04-02-19 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL �Nu,Beq
MAYOR ROBERT M. "BOBBY"DYER,At Large 4.4e'44/ _cyL
VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 O4aa
JESSICA P.ABBOTT,Kempsville-District 217-7/1
BARBARA M.HENLEY,Princess Anne-District 7
LOUIS R.JONES,Bayside-District 4 �`
SHANNON DS KANE,Rose Hall-District 3 yx�
JOHN D.MOSS,At Large '.?`<+,:. 1
VACANT,Beach-District 6 '' "`.
AARON R.ROUSE,At Large
ROSEMARY WILSON,At Large
SABRINA D. WOOTEN,Centerville-District I
CITY HALL BUILDING
CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE
CITY MANAGER-DAVID L.HANSEN CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9005
CITY ATTORNEY MARK D.STILES PHONE:(757)385-4303
CITY ASSESSOR RONALD D.AGNOR April 2, 2019 FAX(757)385-5669
CITY AUDITOR LYNDONS.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com
CITY CLERK AMANDA BARNES
MAYOR ROBERT M. "BOBBY" DYER
PRESIDING
I. CITY MANAGER'S BRIEFINGS - Conference Room- 1:00 PM
A. AQUARIUM PARKING LEASE
Robert Matthias, Assistant to the City Manager for Legislative and Military Affairs
Cynthia Whitbred-Spanoulis, Director—Aquarium, Historic Houses and Museums
B. SUMMER YOUTH PROGRAM
Tiffany Cowell, Youth Opportunities Office Coordinator
C. FY 2019-20 RESOURCE MANAGEMENT PLAN (Budget)
1. HUMAN SERVICES
Dr. Donald Kirtland, Deputy Director—Continuous Quality Improvement
Gailyn Thomas, Deputy Director— Social Services
Aileen Smith, Deputy Director—Behavioral Health/Development Services
2. HEALTH DEPARTMENT
Dr. Demetria Lindsay, Acting Health Director
Paul Brumund, Acting Business Manager
3. HOUSING and NEIGHBORHOOD PRESERVATION
Andrew Friedman, Director
4. OFFICE OF CULTURAL AFFAIRS
Emily Labows, Director
5. AQUARIUM, HISTORIC HOUSES and MUSEUMS
Cynthia Whitbred-Spanoulis, Director
6. PARKS and RECREATION
Michael Kirschman, Director
II. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
V. INFORMAL SESSION - Conference Room - 4:00 PM
A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer
B. CITY COUNCIL ROLL CALL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION - City Council Chamber- 6:00 PM
A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer
B. INVOCATION: Reverend Dr. Prentis McGoldrick
Senior Pastor, Thalia Lynn Baptist Church
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 SESSIONS March 19, 2019
G. MAYOR'S PRESENTATION
1. CHILD ABUSE PREVENTION MONTH
Season Roberts, Executive Director—Court Appointed Special Advocates (CASA)
H. PUBLIC HEARING
1. LEASE OF CITY PROPERTY—OLD COAST GUARD STATION
24th Street and Atlantic Avenue
I. FORMAL SESSION AGENDA
1. CONSENT AGENDA
J. ORDINANCES/RESOLUTIONS
1. Resolution to DIRECT the City Manager to consider Opportunity Zones as a major factor in the
Capital Improvement Program (CIP) (Deferred from March 5, 2019)
2. Resolution to ESTABLISH a 12% aspirational goal re Minority-Owned Business Participation
in City contracts
3. Resolution to DISSOLVE the Virginia Beach Domestic Violence Family Fatality Review
Team and thank the Members for their service.
4. Resolution to ADD a Member to the Virginia Beach Community Policy and Management Team
re representative of the Tidewater Youth Services Commission
5. Ordinance to CONVERT two (2) part-time positions to one (1) full-time position re Police
Department for the Animal Care and Adoption Center and TRANSFER corresponding
positions from part-time to full-time budget unit
6. Ordinance to AUTHORIZE the City Manager to EXECUTE an AMENDED and RESTATED
Agreement between the City and Virginia Aquarium & Marine Science Center Foundation,
Inc., re clarify responsibilities of the parties, provision of support staff, routine repair and
maintenance, disposition of revenue and identifies the location of property utilized for the
Adventure Park
7. Ordinance to ADOPT the 2019 Housing Choice Voucher Annual Agency Plan, including a
revised Administrative Plan; and, AUTHORIZE the City Manager to EXECUTE and SUBMIT
the Plans to the U.S. Department of Housing and Urban Development (HUD)
8. Ordinance to EXTEND the date for satisfying the conditions re closure of an unimproved
portion of Singleton Way, South Witchduck and Princess Anne Roads (approved April 22,
2014)
9. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement with the Virginia
Beach School Board re use of school buses during Something in the Water Festival and
APPROPRIATE $350,000 in estimated reimbursements
10. Ordinances to APPROPRIATE:
a. $39,177 to Blackwater Volunteer Rescue Squad re interest-free loan to purchase
replacement ambulance with required equipment
b. $300,000 to Virginia Beach Volunteer Rescue Squad, Inc., re interest-free loan to
purchase two (2) replacement ambulances
K. PLANNING
1. CLEAR CREEK HOLDINGS,LLC for a Conditional Change of Zoning from R-10 Residential
& I-1 Light Industrial to Conditional I-1 Light Industrial at a vacant parcel off of South Birdneck
Road, approximately 680 feet from Carissa Court re construct three (3) buildings for industrial
office/warehouse units DISTRICT 6—BEACH (Deferred from March 19, 2019)
RECOMMENDATION: APPROVAL
L. APPOINTMENTS
2040 VISION TO ACTION COMMUNITY COALITION
BAYFRONT ADVISORY BOARD
BOARD OF BUILDING CODE APPEALS
—ELECTRICAL DIVISION
—NEW CONSTRUCTION DIVISION
—PLUMBING AND MECHANICAL DIVISION
COMMUNITY POLICY AND MANAGEMENT TEAM
COMMUNITY SERVICES BOARD
DEFERRED COMPENSATION BOARD
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
INVESTIGATIVE REVIEW PANEL
OPEN SPACE ADVISORY COMMITTEE
PUBLIC LIBRARY BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
2019 CITY COUNCIL MEETINGS
Tuesday,April 9 Special Session/Workshop
Tuesday,April 16 Formal Session
Tuesday,April 23 Special Session/Workshop
Tuesday,April 24 Special Session/Public Hearing—Old Donation School
Tuesday,April 30 Special Session/Public Hearing
Tuesday,May 7 Formal Session
Tuesday,May 14 Special Session
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
****************************
04/02/19 jag
MAYOR ROBERT M. "BOBBY" DYER
PRESIDING
I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:00 PM
A. AQUARIUM PARKING LEASE
Robert Matthias, Assistant to the City Manager for Legislative and Military Affairs
Cynthia Whitbred-Spanoulis, Director—Aquarium, Historic Houses and Museums
B. SUMMER YOUTH PROGRAM
Tiffany Cowell, Youth Opportunities Office Coordinator
C. FY 2019-20 RESOURCE MANAGEMENT PLAN (Budget)
1. HUMAN SERVICES
Dr. Donald Kirtland, Deputy Director—Continuous Quality Improvement
Gailyn Thomas, Deputy Director— Social Services
Aileen Smith, Deputy Director—Behavioral Health/Development Services
2. HEALTH DEPARTMENT
Dr. Demetria Lindsay, Acting Health Director
Paul Brumund, Acting Business Manager
3. HOUSING and NEIGHBORHOOD PRESERVATION
Andrew Friedman, Director
4. OFFICE OF CULTURAL AFFAIRS
Emily Labows, Director
5. AQUARIUM, HISTORIC HOUSES and MUSEUMS
Cynthia Whitbred-Spanoulis, Director
6. PARKS and RECREATION
Michael Kirschman, Director
II. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
V. INFORMAL SESSION - Conference Room- 4:00 PM
A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer
B. CITY COUNCIL ROLL CALL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION - City Council Chamber- 6:00 PM
A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer
B. INVOCATION: Reverend Dr. Prentis McGoldrick
Senior Pastor, Thalia Lynn Baptist Church
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 SESSIONS March 19, 2019
G. MAYOR'S PRESENTATION
1. CHILD ABUSE PREVENTION MONTH
Season Roberts, Executive Director—Court Appointed Special Advocates (CASA)
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firotlitmettion
?Whereas (Preventing child abuse and neglect is a community responsi6iuty that depends on
involvement among people throughout the community;and
Whereas Child maltreatment occurs when people find themselves in stressful situations,
without community resources and without coping skiffs;and
Whereas ?Vie majority of child abuse cases stem from situations and conditions that are
preventable in an engaged and supportive community;and
Whereat Aff citizens should become involved in supporting families in raising their children in a
safe,nurturing environment;and
Where= Effective child abuse prevention programs succeed because of partnerships created
among famiaes,social service agencies,schools,faith communities,civic organizations,
law enforcement agencies,and the business community;and-
Whereat
ndWhereas Virginia Beach Court Appointed Special Advocates, Inc. (CASA) is hosting its
(Pinwheels for (Prevention Campaign to coincide with the national Child Abuse
(Prevention afonth activities;and
WVereas Community volunteers have planted 3,000 pinwheels on the fawn of the Juvenile and
(Domestic dations Court to represent the number of children served by the Virginia
Beach CASA office over the past 30 years.
Now,Therefore,I,4jp6ert IL Dyer,9tayorof the City of Virginia Beach,Virginia,do hereby proclaim:
April-2019
Child'Abuse men tion Montfi
In Vtrginia Beach, and call upon all citizens, community agencies,faith groups, medicalfacilities, and
businesses to increase their participation in ourorts to support families, thereby preventing child abuse and
neglect and strengthening the communities in which we live.
In'W"etnus Whereof I have hereunto set my hand and caused the OfficialSeal of the City of Virginia Beach,
Virginia,to 6e affited this SecondDDay ofAprit;Two'Thousand Nineteen.
9,4 1
—_ `Rp6ert 9K. Bo66y'Dyer / —
Mayor
H. PUBLIC HEARING
1. LEASE OF CITY PROPERTY—OLD COAST GUARD STATION
24th Street and Atlantic Avenue
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PUBLIC HEARING
LEASE OF CITY PROPERTY
The Virginia Beach City Council will
hold a PUBLIC HEARING on
Tuesday,April 2,2019 at 6:00 p.m.
in the Council Chamber,City Hall-
Bldg. #1, at the Virginia Beach
Municipal Center. The purpose of
this hearing will be to obtain public
comment on the proposed lease of
the following City-owned property
for the purpose of a maritime
museum:
Approximately 12,000 square
feet, located at 24'^ Street
and Atlantic Avenue, (GPIN
2427-19-4622)together with
the building commonly known
as the `Old Coast Guard
Building"
Any questions concerning this
matter should be directed to the
Dept. of Public Works, Facilities
Management Office, Bldg. 18,
Room 228,(757)385-5659.
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:
TDD only 711(TDD - Telephonic
Device for the Deaf).
All interested parties are invited to
attend.
Amanda Barnes,MMC
City Clerk
BEACON:Sunday,March 24,
2019
I. FORMAL SESSION AGENDA
1. CONSENT AGENDA
J. ORDINANCES/RESOLUTIONS
1. Resolution to DIRECT the City Manager to consider Opportunity Zones as a major factor in the
Capital Improvement Program (CIP) (Deferred from March 5, 2019)
2. Resolution to ESTABLISH a 12% aspirational goal re Minority-Owned Business Participation
in City contracts
3. Resolution to DISSOLVE the Virginia Beach Domestic Violence Family Fatality Review
Team and thank the Members for their service.
4. Resolution to ADD a Member to the Virginia Beach Community Policy and Management Team
re representative of the Tidewater Youth Services Commission
5. Ordinance to CONVERT two (2) part-time positions to one (1) full-time position re Police
Department for the Animal Care and Adoption Center and TRANSFER corresponding
positions from part-time to full-time budget unit
6. Ordinance to AUTHORIZE the City Manager to EXECUTE an AMENDED and RESTATED
Agreement between the City and Virginia Aquarium & Marine Science Center Foundation,
Inc., re clarify responsibilities of the parties, provision of support staff, routine repair and
maintenance, disposition of revenue and identifies the location of property utilized for the
Adventure Park
7. Ordinance to ADOPT the 2019 Housing Choice Voucher Annual Agency Plan, including a
revised Administrative Plan; and, AUTHORIZE the City Manager to EXECUTE and SUBMIT
the Plans to the U.S. Department of Housing and Urban Development (HUD)
8. Ordinance to EXTEND the date for satisfying the conditions re closure of an unimproved
portion of Singleton Way, South Witchduck and Princess Anne Roads (approved April 22,
2014)
9. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement with the Virginia
Beach School Board re use of school buses during Something in the Water Festival and
APPROPRIATE $350,000 in estimated reimbursements
10. Ordinances to APPROPRIATE:
a. $39,177 to Blackwater Volunteer Rescue Squad re interest-free loan to purchase
replacement ambulance with required equipment
b. $300,000 to Virginia Beach Volunteer Rescue Squad, Inc., re interest-free loan to
purchase two (2) replacement ambulances
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CITY OF VIRGINIA BEACH
AGENDA ITEM I
ITEM: A Resolution Directing the City Manager to Consider Opportunity Zones as a Major Factor
in the Capital Improvement Program
MEETING DATE: April 2, 2019
• Background: The Federal Tax Cuts and Jobs Act of 2017 provides tax incentives for
investors who re-invest unrealized capital gains into a designated Opportunity Zone. The City has
eight Opportunity Zones (with Census Tract number):
• 51810000442.00 —Seatack
• 51810000402.00 — Burton Station
• 51810000410.02 —Central Village District
• 51810000456.04— Bonney Road
• 51810000448.06 — Hilltop South of 1-264
• 51810000454.08—Corporate Landing
• 51810000454.07 — Lynnhaven
• 51810000448.05 — Hilltop North of 1-264
The City Council received a briefing on the topic of Opportunity Zones at its Informal Session on
February 19, 2019. As discussed at that briefing there are benefits to investing unrealized capital
gains within certain investment windows. The City Council recognizes that investor decisions will
be influenced by Council's projected investments in public infrastructure in the opportunity zones
and expects investors to propose various forms of city support in the development and funding of
their projects the opportunity zones. Accordingly, the effort to focus on these areas is intended to
allow investors to utilize the optimal investment window offered under federal tax law.
• Considerations: The attached resolution directs the City Manager to consider Opportunity
Zones as a major factor when assembling the upcoming Capital Improvement Program. That
consideration is to be accomplished in three actions. First, the City Manager is directed to develop
a comprehensive list of potential Capital Improvement Projects for public amenities and
infrastructure, specifically road and stormwater improvements, within the Opportunity Zones.
Second, the Manager is to develop uniform policies and procedures for the submission and review
of proposals for private investment contingent on City investment in specific Capital Improvement
Projections within the Opportunity Zones. Third, the Manager is to develop uniform policies and
procedures for the discussion and disposition by council of the proposals as part of the Capital
Improvement Projects' budget development process.
At the March 5, 2019, Formal Session, the Council deferred this item to April 2nd
• Public Information: Public information will be provided through the normal Council
agenda process. The topic of Opportunity Zones was briefed to the Council at its Informal Session
on February 19, 2019. This item was previously on the Council Agenda for March 5, 2019.
• Attachments: Resolution
Originally Requested by Councilmember Nygaard. Deferred to April 2nd by the City Council.
ORIGINALLY REQUESTED BY COUNCILMEMBER NYGAARD, DEFERRED TO
APRIL 2ND BY THE CITY COUNCIL
1 A RESOLUTION DIRECTING THE CITY MANAGER
2 TO CONSIDER OPPORTUNITY ZONES AS A MAJOR
3 FACTOR IN THE CAPITAL IMPROVEMENT
4 PROGRAM
5
6 WHEREAS, the Federal Tax Cuts and Jobs Act of 2017 provides tax incentives
7 for investors who re-invest unrealized capital gains into a designated Opportunity Zone;
8
9 WHEREAS, the City has eight Opportunity Zones;
10
11 WHEREAS, the Council recognizes that in order to maximize the financial
12 benefits of investing in Opportunity Zones time is of the essence;
13
14 WHEREAS, the Council recognizes that investor decisions will be influenced by
15 Council's projected investments in public infrastructure in the Opportunity Zones;
16
17 WHEREAS, the Council expects investors to propose various forms of City
18 support in the development and funding of projects in the Opportunity Zones;
19
20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22
23 That the City Manager is hereby directed to:
24
25 1. Develop a comprehensive list of potential Capital Improvement Projects for
26 public amenities and infrastructure, specifically road and stormwater improvements,
27 within the Opportunity Zones.
28
29 2. Develop uniform policies and procedures for the submission and review of
30 proposals for private investment contingent on City investment in specific Capital
31 Improvement Projections within the Opportunity Zones.
32
33 3. Develop uniform policies and procedures for the discussion and disposition by
34 Council of the proposals as part of the Capital Improvement Projects' budget
35 development process.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of , 2019.
APP D AS TO LEGAL SUFFICIENCY:
City-Attorney's Office
CA14689/R-3/March 26, 2019
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Setting a 12% Aspirational Goal for Minority-Owned Business
Participation in City Contracts
MEETING DATE: April 2, 2019
• Background: In 1995, in furtherance of City Council's commitment to its
established policy of equal opportunity and nondiscrimination in City procurement, City
Council enacted City Code provisions to help ensure that minority-owned businesses
are made aware of City contracting opportunities. At the same time, Council created
the Minority Business Council ("MBC"). Among other things, the MBC was tasked with
providing advice and information to City Council regarding minority participation in City
contracts.
