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Home My WebLink AboutSEPTEMBER 15, 2015 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL `mac N sFgc�r MAYOR WILLIAM D.SESSOMS,JR.,At-Large Ams.. L� VICE MAYOR LOUIS R.JONES,Bayside-District 4I M.BENJAMIN DAVENPORT,At Large ROBERT M.DYER,Centerville-District I BARBARA M.HENLEY,Princess Anne District 7 SHANNON DS KANE,Rose Hall-District 3 JOHN D.MOSS,At Large 9p AMELIA ROSS-HAMMOND,Kempsville-District 2 rE °f OUR PT�NS JOHN E.UHRIN,Beach-District 6 ROSEMARY WILSON,At-Large JAMES L. WOOD,Lvnnhaven-District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVE. CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER-JAMES K.SPORE CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS 15 September 2015 E-MAIL:Ctycncl@vbgov.com CITY CLERK-RUTH HODGES FRASER,MMC p MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room - 5:00 PM A. DEVELOPMENT AUTHORITY- Annual Report Warren Harris, Director—Economic Development II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room- 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Ed Martin, Pastor Francis Ashbury United Methodist 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 September 1, 2015 G. FORMAL SESSION AGENDA 1.CONSENT AGENDA H. PUBLIC HEARINGS 1. Acquisition of Property—Agricultural Reserve Program (ARP) 1619 North Muddy Creek Road 2. Lease of City-owned Property 912 Princess Anne Road—"Old Creeds Library" 3. Byrne Memorial Justice Grant 4. 2016 Legislative Agenda to the Virginia General Assembly I. ORDINANCES 1. Ordinance to AUTHORIZE acquisition of an Agricultural Land Preservation (ARP) Easement and issuance of the City's contractual obligation in the maximum amount of$565,264 to the Bourroughs Family Revocable Trust at 1619 North Muddy Creek Road 2. Ordinances to AUTHORIZE and EXECUTE Leases: a. Senior Resource Center,Inc.re services for Senior Citizens at 912 Princess Anne Road b. Tidewater Youth Services Commission re Lynnhaven Boys Home at 2293 Lynnhaven Parkway 3. Ordinance to AUTHORIZE and EXECUTE Modifications to the Parking Facilities Lease with Lynnhaven Mall, LLC re relocation of parking spaces at the Mall 4. Ordinance to ACKNOWLEGE the intended purchase of Light Rail Vehicles by Hampton Roads Transit with available State funding 5. Resolution to AUTHORIZE and EXECUTE a letter to Hampton Roads Transit for the use of $5,000,000 Federal Transit Administration Grant funds re their portion of the Norfolk Southern Railway right-of-way purchase 6. Resolution to AUTHORIZE a contract between the Community Services Board and the Commonwealth of Virginia re Mental Health,Retardation and Substance Abuse Services 7. Ordinance to EXECUTE an Amended Design Agreement with the U.S. Army Corps of Engineers re Lynnhaven River Basin Ecosystem Restoration 8. Ordinances to ACCEPT and APPROPRIATE Grant Funds: a. $1,386,000 from the U.S. Department of Homeland Security for Staffing for Adequate Fire and Emergency Response (SAFER) re twelve (12) new firefighter positions b. $366,251 from the US Field Hockey Association re Sportsplex repairs, renovations and field maintenance c. $95,475 in Edward Byrne Justice Assistance: 1. $41,048 Sheriff 2. $37,949 Police 3. $16,478 Community Corrections and Pretrial Department d. $75,000 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) re community based resources for older adults e. $60,060 from the Division of Motor Vehicles (DMV) and TRANSFER$30,030 to Police re DUI enforcement f. $52,000 from the Division of Motor Vehicles (DMV) and TRANSFER$26,000 to Police re seat belt enforcement g. $51,441 remaining balance in an interest free loan to Ocean Park Volunteer Rescue Squad, Inc. re ambulance replacement h. $1,000 from Walmart to Fire re the Community Emergency Response Team (CERT) Program J. PLANNING 1. 2700 INTERNATIONAL PARKWAY CORP for Modification of Proffers of a Conditional Change of Zoning from R-7.5 Residential to B-2 Business (approved May 14, 2002); and a Conditional Use Permit re a Mini-Warehouse at 3132 Sturbridge Court DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 2. KAWLIGA DUKES for a Subdivision Variance re a single-family home and private drive at 2884 Indian River Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. IVY LEAGUE ACADEMY and VIRGINIA BEACH FIRST CHURCH OF THE NAZARENE for a Conditional Use Permit re a Private School at 4413 Wishart Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. STAIN STUDIOS and OLD BRANDON LASKIN ASSOCIATES,LLC for a Conditional Use Permit re aTattoo Parlor at 1721 Laskin Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. ESPERANZA FORONDA and JERRY and ESPERANZA FORONDA for a Conditional Use Permit re Assisted Living Housing for Seniors and Disabled Persons at 4672 Indian River Road DISTRICT 1 —CENTERVILLE. RECOMMENDATION: APPROVAL 6. CCW DEVELOPMENT ASSOCIATES and WAYNE DUPREE for a Conditional Change of Zoning from A-12 Apartment to Conditional A-12 Apartment re multiple family units at 596 Sea Oats Way DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 7. Applications of CITY OF VIRGINIA BEACH: a. Conditional Change of Zoning from I-1 Industrial to B-4 Mixed-Use District and Conditional Use Permits re the Housing Resource Center for the Homeless at 104 Witchduck Road DISTRICT 4—BAYSIDE. RECOMMENDATION: APPROVAL • b. AMEND Chapter 2 of the Comprehensive Plan re inclusion of all Strategic Growth Areas (SGA) as meeting the intent of the Virginia Code as Urban Development Areas. RECOMMENDATION: APPROVAL K. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD—CSB DEVELOPMENT AUTHORITY HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW and ALLOCATION COMMITTEE - COG SOUTHEASTERN PUBLIC SERVICE AUTHORITY— SPSA THE PLANNING COUNCIL TIDEWATER COMMUNITY COLLEGE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD 2040 VISION TO ACTION COMMUNITY COALITION COMMISSION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 9/15/15 st -1- (U T3 VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 15, 2015 Mayor William D. Sessoms, Jr., called to order the City Council's Briefing, in the City Council Conference Room, Tuesday, September 15, 2015, at 3:30 P.M. Council Members Present: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson, and James L. Wood Council Members Absent: None September 15, 2015 -2- CITY COUNCIL'S BRIEFING DEVELOPMENT AUTHORITY ANNUAL REPORT ITEM#65180 5:00 P.M. Mayor Sessoms welcomed Warren Harris, Director—Economic Development. Mr. Harris expressed his appreciation to City Council and the Development Authority. He advised the Annual Report is appropriately titled, "A BIG YEAR IN NUMBERS", as the City continues to bustle with opportunities. The City is at a tipping point, exploding with opportunities for increased economic development. City Council has charged the Development Authority to be strategic and aggressive to expand the City's tax base and create new jobs for residents: I 200. A BIG YEAR °rT1 ' " th Mr. Harris introduced Elizabeth Twohy, Chair—Development Authority, to present today's Briefing. Ms. Twohy expressed her appreciation to City Council for their continued support. She recognized and thanked Dot Wood and Shewling Moy for their attendance: •=wmt Him'* -:., VIRGINIA BEACH 2- Elizabeth A.Twohy Stephen 1.McNulty Charles M.Salle Linwood B.Branch Shawling Moy Joseph E.Strange Bryan B.Coffee Peter 8.Mueller Dorothy L.Wood Michael N.Levinson Robert L.Nicholson September 15, 2015 I -3- CITY COUNCIL'S BRIEFING DEVELOPMENT AUTHORITY ANNUAL REPORT ITEM#65180 (Continued) Ms. Twohy advised The Authority brought in fifty-two (52) new projects, totaling$58.74-Million in new capital development and investments. This resulted in the retention of 5,566 existing jobs and the creation of 2,197 new opportunities for Citizens: TOTAL ANNOUNCEMENTS ANNOUNCEMENTS' 52 NEW JOBS: 2.197 RETAINED JOBS: 5,566 INVESTMENT: S58.74N SQUARE FOOTAGE: 937,000 SWAM ANNOUNCEMENTS: 13 INTERNATIONAL ANNOUNCEMENTS: 5 TECHNOLOGY JOBS CREATED: 844 1 PROJECT PER WEEK `4 107 RETAINED JOBS PER WEEK September 15, 2015 -4- CITY COUNCIL'S BRIEFING DEVELOPMENT AUTHORITY ANNUAL REPORT ITEM#65180 (Continued) The EDIP Program is a major factor in the City's ability to compete in the economic market: ` ri C r s ��tir�1 i ,iiy' r ' �y` c • In FY14-15 a total of$1.6 million in EDIP grants were approved, t intended to leverage nearly$60 - F million in new capital investment ` and create and/or retain 2,239 jobs • Since 1994,the VBDA has awarded 190 grants worth$50.25 million i • Created and retained 31,627 jobs and$1.91 billion in new capital investment ,, leg li.w.1 Issuance of Bonds an effective tool allowing the City to stay ahead of competition: 1-,, JISJ "47 i,7-,,, LS } kS +51�� e � i IS §i th`�" W kuaX ', ysF y --1664666— : 1kkkf ,.. fit re ' , fff tla , 3.+_' 1e i ,..-2 zi, b. ''.;:' ,"::,:l.., ,:i..„44:;:, a 1 w 11,0 iihk September 15, 2015 -5 CITY COUNCIL'S BRIEFING DEVELOPMENT AUTHORITY ANNUAL REPORT ITEM#65180 (Continued) Below are the Key Projects and Initiatives from this past year. The City having land readily available is a key factor in attracting economic development. It is imperative the Comp Plan continue to protect "shovel ready"sites. - Val ,, :4;, d e '';tiJ i ;,. ''v% _x 1 =. The "Farm Bureau Live"at Virginia Beach is recognized as one of the top amphitheaters in the country. The venue continued its strong presence this year with twenty-eight (28) events and attendance of nearly 320,000 patrons. To date, the amphitheater has provided more than $23.3 Million in direct Revenue for the City: • 2014 marked the 19" season for Farm Bureau Live atANL* . ' Virginia Beach 'f • Recognized as one of the top � � _ amphitheaters in the country �� ° • Generated more than 523.3 ' �� million in direct revenue for the City to date 'sj3, fir_.. .a , September 15, 2015 -6- CITY COUNCIL'S BRIEFING DEVELOPMENT AUTHORITY ANNUAL REPORT ITEM#65180 (Continued) The City's success is due to the Strategic Plan to "target"business and industries that fit the City's vision for growth. There are seven (7) target areas: 10'41r } Technology is such an important sector and ever-changing and dynamic. This sector is growing and the Authority recognizes its importance in sustaining the City's young workforce. It is no coincidence that 38%of all new jobs in 2014/2015 were in the Technology Sector: ;r:; :',iia 1 V 38%OF ALL • 38%of all new jobs were in the NEW JOBS technology sector IN 14/15 V DOMA Technologies: 150 new jobs WERE IN THE v Marathon Consulting: 39 new jobs TECHNOLOGY ✓ StarChase: 35 new jobs SECTOR. ✓Valkyrie: 100 new jobs ✓VT Milcom: 64 new jobs • Virginia Beach Economic Development 38% hosted the region's first Cybersecurity Roundtable September 15, 2015 -7- CITY COUNCIL'S BRIEFING DEVELOPMENT AUTHORITY ANNUAL REPORT ITEM#65180 (Continued) The Bio/Life Sciences Sector offers unlimited growth potential for the City. March 2013 began this initiative. The Princess Anne Corridor has become the "hub" for Bio Science and Development. Operation Smile and LifeNet Health both expanded their business and added new employees. Also, Molina Healthcare opened their first facility in the City: 1:W; i N: .i..... n e..,a rs��4 :i Io- • City Council approved the establishment of the Virginia Beach Bio Task Force,strategic plans and$1 million for initial funding • VABeachBio was successfully f ,� launched r fy, • Operation Smile added 23 new employees • LifeNet Health expanded their f headquarters and hired an additional 160 employees • Molina Healthcare opened their first B.,- Virginia ,Virginia Beach facility Manufacturing is "alive and growing" in the City. This past year 238 new jobs were created in this target sector: 4:** zit . qt,"� aa` • Haulotte North America announced the relocation of its headquarters to Virginia Beach from Maryland ✓ Creating 67 new jobs ✓ Leasing 87,000 square feet of industrial space • Aetna Insulated Wire invested more than$6.3 million in relocating 25 positions to Virginia Beach • Dreamlight USA added 45 new jobs and$1.16 million in new investment • Acoustical Sheetmetal,Inc.created 48 new jobs • VersAbility created 53 new jobs and invested$2.25 million September 15, 2015 _g_ CITY COUNCIL'S BRIEFING DEVELOPMENT A UTHORITY ANNUAL REPORT ITEM#65180 (Continued) SWaM accounted for 25%of all announcements this past year: a 11: SwaM accounted for 25%of all announcements this " ' past Fiscal Y_ar. ✓ 274 new jobs •�' Y iii ✓ $11.25 million In new investment • i • 17 Virginia Beach Companies among the INC.5000 ' Fastest Growing Companies in America 162.SSb of th=_ t y region's representation) �" :11* 7 • Virginia Beach is home to 33%o#all new startup r :% � activity in MSA ��• r. • The MSA is ranked 19`"in US for business start- i =meg e7 x '� up activity t it ^x ly , • Received$500,000 grant from Kauffmann �, ^ Foundation to become one of 50 US cities to ars r , establish 1 Million Cups entrepreneur engagement � ", program � gr-`° The European Office generated 130 new leads this past year: ? ' o_' r a • leads re generated130new from thewere City's European office ��' • 30%of all economic development prospect * ,� � e foreign-activitywasbasedgenerated companiebys ° e a • S16w �. internationaltaffparticipated marketing missions and events Are �R 1. a tZ.M4 £psi September 15, 2015 -9- CITY COUNCIL'S BRIEFING DEVELOPMENT AUTHORITY ANNUAL REPORT ITEM#65180 (Continued) Workforce Development is committed to "building bridges"to ensure Citizens are prepared for life with or without college: � µ • The Virginia Beach Workforce Development Program is recognized as one of the most successful local . f 4 program in the country ts+ .f, • TCC announced the opening of a new Workforce Solutions Center this fiscal year k • The manufacturing training initiative has continued to expand as IMS:Gear and Hermes Abrasives entered into partnership with STIHL to expand apprenticeship opportunities 1 it 4 � • 1,903 Virginia Beach students obtained VBCPS jq Workplace Readiness Skills Certifications(19%increase from previous year) • 8,481 VBCPS Industry Certifications were earned(12% increase from previous year) • The Brookings institute named Virginia Beach among top 20 U.S.market for jobs closely tied with STEM m • r...� Workforce Development begins early and the GrowSmart Early Childhood Education Program is paramount to the community. It is never too early to learn: jPQA!Nge� i t lig ' �"iviTi t � � ;kt*= `�n r� 4 • The percentage of Virginia Beach children i A entering kindergarten ready to learn has r ryX (i u r `tib°K "S increased from 79%to 90%over the last 11 �° • years ': .7 • Virginia Beach was named one of America's most literate cities last year by USA Today • Through an award-winning partnership with s• the Small Business Development Center . (SEDC),GrowSmart: ✓ Helped participating businesses increase • revenues by an average of 23 ✓ Impacted more than 2,400 families to date • Created 45 jobs • Virginia Beach GrowSmart Foundation was incorporated(2014) September 15, 2015 -10- CITY COUNCIL'S BRIEFING DEVELOPMENT AUTHORITY ANNUAL REPORT ITEM#65180 (Continued) The City launched "YES Oceana"in 2006 which is now an award winning success story. This imitative received the 2014 IEDC Gold Excellence award for Real Estate Redevelopment and Reuse: • Received 2014 IEDC Gold Excellence award for Real Estate Redevelopment &Reuse • To date: • 53 non-conforming commercial properties have been eliminated • $2.4 million have been committed to 30 businesses to promote compatible uses • VBDA has awarded$2.1 million in EDIP grants,leveraging more than $26 million in new private investment • This past fiscal year: • $270,000 total EDIP awards to 6 businesses • Leveraged creation of$13.6 million new investment EST LARGE CITY FOR Si% ' VETERANS TO LIVE w -USA'TODAY.m The Authority's success is a reflection of City Council's Leadership in providing clear guidelines for the future: • Existing Industry • VBDED staff made more than 700 direct contacts with existing businesses 44.• Announced 39 expansions and 1,700 new jobs • 7 expanding companies reported the creation of more than 100 jobs • Business Attraction WE LIKE T�C �� • VBDED staff participated in 14 M (�{� pr p international and 45 domestic A UFAJRCRa'ROW, marketing events • Held meetings with more than 800 business decision makers and consultants a. • Resulted in 13 new location announcements and more than 500 new jobs September 15, 2015 -11- CITY COUNCIL'S BRIEFING DEVELOPMENT AUTHORITY ANNUAL REPORT ITEM#65180 (Continued) The City recently launched a new partnership with Fortune Magazine targeting 500 hand-selected CEOs: 'IlIfreik it"" r ,tea ( Ik i 4R pi _ a22.2% ,...„-:;,T;73,..„.., ' find this pr°Bnm about • Sent to a hand-selected list of virsonue.mbt=b• 500 corporate CEOs and CFOs r ' ., • 9 issues I6 months or e6enme wmp.red • Surveyed audience to monitor ocd»,mrcketi g �mbm my effectiveness of the program p r .. s R 1/3 .1% •....Iwo.w.a .04,40:4011101, Technology is essential in Economic Development and the City's engagement is above the national average: : i d ilk :phi Y� 49 y 1:1,'k.,.. - Arr0.rte {rte ML.'