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AUGUST 15, 2017 MINUTES �Gs \A81 �CH yc) eC S,1 VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 15, 2017 Mayor William D. Sessoms,Jr., called to order the City Council's Briefing on TRANSIT PLANNING in the City Council Conference Room, Tuesday.August 15, 2017, at 3:30 P.M. Council Members Present: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms,Jr.,John K Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss Out of City-Family Vacation 2 CITY COUNCIL'S BRIEFING TRANSIT PLANNING ITEM#67294 3:30 P.M. Mayor Sessoms welcomed Brian Solis, Transportation and Transit Planning Manger — Planning and Community Development, and Ray Amoruso, Transit Chief Planning and Development Office—Hampton Roads Transit(HRT). Mr. Solis expressed his appreciation to City Council for their continued support: Transit Planning Update M3 City Council Briefing .ee■u August 15,2017 ■■■■ 'lull IIII Brian Solis,Transportation/Transit Planning Manager II� f Ray Amoruso, HRT Chief Planning and Development Officer I' II ----Iii IN Et im 1E1I ill 1111..-- Il ii II �� - :Z lel■ 11 .... ..• .. "MI 11■11■ 11` e :111e11 1111---- iiiiii ■■ •••■ •• ..1I I111111e11 iiiiii e1III 111■ •••• iiiiii .. :. •••• ;; •.IIS II111ee1in iiiiii ••-- '''' :: •••••.• ••II Il•1111111 Li •eelut 1111...- In ■MI=��\) -.. ",.r'IT' " I .... - ll =MS . 0 0 Ar o . c o 1....11.1111. , IIIIIIMIIIINNI Here is the 2017 Timeline of Transit Activities: 2017 Timeline of Transit Activities • Jan.17 Cnurcu bnehny-Direction to get immediate public input poor to City Council Feb.13-14 Goal Setting Retreat • Jan.31 Multimedia transit workshop#1(Live.TV.Facebook Live.Twitter).including Public Works backlogged roadway needs • Feb.10 Facebook statistics/online survey results summarized for Council's packets • Feb.-March Council comments to facilitate another public engagement forum on transit • Mar.22 Multimedia transit public engagement workshop#2 (live.FB live and online survey) • Mar.30/May 3 Autonomous vehicle forums in Northern Virginia focused on how states and localities can ready themselves for autonomous and connected vehicles • April 4 FY 16 HRT budget true-up City staff briefing to Council. HRT re-establishes Management Financial Advisory Conlin r• • April 7 HRT Pop up public engagement on Transit Development Plan at VB TCC • April 14 Facebook Live statistics and online survey results summarized for Council's packets • April 18 Megabus franchise agreement considered by City Council • April-June 2017 Transit Development Plan HRT stakeholder engagement including regional City staff stakut ,1,k(rrcui• technical analysis and service change recommendations • May 22 and June 5 Bayfront-Oceanfront Shuttle and Megabus service begin,respectively • March-present Little Creek-Fort Story JEB+Preservation Virginia-Cape Henry Landmark Shuttle discussions • May-Aug. Sentara Princess Anne Hospital and Lynnhaven Mall to consider no-low-cost service changes • Jan.-present Bus stop shelteriaccessibility CIP project coordination with Public Works.HRT and contractors August 15, 2017 3 CITY COUNCIL'S BRIEFING TRANSIT PLANNING ITEM#67294 (Continued) During the City Council's recent Retreat, ten (10) goals were established; the third (3i1) goal being to Improve the Transportation System: City Council Goal #3: Improve the Transportation System 1. Secure adequate funding for transportation projects ArA t]tkA 2. Reduce congestion and improve traffic flow USW 3. Explore more alternative modes of transportation 4. Advocate for high speed linking Hampton Roads to Northern Virginia and beyond 5. Better mass transit by improving frequency and reliability 6. Become a"Test Center"for emerging transportation technologies a Here is an Overview of the City Initiatives and the Regional Transit Development Plan: Overview City Initiatives Regional Transit Development Plan • Early 2017 City public engagement results • Virginia Beach overview and regional • Bus stop improvements CIP connections Bayfront-Oceanfront Shuttle • High Frequency Bus Service Concept •• Megabus Update • Data-driven service planning decisions • Fort Story(Little Creek)JEB Shuttle • Bus fleet capital needs for State of Good Repair and high frequency service Partnership • Strategic Bus Service changes this year ' Next Steps • Oceanfront Transportation Center planning • East-West Shared Use Pathway • Smart Cities Strategy- Autonomous/Connected Vehicles August 15, 2017 4 CITY COUNCIL'S BRIEFING TRANSIT PLANNING ITEM#67294 (Continued) One of the goals is to "Better mass transit by improving frequency and reliability". Below are the Community Engagement Results: Improve the Transportation System: Better mass transit by improving frequency and reliability Community Engagement Results • What the public said: • January briefing to Council • Shorten my ride--quicker trips and more frequent buses • January—March public engagement • Make riding transit dependable • Regional Transit Development Plan • Make riding simpler through Stakeholders Work Group technology • HRT March—June first wave of public • Build the former rail right-of-way engagement bikeway/trail—it will connect • Transit Trends: Ma or Transit neighborhoods,businesses and Systems revamping their approach tocmake it easier to get across the bus service—Hillsborough County. y FL,Columbus,OH. Houston.TX With 500+ bus stops in the City, City Council prioritized funding toward improving the existing bus stops and progress is being made in making accessibility improvements, as well as the bus stops themselves, with additional shelters. Below is a more detailed progress update: Improve the Transportation System: Better mass transit by improving frequency and reliability = . - . Bus Stop Shelter and Accessibility r,,�•, Capital Improvement Project✓Completed: jy . ,\ ✓Bus stop ADA connections recommended by Mayors Committee for Persons with Disabilities � � ✓ _� Bus stop access improvements for Bayfront-Oceanfront Shuttle =� - Ys. f r !Vice , , ✓16 busiest bus stops improved with 13 new - .a bus shelters,two stops with new benches and 410, sidewalk enhancements in three phasesi � 1 ° .Vi. starting in September/October !„ 4 ' b �# , August 15, 2017 5 CITY COUNCIL'S BRIEFING TRANSIT PLANNING ITEM#67294 (Continued) The new "seasonal" Bayfront-Oceanfront Shuttle will continue in 2018; however, there are improvements to be considered for the next year: Improve the Transportation System: Better mass transit by improving frequency and reliability ✓New seasonal Bayfront-Oceanfront Shuttle "Started last week of May ✓8 a .to midnight daily every 45 minutes ✓Vista Circle/Lesner Bridge to 19'"Street ✓ First Landing State Park stop 17-7-1.. I ik "Averaging 100 riders/day Improvements to Consider for 2018: "Extending Service west of Lesner Bridge to Shore Dr.Bus Transfer ✓30 minute Frequency ✓Community training on using transit There are security concerns and the military instillation security requirements for visiting Cape Henry Landmarks: Improve the Transportation System: Explore more alternative modes of transportation ✓Fort Story(Little Creek) JEB Shuttle Partnership 1 1,' • Military installation security et Got.8- requirements for visiting Cape he Henry landmarks • Partnership under consideration • Navy investment: parking p! Falg 41.` lot/access/security changes . _ .) • Preservation Virginia manages shuttle drivers/guides .� • City funds up to two multi-passenger vans and maintenance for shuttles �% August 15, 2017 6 CITY COUNCIL'S BRIEFING TRANSIT PLANNING ITEM#67294 (Continued) Also, City Council has requested Staff advocate for "high speed transit" linking Hampton Roads to Northern Virginia and beyond. In June, Megabus Service began direct service from the City to Hampton, Richmond, Washington, Baltimore and Philadelphia with major transfers in Richmond and the DC Union Station: Improve the Transportation System: Advocate for high speed linking Hampton Roads to Northern Virginia and beyond Megabus Service Starts to/from Virginia Beach �j %1,i.'.. • Direct service to/from Virginia Beach to '" �.�,� Hampton/Richmond/Washington/Baltimore and _ Philadelphia began June 5 from Pacific Ave.at 19'"-20'" Streets • Major transfers in Richmond and DC Union Station • Service:Two buses each to/from Fri.and Sun and one © ' bus arriving/one departing Mon.—Thurs.+Sat. • June—July ridership:986 passengers arrived and 860 passengers departed There is now a private, commercial bus service accessing both the Northeast and the Southeast Corridor directly to/from Virginia Beach: Improve the Transportation System: Better mass transit by improving frequency and reliability • Making strategic service Route 258snara Primus,Anne Hoscial improvements now that are cost-neutral or cost-saving - " ••-• )t • Providing direct service to r ThetTid and bus route e H5 { s The Tide and bus route 25 will � �--' 1 ; t now with three major r w .a+.�` ,i^ ;11 • transportation service +'!'�� « '- } •••• L rnnhaven Parkway Corridor: y^e��:•:14 • t Evaluating,north-south year- 'i .°� , .;,• --- round service improvements: y potential park and ride lot and better corridor connectivity and bus stop amenities IP August 15, 2017 7 CITY COUNCIL'S BRIEFING TRANSIT PLANNING ITEM#67294 (Continued) Another Initiative currently underway is the Oceanfront Transportation Center Planning Center providing the services below. This will be located between 19r''Street and 24th Street Corridor: Improve the Transportation System: Better mass transit by improving frequency and reliability Oceanfront Transportation Center Planning ✓Identify long-term preferred location ✓Move transportation uses in coordination with Dome site redevelopment ✓Coordination with potential partners _ '- ✓HRT—Year round+seasonal routes ✓Amtrak --'w ✓ Sift Megabus * � it Commercial transportation providers ip_ ✓Next Steps -w 4 111 ✓ Conceptual Planning �l�F ✓Apply for grant funding fola, y r a I The Bikeways and Trails Plan continues to be a top priority of the City. Staff suggests leveraging existing capital funding to maximize grant opportunities and partnerships: Improve the Transportation System: Explore more alternative modes of transportation East-West Shared Use Pathway is Top Priority of the City's Rillirigrr Bikeways and Trails Plan +.irrMi. 1. Develop a low cost approach •n P '- 2. Properly plan and coordinate ` , utilities and technology �— infrastructure improvements / - 3. Remove old rail infrastructure -i• 4. Leverage existing capital funding .' � .' , 4.040 to maximize grant opportunities - „C and partnerships 5 Build in phases • i August 15, 2017 8 CITY COUNCIL'S BRIEFING TRANSIT PLANNING ITEM#67294 (Continued) Over the past 6+ months, Planning and Public Works have participated in Autonomous and Connected Vehicle Forums with industry experts in vehicle manufacturing. The recommendation is to develop a Smart Cities Strategic Plan: Improve the Transportation System: Explore more alternative modes of transportation, Become a "Test Center" for emerging transportation technologies Develop a Smart Cities Strategic Plan .,-34,11q. ..,„ .42tik 1. Comprehensively addresses connectivity— ! 9 transportation and technology 2. Build off of existing Intelligent Transportation \. System (ITS)and IT fiber network I _ 3. Include a component specific to advancing autonomous and connected vehicles inBEP Virginia Beach f� 4. Identify resources and implement the Plan Photo credit:UBER and Advanced Technologies Center(Carnegie-Mellon and Pitt)with Volvo in Pittsburgh and San Francisco Mr. Solis introduced Ray Amuroso. Mr. Amuroso advised the Regional Transit Development Plan is a ten (10)year plan: Regional Transit Development Plan Virginia Beach overview and regional connections • High Frequency Bus Service strategy • Data-driven service planning decisions = • Bus fleet capital needs for State of Good Repair • Regional Coordination needed ■ Next Steps 1 II 11 1 11 11 ii ii ii 1 11 1• I III aA. r- 0 0.011111M11111111 M August 15, 2017 9 CITY COUNCIL'S BRIEFING TRANSIT PLANNING ITEM#67294 (Continued) Here is an overview of the Regional Transit Development Plan (TDP): Regional Transit Development Plan What is a Transit Development Plan • The Transit Development Plan (TDP)is a ten-year plan required by the Department of Rail and Public Transportation. The plan outlines existing transit service, plans for service enhancements.future service and anticipated costs The TDP guides HRT Service Planning by: • Analyzing existing service. socioeconomic and demographic data to understand transit supply and demand throughout the region • The plan is guided by stakeholder and general public input This provides an overview of TDP Public/Stakeholder Input: Transit Development Plan (TDP) Public/Stakeholder Input •:The major goal of the TDP outreach effort was to capture feedback from key stakeholders and members of the public, both existing and potential riders ••Feedback was collected through a series of focus groups and meetings that took place in the April through June timeframe •:•Feedback helped shape the service planning recommendations within the TDP August 15, 2017 10 CITY COUNCIL'S BRIEFING TRANSIT PLANNING ITEM#67294 (Continued) There are currently twenty(20)routes operating in the City: eleven (11) local, three(3)seasonal and six (6)max. The three(3)seasonal routes are funded differently than the other routes in the City: Existing Service in Virginia Beach Currently 20 routes operate in the City of Virginia Beach: 11 local, 3 seasonal and 6 Max Route 1 -Pembroke East to downtown Norfolk Route 30-Atlantic Ave Shuttle Route 12-VB TCC-South Norfolk Route 31 -nownew a Campground shuttle Route 33-65th steel re Pw.ifit,Corieral Booth to Mu n opal Route 15-Evelyn Butts to Robert Hall Route 20-VB Oceanfront to downtown Norfolk Route 35-vs oc.ardronl to shore Dnoos.yfront Route 36 PeMv^ke East via Wawa Road Route 22-Newtown Rd Station to JEB Little Creek MAX 918/919-S her Levi p-n-r to Joint Forces slag U_Ilrcc Route 25-Newtown Road to Municipal Complex Norfolk MAX 922 Chesapeake-Virginia Beath to Naval 5.000n Norfo Route 26-Lynnhaven Mall to VB TCC MAX 960•Vol nia Beath Oceanheni to dowel/me Norfolk Route 27-Pleasure House Rd.to Newtown Rd. Station MAX 966-s hedoaf Park&Ride/Newpo-t News'Pans t rentor Route 29-Pleasure House Rd.to Newtown Rd MAX 967 Virgr la Beach•chesapeake to Newport News Station Here is an overview of the Service Planning Concepts used to improve bus service: Service Planning Concepts Service planning concepts used to improve bus service included: •:•Adjusting frequency of existing routes •:Adjusting service hours of existing routes •:-Realigning existing routes •:Incorporating new routes •:-Changing the length of a route •:•Route eliminations •:Establishing a High Frequency Bus Network August 15, 2017 11 CITY COUNCIL'S BRIEFING TRANSIT PLANNING ITEM#67294 (Continued) This map depicts the current routes within the City: Iff�Fre eene7 Rwr• Unthmisd IlfeeUFrfG Myneenle fel Aro ammo-- r 11 vyn • Q,. �� • .esti.io-�e f s- The goals of HRT for High Frequency Transit Network (HFTN) are: to provide a quality service that is easy to use and enhances people's lives, foster regional quality of life and economic vitality, ensure financial stewardship and cost-effective operations that further financial partnerships and community trust and build an innovative workplace culture to ensure HRT remains relevant to the dynamic needs of the Region: Concept Discussion — High Frequency Transit Network • Implement a new High Frequency Transit Network(HFTN)that will - "' connect the region's major employment centers,education, healthcare,and retail centers • The HFTN would include: •:New buses with better frequency and reliability •AState-of-the-art technology and customer amenities :•Seamless links with other transportation providers •:Simpler ways to pay fares and access the system. August 15, 2017 12 CITY COUNCIL'S BRIEFING TRANSIT PLANNING ITEM#67294 (Continued) HRT understands the Regional demand and market for High Frequency Bus Service and the areas that can support higher frequency service at all times of the day. First, HRT looked at Transit Propensity (a measure that is based on a number of factors —such as population, employment densities, demographic and employment data). Next, HRT looked at the Travel Flows from the regional travel demand model to see where major movements were happening, regardless of mode: Market Assessment: Needs Transit Propensity r s � � So.... . Southside:Multimodal Service Index The next step in the Market Assessment is to identify the Service Gaps: Market Assessment: Service Gaps ••Combined transit needs and travel flows ' :•Compared against existing service •o Determined gaps • Low level of service • Lack of connections1417 ` • New service areas ` � n . All Day Service Gaps ■ U TRA .511 August 15, 2017 13 CITY COUNCIL'S BRIEFING TRANSIT PLANNING ITEM#67294 (Continued) It is imperative to maximize resources and High Frequency Transit Network will maximize ridership, be cost effective, reliable and dependable, as well as be comfortable: Maximize Resources Assessed and evaluated service Key Bus Service Performance Indicators effectiveness and efficiency to maximize resources Service Cost Service Effectiveness Efficiency Quality High Frequency Transit Network r. .<.ars`vria> will: Revenue Houra: •: Maximize ridership i'?oe ::>.,::•::;;•••: fir • Be cost effective 'ftsoEncjors •: Be reliable and dependable •: Be comfortable HRT currently has little High Frequency Transit with no routes with all day High Frequency service. With ridership largely transit dependent, this does not provide people the service that they need to get where they need to go: HFTN Concept Overview •:-Centered around a High Frequency Transit Network of 20"core" routes •:•Address issues: • More dependable.frequent.and on-time service • Gaps in service coverage and level of service • Inconsistent service spans • Duplicative services • Circuitous routings • Unrealistic run times and schedules • Underlying the HFTN will be improved local feeder bus :•MAX routes and peninsula commuter services will remain with some targeted improvements August 15, 2017 14 CITY COUNCIL'S BRIEFING TRANSIT PLANNING ITEM#67294 (Continued) 73%of the entire District would see better coverage with High Frequency Transit: Return on Investment •: Better coverage .• ? 73%:Area served by high frequency transit Better access to jobs .• " 190%: Population within 1/4 mile of high frequency Higher ridership transit 97%: Jobs within 1/4 mile of high frequency transit Network Service Area(mit) Population Jobs —I Existing 30 121,000 174,000 HFTN 82 351,000 343,000 Percent 173% 190% 97% Change Here are some recommended frequency and span of service: Services Characteristics of High Frequency Transit Network Recommended Frequency Recommended Span of Service Time Period Frequency Day Span Morning & Evening Peak 15 minutes Weekdays 6:00am— 11:00pm Midday& Evening 30 minutes Early Morning&Late Night 60 minutes Saturday 30 minutes Saturday 6:00am— 11:00pm Sunday 60 minutes Sunday 7:00am—8:00pm August 15, 2017 15 CITY COUNCIL'S BRIEFING TRANSIT PLANNING ITEM#67294 (Continued) Here are examples of potential High frequency Transit Routes/Corridors on the Southside: Proposed irk i bLIIN—°-glAtlif A--;— --- "-- '—'— ,,L ....!wir ww"-- - -—:• .