In coordination with the MBC, the City Council adopted a resolution in 2008
setting an aspirational goal of 10% for minority-owned business participation in City
contracts. Early this year, the City received the results from a Disparity Study (the
"Study"). Among other findings, the Study found the appropriate goal for minority-
owned business participation should be 12%. At its March 15, 2019, meeting, the MBC
unanimously voted in favor of supporting a resolution to move the City's aspirational
goal to 12%.
• Considerations: The attached resolution reinforces the Council's commitment
to equal opportunity and nondiscrimination in procurement, and it reaffirms the City's
policy of encouraging the participation of minority-owned businesses in City
procurement activities. To that end, the resolution reestablishes the City's aspirational
goal for minority-owned business participation at 12%. The resolution further directs the
City Manager to make an annual report to the Council providing the fiscal year award
amounts in furtherance of the 12% goal.
• Public Information: Normal Council Agenda process.
• Attachments: Resolution
Requested by Councilmembers Kane, Rouse, and Wooten
Requested by Councilmembers Kane, Rouse, and Wooten
1 A RESOLUTION SETTING A 12% ASPIRATIONAL
2 GOAL FOR MINORITY-OWNED BUSINESS
3 PARTICIPATION IN CITY CONTRACTS
4
5 WHEREAS, City Council is committed to the City's established policy of equal
6 opportunity and nondiscrimination in procurement, and supports economic advancement
7 for all of its citizens;
8
9 WHEREAS, City Council reaffirms the City's policy of encouraging the participation
10 of minority-owned businesses in City procurement activities;
11
12 WHEREAS, in May 2008, City council adopted a resolution establishing a 10%
13 aspirational goal for minority-owned business participation in City contracts;
14
15 WHEREAS, the recently completed Disparity Study found the appropriate goal for
16 the City is 12%
17
18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20
21 That the City Council hereby sets the City's aspirational goal for minority-owned
22 business participation in City contracts at 12%.
23
24 BE IT FURTHER RESOLVED:
25
26 That the City Manager shall make an annual report to the Council providing the
27 fiscal year award amounts in furtherance of the 12% aspirational goal for minority-owned
28 business participation in City contracts.
Adopted by the City Council of the City of Virginia Beach, Virginia, this day of
, 2019.
APPROVED AS TO LEGAL SUFFICIENCY:
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City*torrvey's Office
CA14633
R-2
March 25, 2019
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CITY OF VIRGINIA BEACH
LAGENDA ITEM J
ITEM: A Resolution Dissolving the Virginia Beach Domestic Violence Fatality Review
Team and Thanking Its Members for Their Service
MEETING DATE: April 2, 2019
• Background: The General Assembly, upon the request of a task force of the
Virginia Commission on Family Violence Prevention, adopted legislation designed to
address domestic violence fatalities. The legislation authorizes localities to establish
family violence fatality teams to examine fatal family violence incidents and to create a
body of information to help prevent family violence fatalities. In 2014, at the request of
the Commonwealth's Attorney, and with the recommendation of the City Manager, the
City Council established the Virginia Beach Domestic Violence Fatality Review Team.
Team members included representatives of the Commonwealth's Attorney's Office, the
Virginia Beach Police Department, the Tidewater Medical Examiner's Office, the City's
Department of Social Services, Virginia Beach Community Corrections and Pretrial, the
Office of the City Magistrate, the Commonwealth's Attorney's Victim Witness Office,
Navy Fleet and Family Support Center, Samaritan House, Sentara Norfolk General
Hospital, and CHKD. The Team engaged agencies, organizations and systems that
provide services to victims and perpetrators to identify gaps in system responses and
provide for increased communication and collaboration amongst the agencies involved;
evaluated events that lead to family and intimate partner violence fatalities; and
developed recommendations to benefit the community and improve public safety.
• Considerations: The team has issued its final report based on the team's
review of domestic violence fatalities in the City from 2005 to 2015. The report, a copy
of which is attached, includes key findings and recommendations that have been
implemented or are in the process of being implemented. With the issuance of this
report, the team's work is complete, and the Commonwealth's Attorney's Office has
requested that the team be dissolved. This resolution dissolves the team and thanks its
members for their work and dedication to help prevent family violence fatalities.
• Public Information: Public information will be provided through the normal
Council agenda process.
• Attachments: Resolution and Report.
Recommended Action: Approval
Ilik
Submitting Dep. •m: • . • gency: Commonwealth's Attorney A8
City Manager:
,,1,
1 A RESOLUTION DISSOLVING THE VIRGINIA BEACH
2 DOMESTIC VIOLENCE FATALITY REVIEW TEAM AND
3 THANKING ITS MEMBERS FOR THEIR SERVICE
4 WHEREAS, in 2014, the Commonwealth's Attorney requested, and the City
5 Manager recommended, that the Virginia Beach City Council establish a domestic
6 violence fatality review team (the "Review Team") for Virginia Beach in accordance with
7 Virginia Code § 32.1-283.3, which authorizes localities to establish family violence
8 fatality teams "to examine fatal family violence incidents and to create a body of
9 information to help prevent family violence fatalities"; and
10 WHEREAS, the City Council agreed that establishment of such a Review Team
11 would serve an important public purpose and adopted a resolution establishing such a
12 team for Virginia Beach; and
13 WHEREAS, team members included representatives of the Commonwealth's
14 Attorney's Office, the Virginia Beach Police Department, the Tidewater Medical
15 Examiner's Office, the City's Department of Social Services, Virginia Beach Community
16 Corrections and Pretrial, the Office of the City Magistrate, the Commonwealth's
17 Attorney's Victim Witness Office, Navy Fleet and Family Support Center, Samaritan
18 House, Sentara Norfolk General Hospital, and CHKD's Child Abuse Program; and
19 WHEREAS, the Virginia Beach Domestic Fatality Review Team has issued its
20 final report, based on the team's review of domestic violence fatalities in the City from
21 2005 to 2015, and the report includes key findings and recommendations that have
22 been implemented or are in the process of being implemented; and
23 WHEREAS, with the issuance of this report, the team's work is complete, and the
24 Commonwealth's Attorney's Office has requested that the team be dissolved.
25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA, THAT:
27 1. The City Council hereby receives the Virginia Beach Domestic Violence Fatality
28 Review Team Final Report, and with the team's work now completed, hereby
29 dissolves the team.
30 2. The City Council thanks the members of the team for their hard work and
31 dedication to help prevent family violence fatalities.
32 Adopted by the Council of the City of Virginia Beach, Virginia on the
33 day of 2019.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
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Commonwealth's Attorney's Office City A orn' 's Office
CA14716
R-1
March 19, 2019
Virginia Beach
Domestic Violence Fatality Review Team
Final Report
January 2019
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S OF OUR N \ONS
A
Review of Domestic Violence Fatalities
Virginia Beach, Virginia
2005-2015
1
TABLE OF CONTENTS
Acknowledgements 3
Mission Statement and Purpose ..4
Findings and Recommendations 6
References 9
Appendices
Executive Summary I
Virginia Statute Regarding Fatality Review Teams .II
Confidentiality Agreement
Council Resolution Authorizing the Team IV, V
Aggregate Case Facts Data Collection Form VI
2
ACKNOWLEDGMENTS
The Virginia Beach Domestic Violence Fatality Review Team is grateful to the Virginia Beach
City Council and the leaders of our participating agencies for providing us with the opportunity
to convene and review domestic violence-related fatalities in the city.
The following individuals have generously given their time and expertise by serving as members
of the Virginia Beach Domestic Violence Fatality Review Team:
Corey Burdin, Victim Witness Caseworker II, Office of the Commonwealth's Attorney Victim
Witness Office
Thomas Cahill, Virginia Beach Office of the Magistrate
Patrick Connolly, Deputy Commonwealth's Attorney, Virginia Beach Office of the
Commonwealth's Attorney
Toni Fox,Navy Fleet and Family Support Center, NAS Oceana
Pat Harris, Lieutenant, Virginia Beach Police Department, Detective Bureau
Angela Hicks, DHS Mental Health and Substance Abuse Division/Crisis Management
Sharon Jones, Virginia Beach Community Corrections and Pretrial
Laura Kaiser, Captain, Virginia Beach Police Department, Detective Bureau
Dr. Elizabeth Kinnison, Medical Examiner, Tidewater Medical Examiner's Office
Angie Laing, Forensic Nurse Examiner Program Coordinator, Sentara Norfolk General Hospital
Carter McKay, Community Outreach Supervisor, Children's Hospital of The King's Daughters,
Child Abuse Program
Haley Raimondi, Samaritan House
Maryanne Richards, Child Protective Services, City of Virginia Beach
Larissa Sutherland, Samaritan House
Laura Tsai, Virginia Beach Office of the Magistrate
James Woods, City Council, Virginia Beach City Council
3
Mission Statement
The Virginia Beach Domestic Violence Fatality Review Team's mission is to enhance the
coordinated agency and community response to violence and decrease future domestic
violence/intimate partner fatalities. The team is committed to reviewing the events and
circumstances of past domestic violence related deaths, identifying gaps in services, making
recommendations, and forming intervention initiatives to improve the Virginia Beach
community's response to violence.
Objectives for the Virginia Beach Domestic Violence Fatality Review Team are:
1. To assess findings, gather data, identify trends, and provide recommendations from
fatality reviews to decrease the incidence of domestic and intimate partner violence and
fatalities.
2. Provide protective and safety measures for victims and hold offenders accountable.
3. Identify and address gaps and barriers to services.
4. Promote communication between agencies to improve the response and coordination of
services to victims of family and intimate partner violence.
Enacted by the Virginia General Assembly in 1999, the Code of Virginia § 32.1-283.3 appeals
for"Any county or city, or combination of counties, cities, or counties and cities, may establish a
family violence fatality review team to examine fatal family violence incidents and to create a
body of information to help prevent future family violence fatalities".'
31% of homicides in 2014 in Virginia were related to family and intimate partner violence.
Established in 2014, the Virginia Beach Domestic Violence Fatality Review Team (VBDVFRT)
reviewed five family and intimate partner violence fatality cases, resulting in six deaths that
occurred between 2005 and 2015. According to the Virginia State Police's Crime in Virginia
4
Reports, there were a total of 189 murders/non-negligent manslaughters in the city of Virginia
Beach from 2005 to 2015.
Comprised of representatives from various city agencies and community organizations, the
VBDVFRT is a multi-agency, interdisciplinary collaboration of professionals created to examine
homicides, suicides, and homicide-suicides of family and intimate partner related cases.
The team met quarterly to review and evaluate domestic violence-related fatalities, analyze and
identify any system gaps, recognize areas of success and make improvements to decrease the
incidence of family and intimate partner violence and death in the city of Virginia Beach. 'v
Team members presented and discussed any information, data, court documents, investigation
reports, photographs, and media reports regarding each case. The information discussed in each
case was confidential, pursuant to the Code of Virginia § 32.1-283.3 section (f).° VBDVFRT
members signed a confidentiality agreement form to not disclose any information or material
discussed or reviewed in meetings and case reviews. The VBDVFRT presented its final report
based on information gathered between 2005 and 2015.
The City of Virginia Beach
Virginia Beach is the largest city in the Commonwealth of Virginia. In 2016, the estimated
population for the City of Virginia Beach is 452,602 containing 166,242 households." Located
in the southeastern corner of Virginia, it hosts abundant wildlife preserves and parks. It is
surrounded by 38 miles of the Chesapeake Bay and Atlantic Ocean beaches and boasts a vibrant
and popular resort area offering a wide range of activities for residents and visitors. Town
Center, a vibrant urban development located in the heart of Virginia Beach's Central Business
District, features a mix of restaurants, retail, office and luxury residential units, entertainment,
and a public plaza. Virginia Beach is home to 3 military bases, NAS Oceana, NAB Little Creek,
FTC Dam Neck and the U.S. Army's Fort Story. Virginia Beach also has the nation's largest
volunteer prehospital emergency medical services that respond to over 44,000 emergency calls
each year.
5
Highlights/Key Findings from Reviews:
The Virginia Beach Domestic Violence Fatality Review Team conducted extensive reviews of
five family and intimate partner violence-related fatalities that occurred between 2005 and 2015.
The following are the prominent findings from the team's review:
• All victims except one were white.
• All victims except two were current or former partners.
• All perpetrators except for one had a history of psychiatric problems.
• All perpetrators except two had access to firearms.
• All victims except for one did not seek help from agencies or community systems that
provided service(s). Even in cases in which the victims had previously called police.
Recommendations Implemented or In Progress:
Based on the team findings, the VBDVFRT recognized both a need and an opportunity to reach
out to agencies, community, and nonprofits in the area and provide education and resources to
them, raising awareness of domestic violence. The recommendations can be used to
create better systems, policies, and procedures to decrease domestic violence-related homicides.
Professional Training
• Training of law enforcement, court personnel, first responders, service providers and the
community should include information better identifying victims at risk and connecting
victims and family members to community-based providers and domestic violence
advocacy services.
• Increase the awareness of lethality risk factors to include separation. Be aware of the
risks associated with separation and include question(s) about it on the lethality risk
assessment. Separation can include verbal statements the victim has made about leaving
6
a relationship to filing for divorce. Victims who have either separated or plan to separate
from a violent partner are at greater risk for harm and/or serious injury.
• Education and outreach about domestic/intimate partner violence should be made to
vulnerable populations such as older adults, minorities, persons with disabilities, persons
with mental health issues, and the LGBT community.
• Increase the response to families impacted by domestic violence who represent a wide
range of religious, cultural, and ethnic (including the military) backgrounds.
Systems Coordination and Improvement
The Samaritan House has since implemented initiatives where:
• a victim advocate is stationed in the Juvenile Domestic Relations Court to represent
victims in the court setting.
• they enhanced their Coordinated Crisis Response Hotline to include a registration number
to provide better tracking of victim calls and data.
• they continue to educate agencies, courts, service providers, and the community about the
dynamics of domestic violence and stalking, including indicators of lethality, and the
significance of community involvement in prevention of these crimes.
The Virginia Beach Police Department(VBPD) has already implemented the Lethality
Assessment Protocol (LAP) in February 2017.
• The LAP is a collaboration between VBPD and a victim advocacy group such as the
Samaritan House in situations where a police officer responding to the scene of a
domestic violence incident utilizes a brief lethality assessment screen to identify victims
at high risk of homicide, increase prevention and decrease the incidence violence.
• If a victim is deemed as a high risk based on the lethality screen, the officer put the
victim in telephone contact with an advocate from Samaritan House.
• The Samaritan House or victim advocate provides the victim with safety planning,
advocacy, and referral for services.
Sentara Healthcare Emergency Departments based in Virginia Beach and Norfolk require staff to
have yearly training in domestic violence screening and the management of those at risk and are
victims of violence.
7
The Samaritan House, VBPD, and participating agencies hold the Coordinated Crisis Response
Team meetings on the first Tuesday every other month to identify any gaps or improvement of
services, keeping each other informed and up-to date with new practices, emerging trends, and
changing the culture in the response to victims of violence.
One of the greatest values of having a fatality review are the lessons learned from
reviewing these tragic fatalities, and how these lessons can improve agency and community
responses. The VBFRT report is a document that is used to provide information to the public,
agencies, and organizations that can have influence in having its recommendations supported and
used as a vehicle to promote social change. Reports from fatality reviews prove to be an
excellent tool to provide a more accurate view of domestic and intimate partner violence and
lethality assessment issues for responding agencies, advocacy services, and the community.
8
References
'Va. Code Section 32.1-283.3(c)
Family and Intimate Partner Homicide Surveillance Project,Va. Dept. of Health,Office of the
Chief Medical Examiner, November, 2016.
"'http://www.vsp.state.va.us/downloads/Crime in Virginia/Crime in Virginia 2015.pdf
iv http://www.vdh.virginia.gov/medical-examiner/fatality-review-surveillance-programs-reports/domestic-violence-
fatality-review/
Va.Code Section 32.1-283.3(f)
"https://www.census.gov/quickfacts/fact/table/virginiabeachcityvirginia,US/PST045216
9
Go
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Adding a Member to the City of Virginia Beach Community Policy
and Management Team
MEETING DATE: April 2, 2019
• Background: In 1992, the General Assembly enacted The Comprehensive
Services Act for At-Risk Youth and Families ("CSA") to create a coordinated system of
services and funding to meet the needs of troubled youth and their families and at-risk
children. That same year, the City Council by resolution established the City of Virginia
Beach Community Policy and Management Team ("CPMT") to receive CSA funds and
implement the mandates of the CSA.
The Tidewater Youth Services Commission is a regional public agency created in 1978
to coordinate needed services for children that works in close partnership with
departments of social services and juvenile courts throughout Hampton Roads to offer a
continuum of community-based therapeutic services.
• Considerations: A representative of the commission serves as a member of the
CPMTs of most other Hampton Roads localities, and Virginia Beach's CPMT would
benefit by having a representative of the Tidewater Youth Services Commission serve on
the team. This resolution, which is supported by the City's CPMT, would add a
representative of the commission to the City's CPMT. The representative would not be
subject to term limits but, like all members of the CPMT, would serve at the pleasure of
the City Council.
• Public Information: Public information will be provided through the normal
Council agenda process.
• Attachments: Resolution
Recommended Action: Approval
Submitting Dep- ; iency: Human Services
City Manager:
1 A RESOLUTION REGARDING THE CITY OF VIRGINIA
2 BEACH COMMUNITY POLICY AND MANAGEMENT TEAM
3 WHEREAS, the 1992 Virginia General Assembly enacted The Comprehensive
4 Services Act for At-Risk Youth and Families ("CSA") to create a coordinated system of
5 services and funding to meet the needs of troubled youth and their families and at-risk
6 children;
7
8 WHEREAS, also in 1992, the City Council by resolution established the City of
9 Virginia Beach Community Policy and Management Team to receive CSA funds and
10 implement the mandates of the CSA;
11
12 WHEREAS, the Tidewater Youth Services Commission is a regional public agency
13 created in 1978 to coordinate needed services for children that works in close partnership
14 with departments of social services and juvenile courts throughout Hampton Roads to
15 offer a continuum of community-based therapeutic services; and
16
17 WHEREAS, the City's Community Policy and Management Team would benefit by
18 having a representative of the Tidewater Youth Services Commission serve on the team.
