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09-04-2018 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL G1IA g1"4 MAYOR LOUIS R.JONES,Bayside-District 4 4t p, c$ s .s VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 6`;4.* JESSICA P.ABBOTT,Kempsville-District 2 / - M.BENJAMIN DAVENPORT,At Large (-47 ; ROBERT M.DYER,Centerville-District I • , • BARBARA M.HENLEY,Princess Anne-District 7 " SHANNON DS KANE,Rose Hall-District 3 `+. JOHN D.MOSS,At Large 4-,° 'I.' JOHN E. UHRIN,Beach-District 6 ROSEMARY WILSON,At-Large CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS September 4, 2018 E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES p MAYOR LOUIS R. JONES PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 2:30 PM A. SHORT TERM RENTAL DISCUSSION City Council II. CITY MANAGER'S BRIEFING A. 2019 DRAFT LEGISLATIVE AGENDA Robert Matthias, Assistant to the City Manager for Government Affairs III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER—Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. INVOCATION: Chaplin Steve Gray Virginia Beach Police Department, First Precinct C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSION August 21, 2018 2. SPECIAL FORMAL SESSION August 28, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. RESOLUTION Virginia Wesleyan University Softball Brandon Elliott, Coach I. PUBLIC HEARINGS 1. ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT 3600 Block of Charity Neck Road and 1700 Block of Pleasant Ridge Road 2. POLLING PLACE CHANGES a. Redwing Precinct to Seatack Elementary School b. Trantwood Precinct to Trantwood Elementary School J. ORDINANCES/RESOLUTIONS 1. Resolution to AUTHORIZE a contract between the Virginia Beach Community Services Board and the Commonwealth of Virginia 2. Ordinances to AMEND the City Code: a. Section 7-66 re designation of City highways for golf cart operation in Ashville Park and Chesapeake Bay—East of Northampton Boulevard b. Section 10-1 re Polling Location Changes for Redwing Precinct to Seatack Elementary School and Trantwood Precinct to Trantwood Elementary School c. Section 21-230 re designation of Mediterranean Avenue between Virginia Beach Boulevard and Norfolk Avenue to the Traffic Calming Ordinance 3. Ordinance to EXTEND the date to satisfy the conditions re closing a portion of Euclid Road adjacent to 5073 Virginia Beach Boulevard 4. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) Easement from Robert W. White, Jr. et al. (113.07+/- acres) at the 3600 Block of Charity Neck Road and 1700 Block of Pleasant Ridge Road 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Croatan Beach at the rear of 536 South Atlantic Avenue re construct and maintain timber beach access 6. Ordinance to ESTABLISH Capital Improvement Program (CIP)re EMS Headquarters Audio Visual Upgrades and TRANSFER $250,000 from the Housing Resource Center CIP (Deferred from August 21, 2018) 7. Ordinance to TRANSFER $167,166 from the Housing Resource Center CIP to the Various Buildings Rehabilitation and Renewal IV CIP re electrical upgrades to the Farmers Market (Deferred from August 21, 2018) 8. Ordinance to ACCEPT and APPROPRIATE additional $12,460 Grant Funds re Victim Witness Program in the Commonwealth Attorney's Office 9. Ordinance to APPROPRIATE $200,000 of Fund Balance from the Sheriff's Office Special Revenue Fund to the Sheriff's FY 2018-2019 Operating Budget re replacement of kitchen equipment K. APPOINTMENTS BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS—ELECTRICAL DIVISION COMMUNITY ORGANIZATION GRANT (COG) AND ALLOCATION REVIEW COMMITTEE COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE PERSONNEL BOARD PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************* ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *************************** 9/4/18 rrw MAYOR LOUIS R.JONES PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 2:30 PM A. SHORT TERM RENTAL DISCUSSION City Council II. CITY MANAGER'S BRIEFING A. 2019 DRAFT LEGISLATIVE AGENDA Robert Matthias, Assistant to the City Manager for Government Affairs III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER—Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. INVOCATION: Chaplin Steve Gray Virginia Beach Police Department, First Precinct C. PLEDGE OF.ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSION August 21, 2018 2. SPECIAL FORMAL SESSION August 28, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. RESOLUTION Virginia Wesleyan University Softball Brandon Elliott, Coach G1N1ABE4C a ti OF DOR Nemo RESOLUTION WHEREAS: Virginia Wesleyan University,founded in Virginia Beach, is Virginia Beach's oldest higher education institution. Virginia Wesleyan University is the only Virginia Beach based institution bringing NCAA National Championships to the city, having won the 2006 Men's Basketball Championship, the 2017 and 2018 Softball Championship.In 2016,Evan Cox won the NCAA individual golf championship; WHEREAS: The Virginia Wesleyan University softball team claimed its second NCAA Division III National Championship in 2018. Only three other softball teams in DIII history have taken home back-to- back National Championships. The team boasted a record of 55-3,setting a NCAA Division III record for wins in a season,breaking their 54 win record from the year before; WHEREAS: The team consisted of eight All-Conference members, three All-Region members and a pair of All-America recipients. Senior Cassetty Howerin was named a First Team All-American for the third time in her career as well as the VaSID State Player of the Year as her 136 walks set the NCAA record for career bases-on-balls. Sophomore pitcher Hanna Hull was named the NCAA Division III Player of the Year for the second-straight season as she led the nation in both strikeouts and victories; WHEREAS: Finishing his II`"year as head coach,Brandon Elliott currently holds a record of 408-103, putting his winning percentage among the top-4 in all of NCAA Division III. Tabbed as the Old Dominion Athletic Conference (ODAC)and VaSID Coach of the Year, Elliott and his staff were named the 2018 National Coaching Staff of the Year as well.Elliott has produced nine ODAC Pitchers of the Year and six ODAC Players of the Year;and WHEREAS: The National Fastpitch Coaches Association ranked Virginia Wesleyan No. 1 through the entirety of the season and the team has not relinquished that position for 21-straight weeks, dating back to midway through the 2017 season. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pauses in its deliberations this Fourth day of September 2018, to recognize these STAR athletes and coaches for their talent; skill, tenacity and leadership on the sports field that will assist throughout their life in becoming professional leaders of tomorrow. BE IT FURTHER RESOLVED: That all four hundred andffty thousand citizens in the "Greatest City in the World"join us in declaring: SEPTEMBER FOURTH, TWO THOUSAND EIGHTEEN "VIRGINIA WESLEYAN UNIVERSITY SOFTBALL TEAM"DAY Council Lady Jessica cP.A66ott Councilman 1?p6ert At. Bo6'Dyer Councilman AL Benjamin Davenport Council Lady Barbara Ai.7Cenley Councilman John(D.Aioss Council Lady Shannon(DS Kane Councilman John E.Vhrin Council-Lady Wosematy Wilson 47tce AfayorJames L.Wood AlayorLouis it Jones I. PUBLIC HEARINGS 1. ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT 3600 Block of Charity Neck Road and 1700 Block of Pleasant Ridge Road 2. POLLING PLACE CHANGES a. Redwing Precinct to Seatack Elementary School b. Trantwood Precinct to Trantwood Elementary School rSQ'GHm y+, (V L =J Le. k r NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISfTION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach, Virginia,will hold a public hearing with respect to the execution and delivery of Installment Purchase Agreement for the acquisition of an agricultural land preservation easement with respect to 113.07 acres of land located in the 3600 block of Charity Neck Road and in the 1700 block of Pleasant Ridge Road, in the City of Virginia Beach, Virginia,pursuant to Ordinance No.95- 2319, as amended, known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City designated to (a) promote and encourage the preservation of farmland, (b)preserve open spaces and the area's rural character, (c) conserve and protect environmentally sensitive resources, (d)reduce and defer the need for major infrastructure improvements and the expenditure of public funds for such improvements, and (e) assist in shaping the character, direction and timing of community development. Such easement will be purchased pursuant to an Installment Purchase Agreement for an estimated maximum purchase price of $1,036,132. The City's obligation to pay the purchase price under the Installment Purchase Agreement is a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The public hearing, which may be continued or adjourned, will be held by the City Council on September 4,2018,at 6:00 p.m. in the City Council Chamber located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in this matter may appear and be heard. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON: 08/19/18 and 08/26/18 �oS blit . r 7 c4b J ltL° ;.:::1' PROPOSED ORDINANCE TO CHANGE THE POLLING LOCATIONS FOR THE REDWING AND TRANTWOOD PRECINCTS The City Council of Virginia Beach, Virginia at its formal session on September 4,2018 at 6:00 PM will conduct a public hearing upon an ordinance to change the polling places for the Redwing and Trantwood Precincts. The public hearing will be held at the City Council chamber in City Hall. If adopted, the new polling location for the Redwing Precinct would be Seatack Elementary School and the new polling location for the Trantwood Precinct would be Trantwood Elementary School. A copy of the aforesaid ordinance and related map(s) may be inspected in the Voter Registrar's Office, which is located at 2449 Princess Anne Road, Municipal Center, Building 14, Virginia Beach, Virginia,23456. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing Impaired, call 711 (Virginia Relay-Telephone Device for the Deaf). All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Beacon: August 26 and September 2,2018 J. ORDINANCES/RESOLUTIONS 1. Resolution to AUTHORIZE a contract between the Virginia Beach Community Services Board and the Commonwealth of Virginia 2. Ordinances to AMEND the City Code: a. Section 7-66 re designation of City highways for golf cart operation in Ashville Park and Chesapeake Bay—East of Northampton Boulevard b. Section 10-1 re Polling Location Changes for Redwing Precinct to Seatack Elementary School and Trantwood Precinct to Trantwood Elementary School c. Section 21-230 re designation of Mediterranean Avenue between Virginia Beach Boulevard and Norfolk Avenue to the Traffic Calming Ordinance 3. Ordinance to EXTEND the date to satisfy the conditions re closing a portion of Euclid Road adjacent to 5073 Virginia Beach Boulevard 4. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) Easement from Robert W. White, Jr. et al. (113.07+/- acres) at the 3600 Block of Charity Neck Road and 1700 Block of Pleasant Ridge Road 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Croatan Beach at the rear of 536 South Atlantic Avenue re construct and maintain timber beach access 6. Ordinance to ESTABLISH Capital Improvement Program (CIP) re EMS Headquarters Audio Visual Upgrades and TRANSFER $250,000 from the Housing Resource Center CIP (Deferred from August 21, 2018) 7. Ordinance to TRANSFER $167,166 from the Housing Resource Center CIP to the Various Buildings Rehabilitation and Renewal IV CIP re electrical upgrades to the Farmers Market (Deferred from August 21, 2018) 8. Ordinance to ACCEPT and APPROPRIATE additional $12,460 Grant Funds re Victim Witness Program in the Commonwealth Attorney's Office 9. Ordinance to APPROPRIATE $200,000 of Fund Balance from the Sheriff's Office Special Revenue Fund to the Sheriff's FY 2018-2019 Operating Budget re replacement of kitchen equipment C tc;4-.