`;: .r, ° K l-2&.;. �� ' 1-,.... �4 111111111111 ._ ' M 11111 _ , , ... ___, September 15, 2015 -12- CITY COUNCIL'S BRIEFING DEVELOPMENT AUTHORITY ANNUAL REPORT ITEM#65180 (Continued) Below are the Key initiatives for 2016: as yw a-; ," ifik ,, C'1144:4, , Z� • Develop Bio program brand and execute marketing plan • Develop marketing program for cyber technology growth • Launch new support initiative for small business and entrepreneurs • Help existing businesses identify new markets,appropriate financing sources and other available resources • Restructure overall incentive program to increase responsiveness • Expand Fortune magazine program in targeted high-cost US markets • Expand engagement with global partners • More closely align marketing efforts with Virginia Beach CVB Ms. Twohy advised the Development Authority appreciates the trust and responsibility granted by City Council. Every day, each volunteer member works tirelessly with a fantastic professional staff to ensure that residents of Virginia Beach live in one of the most economically successful Cities in the world. It is truly an honor to serve this great City: Thank you for supporting our efforts! Mayor Sessoms expressed his appreciation to the Development Authority for all of their great work. September 15, 2015 -13- CITY COUNCIL COMMENTS ITEM#65181 5:30 P.M. Councilman Dyer has received a number of phone calls from Citizens concerning the number of"Group Homes" opening in neighborhoods. The biggest concern is residents are not notified of the Group Home until after-the-fact. Councilman Dyer requested the City Council schedule a Briefing in the near future explaining the opening of Group Homes in neighborhoods. Council Lady Ross-Hammond advised she has received numerous calls. She contacted Zoning and found that the requests do not come before City Council for consideration. Council Lady Kane attended a meeting, along with the City Attorney's Office and Planning Department representatives, to address concerns regarding Group Homes. Unfortunately, there is not a lot that can be done as they are protected by the ADA Law. Councilman Dyer just wants to work on building better lines of communication so Citizens can understand what is happening and when to expect a change in their neighborhoods. September 15, 2015 -14- CITY COUNCIL COMMENTS (Continued) ITEM#65182 Council Lady Ross-Hammond advised 285 new members of Achievable Dreams received new backpacks filled with school supplies. September 15, 2015 -15- CITY COUNCIL COMMENTS (Continued) ITEM#65183 Council Lady Henley received the HB2 Funding for Road Projects in her packet and would like to have an update on the State Funding for Transportation. Councilman Moss was surprised that Rosemont and Holland Roads have some of the highest number of accidents in Hampton Roads but it was not listed as a Safety Project. He would like to understand the individual criteria for scoring. The raw number does not explain the relative ranking or how it was derived. September 15, 2015 -16- CITY COUNCIL COMMENTS (Continued) ITEM#65184 Councilman Moss would like to receive feedback from the State regarding the State of Alabama receiving the Airbus Manufacturing account. The Commonwealth has the Rolls Royce Engine Facility and some of the most qualified individuals in aviation. Councilman Moss is just curious how that all worked out to understand the chemistry of that deal. September 15, 2015 -17- CITY COUNCIL COMMENTS (Continued) ITEM#65185 Councilman Moss saw an article about Sea Level Rise and how it is affecting the insurance industry. The Article went on to say it could factor into the BRAC process in the future. He requested information pertaining to that article as the education would be very helpful. September 15, 2015 -18- CITY COUNCIL COMMENTS (Continued) ITEM#65186 Councilman Davenport attended a Press Conference this morning announcing the first family in the Commonwealth connected to "Gig: Internet. Believe it or not, it is available in Virginia Beach before it is available in Northern Virginia. September 15, 2015 -19- AGENDA REVIEW SESSION 5:37P.M. ITEM#65187 BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: ORDINANCES/RESOLUTION 1. Ordinance to AUTHORIZE acquisition of an Agricultural Land Preservation (ARP) Easement and issuance of the City's contractual obligation in the maximum amount of $565,264 to the Bourroughs Family Revocable Trust at 1619 North Muddy Creek Road 2. Ordinances to AUTHORIZE and EXECUTE Leases: a. Senior Resource Center,Inc. re services for Senior Citizens at 912 Princess Anne Road b. Tidewater Youth Services Commission re Lynnhaven Boys Home at 2293 Lynnhaven Parkway 3. Ordinance to AUTHORIZE and EXECUTE Modifications to the Parking Facilities Lease with Lynnhaven Mall, LLC re relocation of parking spaces at the Mall 4. Ordinance to ACKNOWLEGE the intended purchase of Light Rail Vehicles by Hampton Roads Transit with available State funding 5. Resolution to AUTHORIZE and EXECUTE a letter to Hampton Roads Transit for the use of$5,000,000 Federal Transit Administration Grant funds re their portion of the Norfolk Southern Railway right-of-way purchase 6. Resolution to AUTHORIZE a contract between the Community Services Board and the Commonwealth of Virginia re Mental Health,Retardation and Substance Abuse Services 7. Ordinance to EXECUTE an Amended Design Agreement with the U.S. Army Corps of Engineers re Lynnhaven River Basin Ecosystem Restoration 8. Ordinances to ACCEPT and APPROPRIATE Grant Funds: a. $1,386,000 from the U.S. Department of Homeland Security for Staffing for Adequate Fire and Emergency Response (SAFER) re twelve (12) new firefighter positions b. $366,251 from the US Field Hockey Association re Sportsplex repairs, renovations and field maintenance c. $95,475 in Edward Byrne Justice Assistance: 1. $41,438 Sheriff 2. $37,949 Police 3. $16,478 Community Corrections and Pretrial Department d. $75,000 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) re community based resources for older adults September 15, 2015 -20- AGENDA REVIEW SESSION ITEM#65187 (Continued) e. $60,060 from the Division of Motor Vehicles (DMV) and TRANSFER $30,030 to Police re DUI enforcement f $52,000 from the Division of Motor Vehicles (DMV)and TRANSFER$26,000 to Police re seat belt enforcement g. $51,441 remaining balance in an interest free loan to Ocean Park Volunteer Rescue Squad, Inc. re ambulance replacement h. $1,000 from Walmart to Fire re the Community Emergency Response Team (CERT) Program COUNCILMAN MOSS WILL VOTE A VERBAL NAY ON ITEM#1 MAYOR SESSOMS WILL ABSTAIN ON ITEM#1 ITEM#4 WILL BE CONSIDERED SEPARATELY September 15, 2015 -21- AGENDA REVIEW SESSION ITEM#65187 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING 1. 