19
20 NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF
21 VIRGINIA BEACH:
22 That the City of Virginia Beach Community Policy and Management Team shall
23 include a representative of the Tidewater Youth Services Commission, and this
24 representative shall not be subject to term limits but shall serve at the pleasure of the City
25 Council.
26 Adopted by the Council of the City of Virginia Beach, Virginia on the day
27 of 2019.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Department of Human Services City Attor y's Office
CA14721
R-1
March 20, 2019
/ Gil"niAFl
i_ 52)
s�
CITY OF VIRGINIA BEACH
AGENDA ITEM .1
ITEM: An Ordinance to Convert Two Part-Time Positions to One Full-Time Position in
the Police Department for the Animal Care and Adoption Center and to Make a
Corresponding Budget Transfer
MEETING DATE: April 2, 2019
• Background: In order to conduct medical procedures, the Virginia Beach Animal
Care and Adoption Center (ACAC) requires the presence of both a veterinarian and a
licensed veterinary technician. Presently, the ACAC has one full-time veterinarian, one
full-time licensed veterinary technician, and one part-time veterinary technician.
Together, these staff members conduct about 2,000 surgeries per year.
The Police Department has requested the reclassification of the part-time veterinary
technician position to a full-time position. The current part-time position is vacant, and
recruitment efforts to fill this position have been unsuccessful. In two separate attempts
to fill the vacancy, zero applicants that met the position's minimum qualifications were
identified. In a highly competitive job market, the part-time nature of this position is not
conducive to the recruitment of qualified applicants. Therefore, converting the current
part-time position to a full-time position will enhance recruitment efforts. Conversion to a
full-time veterinary technician will also address workload challenges that presently
exists in the ACAC's veterinary suite regarding the volume of animals that require
medical care.
• Considerations: In order to fund this position, the Police Department proposes
the conversation of one part-time position to one full-time position and the elimination of
another part-time position. The part-time position intended to be converted is the
existing part-time veterinary technician position and a vacant part-time office assistant
within the Police Department's Special Operations division is to be eliminated. Together,
these part-time positions equal 1.3 FTEs. They would be replaced by 1 full-time
veterinary technician for a net reduction of 0.3 FTEs. The attached ordinance will
transfer funds from the Police Department's part-time salary accounts to their full-time
salary accounts that will fully fund this conversion for the remainder of FY 2018-19.
• Public Information: Normal Council Agenda process.
• Recommendations: Adopt the attached ordinance.
• Attachments: Ordinance
Recommended Action: Approval
Submitting De. - . - • Agency: Police Department
City Manager: 1
1 AN ORDINANCE TO CONVERT TWO PART-TIME
2 POSITIONS TO ONE FULL-TIME POSITION IN THE
3 POLICE DEPARTMENT FOR THE ANIMAL CARE AND
4 ADOPTION CENTER AND TO MAKE A CORRESPONDING
5 BUDGET TRANSFER
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA THAT:
9
10 1) In the Virginia Beach Police Department's Fiscal Year 2018-19 Operating Budget,
11 one veterinary technician part-time position is hereby converted to a full-time
12 position. In addition, one part-time office assistant position is hereby eliminated.
13
14 2) The total positional count in the Virginia Beach Police Department's Fiscal Year
15 2018-19 Operating Budget is hereby reduced by 0.3 FTEs.
16
17 3) $10,000 in the Police Department's Fiscal Year 2019-20 Operating Budget is
18 transferred from Part-Time Salary accounts to Full-Time Salary accounts.
19
20 Adopted by the Council of the City of Virginia Beach, Virginia on the day
21 of 2019.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
( (t '•
Budget & Management Services ) City Porn- 's Office
CA14717
R-1
March 20, 2019
GNU'
1.1
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Authorizing the City Manager to Execute an Amended and
Restated Agreement Between the City of Virginia Beach and the Virginia
Aquarium & Marine Science Center Foundation, Inc.
MEETING DATE: April 2, 2019
• Background: The Virginia Aquarium & Marine Science Center Foundation, Inc.
("Foundation") was organized and chartered as a private non-stock corporation on
October 29, 1981 with a tax exempt status under section 501 (c)(3) of the Internal
Revenue Code. The Foundation was formed, and has functioned for many years, for the
purpose of supporting the Virginia Aquarium & Marine Science Center ("Aquarium") and
its programs, assisting in the identification, acquisition and construction of exhibits for the
Aquarium, providing financial support for the Aquarium, and inspiring conservation of the
marine environment through education, research and sustainable practices.
In 2002, the City and the Foundation (collectively, "parties") entered into an
Operating Agreement and a Memorandum of Understanding for the purpose of
memorializing the relationship between the parties. The Operating Agreement and the
Memorandum of Understanding expired in 2012. In 2012, the parties executed a new
Agreement. The Agreement was subsequently amended in 2013, 2014 and 2017.
• Considerations: The City and the Foundation desire to enter into an Amended
and Restated Agreement for the purpose of consolidating and updating the provisions of
the 2012 Agreement and the three amendments thereto. Specifically, the Amended and
Restated agreement clarifies the responsibilities of the parties, including operating
procedures, the provision of support staff, and routine repair and maintenance, addresses
the disposition of revenue, and correctly identifies the location of the property utilized for
the Adventure Park. A summary of the terms of the Agreement is attached to the
Ordinance.
• Public Information: The public will be informed through the normal agenda
process.
• Attachments: Ordinance, Summary of Terms and Disclosure Statement
Recommended Action: Adopt Ordinance
Submitting De•art - • Agency: Department of Aquarium, Historic Houses and
Museums
City Manager:
I
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
2 EXECUTE AN AMENDED AND RESTATED AGREEMENT
3 BETWEEN THE CITY AND THE VIRGINIA AQUARIUM &
4 MARINE SCIENCE CENTER FOUNDATION, INC.
5
6 WHEREAS, the Virginia Aquarium & Marine Science Center Foundation, Inc.
7 ("Foundation") was organized and chartered as a private non-stock corporation on
8 October 29, 1981 with a tax exempt status under section 501 (c)(3) of the Internal
9 Revenue Code; and
10
11 WHEREAS, the Foundation was formed, and has functioned for many years, for
12 the purpose of supporting the Virginia Aquarium & Marine Science Center ("Aquarium")
13 and its programs, assisting in the identification, acquisition and construction of exhibits
14 for the Aquarium, providing financial support for the Aquarium, and inspiring
15 conservation of the marine environment through education, research and sustainable
16 practices; and
17
18 WHEREAS, in 2002, the City and the Foundation (collectively, "parties") entered
19 into an Operating Agreement and a Memorandum of Understanding for the purpose of
20 memorializing the relationship between the parties; and
21
22 WHEREAS, the Operating Agreement and the Memorandum of Understanding
23 expired in 2012; and
24
25 WHEREAS, in 2012, the parties executed a new Agreement; and
26
27 WHEREAS, the Agreement was subsequently amended in 2013, 2014 and 2017;
28 and
29
30 WHEREAS, the City and the Foundation now desire to consolidate and update
31 the provisions of the 2012 Agreement and the three amendments thereto and to enter
32 into an Amended and Restated Agreement; and
33
34 WHEREAS, specifically, the Amended and Restated agreement clarifies the
35 responsibilities of the parties, including operating procedures, the provision of support
36 staff, and routine repair and maintenance, addresses the disposition of revenue, and
37 correctly identifies the location of the property utilized for the Adventure Park.
38
39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
40 VIRGINIA BEACH, VIRGINIA:
41
42 That the City Manager is hereby authorized to execute an Amended and
43 Restated Agreement between the City and the Virginia Aquarium & Marine Science
44 Center Foundation, Inc., provided the terms of the Amendment are in substantial
45 conformity with the summary attached hereto, and in a form deemed satisfactory by the
46 City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2019.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
D partment of•Aq arium, Historic City's Attorney's O 6e
Houses and Museums
CA14715
R-1
March 20, 2019
SUMMARY OF TERMS
Amended and Restated Agreement Between the City of Virginia Beach and The Virginia Aquarium and
Marine Science Center Foundation,Inc. ("Agreement")
Parties: City of Virginia Beach("City")
Virginia Aquarium and Marine Science Center Foundation, Inc. ("Foundation")
Purpose: To memorialize the rights and responsibilities of each party; to consolidate and update
provisions of the 2012 Agreement and subsequent amendments. This Agreement supersedes
and replaces 2012 Agreement and all amendments thereto.
Term: Agreement commences in April 2019 and continues until April 2024;absent termination,after
expiration of initial term,Agreement automatically renews for five year terms.
Key Terms:
• City Manager,Director of Aquarium,Executive Director of Foundation. City is the owner and operator
of buildings, grounds, and facilities known as Virginia Aquarium & Marine Science Center
("Aquarium"). City Manager responsible for administration of Agreement. Director responsible for
administering and coordinating activities and functions of Aquarium. Director also serves as Executive
Director of Foundation with no voting rights. Executive Director provides support staff to Foundation
for publicity and fundraising and is accountable to Foundation for care of animals owned by Foundation.
Foundation may pay Executive Director a stipend not to exceed $4800 annually. Director and other
employees of the City may perform support functions for the Foundation.
• New or Expanded Exhibits. Foundation shall not contract for new or expanded exhibits without first
obtaining approval of Director.
• Promotional Efforts/Funds and Grants. City and Foundation may engage in joint promotional efforts,
including marketing and solicitation of funds through grants. Funds or grants received by City shall not
be appropriated to Foundation unless directed by ordinance adopted by City Council.
• Disposition of Revenue
1. Aquarium Store-Operated and maintained by the City. City retains all revenue from Aquarium
Store except for revenue received directly from sale of Foundation merchandise.
2. Memberships- The City retains all revenue from the sale of basic memberships. A
Conservation Society membership is offered. The Foundation retains the portion of the revenue
from the Conservation Society membership that exceeds the cost of the basic membership.
3. Third Party Use of the Aquarium-Foundation pays the City 25%of gross revenues received by
Foundation from use of Aquarium by third parties for private functions.
4. Admission Tickets and Theater Tickets- City retains all revenue from the sale of admission
tickets to the Aquarium and theater tickets. Foundation receives revenue from any surcharge
added to normal admission charges covering admission to temporary exhibits obtained by
Foundation, sale of Foundation sponsorship opportunities, and tickets to concessions, events,
activities and programs.
5. Food and Beverage Service, Boat Trips, Photo Concessions, Adventure Park- Foundation
retains all revenue it receives from food and beverage service, boat trips, photo concessions
and Adventure Park activities.
6. Salaries for Certain Employees- Foundation reimburses the City quarterly for cost of salaries
paid by the City to City employees who provide services to Aquarium or programs sponsored
by Foundation. Cost of salaries paid by City employees performing certain support functions
shall be paid by the City without reimbursement by Foundation.
• Capital Improvement Projects. Jointly funded capital improvement projects included in the City's
capital improvement budget must be memorialized in an executed agreement between the City and the
Foundation.
• Attractions and Concessions. Foundation responsible for operation and maintenance of all attractions
(recreational, educational, or entertainment activity or amenity offered to public for a fee) and
concessions. Foundation is authorized to use a portion of City property for outdoor recreational
attractions("Park and Entertainment Land"). Foundation is responsible for operation and maintenance
of the Adventure Park. Foundation may request to expand its authorized use of the Park and
Entertainment Land,but request is subject to sole discretion of the City Manager. City may develop a
portion of the Park and Entertainment Land as a Coastal Conservation Garden.
• Asset Acquisition, Repairs and Maintenance. City to operate and maintain Aquarium. City to repair,
at its sole expense,the Aquarium buildings. Foundation continues to pay City 35%of current lease for
the Marine Animal Conservation Center building. When construction of new Marine Animal
Conservation Center building is completed, City will be owner of new building and will be solely
responsible for repair and maintenance of the new building. City pays for routine maintenance and
repair of Aquarium exhibits up to $5,000/single repair. Foundation pays for repair, maintenance and
replacement of exhibits to extent the cost exceeds $5,000. Foundation pays cost of acquiring,
maintaining,repairing,replacing and fueling Foundation-assets(motor vehicle, watercraft,trailers and
other equipment). Foundation to provide City with documentation confirming required asset
maintenance.
• Ownership or Upgrade of Exhibits. Foundation owns all animals and permanent exhibits. Foundation
funds upgrading of permanent exhibits,acquisition of new animals, and new exhibits.
• Office Space, Supplies and Equipment. City provides Foundation with office space and supplies in
Aquarium building. City provides Foundation, through City employees, with administrative,
accounting and financial services.
• Financial and Records. Foundation to provide an audited financial report to the City annually. All
Foundation records and financial information to be maintained and stored separate from City records.
• Insurance. City to provide insurance coverage for the Foundation, including:
(1) liability arising from, and physical damage to, exhibits owned by Foundation; (2) liability arising
from ownership or use of motor vehicles and trailers owned by Foundation; (3) liability arising out of
activities funded or conducted by or under auspices of the Foundation by City employees; and(4) loss,
injury or death of live animals, to extent cumulative value of loss exceed$10,000.
The Foundation or its contractor shall maintain public liability insurance covering liability arising from
operation and maintenance of Adventure Park with policy limits not less than $2 million combined
single limit per occurrence. Policy shall name City as additional insured. Foundation shall, in all
contracts related to Adventure Park, include language requiring contractors to indemnify and hold the
City harmless.
• Modification. Agreement may only be modified by writing, executed by both parties.
2
DISCLOSURE STATEMENT FORM
The completion and submission of this form is required for all applications
wherein such applicant may utilize certain service providers or financial
institutions, and the City seeks to know of the existence of such
relationships in advance of any vote upon such application.
SECTION 1 / APPLICANT DISCLOSURE
Organization name: Virginia Aquarium & Marine
Science Center Foundation, Inc.
SECTION 2. SERVICES DISCLOSURE
Are any of the following services being provided in connection with the applicant? If
the answer to any item is YES, please identify the firm or individual providing the
service:
YES NO SERVICE PROVIDER (use additional sheets if
needed)
El 0 Accounting and/or preparer of
your tax return BDO USA, LLP
Financial Services (include TowneBank, Union Bank, Old
Er E lending/banking institutions and Point National Bank, PNC,
current mortgage holders as BB&T
applicable)
William M. Macali
❑ Legal Services Attorney-at-Law
Waypoint Advisors, Merrill
127 E Broker/Contractor/Engineer/Other Lynch, Sodexo Operations,
Service Providers LLC., Photogenic, Inc.,
Rover Dolphin Tours, LLC.
CERTIFICATION:
I certify that all of the information contained in this Disclosure Statement Form is
complete, true, and accurate.
I understand I am responsible for updating the information provided herein if it
chair ges rior to the Council action upon this Application.
1
CX
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—APP`LICANT'S SIG ATURE PRINT NAME DATE'
M;
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Adopt the 2019 Housing Choice Voucher Annual Agency Plan,
including a Revised Administrative Plan, and to Authorize the City Manager to
Execute and Submit the Plans to the U.S. Department of Housing and Urban
Development
MEETING DATE: April 2, 2019
• Background: The City's Department of Housing and Neighborhood Preservation
("DHNP") operates the federally-funded Housing Choice Voucher Program ("HCV
Program"), formerly known as the Section 8 Program. The U.S. Department of Housing
and Urban Development("HUD") requires agencies that operate HCV programs to submit
(1) a Five Year Agency Plan, (2) an Annual Agency Plan for each fiscal year in which
federal funding is received for its HCV program, and (3) an HCV Administrative Plan.
• Considerations: A Five Year Agency Plan was adopted in 2015 and is currently
in force, so no action on that is needed this year. The purpose of the Annual Agency Plan
is to update HUD on DHNP's progress in achieving the goals in the Five Year Plan, and
the Plan also describes the organization of the HCV Program including details of the
strategies employed in satisfying affordable rental housing needs in the City. The DHNP
is also required by HUD to include certifications demonstrating DHNP's compliance with
applicable laws, and HUD rules and regulations.
In regard to the HCV Administrative Plan, this document details the policies and
procedures that govern the day-to-day operation of the HCV Program. The previously
approved Administrative Plan has undergone revision and is included for approval in this
ordinance request. The approved plan must be electronically submitted to HUD no later
than April 15, 2019.
• Public Information: Public information will be provided through the normal
Council agenda process. A copy of the referenced plans is available for public inspection
at the Office of the City Clerk. Proposed plan revisions were advertised on February 28.
A public hearing was held on March 5th to allow public input on the revisions to the
Administrative Plan.
• Recommendations: Adopt the attached ordinance.
• Attachments: Ordinance, Executive Summary, Summary of Administrative Plan
Changes
Recommended Action: Approval ��
Submitting D- • -rtm- I t/Agency: � I & Neighborhood Preservation
City Manager.
-------
1 AN ORDINANCE TO ADOPT THE 2019 HOUSING CHOICE
2 VOUCHER ANNUAL AGENCY PLAN, INCLUDING A
3 REVISED ADMINISTRATIVE PLAN, AND TO AUTHORIZE
4 THE CITY MANAGER TO EXECUTE AND SUBMIT THE
5 PLANS TO THE U.S. DEPARTMENT OF HOUSING AND
6 URBAN DEVELOPMENT
7
8 WHEREAS, the City's Department of Housing and Neighborhood Preservation
9 ("DHNP") operates the federally-funded Housing Choice Voucher Program ("HCV
10 Program"), formerly known as the Section 8 Program;
11
12 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD")
13 requires agencies that operate HCV programs to submit (1) an Annual Agency Plan for
14 each fiscal year in which DHNP receives federal funding for its HCV Program; and (2) a
15 revised Administrative Plan, as applicable;
16
17 WHEREAS, the purpose of the Annual Agency Plan is to update HUD on the
18 DHNP's progress in achieving the goals stated in the Five-Year Plan;
19
20 WHEREAS, the purpose of the Administrative Plan is to describe in detail the
21 operational procedures of the HCV program in DHNP;
22
23 WHEREAS, the DHNP is also required by HUD to include a certification in the Five
24 Year Agency and Annual Plan demonstrating DHNP's compliance with applicable laws,
25 and HUD rules and regulations, in order to continue to operate the HCV program;
26
27 WHEREAS, an Executive Summaries of the Annual Plan and a Summary of
28 Administrative Plan Changes is attached hereto, and a copy of all Plans are on file with
29 the City Clerk.