� }' �I i.61Ti CITY OF VIRGINIA BEACH �_ AGENDA ITEM J ITEM: A Resolution Approving a Contract between the Virginia Beach Community Services Board and the State MEETING DATE: September 4, 2018 • Background: Annually, the Commonwealth of Virginia, through its Department of Behavioral Health and Developmental Services (DBHDS), provides funding for mental health, developmental, and substance abuse services through a performance contract with local Community Services Boards (CSB) and Behavioral Health Authorities. This contract requires localities to match a minimum of 10% of the total amount of State and local funds (Code of Virginia § 37.2-509). The contract specifies the services to be provided by the CSB and the costs of those services; includes all revenues used to support the services; lists state and federal statutory and regulatory requirements applicable to the CSB; and contains outcome and performance measures for the CSB. • Considerations: Pursuant to Code of Virginia § 37.2-508, the contract provides a substantial amount of funding needed to maintain important CSB services. This funding has previously been appropriated in the FY 2018-19 Operating Budget of the Human Services Department. The funding sources supporting the $60,701 ,762 contract consist of the following: $25,237,681 in fee revenue; $20,177,537 in City General Fund support (local match); $12,559,075 in current year State revenue; $2,721 ,105 in Federal revenue; and $6,364 in revenue from other sources. This plan was approved by the CSB at a meeting on August 16, 2018. State law provides the failure of the governing body to approve the proposed performance contract by September 30 of a given year will result in the performance contract being deemed approved or renewed. • Public Information: As required by law, the performance contract was made available for public comment for a period of 30 days. This item will be advertised as part of the normal Council Agenda Process. • Recommendations: Adopt the attached resolution • Attachments: Resolution; Performance Contract Summary (Exhibit A) Recommended Action: Approval Submitting Depa ment/Agency: Human Services City Manager, 1 A RESOLUTION APPROVING A CONTRACT BETWEEN 2 THE VIRGINIA BEACH COMMUNITY SERVICES BOARD 3 AND THE STATE 4 5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That the City Council hereby approves Fiscal Year 2018-19 Performance Contract 9 between the City of Virginia Beach Community Services Board and the Virginia 10 Department of Behavioral Health and Developmental Services (a summary of which is 11 attached in Exhibit A), which provides State-controlled performance contract funding to 12 the Community Services Board. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management Services City- ° - : 0 e CA14513 R-1 August 21, 2018 FY 2019 And FY2020 Community Services Performance Contract FY 2019 Exhibit A: Resources and Services Virginia Beach Community Services Board Consolidated Budget(Pages AF-3 through AF-9) Funding Sources Mental Health Developmental Substance TOTAL (MH)Services (DV)Services Use Disorder (SUD) Services State Funds 9,160,333 852,120 2,223,622 12,236,075 Local Matching Funds 10,798,075 8,178,671 1,200,791 20,177,537 Total Fees 5,013,521 19,820,596 349,499 25,183,616 Transfer Fees In/(Out) 0 0 0 0 1 Federal Funds 314,687 0 2,281,385 2,596,072 Other Funds 102,898 323,000 82,564 508,462 State Retained Earnings 0 0 0 0 Federal Retained Earnings 0 0 0 I Other Retained Earnings 0 0 0 0 Subtotal Ongoing Funds 25,389,514 29,174,387 6,137,861 60,701,762 State Funds One-Time 0 0 0 Federal Funds One-Time 0 0 0 Subtotal One-Time Funds 0 0 0 0 TOTAL ALL FUNDS 25,389,514 29,174,387 6,137,861 60,701,762 Cost for MH/DV/SUD Services 25,381,635 28,973,134 2,901,363 57,256,132 Cost for Emergency Services (AP-4) 2,413,136 Cost for Ancillary Services (AP-4)1 1,032,494 Total Cost for Services 60,701,762 Local Match Computation CSB Administrative Percentage Total State Funds 12,236,075 Administrative Expenses 7,130,308 Total Local Matching Funds 20,177,537 Total Cost for Services 60,701,762 Total State and Local Funds 32,413,612 Admin I Total Expenses 11.75% Total Local Match % 62.25% (Local I Total State+ Local) Report Date 8/15/2018 AF-1 FY2019 And FY2020 Community Services Performance Contract FY2019 Exhibit A:Resources and Services Virginia Beach Community Services Board Financial Comments Comment/ MH Other Federal-CSB=$46,570 USDA Comment2 MH Other Funds=$6,364 Beach House snack bar receipts,$96,534 PATH anticipated Comment3 mid-year award Comment4 DV Other Funds=$323,000 DARS contract Comments SUD FBG Prey-Family Wellness removed from LON($82,263) Comment6 SUD Federal OPT-R Treatment=2nd year award of$607,334 less$91,667 received Comment? on FY 2018 warrant#24 Comment8 SUD Other Federal-CSB=$20,000 Dept of Health HIV contract Comment9 SUD Other Funds=$54,065 SAIP,$28,499 anticipated additional OPT-R Recovery Commentl0 Commend l NOTE TO JOEL: Commentll 300-335 MAT is 100%contracted service so expenses are assigned with zero FTE Commentl3 Commentl4 Commentl5 Commentl6 Commend 7 Commentl8 Commend 9 Comment20 Comment2/ Comment22 Comment23 Comment24 Comment25 Report Date 8/15/2018 AF-2 FY 2019 And FY2020 Community Services Performance Contract FY 2019 Exhibit A: Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds FEES MH Medicaid Fees 4,496,004 MH Fees:Other 517,517 Total MH Fees 5,013,521 MH Transfer Fees In/(Out) 0 MH Net Fees 5,013,521 FEDERAL FUNDS MH FBG SED Child&Adolescent(93.958) 225,019 MH FBG Young Adult SMI(93.958) 0 MH FBG SMI(93.958) 16,650 MH FBG SMI PACT(93.958) 0 MH FBG SMI SWVBH Board (93.958) 0 Total MH FBG SMI Funds 16,650 MH FBG Geriatrics(93.958) 0 MH FBG Peer Services (93.958) 0 Total MH FBG Adult Funds 16,650 MH Federal PATH(93.150) 26,448 MH Federal CABHI(93.243) MH Federal Pre-Trial Diversion Initiative(16.745) 0 MH Other Federal-DBHDS 0 MH Other Federal-CSB 46,570 Total MH Federal Funds 314,687 STATE FUNDS Regional Funds MH Acute Care(Fiscal Agent) 0 MH Acute Care Transfer In/(Out) 0 Total MH Net Acute Care-Restricted 0 MH Regional DAP(Fiscal Agent) 0 MH Regional DAP Transfer In/(Out) 37,937 Total MH Net Regional DAP-Restricted 37,937 MH Regional Residential DAP-Restricted 0 MH Crisis Stabilization(Fiscal Agent) 0 MH Crisis Stabilization-Transfer In/(Out) 794,934 Total Net MH Crisis Stabilization-Restricted 794,934 MH Transfers from DBHDS Facilities(Fiscal Agent) 0 MH Transfers from DBHDS Facilities-Transfer In/(Out) 0 Total Net MH Transfers from DBHDS Facilities 0 AF-3 Report Date 8/15/2018 FY 2019 And FY2020 Community Services Performance Contract FY 2019 Exhibit A: Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds MH Recovery(Fiscal Agent) 0 MH Other Merged Regional Funds(Fiscal Agent) 1,468,833 MH Total Regional Transfer In/(Out) 0 Total MH Net Unrestricted Regional State Funds 1,468,833 Total MH Net Regional State Funds 2,301,704 Children State Funds MH Child&Adolescent Services Initiative 338,661 MH Children's Outpatient Services 75 000 Total MH Restricted Children's Funds 413.661 MH State Children's Services 25.000 MH Juvenile Detention 111,724 MH Demo Proj-System of Care(Child) C. Total MH Unrestricted Children's Funds 136.724 MH Crisis Response&Child Psychiatry(Fiscal Agent) 0 MH Crisis Response&Child Psychiatry Transfer In/(Out) 119 369 Total MH Net Restricted Crisis Response&Child Psychiatry 119,369 Total State MH Children's Funds(Restricted for Children) 669,754 Other State Funds MH Law Reform 397.790 MH Pharmacy-Medication Supports 29.949 MH Jail Diversion Services 241,670 MH Assisted Living Facility Support 0 MH Docket Pilot J M HC P Match 0 MH Adult Outpatient Competency Restoration Services 0 MH CIT-Assessment Sites 150,857 MH Expand Telepsychiatry Capacity 0 MH Young Adult SMI 0 MH PACT 850.000 MH PACT-Forensic Enhancement 200,000 MR Gero-Psychiatric Services 0 MH Permanent Supportive Housing 917,168 MH STEP-VA 270,000 MH Expanded Community Capacity(Fiscal Agent) 0 MH Expanded Community Capacity Transfer In/(Out) 302,709 Total MH Net Expanded Community Capacity 302,709 MH First Aid and Suicide Prevention(Fiscal Agent) 0 MH First Aid and Suicide Prevention Transfer In/(Out) 0 Total MH Net First Aid and Suicide Prevention 0 Total MH Restricted Other State Funds 3,360,143 Report Date 8/15/2018 AF-4 FY 2019 And FY2020 Community Services Performance Contract FY 2019 Exhibit A: Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds MH State Funds 2,828.732 MH State Regional Deaf Services 0 MH State NGRI Funds 0 MH Geriatrics Services Total MH Unrestricted Other State Funds 2.828.732 Total MH Other State Funds 6,188,875 TOTAL MH STATE FUNDS 9,160,333 OTHER FUNDS MH Other Funds 102,898 MH Federal Retained Earnings 0 MH State Retained Earnings 0 Mk State Retained Earnings-Regional Programs 0 MH Other Retained Earnings n Total MH Other Funds 102,898 LOCAL MATCHING FUNDS MH Local Government Appropriations 10,798,075 MH Philanthropic Cash Contributions 0 MH In-Kind Contributions 0 MH Local Interest Revenue 0 Total MH Local Matching Funds 10,798,075 Total MH Funds 25,389,514 MH ONE TIME FUNDS MH FBG SMI(93.958) 0 MH FBG SED Child&Adolescent(93.958) 0 MH FBG Peer Services (93.958) 0 MH State Funds 0 Total One Time MH Funds 0 Total MH All Funds 25,389,514 Report Date 8/15/2018 AF-5 FY 2019 And FY2020 Community Services Performance Contract FY 2019 Exhibit A: Resources and Services Developmental Services(DV) Virginia Beach Community Services Board Funding Sources Funds FEES DV Medicaid DD Waiver Fees 225,819 DV Other Medicaid Fees 6.853.146 DV Medicaid ICF/IDD Fees 12,097,384 DV Fees:Other 644,247 Total DV Fees 19,820,596 DV Transfer Fees In/(Out) 0 DV NET FEES 19,820,596 FEDERAL FUNDS DV Other Federal-DBHDS 0 DV Other Federal-CSB 0 Total DV Federal Funds 0 STATE FUNDS DV State Funds 813,942 DV OBRA Funds 38,178 Total DV Unrestricted State Funds 852,120 DV Rental Subsidies 0 DV Guardianship Funding 0 DV Crisis Stabilization(Fiscal Agent) 0 DV Crisis Stabilization Transfer In(Out) 0 DV Net Crisis Stabilization 0 DV Crisis Stabilization-Children(Fiscal Agent) 0 DV Crisis Stabilization-Children Transfer In(Out) 0 DV Net Crisis Stabilization-Children 0 DV Transfers from DBHDS Facilities(Fiscal Agent) 0 DV Transfers from DBHDS Facilities-Transfer In/(Out) 0 Total Net DV Transfers from DBHDS Facilities 0 Total DV Restricted State Funds 0 Total DV State Funds 852,120 OTHER FUNDS DV Workshop Sales 0 DV Other Funds 323,000 DV State Retained Earnings 0 DV State Retained Earnings-Regional Programs 0 DV Other Retained Earnings 0 Total DV Other Funds 323,000 AF-6 Report Date 8/15/2018 FY 2019 And FY2020 Community Services Performance Contract FY 2019 Exhibit A: Resources and Services Developmental Services(DV) Virginia Beach Community Services Board Funding Sources Funds LOCAL MATCHING FUNDS DV Local Government Appropriations 8,178,671 DV Philanthropic Cash Contributions 0 DV In-Kind Contributions 0 DV Local Interest Revenue 0 Total DV Local Matching Funds 8,178,671 Total DV All Funds 29,174,387 Report Date 8/15/2018 AF-7 FY 2019 And FY2020 Community Services Performance Contract FY 2019 Exhibit A: Resources and Services Substance Use Disorder(SUD)Services Virginia Beach Community Services Board Funding Sources Funds FEES SUD Medicaid Fees 338,500 SUD Fees:Other 10,999 Total SUD Fees 349,499 SUD Transfer Fees In/(Out) 0 SUD NET FEES 349,499 FEDERAL FUNDS SUD FBG Alcohol/Drug Treatment(93.959) 985,968 SUD FBG SARPOS(93.959) 65,231 SUD FBG Jail Services (93.959) 165,147 SUD FBG Co-Occurring(93.959) 34,574 SUD FBG New Directions(93.959) 0 SUD FBG Recovery(93.959) 0 SUD FBG MAT-Medically Assisted Treatment(93.959) Tota SUD FBG Alcohol/Drug Treatment Funds 1,250,920 SUD FBG Women(includes LINK at 6 CSBs)(93.959) 187,279 SUD FBG Prevention-Women(LINK)(93.959) 0 Total SUD FBG Women Funds 187,279 SUD FBG Prevention(93.959) 279,020 SUD FBG Prey-Family Wellness(93.959) 0 Total SUD FBG Prevention Funds 279,020 SUD Federal VA Project LINK/PPW(93.243) 0 SUD Federal CABHI(93.243) 0 SUD Federal Strategic Prevention(93.243) 0 SUD Federal YSAT—Implementation(93.243) 0 SUD Federal OPT-R-Prevention(93.788) 0 SUD Federal OPT-R-Treatment(93.788) 515.667 SUD Federal OPT-R-Recovery(93.788) 28,499 Total SUD Federal OPT-R Funds(93.788) 544,166 SUD Other Federal-DBHDS 0 SUD Other Federal-CSB 20,000 TOTAL SUD FEDERAL FUNDS 2,281,385 STATE FUNDS Regional Funds SUD Facility Reinvestment(Fiscal Agent) 0 SUD Facility Reinvestment Transfer In/(Out) 476,036 Total SUD Net Facility Reinvestment 476,036 SUD Transfers from DBHDS Facilities(Fiscal Agent) 0 SUD Transfers from DBHDS Facilities-Transfer In/(Out) 0 Total Net SUD Transfers from DBHDS Facilities 0 AF-8 Report Date 8/15/2018 FY 2019 And FY2020 Community Services Performance Contract FY 2019 Exhibit A: Resources and Services Substance Use Disorder(SUD)Services Virginia Beach Community Services Board Funding Sources Funds Other State Funds SUD Community Detoxification 0 SUD Women(includes LINK at 4 CSBs)(Restricted) 1,800 SUD Recovery Employment 0 SUD MAT-Medically Assisted Treatment 0 SUD Peer Support Recovery 0 Total SUD Restricted Other State Funds 1,800 SUD State Funds 1,408,686 SUD Region V Residential 131,215 SUD Jail Services/Juvenile Detention 27,216 SUD SARPOS 76,097 SUD Recovery 0 SUD HIV/AIDS 102,572 Total SUD Unrestricted Other State Funds 1,745,786 Total SUD Other State Funds 1,747,586 TOTAL SUD STATE FUNDS 2,223,622 OTHER FUNDS SUD Other Funds 82,564 SUD Federal Retained Earnings 0 SUD State Retained Earnings 0 SUD State Retained Eamings-Regional Programs 0 SUD Other Retained Earnings 0 Total SUD Other Funds 82,564 LOCAL MATCHING FUNDS SUD Local Government Appropriations 1,200,791 SUD Philanthropic Cash Contributions 0 SUD In-Kind Contributions 0 SUD Local Interest Revenue 0 Total SLID Local Matching Funds 1,200,791 Total SUD Funds 6,137,861 SUD ONE-TIME FUNDS SUD FBG Alcohol/Drug Treatment (93.959) 0 SUD FBG Women(Includes LINK-6 CSBs)(93.959) 0 SUD FBG Prevention(93.959) 0 SUD State Funds 0 Total SUD One-Time Funds 0 Total All SLID Funds 6,137,861 AF-9 Report Date 8/15/2018 FY 2019 And FY2020 Community Services Performance Contract FY 2019 Exhibit A: Resources and Services Local Government Tax Appropriations Virginia Beach Community Services Board City/County Tax Appropriation Virginia Beach City 20,177,537 Total Local Government Tax Funds: 20,177,537 Report Date 8/15/2018 AF-10 FY 2019 And FY2020 Community Services Performance Contract FY 2019 Exhibit A: Resources and Services Supplemental Information Reconciliation of Projected Resources and Core Services Costs by Program Area Virginia Beach Community Services Board MH DV SUD Emergency Ancillary Services Services Services Services Services Total Total All Funds(Page AF-1) 25,389,514 29,174,387 6,137,861 60,701,762 Cost for MH,DV,SUD, 25,381,635 28,973,134 2,901,363 2,413,136 1,032,494 60,701,762 Emergency,and Ancillary Services Difference 7,879 201,253 3,236,498 -2,413,136 -1,032,494 0 Difference results from Other: 0 Explanation of Other in Table Above: Report Date 8/15/2018 AF-11 FY 2019 And FY2020 Community Services Performance Contract FY 2019 Exhibit A: Resources and Services CSB 100 Mental Health Services Virginia Beach Community Services Board Report for Form 11 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 310 Outpatient Services 20.4 FTEs 1750 $3,497,296 312 Medical Services 17.23 FTEs 2207 $3,565,268 350 Assertive Community Treatment 11.8 FTEs 95 $1,855,332 320 Case Management Services 51.8 FTEs 1462 $5,260,613 410 Day Treatment or Partial Hospitalization 30 Slots 103 $1,112,308 420 Ambulatory Crisis Stabilization Services 4 Slots 58 $202,827 425 Mental Health Rehabilitation 155 Slots 287 $2,512,424 460 Individual Supported Employment 3.5 FTEs 42 $359,948 510 Residential Crisis Stabilization Services 13 Beds 468 $3,509,478 551 Supervised Residential Services 32 Beds 50 $1,048,332 581 Supportive Residential Services 14.64 FTEs 106 $2,431,240 610 Prevention Services 0.2 FTEs ' $26,569 Totals 6,628 $25,381,635 Form 11A: Pharmacy Medication Supports Number of Consumers 803 Total Pharmacy Medication Supports Consumers 3 Report Date 8/15/2018 AP-1 FY 2019 And FY2020 Community Services Performance Contract FY 2019 Exhibit A: Resources and Services CSB 200 Developmental Services Virginia Beach Community Services Board Report for Form 21 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 312 Medical Services 3.25 FTEs 18 $273,115 320 Case Management Services 27.91 FTEs 910 $3,322,574 425 Developmental Habilitation 148 Slots 173 $4,030,754 465 Group Supported Employment 19 Slots 54 $801,172 460 Individual Supported Employment 9.4 FTEs 173 $786,940 501 Highly Intensive Residential Services (Community-Based ICF/ID Services) 47 Beds 47 $13,219,919 521 Intensive Residential Services 25 Beds 25 $3,336,407 551 Supervised Residential Services 2 Beds 2 $299,076 581 Supportive Residential Services 40.77 FTEs 69 $2,903,177 Totals 1,471 $28,973,134 Report Date 8/15/2018 AP-2 FY 2019 And FY2020 Community Services Performance Contract FY 2019 Exhibit A: Resources and Services CSB 300 Substance Use Disorder Services Virginia Beach Community Services Board Report for Form 31 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 310 Outpatient Services 2.45 FTEs 326 $508,752 335 Medication Assisted Treatment Services 0 FTEs 218 $636,054 320 Case Management Services 2.26 FTEs 65 $173,813 410 Day Treatment or Partial Hospitalization 15 Slots 110 $252,691 501 Highly Intensive Residential Services(Medically Managed Withdrawal Services) 4 Beds 39 $577,655 610 Prevention Services 5.93 FTEs $752,398 Totals 758 $2,901,363 Report Date 8/16/2018 AP-3 FY 2019 And FY2020 Community Services Performance Contract FY 2019 Exhibit A: Resources and Services CSB 400 Emergency and Ancillary Services Virginia Beach Community Services Board Report for Form 01 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 100 Emergency Services 21.08 FTEs 2882 $2,413,136 318 Motivational Treatment Services 1.1 FTEs 524 $228,420 390 Consumer Monitoring Services 5.89 FTEs 530 $653,933 720 Assessment and Evaluation Services 1 FTEs 538 $150,141 Totals 4,474 $3,445,630 Report Date 8/15/2018 AP-4 .1�' a F9l �r,Q.`:,,-tt,ch •1 �F' X2 1 t ' <) C •, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the City Code 7-66, Designation of City Highways for Golf Cart Operation; Posting of Signs MEETING DATE: September 4, 2018 • Background: On October 26, 2004, pursuant to the authority granted in Virginia Code Section 46.2-916.2, City Council approved an ordinance permitting the use of golf carts in designated areas of the City of Virginia Beach with authorization of the Council. Currently, the Heron Ridge Estates, Lago Mar and Chubb Lane neighborhoods are authorized to allow golf carts on City streets. • Considerations: Virginia Beach citizens from the Ashville Park and Chesapeake Bay neighborhoods have complied with the petition procedures and other requirements of the Department of Public Works for the purpose of having a portion of those neighborhoods approved for use of golf carts on public roads. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt amendment to ordinance. • Attachments: Ordinance. Recommended Action: Approval Submitting Dep• • a : a a •ency: Public Works l�� City Manager: 1 AN ORDINANCE TO AMEND SECTION 7-66 2 OF THE CITY CODE PERTAINING TO 3 DESIGNATION OF CITY HIGHWAYS FOR 4 GOLF CART OPERATION; POSTING OF 5 SIGNS 6 7 SECTION AMENDED: § 7-66 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 That Section 7-66 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 Sec. 7-66. Designation of City highways for golf cart operation; posting of signs. 15 (a) Pursuant to Section 46.2-916.2 of the Code of Virginia, city council may authorize by 16 ordinance, the operation of golf carts on designated public highways within the City 17 after (i) considering the speed, volume, and character of motor vehicle traffic using 18 such highways, and (ii) determining that golf cart operation on particular highways is 19 compatible with state and local transportation plans and consistent with the 20 Commonwealth's statewide pedestrian policy. No City highway shall be designated 21 for use by golf carts if such golf cart operations will impede the safe and efficient flow 22 of motor vehicle traffic, or if the highway's posted speed limit is greater than twenty- 23 five (25) miles per hour. 24 (b) All requests made to have specific highways designated for golf cart use shall be 25 directed to the Traffic Engineering Office of Public Works. 26 (c) Any City highway designated for golf cart operations shall be posted with signs 27 indicating this designation. The organization, individual or entity requesting a highway 28 designation allowing golf cart operations shall reimburse the City its actual cost for 29 the installation and continued maintenance of such signs. 30 (d) The following City streets located in the specified neighborhoods are approved for 31 golf cart operation in accordance with the provisions of this Article: 32 33 (1) Heron Ridge Estates—Couples Court, Heron Ridge Lane, Heron Ridge 34 Drive, Lynx Drive, Lynx Court and Ryan Court. 35 (2) Chubb Lake West of Pleasure House Road—Beaufort Avenue, West Chubb 36 Lake Avenue, Chubb Lake Avenue, Lauderdale Avenue (4800-5100 37 Blocks), Athens Boulevard, Creek Cove Court, Sunny Circle, Bradpointe 38 Lane, Leatherneck Road, Lookout Road (4800-4900 Blocks), Bradford 39 Point, Bayview Avenue, Guy Avenue, Ocean View Avenue (4900 Block), 40 Lee Avenue (4800 Block), Zivo Court and Lake Drive (4800 Block); 41 (3) Lago-Mar—Atwoodtown Road, Costa Grande Drive, Camino Real South, 42 Camino Court, Rota Circle, Santa Marta Court, Santa Clara Court, Cinta 43 Court, Granada Court, San Jose Court, San Miguel Court, Sevilla Court, 44 Acapulco Court, Casa Court, Estrella Court, Rio Grande Drive, Rio Grande 45 Court, Pinon Court, Corrente Lane, Escorial Court, La Mirage Court, Los 46 Conaes Way, Trevino Court, Rio Bravo Bend, Santiago Point, Toledo Place, 47 Infanta Circle, Costa Grande Drive, Malaga Lane, Malaga Court, Alcon 48 Court, Soria Circle, Tres Lane, Vaso Court, Toro Court, Amigo Court, Tono 49 Court, Los Colonis Drive, Las Brisas Drive, Baja Court, Sonora Court, 50 Morado Court, La Tierra Court, La Tierra Circle, Las Corrales Court, 51 Brasileno Drive, Brasileno Court, Valiente Court, Esquiana Court, Verano 52 Court, Verano Circle, Belleza Court, Torero Court, Entrada Drive, Ranchero 53 Road, Cordova Court, San Marco Road, San Marco Circle and San Marco 54 Court- 55 al Ashville Park: Ashville Park Boulevard (from Lubao Lane to 1868 Ashville 56 Park Blvd), Emelita Drive, Lubao Lane, Blythe Drive, Wilshire Drive, 57 Benecia Drive, Camarillo Lane, Kittridge Drive, Aldea Circle, Keokirk Lane; 58 59 (5) Chesapeake Bay - East of Northampton Blvd: Ocean View Avenue, 60 Lauderdale Avenue, Pleasure Avenue, Guam Street, Lee Avenue, Cornet 61 Avenue, Lake Drive, Fentress Avenue, Seavew Avenue, Mortons Road, 62 and Lee Court. 63 64 65 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day 66 of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r /4 IP ger Publ' orks City Attorney's Office CA14447 R-2 August 27. 2018 ,ti1a'6fA,;7 • •1YI CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Section 10-1 of the City Code to Change the Polling Locations for the Redwing and Trantwood Precincts MEETING DATE: September 4, 2018 • Background: The Office of Voter Registration and Elections periodically reviews the City's precincts and polling places. Based on this review, recommendations are reviewed with the local Electoral Board. Two changes are proposed: • 0030 Redwing Precinct — move the polling place from the Fraternal order of Police, Lodge #8, to Seatack Elementary School, which is located at 912 South Birdneck Road; • 0009 Trantwood Precinct — move the polling place from Church of the Holy Family to Trantwood Elementary at 2344 Inlynnview Road. The Electoral Board endorsed these changes at its July 2018 meeting. The Trantwood move is intended to be temporary, but the move is necessary for the November 2018 elections. • Considerations: The attached ordinance updates the polling locations of the aforementioned precincts in City Code § 10-1. As required, these locations will be ADA compliant. • Public Information: This item will be advertised as part of the normal Council Agenda process. As required by State law, a public hearing for these changes will be held on September 4, 2018, during the Council Formal Session. The notice for this hearing was published in the Beacon on August 26 and September 2. Additionally, postcards will be mailed to the registered voters of the precincts to alert them of the change in polling location. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance; Maps (2) Recommended Action: Approval Submitting Department/Agency: Office of Voter Registration and Elections 0c) City Manager: - - 1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 CODE TO CHANGE THE POLLING LOCATIONS FOR THE 3 REDWING AND TRANTWOOD PRECINCTS 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 8 Section 10-1 of the City Code is hereby amended and reordained to read as 9 follows: 10 11 Sec. 10-1. Establishment of precincts and polling places. 12 13 There are hereby established in the city the following precincts and their 14 respective polling places, as set forth below: 15 16 Precinct Polling Place 17 18 Alanton Alanton Elementary School 19 Aragona Bayside Sixth Grade Campus 20 Arrowhead Arrowhead Elementary School 21 Avalon Woodstock Elementary School 22 Baker Ebenezer Baptist Church 23 Bayside Bayside Elementary School 24 Bellamy Salem Middle School 25 Blackwater Blackwater Fire Station 26 Bonney Discovery Church 27 Brandon Brandon Middle School 28 Brookwood Plaza Annex 29 Buckner Green Run Baptist Church 30 Cape Henry Research and Enlightenment Building (Edgar 31 Cayce Library) 32 Capps Shop Back Bay Christian Assembly 33 Centerville Centerville Elementary School 34 Chesapeake Beach Bayside Baptist Church 35 Chimney Hill Rosemont Elementary School 36 College Park College Park Elementary School 37 Colonial Colonial Baptist Church 38 Colony Lynnhaven Colony Congregational Church 39 Corporate Landing Corporate Landing Middle School 40 Courthouse Kellam High School 41 Creeds Oak Grove Baptist Church 42 Cromwell Salem United Methodist Church 43 Culver Ocean Lakes High School 44 Dahlia Green Run High School 45 Dam Neck Corporate Landing Elementary School 46 Davis Corner Bettie F. Williams Elementary School 47 Eastern Shore Eastern Shore Chapel 48 Edinburgh St. Aidan's Episcopal Church 49 Edwin Kempsville Middle School 50 Fairfield Kempsville Presbyterian Church 51 Foxfire Wave Church 52 Glenwood Glenwood Elementary School 53 Great Neck All Saints Episcopal Church 54 Green Run Green Run Elementary School 55 Haygood Haygood United Methodist Church 56 Hillcrest New Castle Elementary School 57 Holland Holland Elementary School 58 Homestead Providence Presbyterian Church 59 Hunt Princess Anne Recreation Center 60 Independence Water's Edge Church 61 Indian Lakes Indian Lakes Elementary School 62 Indian River San Lorenzo Spiritual Center 63 Kings Grant St. Nicholas Catholic Church 64 Kingston King's