• 41111 riltr:r_ IN 4. • �% Mt Im e Southside Potential High Frequency Transit Routes/Corridors , Mph Frequency Transit. Mrs 2.-4—..13 20-75-36-49—m 0 Pwar.r TRANSIT Mr. Solis advised in order to further advance City Council's Goal of improving the Transportation System, Staff is seeking City Council's support to implement these next steps: Next Steps 1. Report back with costs associated with Transit Development Plan recommendations a. Coordinate with HRT on public involvement on Transit Development Plan b. Update City Council on proposed HRT transit service changes with FY 18 Budget process c. Phased approach to implementing prioritized bus service changes d. Legislative Agenda support for regional High Frequency Transit Network funding 2. Develop a Smart Cities Strategic Plan with an Autonomous Vehicle Implementation Strategy 3. Pursue grants and partnerships for east-west shared use pathway within former Norfolk- Southern right-of-way 4 Coordinate with Little Creek-FortStory JEB&Preservation Virginia to implement shuttle for public access to Cape Henryhistoric landmarks 5. Complete Oceanfront Transportation Station study and update City Council on recommendations Mayor Sessoms expressed his appreciation to Mr. Solis, Mr. Amoruso and everyone working on improving transit within the City and the Region. August 15, 2017 16 CITY MANAGER'S BRIEFINGS SUSTAINABLE WATER INITIATIVE FOR TOMORROW(SWIFT) PROGRAM ITEM#67295 4:18 P.M. Mayor Sessoms welcomed Melanie Coffey, Permit Administrator—Public Works. Ms. Coffey expressed her appreciation to City Council for their continued support: (;l„of 'NB Virginia Beach r �.tydllrl a THE CHESAPEAKE BAY POLLUTION DIET AND SUSTAINABLE WATER INITIATIVE FOR TOMORROW —Restoring the Bay while reducing future City cost AUGUST 15,2017 CITY COUNCIL MEETING • Below is an Overview of today's presentation: °V11.11.1.111111 • Chesapeake Bay Pollution Diet • City Requirements for the Chesapeake Bay Pollution Diet • Sustainable Water Initiative for Tomorrow (SWIFT) — Hampton Roads Sanitation District and City of Virginia Beach Partnership • Summary • 2 August 15, 2017 17 CITY MANAGER'S BRIEFINGS SUSTAINABLE WATER INITIATIVE FOR TOMORROW(SWIFT) PROGRAM ITEM#67295 (Continued) Below is the history of the Chesapeake Bay Pollution Diet: CHESAPEAKE BAY POLLUTION DIET 2010 • EPA issues the Chesapeake Bay TMDL in December 2010. • The TMDL is a historic and comprehensive"pollution diet" to restore clean water in the Chesapeake Bay and the region's streams,creeks, and rivers. • The TMDL is required under the federal Clean j Water Act. ... �' • The TMDL identifies the necessary pollutant reductions"diet"of nitrogen, phosphorus, and sediment across Virginia, West Virginia, the District of Columbia, Maryland, Delaware, Pennsylvania, and New York. MOM "` MOM I / CHESAPEAKE BAY POLLUTION DIET 2010 • EPA requires Virginia to develop Watershed Implementation Plans to identify local area targets and goals for reductions. • Virginia submits the Chesapeake Bay TMDL Phase I Watershed Implementation Plan on November 29, 2010. 2012 • Virginia submits the Chesapeake Bay TMDL Phase II Watershed Implementation Plan on March 30,2012. 2016 I" • Virginia Department of Environmental ,' Quality issues the Municipal Separate ,/ �. Storm Sewer(MS4) Permit to Virginia Beach on June 2, 2016 with pollution, reduction requirements under the Chesapeake Bay TMDL. August 15, 2017 18 CITY MANAGER'S BRIEFINGS SUSTAINABLE WATER INITIATIVE FOR TOMORROW(SWIFT) PROGRAM ITEM#67295 (Continued) The estimates of the Action Planning to the City's Chesapeake Bay TMDL Requirements totals $325- Million: CITY'S CHEWPEAKE BAY TMDL REQUIREMENTS Chesapeake Bay TMDL Action Planning Implementation in three MS4 permit terms • Phase I(2016-2021)Achieve 5%of the total required pollutant reductions ) • Phase II(2021-2026)Achieve an additional 35% of the total required pollutant reductions Phase III(2026-2031)Achieve an additional 60% of the total required pollutant reductions Phases by 1 %Pollutant Planning Level 5yr Permit Reduction Cost First I 5% $10 million g — Second 35% $75 million -- Third 60% $240 million City's Primary Watersheds Total 100% $325 million The l'Phase is approximately 60%complete: CITY'S CHESAPEAKE BAY TMDL REQUIREMENTS • Approach to Meeting Required 1110 Pollutant Reductions Stormwater Retrofit Projects • VSMP Redevelopment Projects • Nutrient and Sediment Trading Kemps Lake1 it • §62.1-44.19:21 for Nutrient Credit • §62.1-44.19:21.1 for Sediment Credit Mill Dam Stream Restaralon August 15, 2017 19 CITY MANAGER'S BRIEFINGS SUSTAINABLE WATER INITIATIVE FOR TOMORROW(SWIFT) PROGRAM ITEM#67295 (Continued) The HRSD and City's Partnership regarding nutrient and sediment trading is set forth below: HRSD AND CITY OF VIRGINIA BEACH PARTNERSHIP • HRSD and the City of Virginia Beach are both regulated through state permits to reduce pollutants under the Chesapeake Bay TMDL • EPA recommends an Integrated Planning Approach for both stormwater and wastewater to work together to meet the Chesapeake Bay TMDL requirements • SWIFT will provide additional pollutant reductions that exceed the required reductions in HRSD's permit • Virginia Regulations allow trading of these additional reductions between HRSD and regional localities within the same river basin. In Virginia Beach,the Elizabeth River Watershed is located within the James River Basin. HRSD's Sustainable Water Initiative for Tomorrow(SWIFT)Program has a potential cost savings to the City of approximately$315-Million: HRSD'S SWIFT PROGRAM Treat wastewater to meet drinking '' '' tt• F water standards and replenish the S W I ` f` aquifer with clean water to: Water • Meet compliance with Chesapeake __ Bay TMDL requirements `� "�'�' • Reduce the rate of land subsidence • Provide a sustainable supply of groundwater • Protect the groundwater from saltwater contamination • $1 billion construction cost for implementation at 7 wastewater treatment plants August 15, 2017 20 CITY MANAGER'S BRIEFINGS SUSTAINABLE WATER INITIATIVE FOR TOMORROW(SWIFT) PROGRAM ITEM#67295 (Continued) Below is the timeline for HRSD's SWIFT Program: HR INE 2017 • Trading Agreements Signed with regional localities 2018 • Federal Consent Decree submittal by HRSD to EPA includes SWIFT program 2019 • EPA approves Consent Decree and Implementation of SWIFT • City initiates a non-controversial legislative change to add the Lynnhaven and Little Creek Watersheds to the James River Basin 2020 to 2030 • Construction through phased implementation HRSD'S SWIFT PROGRAM TIMELINE I 2026 • City's Second Phase Chesapeake Bay TMDL Action Plan implementation deadline • HRSD will provide current excess pollutant reduction credits to Virginia Beach temporarily until completion of SWIFT 2030 • HRSD will complete construction of SWIFT by 2030 • HRSD will provide pollutant reduction credits available from SWIFT permanently to Virginia Beach August 15, 2017 21 CITY MANAGER'S BRIEFINGS SUSTAINABLE WATER INITIATIVE FOR TOMORROW(SWIFT)PROGRAM ITEM#67295 (Continued) Below is an overview of what the SWIFT Program does not address: WHATS ■NIMPI ESS • The first phase of the Chesapeake Bay TMDL pollutant reductions(5%of pollutant load reductions) • Local TMDL requirements for bacteria and phosphorus • 18 Impaired local waterways in Virginia Beach • 7 Local TMDLs have been issued • MS4 permit requirements to construct retrofit projects throughout the City • Numerous other MS4 permit requirements outlined in the Council Briefing on June 7, 2016 • Trading credits may not be used for Public or Private Development Projects SUMMARY 4111. Potential cost saving to the City of$315 M for mandatory compliance with the Chesapeake Bay Pollution Diet HRSD's SWIFT Program proposes delivering all of the needed credits to Hampton Roads communities. Costs would be passed to rate payers, not municipalities • SWIFT will provide additional benefits to "" ""` Virginia Beach by reducing the rate of land «' subsidence • • City has additional mandatory water quality �� ` improvement requirements for Local7-1 e TMDLs and MS4 Permit requirements . • Goal is clean and sustainable lakes, rivers and estuaries August 15, 2017 22 CITY MANAGER'S BRIEFINGS SUSTAINABLE WATER INITIATIVE FOR TOMORROW(SWIFT)PROGRAM ITEM#67295 (Continued) DISCUSSION \13 City of Virginia Beach -sem ka ar..Pe+1re w nopun S■ ■ ■I f tfor Sustainable W WacerToIni[wtrve morrow Mayor Sessoms expressed his appreciation to Ms. Coffey and everyone working diligently on this very important project. August 15, 2017 23 CITY MANAGER'S BRIEFINGS DEVELOPMENT SERVICES CENTER and SITE PLAN REVIEW PROGRESS ITEM#67296 4:29 P.M. Mayor Sessoms welcomed Nancy McIntyre, Development Services Administrator — Planning and Community Development. Ms. McIntyre expressed her appreciation to City Council for their continued support and advised the main goal of the DSC is getting to approval: 1 ierf Planning and Community Development Development Services Center SITE PLAN APPROVAL PROGRESS "Getting to YES!" CITY COUNCIL BRIEFING August 15, 2017 In recent years, DSC received comments and complaints about the review process and, as such, DSC began the process of Improving Site Plan Approval Services: Improving Site Plan Approval Services • Process Improvement Steering Committee s • City Auditor . ^-^'•`•'^ • Meetings with Consultantsi t. and Developers —_ _ • Ongoing input from �� customers — • • Review Staff input and Mood Maihsfat participation ---- _" _ M•„ „„M„k„sa,,,, ...erOw*SIM August 15, 2017 24 CITY MANAGER'S BRIEFINGS DEVELOPMENT SERVICES CENTER and SITE PLAN REVIEW PROGRESS ITEM#67296 (Continued) Here are the Improvements made to Date: Improvements made to Date • Thursday pre-submittal meetings • Comment review meetings • Reduction in number of city review agencies • Reduction in redundant comments • Most comments include reference to codes or policies • Single Family Site Plan review checklist • Weekly reports—staff accountability • Accela Automation • Development Liaison Office Additionally, DSC has formalized the Pre-Submittal Meetings and received many compliments from developers: • Pre-Submittal Meetings • Developer and Design Team, including Civil Engineer and c r= Architect j `jY ""t' • Review staff required to ( t'�o • attend {' • Y}0 v • Standard Agenda covers all + r 4.a aspects of review and permitting . __ Q, Meeting notes and ['i ; 1 o attendance taken and " shared with all Ilk, Concept plan,notes,saved •••• in Accela 'ARIARWSE BREWERY - _-•. EIIIIMEEPr August 15, 2017 25 CITY MANAGER'S BRIEFINGS DEVELOPMENT SERVICES CENTER and SITE PLAN REVIEW PROGRESS ITEM#67296 (Continued) The Site Plan Comment Review Meetings also include the developer and the design team. Once a plan has been through Review, this meeting provides an opportunity for Staff, design consultant and developer to work through any issues. The objective with both Pre-Submittal and Comment Review meetings is to reduce the number of review cycles, get to approval and be under construction as quickly as possible: Site Plan Comment Review Meetings • Requested by design ,� n team,developer or city staff after initial or subsequent reviews • Review staff required to _ . attend • Opportunity for -4__ clarification of design and review comments • Collaborative discussion of design options =—�• >` —�--� One of the most visible changes for the department was the implementation of Accela Automation. This software allows electronic submission of all applications, tracks the workflow progress, is used to store data and as a communication portal. Accela allows us to create a variety of reports to help manage the work and hold staff accountable for getting it done on time: Accela Automation • Electronic plan submittal,review,data storage • Applicant can track review progress • Reduction in paper . . _ _ • Reporting capabilities • Site plan review _. — ` —" — — workflow and project management tool - August 15, 2017 26 CITY MANAGER'S BRIEFINGS DEVELOPMENT SERVICES CENTER and SITE PLAN REVIEW PROGRESS ITEM#67296 (Continued) DSC has configured a number of reports in Accela; however, the Department is making changes to some reports and creating other reports as needed: Accela Reports • Submittals received during reporting period(all types of DSC submittals—can set date parameters) • List of submittals under review(snapshot in time) • Site Plans approved during reporting period • Includes number of submittals and days to approval • Specific to site plans only • DSC Issued Site Permits—Coming soon to Open Data • Land Disturbing/Stormwater • Right of Way • Hauling Accela can generate a report showing everything that has been submitted to the DSC in a given time frame. This chart shows the breakdown of the types of submittals to DSC in FY 2017, almost 3,000: Submittals Reviewed FY17- 2951 Total 53 136 971 •As-Built Surveys-102 a Subdivision Construction Plans-53 Cost Estimates for Bonding•136 Plats and Legal Documents-971 ■CBPA/RPA Preliminary Requests-262 •Site Plans•1343 •Administrative Variances-84 August 15, 2017 27 CITY MANAGER'S BRIEFINGS DEVELOPMENT SERVICES CENTER and SITE PLAN REVIEW PROGRESS ITEM#67296 (Continued) Accela is also able to generate a report showing the number of Site Plans that have been approved over a defined time frame. For FY 2017 the DSC approved 397 Site Plans: Site Plan Approvals FY17 -397 Total 252 .E&S/Stormwater Only-14 .ROW/Utility/Drainage/Other-25 Commercial/Office/Industrial-69 Single Family-252 •Duplex-16 •Multi-lot/Multlfamlly/MixedUse Residential-21 This report provides more specific information for those 397 Site Plan approvals. DSC is currently working with the STIR Office and IT to make it available on the City's Open Data Portal. Ms. Mclntrye advised Ms. Carrie Bookholt, the new Development Liaison Coordinator, will complete the presentation: Site Permits Issued FY17—275 total 2 128 444 If Hauling 2 •Land Disturbing/Stormwater.150 Right of Way 123 August 15, 2017 28 CITY MANAGER'S BRIEFINGS DEVELOPMENT SERVICES CENTER and SITE PLAN REVIEW PROGRESS ITEM#67296 (Continued) Ms. Bookholt advised the Development Liaison Office (DLO) was created this year. Here is an overview of the DLO: Development Liaison Office • Housed within Director's Office • Serve as primary point of contact for development community Complex projects: Arena,Wegmans,Price Street Apartments Development/businesses new to the area or novice developers and/or property owners 1011 Tasked with various departmental initiatives The Ongoing Initiative for the DLO includes the following: Ongoing Initiatives Customer Satisfaction Survey Supplementing Open Data 17. with DSC Permit Report � 444411 Review Agency Checklists Documenting Processes Flowcharts Performance Statistics Website Update August 15, 2017 29 CITY MANAGER'S BRIEFINGS DEVELOPMENT SERVICES CENTER and SITE PLAN REVIEW PROGRESS ITEM#67296 (Continued) — Questions? Mayor Sessoms expressed his appreciation to Ms. McIntyre, Ms. Bookholt and the entire DSC Department for all their hard work to improve this essential service. August 15, 2017 30 CITY MANAGER'S BRIEFINGS REGIONAL BROADBAND STRATEGY ITEM#67297 4:48 P.M. Mayor Sessoms welcomed David L. Hansen, City Manager. City Manager Hansen expressed his appreciation to City Council for their continued support: Hampton Roads Regional Broadband Strategy Briefing to Virginia Beach City Council Aug 15,2017 v► ,_ • • 410 Arai, Dave Hansen City Manager Connectivity Following the Hampton Roads Transportation Advisory Committee decision to fund the regional transportation needs and with the arrival of Transoceanic Fiber connections to Europe and South America,it is now time to implement a regional broadband strategy to continue developing Hampton Roads as a nationally connected 21" century community and international gateway. August 15, 2017 31 CITY MANAGER'S BRIEFINGS REGIONAL BROADBAND STRATEGY ITEM#67297 (Continued) Here is an overview of the Regional CIO Broadband Task Force: • Regional CIO Broadband Task Force Hampton Roads City Managers requested their Chief Information Officers(CIOs) meet to identify how regional connectivity can benefit public safety,higher education,and economic development The CIOs have met multiple times over the last year: 07/20/17 06/15117 01/19117 • 12/19/16 11/10/16 09/13/16 07/26/16 • The CIO Task Force began by setting following goals: • Establish regional connectivity by leveraging fiber Infrastructure Strengthen collaboration and engagement with higher education Leverage regional fiber connectivity to attract new businesses and create 21"century fobs • Immediate Outcome:Conduct an assessment and prepare an application for a GO Virginia grant to construct the Southside fiber loop ; Here is an overview of the Benefits of Regional Connectivity: Benefits of Regional Connectivity Create middle mile Infrastructure - Government • Provide jurisdictional connectivity for Southside operations for the jurisdictions of Chesapeake,Norfolk,Portsmouth,Suffolk and Virginia Beach • Create regional interoperability: _• Build robust Public Safety infrastructure _ Consider a unified and redundant o11 center • Potential for expanded shared services for all departments Economic Development • Foster an ecosystem for low-cost internal service providers to meet demand for affordable intorno,to address the business Digital Divide • Attract new enterprises with high•paying jobs to region(i.e.Biomed,cyber security,corporate headquarters,and financial services) • Construct broadband infrastructure to support business Incubators,technology innovators,product accelerators.end data centers • Retain newly educated/skilled workforce by expanding advanced technology business creation - Education • • Integrate higher education institutions for collaborative research • • Provide bandwidth to support growing educational needs leg.,virtual classrooms) • Provide affordable access to underserved and unserved citizens to address the residential Digital Divide • • • • • • • • • • • • • • • August 15, 2017 32 CITY MANAGER'S BRIEFINGS REGIONAL BROADBAND STRATEGY ITEM#67297 (Continued) Here is an overview of the Internet Speed and Cost Comparison. Of most importance, the City pays over $12,000 a month for Internet access and backup to the Municipal Center Data Center. The Cities that have implanted Broadband Networks pay between $80 and$100 per month: Internet Speed and Cost Comparison Note: City of Virginia Beath monthly contract rate with Cox to provide 1 OB dedlwted Internet access to municipal Data Center M$4,5uu Verizon June,2017 bill to provide 400 MB dedicated int.rnot access backup to municipal Data Center is$7,300 Location Speed&Service Type Monthly Cost Major Providers Cupertino.CA a.1 GB(residential) a.$80' a.AT&T Fiber (tome of Apple) a.1 GB(residential) a.$80' a AT&T Fiber Austin.TX b.1 GB(residential)i 1 GB(small business) b.$70'/$250' b Google Fiber c. 1 GB(residential) c $69' c Grande Salisbu NC a.1 GB(residential) a.$105' a.Fibranl Municipal ry. b.1 GB(residential) b.$80' b.AT&T Fiber Hampton Roads a.200 MB(small business)1100 MB(residential) a $244°I$76° a Cox b.500 MB(small business)/300 MB(residential) b.5294'!$94' b.Verizon FiOS Sources: :MC web vielo,5•eseDe,.S..