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
32 VIRGINIA BEACH, VIRGINIA:
33
34 That DHNP's Annual Plan and Administrative Plan for the Housing Choice Voucher
35 Program are hereby approved, provided such plans conform in all material aspects to the
36 Executive Summary and Summary of Administrated Plan Changes attached hereto; and
37
38 That the City Manager is hereby authorized to execute and submit the Annual Plan
39 and any certifications regarding such plan or the Administrative Plan to the U.S.
40 Department of Housing and Urban Development.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of , 2019.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
i
ilrii
2 L ---
Housin•l& -'ghborhood Preservation City , or y's Office
CA14720
R-1
March 20, 2019
Executive Summary
2019 Housing Choice Voucher—Annual and Administrative Plans
Department of Housing and Neighborhood Preservation
April 2, 2019
Federally Required Plans for the Housing Choice Voucher Program
The Department of Housing &Neighborhood Preservation (DHNP) operates the federal
Housing Choice Voucher Program (HCV) in the city. The program provides funding for
rental subsidies for over 2,000 households in Virginia Beach and in some cases in
neighboring cities. Funding for the HCV program is from the U.S. Department of
Housing and Urban Development. In order to comply with all Federal requirements for
this program, the city must establish policy and procedures to ensure consistency in
program operation and adopt the following plans:
Plan Name Summary Purpose and Status
Content
Five Year Provides long term guidance This plan was developed
Agency Plan for the program and adopted by Council in
2015.
Annual Agency Describes the agency's plan Developed by staff and
Plan for the current year, proposed for adoption by
consistent with the five year Council with this ordinance
plan
Administrative Describes in detail how the Amendments have been
Plan HCV program will operate developed by staff and are
proposed for adoption by
Council with this ordinance
Pursuant to 24 CFR 982.54 the VBDHNP must adopt a written administrative plan that
establishes local policies for administration of the (HCV) program in accordance with
HUD requirements. The administration plan and any revisions of the plan must be
formally adopted by the City Council. This is required because Virginia Beach does not
have a housing authority and, therefore no board of commissioners. The administrative
plan states VBDHNP's policy on matters for which the VBDHNP has discretion to
establish local policies. The plan must be in accordance with HUD regulations and
requirements. The current administrative plan was approved by the Virginia Beach City
Council on April 5, 2018 and subsequently submitted to the Department of Housing and
Urban Development. The administrative plan is the key attachment to the HCV Five
Year and Annual Agency Plans which are also submitted by the VBDHNP.
CONTENTS OF THE PLAN
Federal regulations 24 CFR 982.54 further stipulate the VBDHNP administrative plan
must cover VBDHNP policies on the following subjects:
1
Executive Summary
2019 Housing Choice Voucher— Annual and Administrative Plans
Department of Housing and Neighborhood Preservation
April 2, 2019
• Selection and admission of applicants from the DHNP waiting list, including any
DHNP admissions preferences, procedures for removing applicant names from
the waiting list, and procedures for closing and reopening the DHNP waiting list
(Chapter 4);
• Issuing or denying vouchers, including DHNP policy on governing the voucher
term and any extensions or suspensions of the voucher term. "Suspension" means
stopping the clock on the term of a family's voucher after the family submits a
request for "approval of the tenancy" (Chapter 8);
• Any special rules for use of available funds when HUD provides funding to the
DHNP for special purpose (e.g. continuum of care), including funding for
specified families or specified category of families (Chapter 4);
• Occupancy polices, including definition of what group of persons may qualify as
a"family", definition of when a family is considered to be "continuously
assisted", standards for denying admissions or terminating assistance based on
criminal activity or alcohol abuse in accordance with 982.553 (Chapters 5 and
15);
• Encouraging participation by owners of suitable units located outside of areas of
low income(Chapter 1);
• Assisting a family that claims that illegal discrimination has prevent the family
from leasing a suitable unit (Chapter2);
• Providing information about a family to prospective owners (Chapters 3 and 9);
• Disapproval of owners (Chapter 13);
• Subsidy standards (Chapter 5);
• Family absence from the dwelling unit (Chapter 12);
• How to determine who remains in the program is a family breaks up (Chapter 12);
• Informal review procedures for applicants (Chapter 18);
• Informal hearing procedures for participants (Chapter 16);
• The process for establishing and revising voucher payment standards (Chapter 8);
2
Executive Summary
2019 Housing Choice Voucher—Annual and Administrative Plans
Department of Housing and Neighborhood Preservation
April 2, 2019
• The method of determining reasonable rent to owners (Chapter 11);
• Special policies concerning special housing types in the program (e.g. use of
shared housing) (Chapter 4);
• Policies concerning debts owed by families to DHNP (Chapter 17);
• Interim re-determinations of family income and composition (Chapter 12);
• Restrictions on the number of moves by a participant family(Chapter 13);
• Approval by the board of commissioners or other authorized officials to charge
the administrative fee reserve (Chapter 1);
• Procedural guidelines and performance standards for conducting required housing
quality standard inspections (Chapter 10); and
• DHNP screening of applicants for family behavior or suitability for tenancy
(Chapter 2)
Additional Detail on Plan Contents
Annual Agency Plan: This plan must be submitted annually. The plan as developed by
staff contains the following information:
- Eligibility, selection and admissions policies, including de-concentration and wait
list procedures
- Financial resources
- Rent determination procedures
- Operations and management
- Grievance procedures
- Self-sufficiency programs (FSS)
- Civil rights certifications
- Fiscal year audit
- Housing needs for the area
- Strategy for meeting housing needs
- Progress in meeting mission and goals
- Any significant amendment and substantial deviations or modifications
- Any plan elements that have been revised since the last Annual Plan certification
- A listing of the locations where key elements of the Plan can be found
3
Executive Summary
2019 Housing Choice Voucher—Annual and Administrative Plans
Department of Housing and Neighborhood Preservation
April 2, 2019
As mentioned, many of the above requirements are contained in documents that are
maintained in the offices of DHNP. Those documents and their location can merely be
cited rather than included in this plan.
In addition to City Council adoption of the 2019 Agency Plan, there must also be
approval of two HUD required certifications. The first certification is HUD Form 50077
which speaks to DHNP's compliance with various program and statutory requirements
including Fair Housing, Title VI or the Civil Rights Act of 1964, Section 504 of the
Rehabilitation Act, ADA regulations and various other federal laws. The second
certification is HUD Form 50077-s1 which states that the Housing Choice Voucher
Agency Plan is consistent with the City's Consolidated Plan, and is previously cited.
On February 28, 2019, the Annual Plan Update was made available to the public for the
required 45-day review period. A public hearing was held on March 5, 2019, in
conjunction with our resident advisory board meeting. Their comments will be attached
to the final HUD submittal along with any that are received from the general public.
The approved Annual Agency Plan along with the two required certifications must be
electronically submitted to HUD no later than April 15, 2019, which is the required 75
days before the beginning of our City Fiscal Year of July 1, 2019.
Administrative Plan:
Staff has developed revisions to the 2019 plan. Primary differences between the prior
plan and this proposed revision are as follows:
• Format, grammatical and organizational corrections.
• Revisions to ensure the plan reflect actual day-to-day operations of VBDHNP's
Rental Housing Division.
• Update language to include the use of the Income Verification Tool (IVT) as part
of the process to determine household income (Chapter 7).
• Includes a change in language removing the requirement to execute a new lease
and housing assistance payment contract as when a change in property ownership
occurs (Chapter 16).
• Include an insertion of language to communicate the creation of the Price Street
Apartments Waiting List (Chapter 19).
• The addition of the ADA preference and Youth preference (18 to 24) as part of
the Single Room Only(SRO)/Homeless waiting list (Chapter 19).
These proposed revisions were advertised and made available along with the Annual Plan
as noted above.
4
2019 Summary of HCV Administrative Plan Changes
Location Topic Change/Issue Reason
Chapter 7-1 Upfront Income Update language to Realignment of policy
Verification Procedures Verification include the use of the to match HUD
IVT(Income requirement(reference
verification Tool) as PIH Notice 2018-18)
part of completing an
annual/interim review
Chapter 11-3, C. Rent Reasonable Update Rent Realignment of policy
Owners Rent, Rent Determination Reasonable language to match HUD
Reasonable, Payment to perform requirement(reference
Standards determinations from PIH Notice 2018-01)
5%to 10% reduction in
FMRs.
Chapter 11-4, D Payment Standards Update payment Realignment of policy
standard range to match HUD
allowing DHNP to requirement (reference
update FMS with 90 to PIH Notice 2018-01)
120%of FMR
Chapter 16-4 Change of ownership Revised language to Reduce the potential
stipulate the required burden to the tenant.
documents to accept a
change of ownership
without the execution
of a new contract or
lease
Chapter 19-28 SRO/Homeless Revised the preference The Youth and ADA
Project Based Voucher Preference update matrix to include preference allows the
"Homeless Youth" and HRC to support the
"ADA", and rescored special vulnerable
the matrix placing population.
chronically homeless as Additionally veterans
the highest preference, have access to various
and veterans as the resources for housing
lowest. to include SSVF,
existing PBVs and
VASH.
Chapter 19-30 Price Street Waiting Added the Price Street Update the
List Waiting List language administrative plan
to include established
preferences.
Chapter 19-39 Right to Move Revised policy Reduces administrative
requiring a project burden.
based voucher holder
to wait a year before
placement again on the
mobility waiting list if
they do not utilize
tenant based voucher
at the time of issuance.
CITY OF VIRGINIA BEACH
AGENDA ITEM 1
ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of
Closing an Unimproved Portion of Singleton Way (Formerly Princess Anne
Road), S. Witchduck Road (Formerly Kempsville Road) and Princess Anne
Road (Relocated) Adjacent to the North, East, and Southeast Sides of the
Parcel Identified as GPIN: 1466-78-3845 (PARCEL "D")
MEETING DATE: April 2, 2019
• Background:
As part of the Princess Anne Road / Kempsville Road Intersection Improvements
Project, CIP 2-048 and Witchduck Road Phase I, CIP 2-931, the City of Virginia
Beach (the "Applicant") altered the alignment of each of these roadways, and the
intersection was relocated to the south of the former location. A portion of
Kempsville Road, south of the former intersection is now known as S. Witchduck
Road. Additionally, with the shift of Princess Anne Road to the south, the portion
of Princess Anne Road to the west of the former intersection is now known as
Singleton Way.
On April 22, 2014, by Ordinance ORD-3345B, City Council approved the
Applicant's request to close portions of the above streets, subject to the following
conditions being met by April 22, 2015:
1. The City Attorney's Office will make the final determination regarding
ownership of the underlying fee.
2. The City will ensure that the properties are subdivided such that the internal
lot lines are vacated and the closed areas are incorporated into the adjoining
parcels. The plat(s) must be submitted and approved for recordation prior to
final street closure approval.
3. The City shall verify that no private utilities exist within the rights-of-way
proposed for closure. If private utilities do exist, easements satisfactory to the
utility company must be provided.
4. Closure of the rights-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 vote to close the rights-of-way,
this approval shall be considered null and void.
On April 21, 2015, the Applicant requested and was granted an extension of time
to satisfy the conditions to April 22, 2016 (Ordinance ORD-3404C). On April 19,
2016, the Applicant requested and was granted an additional extension of time to
satisfy the conditions to April 22, 2017 (Ordinance ORD-3448D). On April 18,
2017, the Applicant requested and was granted an additional extension of time to
satisfy the conditions to April 22, 2019 (Ordinance ORD-3499D).
The Applicant is now requesting additional time to satisfy the conditions. Staff
concludes that the request for two additional years to satisfy the conditions is
reasonable.
The adjacent site at the intersection is currently being marketed by the Economic
Development Department. The land proposed for closure will be incorporated
into the adjacent site. The extension will allow the City time to negotiate with
potential buyers and/or perform a resubdivision.
• Recommendations:
Allow an extension of two years for satisfaction of the conditions.
• Attachments:
Ordinance
Location Map
Recommended Action: Approval
Submitting Departure gency: Planning Department 0
City Manager:c5ct: :: /.7_77..„_.
1 AN ORDINANCE EXTENDING THE DATE FOR
2 SATISFYING THE CONDITIONS IN THE MATTER
3 OF CLOSING AN UNIMPROVED PORTION OF
4 SINGLETON WAY (FORMERLY PRINCESS ANNE
5 ROAD), S. WITCHDUCK ROAD (FORMERLY
6 KEMPSVILLE ROAD) AND PRINCESS ANNE
7 ROAD (RELOCATED) ADJACENT TO THE
8 NORTH, EAST, AND SOUTHEAST SIDES OF THE
9 PARCEL IDENTIFIED BY GPIN: 1466-78-3845
10 (PARCEL "D")
11
12 WHEREAS, on April 22, 2014, City Council acted upon the application of
13 the City of Virginia Beach (the "Applicant") for the closures of portions of Singleton Way
14 (formerly Princess Anne Road), S. Witchduck Road (formerly Kempsville Road) and
15 Princess Anne Road (Relocated), as shown on Exhibit A attached hereto;
16
17 WHEREAS, City Council approved (by Ordinance ORD-3345B) the
18 closure of the aforesaid unimproved portions of Singleton Way, S. Witchduck Road and
19 Princess Anne Road, subject to certain conditions being met on or before April 22,
20 2015;
21
22 WHEREAS, on April 21, 2015, the Applicant requested and was granted
23 (by Ordinance ORD-3404C) an extension of time to April 22, 2016, to satisfy the
24 conditions attached to the aforesaid street closure action;
25
26 WHEREAS, on April 19, 2016, the Applicant requested and was granted
27 (by Ordinance ORD-3448D) an extension of time to April 22, 2017;
28
29 WHEREAS, on April 18, 2017, the Applicant requested and was granted
30 (by Ordinance ORD-3499D) an extension of time to April 22, 2019; and
31
32 WHEREAS, the Applicant has requested an additional two years
33 extension of time to satisfy the conditions attached to the aforesaid street closure
34 action.
35
36 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
37 Virginia Beach, Virginia:
38
39 That the date for meeting conditions of closure as stated in the Ordinance
40 adopted on April 22, 2014 (ORD-3345B), upon application of the City of Virginia Beach,
41 is extended to April 22, 2021.
42
43 Adopted by the Council of the City of Virginia Beach, Virginia, on this day
44 of , 2019.
GPIN: Right-of-way/ no GPIN assigned
Adjacent to GPIN: 1466-78-3845
APPROVED AS TO LEGAL APPROVED AS TO CONTENT:
SUFFICIENCY:
01-
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City At ney U Planning D art
CA 14640
.vbgov.comDFSI Applications CityLawProd,cycom32 Wpdocs D010 P024 00273220.DOC
R-1
March 13, 2019
EXHIBIT A —I
NOTES: AREA OF PROPOSED STREET CLOSURE 'D-1'
1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF (28,095 SQ. FT., 0.645 AC.)
PROPOSED RIGHT-OF-WAY CLOSURES AND INDEPENDENT
OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT
INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. (�.Q4.47- -�
2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS R,y�c- `ryi� V
PROPERTY. A=88.85' 446? R� PRA/ qR ii'/Ay
R=77250' (�NSo P c9)(4/E'ss qN^'F~ SAY
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- 1041 42.35' 135232M W A, A=38.15'
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R=1122.50' ,V1'3%-:' ' p =24'58'55"
° =5'19'43" N 8lira a 6`
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PRINCESS ANJE ROAD
(RELOCATED) N VAR R/W N 49'39'32" W 4.00'
(/NST 20090519000553070)(INST 20091019001219680) A=45.15' S 40'20'28" W 31.26' '
(INST 20100203000113230)(/NST 20100409000329350) R=43.50' AREA OF PROPOSED STREET CLOSURE D-2
(INST 20100507000436780)(M.B. 114, P. 21) ° =59'27'51"
(1,931 SQ. FT., 0.044 AC.)
STREET CLOSURE EXHIBIT SHEET 1 OF 1
OF A
28,095 SQ. FT. (0.645 AC.) PORTION OF SINGLETON WAY
(FORMERLY PRINCESS ANNE ROAD) AND S. WITCHDUCK ROAD (RTE 190)
AND A
1,931 SQ. FT. (0.044 AC.) PORTION OF PRINCESS ANNE ROAD
(RELOCATED) AND S. WITCHDUCK ROAD (RTE 190)
(FVBUC RIGHT-OP-1►LT!XINST No 20130915000305320)
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CITY OF VIRGINIA BEACH
AGENDA ITEM 1
ITEM: An Ordinance to Authorize the City Manager to Execute an Agreement with the
Virginia Beach School Board and to Appropriate Miscellaneous Revenue
MEETING DATE: April 2, 2019
• Background: The Something in the Water Festival (the "Festival") will be held
during the last weekend of April. The City's public safety personnel have made
preparations for large numbers of visitors, and much like a holiday weekend, the
efficient movement of people will be necessary to maintain public safety and good
order. To meet these demands, the Festival operator will need to make use of multiple
transportation providers. One of the possibilities that may supplement the demand for
moving people efficiently and safely is the use of the school buses of the Virginia Beach
City Public Schools (VBCPS). The Virginia Code permits the school board to enter into
an agreement with a local governing body for the use of school buses for public
purposes. The same section of law says such agreement must provide for reimbursing
the school board for the costs attributable to the use of the buses, and the local
governing body must indemnify and hold the school board harmless from any and all
liability related to the use of such buses. The Virginia Beach School Board has a policy
(Policy 7-52) that mirrors the requirements of the Virginia Code, and this policy provides
additional granularity as to the calculation of the costs attributable to the use of the
buses.