Grant Presbyterian Church 65 Lake Christopher New Covenant Presbyterian Church 66 Lake Joyce Morning Star Baptist Church 67 Lake Smith Bayside Church of Christ 68 Landstown Landstown Community Church 69 Larkspur St. Andrews United Methodist Church 70 Lexington Larkspur Middle School 71 Linkhorn Virginia Beach Community Chapel 72 Little Neck Lynnhaven United Methodist Church 73 London Bridge London Bridge Baptist Church 74 Lynnhaven Cape Henry Church 75 Magic Hollow Virginia Beach Moose Family Center 76 Malibu Malibu Elementary School 77 Manor Providence Elementary School 78 Mt. Trashmore Windsor Woods Elementary School 79 Newtown Good Samaritan Episcopal Church 80 North Beach Galilee Episcopal Church 81 North Landing Hope Haven 82 Ocean Lakes Ocean Lakes Elementary School 83 Ocean Park Bayside Community Recreation Center 84 Oceana The Gathering at Scott Memorial United 85 Methodist Church 86 Old Donation Calvary Baptist Church 87 Pembroke Pembroke Elementary School 88 Pinewood Lynnhaven Presbyterian Church 89 Plaza Lynnhaven Elementary School 90 Pleasant Hall Emmanuel Episcopal Church 91 Point O'View Kempsville Church of Christ 92 Red Wing Fraternal Order of Police, Lodge #8 93 Seatack Elementary 94 Rock Lake Salem Elementary School 95 Rosemont Forest Rosemont Forest Elementary School 96 Roundhill Salem High School 97 Rudee Virginia Beach Volunteer Rescue Squad 98 Building 99 Salem Woods Parkway Elementary School 100 Sandbridge Tabernacle United Methodist Church 101 Seatack Mount Olive Baptist Church 102 Shannon Church of the Ascension 103 Shelburne Christopher Farms Elementary School 104 Shell Unity Church of Tidewater 105 Shelton Park Shelton Park Elementary 106 Sherry Park St. Matthews Catholic Church 107 Sigma Red Mill Elementary School 108 South Beach Contemporary Art Center of Virginia 109 Stratford Chase Community United Methodist Church 110 Strawbridge Strawbridge Elementary School 111 Tallwood Tallwood Elementary School 112 Thalia Thalia Elementary School 113 Thoroughgood Independence Middle School 114 Timberlake White Oaks Elementary School 115 Trantwood Church of the Holy Family 116 Trantwood Elementary 117 Upton Three Oaks Elementary School 118 Village Thalia Lynn Baptist Church 119 Windsor Oaks Windsor Oaks Elementary School 120 Witchduck Bayside Presbyterian Church 121 Wolfsnare Virginia Beach Christian Life Center 122 Central Absentee Voter Agriculture/Voter Registrar Building 123 Precinct Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SU_EfICIENCY: Voter Registrar or ey's Office CA14511 R-1 August 13, 2018 Polling location changes 1 . Red Wing Precinct Croatn Croatan Woods i5 a cr Landing Camp . Pendletr, _ . • :_:' .. :-. ,, / /7- 3F1,7 st f --n).-iii4r, Fraternader,efAnlice - 030 Red Wing --:F. - ,, •-•:* , . r it cfneck Lake — 03 0 -----"I\ .; Fed Wing Lal. Golf r,-.,tir,. \ From Fraternal Order of Police to Seatack Elementary School 2. Trantwood Precinct Woodhur H ,,.- p,'" N-c.. ., _ Laurel Cove Chtjgb.co4thettaly Fami 00Tran ••• * - Trantwood ..- - Shores 'Irani,..11.• I i ' ..' , ,, ‘,1,--/..•.-o..1 -.. ,•,., Great -... Ill C ./,,,,,,, Neck - la' Colonial Oaks Farm .,,,,' •I't Tr ant Berkshire Tr an ts Po)nr , a - Lyrinhaven - 4,.'4-,s, 4.4 l;c:..: Noddle „ , School 009 Prime,.An. rA.moiul Pail, • Southernt.,,nnhe,, rl Points WAVE Church E Or North 048 Malian are - I,hck - * Great Neck Forest Park _ ` Pines n W I!no ton ,,,,,,,c oil conah00,,es: 13e9a4 ,.' l-. `..."•••1:1',"\t 95 q - Southern Point '....,.24.,,1 Dr L.43?17•1107.g.%. Robinlio<ii , •,-. ., . . '•'",:u...•LAF 1-'''' Forest Meadows i 4 t. 6,-,--./r Nr_. Z C;Te41 A ' 3 - - Lynnhaven ",..' Wellington <S'C--,.- SV4 X ,., .If! V,"'c,,,...• Woods , Acres Wolfsnare Plantation .. Dr,,,. '. _... .........._ From Church of the Holy Family to Trantwood Elementary School �pGy. aF",9C1. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 21-230 Pertaining to Traffic Calming MEETING DATE: September 4, 2018 • Background: On February 13, 2001, City Council enacted a traffic calming ordinance to deter speeding on specifically designated residential streets. Unlike a routine speeding citation, a citation for speeding on one of the designated streets can be punished by a fine of $200. • Considerations: The Traffic Calming Program has several phases. Phase I consists of awareness and education, and generally takes place during discussions between Traffic Engineering and the neighborhood representative. In this phase, the neighborhood residents identify the streets they want evaluated for inclusion in the program. Phase II involves speed studies of the identified streets. If the studies show an 85-percentile speed of at least 33 mph or, an average speed of at least 29 mph in a posted 25 mph speed zone, then the Police Department will conduct a series of selective enforcement initiatives, followed by traffic studies at the end of each enforcement cycle. Should speeding persist or increase, the streets will be eligible to enter Phase III of the program if at least 75% of the affected neighborhood residents in the identified area sign a petition requesting the implementation of Phase III. Phase III of the program involves posting of council-designated streets with signs warning drivers that speeding in this area could result in a $200 fine. The following street has qualified for inclusion in the Traffic Calming Program and will be added to the program upon adoption of this ordinance: • Mediterranean Avenue between Virginia Beach Boulevard and Norfolk Avenue. • Public Information: This ordinance will be advertised in the same manner as other Council agenda items. • Recommendations: Adopt Ordinance • Attachments: Ordinance Recommended Action: _•proval Submitting Departme t/Ag-> cy: Public Works/Engineering City Manager: 1 AN ORDINANCE TO AMEND SECTION 21-230 2 OF THE CITY CODE PERTAINING TO 3 TRAFFIC CALMING 4 5 SECTION AMENDED: § 21-230 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 21-230 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 21-230. Traffic calming via maximum speed limits in certain residential 15 districts; penalty. 16 17 Pursuant to § 46.2-878.2 of the Code of Virginia, any person who operates a motor 18 vehicle in excess of the maximum speed limit established for any portion of the following 19 highways located within the designated neighborhoods, on or after the effective date, 20 shall be guilty of a traffic infraction punishable by a prepayable fine of two hundred dollars 21 ($200.00), in addition to other penalties provided by law. No portion of the fine shall be 22 suspended unless the court orders twenty (20) hours of community service. 23 (1) L & J Garden: Norwich Avenue; Tajo Avenue; Fairlawn Avenue; Dulcie 24 Avenue. 25 (2) Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, 26 Alton Road; Old Kempsville Road. 27 (3) Lake Shores: Jack Frost Road; Lake Shores Road. 28 (4) Little Neck: Harris Road. 29 (5) Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; 30 Meredith Road, School Road, Mosby Road, Frizzel Drive; Finn Road; 31 Charla Lee Lane; Smith Farm Road. 32 (6) Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr Way. 33 (7) Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill Road; Baylake 34 Road; Rampart Avenue; Bayville Road; Lookout Road; Sandy Bay Drive. 35 (8) Country Haven: Stewart Drive. 36 (9) Fairfield: Lord Dunmore Drive. 37 (10) Bellamy Manor: Homestead Drive. 38 (11) Church Point: Church Point Road; Church Point Place; Timber Ridge Drive. 39 (12) Stratford Chase: Stratford Chase Drive; Minden Road; Violet Bank; Kittery 40 Drive. 41 (13) Bayville Park: Greenwell Road (From Shore Drive to First Court Road). 42 (14) Milburn Manor: Davis Street. 43 (15) Lake James: Lake James Drive. 44 (16) Larkspur: Edwin Drive from Princess Anne Road to Independence Blvd. 45 46 Effective as of April 6, 2004: 47 (1) Croatan: Croatan Road. 48 (2) Birdneck Point: Cardinal Road. 49 50 Effective as of April 5, 2005: 51 (1) Thoroughgood: Thoroughgood Drive. 52 (2) Hermitage Road. 53 54 Effective as of September 12, 2006: 55 (1) Kings Grant: Oxford Drive. 56 57 Effective as of January 27, 2009: 58 (1) Baycliff: Baycliff Drive between Mill Dam Road and Stephens Road. 59 (2) Lakeview Park: Cullen Road between Shell Road and Lakeside Road. 60 61 Effective as of August 10, 2010: 62 (1) Bellamy Plantation: Grey Friars Chase between Lynnhaven Parkway and 63 the 1900 block of Grey Friars Chase, 64 65 Effective as of September 5, 2018: 66 (1) Mediterranean Avenue between Virginia Beach Boulevard and Norfolk 67 Avenue. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: A • - Police Department City Attorney's Office APPROVE AS TO CONTENT: // •Ll.1LI PubIic��•:'ks CA14561 R-1 August 23, 2018 5... 4,41 CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing a Portion of Euclid Road Adjacent to 5073 Virginia Beach Boulevard MEETING DATE: September 4, 2018 • Background: 5073 Virginia Beach Blvd., L.L.C., a Virginia limited liability company (the "Applicant"), owner of the property located at 5073 Virginia Beach Blvd.(the "Property") requested the closure of a 5,878.3 sq. ft. portion of Euclid Road (formerly Broad Creek Road) (the "Right-of-Way"). The area proposed for closure is located adjacent to the Property. No other parcels are adjacent to, or have an interest in, the Right-of-Way. On September 5, 2017, by Ordinance ORD-3517C, City Council approved the Applicant's request to close the Right-of-Way, subject to the following conditions being met by September 4, 2018: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the Right-of-Way into the adjoining parcel. The subdivision plat shall be submitted and approved for recordation prior to the final street closure approval. 3. A public sanitary sewer gravity main is located within the Right-of-Way. These utilities must either be relocated to the new property line or an easement (satisfactory to the City's Department of Public Utilities) must be dedicated to the City of Virginia Beach. A variance to Section 2.3.6 of the Public Utilities Design Standards Manual will be required prior to the dedication of a public utility easement. 4. Public water meters are located within the Right-of-Way. These meters must either be relocated to the new property line or an easement (satisfactory to the City's Department of Public Utilities) must be dedicated to the City of Virginia Beach. A variance to Section 2.3.6 of the Public Utilities Design Standards Manual will be required prior to the dedication of a public utility easement. A planting island with landscaping material (satisfactory to the City's Landscape Architect) must be located over the water meters if they are not relocated. 5. The Applicant shall verify that no private utilities exist within the Right-of-Way. If private utilities do exist, easements satisfactory to the utility company must be provided. 6. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. The Applicant has submitted a resubdivision plat to the Planning Department for review; however, the plat will not be in final form and ready to record prior to the deadline to meet the conditions. On August 3, 2018, the Applicant requested a six-month extension of time to satisfy the conditions set forth in Ordinance ORD- 3517C. Staff concludes that the request for a six-month extension to satisfy the conditions is reasonable. • Recommendations: Approval • Attachments: Ordinance, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting Depart gency: Planning Department .,' .....,I Ai Manage . 4 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF EUCLID 4 ROAD ADJACENT TO 5073 VIRGINIA BEACH 5 BOULEVARD 6 7 WHEREAS, on September 5, 2017, City Council acted upon the application of 8 5073 Virginia Beach Blvd., L.L.C., a Virginia limited liability company (the "Applicant"), 9 for the closure of a 5,878.3 sq. ft. portion of Euclid Road (formerly Broad Creek Road) 10 (the "Right-of-Way"); 11 12 WHEREAS, City Council approved (by Ordinance ORD-3517C) the closure of 13 the aforesaid Right-of-Way subject to certain conditions being met on or before 14 September 4, 2018; and 15 16 WHEREAS, on August 3, 2018, the Applicant requested a six-month extension of 17 time to satisfy the conditions attached to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance 23 adopted on September 5, 2017 (ORD-3517C), upon application of 5073 Virginia Beach 24 Blvd., L.L.C., is extended to March 4, 2019. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on this 27 day of , 2018. GPIN: Right-of-way/ no GPIN assigned Adjacent to GPIN: 1467-85-8567 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorn Planning D artment CA 14409 vbgov.comDFS 1'ApplicationsCitylawProd\cycom32\Wpdocs D015\P02700392120.DOC R-1 August 23, 2018 I C11441� 11411".7.4. �4A S ARC LEM:1HHRD LENGTH CHORD BEIRWC .- -- Cl ' moo' 2E41.' 21.25' _ N 32'27'5,' W DELTA AM^LE TJUVONT 5492'40` 12.35' S 164.34,,,.E � 1 •EX7 4P mat' S (WNW'E '•r, `�;,'. • - EX SDG ..•._» fX�',1'ar 0101::/ /� Q •1/1111 gafAbiD •R ARaD�D o �te as� cuss Ac) opilliONER POLE i #''''' 40PIP Ai,4•. 4111 :11111 4,"..400.