-;._.I '0snaiofyg_r_n00n'n 'fcrzreezreb w neiree etta 141ewa35,w.k,ik •S�'�4.tl5 'r.oew.c tie •PG M,un5'd1Meo 17 M:1 Here is an overview of the Regional Opportunities to Leverage Connectivity: Regional Opportunities to Leverage Connectivity • Create a fiber-ready region to attract new businesses and high-paying jobs • Leverage available assets for regional connectivity,educational and economic opportunities,and workforce development Y Position the region to pursue public/private partnerships Y Leverage future grants that promote regionalism as well as educational programs • Create fiber infrastructure and connectivity to meet smart region capabilities Y Create diverse routes to support public safety infrastructure Y North Carolina Next Generation Network(Stover Library28August) August 15, 2017 33 CITY MANAGER'S BRIEFINGS REGIONAL BROADBAND STRATEGY ITEM#67297 (Continued) The City used$85,000 of the NEXT Generation Network CIP to invest in a Pre-Engineering Study to connect to the Region. Below is the Vision for Hampton Roads Connectivity: Vision for Hampton Roads Connectivity Pre-Engineering Study • Funded and in progress l= Phase 1: Construct Southside fiber infrastructure(GO Virginia grant) Y Phase 2: Construct Peninsula fiber infrastructure Phase 3: Connect Southside and Peninsula Phase 4: Connect outlier jurisdictions This map depicts the Regional Fiber Optic Network Connectivity with the GO Virginia Broadband Strategy: Hampton Roads \�.,. 'S"iiii°I and Eastern Shore of VA ' 1 1 Regional Fiber Optic Network ConneaMYld �f';2 I y 3 GO VlrilnlaBroa dband Stralrgy �_.. \Y' fh.1Wrrek ® Mph,eduraMnn rorlll0e, �Y ab (yyp. / °( N Mua4tpal eiLrr N,I+nr.a ��+++ _, �', `'t tip�y l' MrYaal�ara ,� wrr L'� ) . 4 lit M+yort -',1l l r Sorry M-. j,Y'1 Counr• rTflY^ 1-, .,}' .,.r»w1 =7m• rs ea� bra""' t. ‘e,,, s.r..w. 1 / '''t?: !.li.---i.- , August 15, 2017 34 CITY MANAGER'S BRIEFINGS REGIONAL BROADBAND STRATEGY ITEM#67297 (Continued) Phase 1 includes Chesapeake, Norfolk, Portsmouth, Suffolk and Virginia Beach: t.;',... Hampton Roads La.. o•-•.,,../ x and Eastern Shore of VA �, 1 Regional Filer Optic Aetwork ConnectivIty ,,,,,,,,((((;;;;) % .'.. it GO lrirylnla Broadband Sltalegy PHASE 11 ' t a LI. '1A144 1 O Higher Frlurukon FaAWb a��QaO' f`�� 41, 1. N NunlrrpallrOrr vrt� � [te ( \ Id awb ..,-)41 -, bHoFW9 1 i^=ht 'i rorlimuth: vyt°rlon 17. wuthumpmn County yr 1 Ch peake virol,w FrunlAn =1 Here is the current Fiber Infrastructure currently in place: " Hampton Roads ~Z-\,, •;y and Eastern Shore of VA �'). i,._ Is Regional Fiber Optic Network Conwealrity 1 A— J, R GO%WOAla broadband SlntaO'- 1 t tihataRle 2 Higher FduroHm I'm-li tkt �a '4.r N Nunkipul FiMr Artwork, F�Z�-' �� .� Allrva�rala 1 Waliam.burg 4 a y '�xrhr ?� Count 1" .roe rA' •':1; SrwtAomqun ji ..F''• G ``fit . t'wnty A ONWeaAr YlegInio SkRo11.),„......___v iron\Nn �- - 7r , A _„ , August 15, 2017 35 CITY MANAGER'S BRIEFINGS REGIONAL BROADBAND STRATEGY ITEM#67297 (Continued) Here is the proposed "loop"to connect the jurisdictions: Hampton Roads ..,..4.1.‘ j ' and Eastern Shore of VA ��I/ Rtplonol Fiber Optic Nt,work Connectivity �"F IGo 1'irgiola 2017Applltltle.)\ ?. Yti 6 NOM"21xede•IYt rallb r ,10 1411,� Ilk ter, -4,.-A` � TC '��' pr/ l . icc; B, a.mmpw`� TCC •.� °� t —/ TCC ' , MIN � / I 4i Phase 2 includes the cities located on the Peninsula: Hampton Roads AA,.......* ar( %r and Eastern Shore of VA 1 Regional rmer Optic Net work Connectivity .YV"" C (40 Virginia Broadband SIn1e0. PHASE 2 U 4a Cou fy ' / 'j �. NunH-ip,i{iRrr Yetuw f 1 - `t s,'•Y � Mr, h V l+ IW o/wl'hi '`Q Gunn 'y�'(Po,rfiagee �:NpJob��ryM� tom' ja-'` °4f Ii;* Y Southampton Nti m County Jo/Jolh Chewpram ZVbefm. ffm„mn � .JI )J L August 15, 2017 36 CITY MANAGER'S BRIEFINGS REGIONAL BROADBAND STRATEGY ITEM#67297 (Continued) Here is the current Fiber Infrastructure currently in place: Hampton Roads yC ''} ., ®. and Eastern Shore of VA _ „J� Regional Fiber Optic Network Connectivity G'r fa Com ' fy 1.`,.n` Comfy _ I 1711711.22.11.4 Broadband Strategy•PHASE 2l `f �.�s 7C Hlpkef{17:7"n Furv:: A , u / iv wnnlnpo7 ner..vr1»orts l .rp / yr wl/Itaubsry ` William-.. "•y,' , 7 and Mary t�, fnunry r. {ie:a, ✓ ‘ 0 . El -4",' .4 rna,,i,. '.'. ...lefterson l '-al bs Thomas' Nelson 71,7".N0,.. t ,�.stRCMMF �UnWersity t NM k Here is the proposed "loop"to connect these jurisdictions: Hampton Roods " f and Eastern Shore of VA ",. 7 Regional Fiber Optic Network Connectivity '~.' "1 -,_7,ii."S 7{ t AG f. I GO Virginia Broadband Strategy•PHASE 2I y„ GllowYs.. � Y.' ml H,paer fAuvot,on{urllrlHl tame flly 4 •Q NMWlepfan A`' 1 WM County � , 'G. .,y. M•'r \ `1 'i'Monyro snalAarnp,M •r R` `K Conn salldk n,.a.7ta.4 > {.nnkbn /� • August 15, 2017 37 CITY MANAGER'S BRIEFINGS REGIONAL BROADBAND STRATEGY ITEM#67297 (Continued) Once the first two phases are complete, the work will begin to connect the Southside and the Peninsula: Hampton Roads i.c, ""'�id and Eastern Shore of VA Regional Fiber Optic Network Connectivity4 GO Virginia Broadband Strategy PRA%3 s 11101 j.,,,, ® Nigher l4rntlw Needs, L !oM.,Cnv ' 6Mb N Mank4al fiber Metw4r F(.,Cwrnty ..tz i .74 �Y M'Y4u�wrEurll"%r • 'I- jl Sorry ,tl t�■ ' C n4 `i 1 in;I?:nIt saint Ie.aWrRnt CaunCoon. -f r rit1. ^.rft.0 1.1/`yl 4701:: S4 So'tnonipton u� �ey�� Cv�l'NFlnlo Suffolk &, -.n" "" ./---"'-'---'-- >e Phase 4 includes the cities and counties surrounding the Region: Hampton Roads "-,"k y.... ,; and Eastern Shore of VA � t Regional Fiber Optic Network Connectivity '....-'":„ e �, "� GO Yirginla Broadband Strategy PNy,A3b 4 GOeKes:., f( county_ a Np..&booboo FMMIto i♦04^Cllyi.% 4 N MunN-Ipol Fuer Networks ' Covnry ' 4' Sk4 i M ry._ Sony Casty ore S 4 term, /.. '® / f N - a Z iev tJ• am Fl..n 't. !'x �T® N min/. sancta ch.gmebe ";...ra trunk„n ��' ; .'"�- . l August 15, 2017 38 CITY MANAGER'S BRIEFINGS REGIONAL BROADBAND STRATEGY ITEM#67297 (Continued) Here is more detailed information regarding Wi-Fi Integration: Wi-Fi Integration Wildfire 5G in partnership with Microsoft provide low cost, high performance, hybrid networks and protected internet to the city of Virginia Beach and other Hampton Roads jurisdictions This solution will serve: • Public safety network • Underserved and unserved areas To close the gap by addressing the Digital Divide • To support educational needs-Eliminating the Homework Gap—One account for every student • To deliver a Network that drives Community and Tourism • To address accessibility and affordability for broadband Features • Speeds up to 100Mbps for all users • Speeds of up to 300Mbps for business • Protected internet solution • Three layers of radio coverage('I.mile,5 miles,8 miles) Service Price 59.25 per month up to 25Mbps • Additional pricing tiers up to 100Mbps • Approximately$500 per month for businesses up to 300Mbps • if Here is the potential for WiFi Coverage from the Blackwater Tower. This would provide High Speed Internet Connectivity for over 1,500 families in the Blackwater area of the City for a fraction of the current cost: Potential WiFi Coverage �! Blackwater Tower 8-,Nile Radius 4.,a. Clho 49. • &acIncater Tawer I ,Fp.V(IIF♦� FS 413 Blat kart, -1,500 Virginia Beach Households within 8-rnile radius August 15, 2017 39 CITY MANAGER'S BRIEFINGS REGIONAL BROADBAND STRATEGY ITEM#67297 (Continued) Hampton Roads f ,r and Eastern Shore of VA /,' Regional Fiber Optic Network Connectivity /h } Incorporating WWI Strategy . , Gloucester 4_ ,'‹ Nbt.,Education beanie. W.•atr Ct. a ., i 1. N Municipal nkrr Networks {�' •N''(. i•,Midi Acorns Points I. , ...lir. w�� .•4r x vs • E*. "1 •Sorry J ,• * • ,it. Coon. r ...:1.01 suatkompnm o '{�� • • County {Oak Cl.mpabl ,: •�Vlryi.b IMEPe.--,,IT Hampton Roads �" ""'/d y;. 'F�%� and Eastern Shore of VA e ✓ Regional Fiber Optic Network Connectivity .i ,,,�-t Incorporating WW1 Strategy J es .`G/armn$/ `.4.L'� C''''''y, e6 IS Huth,adocanon Fannon - W. 0 fill v y. . 1 1 n.'wuninpoinpr.Het.or. OOmY� ._•. \'tett )...is. M Po M'i/i Atans Points rEA- •;r Mrlka..®ro'aY'- s� y`�a`4\r ?trll y 7 Com., s it August 15, 2017 40 CITY MANAGER'S BRIEFINGS REGIONAL BROADBAND STRATEGY ITEM#67297 (Continued) Hampton Roads and Eastern Shore of VA 4t6 / Regional f liter Optic hetwork Connectivity i Incorporating Win Strategy , r_ ' Ck.wei'rier ' 0 Ili •fifthetldntot ion Falb., '' lam es eke ,..., Moto Atrem Points *V' 4 t o . c..5— .. _ ......,.... AIll ,....„, ..„, .-, ... 1... .c1.7:6‘ .%-f ftni...th 1,..1t1V. . 151"V. it, , 4. •/,'„‘ Sis2,_1„ • W Southampton --'C , 11 County ss,,,,k CheMpeake --',. MM.. " Franklin - : " 1.1 11 44 ..... _ . -..f.-. Hampton Roads ! A.A.comock and Eastern Shore of VA , IteglOnta Fiber°MCC fietwori Connectivity I Incorporating Will Stratagl )11111 t ,• t4 ' - co.,. , • 1St Chahar latmonon Fortintet " lames "..' .Y . ., . ...1.0.p.iiiijr,,.•,•.. . IV let Attest Paton -1.'.). ..• ', , . . . .. c°•'^',c)'....A ) r . -V\ ,*-- •.. ...1,..„.., \... ; .. ......4"...,...i '• ..4:-. .. .. ., ote ,.- ,a.l'Y,i-.`i' . • 41It Wee Bauch tl• 40n. .44 .4ik' lq '''- . August 15, 2017 • 41 • CITY MANAGER'S BRIEFINGS REGIONAL BROADBAND STRATEGY ITEM#67297 (Continued) Hampton Roads "*r and Eastern Shore of VA4111 • Regional Fiber Optic Network Connectivity f 1 Incorporating WIFI Strategy -`� IIRohe,Gwatbn Farllitlet Municipal liber Wtwrks to. es WV:Acres,Points h • • aontMa ■ Count, Ir Franklin 44 g! ,F q 2� Hampton Roads and Eastern Shore of VA 4 T I Regional Fiber Optic k'etwork Connectivity Incorporating WfFI Strategy CA` ' ■ nigher Fwiltnes r4atars Ca,• • N Nunlelpnll�Mr Nrtnartt l• - � `� a {, MP.Aerr.r Pon. F )' fir 104; {-1 .5 y r • • • A _- -*, F, August 15, 2017 42 CITY MANAGER'S BRIEFINGS REGIONAL BROADBAND STRATEGY ITEM#67297 (Continued) Hampton Roads 5 �, and Eastern Shore of VA Regional Fiber Optic Network Connectivity Zs� � Incorporating WiFI Strategyi. �� 4. 11 Mott,Education Fotlg1M1 r-luau.Ctty L .r CN.,Municipal HO,tietwork] C/ounly 1r �e . M'IEI Access loin“ cif-1 r/ Yf.;~ tWIwnM J NIA lam' 41 NMk .YA faaa� W ,a t N"'part M! NM , lairal—ik"67r `l4.., Pp^,- Carnry 4 Iortiwova b'iVO. • M a '`- \aP. ®qpm / p .4.4,0110 COW,ty O ke VI OP Sanaa p .�!�.�p Mrua IP Etonian p Flu. p ulf p p q p tl f p Hampton Roads k and Eastern Shore of VA Regional Fiber Optk Network Connectivity '- p ® Nigher Education FaclnIM 4-Janes Cory 2/v Municipal Mar Network, "1 r N. --J _;Jar L.-4.0)Iwit t. August 15, 2017 43 CITY MANAGER'S BRIEFINGS REGIONAL BROADBAND STRATEGY ITEM#67297 (Continued) The Pre-Engineering Study is underway with this timeline: Pre-Enqineerinq Study • City of Virginia Beach funded$85k for the assessment and white paper • CTC Technology and Energy • Scope and Timelines: • Create a middle mile strategy to enhance economic development and jurisdictional connectivity • Develop white paper(Outline) Aug 02,2017 • Assess existing assets Aug 25,2017 • Develop network design and cost estimate(Financial Analysis) Sep 08,2017 • Develop financial model(Economic ROI) Sep 22,2017 • Develop dark fiber lease fees and governance policies Sep 22,2017 • Draft Report Sep 29,2017 • Final Report Oct 13,2017 • Though there are quantifiable governmental benefits for each jurisdiction to implement a broadband strategy the significant outcome resides in the creation of high paying jobs. Hampton Roads Economic Development Target Industries and Sectors Job creation efforts are focused on the priority industry sectors shown on the following chart Business Information, Advanced Life Sciences and Maritime, Aviation, Services Analytics and Manufacturing Healthcare Logistics and Aerospace and Security Supply Chain Defense Professional Cybersecurity Advanced Specialty Pharma Port Related Defense Services Modeling. Manufacturing Medical Devices Operations Activities financial Simulation and Advanced Biotechnology Maritime Maintenance, Services Training Industrial Services Repair and Shared Services Software Technologies Diagnostic Testing Overhaul MRO) Pharmaceuticals Snip Building Management Development Food and and Ship Repair Aviation Related Consulting Game Beverage Clinical Trials Supply Chain Manufacturing Policy Development Processing Bio Informatics Operate ns Air Service Associations and Mobile App Smart Sensors Medical Distribution and Development Government Energy Manufacturing Simulation Warehousing Contracting Solutions Materials Contact Centers Science Corporate and Regional Headquarters-Centers of Excellence-Refearch end Development From Hampton Roads Etorwm*Development Nlanca August 15, 2017 44 CITY MANAGER'S BRIEFINGS REGIONAL BROADBAND STRATEGY ITEM#67297 (Continued) Here is the Funding Strategy for Reginal Broadband: Funding Strategy for Regional Broadband - GO Virginia Grant Goals • Collaboration Between Two or More Localities • Collaboration with Higher Education Potential to Create High Paying Jobs • Promotes Innovation - 2017 Grant Application Timeline • Project submission:31 October 2017 • GO VA Regional Council review and consideration list:15 November 2017 • GO VA State Board funding selection:12 December 2017 Phases and Potential Funding: 2017 GO VA request to construct the main Southside fiber loop(phase 1) • 2018 GO VA request to construct the main fiber loop throughout Peninsula(phase 2) • 2019 GO VA request to connect Peninsula to Southside(phase 3) • 2020 GO VA request to integrate/expand fiber infrastructure for other Hampton Roads Jurisdictions(phase 4) Below is the Request for Council Support: Request for Council Support 1. Endorse participation in regional broadband initiative 2. Authorize briefing to HRPDC 3. Collaborate with PDC to prepare GO Virginia application Mayor Sessoms expressed his appreciation to Mr. Hansen, Councilman Davenport and everyone working on this important project. By consensus, City Council directed the City Manager to move forward. August 15, 2017 45 CITY COUNCIL COMMENTS ITEM#67298 5:07 P.M. Due to time constraints, there were no City Council Comments. August 15, 2017 46 CITY COUNCIL AGENDA REVIEW SESSION ITEM#67299 5:07 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTION I. Ordinance to AMEND the Real Estate Tax Levy for FY 2018 to REDUCE the Special Service District(SSD) taxes for Bayville Creek 2. Ordinance re the Development Agreement for the CityView Two project and AUTHORIZE execution ofproject documents (Deferred July 18, 2017) 3. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE the Hampton Roads Water Quality Credit Agreement for Chesapeake Bay Restoration with Hampton Roads Sanitation District(HRSD) 4. Ordinance to DECLARE EXCESS City property at Upton Drive near Nimmo Parkway and CONVEY.same to the Hospice House of South Hampton Roads, Inc. 5. Ordinances to GRANT a Nonexclusive Franchise to install, maintain and operate Wireless facilities and communication infrastructure to: a. Mobilitie, LLC b. New Cingular Wireless PCS,LLC 6 Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's waterway known as Bass Inlet- West at 2837 Bluebill Drive DISTRICT 7- PRINCESS ANNE 7. Ordinances to TRANSFER/APPROPRIATE: a. $250,000 from Tourism Investment Program (TIP) to the Department of Convention and Visitor Bureau's Operation Budget re a modified Holiday Lights program b. $ 50,000 for the Community Services Board's Complex Care Program ITEM#2 WILL BE CONSIDERED SEPARATELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#2 ITEM#5a/b WILL BE CONSIDERED SEPARATELY ITEM#7a WILL BE CONSIDERED SEPARATELY COUNCIL LADY ABBOTT WILL VOTE VERBAL NAY ON ITEM#7a COUNCILMAN UHRIN FILED DISCLOSURE LETTER ON ITEM#7a August 15, 2017 47 CITY COUNCIL AGENDA REVIEW SESSION ITEM#67299 (Continued) L. PLANNING 1. REAL INVESTMENT ASSOCIATES, INC., et al Variance to Section 4.4 (b) of the Subdivision Ordinance re lot width at 1337 Reedtown Road DISTRICT 4—BAYSIDE 2. JAMES GRUSZECZKA and MONA AVE & ASSOCIATES I, LLC enlargement of a Nonconforming Use(Duplex)at 40627'"Street DISTRICT 6—BEACH 3. THE ENCLAVE AT PA BC,LLC a. THE ENCLAVE AT PRINCESS ANNE HOMEOWNERS' ASSOCIATION, INC. Modification of Proffers to account for the addition of Phase 2 at the North side of North Landing Road, West of West Neck Road (Approved November 22, 2011) b. ANTHONY B. HUFFMAN, JR. Conditional Change of Zoning from AG-1 and AG-2 Agricultural to PD-112 Planned Unit Development (R-7.5 Residential) to establish Phase 2 at 2754, 2804 and 2808 North Landing Road DISTRICT 7—PRINCESS ANNE 4. MOGUL PROPERTIES, LLC Conditional Change of Zoning from Conditional B-2 Community Business to Conditional B-1A Limited Community Business District at 317 South Witchduck Road DISTRICT 2—KEMPSVILLE 5. BICKFORD OF VIRGINIA BEACH, LLC, LARRY B. SLIPOW, PRINCESS ANNE ROAD INVESTMENTS, LLC, and COURTHOUSE MARKETPLACE STATION, LLC Conditional Change of Zoning from AG-2, 0-2 and Conditional B-2 to Conditional 0-2 Conditional Use Permit re Housing for Seniors and Disabled Persons at 2625 and 2629 Princess Anne Road and 2476 Nimmo Parkway DISTRICT 7—PRINCESS ANNE 6. HOSPICE HOUSE OF SOUTH HAMPTON ROADS, INC. Conditional Use Permit re a Hospice House (Sanitarium) at the East side of Upton Drive, North of Nimmo Parkway DISTRICT 7—PRINCESS ANNE 7. MERMAID WINERY AT THE BEACH,LLC and FOON& BIK WONG Conditional Use Permit re a Craft Winery and Assembly Use at 4401 Shore Drive DISTRICT 4— BAY SIDE 8. MILAGROS MONTESA and BEACH HOLDINGS, LLC Conditional Use Permit re an Auto Repair at 5768 Arrowhead Drive, Unit C DISTRICT 2—KEMPSVILLE MAYOR SESSOMS WILL ABSTAIN ON ITEM#1 ITEM#3a/b WILL BE DEFERRED INDEFINITELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#3a/b August 15, 2017 48 [TEM#67300 Mayor Sessoms 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). • Lynnhaven 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). • Arena Project • Sherwood Lakes/Ashville Park 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 August 15, 2017 49 ITEM#67300 (Continued) Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 5:13 P.M. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss (Closed Session 5:13 P.M. - 6:01 P.M.) August 15, 2017 50 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 15,2017 6:00 P.M. Mayor Sessoms called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday,August 15, 2017, at 6:00 P.M. Council Members Present' Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis K Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss Out of town—Family Vacation Mayor Sessoms read his letter to Mayor Signer, City of Charlottesville, Virginia, that is attached hereto and made a part of the record INVOCATION: Reverend Jeff Elliott, D.Min Pastor, New Covenant Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne Bank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to thoroughly review each City Council agenda to idents any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a 'personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council Mayor Sessoms' letter of January 13, 2015, is hereby made a part of the record. August 15, 2017 51 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 a part of the record. Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict If during her review of an agenda, she identifies a matter in which she has a "personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council Council Lady Wilson's letter of June 2, 2015, is hereby made a part of the record. August 15, 2017 rro A ct u 2.y Cra Bch City of Virginia e t4‘i "'% Vbso. «EL L WILL IAM 0 SESSOMS.JR MUNICIPAL CENTER MAYOR BUILDING I 24 11 COURTHOUSE DRIVE vNeINIA BEACR VA 23456. 