• Considerations: The Festival has agreed to reimburse the City for all of the
costs associated with the school bus agreement, and those reimbursement obligations
will be memorialized in an agreement between the Festival and the City. At this time,
the amount of the estimated cost is $170,984, but that attached ordinance provides an
appropriation number with a substantial contingency, which recognizes (i) the exact
amount will not be known until the completion of the event and (ii) the Festival is
committed to reimbursing all of the costs.
In addition to the appropriation, the attached ordinance authorizes the City Manager to
execute an agreement with the Virginia Beach School Board. This agreement will
comport with the requirements of the applicable laws and School Board policy.
Additionally, the agreement will clearly provide that: (a) the bus drivers shall only
volunteers and not be required to perform the shifts required for the agreement; (b) the
inside of the buses be cleaned and inspected at the conclusion of the agreement by a
supervisor or third party; (c) there is a placard that discloses the ongoing video
monitoring from the interior bus cameras. In regard to the hold harmless, the City's Risk
Manager has proposed coverages for the buses during the duration of the agreement
consistent with the City's coverage methodology for City assets. To wit, the City would
self-insure up to $450,000 for damage to any school bus, and if the liability exceeds $2
million, the City would use its surplus policy.
• Public Information: Normal City Council agenda process.
• Recommendations: Adopt the attached ordinance.
• Attachments: Ordinance; Virginia Code § 22.1-182; School Board Policy 7-52
Recommended Action: Approval
Submitting Dep ent/Agency: Office of the City Manager
City Manager: , _ \�°�,� _---
1 AN ORDINANCE TO AUTHORIZE THE CITY
2 MANAGER TO EXECUTE AN AGREEMENT WITH
3 THE VIRGINIA BEACH CITY PUBLIC SCHOOLS AND
4 TO APPROPRIATE MISCELLANEOUS REVENUE
5
6 WHEREAS, the safe and efficient movement of people is a public purpose; and
7
8 WHEREAS, Virginia law allows a local governing body to enter into an agreement
9 with the local school board to use school buses; and
10
11 WHEREAS, the Something in the Water Festival has committed to reimburse the
12 City for the actual costs of the use of school buses
13
14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
15 VIRGINIA, THAT:
16
17 1. The City Council hereby authorizes the City Manager or designee to execute
18 an agreement with the Virginia Beach School Board consistent with the
19 requirements set forth in § 22.1-82 of the Code of Virginia and Policy 7-52 of
20 the School Board for the use of school buses during the Something in the Water
21 Festival, provided the agreement is approved for legal sufficiency by the City
22 Attorney and the agreement provides the bus drivers are to be volunteer only,
23 the buses are cleaned and inspected by a third party or supervisor at the
24 conclusion of the Festival, and there will be a placard disclosing the video
25 monitoring from the interior bus cameras.
26
27 2. $350,000 in estimated reimbursement from the Something in the Water Festival
28 is hereby appropriated, with miscellaneous revenue increased accordingly, for
29 the costs associated with the agreement for use of school buses, provided the
30 City Manager or designee is directed to reduce this appropriation and the
31 estimated revenue to the amount of the total costs of the agreement authorized
32 in #1, supra, when the amounts are known and the work completed.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of , 2019.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
V
B dget and Management Services City Attorney's office
CA14722
R-3
March 28, 2019
Code of Virginia
Title 22.1. Education
Chapter 12. Pupil Transportation
§ 22.1-182. Use of school buses for public purposes
The school board of any school division may enter into agreements with the governing body of
any county, city or town in the school division, any state agency or any agency established or
identified pursuant to United States Public Law 89-73 or any law amendatory or supplemental
thereto providing for the use of the school buses of such school division by such agency or by
departments, boards, commissions or officers of such county, city or town for public purposes,
including transportation for the elderly. Each such agreement shall provide for reimbursing the
school board in full for the proportionate share of any and all costs, both fixed and variable, of
such buses incurred by such school board attributable to the use of such buses pursuant to such
agreement. The governing body, state agency or agency established or identified pursuant to
United States Public Law 89-73 or any law amendatory or supplemental thereto shall indemnify
and hold harmless the school board from any and all liability of the school board by virtue of use
of such buses pursuant to an agreement authorized herein.
Code 1950, § 22-151.2; 1973, c. 368; 1975, c. 633; 1980, c. 559.
The chapters of the acts of assembly referenced in the historical citation at the end of this section
may not constitute a comprehensive list of such chapters and may exclude chapters whose
provisions have expired.
1 3/22/2019
School Board of the City of Virginia Beach
Policy 7-52
COMMUNITY RELATIONS
Use of School Board Equipment: Use of School Buses
A.Eligible Organizations
In accordance with applicable law,the following organizations may enter into a contract for the use of school
buses provided the request is approved by the School Division:
1. State government agencies;
2. Local government agencies;
3. Agencies organized under Public Law 89-73 (Older Americans Act of 1965); and
4. Non-profit community organizations serving the mentally and/or physically disabled.
B.Contractual Arrangements
The School Board shall enter into a written contract with the eligible agency covering,but not limited to,the
following:
1. A Hold Harmless Agreement with the eligible agency that indemnifies and holds harmless the School
Board from any and all liability of the School Board by virtue of use of such school buses.
2. The School Board shall be reimbursed for the operational cost,excluding drivers'salary and
depreciation,on a mileage basis at the rate as reported on the Virginia Board of Education
Transportation Report for the preceding year.
3. The School Board shall be reimbursed for the cost of the drivers'salary at the actual rate per hour paid
plus 16 percent to cover fixed charges and administrative expense.
4. The School Board shall be reimbursed for depreciation of the capital expenditure based on the actual
cost of the vehicle with a life expectancy of 100,000 miles.
5. Only regular employees of the School Board and employees of the City of Virginia Beach approved
by the Superintendent,licensed to drive school buses,will be permitted to drive.
Legal Reference:
Code of Virginia§22.1-182,as amended. Use of school buses for public purposes.
Editor's Note:
See also Attorney General's Opinion February 7, 1984". . .A school board lacks the authority,aside from the
instances specifically set forth in§ 22.1-182 ,and referred to above,to permit the use of its school buses by a
civic,eleemosynary or charitable group for transportation to the group's functions."
Adopted by School Board: October 20, 1992
Amended by School Board:May 17, 1994
Amended by School Board:August 19,2014
C tA 7,
�tNIABEA ,.
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•'-4i
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEMS: An Ordinance to Appropriate Funds to Provide an Interest-Free Loan to the
Blackwater Volunteer Rescue Squad for the Purchase of a New Ambulance
MEETING DATE: April 2, 2019
• Background: The ten volunteer rescue squads in the City of Virginia Beach
provide invaluable services to our community. The volunteer rescue squads own all the
ambulances providing emergency medical transportation services in the City of Virginia
Beach. They receive no direct tax funding for their operating costs to provide these
services and do not charge patients for the medical treatment and/or transportation
services rendered. The primary source of revenue for the volunteer rescue squads is
through their individual squad fund drives, conducted annually.
Depending on the availability of funds, the City provides some financial support for the
rescue squads, such as providing standard equipment for the ambulances, physical
facilities and spaces to house and support equipment and personnel, paying utility bills
for facilities housing a rescue squad, providing or paying for property and liability
insurance for facilities used to operate the volunteer emergency medical transport,
providing or paying for fuel for ambulances, zone cars and other emergency service
vehicles, providing or paying for insurance covering ambulances and other emergency
service and support vehicles owned by the rescue squads, providing adequate staff and
budget for volunteer EMS recruitment and retention programs, providing initial and
continued training and education of volunteers, and providing shift supervision.
The City of Virginia Beach has historically provided short-term, no-interest loans to the
volunteer rescue squads servicing our citizens. The majority of these loans have been to
provide initial capital for the acquisition of replacement ambulances.
The Blackwater Volunteer Rescue Squad (BVRS) is requesting an interest-free loan of
$39,176.80 from the City to purchase a new ambulance to replace an ambulance that has
exhausted its useful service life.
• Considerations: This agenda request includes a letter from BVRS requesting the
City to provide this loan. If approved by Council, the BVRS loan is $39,176.80 and is
payable in five equal annual payments of $7,835.36, with the first payment due on April
15, 2020.
• Public Information: Normal Council agenda notification process.
• Alternatives: The alternative to this request is for the squad to pursue a business
loan from a private financial institution, which will be costlier.
• Recommendations: Adopt the attached ordinance.
• Attachments: Ordinance; Loan Agreement; Promissory Note; Request Letter
Recommended Action: Approval
Submitting Departme• . A •ency: Department of Emergency Medical Services At_
City Manager: hopiiii,„\
1 AN ORDINANCE TO APPROPRIATE FUNDS AND TO
2 PROVIDE AN INTEREST-FREE LOAN TO THE
3 BLACKWATER VOLUNTEER RESCUE SQUAD, INC., FOR
4 THE PURCHASE OF A NEW AMBULANCE
5
6 WHEREAS, the Blackwater Volunteer Rescue Squad, Inc., (BVRS) has requested
7 an interest free loan of $39,177 to purchase a replacement ambulance with required
8 equipment.
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12
13 1. That $39,177 is hereby appropriated from the fund balance of the General
14 Fund for an interest-free loan to the BVRS for the purchase of a replacement
15 ambulance; and
16
17 2. That this loan is to be repaid by the BVRS over five (5)years, pursuant to the
18 terms of the attached agreement and promissory note.
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
, 2019.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
) /
Budget and Management Services Cit _ f or y's Office
CA14719
R-1
March 20, 2019
Agreement between the City of Virginia Beach and
the Blackwater Volunteer Rescue Squad, Inc.
THIS AGREEMENT is made and entered into this day of , 2019, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Blackwater Volunteer Rescue
Squad, Inc., a Virginia non-stock corporation ("RESCUE SQUAD"), in accordance with the provisions of
Code of Virginia §§ 27-15.2 and 27-23.6.
WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical
services within the City of Virginia Beach; and
WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified
volunteer personnel and equipment to provide emergency medical services, and
WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in
Virginia Beach provided by the RESCUE SQUAD; and
WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to
enter into this agreement to render support and services to one another in accordance with these terms.
WITNESSETH
For and in consideration of the mutual promises and covenants set forth herein, and for other
valuable consideration related to the acquisition of vehicles,the parties enter into the following agreement
as defined below:
RESPONSIBILITIES OF THE CITY
A. Provide a no interest loan for the purchase of the vehicle(s).
B. Provide standardized equipment required for operations within the City including,but not
limited to mobile communications devices,pagers, and map books.
C. Provide or pay for insurance covering emergency service and support vehicles owned by
the RESCUE SQUAD.
D. Provide fuel for the vehicle.
E. Provide all vehicle maintenance and inspection services, including payment of the annual
maintenance fee, in support of the vehicle(s) through the CITY's Division of Automotive Services, so
long as the vehicle(s) remain CITY-insured. The Division of Automotive Services shall maintain
maintenance records and allow the RESCUE SQUAD's officers access to those records.
RESPONSIBILITIES OF THE RESCUE SQUAD
A. The RESCUE SQUAD shall repay the loan for the vehicle(s)according to the Promissory
Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount
should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30
days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six
months upon a written determination that the extension is the result of extenuating circumstances. No
more than one extension shall be granted without authorization from the City Council.
B. If the vehicle(s) be sold, after satisfying all conditions of the loan, including repayment,
the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle(s),
1
unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-
owned equipment.
C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE
SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all
maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain
the vehicle(s) in accordance with the manufacturer's recommended maintenance schedule and procedures.
The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops
that are acceptable to the EMS Chief
DEFAULT AND MODIFICATION
A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole
discretion agree to a modification of this agreement, in accordance with the modification procedure set
forth in the next subsection. If the parties do not agree in writing to a modification of this agreement,
then, upon default of the loan, ownership of the vehicle(s) shall revert to the CITY. The CITY shall
provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the
vehicles and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree
upon the fair market value of the vehicle(s), the parties shall select a third party who is acceptable to both
the CITY and the RESCUE SQUAD to determine the fair market value of the vehicle(s).
B. This agreement may be reviewed at any time upon the direction of the City Manager.
Each party must agree in writing to any subsequent modifications.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first
above written.
BLACKWATER
CITY OF VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC.
City Manager/Authorized Designee By:
Title: Date
ATTEST:
City Clerk
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Virginia Beach EMS Chief City Attorney's Office
APPROVED AS TO RISK MANAGEMENT:
Virginia Beach Risk Management
2
PROMISSORY NOTE
$39,176.80 Virginia Beach, Virginia
April, 2019
FOR VALUE RECEIVED, Blackwater Volunteer Rescue Squad, Inc. ("Maker") promises to
pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center,
Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of
THIRTY NINE THOUSAND ONE HUNDRED SEVENTY SIX DOLLARS AND EIGHTY CENTS
($39,176.80) together with interest thereon.
From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO
Percent (0%) per annum.
Payment on principal shall be as follows:
On or before April 15, 2020 - $7,835.36
On or before April 15, 2021 - $7,835.36
On or before April 15, 2022 - $7,835.36
On or before April 15, 2023 - $7,835.36
On or before April 15, 2024 - $7,835.36
This note may be prepaid in whole or in part without penalty. Any such prepayments shall be
applied to principal.
If the Noteholder has not received the full amount of the annual payment by the end of 15
calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of
the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly
but only once on each late payment.
If Maker does not pay the full amount of each annual payment on the date it is due, Maker will
be in default, and the entire principal amount hereof, together with all accrued interest and late charges,
shall become immediately due and payable at the option of the Noteholder. Failure to exercise this
option upon any default shall not constitute or be construed as a waiver of the right to exercise such
option subsequently.
Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on
the ground of any extension or extensions of the time for payment or of the due dates of this note, the
release of any parties who are or may become liable heron, in whole or in part, before or after maturity,
with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers,
sureties, guarantors and assumers hereof It is further agreed by each of the foregoing parties that they
will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this
obligation or any part hereof is not paid when due.
WITNESS the following signature(s).
Blackwater Volunteer Rescue Squad, Inc.
(SEAL)
Title: Date:
010
104
r `. VO ki:,`t $LIE SQUAD,144.40t
600�0 B.aCkIf#TEr ^_ i VI; Ir.i Bati;Ci1, trgi4lia 2357
11
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Chief Ed Brazle
Virginia Beach Department of EMS
4160 Virginia Beach Blvd
Virginia Beach, VA 23452
Dear Chief Brazle:
I am writing on behalf of the Blackwater Volunteer Rescue Squad (BVRS) to
request a no-interest loan from the City of Virginia Beach. The loan will be used
for the purchase of a new ambulance for our rescue squad. The new ambulance
will be a replacement for Ambulance 1321, a 2001 Ford E-450 Wheeled Coach
ambulance. This ambulance has exceeded the recommended service life of a
primary 911 response unit and was identified by the City Garage as due for
replacement. We also need to replace Ambulance 1 321 to provide a safer and
more reliable emergency medical transport service to the residents of the City.
We hope to have our new unit, Ambulance 1 320, in service by early summer.
The total cost of the new ambulance is $237,884.00. On July 1, 201 8, our agency
was awarded an 80/20 grant of $176,407.20 through the Rescue Squad
Assistance Fund (RSAF) from the Virginia Office of Emergency Medical Services. In
addition, our agency was awarded $22,300.00 from the Virginia Beach Rescue
Squad Foundation during December 2017. Therefore, we already acquired
funding for $198, 707.20 towards the replacement ambulance cost.
In order to complete our purchase, our agency still needs $39,176.80. BVRS is
requesting a non-interest loan for this remaining amount, with repayment occurring
in five annual installments of $7,835.36. To assist with repayment, we increased
our fundraising efforts during the past two fiscal cycles to protect future financial
stability.
BVRS appreciates the guidance and opportunities for financial assistance
provided by the Department of EMS as we work together to improve our service
to the citizens. If you need any further information, please contact me via the
contact information below. Thank you for your consideration of our request.
Sincerely,
Eric Hoyt Anna Mick
Squad Commander President
757-286-2269 757-427-1789
erichoyt@cox.net abdonahu@sentara.com
DISCLOSURE STATEMENT FORM
4
•
The completion and submission of this form is required for all applications
wherein such applicant may utilize certain service providers or financial
Institutions, and the City seeks to know of the existence of such relationships in
advance of any vote upon such application.
Organization name:
Blackwater Volunteer Rescue Squad, Inc.
Are any of the following services being provided in connection with the applicant? If
the answer to any item is YES, please identify the firm or individual providing the
service:
YES NO SERVICE PROVIDER (use additional sheets if
needed)
Accounting and/or preparer of Sandy Reverley, Reverley Associates, 109
your tax return Wimbledon Square SG, Chesapeake, VA 23320
Financial Services (include
lending/banking institutions and ABNB Federal Credit Union, 830
V current mortgage holders as Greenbrier Cir, Chesapeake VA 23320
applicable)
✓ Legal Services
CERTIFICATION:
I certify that all of the information contained in this Disclosure Statement Form is
complete,true, and accurate.
I understand I am responsible for updating the information provided herein if it
changes prior to the Council actionup1 this Application.