« � ` soca LW MICE •Os'0C _a Cort ` �h ' VALLEY CURER , 13 1 pARIM AP—A-14 1 , `.., 4, , si. kettte, 40,4 ...‘ us Mt SOVINWOCCOMIND) ' Of ,2' RCP- *le ..41 \I S 4rza 44'E tre lettir MAPLE PA" If'stt, EX SHRUBSli [x aura a k .J 1 si 4. ,-STY FR .,741,,44. is 1.1( ' 'ir •:el 1 Iht . D(ASPHALT PAVEYDri ♦ u *F3 ,Li' --- i _ 1 TREESID ________,,,) • RY i 1 i 1 1 STREET CLOSVpi�E EXIIIBIT 1\ 6,078.3 RE FEET ROAD T:, VIRGA BEACH, VIRGINIA _ For sc �•• = so' - .L(tLFEBRUARY 81, xo€7 CL /e WEB/ES CfET or mmoQVLImax VL./73.BC P.27e3IIs E-581 taline-otso r Disclosure Statement MB Virginia Betcb APPLICANT'S NAME 5073 Virginia Beach Blvd., L.L.C. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning A. •eats Certificate of Floodplain Variance Appropriateness Street Closure Historic Review Board) Chesapeake Bay w_ Preservation Area Lease of City PropertySubdivision Variance Board __ ( - Conditional Use Permit � ( License Agreement__1 Wetlands Board • s The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosuies must be updated two'2 weeks prior to any 1 Page 1 of 7 Flamm,Commission and Cum Council nteetm..that ceita,ns to the a t,•hcabams, J 0 APPLICANT NOTIFIED OF HEARING i DATE NO CHANCES AS OF . OATE 1724443-F43 (� Carolyn Smith D REVISIONS SUBMITTED - i DATE t 1 5073 Virginia Beach Blvd.,a VA Limited Liability Corporation Agenda Item D1 & D2 Page 13 Disclosure Statement 11/4113. vuginia Beacb Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here If the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:5073 Virginia Beach Id LLC If an LLC,list all member's names: George Loizou, Managing Member If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for Information pertaining to footnotesI and 2 f SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Sect/on 2 only if property owner Is different from Applicant. n Check here If the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. E Check here if the PROPERTY OWNER /S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:____ If an LLC, list the member's names: Page 2 of 7 5073 Virginia Beach Blvd.,a VA Limited Liability Corporation Agenda Item D1&D2 Page 14 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list If necessary) 'Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship, that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner In one entity Is also a controlling owner In the other entity,or (Ili) there is shared management or control between the business entitles. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the Subject of the Application or anv business operating or to be operated on the Property. If the answer to any item Is YES, please identify the firm or Individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 5073 Virginia Beach Blvd.,a VA Limited Liability Corporation Agenda Item D1 &D2 Page 15 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE t PROVIDER(use aulltional sheets if ❑ '4 Accounting and/or preparer of t your tax return X ❑ Architect/Landscape Architect/ Land Planner Daugherty&Associates Architecture ❑ Contract Purchaser( other than 4 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ 4 purchaser of the subject property r (identify purchaser(s)and purchaser's service providers) ❑ i;/ Construction Contractors - ❑ Engineers/Surveyors/Agents WPL Financing (include current TowneBank mortgage holders and lenders ❑ selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Sykes,Bourdon,Ahern 8 Levy,P.C. Real Estate Brokers/ ® Agents/Realtors for current and I anticipated future sales of the (subject property• _ I SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ '` an interest in the subject land or any proposed development contingent on the subject public action? If yes,what Is the name of the official or employee and what is the nature of the Interest? Page 4 of 7 5073 Virginia Beach Blvd.,a VA Limited liability Corporation Agenda Item Dl&D2 Page 16 Disclosure Statement 101 Virginia Bead, CERTI FICATI-O�N�- �� I certify that all of the information contained in this Disclosure Statement Form Is complete,true,and accurate. 11 understand that, upon receipt of notification that the application has been 1 scheduled for public hearing, I am responsible for updating the information provided herein two to he Planning Commission, Council, VBDA meeting, or mee ' of any g body or committee in connection with this APPlicati¢n. ___ George Loizou,Mg Member APPU SIGNATURE I PRINT NAME DATE ir. Virginia Beach Blvd.,LLC. t Page S of 7 5073 Virginia Beach Blvd.,a VA Limited Liability Corporation Agenda Item D1&D2 Page 17 i'. [ , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Robert W. White, Jr. et al. (113.07+/- Acres), 2) the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $1,036,132, and 3) Transfer of Funds to Purchase U.S. Treasury STRIPS MEETING DATE: September 4, 2018 • Background: In May 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon nine (9) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City' s interests, and other standard contingencies. • Considerations: The subject property consists of three (3) parcels of land having approximately 113.07 acres outside of marshland or swampland. It is owned by Robert W. White, Jr., Kimberly S. White, Kathryn L. White, Kylie S. Driver, Kaitlin E. White and Kolby M. White. Under current development regulations, there is a total development potential of eleven (11) single-family dwelling building sites, and two (2) have been reserved for future development. The parcels, which are shown on the attached Location Map, are located in the 3600 block of Charity Neck Road (GPIN: 2412-62-1172) and 1700 block of Pleasant Ridge Road (GPINs: 2412-50-0677 and 2412-52-0194) in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $1,036,132. This price is the equivalent of approximately $9,164 per acre. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 2.88% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 4.88% without the further approval of the City Council. The ordinance authorizes the transfer of the amount needed to purchase the U.S. Treasury STRIPS from the Agriculture Reserve Program Special Revenue Fund to the General Debt Fund. The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. • Public Information: Notice of Public Hearing has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. • Alternatives: The City Council may decline to purchase the development rights to the property. • Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. • Attachments: Ordinance, Summary of Terms of Installment Purchase Agreement, Location Map and Disclosure Statement Form Recommended Action: Adoption Submitting De. - • -nt/A. = cy: Agriculture Department City Manager: 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION OF 2 AN AGRICULTURAL LAND PRESERVATION EASEMENT 3 FROM ROBERT W. WHITE, JR., ET AL. (113.07+/-ACRES), 4 2) THE ISSUANCE BY THE CITY OF ITS CONTRACT 5 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 6 $1,036,132, AND 3)TRANSFER OF FUNDS TO PURCHASE 7 U.S. TREASURY STRIPS 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 11 presented to the City Council a request for approval of an Installment Purchase Agreement 12 (the form and standard provisions of which have been previously approved by the City 13 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 14 the City Attorney's Office)for the acquisition of the Development Rights (as defined in the 15 Installment Purchase Agreement) on certain property located in the City and more fully 16 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 17 $1,036,132; and 18 19 WHEREAS, the aforesaid Development Rights shall be acquired through the 20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 21 compliance with, the requirements of the Ordinance; and 22 23 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 24 purchase as evidenced by the Installment Purchase Agreement. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. The City Council hereby determines and finds that the proposed terms and 30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 31 Agreement, including the purchase price and manner of payment, are fair and reasonable 32 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 33 is hereby authorized to approve, upon or before the execution and delivery of the 34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 35 balance of the purchase price set forth hereinabove as the greater of 2.88% per annum or 36 the per annum rate which is equal to the yield on United States Treasury STRIPS 37 purchased by the City to fund such unpaid principal balance; provided, however, that such 38 rate of interest shall not exceed 4.88% unless the approval of the City Council by resolution 39 duly adopted is first obtained. 40 41 2. The City Council hereby further determines that funding is available for the 42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 43 the terms and conditions set forth therein. 44 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter 59 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 60 the indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $484,909.77 from the 63 Agricultural Reserve Program Special Revenue Fund (161) to the General Debt Fund 64 (302), and the City Manager is empowered to transfer sufficient additional funds or return 65 funds not required,within the dollar limits provided by the Annual Appropriation Ordinance, 66 to purchase the United States Treasury STRIPS as described in the Installment Purchase 67 Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City 70 Council. 71 72 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 73 , 2018. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Agriculture Department Bud et and Management Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: (OF NDS: \\ I f e 117/0‘ 9Z6fr*Ai' Director of Finance City Attorney s Office CA13202 \\vbgov.com\DFS 1\Applications\CityLawProd\cycom32\W pdocs\D011\P015\00049813.DOC R-1 August 22, 2018 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2018-157 SUMMARY OF TERMS SELLER: Robert W. White,Jr., Kimberly S. White, Kathryn L. White, Kylie S. Driver, Kaitlin E. White and Kolby M. White PROPERTY LOCATION: 3600 block of Charity Neck Road(GPIN: 2412-62-1172) and 1700 block of Pleasant Ridge Road(Gillis: 2412-50-0677 and 2412-52-0194) PURCHASE PRICE: $1,036,132 EASEMENT AREA: 113.07 acres, more or less DEVELOPMENT POTENTIAL: 11 single-family dwelling sites(2 reserved by Seller) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 2.88%(actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 4.88%without approval of City Council. TERMS: Interest only,twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: WA ownership may not be transferred(except for Estate Settlement Transfer) for one(1)year following execution and delivery of the IPA. <- Z = -f ,-,7 ,,./.•' _ - - f. I i ......, I ; ' t - , -'4 -r-J, • ,.; TV f'1 ; '4' t.--2 ''' .1:,,A0 - • - - . , , - - a ,I 141( it „, AirIt''1 . . , . . _ 2 . A 0 , „ . . , • -, - cr Lel NI Lri t , .. 0 - cu r... w , c , ' ' ;.. • (I) \ ._ Cr a) '- u s_ r•-• u diatiel v ri ns 9 0 (V C? UD co CD c 8 Li, . I ,--- cc 110111. u? en .. ‘1. eNI CV CV I-1 m vr r.1 tz 2.; .._, cq — ict• 4-, / .C” '' ("II t 0 < A f, A C.1 --.. Milk_ , _ . - , I - , . . , „. .. .. .. 1. ,.. ...., * - Virginia Beach APPLICANT'S NAME \RG\-y,14. 1� ��'►��, ) `S , DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. m.. .. . _.;��_ .._ .. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). O APPLICANT NOTIFIED OF HEARING DATE: • NO CHANGES AS OF DATE: O REVISIONS SUBMITTED DATE: Virginia Beach F--4 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_ i_a— >r If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 1,73 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) I "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 "IV/B APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) 1-1 Accounting and/or preparer of your tax return I l /I Architect/ Landscape Architect/ ' Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ 177 Construction Contractors BEngineers /Surveyors/Agents Financing (include current ❑ [ 1 mortgage holders and lenders ( " selected or being considered to provide financing for acquisition or construction of the property) t l Legal Services �/�'� �(� fSciNey° Real Estate Brokers / r7 Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 NB Virginia Beach J CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. l i ,�i �I /ni , 001 ept tom", J) ) , TT. I•3O -1g APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) 1111 Fl Accounting and/or preparer of your tax return ❑ 4 Architect / Landscape Architect/ Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers piAny other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) O 4 Construction Contractors Engineers /Surveyors/Agents Financing (include current ❑ 1-4 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) It El Legal Servicesi k r'1Q 601`).1 Real Estate Brokers / ❑ pi Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have O an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 i Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 4- a 1,4,;/-e, -Tt, PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 ;1 APPLICANT'S NAME l`1 i M bP r 1,,4 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). ▪ APPLICANT NOTIFIED OF HEARING DATE: • NO CHANGES AS OF DATE: ❑ REVISIONS SUBMITTED DATE: Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:____\Z_ l l4__S__L .Diut — If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 VB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) bAccounting and/or preparer of , ( your tax return I /I Architect / Landscape Architect/ ILand Planner I ❑ rx Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers j Any other pending or proposed I�lv1/ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) 111 Construction Contractors EEngineers / Surveyors/Agents 4 Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 4 n Legal Services Hike- (3)6 r n et rx Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have Cy an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 7 3 \ _ , ,.... Virgiuic, lie,lc.1 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. , ej,e.,yr) Liz ),Ae,2 iy s. L��i;tom 1 -3e' ,S) APPLICANT'S SIGNATURE PRINT NAME I DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ [4 Accounting and/or preparer of your tax return 111 A Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than J the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ �/� purchaser of the subject property (identify purchaser(s) and 1_7( purchaser's service providers) Construction Contractors 171 Engineers /Surveyors/Agents Financing (include current �/7I mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) t l Legal Services + k n e Real Estate Brokers / t F1 Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 NI/B„ Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. /1/-1-1-3 /<,./-4.4 1-/)--ATI7 4LePj-1 1- 3C - IS) PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 APPLICANT'S NAME VcA ,R, � \-- �c1«PAc-; DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). o APPLICANT NOTIFIED OF HEARING DATE: El NO CHANGES AS OF DATE: 0 REVISIONS SUBMITTED DATE. 11/4/f'. Virginia Beach I' 'I Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_ L g c\ L C\-)ac -k-‘n_ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) nI I Accounting and/or preparer of I I u your tax return Fi Architect / Landscape Architect / Land Planner Contract Purchaser (if other than Fqthe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed n )1 purchaser of the subject property I I (identify purchaser(s) and purchaser's service providers) ❑ 171 Construction Contractors © Engineers /Surveyors/Agents Financing (include current 7 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services MkV-C. Real Estate Brokers / El 11 Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 N.3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S NATURE PRINT NAME DATE • Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ X Accounting and/or preparer of your tax return n n Architect / Landscape Architect/ Land Planner ❑ Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ V1 purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors 111 Engineers / Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services M Real Estate Brokers / n Agents/Realtors for current and f ' anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have Ej an interest in the subject land or any proposed development �` contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. )\ InLIA4ctri L.cZLc \c 1-30 5 PROPERTYS SIGNATURE PRINT NAME DATE Page 7 of 7 Virginia Beach APPLICANT'S NAME Ky 1 I e, S. ver ( Vv 11 , 4c DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). 0 APPLICANT NOTIFIED OF HEARING DATE: El NO CHANGES AS OF DATE: El REVISIONS SUBMITTED DATE: alliBrr Virginia Beach 4 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: 1 I I ki-e I ( -14ii11> If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. pi Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 ,14 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 VB APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if ^/ needed) I �{' Accounting and/or preparer of l_1 your tax return ❑ Architect / Landscape Architect / Land Planner r_7( Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers viI i Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors 1I IX Engineers / Surveyors/ Agents Financing (include current 7mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 1-7 n Legal Services M I I< t, PO r n C/ Real Estate Brokers / 0 Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach 1 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. .N11 le, 5 , bI, Vt( APP1ACANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return Architect/ Landscape Architect/ ° Land Planner Contract Purchaser (if other than 111 the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ J L purchaser of the subject property � (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors/Agents Financing (include current ❑ ✓ mortgage holders and lenders J1 selected or being considered to provide financing for acquisition or construction of the property) Legal Services l" lk P3o r C Real Estate Brokers / 1` Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. jj, G ve r VIV/P PR RTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 7?. APPLICANT'S NAME . , ' _ 3 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). o APPLICANT NOTIFIED OF HEARING DATE o NO CHANGES AS OF DATE: 0 REVISIONS SUBMITTED DATE: Vi' Virginia Beach I + Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:lUtal1 �N��i l If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. nCheck here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return ❑ IS Architect / Landscape Architect/ Land Planner I El the Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Flnstruction Contractors ElL Engineers /Surveyors/Agents Financing (include current n r--I/ mortgage holders and lenders I selected or being considered to provide financing for acquisition or construction of the property) y� 11 Legal Services m-101 12cW rey' eal Estate Brokers / ❑ ' gents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 AB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. M. � Oti .v, M, ' 11i/1st APPLICANT'�1$ � if-�� IGNATURE PRINT FAME DATE Page 5 of 7 1 -P3 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of your tax return IIII �fI Architect / Landscape Architect / Land Planner Contract Purchaser (if other than lIlthe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) r4, Construction Contractors Engineers / Surveyors/ Agents Financing (include current 1_7( mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) t Legal Services w\\\1.,Z, v-r Real Estate Brokers / n `` Agents/Realtors for current and I anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. • 1/3c PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 t; i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City property known as Croatan Beach at the rear of 536 South Atlantic Avenue. MEETING DATE: September 4, 2018 • Background: Applicants, Dennis Michael Lynch and Kelly Taylor Lynch, have requested permission to install, construct, erect and maintain a 4' x 77' timber beach access at 3' above grade and a 6' x 10' observation deck at 4' above grade (the "Encroachments") adjacent to their property located at 536 South Atlantic Avenue. The Encroachments would extend into a portion of the City's property known as Croatan Beach for a distance of 78'. • Considerations: City staff has reviewed the requested Encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Croatan Beach. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the Encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Plat, Pictures, Location Map, Agreement, and Disclosure Statement. Recommended Action: Approval of the ordinance. Submitting Departme .Agency: Public Works/Real Estate Ce + / City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF CITY PROPERTY KNOWN AS 6 CROATAN BEACH AT THE REAR OF 536 7 SOUTH ATLANTIC AVENUE 8 9 WHEREAS, Dennis Michael Lynch and Kelly Taylor Lynch, husband and 10 wife, desire to install, construct, erect and maintain a 4' X 77' timber beach access at 3' 11 above grade and a 6' x 10' observation deck at 4' above grade into a portion of the City's 12 property known as Croatan Beach; and 13 14 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 15 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 16 the City's property subject to such terms and conditions as Council may prescribe. 17 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 21 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Dennis Michael Lynch and 23 Kelly Taylor Lynch, their heirs, assigns and successors in title are authorized install, 24 construct, erect and maintain a 4' X 77' timber beach access at 3' above grade and a 6' 25 x 10' observation deck at 4' above grade into a portion of the City's property known as 26 Croatan Beach as shown on the map entitled: "EXHIBIT A: ENCROACHMENT 27 REQUEST FOR BEACH ACCESS AND OBSERVATION DECK FOR DENNIS M. AND 28 KELLY T. LYNCH LOTS 11 AND 23, BLOCK 26 CROATAN BEACH (M.B. 37, PG. 11) 29 BEACH DISTRICT," dated February 8, 2018, and prepared by Waterfront Consulting, 30 Inc., a copy of which is attached hereto as Exhibit A, and on file in the Department of 31 Public Works and to which reference is made for a more particular description; 32 33 BE IT FURTHER ORDAINED, that the temporary encroachments are 34 expressly subject to those terms, conditions and criteria contained in the agreement 35 between the City of Virginia Beach and Dennis Michael Lynch and Kelly Taylor Lynch (the 36 "Agreement"), an unexecuted copy of which has been presented to the Council in its 37 agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court 38 of the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 1 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 43 such time as Dennis Michael Lynch and Kelly Taylor Lynch and the City Manager or his 44 authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: BLIC ORKS, REAL ESTATE DANA ,. ARMEYER SENIOR CITY ATTORNEY \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d013\p031\00496132.docx CA14218 R-1 Prepared: 8/20/18 2 THIS PLAN IS BASED ON THE NAVD 198B THE SITE ELEVATIONS WERE -'�-- ESTABLISHED VIA RTK GPS ON THE 2 REF: MS. 37. PG 11 CARON NET REFERENCE NETWORK. ATLANTIC OCEAN OCEAN AVENUE (NB. 1, PG. 23) ""---,4 (UNIMPROVED — V/W) 10' DUNE TOE ----___ .* IU I PROPOSED __ 6 4'x 77'BEACH ACCESS AT 3'ABOVE GRADE ---_____ AND _____ = -12 4 6'x 10'OBSERVATION DECK AT 4'ABOVE GRADE DUNE CREST -- 16 18 N. 16 '4te6 0.13111OF Y CREST- 14 O2. f4) O uNE OU E TOE /' 6 o ' le D 10' 6.0' v GREGORY 0.MILSTEAD 9 12"----"N___ = 1 IS '14'15" E 50' Lic. No.047323 t Co,112 (h3 A/ I 20' a/S- I 4SI ONA L ,A6\ \T' I SITE DATA: ! I 1. The subdivision plat for this property was recorded in MAP BOOK 37,PAGE 11. 24 , 2S I 22 2. Instrument No.20171106000954880 of IN N I 03 1CA .7,2 3. GPIN:2427-30-5328 La I I— 4. Zoning:R-10 Residential I I ' In - ---r—I——-4 4 r---- EXHIBIT A: ENCROACHMENT REQUEST Z Q \ ;5 FOR BEACH ACCESS AND OBSERVATION DECK N for DENNIS M. and KELLY T. LYNCH LOTS 11 and 23, BLOCK 26 12 I 11 I 10 CROATAN BEACH (M.B. 37,PG.11) BEACH DISTRICT DATE: FEBRUARY 8, 2018 I I SHEET 1 OF 3 I I 0 40' 80' 30' B/S I 1"=40' I I 1 WATERFRONT '1 N 44'15" W 50' C :. �� CONSULTING,INC. 2589 QUALITY COURT,STE 323 S ATLANTIC AVENUE (MB. 37, PG. 11) VIRGINIA BEACH,VA 23454 PH/FAX:(757)425-8244,CELL:(757)619-7302 (FORMERLY CHAUTAUQUA AVENUE) ENGINEERING SERVICES PROVIDED BY: CHESAPEAKE BAY SITE SOLUTIONS,INC. P.O.BOX 6663 VIRGINIA BEACH,VA 25466 ©2018 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED. PHONE!(757)576-3715 e 0 rn kr) (..) k jro ' a 0 m >- CC N. al } N as ao ZW HV m � m - 100 � m Jm M � v, o p LL u-i = W eh W O 43 O < c o IX U) ,i 6- al y ao 0 Z u, _ 1_ — - _ co w V � • z 2 E0 co re rHa ZOQN m (,� W � G 0 6 G 0Q p ,___ ___._ ,n 6 m W ca re m o --- 1 0 ' - LL �IAit69. 4 € ti� I- ti f z op � - Mo �o go Till ao I H ›.- o Z z o m o o � � ', 0 C'D 4� 4 La oiu)' Op z r ic o_ wLL c.,) w I- In - --e-.. . N ~ m F=- W W 14U, (Ni _ - , . N Z x ILI 2 0 NLU U L N d N ~ it I O J Ore" 4 LL ZZ W m Z Z g W Ovmwz ~ cVn iw _ 111 -- o QzomQo Jcn � W o 02 . gnaw =1- d J � w t9 1- rtLij E o I Ww � O w zz r. ; cai) orte 1z u_ <a ° o °' zw � � � CgH a o -� wuWO ? v) 3 O - 3 0 �n d0X I m N .- i I LL < Ixa50 © Y co C) zX¢ W °r° o H a_ F=- 0 N cc DO I Sao 't -_ zoo W < ZN aLt 'ii_ a- . re > J Y M 4 a -I . z H re -1 U m UJ o IIit = OJ W LL 4 I III cn U G L. W ri ° cz 4E z N = ~QW (n2 OQ " � 'oV W I- 0 "3 FY N 111111111 - � Zw , mom - viii w W Z V -J n7 CDww V co N Q Ie 1.4-1 S ~ o Ha z0 < u) >- QWo = Oo o- Z CO V W Z3 0 w � Q = a O UV O 0 < CO-� N K W Q zV) 0 Cc x � � W CO 0 W UV ~ N rn Z FY m V)Uc o : O Q F- w Z= 1 . 