3OO :7571385 41,ol August 14, 2017 FAX 757,9955 569999 nx + oemi' The Honorable Mike Signer Mayor City of Charlottesville P. O. Box 911 Charlottesville, VA 22902 Dear Mayor Signer, There are few places in our Commonwealth that represent democracy more than the City of Charlottesville and the campus of the University of Virginia. There are few places that are more tolerant of and committed to defending individuals' rights to free speech. And, there are few places that have historically demonstrated greater resolve in resisting threats to our democracy. The devastating events that occurred in your great city over the weekend are painful reminders that we still have much work to do—as a community, as a state, and as a country—to drive out hatred, bigotry and violence. This one day of unrest does not define your city, but it has set the stage for your city to help define what resilience, leadership and unity look like. You have already begun that process even while you grieve those killed and injured. I commend you, Mayor Signer, for your unequivocal denunciation of the kind of bigotry and violence we saw this past weekend. It might have happened in Charlottesville, but it touches all of us. Please know that the residents in Virginia Beach stand with you and the residents of Charlottesville. United, we will overcome this latest threat to our democracy. Hatred and • bigotry will not be allowed to gain any foothold here. However we can be of service to you in the days and weeks to come, I hope you will call on us to assist. Sincerely, itit am D.Se ms, Jr. Mayor 52 Item—VI-E CERTIFICATION ITEM#67301 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Al Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss August 15, 2017 0 / ' N I 5 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#67300 Page 49 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. d ' •th Hodges F gser,MMC City Clerk August 15, 2017 53 Item-VI-F MINUTES ITEM#67302 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of August 1,2017. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms,Jr., John E. Uhrin and James L. Wood Council Members Absent: John D. Moss Council Members Abstaining: Rosemary Wilson August 15, 2017 54 ADOPT AGENDA FOR FORMAL SESSION ITEM#67303 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION August 15, 2017 55 Item - VI-H.1 MAYOR'S PRESENTATIONS ITEM#67304 PRESENTATION OF KING NEPTUNE XLIV,STACY CUMMINGS and HIS COURT Nancy Creech, President of Neptune Festival William A.Lascara, Neptune Celebration Chair Mayor Sessoms welcomed Celebration Chairman William A. Lascara. Mr. Lascara expressed appreciation, on behalf of the Neptune Festival Organization, for the support the City continues to provide. The Neptune Festival Organization is comprised of over 800 Volunteers. The Festival is the Official Celebration of the City and is one of the top festivals in the Country. The Neptune Festival was established forty four (44) years ago as a means of extending the 'Resort Season" by providing a celebration to lis citizens. The Neptune Festival has evolved into an organization that is now involved with virtually every major charitable organization in the City. Mr. Lascara presented KING NEPTUNE XLIV and HIS COURT: 2017 ROYAL COURT KING NEPTUNE XLIV STACY CUMMINGS Partner, Vice-President and CFO PRIORITY AUTO GROUP and his wife,Lady Aimee TRITONS Jason A. Deans Taylor Franklin T. Richard "Ricky"Frantz Jeffrey A. Hunn Jay Ken slow J.T.McDonald Ramsay S.Smith Mayor Sessoms welcomed the Royal Court. King Cummings thanked the Mayor and City Council for their recognition and stated it is an honor to be presented at City Council. There are a lot of people working very hard to make this Festival one of the best on the East Coast. The Festival has one mission, "to represent the City of Virginia Beach and welcome the hundreds of thousands of locals, vacationers and business leaders, who will fill our hotels, eat in our restaurants, shop in our stores and enjoy our beach and hospitality during the summer-long celebration of our City. " This is the "youngest court" in the history of the Neptune Festival. While young in age, these gentlemen represent the leadership of some of the region's most respected businesses. The Festival hosts a "World Class"Sand Sculpting competition each year which helps make the City the "Greatest City in the World" and none of it would be possible without the leadership and support of the City. August 15, 2017 56 Item- VI-H.I MAYOR'S PRESENTATIONS ITEM#67304 (Continued) Mayor Sessoms wished King Cummings great success during his reign and thanked everyone for their representation. Mayor Sessoms expressed appreciation to the Members of the Neptune Festival. The Mayor and City Council are extremely proud of their accomplishments, applaud their efforts and is confident they will help keep the Festival alive and strong for many years to come. August 15, 2017 57 Item - V7-H.2 MAYOR'S PRESENTATIONS ITEM#67305 GOVERNMENT FINANCE OFFICERS ASSOCIATION(GFOA) Excellence in Financial Planning Patricia Phillips, Director-Finance Mayor Sessoms introduced Patricia Phillips — Director Finance and presented her the "Certificate of Achievement for Excellence in Financial Reporting"for the Comprehensive Annual Financial Report for the Fiscal Year ended June 30, 2016 This Award represents the highest standards in government accounting and financial reporting. Ms. Phillips thanked the Mayor and Members of City Council for their continued commitment to transparency. This is the 36th consecutive annual Certificate of Excellence the City has received. Ms. Phillips acknowledged and thanked her Stafffor all of their hard work and making this award possible. August 15, 2017 58 Item- VI-H.3 MAYOR'S PRESENTATIONS ITEM#67306 UNITED WAY OF HAMPTON ROADS Kurt Hofelich, United Way Board Vice-Chair and President of Sentara Norfolk General Mayor Sessoms introduced and welcomed Kurt Hofelich, United Way Board Vice-Chair and President of Sentara Norfolk General Hospital. Mr. Hofelich presented a Certificate to say "THANK YOU! to the City of Virginia Beach Employees", especially Joe Scott, Michelle Bailey-Pitman and Jane Scott for raising $253,801 in the 2015-2016 Campaign. Over the past five (5)years, the City of Virginia Beach Employees contributed approximately$1.3-Million. Mayor Sessoms accepted the Award and expressed his appreciation to Mr. Hofelich and especially to the City Employees for their generosity to the United Way which serves a vast number of our citizens. August 15, 2017 59 Item - VI-L1 BID OPENING ITEM#67307 Mayor Sessoms advised: BIDS FOR NON-EXCLUSIVE FRANCHISE Pursuant to Virginia Code Section 15.2-2102, Mayor Sessoms summarized the bids that had been • received for a proposed non-exclusive franchise to use and occupy the City's streets and public right-of- way for purpose of constructing, installing and maintaining wireless communications facilities and infrastructure. Three bids were received, as follows: Mobilitie,LLC and New Cinpular Wireless PCS,LLC have each bid: - 10 year franchise term with three options to renew for five(5)years each - $1000 one-time fee for each small cell attachment to a new pole Cellco Partnership d/b/a Verizon Wireless has timely submitted a bid, but did not provide proposed terms for the franchise until this morning. Accordingly, staff is currently reviewing Cellco's proposal and anticipates brining to this Council for public hearing on September 5. Mayor Sessoms asked "Are there any other persons desiring to submit a bid at this time?" There being no further bids, the bidding was closed. City Staff has evaluated the bids received by Mobilitie, LLC and New Cingular Wireless PCS, LLC and recommends that both companies be granted a non-exclusive franchise. City Staff further recommends that the public hearing and vote for Cellco Partnerships d/b/a Verizon Wireless be deferred until September 5, 2017 to give the parties additional time to review Cellco's proposed bid. August 15, 2017 60 Item - VI-ZIa/b PUBLIC HEARINGS ITEM#67308 Mayor Sessoms DECLARED THE PUBLIC HEARINGS: NON-EXCLUSIVE FRANCHISE USE Construct, Install and Maintain the Wireless Communications and Infrastructure a. Mobilitie,LLC b. New Cingular Wireless PCS, LLC The following individuals registered to speak: Barbara Messner expressed concern regarding the dangerous cell towers throughout the City. Ms. Messner also requested if any City Council Member has stock in the Bank who will be financing the project or in the cell companies which have bid. There being no additional speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING August 15, 2017 61 Item - VI-J.2 PUBLIC HEARINGS ITEM#67309 Mayor Sessoms DECLARED THE PUBLIC HEARINGS: DECLARATION and CONVEYANCE OF EXCESS CITY PROPERTY Upton Drive near Nimmo Parkway to the Hospice House of South Hampton Roads, Inc. The following individuals registered to speak: Park Allen, 1056 Sandoval Drive, Phone: 427-2541, expressed concern regarding the undeveloped land between the Hospice and Red Robin and hopes the City does not develop that property in the future. There being no additional speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING August 15, 2017 62 ADD ON RESOLUTION ITEM#67309 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADDED a Resolution to "MAINTAIN a Buffer Vegetation adjacent to the Lake on the property owned by the City of Virginia Beach on Upton Drive adjacent to the proposed Hospice House of South Hampton Roads" Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert Al. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss August 15, 2017 63 Item- VI-11 ORDINANCES/RESOLUTION ITEM#67310 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Agenda Items 1, 3, 4, 6, 7/b and 8(ADD ON) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Al Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss August 15, 2017 64 Item -El-K.1 ORDINANCES/RESOLUTION ITEM#67311 Reid Greenmun expressed his appreciation to City Council for looking at opportunities to reduce taxes in the City, or at least create a level playing field. Mr. Greenmun applauds this effort and hopes Council continues with that trend in the future. Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the Real Estate Tax Levy for FY 2018 to REDUCE the Special Service District(SSD)taxes for Bayville Creek Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss August 15, 2017 1 AN ORDINANCE TO AMEND THE TAX LEVY ON REAL 2 ESTATE FOR FISCAL YEAR 2018 TO REDUCE THE 3 SPECIAL SERVICE DISTRICT LEVY FOR BAYVILLE 4 CREEK 5 6 WHEREAS, the Ordinance levying real estate taxes for FY2018 set the special 7 service district levy for the Bayville Creek SSD (the "SSD") at 56.9 cents per $100 of 8 assessed value; and 9 10 WHEREAS, the City Staff and the members of the SSD discussed various 11 options and cost projections for future dredging in the district; and 12 13 WHEREAS, to reduce the future commitments of the SSD, the City Council could 14 forebear repayment of funds advanced by a reserve in the General Fund in FY12, which 15 would result in a decrease of$182,000 in future commitments of the SSD; and 16 17 WHEREAS, the option supported by SSD members will require the rate to be 18 lowered while maintaining three dredge cycles. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA, THAT: 22 23 1. Section 7.b. of the Ordinance Establishing the Tax Levy on Real Estate for Fiscal 24 Year 2018 is hereby amended to set the levy in Bayville Creek Special Service 25 District at forty seven and two-tenths cents ($0.472) on each one hundred dollars 26 ($100) of assessed value. 27 28 2. The City Council agrees to forebear repayment of the expenses related to the 29 temporary transfer station from the SSD. 30 31 3. The appropriation for the Bayville Creek Special Service District, and SSD levy 32 revenue supporting such appropriation, is hereby reduced by $14,851. 33 34 4. The effective date of this ordinance is July 1, 2017. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 15th day of August , 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: AP' - •' . &S TO LEGAL SUFFICIENCY: iz staannfr Atif K in Chatelli-rD. 'a .., eye: Budget and Management Services • Attorneys Office CA14112 R-2 August 4, 2017 65 Item -VI-K.2 ORDINANCES/RESOLUTION ITEM#67312 The following individuals registered to speak: David Bickford, 5245 Club Head Road, Phone: 286-2255, spoke in SUPPORT. Dennis Lloyd, 494 Paine Lane, Phone: 499-2534, spoke in OPPOSITION Rona Marsh, 4382 Lynnville Crescent, spoke in OPPOSITION. Richard "RK" Kowalewitch, requested this item be DEFERRED and sent back to the Virginia Beach Development Authority. Chris Stone, 218 77th Street, President — Central Business District Association (CBDA), spoke in SUPPORT. Kim Schuler, Chair— Virginia Beach Division of the Hampton Roads Chamber of Commerce, spoke in SUPPORT Michelle Rilee, 3675 Hillbreeze Road, Phone: 805-0605, spoke in OPPOSITION. William Kozlowski, 609 Iris Lane, Phone: 850-454-9669, spoke in OPPOSITION. Reid Greenmun, spoke in OPPOSITION. Pat Cardwell, 725 Bay Colony Drive, Phone: 973-464-7138, spoke in OPPOSITION. Ken Chord, 3536 Clubhouse Road, Phone:Phone: 340-6829, spoke in OPPOSITION. Barbara Messner, P.O. Box 514, spoke in OPPOSITION. Tim Worst, 2556 Entrada Drive, Phone: 353-1555, spoke in OPPOSITION. Diana Howard, 1051 Debaca Court, Phone: 567-9021, spoke in OPPOSITION Marlayne Castelluzo, 5189 Stratford Chase, Phone: 735-1163, spoke in OPPOSITION. Linwood Branch, Virginia Beach Development Authority (VBDA) Member, 720 Winwood Drive, Phone: 777-8331, spoke in SUPPORT. Debbie Pavan, spoke in OPPOSITION. August 15, 2017 66 Item -VI-IL2 ORDINANCES/RESOLUTION ITEM#67312 (Continued) Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance re the Development Agreement for the CityView Two project and AUTHORIZE execution of project documents (Deferred July 18, 2017) Voting: 7-2 Council Members Voting Aye: Al. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John K Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Jessica P.Abbott Robert Al. Dyer Council Members Absent: John D. Moss William D. Sessoms,Jr. August 15, 2017 1 ORDINANCE APPROVING THE DEVELOPMENT 2 AGREEMENT FOR THE CITYVIEW TWO 3 PROJECT AND AUTHORIZING EXECUTION OF 4 PROJECT DOCUMENTS 5 6 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 7 Virginia Beach Development Authority (the "Authority"), the City Manager and City staff 8 have engaged in negotiations with representatives of CityView Two, L.L.C. (the 9 "Developer'), and its affiliates, regarding the development and construction of a mixed- 10 use project in the Town Center area of the City(the "Project"); 11 12 WHEREAS, the proposed Project would be constructed in three phases and 13 would include apartments, a limited service hotel, commercial space and structured 14 parking; 15 16 WHEREAS, the Project would be a further expansion of the City's ongoing Town 17 Center project; 18 19 WHEREAS, on June 21, 2016 City Council and the Authority approved a non- 20 binding Term Sheet dated June 14, 2016 (the "Term Sheet"), which outlined a 21 comprehensive development plan for the Project and directed the development of a 22 Development Agreement and supporting documents; 23 24 WHEREAS, the terms of the Development Agreement are attached hereto as 25 Exhibit A (the "Summary of Terms") and made a part hereof; 26 27 WHEREAS, changes in the terms from the Term Sheet are identified in the 28 Summary of Terms; 29 30 WHEREAS, the obligations of the Authority would include incentive payments to 31 the Developer, with such obligations being subject to appropriation by City Council of 32 funds to the Authority; 33 34 WHEREAS, the City and Authority would enter into a support agreement (the 35 "Support Agreement") to reflect their mutual understandings with respect to the 36 appropriation of funds for the incentive payments; 37 38 WHEREAS, the City Council believes that the Project will stimulate the City's 39 economy, increase public revenues, enhance public amenities and further the City's 40 development objectives at Town Center; and 41 42 WHEREAS, the City Council desires that the Authority approve and execute the 43 Development Agreement and Support Agreement. 44 45 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 46 VIRGINIA BEACH, VIRGINIA: 47 1. The City Council approves the Development Agreement, a summary of 48 which is attached hereto as Exhibit A and incorporated herein. 49 50 2. The City Council requests and recommends that the Authority adopt a 51 resolution consistent with this Ordinance approving the Development Agreement and 52 authorizing its execution. 53 54 3. The City Manager is authorized to execute the Development Agreement 55 and all other documents, including the Support Agreement, necessary to effectuate the 56 transaction contemplated by this Ordinance, so long as such documents are in 57 substantial conformity with the Summary of Terms, attached hereto as Exhibit A, and 58 made a part hereof, and such other terms, conditions or modifications as may be 59 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 60 61 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15thday 62 of August , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney CA14012 nCya.com,DES I Applicationsi,YLaw Prodla)mnL2Wpdoes DOO7P02790,8N56 me 8/3/17 R-1 EXHIBIT A SUMMARY OF TERMS CITYVIEW TWO,L.L.C. Scope of Proposed Project • Phase I: One Structure/ $45.55MM Developer Investment • Mixed-use six-level building with: - 13,000 square feet of office or retail on ground floor. - 221 apartment units on levels 3-6. - 2-level podium parking with 488 spaces. • Phase II: One Structure/$5.0MM Developer Investment • Multi-level commercial building with 24,000 square feet of office space. • 35 +/- surface parking spaces. • Phase III: One Structure/ $10.0MM Developer Investment • Multi-level mixed-use building consisting of a limited service hotel with 110-120 rooms and 4,000-5,000 sq. ft. of office,retail or restaurant space. • 21 +/- surface parking spaces. 2. Developer Obligations • Develop and construct entire Project. • Total estimated private investment: $60.5MM. • Maintain and operate structured parking. • Structured parking: a portion to remain free and open to public, subject to reasonable rules and regulations established by Developer. • Construction of Project to comply with City Council's Small Business Enhancement Program. 3. Authority Obligations • Pay the Developer incentive payments(the incremental real estate taxes paid at the Project), to offset the additional costs associated with the structured parking, for up to 25 years or until the total amount paid equals$10.2 MM, whichever first occurs. • Payments commence after payment of real estate taxes on a completed element of Phase I. • Authority has the right to terminate payments if(i) entire Project is not completed within 72 months of commencement of construction of Phase I, or(ii)construction on the hotel is not commenced within 36 months of completion of Phase I. 4. Thalia Creek Greenway • Developer, or affiliate of Developer, will sell to the City an easement necessary for the construction of the Thalia Creek Greenway over the Project Area and portions of adjacent parcels to the west. • Purchase Price= $300,000. 