X dop
APPLICANT'S SIGNATURE
Eric Hoyt 03 / 05 / 2019
PRINT NAME DATE
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CITY OF VIRGINIA BEACH
AGENDA ITEM J
ITEMS: An Ordinance to Appropriate Funds and to Provide an Interest-Free Loan to the
Virginia Beach Volunteer Rescue Squad, Inc., for the Purchase of Two New
Ambulances
MEETING DATE: April 2, 2019
• Background: The ten volunteer rescue squads in the City of Virginia Beach
provide invaluable services to our community. The volunteer rescue squads own all the
ambulances providing emergency medical transportation services in the City of Virginia
Beach. They receive no direct tax funding for their operating costs to provide these
services and do not charge patients for the medical treatment and/or transportation
services rendered. The primary source of revenue for the volunteer rescue squads is
through their individual squad fund drives, conducted annually.
Depending on the availability of funds, the City provides some support costs for the rescue
squads, such as providing standard equipment for the ambulances, physical facilities and
spaces to house and support equipment and personnel, paying utility bills for facilities
housing a rescue squad, providing or paying for property and liability insurance for
facilities used to operate the volunteer emergency medical transport, providing or paying
for fuel for ambulances, zone cars and other emergency service vehicles, providing or
paying for insurance covering ambulances and other emergency service and support
vehicles owned by the rescue squads, providing adequate staff and budget for volunteer
EMS recruitment and retention programs, providing initial and continued training and
education of volunteers, and providing shift supervision.
The City of Virginia Beach has historically provided short-term, no-interest loans to the
volunteer rescue squads servicing our citizens. The majority of these loans have been to
provide initial capital for the acquisition of replacement ambulances.
The Virginia Beach Volunteer Rescue Squad (VBVRS) requests an interest-free loan of
$300,000 from the City to purchase two new ambulances to replace ambulances that
have exhausted their useful service lives.
• Considerations: This agenda request includes a letter from VBVRS requesting
the City to provide this loan. If approved by Council, the VBVRS loan is $300,000 and is
payable in five equal annual payments of$60,000, with the first payment due on April 15,
2020.
• Public Information: Normal Council agenda process.
■ Alternatives: The alternative to this request is for the squad to pursue a business
loan from a private financial institution, which will be costlier.
• Recommendations: Adopt the attached ordinance.
• Attachments: Ordinance; Loan Agreement; Promissory Note; Request Letter
Recommended Action: Approval
Submitting Depart gency: Department of Emergency Medical Services 614,„
City Manager:
� ) •
1 AN ORDINANCE TO APPROPRIATE FUNDS AND TO
2 PROVIDE AN INTEREST-FREE LOAN TO THE VIRGINIA
3 BEACH VOLUNTEER RESCUE SQUAD, INC., FOR THE
4 PURCHASE OF TWO NEW AMBULANCES
5
6 WHEREAS, the Virginia Beach Volunteer Rescue Squad, Inc., (VBVRS) has
7 requested an interest free loan of$300,000 to purchase two replacement ambulances with
8 required equipment.
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12
13 1. That$300,000 is hereby appropriated from the fund balance of the General
14 Fund for an interest-free loan to the VBVRS for the purchase of two
15 replacement ambulances; and
16
17 2. That this loan is to be repaid by the VBVRS over five (5) years, pursuant to
18 the terms of the attached agreement and promissory note.
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
, 2019.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
, , / ,42
Budget and Management Services City Attorney's Office
CA14718
R-1
March 20, 2019
Agreement between the City of Virginia Beach and
the Virginia Beach Volunteer Rescue Squad, Inc.
THIS AGREEMENT is made and entered into this day of , 2019, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Virginia Beach Volunteer
Rescue Squad, Inc., a Virginia non-stock corporation ("RESCUE SQUAD"), in accordance with the
provisions of Code of Virginia §§ 27-15.2 and 27-23.6.
WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical
services within the City of Virginia Beach; and
WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified
volunteer personnel and equipment to provide emergency medical services, and
WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in
Virginia Beach provided by the RESCUE SQUAD; and
WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to
enter into this agreement to render support and services to one another in accordance with these terms.
WITNESSETH
For and in consideration of the mutual promises and covenants set forth herein, and for other
valuable consideration related to the acquisition of vehicles,the parties enter into the following agreement
as defined below:
RESPONSIBILITIES OF THE CITY
A. Provide a no interest loan for the purchase of the vehicle(s).
B. Provide standardized equipment required for operations within the City including,but not
limited to mobile communications devices,pagers, and map books.
C. Provide or pay for insurance covering emergency service and support vehicles owned by
the RESCUE SQUAD.
D. Provide fuel for the vehicle.
E. Provide all vehicle maintenance and inspection services, including payment of the annual
maintenance fee, in support of the vehicle(s) through the CITY's Division of Automotive Services, so
long as the vehicle(s) remain CITY-insured. The Division of Automotive Services shall maintain
maintenance records and allow the RESCUE SQUAD's officers access to those records.
RESPONSIBILITIES OF THE RESCUE SQUAD
A. The RESCUE SQUAD shall repay the loan for the vehicle(s) according to the Promissory
Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount
should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30
days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six
months upon a written determination that the extension is the result of extenuating circumstances. No
more than one extension shall be granted without authorization from the City Council.
B. If the vehicle(s) be sold, after satisfying all conditions of the loan, including repayment,
the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle(s),
1
unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-
owned equipment.
C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE
SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all
maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain
the vehicle(s) in accordance with the manufacturer's recommended maintenance schedule and procedures.
The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops
that are acceptable to the EMS Chief.
DEFAULT AND MODIFICATION
A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole
discretion agree to a modification of this agreement, in accordance with the modification procedure set
forth in the next subsection. If the parties do not agree in writing to a modification of this agreement,
then, upon default of the loan, ownership of the vehicle(s) shall revert to the CITY. The CITY shall
provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the
vehicles and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree
upon the fair market value of the vehicle(s), the parties shall select a third party who is acceptable to both
the CITY and the RESCUE SQUAD to determine the fair market value of the vehicle(s).
B. This agreement may be reviewed at any time upon the direction of the City Manager.
Each party must agree in writing to any subsequent modifications.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first
above written.
VIRGINIA BEACH
CITY OF VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC.
City Manager/Authorized Designee By:
Title: Date
ATTEST:
City Clerk
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Virginia Beach EMS Chief City Attorney's Office
APPROVED AS TO RISK MANAGEMENT:
Virginia Beach Risk Management
2
PROMISSORY NOTE
$300,000 Virginia Beach, Virginia
April, 2019
FOR VALUE RECEIVED, Virginia Beach Volunteer Rescue Squad, Inc. ("Maker") promises
to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center,
Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of
THREE HUNDRED THOUSAND DOLLARS ($300,000) together with interest thereon.
From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO
Percent (0%) per annum.
Payment on principal shall be as follows:
On or before April 15, 2020 - $60,000
On or before April 15, 2021 - $60,000
On or before April 15, 2022 - $60,000
On or before April 15, 2023 - $60,000
On or before April 15, 2024 - $60,000
This note may be prepaid in whole or in part without penalty. Any such prepayments shall be
applied to principal.
If the Noteholder has not received the full amount of the annual payment by the end of 15
calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of
the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly
but only once on each late payment.
If Maker does not pay the full amount of each annual payment on the date it is due, Maker will
be in default, and the entire principal amount hereof, together with all accrued interest and late charges,
shall become immediately due and payable at the option of the Noteholder. Failure to exercise this
option upon any default shall not constitute or be construed as a waiver of the right to exercise such
option subsequently.
Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on
the ground of any extension or extensions of the time for payment or of the due dates of this note, the
release of any parties who are or may become liable heron, in whole or in part, before or after maturity,
with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers,
sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they
will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this
obligation or any part hereof is not paid when due.
WITNESS the following signature(s).
Virginia Beach Volunteer Rescue Squad
(SEAL)
Title: Date:
1.0 A -57
$F
1> =1
OE
EST. 1952
Tax it N.t=':bt 1:54 61)47139
January 24, 2019
Chief Brazle,
The Virginia Beach Volunteer Rescue Squad, Inc("VBVRS") is in the process of purchasing two
ambulances for delivery in 2019.These will be replacing two units, respectively 11 and 10 years old,that
are scheduled and recommended by the City Garage for replacement.The first unit is scheduled for
delivery in early April and is replacing the 11-year-old vehicle and the second unit is scheduled to be
delivered before the end of the second calendar quarter.The second unit,ordered in January,will be
partially funded by a 50%o RSAF Grant.
We respectfully request a$300,000,5-year interest-free loan in order to help fund the replacement
program.The loan proceeds will be used to help cover the estimated$380,000/400,000 after Grant cost
of the two ambulances(estimated$240,000/each plus equipment for each unit).The ability to use the
proceeds of a loan is important as it will avoid an immediate full-cost draw-down of the investments of
both VBVRS and the Virginia Beach Rescue Squad Foundation. It is the earnings on the Foundation's
endowment that fund the Foundation's city-wide recruitment program as well as the annual grant
awards to other rescue squads, Marine Rescue Team and the SAR/Bike team.The balance for the
purchase of the ambulances and stretchers will be funded from funds on hand.
VBVRS continues to lead the volunteer EMS system with 150 Core Operational and 49 members in the
pipeline. In addition,the squad responds to approximately one-third of EMS calls and routinely staffs
other stations and lends ambulances to other squads when needed.
Our ambulance committee has worked very hard in developing a best-value specification and has
followed all City guidelines.We intend to continue our prudent replacement program over the coming
years in order to keep our fleet up to date and provide the City with first class assets and service.
Your consideration and assistance with this loan is greatly appreciated. Please feel free to call if you
have any questions for the Squad.
Sincerely,
Travis W.Smith
Chief,VBVRS
VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC.
7 40 VIFIGI iA BEACH BLVD. ;VIRGINIA BEACH, VIRE I' 1 .23'5" 'PHONE -757-437-48K 'FAX 757-437-0422
www.vbvi E.c,rg
DISCLOSURE STATEMENT FORM
The Virginia Beach City Council requires you to declare your relationships to certain
service providers and financial institutions so that it can determine if any City Council
members have conflicts of interest in the application you are bringing before them.
Organization name: Virginia Beach Volunteer Rescue Squad, Inc.
Indicate if you receive any of the following services, and if so, from whom:
YES NO SERVICE PROVIDER (use additional sheets if
needed)
X Accounting and/or preparation of Dixon Hughes
tax returns Goodman, LLP
Financial Services (include
X lending/banking institutions and TowneBank -
current mortgage holders as Checking Only
applicable)
X Legal Services Wolcott Rivers Gates
CERTIFICATION:
I certify that all of the information contained in this Disclosure Statement Form is
complete, true, and accurate.
I understand I am responsible for updating the information provided herein if it
changes prior to the Council action upon this Application.
X 1
APPLICANT'S SIGNATURE
Bradford F. Sauer January 28, 2019
Treasurer
PRINT NAME DATE
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11' ovarnpl`sl\Departments\EMSI,EMS Minn`000-CMMI-SVC•PROCESS•AREA\SUPPLIER•AGREH4ENT•MANAGEMENT1suppl*Vocally-penriled-emAerns•disclosure-statement--fula$e.pd!
K. PLANNING
1. CLEAR CREEK HOLDINGS,LLC for a Conditional Change of Zoning from R-10 Residential
& I-1 Light Industrial to Conditional I-1 Light Industrial at a vacant parcel off of South Birdneck
Road, approximately 680 feet from Carissa Court re construct three (3) buildings for industrial
office/warehouse units DISTRICT 6—BEACH (Deferred from March 19, 2019)
RECOMMENDATION: APPROVAL
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CITY OF VIRGINIA BEACH
AGENDA ITEM J
ITEM: CLEAR CREEK HOLDINGS, LLC [Applicant & Property Owner] Conditional
Change of Zoning (R-10 Residential District & I-1 Light Industrial District to
Conditional I-1 Light Industrial District) on property located on S. Birdneck
Road (GPIN 2417417724), COUNCIL DISTRICT — BEACH.
MEETING DATE: April 2, 2019
• Background:
This application was deferred by City Council action on February 5th and February
19th to allow for additional community outreach. On March 19th, the City Council
deferred the application again to allow proper timing for the review of revised
proffers further restricting allowed uses on the property, as indentified as
underlined text on page 3 of the staff report.
The 4.38-acre undeveloped lot is zoned both R-10 Residential District (along S.
Birdneck Road) and I-1 Light Industrial District (on the western portion of the lot).
The applicant is requesting to rezone the entire site to Conditional I-1 Light
Industrial in order to construct three buildings that will contain 38 industrial
office/warehouse units. The proposed exterior building materials will include metal
panel siding with a vertical raised-seam band along the top of the building, and
split-face block CMU water table to add visual interest to the façade facing
Birdneck Road. The proffered landscape plan depicts streetscape frontage,
parking lot and foundation plantings, as well as the required 25-foot wide Category
II landscape buffer adjacent to the residentially-zoned property to the north.
• Considerations:
In Staff's view, and the Planning Commission concurred, that the proposed
rezoning to I-1 Light Industrial District is appropriate for this site, as light industrial
uses are consistent with the land use policies set forth for both the Historic Seatack
Suburban Focus Area and the Special Economic Growth Area 1 - East Oceana.
Furthermore, the property is located in the Accident Potential Zone 2 (APZ-2) and
is encumbered by a Navy easement which restricts certain land uses in the high
noise zones near Naval Air Station Oceana. Based on the existence of the
easement, while a portion of the property is indeed zoned residential, residential
uses are not permitted under the terms of the easement. Further details pertaining
to the request, as well as Staff's evaluation, are provided in the attached Staff
report.
Clear Creek Holdings, LLC
Page 2 of 2
There was one opposition letter received immediately prior to the Planning
Commission public hearing. The citizen requested that the Planning Commission
defer the application and noted concerns regarding public notice, traffic, flooding,
and the transition of land in the Birdneck Road corridor from residential to industrial
uses.
• Recommendations:
City Staff recommends approval of this request. The Planning Commission placed
this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to
recommend approval of this request.
• Attachments:
Staff Report and Disclosure Statements
Proffer Agreement
Location Map
Minutes of Planning Commission Hearing
Recommended Action: Staff recommends Approval. Planning Commission
recommends Approval.
Submitting Dep. . .• - i • = -ncy: Planning Department
City Manager:
Applicant & Property Owner Clear Creek Holdings, LLC Agenda Item
Public Hearing January 9, 2019
�� City Council Election District Beach
Virginia Beach
Request
Conditional Rezoning (R-10 Residential & I-1
Light Industrial to Conditional I-1 Light olio"'
Soumeen Badevard Norfolk Avenue -c 75 ne ONL
Industrial) API, =
Xrack HMSrreel o +'�` `.r t
$ ?ab, / t �4',- F
Staff Recommendation 3 ��5�'` •�" .,< .
ren.r'Orn.. ,,
Approval t vt "
1 ,,a'a' hese...„rree F
Beau t am. Run -"� -
Staff Planner „..,,,creak S. Goo land*,.I, =4
Jonathan Sanders AVT? a
SS
Location
West side of S. Birdneck Road `N`Rekr•,M
lrr4"Inn.'
GPIN
2417417724il
Site Size
S,,arem�
4.38 Acres
AICUZ
Greater than 75 dB DNL;APZ 2
Watershed
Chesapeake Bay
cci d t I OW�4'"'i a#;,2...„.., �� 4.f
Existing Land Use and Zoning District V4t,p. ::. ,-n
Wooded/1-1 Light Industrial, R-10 Residential �W y' ,
Surrounding Land Uses and Zoning Districts 4 01.4_„..,,,,,_ 43 1
North . . ` x,0,,'. .sivr,, ;-: 'ti. .4a
Vacant/1-1 Light Industrial, R-10 Residential R e ""
South a .r'4 ,xp,7+.' . :
�'
Virginia Beach Animal Care&Adoption Center/ r
B-2 Community Business, Conditional I-1 Light i A
Industrial . :i.;"_ -'
East ' . " • ` `
Park/R-10 Residential ""'! '` .r u
West r,toi ,r.. , h
Wooded Conditional I-1 Light Industrial . is
/ g
Clear Creek Holdings, LLC
Agenda Item 1
Page 1
Background and Summary of Proposal
• The subject site is zoned both R-10 Residential District on the eastern portion of the lot fronting S. Birdneck
Road and I-1 Light Industrial District on the western portion of the lot. The applicant is requesting to rezone the
entire site to Conditional I-1 Light Industrial in order to construct three buildings that will contain 38 industrial
office/warehouse units.
• The 4.38 acre site exists as an undeveloped forested lot. The site is located in the Accident Potential Zone 2
(APZ-2) and is encumbered by a Navy easement which restricts certain land uses in the high noise zones near
Naval Air Station Oceana. Each business will need to obtain a determination letter from the Navy to ensure that
a proposed use within the building meets the terms of the easement.
• Three one-story buildings are proposed with a central drive aisle providing access to parking and loading spaces.
One vehicular ingress/egress is proposed along S. Birdneck Road with a large turn-around area and 18 parking
spaces.
• The proposed exterior building materials will include a split-face block CMU water table, metal panel siding with
a vertical raised-seam metal sided band along the top of the building. White roll-up doors and an entrance door
are proposed for each unit.
• The landscape plan depicts streetscape frontage, parking lot, and foundation plantings. The required 25-foot
Category II landscape screening buffer is depicted adjacent to the residentially-zoned property to the north.
• A stormwater management area is proposed at the western end of the site.
r �t�t1i 7f' 1]
primII'.or
Ni ens — I® �12 •oar. ,
17 ,.
Zoning History
f - 5 P-1 # Request
— � �` 1 CRZ(R-2.5 and I-1 to Conditional I-1)Approved
-- �`''
•%' _���_—r_=�< 12/06/2017
/� At ' 2 CRZ(R-10 to Conditional I-1)Approved 12/11/2007
CUP(Bulk Storage)Approved 12/11/2007
(8 • R-to \ i CUP(Outdoor Recreation Facility)Approved 02/09/1987
3 REZ(R-5 to A-1)Approved 07/06/1981
1 I ;
Application Types
CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance
REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance
CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance
Clear Creek Holdings, LLC
Agenda Item 1
Page 2
Evaluation and Recommendation
In Staff's opinion,the proposed rezoning to I-1 Light Industrial District is appropriate for this site, as light industrial uses
are consistent with the land use policies of both the Historic Seatack Suburban Focus Area and the Special Economic
Growth Area 1- East Oceana. The proposed light industrial use will provide low-scale, low-intensity economic
opportunities for the area. As recommended by both plans, additional plantings are proposed beyond the minimum
throughout the site and along the right-of-way.