2700 INTERNATIONAL PARKWAY CORP for Modification of Proffers of a Conditional Change of Zoning from R-7.5 Residential to B-2 Business (approved May 14, 2002); and a Conditional Use Permit re a Mini-Warehouse at 3132 Sturbridge Court DISTRICT 3—ROSE HALL 2. KAWLIGA DUKES for a Subdivision Variance re a single-family home and private drive at 2884 Indian River Road DISTRICT 7—PRINCESS ANNE 3. IVY LEAGUE ACADEMY and VIRGINIA BEACH FIRST CHURCH OF THE NAZARENE for a Conditional Use Permit re a Private School at 4413 Wishart Road DISTRICT 4—BAYSIDE 4. STAIN STUDIOS and OLD BRANDON LASKIN ASSOCIATES, LLC for a Conditional Use Permit re a Tattoo Parlor at 1721 Laskin Road DISTRICT 6—BEACH 5. ESPERANZA FORONDA and JERRY and ESPERANZA FORONDA for a Conditional Use Permit re Assisted Living Housing for Seniors and Disabled Persons at 4672 Indian River Road DISTRICT 1 —CENTERVILLE. 6. CCW DEVELOPMENT ASSOCIATES and WAYNE DUPREE for a Conditional Change of Zoning from A-12 Apartment to Conditional A-12 Apartment re multiple family units at 596 Sea Oats Way DISTRICT 6—BEACH 7. Applications of CITY OF VIRGINIA BEACH: a. Conditional Change of Zoning from I-1 Industrial to B-4 Mixed-Use District and Conditional Use Permits re the Housing Resource Center for the Homeless at 104 Witchduck Road DISTRICT 4—BAYSIDE. b. AMEND Chapter 2 of the Comprehensive Plan re inclusion of all Strategic Growth Areas (SGA) as meeting the intent of the Virginia Code as Urban Development Areas. MAYOR SESSOMS WILL ABSTAIN ON ITEM#1 MAYOR SESSOMS WILL ABSTAIN ON ITEM#6 ITEM#6 WILL BE DEFERRED INDEFINATELY COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#7a COUNTILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#7b September 15, 2015 II -22- ITEM#65188 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION,pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A)(1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees September 15, 2015 -23- ITEM#65188 (Continued) Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 5:43 P.M. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None (Closed Session 5:43 P.M. - 5:53 P.M.) September 15, 2015 -24- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL September 15, 2015 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, September 15, 2015, at 6:00 P.M. Council Members Present: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Vice Mayor Louis R. Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne Bank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of January 13, 2015, is hereby made a part of the record. September 15, 2015 -25- Vice Mayor Jones DISCLOSED,for many years, he served on the Board of Directors of Resource Bank. Three (3)years ago, Fulton Financial Corporation ("Fulton Financial')purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a `personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones'letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire Hathaway Home Services Town Realty ("Berkshire Hathaway"), which was formerly known as Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of transactions it handles in any given year, Berkshire Hathaway has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identjing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 13, 2015, is hereby made a part of the record. Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If, during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Lady Wilson's letter of June 2, 2015, is hereby made a part of the record. September 15, 2015 -26- Item—V-E CERTIFICATION ITEM#65189 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 -27- Item -V-F MINUTES ITEM#65190 Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of September 1, 2015. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 -28- ADOPT AGENDA FOR FORMAL SESSION ITEM#65191 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION September 15, 2015 -29- Item V—H.1 PUBLIC HEARINGS ITEM#65192 Mayor Sessoms DECLARED A PUBLIC HEARING: ACQUISITION OF PROPERTY—AGRICULTURAL RESERVE PROGRAM(ARP) 1619 North Muddy Creek Road There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. September 15, 2015 -30- Item V—H.2 PUBLIC HEARINGS ITEM#65193 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY-OWNED PROPERTY 912 Princess Anne Road— "Old Creeds Library" There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. September 15, 2015 -31- Item V—H.3 PUBLIC HEARINGS ITEM#65194 Mayor Sessoms DECLARED A PUBLIC HEARING: BYRNE MEMORIAL JUSTICE GRANT There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. September 15, 2015 -32- Item V—H.4 PUBLIC HEARINGS ITEM#65195 Mayor Sessoms DECLARED A PUBLIC HEARING: 2016 LEGISLATIVE AGENDA TO THE VIRGINIA GENERAL ASSEMBLY Diana Howard, 1057 Debaca Court, Phone: 721-5128, spoke regarding the following Legislative Agenda Items: • Medicaid Expansion: She spoke in OPPOSITION. She feels it does not make sense to move forward with the Expansion until the 'fraud/waste/abuse" of the system is addressed. • Greenhouse Gas Initiative: She understands this is sponsored by Delegate Villanueva and is a "market-based approach". However, she would like to learn more about this initiative. • Sea Level Rise: She suggests the City stop building at the Beach and spending taxpayer money on Light Rail which, in the long-run, will only affect 1% of the population. She suggests using those funds toward Stormwater Management as that will be a much better use of taxpayer's money. • HRTAC: She does not feel it is appropriate to allow an "alternate" to vote on issues when one may not be aware of all of the facts. Also, it gives the option to "side-step"any conflict of interests. She suggests all regional issues and projects, prior to being considered by HRTAC, should first be voted upon by City Council. This will give Citizens an opportunity to voice their concerns/thoughts prior to consideration. The City Council's Vote will then be taken to the HRTAC meeting and made there as well. • FOIA Amendment: She spoke in SUPPORT regarding the release of information to family members. • VOTER REGISTRATION: She is concerned about the logistics of allowing someone to register to vote the day of the election. Ms. Howard thanked City Council for considering these suggestions. There being no other speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. September 15, 2015 -33- Item -V-I ORDINANCES/RESOLUTION ITEM#65196 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT: Agenda Items 1(MAYOR ABSTAIN and MOSS VERBAL NAY), 2a/b, 3, 5, 6, 7 and 8a/b/c(1/2/3)/d/e/f/g/h. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 -34- Item -V-I.1 ORDINANCES/RESOLUTION ITEM#65197 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE acquisition of an Agricultural Land Preservation (ARP) Easement and issuance of the City's contractual obligation in the maximum amount of$565,264 to the Burroughs Family Revocable Trust at 1619 North Muddy Creek Road Voting: 9-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Abstaining Mayor William D. Sessoms, Jr. Council Members Absent: None September 15, 2015 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $565,264 (PROPERTY OF THE BURROUGHS FAMILY 6 REVOCABLE TRUST) 7 8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 13 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the 14 Installment Purchase Agreement) on certain property located in the City and more fully 15 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 16 $565,264; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 23 purchase as evidenced.by the Installment Purchase Agreement. 24 25 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 3.13% per annum or 35 the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however,that such 37 rate of interest shall not exceed 5.13% unless the approval of the City Council by resolution 38 duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on,the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 5. The City Council hereby authorizes the transfer of $254,369 from the 62 Agricultural Reserve Program Special Revenue Fund (161) to the General Debt Fund 63 (302), and the City Manager is empowered to transfer sufficient additional funds or return 64 funds not required,within the dollar limits provided by the Annual Appropriation Ordinance, 65 to purchase the United States Treasury STRIPS as described in the Installment Purchase 66 Agreement. 67 68 6. The City Council hereby authorizes the City Manager or his designee to seek 69 reimbursement from the Virginia Department of Agriculture and Consumer Services for up 70 to fifty percent (50%) of the reimbursable costs incurred by the City for acquisition of the 71 Development Rights. 72 73 Adoption requires an affirmative vote of a majority of all members of the City 74 Council. 75 76 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15th day of 77 September 2015. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: jtc-- ‘1 Q jOiL3 Agriculture Department Management Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: F FUN • L..CCCC 2, &: ) )1, L-plc L,1 Director of Finance City Attorney's Office i CA13441 \\vbgov.com\DFS1 Wppl!cations\CityLawProd\cycom32\Wpdocs\D011\P015\00049813.DOC R-1 Date: September 3, 2015 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2014-135 SUMMARY OF TERMS SELLER: Burroughs Family Revocable Trust PROPERTY LOCATION: 1619 N. Muddy Creek PURCHASE PRICE: $565,264 EASEMENT AREA: 50.47 acres, more or less DEVELOPMENT POTENTIAL: 2 single-family dwelling sites (0 reserved by Seller) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.13% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement ("IPA")). Rate may not exceed 5.13%without approval of City Council. TERMS: Interest only, twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one(1) year following execution and delivery of the IPA. 11 lil , . , r itrt i r�'. Y . g n t t . f 1 3 r ; s' L L , Z E >. (ain t r O / _ CU '0 CC W -13 t ri i C d a Q -a G N CU , V Ci ks 0 crl C ZLn , J p C7 t O. tl t l / k +ti* 1 E t q i , `i lis , II G1141A•$F4C 0. � City of Vires;it iia Beach z 99 5 4z. OF 0. OUR No% VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms @ vbgov.com In Reply Refer to 0056093 September 15, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of$565,264(Property of the Burroughs Family Revocable Trust). The property is located at 1619 North Muddy Creek Road. 2. The applicant has identified TowneBank as a financial services provider with respect to this application. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 4. I hereby disclose this interest and will abstain from voting on this matter. II Mrs. Ruth Hodges Fraser -2- September 15, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, William D. essoms Mayor WDS/RRI -35- Item-V-I.2a ORDINANCES/RESOLUTION ITEM#65198 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE and EXECUTE a Lease: a. Senior Resource Center, Inc. re services for Senior Citizens at 912 Princess Anne Road Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE AND COOPERATIVE 3 AGREEMENT FOR UP TO 5 YEARS WITH THE 4 SENIOR RESOURCE CENTER, INC. FOR A CITY 5 BUILDING LOCATED AT 912 PRINCESS ANNE ROAD 6 7 WHEREAS, volunteer members of Senior Resource Center, Inc., ("SRC") and 8 the City of Virginia Beach (the "City") cooperatively provide support and services to 9 senior citizens residing in the southern part of Virginia Beach; 10 11 WHEREAS, SRC has been operating from a City-owned building located at 912 12 Princess Anne Road, Virginia Beach, Virginia, formerly known as the Old Creeds 13 Library (the "Premises"), for the past 8 years; 14 15 WHEREAS, SRC and the City wish to enter into a lease and cooperative 16 agreement for use of the Premises and memorialization of the support services to be 17 provided by the City to SRC; 18 19 WHEREAS, the Premises will be utilized for providing senior citizens living in the 20 southern part of Virginia Beach and their caregivers with resources and assistance, and 21 for no other purpose; and 22 23 WHEREAS, SRC has agreed to pay the City $1.00 per year for the use of the 24 Premises. 