5. Material Changes From Term Sheet • Phase I- Original Plan: Two structures, including a 7-level parking garage(481 spaces), Apartments(202 units),Office Space(13,500 sq. ft.), Developer investment: $44.4MM. Revised Plan: One structure, including 6 levels,parking spaces(488 spaces), Apartments (221 units), Office or Retail Space(13,000 sq. ft.), Developer investment: $45.55MM. • Phase II - Unchanged. • Phase III- Scope unchanged. Anticipated investment reduced by$2.5MM. • Developer's total anticipated investment reduced from$62MM to $60.55MM. • i¢; z 0 . F a U Fl z 0 a K \ - !i / �. ,1 , -_\ / ��^ 08 �i it � \� _ y'.. te,� — — N N t - r -- -� , #6 . $- ��_ � s I 1 t F 67 Item-VI-K.3 ORDINANCES/RESOLUTION ITEM#67313 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE the Hampton Roads Water Quality Credit Agreement for Chesapeake Bay Restoration with Hampton Roads Sanitation District(HRSD) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss August 15, 2017 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE THE 3 HAMPTON ROADS WATER QUALITY CREDIT 4 AGREEMENT FOR CHESAPEAKE BAY 5 RESTORATION BETWEEN THE CITY OF VIRGINIA 6 BEACH AND THE HAMPTON ROADS SANITATION 7 DISTRICT 8 9 WHEREAS, the Hampton Roads Sanitation District ("HRSD") and the City desire 10 to enter into an Agreement whereby HRSD will agree to provide water quality credits to 11 the City as progress under the City's Municipal Separate Storm Sewer Permit ("MS4"). 12 and associated Total Maximum Daily Load ("TMDL') Action Plan; and 13 14 WHEREAS, the HRSD is working to implement the Sustainable Water Initiative 15 for Tomorrow ("SWIFT"), an innovative water purification program, which will take 16 already-treated wastewater that would otherwise be discharged into the Chesapeake 17 Bay watershed, purifying it through additional rounds of advanced water treatment to 18 meet drinking water standards, and injecting the resulting drinking quality water into the 19 Potomac aquifer deep underground; and 20 21 WHEREAS, HRSD has the authority to discharge certain amounts of total 22 nitrogen, total phosphorus and sediment to the Chesapeake Bay Watershed, as 23 established by the State Water Control Board and the Virginia Department of 24 Environmental Quality ("DEQ"). The SWIFT Project will allow the HRSD to discharge 25 less nutrients and sediment than allowed, providing it with credits from its allocations. 26 HRSD agrees to provide the City with these credits for the second and third MS4 permit 27 terms to meet the City's compliance requirements under the Chesapeake Bay TMDL 28 Action Plan for the City's MS4 Permit. 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA, THAT: 32 33 The City Manager is hereby authorized and directed to execute the Hampton 34 Roads Water Quality Credit Agreement for Chesapeake Bay Restoration between the 35 City and HRSD. The City Manager is also authorized to yearly approve the revisions 36 required A summary of material terms of the MOA is attached hereto and incorporated 37 herein. 38 Adopted by the Council of the City of Virginia Beach, Virginia on the 15thday Of August , 2017 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: `s /// S / Pepe 4 t of Public Works Office of • - ity Attorney CA14105/R-2/July 25, 2017 SUMMARY OF MATERIAL TERMS HAMPTON ROADS WATER QUALITY CREDIT AGREEMENT FOR CHESAPEAKE BAY RESTORATION PARTIES HAMPTON ROADS SANITATION DISTRICT("HRSD") CITY OF VIRGINIA BEACH (the"City") The Cities of Chesapeake,Hampton,Newport News,Norfolk,Poquoson, Suffolk, Williamsburg and Portsmouth and the Counties of York,James City will also sign Agreements with HRSD. PURPOSE To allow HRSD to assist the City in meeting its MS4 Permit and TMDL Action Plan progress goals through the SWIFT program and the use of credits generated thereby for total nitrogen, total phosphorus and total suspended solids. TERMS HRSD shall: 1. Provide the City yearly the quantity of water quality credits needed to meet the City's compliance requirements under the Chesapeake Bay TMDL Action Plan for the second and third MS4 permit terms prior to the implementation of the SWIFT program; 2. Make a determination as to the feasibility of the SWIFT program on or before December 31,2025;and 3. In cooperation with the City, submit any requested documentation to DEQ, and request inclusion of the SWIFT project in the Phase III WIP. The City shall: 1. Determine the total nitrogen, phosphorus and sediment reductions required; 2. Reduce the required reductions by accurate mapping,taking full credit for other reductions and other accounting methods; 3. In cooperation with HRSD, submit any requested documentation to DEQ and collaborate with HRSD to request inclusion of the SWIFT project in the Phase III WIP; and 4. Not transfer the credits to any other entity. 68 Item -VI-K.4 ORDINANCES/RESOLUTION ITEM k67314 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE EXCESS City property at Upton Drive near Nimmo Parkway and CONVEY same to the Hospice House of South Hampton Roads,Inc. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert Al. Dyer, Barbara Al. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John K Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss August 15, 2017 1 AN ORDINANCE DECLARING 2.25+/_ ACRES 2 OF CITY PROPERTY (A PORTION OF GPIN 3 2414-46-1943) LOCATED ON UPTON DRIVE TO 4 BE IN EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO 6 CONVEY THE PROPERTY TO HOSPICE 7 HOUSE OF SOUTH HAMPTON ROADS, INC. 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 10 4.82+/_ acres of land on Upton Drive, which the City acquired in 1985 as a part of the 11 Transportation Safety Improvement Project, CIP 2-024 (the "Property"); 12 13 WHEREAS, Hospice House of South Hampton Roads, Inc. ("Hospice House"), a 14 non-profit 501(c)(3) organization, has developed a proposal to construct and operate a 15 12,000 sq.ft., 12-bed hospice facility on a 2.25+/- acre portion of the Property (the "HH 16 Parcel"); 17 18 WHEREAS, the City Council is of the opinion that development of a hospice 19 facility would be an appropriate use of the HH Parcel; and 20 21 WHEREAS, the City Council finds that the HH Parcel is in excess of the needs of 22 the City of Virginia Beach, and conveyance of the HH Parcel to Hospice House to 23 support the construction of a hospice facility would provide a benefit of the community. 24 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1) That the 2.25+1- acres of City Property located on Upton Drive (a portion of 30 GPIN 2414-46-1943), as shown on Exhibit B attached hereto and made a part hereof, 31 is hereby declared to be in excess of the needs of the City of Virginia Beach; and 32 33 2) That the City Manager is hereby authorized to execute any documents 34 necessary to convey the HH Parcel to Hospice House of South Hampton Roads, Inc. in 35 accordance with the Summary of Terms as shown on Exhibit A and such other terms, 36 conditions or modifications as may be acceptable to the City Manager and in a form 37 deemed satisfactory by the City Attorney. 38 39 This ordinance shall be effective from the date of its adoption and shall expire if 40 the conveyance is not completed by June 5, 2022, unless extended by City Council 41 prior to expiration. 42 43 Requires an affirmative vote by three-fourths (3/4) of all members elected to 44 City Council. 45 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15th day of August , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 PUBLIC WORKS/REAL ESTATE lis -) CITYATTORNEY'S 0 ICE CA13880 R-1 PREPARED: 7/21/2017 2 EXHIBIT A SUMMARY OF TERMS CONVEYANCE OF EXCESS PROPERTY— 2.25+/- AC. ON UPTON DRIVE GRANTOR: City of Virginia Beach (the "City") GRANTEE: Hospice House of South Hampton Roads, Inc. ("Hospice House") PROPERTY: 2.25+/- acres of City property (a portion of GPIN 2414-46- 1943) as shown on Exhibit B located on Upton Drive near the intersection of Nimmo Parkway(the "HH Parcel") CONSIDERATION: To be conveyed on the condition that the property be used as a hospice care facility serving the City of Virginia Beach. CONDITIONS OF CONVEYANCE: • Conveyance of the HH Parcel will be subject to City Council's issuance of a conditional use permit for use as a sanitarium, in accordance with Virginia Beach City Code. • Hospice House will build a 12-bed hospice facility of approximately 12,000 sq. ft., expected to include a family kitchen, chapel, staff lounge, volunteer room, executive and administrative support offices, conference room, and covered and screened porches (the "Facility"). • Hospice House will be responsible for all costs associated with designing, constructing and equipping the Facility. The City will have no financial commitment other than subdivision of the City property to create the HH Parcel for conveyance to Hospice House. • The HH Parcel will be conveyed to Hospice House "as is", and subject to all existing easements and encumbrances of record. • Hospice House will obtain financing and secure an income stream, that, in the opinion of the City, is sufficient to build and maintain the Facility and sustain its hospice program. Hospice House will be responsible for all future operating, maintenance, and replacement costs associated with the HH Parcel and the Facility. • The Property shall be used only for non-profit purposes consistent with the mission of Hospice House. The HH Parcel may not be sold or otherwise conveyed to another entity unless approved by the City. • If Hospice House has not begun construction of the Facility within seven (7) years, the City will have the option of reclaiming the HH Parcel at no cost to the City. ifs\ ...a, _ p ,§3:lg = �, :. 1► r' w ji s r i1ti' n i VI , 1,...: dts i `` -Oil . 11111 U-' } �j � 7.1 o IP illi, • _ _ip H %itgil 0 1011 , . li!ii hIlt) - III II _ 11Ili! 0 .l .: t: . t m • on •'"Ir------' .. . 4,,,..1.... : V 1 ■ (� 0 I I , X 0 I E w ob z IE a Q •1.1..' rG0 41 —' - " Q QO Q HK. x� oJf Xn o J �� • • 1 iYYY i II itip "„��, `- 4. \ ' ' • . ' lied lfl '" v J wQ0 il 11 if il / � m z i w z �l��ti ! z 69 Item -VI-K.5a ORDINANCES/RESOLUTION ITEM#6 7315 The following individual registered to speak: Barbara Messner, spoke in OPPOSITION. Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council ADOPTED, Ordinance to GRANT a Nonexclusive Franchise to install, maintain and operate Wireless facilities and communication infrastructure to: a. Mobililk,LLC Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss August 15, 2017 1 AN ORDINANCE GRANTING A NONEXCLUSIVE 2 FRANCHISE TO INSTALL, MAINTAIN AND OPERATE 3 WIRELESS FACILITIES AND COMMUNICATIONS 4 INFRASTRUCTURE WITHIN THE PUBLIC STREETS AND 5 RIGHTS-OF-WAY OF THE CITY OF VIRGINIA BEACH TO 6 MOBILITIE, LLC 7 8 WHEREAS, Mobilitie, LLC hereinafter ("Mobilitie"), a Nevada limited liability 9 company, is the largest privately-held telecommunications infrastructure company in the 10 United States, with its principal office located at 500 Newport Center Drive, Suite 830, 11 Newport Beach, CA 92660; 12 13 WHEREAS, Mobilitie desires to use and occupy the City's streets and public 14 rights-of-way for the purposes of installing, maintaining, and operating wireless 15 communications infrastructure to enhance the current network facilities for 16 telecommunications services within the City; 17 18 WHEREAS, the City is agreeable to allowing Mobilitie to use the City's public 19 streets and rights-of-way for the aforesaid purposes, subject to the terms and conditions 20 set forth in the summary of terms attached hereto as Exhibit A and made a part hereof 21 (the "Summary of Terms"). 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby authorizes the City Manager to execute a franchise 27 agreement with Mobilitie for an initial term of ten (10) years, with three (3) renewal 28 options of five (5) years each, pursuant to the requirements of Va. Code §56-484.30 29 and in accordance with the Summary of Terms, and such other terms, conditions or 30 modifications, as may be acceptable to the City Manager and in a form deemed 31 satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this 15th day of August , 2017. AAP.. OVED AS TO r •,jr I APPROVED AS TO LEGAL SUFFICIENCY: . _ INFOR "ATION TEC 17OLO'Y CITY ATTORNEY'S 0 ICE CA14007 August 4, 2017 R-1 EXHIBIT A MOBILITIE, LLC WIRELESS TELECOMMUNICATIONS FRANCHISE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and Mobilitie, LLC ("Mobilitie") Term: Initial term of ten (10) years, with three (3) options to renew for a term of five (5) years each. Fee: No fee for co-locations on existing structures; $1,000 fee for installation of small cell on any new pole in the right-of-way. All pole attachments are subject to the applicable permitting fee. Location: Mobilitie will submit an individual application to the Planning Department, Permits & Inspections, for each pole or site attachment. Relocation: Mobilitie is solely responsible for paying cost of removal or relocation of its facilities if necessitated by a public project. Mobilitie must remove facilities upon termination or City may allow facilities to remain in place and take ownership. Installation: Mobilitie is required to return public streets and rights-of-way to at least the same or similar condition existing before such work was performed to reasonable satisfaction of City of Virginia Beach. Insurance: Commercial General Liability (min. $2 Million); Automobile Liability (min. $1 Million); Pollution Liability Insurance ($1 Million). Alternatively, may have $5 Million umbrella coverage Termination: City may terminate the franchise at the end of the initial or any renewal term by giving 90 days' notice; Mobilitie may terminate at any time with 90 days' notice. Surety: $75,000 surety bond 70 Item-VI-K.56 ORDINANCES/RESOLUTION ITEM#67316 The following individual registered to speak: Barbara Messner, spoke in OPPOSITION Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council ADOPTED, Ordinance to GRANT a Nonexclusive Franchise to install, maintain and operate Wireless facilities and communication infrastructure to: b. New Cingular Wireless PCS,LLC Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss August 15, 2017 1 AN ORDINANCE GRANTING A NONEXCLUSIVE 2 FRANCHISE TO INSTALL, MAINTAIN AND OPERATE 3 WIRELESS FACILITIES AND COMMUNICATIONS 4 INFRASTRUCTURE WITHIN THE PUBLIC STREETS AND 5 RIGHTS-OF-WAY OF THE CITY OF VIRGINIA BEACH TO 6 NEW CINGULAR WIRELESS PCS, LLC 7 8 WHEREAS, New Cingular Wireless PCS, LLC, also known as AT&T Wireless 9 hereinafter ("AT&T"), a Delaware limited liability company, with its principal office 10 located at 5565 Glenridge Connector, Suite 1725B, Atlanta, GA 30342; 11 12 WHEREAS, AT&T desires to use and occupy the City's streets and public rights- 13 of-way for the purposes of installing, maintaining, and operating wireless 14 communications infrastructure to enhance the current network facilities for 15 telecommunications services within the City; 16 17 WHEREAS, the City is agreeable to allowing AT&T to use the City's public 18 streets and rights-of-way for the aforesaid purposes, subject to the terms and conditions 19 set forth in the summary of terms attached hereto as Exhibit A and made a part hereof 20 (the "Summary of Terms"). 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby authorizes the City Manager to execute a franchise 26 agreement with AT&T for an initial term of ten (10) years, with three (3) renewal options 27 of five (5) years each, pursuant to the requirements of Va. Code §56-484.30 and in 28 accordance with the Summary of Terms, and such other terms, conditions or 29 modifications, as may be acceptable to the City Manager and in a form deemed 30 satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this 15th of August , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: %b i& INFORMATION TEC OLOGY CITY A ORNEY'S OF E CA14009 August 4, 2017 R-1 EXHIBIT A NEW CINGULAR WIRELESS PCS, LLC WIRELESS TELECOMMUNICATIONS FRANCHISE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and New Cingular Wireless PCS, LLC, also known as AT&T Wireless hereinafter ("AT&T") Term: Initial term of ten (10) years, with three (3) options to renew for a term of five (5) years each. Fee: No fee for co-locations on existing structures; $1,000 fee for installation of small cell on any new pole in the right-of-way. All pole attachments are subject to the applicable permitting fee. Location: AT&T will submit an individual application to the Planning Department, Permits & Inspections, for each pole or site attachment. Relocation: AT&T is solely responsible for paying cost of removal or relocation of its facilities if necessitated by a public project. AT&T must remove facilities upon termination or City may allow facilities to remain in place and take ownership. Installation: AT&T is required to return public streets and rights-of-way to at least the same or similar condition existing before such work was performed to reasonable satisfaction of City of Virginia Beach. Insurance: Commercial General Liability (min. $2 Million); Automobile Liability (min. $1 Million); Pollution Liability Insurance ($1 Million). Alternatively, may have $5 Million umbrella coverage Termination: City may terminate the franchise at the end of the initial or any renewal term by giving 90 days' notice; AT&T may terminate at any time with 90 days' notice. Surety: $75,000 surety bond 71 Item-VI-K.6 ORDINANCES/RESOLUTION ITEM#67317 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's waterway known as Bass Inlet- West at 2837 Bluebill Drive DISTRICT 7-PRINCESS ANNE ITIS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's waterway known as Bass Inlet - West at 2837 Bluebill Drive (GPIN)DISTRICT 7-PRINCESS ANNE The following conditions shall be required: I. It is expressly understood and agreed the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval which are more particularly described as follows: 2. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee: and, that the Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed the Grantee shall indemnify, hold harmless and defend the City, its agents and employees,from and against all claims, damages, losses and expenses, including reasonable Attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. 5. It is further expressly understood and agreed nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any Encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. It is further expressly understood and agreed the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. 7. It is further expressly understood and agreed the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area(the "Permit"). August 15, 2017 72 Item-VI-K.6 ORDINANCES/RESOLUTION ITEM#67317 (Continued) 8. It is further expressly understood and agreed the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than Five-Hundred Thousand Dollars ($500,000.00), per person injured and property damage per incident, combined with the City listed as an additional insured. The company providing the insurance must he registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachments. 