Based on the considerations above, Staff finds the request to be acceptable and recommends approval subject to the
proffers below.
Proffers
The proffers have been modified between Planning Commission and City Council review, as underlined below. Proffer 3
has been added, and the former Proffer 3 becomes Proffer 4.
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant,
consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to
"offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application
be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property
as proposed with this change of zoning.
Proffer 1:
When the Property is developed,the vehicular access, landscaping, building locations, setbacks and freestanding sign
shall be substantially as depicted and described on the exhibits entitled, "EXHIBIT-SEATACK BUSINESS CENTER VIRGINIA
BEACH,VIRGINIA" (Sheets Cl through C4), and "LANDSCAPE PLAN —SEATACK BUSINESS CENTER,VIRGINIA BEACH,
VIRGINIA" (L1 through L4), dated September 26, 2018, prepared by Gallup Surveyors & Engineers, Ltd.,which have been
exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter
"Concept Plans").
Proffer 2:
When the Property is developed, the buildings depicted on the Concept Plans shall have the architectural design,
appearance and height substantially as depicted and described on the three (3) renderings labeled "SOUTH BIRDNECK
ROAD VIEW" "INTERIOR VIEW" and "BACK VIEW (SOUTH)—SEATACK BUSINESS CENTER", dated 10-1-18, prepared by
Covington Hendrix Anderson Architects, which have been exhibited to the Virginia Beach City Council and are on file
with the Virginia Beach Department of Planning (hereinafter the "Elevations"). The primary exterior building materials
shall be split-faced cmu, raised seam metal paneling and white overhead doors.
Proffer 3:
When the property is developed it shall not be used as mini-warehouses (i.e. self storage), automobile service stations,
or automotive repair garages as provided for and defined in the Zoning Ordinance.
Proffer 4:
Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and
administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code
requirements.
Staff Comments:
The proposed proffers are acceptable and provide confidence that the site will be developed as depicted in terms of
layout, plantings and architectural design and materials.
Clear Creek Holdings, LLC
Agenda Item 1
Page 3
Comprehensive Plan Recommendations
This site is designated in the Comprehensive Plan as being located within Suburban Focus Area 9: Historic Seatack. This
area is thought to be the oldest African-American settlement in Virginia. Seatack is an integral part of the Resort Area,
and while primarily a residential community with supporting religious institutions and public facilities, it also includes
some businesses and light industry. Much of the SFA is constrained by the Special Flood Hazard Area, AICUZ restrictions,
and Navy restrictive easements. Recommendations for this area include having all new development adhere to Article
18 of the Zoning Ordinance concerning AICUZ restrictions, be compatible with existing residential areas, have significant
landscape screening buffers between existing residential areas and new non-residential development, and design
stormwater systems to not negatively impact adjacent parcels.
In addition,the site is also located within Special Economic Growth Area 1 (SEGA-1)—East Oceana. The Plan calls for
development that is sensitive to the neighborhood context while realizing compatible economic development in the
area. Recommendations include light industrial uses with significant buffers to shield the surrounding neighborhoods
from intrusive impacts.
Natural and Cultural Resources Impacts
This site is located within the Chesapeake Bay watershed.There does not appear to be any significant natural or cultural
features associated with the site.
Traffic Impacts
Street Name Present Volume Present Capacity Generated Traffic
S. Birdneck Road 15,798 ADT 1 28,200 ADT 1(LOS°"C") Existing Land Use 2-289 ADT
30,600 ADT 1(LOS°"D") Proposed Land Use 3-740 ADT
lAverage Daily Trips 2 as defined by one acre of 3 as defined by a 59,500 square foot °LOS=Level of Service
R-10 and 3.4 acres of I-1 business park
zoning
Master Transportation Plan (MTP) and Capital Improvement Program (CIP)
South Birdneck Road in the vicinity of this application is considered a four-lane divided minor suburban arterial. The
existing infrastructure currently resides in an approximate 100-foot right-of-way. The MTP indicates a four-lane facility
within a 145-foot wide right-of-way. There are no roadway CIP projects slated for this area.
Public Utility Impacts
Water
The site must connect to City water. There is an existing 30-inch City water transmission main along S. Birdneck Road.
There is an existing 12-inch City water main along S. Birdneck Road.
Sewer
The site must connect to City sanitary sewer. There is an existing eight-inch City gravity sanitary sewer main along S.
Birdneck Road.
Clear Creek Holdings, LLC
Agenda Item 1
Page 4
Proposed Site Layout
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Clear Creek Holdings, LLC
Agenda Item 1
Page 5
Proposed Site Layout
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Clear Creek Holdings, LLC
Agenda Item 1
Page 6
Proposed Site Layout
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Clear Creek Holdings, LLC
Agenda Item 1
Page 7
Proposed Landscape Plan
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Clear Creek Holdings, LLC
Agenda Item 1
Page 8
Proposed Landscape Plan
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Clear Creek Holdings, LLC
Agenda Item 1
Page 10
Proposed Landscape Plan
BIRDNECK OFFICE PARK
PLANT MATERIAL SCHEDULE
ABBR.BOTANICAT.NAME COMMON NAME SZE REMARKS
TREES
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Clear Creek Holdings, LLC
Agenda Item 1
Page 11
Proposed Elevations
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Clear Creek Holdings, LLC
Agenda Item 1
Page 12
Proposed Elevations
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Clear Creek Holdings, LLC
Agenda Item 1
Page 13
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Clear Creek Holdings, LLC
Agenda Item 1
Page 14
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Clear Creek Holdings, LLC
Agenda Item 1
Page 15
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Clear Creek Holdings, LLC
Agenda Item 1
Page 16
Site Photos
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Clear Creek Holdings, LLC
Agenda Item 1
Page 17
Disclosure Statement
VI
APPLICANT'S NAME Clear Creek Holdings, LLC
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:
I 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 a Street Closure
(Historic Review Board) I Franchise Agreement
Chesapeake Bay
Preservation Area Lease of City Property Subdivision Variance
Board
Conditional Use Permit License Agreement Wetlands Board 1
SECTION 1 / APPLICANT DISCLOSURE
Page 1 of 7
Clear Creek Holdings, LLC
Agenda Item 1
Page 18
Disclosure Statement
14113
Virginia Beach
Check here if the APPLICANT IS NOT a corporation, partnership, firm,
business, or other unincorporated organization.
X Check here if the APPLICANT IS a corporation, partnership, firm, business, or
other unincorporated organization.
(A) List the Applicant's name:Clear Creek Holdings, LLC
If an LLC, list all member's names:
Lawrence Kurtz, Sole Member/Manager
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.
Check here if the PROPERTY OWNER IS NOTa 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 I LC, list the member's
names:
Page 2 of 7
Clear Creek Holdings, LLC
Agenda Item 1
Page 19
Disclosure Statement
. '
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 6 2 23101
2
"Affiliated business entity relationship' means 'a relationship. other than parent-subsidiary
relationship, that exists when ti; 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
iiiii 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 23101
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
Clear Creek Holdings, LLC
Agenda Item 1
Page 20
Disclosure Statement
lk/B.--
APPLICANT Virginia Beach
-
YESj NO � SERVICE PROVIDER fuse additional sheets if i
needed)
XAccounting and/or preparer of !Rip Walters.CPA
your tax return
X Architect/Landscape Architect/ Covington Hendrix Anderson
Land Planner Architects
' Contract Purchaser(if other than
X the Applicant)- identify purchaser
and purchaser's service providers
Any other pending or proposed
IX)I
purchaser of the subject property
I (identify purchaser(s)and
purchaser's service providers) i
X IJ Construction Contractors Mike Lanning !
XEngineers/Surveyors/Agents Gallup Surveyors&Engineers.Ltd i
1
Financing (include current
—
X mortgage holders and lenders
selected or being considered to
provide financing for acquisition
or construction of the property) - l
XLegal Services ;Sykes Bourdon Ahern&Levy. P C
Real Estate Brokers / 'John Katsias
X Agents/Realtors for current and
anticipated future sales of the
subject property _
SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR
EMPLOYEE
YES NO I Does an official or employee of the City of Virginia Beach have
X l 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
Clear Creek Holdings, LLC
Agenda Item 1
Page 21
Disclosure Statement
N/B
Virginia Bench
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.
Clear a of Lawrence Kurtz, Manager ,
APPLICANT S 1 R PRINT NAME DATE
•
Page 5 of 7
Clear Creek Holdings, LLC
Agenda Item 1
Page 22
Next Steps
• Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council
public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the
upcoming days.
• Following City Council's decision,the applicant will receive a decision letter from Staff.
• Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division
of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning
Division at 757-385-8074.
• If the request requires land disturbance and/or a subdivision of property, please contact the Development
Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the
Development Liaison Team at 757-385-8610.
• Please note that further conditions may be required during the administration of applicable City Ordinances and
Standards.Any site plan submitted with this application may require revision during detailed site plan review to
meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those
administered by the Department of Planning/Development Services Center and Department of Planning/
Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses
allowed by this Use Permit are valid.
• The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department
for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and
strategies as they pertain to this site.
Clear Creek Holdings, LLC
Agenda Item 1
Page 23
Item #1
Clear Creek Holdings, LLC
Conditional Rezoning
(R-10 Residential& I-1 Light Industrial to Conditional I-1 Light Industrial)
South Birdneck Road
District—Beach
JANUARY 9, 2019
CONSENT
Ms. Oliver: The next order of business, we will address those they have been placed on the
consent agenda and the vice chair will handle this portion of the agenda.
Ms. Rucinski: Thank you madam chairman. This afternoon, we have four items on the consent
agenda. The first matter to be heard is item number one. This is an application for
a conditional rezoning R-10 residential and I-1 light industrial to conditional I-1
light industrial on property located on the west side of South Birdneck Road
approximately 680 feet from Carissa Court in the Beach District. Do we have a
representative?
Mr. Bourdon: Thank you madam secretary. Madam chair for the record Eddie Bourdon,
Virginia Beach Attorney representing Clear Creek Holdings, LLC. We appreciate
this item being on the consent agenda as we worked diligently with your city staff
on this request and have provided answers to the questions that were raised in the
informal this morning about access and parking and my client will be putting in
wheel-stops as you suggested. Thank you very much.
Ms. Oliver: Thank you.
Ms. Rucinski: Thank you, so this is going to be reviewed by Commissioner Redmond.
Mr. Redmond:Thank you. This is an application of Clear Creek Holdings, LLC for conditional
rezoning from R-10 residential and I-1 light industrial to conditional I-1 light
industrial on property located on the west side of South Birdneck Road. The
subject site is zoned both R-10 residential district on the eastern portion of the lot
fronting South Birdneck Road and I-1 Light Industrial District on the western
portion of the lot. The applicant is requesting to rezone the entire site to
conditional I-1 Light Industrial in order to construct three buildings, that you see
them there, that will contain 38 industrial office and warehouse units. The site is
about 4.3 acres and sits on an undeveloped forested lot. It is also located in the
Accident Potential Zone 2 and is encumbered by a Navy easement which restricts
certain land uses in the high noise zones near Naval Air Station Oceana. So each
business will need to obtain a separate determination letter from the Navy to
ensure that its proposed use in the building meets the terms of the easement.
There was some discussion this morning about the number of parking spaces, the
1
appropriateness of the number of parking spaces. The applicant helpfully
provided some additional data that we did not have this morning. The total
number of parking spaces will be 119, 18 of those spaces will be in the front,
loading space in the rear and approximately 100 parking spaces in front of or
along the open space internal to the center, so which comes out to little over three
parking spaces per unit. The commission is unaware of any opposition to this
application, the staff recommends approval. The Planning Commission,
therefore, concurs by consent, thank you.
AYE 10 NAY 0 ABS 0 ABSENT 1
ALCARAZ AYE
BARNES AYE
GRAHAM AYE
HORSLEY AYE
INMAN ABSENT
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
WALL AYE
WEINER AYE
PROFFERS:
1. When the Property is developed, the vehicular access, landscaping, building locations,
setbacks and freestanding sign shall be substantially as depicted and described on the
exhibits entitled, "EXHIBIT - SEATACK BUSINESS CENTER VIRGINIA BEACH,
VIRGINIA" (Sheets Cl through C4), and "LANDSCAPE PLAN — SEATACK
BUSINESS CENTER, VIRGINIA BEACH,VIRGINIA" (L1 through L4), dated
September 26, 2018, prepared by Gallup Surveyors & Engineers, Ltd., which have been
exhibited to the Virginia Beach City Council and are on file with the Virginia Beach
Department of Planning (hereinafter"Concept Plans").
2. When the Property is developed, the buildings depicted on the Concept Plans shall have
the architectural design, appearance and height substantially as depicted and described on
the three (3) renderings labeled "SOUTH BIRDNECK ROAD VIEW" "INTERIOR
VIEW" and "BACK VIEW (SOUTH) — SEATACK BUSINESS CENTER", dated 10-1-
18, prepared by Covington Hendrix Anderson Architects, which have been exhibited to
the Virginia Beach City Council and are on file with the Virginia Beach Department of
Planning (hereinafter the "Elevations"). The primary exterior building materials shall be
split-faced cmu, raised seam metal paneling and white overhead doors.
3. Further conditions may be required by the Grantee during detailed Site Plan and/or
Subdivision review and administration of applicable City Codes by all cognizant City
agencies and departments to meet all applicable City Code.
2
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CITY OF VIRGINIA BEACH
* , * INTER-OFFICE CORRESPONDENCE
3944:- , ----,,-. *
UR 000.
In Reply Refer To Our File No. DF-10145
DATE: March 21, 2019
TO: Mark D. Stiles DEPT: City Attorney
FROM: B. Kay Wilson INL. DEPT: City Attorney
RE: Conditional Zoning Application; Clear Creek Holdings, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on April 2, 2019. I have reviewed the subject proffer agreement, dated
September 28, 2018 and have determined it to be legally sufficient and in proper legal
form. A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ka
Enclosure
cc: Nancy Bloom
CLEAR CREEK HOLDINGS, LLC, a Virginia limited liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 28th day of September, 2018, by and between
CLEAR CREEK HOLDINGS, LLC, a Virginia limited liability company, Grantor; and THE
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,
Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of a certain piece or parcel of land located in
the Beach District of the City of Virginia Beach, containing 4.384 acres, which is more
particularly described in Exhibit "A" attached hereto and incorporated herein by this
reference. Said parcel is herein referred to as the "Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map
of the City of Virginia Beach,Virginia, by petition addressed to the Grantee so as to change
the Zoning Classification of the Property from R-io Residential and I-1 Industrial Districts
to Conditional I-1 Industrial District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible development of various types of uses conflict and that in order to permit
differing types of uses on and in the area of the Property and at the same time to recognize
the effects of change that will be created by the Grantor's proposed rezoning, certain
reasonable conditions governing the use of the Property for the protection of the
GPIN: 2417-41-7724-0000
PREPARED BY:
IIOLTPDON,
tl1ll R\'&I£VI',P.C. Prepared By:
R.Edward Bourdon,Jr.,Esquire
VSB#22160
Sykes,Bourdon,Ahern&Levy,P.C.
281 Independence Boulevard
Pembroke One,Fifth Floor
Virginia Beach,Virginia 23462
community that are not generally applicable to land similarly zoned are needed to resolve
the situation to which the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map with respect to the Property, the following reasonable conditions related to
the physical development, operation, and use of the Property to be adopted as a part of
said amendment to the Zoning Map relative and applicable to the Property, which has a
reasonable relation to the rezoning and the need for which is generated by the rezoning.
NOW,THEREFORE, the Grantor, its successors,personal representatives, assigns,
grantees, and other successors in title or interest,voluntarily and without any requirement
by or exaction from the Grantee or its governing body and without any element of
compulsion or quid pro quo for zoning, rezoning,site plan,building permit, or subdivision
approval,hereby makes the following declaration of conditions and restrictions which shall
restrict and govern the physical development, operation, and use of the Property and
hereby covenants and agrees that this declaration shall constitute covenants running with
the Property, which shall be binding upon the Property and upon all parties and persons
claiming under or through the Grantors, their successors, personal representatives,
assigns, grantees, and other successors in interest or title:
1. When the Property is developed, the vehicular access, landscaping, building
locations, setbacks and freestanding sign shall be substantially as depicted and described
on the exhibits entitled, "EXHIBIT - SEATACK BUSINESS CENTER VIRGINIA BEACH,
VIRGINIA" (Sheets Ci through C4), and "LANDSCAPE PLAN — SEATACK BUSINESS
CENTER, VIRGINIA BEACH, VIRGINIA" (Li through L4), dated September 26, 2018,
prepared by Gallup Surveyors &Engineers, Ltd., which have been exhibited to the Virginia
Beach City Council and are on file with the Virginia Beach Department of Planning
(hereinafter "Concept Plans").
2. When the Property is developed, the buildings depicted on the Concept
Plans shall have the architectural design, appearance and height substantially as depicted
and described on the three (3) renderings labeled "SOUTH BIRDNECK ROAD VIEW"
"INTERIOR VIEW"and"BACK VIEW(SOUTH) — SEATACK BUSINESS CENTER", dated
PREPARED BY:
SYKES. POLTDON. 10-1-18, prepared by Covington Hendrix Anderson Architects, which have been exhibited
MILO AA£RN&LEVI',P.C. to the Virginia Beach City Council and are on file with the Virginia Beach Department of
2
Department of Planning (hereinafter the "Elevations"). The primary exterior building
materials shall be split-faced cmu, raised seam metal paneling and white overhead doors.