4, QO0AF- <NE(T2- w ' J/ ///� ,,,-3 6‘1•11A ocaR c`1 / / l 4 cn O - r- VV)) / 1 / -11- u cc, w0 / / i ' NQ I7 o o A a Lj0 / / / xix IF z0 Q Cx- �o C a Z o Ct.Ct / �J NvI ,1 a el C) • @ Lu LuLu / / ./ 1 w w 1- p 04Ce JQ I EEw °p `DD 4� u) R I [ I •• a. z 1- Fc 0o I I, _1 oo vi z Q 1 t, II a Q lI Z I I I, �I11 � � •� b a Z � Y I t k------- LU 1- c� X c4 -1 I—II I O n o 3 NC) I I Ic �II 000 _W j w U' U Z o U m z W NQ F••• u. w zoz U) 3 W ❑1- Y N co 1- z wU 0 o O Q W W N z = 2 ❑ 0 Encroachment Request Applicant: Dennis Michael Lynch and Kelly Taylor Lynch Rear of 536 South Atlantic Avenue ., hila r y _,4414 ,,. ' t��4 !�I t1111IIlH 1�1 III IlI11M IIIIIir i!t 1 .. ow 77-74,11, , . - ,. , . ..... _. __ ._ _2_,,,„ .,... .„: 1_-,_._:_-=_.., ee ...._ , I 'mss ,, , ' ''-,,,44#:.,...,47W-:';-11:,;;:a.:: 1,i_!:i..,,-['-'jitA::,,t-'''';.:-i-..1#,:t2T:e-1..±,:y7'4;:t‘;. '.;4'7"1„--*.;7.7.771 .,,,,:.r4;24.-ift:.iit ''''el V a �$h- r ti ' s f-,i 1 1-, ` ' !•Y :._ ice. Encroachment Request Applicant: Dennis Michael Lynch and Kelly Taylor Lynch Rear of 536 South Atlantic Avenue -s — — - �* -- vF J 4 F � � i''1 i. :..gym g r.^.._._ j as 11 __ ^'g• is -. ,+ ' ` '• . f¢ ig .s^ I = Vel ..+ - y -,,:.7.-'441,'3 epi" Z - 4, - . sem _.. k:., i :, Is• Y`_ ;' `r,4,,. ';;-1.-SP. I#5 v C s‘ t`.:';4;-- } ,`ti } l ':-. \ k. \ 1:\ .F Mae1 ,. s ___, , \ ...iii., --\ _J t 1 Yp __\ , VIZ - ..,. \ -- -, N L \ICS Z r %cr Ct LOCATION MAP pa r� 1 ENCROACHMENT REQUEST m FOR -L DENNIS M. LYNCH AND KELLY T.LYNCH Legend m 1 536 S.ATLANTIC AVENUE 2a27-3o-53�a CC -- - GPIN:2427-30-5328 1 1 City Properties _ter {+ Feet f 1 0 50 100 200 pin y VW/Eng.lEnp.Support Senn.*Rarebit 0]Ilal201B s..arge s i es • •r i, en is ver -• .• •- rua PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this /61. day of AtJyus-E- , 201 ? , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, 'City", and DENNIS MICHAEL LYNCH and KELLY TAYLOR LYNCH, 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 Lots 11 and 23, Block 26, as shown on that certain plat entitled: "RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO, VA", dated June, 1954 and prepared by C. A. Bamforth, CLS, and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 37, at page 11, and being further designated, known, and described as 536 South Atlantic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to install, construct, erect and maintain a 4' x 77' timber beach access at 3' above grade and a 6' x 10' observation deck at 4' above grade, collectively the 'Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Croatan GPIN: (CITY RIGHT OF WAY— NO GPIN REQUIRED OR ASSIGNED) GPIN: 2427-30-5328 (536 South Atlantic Avenue) Beach the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A: ENCROACHMENT REQUEST FOR BEACH ACCESS AND OBSERVATION DECK FOR DENNIS M. AND KELLY T. LYNCH LOTS 11 AND 23, BLOCK 26 CROATAN BEACH (M.B. 37, PG. 11) BEACH DISTRICT," dated February 8, 2018, and prepared by Waterfront Consulting, Inc., a copy of which is attached hereto as Exhibit A and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, DENNIS MICHAEL LYNCH and KELLY TAYLOR LYNCH, husband and wife, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 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 , 201_, 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 201_, 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: 5 My Commission Expires: By DENNIS MIC AEL LYNCH, Owner By ' ''1 /tag 14I`A KEL � A O' L No/ , Owner STATE OF -CITY/COUNTY OF l�,lL , to-wit: The foregoing instrument was acknowledged before me this 01,1 sr day of iktjacs-4- , 201 , by Dennis Michael Lynch and Kelly Taylor Lynch. APRIL K.SHUMATE Notary Public• ( f\/ Commonwealth of Virginia ' (SEAL) 7092733 My CommissionExpires Jul 31,2019 f Notary Public Notary Registration Number: 77 733 My Commission Expires: 07/3 I J j 4) (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM -AT A - YER, SENIOR CITY ATTORNEY DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 7 THIS PLAN IS BASED ON THE NAVD 1985 P G. 11 THE SITE ELEVATIONS WERE ESTABON THE '2 REF: MB, 37, CARONLNET REFERENCE VIA RTK GMETWORK ATLANTIC OCEAN r— OCEAN AVENUE (MB. 1, PG. 23) ,4 (UNIMPROVED - V/W) 10' DUNE TOE -------- ~71011 PROPOSED �� _ -_6 4'x 77'BEACH ACCESS AT 3'ABOVE GRADE �_=210 AND DUNE CREST E �1G14 6'x 10'OBSERVATION DECK AT 4'ABOVE GRADE (---18---...\ 0 _n —16 ,kZ,TH OF D 57 14 A 1 j�� DUNE CRE .•..._.J DUNE TOE�� B � ,/� c 6.0' OVA 12"— - U GREGORY 0.MILSTEAD ' S 14'15" E 50 Lic. No.047323 I _ _ ��'3 6,I 12 (0 of 20' B/SS I I ��IONAL S. 1.2-A,.. SITE DATA: I I 1. The subdivision plat for this property was recorded in MAP BOOK 37,PAGE 11. 24 23 I 22 o I IV) 2. Instrument No.20171106000954880 c:I II N 3. GPIN:2427-30-5328 I— L,I IN 4. Zoning: R-10 Residential ' -ci--- 4 r---- r 1n EXHIBIT A: ENCROACHMENT REQUEST °; m m ;N FOR BEACH ACCESS AND OBSERVATION DECK ZI - N. Iofor i DENNIS M. and KELLY T. LYNCH I � LOTS 11 and 23, BLOCK 26 12 I 11 10 CROATAN BEACH (M.B. 37,PG.11) BEACH DISTRICT DATE: FEBRUARY 8, 2018 I i I SHEET 1 OF 3 ( L_ __ I0 40' 80' 30' B/S EMMEN 111111111•1101•11111.� I I I I 1"=40' IWATERFRONT N 4'14'15" W 50' �� , CONSULTING,INC. 259 QUALITY COURT,STE S ATLANTIC AVENUE (MB. 37. PG. 11) VIRGNIABEACH,VA23454 323 PH/FAX:(757)425-8244,CELL:(757)619-7302 (FORMERLY CHAUTAUQUA A VENUE) ENGINEERING SERVICES PROVIDED BY: CHESAPEAKE BAY SITE SOLUTIONS,INC. ©2018 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED, P.O.BOX 6663 VIRGINIA BEACH,VA 23466 PHONE:(757)575.3715 rn NG In a ro J _ I CO rn 1- 0 0 `r o W Z .- N o N 1 W Q Z op r,-.� N' ZWI-- 0 it'''. mp o � mJm � �� id Z 0.1 J a f L Q Z C Y H N N 2 cod o pQ � '� CQ � W p U r CO u, H ILIU W is - — LU m x W " rt 3.2' L _ 0 0 V o x , o x ao ,n W m W IZ m 06 iin O LL 611y1A as 1 . I i o SSS `2` yf� cv SI 'o \ v- 'd' O 4 $ , a in x o , z > 1.1 "� o z o w J LU i- --m _— LU Ci i O �a e. Zcii ti) IX ma LU s - tri NK W cc a' i ~ w w g —I 1 0 to m N w xH 2 0 I c a iv 0 Hcl 0U ,z'17 ! a b -I a LL , J U N Z _ �t Z ~ L=LmjO1 z Og 1 WQgm "' OHU Li Ciw w Z m ? rYO QZOmQO JI- 51111:1W o UEcnOcnaw r'noa 1J 11 LTmFiu) W2w z zz 0 aw "' -, o ¢ Wy 0° ommw 0Ce 7.1 O O d Z OQ WwOZ cc N i W frOai C70I¢ tri - O u) A o u) o � J0Z � 3 N .- I.- 1!I liii = Y = m J J H U o Y co z x W as a. o N p C Q W Z N 4- RC1 MQ = FCO A'f Li art V c� } JWoo W Q Z N d � .II � a , � � JY M = - - 0 i� -1 - _z F- 1123 _ co W m }ILI 0 S W M 1T 20 Jm LLu. oNi, � � CSG .. WN = W � - � 11_ � l 04c c cQc1w - WN evW = �I � � Z - m1- Z W m V ri IIS, z = Lai W0 Q v — 1- 4 to >- Qwo ~ = Z � O0 az Z3 0 0 � Q = UQ O V V 2s, ul�W �� W CO W VU -CE Naz 0 CO V)U¢o oN 0 "i w Y QI'' , At7.- Li 14 co g O x / s1. 11a �( P ca " / j/ — I1n r 4 IC) 'I< r �> n r / i ; I1k, if) �a / o flo; o -- L1.1O / / / x � IFz ¢ d } oC / / / Q O m ['` ZaO / / / � �I- tt � �?0 w w / / / �� 117 www p c" p4 al Q I,� -'EIT Woo 00 4�' Lo io CYp I I I -_I m In z c7 0 z I' it 00 r (n -J Z Q X11 0 li a Q I I I 11= F- z o = z i II ill w2 z Lc —Y I 1 11= w o — LLJ „J'N 0 ii 7:1O 0 - > z W 0 U c 0 ZW c Z m1- '../ ,zc' 4. ,C >- ZM 0 O CoQ I"' u_ -J CO W w U Z U) 3 LL1 o F- Y co o Q w w 0 N ZiMo0 Virginia Beach APPLICANT'S NAME 1be.nni5 M. and ht,lly Lin DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). 0 APPLICANT NOTIFIED OF HEARING DATE El NO CHANGES AS OF DATE a REVISIONS SUBMITTED DATE Virginia Beach X Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Dennis M. and Kelly T. Lynch If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) n n Accounting and/or preparer of Meadows Urquhart Acree & Cook, your tax return LLP X Architect / Landscape Architect / Land Planner Contract Purchaser (if other than X the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Xpurchaser of the subject property (identify purchaser(s) and purchaser's service providers) Xri Construction Contractors Project out for bid X Engineers / Surveyors/Agents WCI, Chesapeake Bay Site Solutions Financing (include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) IXLegal Services Real Estate Brokers / X Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applica 'on. �1'd wis , 4F l/i1� fAPPLIC/tiuI'S SIGNA URE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) X I I Accounting and/or preparer of Meadows Urquhart Acree& Cook, I I your tax return LLP I I X Architect / Landscape Architect / Land Planner Contract Purchaser (if other than nX the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Xpurchaser of the subject property (identify purchaser(s) and purchaser's service providers) X Construction Contractors Project out for bid Xn Engineers / Surveyors/Agents WCI, Chesapeake Bay Site Solutions Financing (include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X Legal Services Real Estate Brokers / 1-1 Agents/Realtors for current and anticipated future sales of the subject property 4 0 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development 1contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or me ing of any public body or committee in connection with this Application. ' 'cy to nos 612//i ' PROPERTY OWNER'S GNATURE PRINT NAME DATE Page 7 of 7 {S y w; 44J� CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: An Ordinance to Establish Capital Project 3-163, EMS Headquarters Audio Visual Upgrades, and to Transfer Funds from CIP 3-503, Housing Resource Center, to CIP 3-163 MEETING DATE: September 4, 2018 • Background: The Department of Emergency Medical Services administrative headquarters houses the EMS Training Center, which teaches more than 500 students per year in both initial certifications, continuing education, and special operations classes. The facility houses two conference rooms and three classrooms that are available to all City and Volunteer Rescue Squad entities meetings, training and other functions. The EMS headquarters also hosts the training center for the Department of Emergency Communications and Citizen Services. The Department of EMS is seeking to install state-of-the-art audio visual equipment, to include video conferencing capability that will produce multiple outcomes for EMS and other departments. These tools will allow the EMS administrative headquarters to be a fully functioning back up 911 and Emergency Operations Center (EOC) in the event of a failure of the current EOC located at Building 30. It will also provide distance learning capabilities for EMS students, a remote meeting site, and an interactive platform for instructors to easily display interactive material and increase visual learning objectives. • Considerations: The Housing Resource Center, CIP 3-503, is nearing completion and has an unexpended appropriation balance that has been retained for contingencies. The current funds available in CIP 3-503 are $1,775,166. It is anticipated that an amount of $1 ,358,000 will be sufficient to support the remaining needs to complete the Housing Resource Center. This provides an opportunity to redirect $417,166 in funding to meet other City needs. The Department of Emergency Medical Services is requesting $250,000 to fund the audio visual upgrades at the EMS Headquarters building. There is another request on Council's August 21, 2018 Agenda that seeks the use of funds from CIP 3-503, and if both are approved, the $417,166 will be fully utilized. EMS requests the establishment of a new Capital Improvement Project 3-163, "EMS Headquarters Audio Visual Upgrades," to complete the necessary enhancements of EMS administrative headquarters, which includes the facility's ability to function as a backup 911 and Emergency Operations Center. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Adoption Submitting Dep. . me i • • = cy: Department of Emergency Medical Services ( r( City Manager: st, 1 AN ORDINANCE TO ESTABLISH CAPTIAL PROJECT 3-163, 2 EMS HEADQUARTERS AUDIO VISUAL UPGRADES, AND 3 TO TRANSFER FUNDS FROM CIP 3-503, HOUSING 4 RESOURCE CENTER, TO CIP 3-163 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1 . Capital Project 3-163, EMS Headquarters Audio Visual Upgrades, is hereby 10 established in the Capital Improvement Program; and 11 12 2. $250,000 is hereby transferred from CIP 3-503, Housing Resource Center, to 13 CIP 3-163, EMS Headquarters Audio Visual Upgrades. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Cit A orrey's Office CA14506 R-1 August 7, 2018 f \ I. ,,,,...„......,,A. ,,..,._„,..n.„...„— CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Transfer Funds from CIP 3-503 Housing Resource Center to CIP 3-149 Various Buildings Rehabilitation and Renewal IV for Electrical Upgrades to the Farmer's Market MEETING DATE: September 4, 2018 • Background: The Farmer's Market is in need of electrical service upgrades on the front lawn adjacent to Dam Neck Road. This highly visible area is used for various events including carnivals in the Spring and Fall, the Food Truck Rodeo, live entertainment, Christmas tree sales, and various other events. The electrical service upgrade will enable this venue to include a seasonal ice skating rink and other holiday-themed special events. Additionally, it will provide a safer public environment by eliminating the need for the diesel generators that are currently being used. The added seasonal ice skating rink is projected to operate from late November through the Christmas holiday, with a possibility of being extended until Valentine's Day. The upgrade to the electrical service will enhance all of the front lawn events, providing increased patronage and revenue to the Farmer's Market especially during the off-season Winter months. The total request for funding is $167,166. • Considerations: The Housing Resource Center, CIP 3-503, is nearing completion and has a balance that has been retained for contingencies. The current funds available in CIP 3-503 are $1,775,166. It is anticipated that an amount of $1,358,000 will be sufficient to support the remaining needs to open the Housing Resource Center. This provides an opportunity to redirect $417,166 in funding for meeting other City needs. This request seeks the use of $167,166 from CIP 3-503 for the Farmer's Market electrical service upgrades. There is another request on Council's August 21, 2018 Agenda that seeks the use of funds from CIP 3-503, and if both are approved, the $417,166 will be fully utilized. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Agriculture 1Wolk,Y_� City Manager: — ► 1 AN ORDINANCE TO TRANSFER FUNDS FROM CIP 3-503 2 HOUSING RESOURCE CENTER TO CIP 3-149 VARIOUS 3 BUILDINGS REHABILITATION AND RENEWAL IV FOR 4 ELECTRICAL UPGRADES TO THE FARMER'S MARKET 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $167,166 is hereby transferred from CIP 3-503 Housing Resource Center to CIP 10 3-149 Various Buildings Rehabilitation and Renewal IV to allow for electrical upgrades to 11 be completed at the Farmer's Market. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: OA . . p Budget and anagement Services City o •ey s Office CA14505 R-1 August 6, 2018 ,.,,4.-.511.44,L •; 2 CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate Additional Grant Funds for the Victim Witness Program in the Commonwealth Attorney's Office MEETING DATE: September 4, 2018 • Background: Since 1990, the Office of the Commonwealth's Attorney (CWA) has received a Victim Witness Assistance Grant from the Virginia Department of Criminal Justice Services (DCJS) for the Virginia Beach Victim Witness Program. The mission of the program is to provide information and assistance to victims and witnesses of crime in accordance with the Virginia Crime Victims and Witnesses Rights' Act. This year funding has been increased by $12,460. Total funding level for FY 2018-19 is $574,048 ($430,536 — 75% is federal funding and $143,512 is state funding — 25%). The State awards this grant for two fiscal years, and it is included as part of the City's annual budget process. The amount included in the CWA's FY 2018-19 Operating Budget is $561 ,588. Although the DCJS grant does not require a local match, the City has provided funding annually to cover operating support costs and unfunded personnel/fringe benefit costs. • Considerations: Because the amount of DCJS grant funding changed, adjustments are required to the CWA's FY 2018-19 Operating Budget totaling $12,460. • Public Information: Normal Council Agenda process. • Recommendations: Adoption of Ordinance • Attachment: Ordinance Recommended Action: Approval Submitting Dep. i -nt/AAency: Office of the Commonwealth's Attorney t City Manager: �,1k4 a 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 ADDITIONAL GRANT FUNDS FOR THE VICTIM WITNESS 3 PROGRAM IN THE COMMONWEALTH ATTORNEY'S 4 OFFICE 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 9 That $12,460 from the FY 2018-19 Victim Witness Assistance Grant is hereby 10 accepted and appropriated, with estimated state and federal revenues increased 11 accordingly, to the Commonwealth Attorney's Office FY 2018-19 Operating Budget for the 12 Victim Witness Program. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: afUc /2,7 Budget and Management Services �' ne ' O ice CA14514 R-1 August 22, 2018 Na-BEq�. C-` ¢7j CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate $200,000 of Fund Balance from the Sheriff's Office Special Revenue Fund to the Sheriff's Office FY 2018-19 Operating Budget for Replacement of Kitchen Equipment MEETING DATE: September 4, 2018 • Background: The Sheriff's Office provides about 4,500 meals per day to the inmate population of the Correctional Center. The equipment that is the subject of this item is 12 years old and has reached the end of its useful life. It is used in the inmate kitchen. Staff is concerned that without replacement, the equipment will fail, and the Sheriff will not be able to provide required meals. • Considerations: To begin replacement of the most critical pieces of kitchen equipment, the Sheriffs Office is requesting that $200,000 be appropriated to its FY 2018-19 operating budget. The amount needed is available from fund balance in the Sheriff's Office Special Revenue Fund, which had $1 .4 million at the end of FY 2017-18. • Public Information: Normal Council Agenda notification process. • Recommendations: Approval of the ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting D- - rt - • Agency: Sheriff's Office City Manage 1 AN ORDINANCE TO APPROPRIATE $200,000 OF 2 FUND BALANCE FROM THE SHERIFF'S OFFICE 3 SPECIAL REVENUE FUND TO THE SHERIFF'S 4 OFFICE FY 2018-19 OPERATING BUDGET FOR 5 REPLACEMENT OF KITCHEN EQUIPMENT 6 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA, THAT: 9 10 $200,000 of fund balance from the Sheriff's Office Special Revenue Fund is 11 hereby appropriated to the Sheriff's Office FY 2018-19 Operating Budget, with 12 estimated revenue increased accordingly, to be used for replacement of kitchen 13 equipment. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: H Budget and Management Services - ' :, Office CA14515 R-1 August 22, 2018 K. APPOINTMENTS BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS -ELECTRICAL DIVISION COMMUNITY ORGANIZATION GRANT (COG)AND ALLOCATION REVIEW COMMITTEE COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE PERSONNEL BOARD PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************* ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *************************** CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/21/2018 PAGE: 1 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U I B P DNOKM H L W O 0 Y L N A O R S 0 T R E E E N . S 1 0 0 T T R Y S ES N N D CITY COUNCIL'S BRIEFING A. SHORT TERM RENTAL DISCUSSION City Council Il. CITY MANAGER'S BRIEFINGS Peter Wallace, A. DIGITAL ASSIST APPLICATION Director- Information Technology Julie Hill,Director- Communications B FARMERS MARKET PROJECT David Trimmer, Director- Agriculture C. EMERGENCY MEDICAL SERVICES Chief Edward AUDIO VISUAL UPDATE Brazle-Emergency Medical Services D. NEIGHBORHOOD DREDGING SSD Daniel Adams, PETITION REQUESTS FOR SCHILLING Coastal Engineer- POINT,SEA BREEZE COVE,AND DD{ Public Works CREEK II A F MINUTES 8-0 Y Y Y Y Y B Y A Y Y August 7,2018 APPROVED A N E D Special Formal Session,August 14,2018 APPROVED 9-0 Y Y Y Y Y Y Y A Y Y H MAYOR'S PRESENTATION H.1 RECOGNITION OF KING NEPTUNE XLV David Burton and Court Kit Chope, Celebration Chairman 112 VIRGINIA BEACH COUNCIL OF CIVIC Brad Sykes, ORGANIZATIONS AWARDS President-Virginia Beach Council of Civic Organizations CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/21/2018 PAGE: 2 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U I B P DNOKM H L W O O Y L N A 0 R S 0 T R E E ENS I 0 0 T T R Y S E S N N D PUBLIC HEARINGS 1.1 SALE OF EASEMENTS OVER CITY NO SPEAKERS PROPERTY-Interfacility Traffic Area(ITA) a. 3 597 Indian River Road b.2876 Indian River Road c. 2287 Landstown Road 1.2 ACQUISITION OF REAL PROPERTY NO SPEAKERS Cardinal Estates Pump Station#550 and Sanitary Sewer Relocation Project J. Ordinance to DECLARE Excess City ADOPTED,BY 9-0 Y Y Y Y Y Y Y A Y Y J.1. Property with Restrictive Easements in the CONSENT ITA/AUTHORIZE the City Manager to sell same to the United States of America: a.3597 Indian River Road b.2876 Indian River Road c.2287 Landstown Road 1.2. Ordinance to AUTHORIZE the acquisition ADOPTED,BY 9-0 Y Y Y Y Y Y Y A Y Y of property in fee simple re Cardinal CONSENT Estates Pump Station#550 and Sanitary Sewer Relocation Project by agreement or condemnation J.3. Ordinance to EXTEND the date to satisfy ADOPTED,BY 9-0 Y Y Y Y Y Y Y A Y Y conditions re closing a 10,645 square foot CONSENT portion of right-of-way known as Lord Dunmore Drive J.4. Ordinance to AUTHORIZE a temporary ADOPTED,BY 9-0 Y Y Y Y Y Y Y A Y Y encroachment into a portion of City Property CONSENT known as Bluegil Inlet at 2797 Sandpiper Road re construct/maintain a dock J.S. Resolution to AUTHORIZE/DIRECT the ADOPTED,BY 9-0 Y YY YY Y Y A Y Y City Manager to EXECUTE a MOA for the CONSENT contribution of funds to the Department of the Army re Rudee Inlet Additional Work J.6. Resolution to AUTHORIZE Design ADOPTED,BY 9-0 Y Y Y Y Y Y Y A Y Y Approval re Laskin Road Phase I-A and CONSENT Laskin Road Bridge Replacement 1.7. Ordinance to ESTABLISH CIP re EMS DEFERRED TO 9-0 Y Y Y Y Y Y Y A Y Y Headquarters Audio Visual Upgrades and SEPTEMBER 4, TRANSFER$250,000 from the Housing 2018,BY Resource Center CIP CONSENT J.8. Ordinance to TRANSFER$167,166 from DEFERRED TO 9-0 Y Y Y Y Y Y Y A Y Y the Housing Resource Center CIP to the SEPTEMBER 4, Various Buildings Rehabilitation and 2018,BY Renewal[V CIP re electrical upgrades to CONSENT the Farmers Market J.9 Ordinance to ACCEPT/APPROPRIATE ADOPTED,BY 9-0 Y Y Y Y Y Y Y A Y Y $23,790 from the FY2018-2019 Supreme CONSENT Court of VA Drug Treatment Court Docket Grant to the FY2017-2018 Commonwealth Attorney's Operating Budget re care for VBADTC participants and AUTHORIZE an In-Kind Grant Match CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/21/2018 PAGE: 3 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U I B P DNOKM H L W O 0 Y L N A 0 R S 0 T R E E ENS I 0 0 T TR YS ES N N D K. VISION,INC./BEATRICE R.SMALL for APPROVED/ 9-0 Y Y Y Y Y Y Y A Y Y K.1. a Variance to Section 4.4(b)of the Subdivision CONDITIONED Regulations re lot width at 5558 Daniel Smith Road DISTRICT 2—KEMPSVILLE K.2. GREENWAY TOWING,LLC,T/A APPROVED,AS 9-0 Y Y Y Y Y Y Y A Y Y ARISTOCRAT TOWING/800 BLOCK PROFFERED/ PROPERTIES,LC for Modification of CONDITIONED, Proffers and Conditions re bulk storage BY CONSENT yard at 1608 Washington Ave(Approved on August 14,2001,and Modified on May 8, 2012)DISTRICT 6—BEACH • K.3. WAL-MART REAL ESTATE BUSINESS APPROVED/ 8-1 Y Y Y Y Y Y N A Y Y TRUST for a Conditional Use Permit re CONDITIONED, bulk storage yard at 2021 Lynnhaven AS AMENDED, Parkway DISTRICT 3—ROSE HALL BY CONSENT K.4. WAL-MART REAL ESTATE BUSINESS APPROVED/ 8-1 Y Y Y Y Y Y N A Y Y TRUST for a Conditional Use Permit re CONDITIONED, bulk storage yard at 657 Phoenix Drive AS AMENDED, DISTRICT 6—BEACH BY CONSENT K.5. WAL-MART REAL ESTATE BUSINESS APPROVED/ 8-1 Y Y Y Y Y Y N A Y Y TRUST for a Conditional Use Permit re CONDITIONED, bulk storage yard at 546 First Colonial AS AMENDED Road DISTRICT 6—BEACH K.6. WAL-MART REAL ESTATE BUSINESS APPROVED/ 8-1 Y Y Y Y Y Y N A Y Y TRUST/LAKE GEM II,LLC for a CONDITIONED, Conditional Use Permit re bulk storage AS AMENDED, yard at 1149&1169 Nimmo Parkway BY CONSENT DISTRICT 7—PRINCESS ANNE K.7. RONALD F.GIESIN,JR.,/DOWNS APPROVED/ 9-0 Y Y Y Y Y Y Y A Y Y PROPERTIES,INC.,for a Conditional Use CONDITIONED, Permit re motor vehicle rentals at 519 North BY CONSENT Witchduck Road DISTRICT 4—BAYSIDE K.8. LYNNHAVEN AREA PROPERTIES, APPROVED/ 9-0 Y Y Y Y Y Y Y A Y Y LLC for a Conditional Use Permit re car CONDITIONED, wash and automotive repair establishment BY CONSENT at the northwest corner of Laskin Road and Regency Drive DISTRICT 6—BEACH K.9. Ordinance to AMEND Section 104 of the APPROVED,BY 9-0 Y Y Y Y Y Y Y A Y Y CZO re maximum and minimum CONSENT misdemeanor fines for violations L. APPOINTMENTS: RESCHEDULED B YCON S ENS US BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION COMMUNITY ORGANIZATION GRANT (COG)AND ALLOCATION REVIEW COMMITTEE COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE PERSONNEL BOARD CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/21/2018 PAGE: 4 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U I B P DNOKM H L W O 0 Y L N AO R S 0 T R E E ENS I 0 0 T T R Y S ES N N D PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD 2040 VISION TO ACTION COMMUNITY Appointed: 9-0 Y Y Y Y Y Y Y A Y Y COALITION Kimberley Melnyk Unexpired Term thru 6/30/2019 DEVELOPMENT AUTHORITY Appointed: 9-0 Y Y Y Y Y Y Y A Y Y Taylor Franklin 4 Year Term 9/1/2018-8/31/2022 Appointed: 9-0 Y Y Y Y Y Y Y A Y Y Penny Morgan 4 Year Term 9/1/2018-8/31/2022 Reappointed: 7-2 N Y Y Y Y Y N A Y Y Stephen McNulty 4 Year Term 9/1/2018-8/31/2022 Reappointed: 7-2 NY Y Y Y Y N A Y Y Dorothy Wood 4 Year Term 9/1/2018-8/31/2022 Dane Blythe 2-7 YNNNNN Y A N N Not Appointed Erica Terminello 2-7 YNNNNN Y A N N Not Appointed MILITARY ECONOMIC DEVELOPMENT Appointed: 9-0 Y Y Y Y Y Y Y A Y Y ADVISORY COMMISSION Kathy Owens Unexpired Term thru 2/28/2023 M/N RECESS FORMAL SESSION 7:05 PM ADD RECESS TO CLOSED SESSION 7:06 PM ON RECONVENE FORMAL SESSION 7:51 PM CERTIFICATION CERTIFIED 9-0 Y Y Y Y Y Y Y A Y Y 0 ADJOURNMENT 7:53 PM