9. It is further expressly understood and agreed the Temporary Encroachments must conform to the minimum setback requirements as established by the City. 10. It is further expressly understood and agreed 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 Encroachments 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. 11. It is further expressly understood and agreed the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; 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; 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 Encroachments are allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Fifteenth day of August, Two Thousand Seventeen. August 15, 2017 73 Item-VI-IC6 ORDINANCES/RESOLUTION ITEM#67317 (Continued) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Al. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss August 15, 2017 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY-OWNED 6 WATERWAY KNOWN AS BASS 7 INLET-WEST, LOCATED AT THE 8 REAR OF 2837 BLUEBILL DRIVE 9 10 WHEREAS, Donald W. Marrow and Cindy S. Marrow desire to construct and 11 maintain two finger piers in a L-shape with the piers measuring a maximum of 17' and 12 30', respectively, and a 12' X 12.5' boat lift into a portion of City-owned waterway known 13 as Bass Inlet-West, adjacent to their property located at the rear of 2837 Bluebill Drive, 14 in the City of Virginia Beach, Virginia; and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Donald W. Marrow and 25 Cindy S. Marrow, their heirs, assigns and successors in title are authorized to construct 26 and maintain temporary encroachments for two finger piers in a L-shape with the piers 27 measuring a maximum of 17' and 30', respectively, and a 12' X 12.5' boat lift into a 28 portion of City-owned waterway known as Bass Inlet-West, as shown on the map 29 marked Exhibit "A" and entitled: "ENCROACHMENT REQUEST — EXHIBIT A FOR 30 DONALD AND CINDY MARROW 2837 BLUEBILL DRIVE, VIRGINIA BEACH, 31 VIRGINIA ORIGINAL 06/21/2017 REVISED 07/18/2017", SCALE: 1" = 30, prepared by 32 Barney Environmental, Inc., a copy of which is on file in the Department of Public 33 Works and to which reference is made for a more particular description; and 34 35 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 36 subject to those terms, conditions and criteria contained in the Agreement between the 37 City of Virginia Beach and Donald W. Marrow and Cindy S. Marrow (the "Agreement"), 38 an unexecuted copy of which has been presented to the Council in its agenda, and will 39 be recorded among the records of the Clerk's Office of the Circuit Court of the City of 40 Virginia Beach; 41 42 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 43 hereby authorized to execute the Agreement; and 44 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 45 time as Donald W. Marrow and Cindy S. Marrow and the City Manager or his authorized 46 designee execute the Agreement. 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day 48 Of August 2017. CA14005 PREPARED: 7/26/17 \\vbgov.com\Asi\applications\citylawprod\cycom 32\wpdocs\d021\p025\00386896.doc APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS, REAL ESTATE ,14 \7 DAN: 4H-'RM''grER, NI* CI YATTORNEY �EpLTHop. Note' MLW and MHW along face of bulkhead • O sY C.)� Distance across waterway 105' - U 7 E E •0 R Y Bass Inlet West1' - Flow N Jii..,:Jl,/ '7 On' N W 43' W b -`r/ONAL/&V Existing dock Existing wood L bulkhead Pool Zabana ___.....„....•a . gauss/ bar, s ) I LJ a N/F r�� W,''. N. Roof and Sharon Bartchie U ,Froo• h N N/F 2841 Bluebill Dr z Glenn R.Felthousen 2433-25-7470 (.0Donald ane 2833 Bluebill Dr Inst 20070925001301040 y Cindy Marrow u- 2433-25-7611 2837 Bluebill Drive D.B.4123 PG.91 • 2433-25-7540 Inst'. 20150715000671660 — / Concrete driveway .. d 4 100' S 10' 43' E Property road frontage is 100' Blue bill Drive (50' ROW) BARNEY ENVIRONMENTAL, INC. (757)641-5004 FAX(757)390-4216 ENCROACHMENT REQUEST-EXHIBIT A P.O.BOX 1595 FOR VIRGINIA BEACH,VA 23451 DONALD AND CINDY MARROW W W W.BARNEYENVIRONMENTAL.COM 2837 BLUEBILL DRIVE,VIRGINIA BEACH,VIRGINIA ORIGINAL 06/21/2017 NDI Engineering Company REVISED 07/18/2017 Basgier and Associates Division DATUM: DATE SCALE SHEET BY: 572 Central Drive,Suite 103 MLW F 0.00' 07/18/2017 I"=30' 1 OF 2 JRB Virginia Beach,VA. 23454 Note: MLW and MHW along face of bulkhead ,,�� p Distance across waterway 105' ; V.+E.. ---)- S SITE \ , z iItO o L 1- 7P G ,\ Ill r r ` A C - lic:::: a * \\ N., ..,,,----raj, ,\l x.„......----\ NS°.�Gaffs PI LOCATION MAP ENCROACHMENT REQUEST FOR z DONALD W.&CINDY S. MARROW Legend 2837 BLUEBILL DRIVE 2433-25-7540 City Property Feet O 2433-25-7540 0 100 200 400 Prepared by PW/Eng/Eng Support Semces Bureau 0670,20'7 x rCADD7,Prgects'NiC Ftes,AGENDA I APS81uetall Dr12433-75-7540 Zi -... . . ._ � Yt ;. 2837 Bluebill Drive Encroachment for: Donald W. & Cindy Marrow PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this (to day of , 2017, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a mu icipal corporation of the Commonwealth of Virginia, Grantor, "City", and DONALD W. MARROW and CINDY S. MARROW, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 37", as shown on that certain plat entitled: "SUBDIVISION OF PARCEL "A" PLAT OF SANDBRIDGE SHORES, SECTION 1A SOUTH, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA" dated September 29, 1968, prepared by P. L. SMITH, C.L.S. VIRGINIA BEACH, VA., and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 77, at page 56, and being further designated, known, and described as 2837 Bluebill Drive, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain two finger piers in a L-shape with the piers measuring a maximum of 17' and 30', respectively, and a 12' x 12.5 boat lift, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GPIN: 2433-33-0267-0000; (CITY PROPERTY KNOWN AS BASS INLET - WEST) 2433-25-7540-0000; (2837 Bluebill Drive) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of City-owned waterway known as Bass Inlet-West, located at the rear of 2837 Bluebill Drive, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT REQUEST — EXHIBIT A FOR DONALD AND CINDY MARROW 2837 BLUEBILL DRIVE, VIRGINIA BEACH, VIRGINIA ORIGINAL 06/21/2017 REVISED -- 07/18/2017", SCALE: 1" = 30 prepared by BARNEY ENVIRONMENTAL, INC., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location, or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined with the City listed as an additional insured. The company providing the insurance must 3 be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the 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 Encroachments 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 Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars 4 ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Donald W. Marrow and Cindy S. Marrow, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2017, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2017, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 Donald W. Marrow, Owner By L/ 1 Cindy S. Marrow, Owner STATE OF Vin.in CITY/COUNTY 6° Slz. rr( , to-wit: The foregoing instrument was acknowledged before me thisa6(.4 day of )ut7 , 2017, by Donald W. Marrow. /J ✓ / qui!% u l� d LJ— (SEAL) Notary Public CRISCGO'q� P .�yV PU4� �O � Notary Registration Number: -75oo6GI tit o•, r My Commission Expires: ,o -3l-to i11 °• co un96, r,; CO; 7Ep06; '. ��'O�vin HGF STATE OF VI"q,,;� CITY/COUNTY Of 5 Fa , to-wit: The foregoing instrument was acknowledged before me this a6 ix day of 1n . 2017, by Cindy S. Marrow. (.2L').4 G.A.: (L; r."---(SEAL) Notary Public ,,,,,,. Notary Registration Number: .7 ooGG1 • ,6CRIse ,,,, , :4p' 6(�'..O • My Commission Expires: I c-31 -2,0 i 9 z:o MY ° : c • CONUMBERN : < C>: e 7 O• 7600661 ,f yo 'EAU A& APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATURE • I - 1 ! . • -. r"M R, SENI' - CITY ATTORNEY \0041k11 DEPARTMENT 8 4QJLTHopk 'To S Note' MLW and MMI-11./ along face of bulkhead • ).1 Distance across waterway 105' USW a „ELE • R 5 Bass Inlet West Flow \ a ,� 7Z��7 v 00' N 10. 43' W c�s�ONAL1 Existing dock Existing wood-- bulkhead Pool labana housg bar as 3 • w 4 ' N/F �� Florida , Roof and Sharon Barlchie ub \ ��-�`+�. P N/F 2841 BIuebill Dr room ` z Glenn A Felthousen 2433-25-7470 Donald antl 2833 BIuebill Dr lost: 20070925001301040 m Cindy Marrow a 2433-25-7611 2837 BIuebill Drive — D.B.4123 PG.91 [ 2433-25-7540 Inst: 20150715000671660 J / Concrete � / P driveway \ 100 S 10' 43' E Property road frontage is 100' BIuebill Drive (50' ROW) BARNEY ENVIRONMENTAL, INC. ENCROACHMENT REQUEST-EXHIBIT A (757)641-5004 FAX(757)390-4216 P.O.BOX 1595 FOR VIRGINIA BEACH,VA 23051 DONALD AND CINDY MARROW W W W,BARNEYENVIRONMENTAL,COM 2837 BLUEBILL DRIVE,VIRGINIA BEACH,VIRGINIA NDI Engineering Company ORIGINAL 06/21/2017 B $ om any REVISED 07/18/2017 Basgier and Associates Division DATUM: DATE SCALE SHEET BY: 572 Central Drive,Suite 103 MLW=0.00' 07/182017 I"=30' 1 Of 2 IRB Virginia Beach,VA.23454 Notes MLW and MHW ( long face of bulkhead Distance across waterway 105' want Q Encroachment on City of Virginia Beach property = 352 square f - • FG O Bass Inlet West I41. � owN Ebb G, li 1 8' piles on pier (typ) Proposed TONAL finger piers Approx 25X distance across waterway (2625' from MHW nt bulkhead) t, Proposed boatlift 5 _ .' . '17' 10' piles on boatlift (typ) 12. e Proposed 6'X18' 100' N 10' 43' W\12' in floating dock 1 ^ . ` Proposed 2' 7, 11' Existing, . extension �—� _ i(1ru k _ L Jet ski lir ts on / (Proposed IPool existing piles 3 4x12 gangway Cabana. /. house w Tie Down Distances bar e j HOT To o56,m IT I 526 2 841 n 3 i 02.6 • I 73.3 a Z N 4 2 86.4 I ,''. o 3 92.4 a Yw.- N/F �� Roof and Sharon Bartchie ire ?WE2841 Bluebill Dr r Glenn R.Felthousen 2433-25-7470 Donald and Cindy Marrow 2833 Bluebill Dr Inst 20070925001301040 2433-25-7611 a 2837 Biuebill Drive D.B.4123 PG.91 2433-25-7540 Inst: 20150715000671660�� Concrete df BARNEY ENVIRONMENTAL, INC. ENCROACHMENT REQUEST-EXHIBITA (757)641-5004 FAX(757)390-4216 P.O.BOX 1595 FOR VIRGINIA BEACH,VA 23451 DONALD AND CINDY MARROW WWW.BARNEYENVIRONMENTALCOM 2837 BLUEBILL DRIVE,VIRGINIA BEACH,VIRGINIA Engineering Services Provided By: ORIGINAL 06/21/2017 NDI Engineering Company REVISED 07/I 8/2017 Basgier and Associates Division DATUM: DATE SCALE SHEET BY: 572 Central Drive.Suite 103 MLW—0.00' 07/18/2017 I"=30' 2 OF 2 1RB Virginia Beach,VA.23454 74 Item -VI-K.7a ORDINANCES/RESOLUTION ITEM#67318 The following individuals registered to speak: Reid Greenman, spoke in OPPOSITION. Barbara Messner, spoke in OPPOSITION. Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council ADOPTED, Ordinance to TRANSFER/APPROPRIATE: a. 2250,000 from Tourism Investment Program (TIP) to the Department of Convention and Visitor Bureau's Operation Budget re a modified Holiday Lights program Voting: 9-1 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Jessica P. Abbott Council Members Absent: John D. Moss **COUNCILMAN UHRIN FILED DISCLOSURE LETTER August 15, 2017 1 AN ORDINANCE TO TRANSFER APPROPRIATIONS 2 FROM THE TOURISM INVESTMENT PROGRAM (TIP) 3 FUND RESERVE FOR CONTINGENCIES TO THE 4 DEPARTMENT OF CONVENTION AND VISITOR s BUREAU'S OPERATING BUDGET 6 7 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $250,000 is transferred from the FY 2017-18 Tourism Investment Program 11 Reserve for Contingencies to the Department of Convention and Visitor Bureau's FY 12 2017-18 Operating Budget for the purpose of implementing a modified Holiday Lights 13 program. 14 15 16 Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of 17 August 2017. 18 19 Requires an affirmative vote by a majority of all the members of City Council. 20 21 22 Approved as to Content: Approved as to Legal Sufficiency: 23 24 n 25 :BGA 10?-1-A2N4 26 Budget and Management Services City Attorne ffice -ILoCity of Vir ixzia 13eac1-i jr cc om JOHN E.UHNIN PHONE 4757)2009005 COUNCILMAN-DISTRICT s-BEACH JunnwUvacovcom Refer to File No. 0061163 August 15, 2017 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(1-1) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on an Ordinance to Transfer Appropriations from the Tourism Investment Program (TIP) Fund Reserve for Contingencies to the Department of Convention & Visitors Bureau's Operating Budget for the Holiday Lights Program. 2. The Holiday Lights Program could potentially impact demand for hotel rooms in the Resort Area. 3. I am an employee of Burlage Management Corporation, which is located at 801 Atlantic Avenue in Virginia Beach. Burlage Management Corporation owns hotels in the Resort Area. 4. I am a member of a business, profession or occupation, namely Resort Area hoteliers. To the extent the approval of this transaction may affect the business of hotels in the Resort Area, all members of this profession may be affected by the transaction. 215 ATLANTIC AVENUE, VIRGINIA BEACH, VIRGINIA 23451 Mrs. Ruth Hodges Fraser -2- August 15, 2017 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) 5. I have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2- 3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, A 6/ q Jo it . Uhrin I. cilmember JEU/RRI 75 Item-VI-K.76 ORDINANCES/RESOLUTION ITEM#67319 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE: b. $ 50,000 for the Community Services Board's Complex Care Program Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss August 15. 2017 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE 2 RESERVED FOR THE COMMUNITY SERVICES BOARD 3 TO ESTABLISH A COMPLEX CARE PROGRAM 4 5 WHEREAS, included in the City's fund balance is a reservation for the 6 Community Services Board (CSB) and this reservation includes $50,000 of state funds 7 from one or more previous fiscal years or funds reserved for CSB by previous City 8 policy; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA THAT: 12 13 $50,000 in General Fund balance reserved for Community Service Board 14 activities is hereby appropriated, with specific fund reserve revenue increased 15 accordingly, to the FY17-18 Operating Budget of the Department of Human Services 16 Department to serve individuals who are at risk of recurring hospitalization, 17 homelessness, or incarceration due to the acuity of symptoms and level of functional 18 disability, have been unsuccessful with lower levels of housing, and may be at-risk in 19 the community without intensive 24-hour support. Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of August 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J- </(-(,„ ( -9 atom evin Chatellier i. a - :r -yer Budget & Management Services City Attorneys Office CA14111 R-2 August 4, 2017 76 Item-VI-K.8(ADD ON) ORDINANCES/RESOLUTION ITEM#67320 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to MAINTAIN a Buffer of vegetation adjacent to the lake on the property owned by the City on Upton Drive adjacent to the proposed Hospice House of South Hampton Roads Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John K Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss August 15, 2017 Requested by Councilmember Henley 1 A RESOLUTION TO MAINTAIN A BUFFER OF 2 VEGETATION ADJACENT TO THE LAKE ON THE 3 PROPERTY OWNED BY THE CITY OF VIRGINIA 4 BEACH ON UPTON DRIVE ADJACENT TO THE 5 PROPOSED HOSPICE HOUSE OF SOUTH 6 HAMPTON ROADS 7 8 WHEREAS, the City of Virginia Beach is contemplating the sale of property on 9 Upton Drive to the Hospice House of South Hampton Roads ("Hospice House"); and 10 11 WHEREAS, the property to be acquired by Hospice House is to be created by 12 the subdivision of a larger parcel of property owned by the City and the remaining 13 adjacent property ("Adjacent Parcel") will be available for sale after the subdivision; and 14 15 WHEREAS, City Council supports the efforts of all citizens and the City to 16 maintain vegetated buffers adjacent to waterways to improve water quality, minimize 17 erosion and provide aesthetic benefits; and 18 19 WHEREAS, the City, at the request of the adjacent residential neighborhood has 20 planted and maintains live oak trees on the Adjacent Parcel and desires this buffer of 21 live oak trees to continue to be maintained even after the potential sale of the Adjacent 22 Parcel. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA, THAT: 26 27 It is the desire of City Council that the buffer of live oaks on the Adjacent Parcel 28 be maintained and replaced by the City while the property is owned by the City and to 29 insure that the buffer is maintained when and if the property is sold to any other entity 30 for any purpose. 31 15th Adopted by the City Council of the City of Virginia Beach, Virginia, this day of August , 2017. APPROVED AS TO LEGAL SUFFICIENCY: . 1111JJJJ�� I)LLareNVv Office of thy Attorney CA14120 1J R-2/August 11, 2017 77 Item—VI-L PLANNING ITEM#67321 1. REAL INVESTMENT ASSOCIATES, INC. et al VARIANCE 2. JAMES GRUSZECKA and MONA AVE& ENLARGEMENT OF A ASSOCIATES I,LLC NONCONFORMING USE 3. THE ENCLAVE AT PA BC,LLC MODIFICATION OF PROFFERS AND CONDITIONAL CHANGE OF ZONING 4. MOGUL PROPERTIES,LLC CONDITIONAL CHANGE OF ZONING 5. BICKFORD OF VIRGINIA BEACH,LLC CONDITIONAL CHANGE OF ZONING AND CONDITIONAL USE PERMIT 6. HOSPICE HOUSE OF SOUTH HAMPTON CONDITIONAL USE PERMIT ROADS,INC. 7. MERMAID WINERY AT THE BEACH,LLC CONDITIONAL USE PERMIT 8. MILAGROS MONTESA CONDITIONAL USE PERMIT MAYOR SESSOMS WILL ABSTAIN ON ITEM#1 ITEM#3a/6 WILL BE DEFERRED INDEFINITELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#3a/6 August 15, 2017 78 Item-VI-L PLANNING ITEM#67322 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Items I(MAYOR ABSTAIN),2,3a/b(DEFERRED INDEFINITELY/MAYOR ABSTAIN), 4, 5, 6, 7 and 8 of the PLANNING AGENDA Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara Al Henley, Vice Mayor Louis K Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss August 15, 2017 79 Item—VI-L.l PLANNING ITEM#67323 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of REAL INVESTMENT ASSOCIATES, INC, et al for a Variance to Section 4.4 (b) of the Subdivision Ordinance re lot width at 1337 Reedtown Road DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of REAL INVESTMENT ASSOCIATES, INC, et al for a Variance to Section 4.4 (b) of the Subdivision Ordinance re lot width at 1337 Reedtown Road (GPIN 1488881351)DISTRICT 4—BAYSIDE The following conditions shall be required: I. When the property is subdivided, it shall be in substantial conformance with the layout depicted on the Plat, entitled "PRELIMINARY EXHIBIT FOR RESUBDIVISION OF PROPERTY OF DALA CORPORATION (D. B. 3405, PG. 875) VIRGINIA BEACH VIRGINIA," prepared by WPL, dated April 10, 2017, with no more than two (2)parcels -Lot A and Lot B. Said Plat has been exhibited to the Virginia Beach City Council and is on file in the Planning Department and Community Development. 2. When Lot A and Lot B are developed, the dwelling for Lot A, when constructed, shall substantially adhere in appearance and size to the submitted elevation entitled A4 OBH-200 Model "B and, the dwelling for Lot B, when constructed, shall substantially adhere in appearance and size to the submitted elevation entitled A5 OBH-200 Model "B", prepared by Ocean Bay Homes. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 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, Fifteenth day of August, Two Thousand Seventeen. Voting. 