3. When the property is developed it shall not be used as mini-warehouses
(i.e. self storage), automobile service stations, or automotive repair garages as provided
for and defined in the Zoning Ordinance.
4. Further conditions may be required by the Grantee during detailed Site
Plan and/or Subdivision review and administration of applicable City Codes by all
cognizant City agencies and departments to meet all applicable City Code requirements.
All references hereinabove to the R-io Residential and I-1 Industrial Districts and
to the requirements and regulations applicable thereto refer to the Comprehensive
Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in
force as of the date of approval of this Agreement by City Council, which are by this
reference incorporated herein.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue in full force and effect until a subsequent amendment changes the zoning of the
Property and specifically repeals such conditions. Such conditions shall continue despite
a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is
part of a comprehensive implementation of a new or substantially revised Zoning
Ordinance until specifically repealed. The conditions, however, may be repealed,
amended, or varied by written instrument recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and executed by the record owner of the
Property at the time of recordation of such instrument, provided that said instrument is
consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or
a resolution adopted by the governing body of the Grantee, after a public hearing before
the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the
Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along
with said instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
The Grantor covenants and agrees that:
PREPARED BY:
al]]S1'kES, POL`RDON, (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
MU AHERN& 1,P.h. vested with all necessaryauthority,ty, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
3
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied, and (b) to bring legal action or suit to insure compliance with
such conditions, including mandatory or prohibitory injunction, abatement, damages, or
other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant
to these provisions, the Grantor shall petition the governing body for the review thereof
prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and
the conditions may be made readily available and accessible for public inspection in the
office of the Zoning Administrator and in the Planning Department, and they shall be
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,
and indexed in the names of the Grantor and the Grantee.
PREPARED BY
SW SYKES,POURDON.
AIlERN&LEVY,P.C.
4
WITNESS the following signature and seal:
Grantor:
Clear Creek Holdings, LLC, a Virginia limited liability
company
By: T-NL (SEAL)
LawrenceManager/Sole Member
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 1st day of October,
2018, by Lawrence Kurtz, Manager/Sole Member of Clear Creek Holdings, LLC, a Virginia
limited liability company, Grantor.
_>41:kie . 0/1
Notary Public
My Commission Expires: August 31, 2022
H
Notary Registration Number: 192628 `.gyp►•M • 4
N�
V r QQ
9'PUBL O
PREPARED BY
..I SYKES.POURDON,
LI Al1RRN&LfVY,P.C.
5
EXHIBIT "A"
ALL THAT certain tract, piece or parcel of land, situated near Virginia Beach, in Seaboard
Magisterial District (now assessed for tax purposes on the land books, under Lynnhaven
Mosquito) in Princess Anne County, in the State of Virginia, beginning at a pin in the West
side of Chatham Road (also Known as State Highway No. 637), where the dividing line
between the property now or formerly belonging to Grayson Whitehurst and the property
now belonging to Dianna Sharp intersect the West side of Chatham Road; thence running N
84 degrees 51' W 1013.38 feet to a pipe; thence running N 5 degrees o9' E 200.64 feet to a
pipe; thence running S 84 degrees 51' E along the line dividing the property hereby conveyed
from the property now or formerly belonging to Norman Williams, 961.74 feet to the West
side of Chatham Road; and thence running S 9 degrees 17' E along the West side of Chatham
Road 207.2 feet to the point of beginning.
GPIN: 2417-41-7724-0000
H:\AM\Conditional Rezoning\Clear Creek Holdings\Proffer Agreement.docx
PREPARED BY
. SUES,POURDON.
AI AHERN&LEER',P.C.
6
L. APPOINTMENTS
2040 VISION TO ACTION COMMUNITY COALITION
BAYFRONT ADVISORY BOARD
BOARD OF BUILDING CODE APPEALS
-ELECTRICAL DIVISION
-NEW CONSTRUCTION DIVISION
-PLUMBING AND MECHANICAL DIVISION
COMMUNITY POLICY AND MANAGEMENT TEAM
COMMUNITY SERVICES BOARD
DEFERRED COMPENSATION BOARD
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
INVESTIGATIVE REVIEW PANEL
OPEN SPACE ADVISORY COMMITTEE
PUBLIC LIBRARY BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. 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
****************************
2019 CITY COUNCIL MEETINGS
Tuesday,April 9 Special Session/Workshop
Tuesday,April 16 Formal Session
Tuesday,April 23 Special Session/Workshop
Tuesday,April 24 Special Session/Public Hearing— Old Donation School
Tuesday,April 30 Special Session/Public Hearing
Tuesday, May 7 Formal Session
Tuesday, May 14 Special Session
04/02/19 jag
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE:03/19/2019 PAGE: 1
AGENDA
ITEM# SUBJECT MOTION VOTE A H V W W
B E J A R I 0
B DNOK MC 0 L W 0
O Y L N A 0 AU S 0 T
T EEENSNS O O E
T R Y S ; E S T E N D N
ICITY COUNCIL'S BRIEFING
A. APPOINTMENT PROCESS—BEACH City Council
DISTRICT
H. CITY MANAGER'S BRIEFINGS
Kevin Krigsvold,
A. CENSUS 2020 COMPLETE COUNT Regional Census
Director—Census
2020
Jolilda W.Saunders,
Administrative
Services Manager—
Planning
HOUSING RESOURCE CENTER Andrew Friedman,
B. Director—Housing and
UPDATE Neighborhood
Preservation
Ruth Hill,Housing
Resource Center
Administrator
Pam Shine,Housing
Systems Manager
C. UNAUDITED FINANCIAL RESULTS/ Alice Kelly,Interim
OTHER POSTEMPLOYMENT Director—Finance
BENEFITS(OPEB)/LONG TERM DEBT
D. FY 2019-20 RESOURCE Mark Johnson,
MANAGEMENT PLAN(Budget)— Director—Public
STORMWATER UTILITY FUND Works
HI/IV/V/ CERTIFICATION CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y Y
VI A-E
F. MINUTES APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y
March 5,2019
G. MAYOR'S PRESENTATION
Virginia Beach Clean Community
Commission Founders Day
H. PUBLIC HEARINGS
H.1 LEASE OF CITY PROPERTY—OPEN NO SPEAKERS
AIR MARKETS
a. 700 Block of 18th Street in ViBe Park to
Old Beach Fanners Market
b. 700 Block of 18th Street in ViBe Park to
Old Beach Farmers Market,t/a Old Beach
Art and Eco Market
H.2 LEASE OF CITY PROPERTY— NO SPEAKERS
FARMERS MARKET
a. Building 6,Space 1 to Lisa's Tinker
Treasures
b. Building 8,Spaces 23&24 to Moosewood
Creek Primitives
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE:03/19/2019 PAGE: 2
AGENDA
ITEM# SUBJECT MOTION VOTE A H V W W
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T E E ENS NS O O E
T R Y S E S T ENDN
H.3 OPEN AIR CAFE FRANCHISE NO SPEAKERS
AGREEMENTS
a. Baja Taco,Inc.,t/a Baja Cantina Café re
Atlantic Ave Side Street Café at 206 23rd
St
b. Chix Sea Grille,LLC,t/a Chix Café re
Connector Park Café at 701 Atlantic Ave
c. Fish-N-Bones,Inc.,da Fish Bones Café re
Boardwalk Café at 1211 Atlantic Ave
d. Dandrea,LLC,t/a II Giardino Café re
Atlantic Ave Side Street Café at 910
Atlantic Ave
e. Jumpin Shrimp,Inc.,t/a Jumpin Shrimp
Café re Connector Park Café at 1211
Atlantic Ave
f. Karpathos,Inc.,t/a King of the Sea Café re
Atlantic Ave Side Street Café at 2612
Atlantic Ave
g. 9th Street Grill,Inc.,t/a Manhattan re
Atlantic Ave Sidewalk Cafe at 812 Atlantic
Ave
h. Scrambled,Inc.,t/a Scrambled re Atlantic
Ave Sidewalk Café at 910 Atlantic Ave
i. Dunes Investment Associates,LLC,da The
Beach Club re Boardwalk Café at 901
Atlantic Ave
j. Gold Key/PHR Food Services,LLC,t/a
Tortugas Café and Tiki Bar re Boardwalk
Cafe at 3400 Atlantic Ave
k. Gold Key/PHR Food Services,LLC,ba
Tortugas Café and Tiki Bar re Connector
Park Café at 3400 Atlantic Ave
I. Fogg's Seafood Company,t/a Waterman's
re Connector Park Café at 415 Atlantic Ave
J. Ordinance to GRANT two(2)franchise ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y
J.1. CONSENT
agreements re Open Markets On Public
Property to the Old Beach Farmer's
Market and Old Beach Art and Eco
Market in the 700 Block of 18th Street in
ViBe Park
J.2. Ordinances to AUTHORIZE the City
Manager to EXECUTE a Lease of City-
Owned Property at Virginia Beach
Farmers Market:
a. Building 6,Space 1 to Lisa Preuss,d/b/a ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y
Lisa's Tinker Treasures CONSENT
b. Building 8,Spaces 23&24 to Angela C. ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y YY
Surgeon,d/b/a Moosewood Creek CONSENT
Primitives
J.3. Ordinance to GRANT twelve(12) ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y
franchise agreements re Open Air Cafés in CONSENT
the Resort Area:
a. Baja Taco,Inc.,da Baja Cantina Café re
Atlantic Ave Side Street Café at 206 23rd
St
Chix Sea Grille,LLC,t/a Chix Café re
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE:03/19/2019 PAGE: 3
AGENDA
ITEM# SUBJECT MOTION VOTE A H V W W
B E J A R I 0
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O Y L N A 0 AU S 0 T
T EEENSNS O O E
T R Y S E S T ENDN
b. Connector Park Café at 701 Atlantic Ave
Fish-N-Bones,Inc.,t/a Fish Bones Café re
c. Boardwalk Café at 1211 Atlantic Ave
Dandrea,LLC,t/a II Giardino Café re
d. Atlantic Ave Side Street Café at 910
Atlantic Ave
Jumpin Shrimp,Inc.,t/a Jumpin Shrimp
e. Café re Connector Park Café at 1211
Atlantic Ave
Karpathos,Inc.,t/a King of the Sea Café
f. re Atlantic Ave Side Street Café at 2612
Atlantic Ave
9th Street Grill,Inc.,t/a Manhattan re
g• Atlantic Ave Sidewalk Café at 812 Atlantic
Ave
Scrambled,Inc.,t/a Scrambled re Atlantic
h. Ave Sidewalk Café at 910 Atlantic Ave
Dunes Investment Associates,LLC,t/a The
i• Beach Club re Boardwalk Café at 901
Atlantic Ave
Gold Key/PHR Food Services,LLC,t/a
J. Tortugas Café and Tiki Bar re Boardwalk
Café at 3400 Atlantic Ave
Gold Key/PHR Food Services,LLC,t/a
k. Tortugas Café and Tiki Bar re Connector
Park Café at 3400 Atlantic Ave
Fogg's Seafood Company,t/a Waterman's
1• re Connector Park Café at 415 Atlantic Ave
J.4. Ordinance to DECLARE approximately ADOPTED,BY 9-1 Y Y Y Y Y N Y Y Y Y
6.4 acres of City Property located at the CONSENT
intersection of Princess Anne Rd and
Community College Place to be in
EXCESS of the City's needs and
AUTHORIZE the City Manager to enter
into a purchase agreement with option for
the sale of the property to Princess Anne
Hotel,LLC re development of a hotel and
restaurant(Deferred from March 5,2019)
J.5. Ordinance to AMEND the Economic ADOPTED,BY 9-1 Y Y Y Y Y N Y Y Y Y
Development Investment Program(EDIP) CONSENT
Policy and Procedure re process for
making and paying awards,and enhance
reporting requirements
J.6. Resolution to SUPPORT the City's ADOPTED 10-0 Y Y Y Y Y Y Y Y Y Y
application for the 2019 Virginia Dam
Safety Flood Prevention and Protection
Assistance Fund Grant from the Virginia
Department of Conservation and Recreation
J.7. Ordinance to APPROPRIATE$650,000 ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y
in local vehicle license revenue to CONSENT
Department of Finance FY2018-19
Operating Budget re collection costs of
local vehicle registration fees
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE:03/19/2019 PAGE: 4
AGENDA
ITEM# SUBJECT MOTION VOTE A H V W W
B E J A R I 0
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T R Y S E S T ENDN
J.8. Ordinances to ACCEPT and
APPROPRIATE:
a. $1,494,816 from the Virginia Department ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y
of Transportation(VDOT)re traffic signal CONSENT
rehabilitation and maintenance of
roadways
b. $3,000 from GEICO to Police Department ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y
FY2018-19 Operating Budget re Every 15 CONSENT
Minutes Program
c. $183,569 from Federal Emergency ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y
Management Agency(FEMA)to Fire CONSENT
Department FY2018-19 Operating Budget
re purchase and maintenance of
communications equipment for Virginia
Task Force 2 Urban Search and Rescue
Team
d. $98,620 from Virginia Department of ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y
Behavioral Health and Developmental CONSENT
Services(DBHDS)to Human Services
FY2018-19 Operating Budget re creation
of two(2) new positions to provide
enhanced Behavioral Health Services
ADD ON Resolution to DIRECT the City Attorney to ADOPTED 10-0 Y Y Y Y Y Y Y Y Y Y
file a petition for Writ of Special Election
re Beach District vacancy
K. DEFERRED TO 10-0 Y Y Y Y Y Y Y Y Y Y
K.1. CLEAR CREEK HOLDINGS,LLC for APRIL 2,2019
a Conditional Change of Zoning from R-10
Residential&I-1 Light Industrial to
Conditional I-1 Light Industrial at a vacant
parcel off of South Birdneck Rd,
approximately 680 feet from Carissa Ct re
construct three(3)buildings for
industrial office/warehouse units
DISTRICT 6—BEACH(Deferred from
February 19,2019)
K.2. JANET T.RESPASS&TERESA APPROVED/ 9-0 A Y Y Y Y Y Y Y Y Y
TATEM for a Variance to Section 4.4(b)of CONDITIONED, B
the Subdivision Regulations re lot width at BY CONSENT S
1965 Gum Bridge Rd and an adjacent T
vacant parcel DISTRICT 7—PRINCESS A
ANNE
N
E
D
K.3. C AND C DEVELOPMENT CO,INC.! APPROVED/ 5-4 N Y N Y AN Y N Y Y
ETCPAC,LLC for a Special Exception CONDITIONED
for Alternative Compliance to the
Oceanfront Resort District Form-Based
Code re lot width,lot area,and parking
setbacks at 2508 Pacific Ave&302 26th St
DISTRICT 6—BEACH
1 1
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE:03/19/2019 PAGE: 5
AGENDA
ITEM# SUBJECT MOTION VOTE A H V W W
B E J A R I 0
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O Y L N A 0 AUS 0 T
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T R Y S E S T ENDN
K.4. VIRGINIA BEACH DEVELOPMENT APPROVED/ 9-0 Y Y Y Y A Y Y Y Y Y
AUTHORITY(VBDA)for a Conditional PROFFERED
Change of Zoning from Conditional B-2
Community Business to Conditional I-1
Light Industrial,and Conditional I-1 Light
Industrial to Conditional B-2 Community
Business at the corner of Corporate Landing
Pkwy and General Booth Blvd DISTRICT 7
—PRINCESS ANNE
K.S. TRADITIONAL CONCEPTS,LLC& APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y
VICTORY BAPTIST CHURCH OF PROFFERED/
VIRGINIA BEACH,INC.for a MODIFIED,BY
Conditional Change of Zoning from R-15 CONSENT
Residential to Conditional R-10 Residential
re 13 single-family dwellings and a
Modification of Conditions re religious use
at 4125 Indian River Rd DISTRICT 7—
PRINCESS ANNE
J. APPOINTMENTS: RESCHEDULED B YCONS ENS US
2040 VISION TO ACTION
COMMUNITY COALITION
BOARD OF BUILDING CODE APPEALS
—ELECTRICAL DIVISION
—NEW CONSTRUCTION DIVISION
—PLUMBING AND MECHANICAL
DIVISION
COMMUNITY POLICY AND
MANAGEMENT TEAM
COMMUNITY SERVICES BOARD
DEFERRED COMPENSATION BOARD
HISTORIC PRESERVATION
COMMISSION
HUMAN RIGHTS COMMISSION
INVESTIGATIVE REVIEW PANEL
OPEN SPACE ADVISORY COMMITTEE
PUBLIC LIBRARY BOARD
VIRGINIA BEACH COMMUNITY
DEVELOPMENT CORPORATION
BIKEWAYS AND TRAILS COMMITTEE Appointed: 9-0 Y Y Y Y A Y Y Y Y Y
Dee Oliver
Planning
Commission
Ex-Officio
3/19/19-12/31/2021 _
CLEAN COMMUNITY COMMISSION Reappointed: 9-0 Y Y Y Y A Y Y Y Y Y
Scott Kellam
3 Year Term
4/1/2019-3/31/2022
Appointed:
Justin Burns
Walter Camp
Karen Short
3 Year Term
4/1/2019-3/31/2022
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE:03/19/2019 PAGE: 6
AGENDA
ITEM# SUBJECT MOTION VOTE A H V W W
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T E E ENSN S O O E
T R Y S E S T E N D N
GREEN RIBBON COMMITTEE Appointed: 9-0 Y Y Y Y A Y Y Y Y Y
David Weiner
Planning
Commission
Ex-Officio
3/19/19-12/31/2021
STORM WATER APPEALS BOARD Appointed: 9-0 Y Y Y Y A Y Y Y Y Y
Bobby Tajan
Planning Department
5 Year Term
3/19/2019-3/31/2024
M/N/O ADJOURNMENT 7:24 PM