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara Al. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss Council Members Abstaining: Mayor William D. Sessoms, Jr. August 15, 2017 > 0 \ & n 41, t _ 0 % I---:2 (3 ) " 0U ,--------- La .___ N1 • ? ( Le5ii, (.2 ,.....--„, ,, / 1 , • N I re Ail CP ... \ : .:. i •. .4-•••,__ , ,i, 444 --1----_.„ /71.19;' 7NN\NNN l'i --- md. t 0 la NIA) 0 11414,J A 44 ;;411.1 eitill4i10161162,11111§;117/SS 1.14.„ ,I•441P (4 altp.N.71/i/I&No; /i '' / * '1 'IR% •-- in 11)• ce 7- _ 21ar /• Nip 11111ft / • -- i,,i -----------'-' ID ------- ' -- ,J--. ._, GVNV''B C p49 f-, r City of Virginia Beach Cr, 9 Rs pE t.wOH !, Vtlgov.com WILLIAM D.SESSOMS.JR. MUNICIPAL CENTER MAYORBUILDING1 2401 COURTHOUSE DRIVE VIRGINIA BEACH.VA 23455.9000 (757)385-4581 FAX(757)385-5099 wsessoms®vbgonom In Reply Refer to 0061164 August 15, 2017 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach,Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Real Investment Associates, Inc. for a subdivision variance for land located at 1337 Reedtown Road. 2. The applicant has disclosed that TowneBank is a financial services provider with respect to this transaction. 3. 1 have a personal interest in TowneBank, which is located at 600 22"d Street in Virginia Beach, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. iSincerely,�Nely William D. a soros Mayor WDS/RRI 80 Item—V1-L.2 PLANNING ITEM#67324 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of JAMES GRUSZECZKA and MONA AVE&ASSOCIATES I,LLC for an enlargement of a Nonconforming Use(Duplex)at 406 27'h Street DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA Ordinance upon application of JAMES GRUSZECZKA and MONA AVE & ASSOCIATES I, LLC for an enlargement of a Nonconforming Use (Duplex) at 406 271" Street (GPIN 2418909472)DISTRICT 6—BEACH The following conditions shall be required: L With the exception of any modifications required by any of these Conditions, the expansion of the building shall be in substantial conformance with the submitted Layout, entitled "PROPOSED RENOVATION & ADDITION, 406 27TH STREET", prepared by Walter Parker. Said Plan has been exhibited to the Virginia Beach City Council and is on file with the Planning and Community Development Department 2. The design, size and materials of the addition shall be substantially in conformance with the submitted Elevation exhibits, entitled 'PROPOSED RENOVATION & ADDITION, 406 27TH STREET", prepared by Walter Parker. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Planning and Community Development Department. This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Fifteenth day of August, Two Thousand Seventeen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Al. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss August 15, 2017 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 406 27TH STREET 4 5 WHEREAS, Mona Ave & Associates 1, LLC and James Gruszeczka, (hereinafter 6 the "Applicants") have made application to the City Council for authorization to enlarge a 7 nonconforming use located at 406 27th Street in the R-5S (Old Beach Overlay) 8 Residential Zoning District by enlargement of a duplex located on the parcel; and 9 10 WHEREAS, the parcel contains a duplex dwelling, which is not a permitted use in 11 the R-5S Zoning District, but was built prior to the adoption of the applicable zoning 12 regulation and is therefore nonconforming; and 13 14 WHEREAS, the Applicants want to enlarge the nonconforming duplex by 15 approximately one hundred and thirty six (136) square feet; and 16 17 WHEREAS, the Planning Commission of the City of Virginia Beach 18 recommended approval of this application on July 12, 2017; and 19 20 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 21 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 22 City Council authorizing such action upon a finding that the proposed use, as enlarged, 23 will be equally appropriate or more appropriate to the zoning district than is the existing 24 use. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the City Council hereby finds that the proposed use, as enlarged, will be 30 equally appropriate to the district as is the existing nonconforming use under the 31 conditions of approval set forth herein below. 32 33 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 34 BEACH, VIRGINIA: 35 36 That the enlargement of the nonconforming use is hereby authorized, upon the 37 following conditions: 38 39 1. With the exception of any modifications required by any of these 40 conditions, the expansion of the building shall be in substantial 41 conformance with the submitted layout entitled "PROPOSED 42 RENOVATION & ADDITION, 406 27TH STREET", prepared by Walter 43 Parker. Said plan has been exhibited to the Virginia Beach City 44 Council and is on file with the Planning & Community Development 45 Department. 46 47 2. The design, size and materials of the building shall be substantially in 48 conformance with the submitted elevation exhibits entitled 49 "PROPOSED RENOVATION AND ADDITION, 406 27TH STREET", 50 prepared by Walter Parker. Said elevations have been exhibited to the 51 Virginia Beach City Council and are on file with the Planning & 52 Community Development Department. 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day of August , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: L14:)ASI _ rry Fran nfield B. Kay Wilson Planning partment City Attorney's Office CA14093 R-2 June 28, 2017 2 V f. cip \ \ 1 \\\ , 1 1-"-T.,_,. NI 1 pool I. III II .iii ., ' ,II ' \ 14 f ' L - . Wt:t .. 5 11 . - i \ .. .. .. . . ii .....V \\ ' • . I. 1 1 1 Q `—,3l ti II - kt \___ _ ' ' I , '% 1, �, 11 _lam a 11 t 1t , , ` 1 1, ., y �, 11 ' 'I ..I II 1 i ,c; ,.. ,'.. -'..�^" 1141i, 1 i, _ - - t _ y ��- ' '1, , 11, 1'1 �1 '1, ,1 ; '1 1,1 I , I ‘ c4 11 1 I I ' ' 'I ., I I '' 1 II ' ''� II 11Nob,hh, ,' 1 ill III ', `' •'I 'I t y � II Cle lit S,` .. I I\ ti \\\\ _ . by 10 10 i. ti1, -\\\\ -\� 1 CI 4- •I ` �1\tc.-.1\ - - X11 �,N ., ,..,._,k , -' 1.0 .71:1511)'lost __ . . • -t, .. l ,11 I.1\ 1 ,� yl , '.1\ � 11 5 ' ''II; '; ; r '1 ',l ti -, `5' 11 J '1 t .i I. '''1 ,� 'I '1, l 111 1 I, ., ' \\ 5 y ti 1 1 I. 1 ''s: \N\... y I \:-.... '' I, ' `t I ' � 1 I 1, It \ • 1 I lit \\.. ' . ' ' ' ' •. \,,,\ %. ' II II 11 . I 1II 1 1 I 1 \\\ i ' ` ti • I \' \ \ ,- \\V ‘ ,\'',' \ I 1 1. 0.k _ . . ) :,„:,....,.. \ „, .•_\ ii I .\ 1I, ti '1 , 81 Item—VI-L.3a/b PLANNING ITEM#67325 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, BY CONSENT: Ordinance upon application of THE ENCLAVE AT PA BC,LLC a. THE ENCLAVE AT PRINCESS ANNE HOMEOWNERS' ASSOCIATION, INC., for a Modification of Proffers to account for the addition of Phase 2 at the North side of North Landing Road, West of West Neck Road(Approved November 22, 2011) b. ANTHONY B. HUFFMAN, JR.,for a Conditional Change of Zoning from AG-1 and AG-2 Agricultural to PD-H2 Planned Unit Development (R-7.5 Residential) to establish Phase 2 at 2754, 2804 and 2808 North Landing Road DISTRICT 7—PRINCESS ANNE Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert Al. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss Council Members Abstaining: Mayor William D. Sessoms,Jr. August 15, 2017 a ti q, "a- 2 i \, 5 City of Virginia Beach kA- 05' City RA oUq NM1B� ''" VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING I 2401 COURTHOUSE DRIVE In Reply Refer to 0061160 VIRGINIA BEACH,VA 234569000 (M7)385-4551 FAX I757I 385.5699 August 15, 2017 wsessoms@vegovcom Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Enclave at PA BC, LLC, Enclave at Princess Anne HOA, Inc., and Anthony Huffman, Jr. for a conditional change of zoning and a modification of proffers for property located on the north side of North Landing Road, 2,700 feet west of West Neck Road. 2. The applicant has disclosed that TowneBank is a financial services provider with respect to property that is the subject of this transaction. 3. I have a personal interest in TowneBank, which is located at 600 22s 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, ,ti/ jot., William D. Sessoms Mayor WDS/RRI 82 Item—VI-L.4 PLANNING ITEM#67326 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, AS PROFFERED, BY CONSENT: Ordinance upon application of MOGUL PROPERTIES, LLC for a Conditional Change ofZoninp from Conditional B-2 Community Business to Conditional B-IA Limited Community Business District at 317 South Witchduck Road DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MOGUL PROPERTIES, LLC for a Conditional Change of Zoning from Conditional B-2 Community Business to Conditional B-IA Limited Community Business District at 317 South Witchduck Road (GPIN 1467706098)DISTRICT 2—KEMPSVILLE The following condition shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Fifteenth day of August, Two Thousand Seventeen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss August 15, 2017 PAL �L s CITY OF VIRGINIA BEACH _ INTER-OFFICE CORRESPONDENCE Or Cup soo" In Reply Refer To Our File No. DF-9824 DATE: August 4, 2017 TO: Mark D. Stiles` , DEPT: City Attorney FROM: B. Kay Wilsoop DEPT: City Attorney RE: Conditional Zoning Application; Mogul Properties, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 15, 2017. I have reviewed the subject proffer agreement, dated May 1, 2017 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 MOGUL PROPERTIES, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 1't day of May, 2017, by and between MOGUL PROPERTIES, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Kempsville District of the City of Virginia Beach, containing approximately 0.839 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the"Property"; and WHEREAS, the party of 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 Conditional B-2 Community Business District to Conditional B-iA Limited Community Business 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 the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and GPIN: 1467-70-6098-0000 PREPARED BY: S B Sl'k'6S.BOI;RIXIN, Prepared by: A' I AulII N&I f 'y..IT. R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,Y.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 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 with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, 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 pa)qi o for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: The Property is developed with the "Carraway House" substantially shown on that "PHYSICAL SURVEY OF PARCEL DESIGNATED AS 'VIRGINIA CARRAWAY HICKS' (AS SHOWN IN M.B. 14o, PG. t) VIRGINIA BEACH, VIRGINIA FOR JAMES E. OWENS & VIRGINIA L. OWENS", prepared by Rood & Smith, P.C. Land Surveyors, dated 07/01/06, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Physical Survey"). 2. The Property may be used for those uses (permitted or with an approved Conditional Use Permit) as allowed in the B-IA Zoning District under the Grantee's C.Z.O., with the following exceptions, which are not permitted: (a) Animal pounds, shelters or commercial kennels; (b) Building Mounted Antennas; (c) Colleges and Universities, public or private; (d) Communications Towers; (e) Grocery Stores, Carry-Out Food Stores and Convenience Stores; PREPARED BY. (f) Liquor Stores; or I SYIES. POI'RDOA. (g) Mini-Warehouses. 1KL AIIE7lN K Mt P.C. 2 All outdoor lighting shall be shielded, deflected, shaded and focused to 3 B S direct light down onto the premises and away from adjoining property. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-1A District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the 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 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, PREPARED BY: 5 B &YI(EC. ROCRnKN. including the authority (a) to order, in writing, that any noncompliance with such ASL ,\114171c&LEVY.V conditions be remedied; and (b) to bring legal action or suit to insure compliance with 3 • • 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 City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY. S'B SYU S. POURDON. AL ANLI?N& IVY.II 4 WITNESS the following signature and seal: Grantor: Mogul Properties, LLC, a Virginia_}} limited liability company By: a / ,a44 %1 (SEAL) Laura B. Wenslaff, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this rt day of May, 2017, by Laura B. Wenslaff, President of Mogul Properties, LLC, a Virginia limited liability company, Grantor. Not 1/ 7 y Public My Commission Expires: August 31, 2018 A R k Notary Registration Number: 192628 f kitilt. • .1111 LIVP7;\ PfEPARED BY. SGB SYL'Ls. POI TIMON. 1 L AIILRN R lR'Y.Rt 5 EXHIBIT "A" All that certain lot, and parcel of land, with the buildings and improvements thereon, situated in the Borough of Kempsville, in the City of Virginia Beach, Virginia, containing 0.839 acre, and commonly known as 317 S. Witchduck Road, and bounded on the North and East by the lands formerly belonging to Dr. Baxter; on the South by the main road now known as S. Witchduck Road; and on the West by the lands of Mr. Thomas Edmonds, as shown on a physical survey made by Lee S. Rood, P.C., which said survey is dated march 12, 198o, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 140, at Page 1; Save and Except that parcel previously dedicated to the City of Virginia Beach, Virginia, as follows: All that certain lot, tract or parcel of land, together with the improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia, designated and described as: "AREA OF PARCEL TO BE DEDICATED, AREA = 1792.39 SQUARE FEET (0.041 acres)" as shown on that certain plat entitled: "PLAT OF PROPERTY TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA, FROM C. N. SWANNER, SR., ET UX, C. N. SWANNER, JR., ET UX, AND RAYMOND E. HIGHSMITH, ET UX — SCALE: 1" = 20' JULY 1, 198o, LEE S. ROOD, P.C., LAND SURVEYOR, NORFOLK, VIRGINIA", a copy of which is attached to and made a part of a certain deed of dedication dated August 25, 1980, by and between Clarence N. Swanner, Sr. and Dorothy A. Swanner, husband and wife, Clarence E. Swanner, Jr. and Chris W. Swanner, husband and wife, and Ray E. Highsmith and Linda D. Highsmith, husband and wife, and the City of Virginia Beach, a municipal corporation in the Commonwealth of Virginia. GPIN: 1467-70-6098-0000 H:\AM\Conditional Rezoning\Mogul Properties\Proffer Agreement.doc PREPARED BY R SYKES.BOURDON. I. ABERN&LPW.P.0 6 \ , .\__\,__________.\ L r L-_r l y �__ 0 r c_____. --- i-F:s\ \\CI\ 1 f --1 I C-'-'-'-\-\--\ --i i Li 0Ica ,.___:, \ i ' i r;)i 71 \----- "Ft i 0 II r---- __ _ ---__) io -------_______ -------\ ill I co 1 n I \-.--___3 ..A 1 \_ \ 1 22) L____1 Ca \_,-- . .1= / 0 ?. ____ -\ \ • :: -----i r \ • I A1 \,,,7 f L - • ItCF1C7�UCk:'Ro;�dd __. ‘ In r'` 414.likr..._7 rf H-1 -_,Ilk_____ 1'� i • 1 • _ : - 7.1 r . -• -I- 1 l r i too_ 'is CI if ip,...„.....„...\ T 70 �� k \ ' -„, it. c) c-"Ct0 "f1 83 Item—VI-L.5 PLANNING ITEM#67327 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, AS PROFFERED and CONDITIONED, BY CONSENT: Ordinance upon application of BICKFORD OF VIRGINIA BEACH, LLC, LARRY B. SLIPOW, PRINCESS ANNE ROAD INVESTMENTS, LLC, and COURTHOUSE MARKETPLACE STATION, LLC for a Conditional Change of Zoning from AG- 2, 0-2 and Conditional B-2 to Conditional 0-2 and a Conditional Use Permit re Housing for Seniors and Disabled Persons at 2625 and 2629 Princess Anne Road and 2476 Nimmo Parkway DISTRICT 7— PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BICKFORD OF VIRGINIA BEACH,LLC, LARRY B. SLIPOW,PRINCESS ANNE ROAD INVESTMENTS,LLC, and COURTHOUSE MARKETPLACE STATION,LLCfar a Conditional Change of Zoning from AG-2, 0-2 and Conditional B-2 to Conditional 0-2 and a Conditional Use Permit re Housing for Seniors and Disabled Persons at 2625 and 2629 Princess Anne Road and 2476 Nimmo Parkway (GPINs 1494644297, 1494646109, portion of 1494633417) DISTRICT 7—PRINCESS ANNE The following condition shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. The following conditions shall be required 1. When the property is resubdivided, a one (l)'hot no ingress/egress easement along Princess Anne Road shall be recorded on the Plat. 2. The proposed monument sign shall be as substantially depicted on the submitted freestanding sign exhibit. Said sign shall not be internally lit and be no taller than eight (8)feet as measured from the ground to the top of the sign. 3. A Landscape Plan shall be submitted during the Site Plan review process reflective of the plant material depicted on the submitted Landscape Plan. Said Plan shall be approved prior to final Site Plan approval. 4. The generator depicted on the Concept Plan referenced in Proffer 1, shall be screened by plant material from the private drive along the property's southern boundary line. 5. Prior to occupancy, the applicant shall obtain a Certificate of Occupancy. 6. Prior to the issuance of a Certificate of Occupancy, the existing driveway aprons along Princess Anne Road shall be removed and all right-of-way work shall be completed as required by the Department of Traffic Engineering. 7. The applicant shall obtain and maintain all applicable licenses required by the Virginia Department of Social Services for operation of the proposed facility August 15, 2017 84 Item—VI-L.5 PLANNING ITEM#67327 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Fifteenth day of August, Two Thousand Seventeen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss August 15, 2017 ,Gu.11A B4OyL g 1StCITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-9881 DATE: August 4, 2017 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilso DEPT: City Attorney RE: Conditional Zoning Application; Bickford of Virginia Beach, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 15, 2017. I have reviewed the subject proffer agreement, dated February 27, 2017 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 Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 AGREEMENT THIS AGREEMENT (this "Agreement"), made this Q,'1 day of .re.,lorttaxk 2017, by and between BICKFORD OF VIRGINIA BEACH, LLC, a Kansas limited liability company ("Bickford", to be indexed as grantor); PRINCESS ANNE ROAD INVESTMENTS, LLC, a Virginia limited liability company ("Princess Anne", to be indexed as grantor); LARRY B. SLIPOW, an Individual ("Slipow", to be indexed as grantor); COURTHOUSE MARKETPLACE STATION LLC, a Delaware limited liability company ("Courthouse Marketplace", to be indexed as grantor) (Bickford, Princess Anne, Slipow, and Courthouse Marketplace hereinafter referred to collectively as the "Grantors") 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, Princess Anne is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN No. 1494-64-4297-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference(the "Princess Anne Parcel"); and WHEREAS, Slipow is the current owner of that certain parcel located in the City of Virginia Beach. Virginia, identified by GPIN No. 1494-64-6109-0000, as more particularly described in Exhibit B attached hereto and incorporated herein by reference (the "Slipow Parcel"); and WHEREAS, Courthouse Marketplace is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified as a portion of GPIN No. 1494-63-3417-0000, and more particularly described in Exhibit C attached hereto and incorporated herein by reference (the "Courthouse Marketplace Parcel") (for purposes of clarification and the avoidance of doubt, the Courthouse Marketplace Parcel includes only the land described in Exhibit C, and the balance of GPIN No. 1494-63-3417-0000 is not part of the Courthouse Marketplace Parcel or the Property, and is not subject to this Agreement); and WHEREAS, the Princess Anne Parcel, the Slipow Parcel, and the Courthouse Marketplace Parcel are collectively referred to herein as the "Property'; and WHEREAS, Bickford is the contract purchaser of the Property; and WHEREAS, the Grantors have 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 AG-2, 0-2, and B-2 to Conditional 0-2; and GPIN No. 1494-64-4297-0000; 1494-64-6109-0000; 1494-63-3417-0000 30455150vI WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional 0-2 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing 0-2 zoning district by the existing City's Zoning Ordinance (CZO), 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 new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby 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 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 Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 30455150v1 2 1. When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Exhibit Bickford of Virginia Beach", dated February 24, 2017, and prepared by Bowman Consulting (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The architectural style and quality of materials used for the assisted living facility to be constructed on the Property, when constructed, will be in substantial conformity with the exhibit entitled"Bickford of Virginia Beach", and prepared by Kazmaier& Associates, LLC (the "Exterior Elevations") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. When developed, the assisted living facility located on the Property shall contain a maximum of sixty (60) residential units. 4. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 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 Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, 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 Grantors 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 Grantors and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 30455150vI 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: BICKFORD OF VIRGINIA BEACH, LLC, a Kansas limited liability company: By: /J�(� Title ////°71��'//�� STATE/COMMONWEALTH OF I{C7 ACQo CITY/COUNTY OF S kr.S on ,to-wit: The foregoing instrument was sworn to and acknowledged before me this a7 day of re bra,a.ry, 2017, by TYo e b , on behalf of Bickford of Virginia Beach, beC. He/she is either peps ally known to me or has produced as identification. Witness my hand and official stamp or seal this 21 day of Fe 2017. jI otary Pubtic (SEAL) My Commission Expires: - 17- 19 DEBBY GAGN0N Notary Public.Stated Kansas Registration Number: My Appolnlment Expires 30455150v1 4 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: PRINCESS ANNE ROAD INVESTMENTS, LLC,a Virginia limited liability company By: Title r STATE/COMMONWEALTHq/Ma 7OF y„y,,,,,o l CITY/COUNTY OF ✓ tnA ,to-wit: The foregoing instrument was sworn to and acknowledged before me this ,tr4day of 4bwamy . 2017, by Luny3. y/,y.w , on behalf of Princess Anne Road Investments, LLC. He/she is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this 271'x+day of Say , 2017. � lM. g� Notary Public_ !'i (Syy4LJ((o`. COMMISSION i 0 . NUMBER ‹C - My Commission Expires: =2 191366 .'2C Registration Number: /9/3 30455150v1 5 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTT,OR�: Larry B. SlipOw STATE/COMMONWEALTH OF yl,,,bto CITY/COUNTY OF 16 RyydiA7ktAe4 ,to-wit: The foregoing instrument was sworn to and acknowledged before me this .t1day of caeyA,¢y , 2017, by Larry B. Slipow. He is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this.10 day of Car/Amt.,\`‘‘.- \l�- • gNN M. syr'' /YI yJ:�PpZY PV6/Ty i Notary MV t . Notary Public = ' c '�> N i n 191913ER366 .'. My Commission Expires: 1�aP�d" ',, 700C o` ",F4'n1;�i . " Registration Number: /9/36f. 30455150v1 6 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: COURTHOUSE MARKETPLACE STATION LLC, a Delawaare`e Ii ed liability company By: hi l• r :'tom. ,Vice P•-sid- obert F.Myers STATE OF OHIO ) COUNTY OF HAMILTON ) Robert F.Myers The foregoing ins nt was sworn to and acknowledged before me this 15TH day of June, 2017, by , Vice President of Courthouse Marketplace Station LLC, a Delaware limited liability company, on behalf of the limited liability company, who is personally known to me. Witness my hand and official stamp or seal this 151H day of June, 2017. / i Notary Public ....\ IOtia7: BARBARA HOOD ,. al>a Notary Public.Stale of pip �'• My Commission Expires 1 0 1lidrO�x August 2,2018 30455150v} 7 Exhibit A Princess Anne Parcel ALL THAT certain lot, piece or parcel of land, situate, lying and being in the Seaboard Magisterial District, City of Virginia Beach (formerly Princess Anne County), Virginia, on the southwesterly side of the road leading from Princess Anne Courthouse to Kempsville and more particularly described as follows: BEGINNING at a point on the southwesterly side of said road at the dividing line between the property of king and the property herein conveyed; thence in a westerly direction along the southwesterly side of said road one hundred fifty (150) feet more or less to the property of Godwin; thence in a southerly direction along Godwin's line six hundred (600) feet more or less to the property of Kea; thence in an easterly direction along Kea's line one hundred fifty (150) feet more or less to the property of King; thence in a northerly direction long King's line six hundred (600) feet more or less to the southerly side of the road, the point of beginning, containing two (2) acres, more or less. 30455150v1 8 Exhibit B Slipow Parcel ALL of that certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, near Princess Anne Courthouse, fronting on the highway leading from Princess Anne Courthouse to Kempsville, shown and designated on a plat made by A Bamforth, Surveyor, January. 25, 1950, for W. M. Poff, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 27 at page 50, and according to said plat as follows: BEGINNING at an iron pipe in the southern line of the right-of-way of the State Highway leading from Princess Anne Courthouse to- Kempsville in the center of a ditch separating the property herewith conveyed from the property of J. W. Hicks, and from said point, running along the center line of said ditch. South 30° 22' West, 596.28' to an iron pipe in the center line of another ditch separating the property herewith conveyed from the property of J. W. Hicks; thence along the, center line of the last mentioned ditch, North 39° 16' West, 130.8' to an iron pipe in the center line of another ditch; thence along tits center line of the last mentioned ditch, North 30° 17' East, 581.75' to an iron pipe in the Southern line of the right-of-way of the aforementioned highway; thence along the edge of the right-of-way of the aforementioned highway. South 45° 35' East, 127' to the Point of Beginning; said tract of land containing 1.63 acres, more or less, but is conveyed in gross and not by the acre. 30455150v1 9 Exhibit C Courthouse Marketplace Parcel COMMENCING AT AN IRON ROD LYING AT THE SOUTHWESTERN CORNER OF A PARCEL NOW OR FORMERLY IN THE NAME OF LARRY B. SLIPOW, GPIN 1494-64- 6109 AS RECORDED IN DEED BOOK 2570 AT PAGE 227 AMONG THE LAND RECORDS OF THE CITY OF VIRGINIA BEACH, AND LYING ON THE NORTHWESTERN SIDE OF A PRIVATE ACCESS ROAD, BEING 490.52 FEET SOUTHWEST OF PRINCESS ANN ROAD, STATE ROUTE 165, SOUTHERN RIGHT OF WAY TO THE POINT OF BEGININNING; THENCE LEAVING SAID PRIVATE ACCESS ROAD IN A NORTHWESTERLY DIRECTION RUNNING ALONG THE SOUTHERN LINE OF SAID PARCEL NOW OR FORMERLY IN THE NAME OF LARRY B. SLIPOW, GPIN 1494-64-6109, N 45°41'02" W 130.53 FEET TO AN IRON PIPE WITH 2 IRON RODS INSIDE; THENCE N 44°45'24" W 41.11 FEET TO AN IRON ROD; THENCE DEPARTING SAID SOUTHERN LINE OF SAID PARCEL NOW OR FORMERLY IN THE NAME OF LARRY B. SLIPOW, GPIN 1494-64-6109 IN A SOUTHERLY DIRECTION, RUNNING WITH THE EASTERN LINE OF LANDS NOW OR FORMERLY IN THE NAME OF THE CITY OF VIRGINIA BEACH, GPIN 1494-64-3090 AS RECORDED IN INSTRUMENT NUMBER 200501010001356 AMONG THE LAND RECORDS OF THE CITY OF VIRGINIA BEACH, S 38°48'15" W 77.57 FEET TO A POINT; THENCE RUNNING EASTERLY S 53°52'11" E 132.98 FEET TO A POINT; THENCE N 73°47'14" E 66.18 FEET TO THE POINT OF BEGINNING, CONTAINING 10,064 SQUARE FEET OR 0.2310 ACRES OF LAND. 30455150x1 10 Vl / \/. \Cpc2. i N N t;I'44W / > MA 6 NN G/a COz t°00 * ,,f I- Vif 110 N 0 1 G1 ..16 i r / N 0 47 tp�� , vf., 6,:rk ,st:4 . .-,_. 0 i zi 4 : 1 b �QON ag, N p3 0 7 >//1 1t-` 4..‘, I \ No '' \44, N4*, '• : 1 -%.„,,,....... `� , . 1 * a i -......_..... ,, N 14,4 l a" 1 �1,41/ N 1 W C \ ilite.\1111111h16, > O 0 N /o •o X OA I 0 o 1 o 4 N 1 1 * j N 85 Item—VI-L.6 PLANNING ITEM#67328 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of HOSPICE HOUSE OF SOUTH HAMPTON ROADS, INC.,for a Conditional Use Permit re a Hospice House (Sanitarium) at the East side of Upton Drive, North of Nimmo Parkway DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HOSPICE HOUSE OF SOUTH HAMPTON ROADS, INC.,for a Conditional Use Permit re a Hospice House (Sanitarium) at the East side of Upton Drive, North of Nimmo Parkway (GPIN 2414461943) DISTRICT 7— PRINCESS ANNE The following conditions shall be required.' 1. The site shall be substantially developed as shown on the submitted Plan, titled "Conceptual Site Layout & Landscape Plan of South Hampton Roads Hospice House,"prepared by MSA, P.C., dated December 7, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The design of the building shall be substantially as shown on the submitted building elevations, titled "Proposed Elevations, South Hampton Roads Hospice House," prepared by Cox, Kliewer & Company, P.C., dated December 5, 2016, as well as the rendering titled the same but dated February 10, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. Collection of trash from the dumpster shall not occur between the hours of 7:00 PM and 7:00 AM 4. Any exterior lighting on the building or installed on the site shall be mounted and shielded to prevent any spillover of illumination onto adjacent residential properties to the north and west. 5. The southern access on Upton Drive shall be right-in/right-out only. 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, Fifteenth day of August, Two Thousand Seventeen. Voting' 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss August 15, 2017 1 ...;--‹ ' l', \• .. •=7:-• ''• t ' i , • 4I. C ''.-, '',:s • .;•:-, 0 i., ,- 4--...'''•-- ..., t. ...,....-- ,e.. 0 Itml. ( 1 ,, ., . .... 1!,, (\,.,..,....\„......... 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LVe ---j • / I e .... . 1-):__.__ ,,, ••• -,.. • .,„."---,,.. r ,.. ,.. „..,, i• _ I ; I ;,) -I I<. ----- 1-•-, .' 7 -'' U11)1 *92. r-\ '-.Z/ . . L t , Iz' l': / I pkiL.------- ----Irbmw '-•-.__7 ,•:.• -!••- •!. ,` N. W; •' ,.." i I i i ,._.... II --.7 -..--__ 2 -....____ ..• . . . • • • • --_. .. ..--2 / /--'tZ I / r.%``-- -'-;'N•s - '... ... . .. • .,.. i ..-.-"r • •••• ,e , .. .i c....J.4„, ii / .4,....\\ -•-.... .....• .._ •. ----_- 86 Item—VI-L.7 PLANNING ITEM#67329 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of MERMAID WINERY AT THE BEACH, LLC and FOON & BIK WONG for a Conditional Use Permit re a Craft Winery and Assembly Use at 4401 Shore Drive DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MERMAID WINERY AT THE BEACH, LLC and FOON& BIK WONG for a Conditional Use Permit re a Craft Winery and Assembly Use at 4401 Shore Drive(GP1N 1479778573)DISTRICT 4—BAYSIDE The following conditions shall be required: I. With the exception of any modifications required by any of these Conditions, the site shall be developed and maintained in conformance with the submitted Site Layout Plan. Said Plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. With the exception of any modifications required by any of these Conditions, the site shall be developed and maintained in conformance with the submitted site renderings. Said renderings have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 3. A Landscape Plan shall be submitted that reflects the plant material listed in the Shore Drive Design Guidelines and placement depicted on the submitted Landscape Exhibit. Said Plan shall be submitted for review and approval by the Development Services Center Landscape Architect. 4. Consistent with the Shore Drive Design Guidelines, the building façade shall be a neutral or earth tone color. No primary color shall be permitted. 5. The occupancy load for the Craft Winery shall be established by the City Building Official's Office. 6. A Certificate of Occupancy shall be obtained prior to operation of the Craft Winery. 7. Any Conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as Conditions with this Conditional Use Permit. 8. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 AM 9. Live music may be performed only inside the establishment and all doors and windows shall remain closed during such performances, except during the actual ingress and egress of patrons and employees. August 15, 2017 87 Item—VI-L.7 PLANNING ITEM#67329 (Continued) 10. All signage onsite shall meet the requirements of the City Zoning Ordinance (CZO). There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows or on the doors. A separate Sign Permit from the Planning Department shall be required for the installation of any signage. 11. All minimum parking requirements and aisle widths, as specified in Section 203 of the Zoning Ordinance, shall be met at all times for any operating uses located on the subject site. 12. HRSD approval shall he obtained prior to any discharge of sewage. 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, Fifteenth day of August, Two Thousand Seventeen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss August 15, 2017 , _ v r t� t \ � ‘ '�, tit ti \ 24. i coxi -4 J \ \ c 0 tf_,\ \ \ 0 \ i\o c-,1 " 1 — ---- \ \ \ \_____-_- \0 0 = ..... * "\ iStek 7-. ."'- c3\ ty\ \ ,---- ,..\\ „, ti { v 0 it)e 1,\\\13o \o,,\ .4 , ,, \ \ co ----) " (- . , \ \ It) C-;) 1-11 I: I\ \ .--\ C\ ::_mi'-- ” 1 CO \� til 01d 9,---y--tis-cTh ) ,---. L 0 \ 1 J ------001L ..• .j " J \ C12 0 I \ 73 X� err \\\\ . 411 rfliL) \ Cl L 'N o \\ . \ .vi vi., ,_, \ \\ \ \ 7) . ii,, \ . NN_______,,_ ,-------- XI \ • v 4'1 -,I, \. } 88 Item—VI-L.8 PLANNING ITEM#67330 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of MILAGROS MONTESA and BEACH HOLDINGS,LLC,for a Conditional Use Permit re an Auto Repair at 5768 Arrowhead Drive, Unit C DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MILAGROS MONTESA and BEACH HOLDINGS, LLC,for a Conditional Use Permit re an Auto Repair at 5768 Arrowhead Drive, Unit C (GPM 1467031723)DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. All vehicle repairs shall take place inside the building. 2. No outside storage of equipment,parts, tires or materials shall be permitted. 3. There shall be no outside storage or display of tires. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this Condition require storage, then such vehicles shall be stored within the building. 5. All parking space requirements by the City Zoning Ordinance (CZO) must be marked by painted striping, including handicap spaces, in accordance with the Americans with Disabilities Act(ADA). 6. Any building signage shall meet the requirements of the City Zoning Ordinance (CZO). A separate Sign Permit shall be obtained from the Planning Department for the installation of any signage. No "box signs"shall be permitted on the building This Ordinance shall be effective in accordance with Section 107W)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Fifteenth day of August, Two Thousand Seventeen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Al. Benjamin Davenport, Robert M. Dyer, Barbara Al. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss August 15, 2017 -----;71)61-1 k--__________ 17-Th r------ \, i . / ___,, i N L . / ) r--_,_ * , T. , ~-� z 1 L-. ---7--------______ i IM/ / ,' / i Oi / r------___:----D I -- r-i, 44 Nthe, —m. — ---- J Iv /. 6,ia?1:L—. .—,,,,,_ . NI:7N / I/ Go iiii.,„„", _ ___. . , , / --- 7 — ki\l„ / ".7 0 1r co _ ----k r I________,j / 47 -__ q 6 // i .,,, f__,I 1 ily C7il /I c = , di >---_1 r~----- ! -`c'd ante r tiC -____Z____ --__Jrn , w / / („„,_., : C-----______ -4f)-- 1' 0 - ...' 1;14; / 7 ' W----,,„ a. --. ,_----.;--- r;' ,1 ---i /HI:, I / itil .--__Eir---,, -iril ft-(g) / I 89 ITEM VI-M APPOINTMENTS ITEM#67331 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: AGRICULTURE ADVISORY COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION PARKS and RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS HOUSING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION August 15, 2017 90 ITEM VI-M APPOINTMENTS ITEM#67332 Upon NOMINATION by Council Lady Wilson, City Council APPOINTED: ELLEN ELLIS BRAD RAMSEY Three year term 09/01/2017—08/31/2020 COMMUNITY ORGANIZATION GRANT Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John K Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss Mayor William D. Sessoms,Jr. August 15, 2017 91 ITEM VI-M APPOINTMENTS ITEM#67333 Upon NOMINATION by Council Lady Wilson, City Council REAPPOINTED: DAVID BERND Four year term 09/01/2017—08/31/2021 DEVELOPMENT AUTHORITY Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John K Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss Mayor William D. Sessoms,Jr. August 15, 2017 92 ITEM VI-M APPOINTMENTS ITEM#67334 Upon NOMINATION by Council Lady Wilson, City Council APPOINTED: DR. VIRGINIA K. "GINGER"JENKOT PANKTI BAROT NICK DINOMMO Three year term 08/15/2017—03/31/2020 HUMAN RIGHTS COMMISSION Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara Al, Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss Mayor William D. Sessoms,Jr. August 15, 2017 93 ITEM VI-M APPOINTMENTS ITEM#67335 Upon NOMINATION by Council Lady Wilson, City Council APPOINTED: GREG M.NOSAL CAPTAIN CHARLES STUPPARD,Ph.d Five year term 08/15/2017—02/28/2022 MILITARY ECONOMIC ADVISORY COMMITTEE(MEDAC) Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss Mayor William D. Sessoms, Jr. August 15, 2017 94 ITEM VI-M APPOINTMENTS ITEM#67336 Upon NOMINATION by Council Lady Wilson, City Council APPOINTED: SHANNON DS KANE Two year term 08/01/2017—06/30/2019 Oppinc. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, Al. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss Mayor William D. Sessoms, Jr. August 15, 2017 95 ITEM VI-M APPOINTMENTS ITEM#67337 Upon NOMINATION by Council Lady Wilson, City Council REAPPOINTED: LEONARD JOHNSON Five year term 10/01/2017—09/30/2022 WETLANDS BOARD Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss Mayor William D.Sessoms, Jr. August15, 2017 96 Item—VI-P ADJOURNMENT ITEM#67338 Vice Mayor Louis R.Jones DECLARED the City Council Meeting ADJOURNED at 7:44 P.M. A -arida F ey-Barnes, MMC Louis R. Jones hiefDeputy City Clerk Vice Mayor R. h Hodges raser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia August 15, 2017