25 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager is hereby authorized to execute any documents necessary 30 to lease the Premises and provide support services to the Senior Resource Center, Inc. 31 for up to 5 years, in accordance with the Summary of Terms attached hereto as Exhibit 32 A and made a part hereof, and such other terms, conditions or modifications as may be 33 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the 15 t hday of 36 September, 2015. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM kf2atiLa-/L-h72) :6-(4 Z� City Attorney Public Work Facilities anagement CA13227 R-1 September 3, 2015 SUMMARY OF TERMS LEASE AND COOPERATIVE AGREEMENT WITH THE SENIOR RESOURCE CENTER, INC., FOR 912 PRINCESS ANNE ROAD LESSOR: City of Virginia Beach LESSEE: Senior Resource Center, Inc., a Virginia non-stock, tax exempt charitable organization PREMISES: 912 Princess Anne Road (Old Creeds Library — Building Only) TERM: July 1, 2015 —June 30, 2020 (5 years) RENT: $1.00 per year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises to provide senior citizens living in the southern part of Virginia Beach and their caregivers with resources and assistance, and for no other purpose. • Maintain Premises by keeping all equipment and improvements in a safe, clean and orderly condition. • Maintain applicable liability insurance, as determined by the City's Risk Manager. • Any agreement involving the land will be made separately between SRC and Schools, if necessary. RIGHTS AND RESPONSIBILITIES OF CITY: • The City's Department of Human Services ("DHS") will have one staff member working up to 16 hours per week, to: (a) provide service/resource information applicable and available to senior citizens in Virginia Beach, (b) consult with family caregivers and senior citizens, and (c) provide SRC reports, pamphlets and other materials to be used for senior citizens. • The City's Department of Communications and Information Technology ("ComIT") shall provide updates to software and hardware; provide IT support assistance for City-owned equipment and associated DHS services. • The City's Department of Public Works shall provide building maintenance and custodial services. TERMINATION: • City may terminate at any time by giving sixty (60) days advance written notice. I LOCATION MAP SENIOR RESOURCE CENTER ("PREMISES") 912 PRINCESS ANNE ROAD, VIRGINIA BEACH PART OF GPIN 2400-50-4742 ,,..,..",-/ m �r v` t,-A,„, 444,47W'4:p'41.'..,"'"7.. :7' ., —,4 ; ,,,,, , -,,,,,-,--,, ., .:,,,,,,.....-, �AP"_r m. ` ti. ' i , d F ....1c:#4..., , i.,,, ,,:,,,, / ' - .., , , . ,, ,, , 1,/ ",, „......-....„: , ,tr:fiv t, ,,. . f„,,, .,„,„ 1,.„ r ".,.,4t,„_,:.,:„!", _ # 4141, x f) �.. , r: kms`''. t ' bf , 4 x { *� � ; I lii" ' "''' ? i fix• �... s4- ': ` •� m a = SENIOR RESOURCE CENTER BUILDING -36- Item -V-I.2a ORDINANCES/RESOLUTION ITEM#65199 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE and EXECUTE a Lease: b. Tidewater Youth Services Commission re Lynnhaven Boys Home at 2293 Lynnhaven Parkway Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO TWO 3 (2) YEARS WITH TIDEWATER YOUTH SERVICES 4 COMMISSION FOR CITY-OWNED PROPERTY 5 LOCATED AT 2293 LYNNHAVEN PARKWAY, 6 KNOWN AS THE LYNNHAVEN BOYS HOME 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 9 certain parcel of land located at 2293 Lynnhaven Parkway in the City of Virginia 10 Beach, GPIN: 1475-35-2438 (the "Property"); 11 12 WHEREAS, Tidewater Youth Services Commission (formerly known as 13 Tidewater Regional Group Home Commission), a public body corporate 14 established pursuant to Virginia Code §16.1-315, et seq. ("TYSC") leases a 15 portion of the Property and the 4,080 square foot building located thereon (the 16 "Premises"); 17 18 WHEREAS, TYSC has agreed to continue leasing the Premises from the 19 City for up to two (2) years, with a lease payment of one dollar ($1.00) per year; 20 and 21 22 WHEREAS, TYSC will use the Premises as a group home for moderate 23 risk boys between the ages of twelve and seventeen, and for no other purpose. 24 25 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 28 That the City Manager is hereby authorized to execute a lease for a term 29 of up to two (2) years, between Tidewater Youth Services Commission and the 30 City, for the Premises in accordance with the Summary of Terms, attached 31 hereto as Exhibit A and made a part hereof, and such other terms, conditions or 32 modifications as may be acceptable to the City Manager and in a form deemed 33 satisfactory by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the 15th 36 day of September2015. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM 7'Y1 l ( ey CityAttorneyPublic Wo s/FacilitiiM Management CA13229 R-1 September 2, 2015 SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY LOCATED AT 2293 LYNNHAVEN PARKWAY, KNOWN AS THE LYNNHAVEN BOYS HOME LESSOR: City of Virginia Beach LESSEE: Tidewater Youth Services Commission PREMISES: A portion of the property located at 2293 Lynnhaven Parkway (GPIN 1475-55-2438) and the 4,080 sq. ft. building located thereon INITIAL TERM: October 1, 2015 through September 30, 2016 OPTION TERM: October 1, 2016 through September 30, 2017 RENT: Rent shall be one dollar($1.00) per year RIGHTS AND RESPONSIBILITIES OF TIDEWATER YOUTH SERVICES COMMISSION: • Maintain a group home licensed by the Board of Juvenile Justice for boys ages 12-17. Such boys will have been referred from the Court Services Unit or Department of Social Services, and have not been incarcerated. Each boy will stay an average of 4-6 months, the majority of the boys remaining in custody of their parent/guardian with the goal of returning to their family home upon successful completion of the program. • Keep, repair, and maintain the Premises at its expense, and do so in a workmanlike manner. • Maintain public liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. City of Virginia Beach shall be named as an additional insured. • Assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Perform all necessary replacements and extraordinary repairs of roof and structural elements of the building, and provide landscape maintenance. • City may terminate at any time with thirty (30) days advance written notice to Lessee. LOCATION MAP LYNNHAVEN BOYS HOME 2293 LYNNHAVEN PARKWAY, VIRGINIA BEACH PART OF GPIN 1475-35-2438 ti o • } /- •IDA5S0 DR ' / SMA • \ 0 I w \` i...,, - .. ., °aa LYNNHAVEN BOYS 1 ,, , HOME(4,080 SQ.FT.) 0 de." 4 l D II(Er a - v•, 411 1 4 e x d i r APPROXIMATE LEASE AREA* North * LEASE AREA IS DESIGNATED BY A FENCE AT THE NORTHERN AND WESTERN BOUNDARIES; LYNNHAVEN PARKWAY ON THE SOUTH AND A COMMON DRIVEWAY ON THE EAST. -37- Item -V-I.3 ORDINANCES/RESOLUTION ITEM#65200 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE and EXECUTE Modifications to the Parking Facilities Lease with Lynnhaven Mall, LLC re relocation of parking spaces at the Mall Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A MODIFICATION 3 TO THE PARKING FACILITIES LEASE AT 4 LYNNHAVEN MALL 5 6 WHEREAS, Knickerbocker Properties, Inc. III ("Knickerbocker") and the City of 7 Virginia Beach (the "City") entered into a Parking Facilities Lease dated October 4, 2002 8 (the "Parking Lease") to facilitate a renovation to Lynnhaven Mall (the "Mall"); 9 10 WHEREAS, the term of the Parking Lease extends until October 4, 2022 and 11 provides for the City to lease 725 designated parking spaces located within a 2-level 12 parking deck at the Mall; 13 14 WHEREAS, in 2003, Knickerbocker conveyed the Mall property to Lynnhaven 15 Mall, L.L.C., a Virginia limited liability company; 16 17 WHEREAS, Lynnhaven Mall, L.L.C. is currently in the midst of a major 18 redevelopment and renovation of the Mall, including reducing the size of the existing 19 parking deck and reconfiguring the entrance to the Mall; 20 21 WHEREAS, Lynnhaven Mall, L.L.C. has requested a modification to the Parking 22 Lease to allow the removal of 361 City-leased parking spaces from the second level of 23 the parking deck and the relocation of said spaces to an adjacent ground level; 24 25 WHEREAS, the requested modification to the Parking Lease only changes the 26 location of the City-leased parking spaces, and all other terms and conditions contained 27 in the Parking Lease remain unchanged and in full force and effect; and 28 29 WHEREAS, City staff has determined that the change in the location of the City- 30 leased parking spaces has no adverse effect on the public and that the Mall will still 31 have adequate parking facilities. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 36 That the City Manager is hereby authorized to execute a modification to the 37 Lynnhaven Mall Parking Facilities Lease dated October 4, 2002, so long as such 38 modification conforms to the specifications set forth above, and such other terms, 39 conditions or modifications as may be acceptable to the City Manager and in a form 40 deemed satisfactory by the City Attorney. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15thday 43 of September , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 41Por.A Lt. if. - teLtatanategic rowth A rea e City Attorney CA13440 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\W pdocs\D024\P019\00231816.docx R-1 September 3, 2015 -38- Item-V-L4 ORDINANCES/RESOLUTION ITEM#65201 George Keen, did not respond when called to speak. Joseph Belec, 605 Barberton Drive, Phone: 348-5543, advised, as City Council knows, there is a lot of information and misinformation regarding Light Rail. He is a huge fan of public transportation but does not support the notion it can come at any cost. The Voters supported the Referendum to "support all reasonable efforts" but the Draft Environmental Impact Study (DEIS) did not support Light Rail. The costs have "sky-rocketed" and, in his opinion, is contrary to what the City should be focusing on. The recent announcement from Virginia Transportation Secretary, Aubrey Lane, in that the funding will now come from State and Local dollars, with no support from the Federal Government, is a game changer. He emailed Mr. Lane but, to date, has not received a response. Citizens were led to believe that once the DEIS was complete, a decision would be made based upon those findings. Now, all of a sudden, that has changed. The State is going to do what they are going to do regardless of the Vote tonight. The State does not need the City's endorsement or permission. This is not the City's decision and if this is passed tonight, the City will be held liable for the money to purchase the trains. Marvin Keefer, did not respond when called to speak. Donna Sayegh, 3104 Garland Drive, Phone: 638-3755, expressed concern regarding how much control the State and Federal Governments have over the towns and cities. The big push is to reduce climate change and by extending Light Rail, they are leading Citizens to believe congestion and air pollution will be reduced. However, the Hampton Roads Transportation Planning Organization is using ineffective and outdated information. September 15, 2015 -39- Item -V-I.4 ORDINANCES/RESOLUTION ITEM#65201 (Continued) Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council ADOPTED, Ordinance to ACKNOWLEGE the intended purchase of Light Rail Vehicles by Hampton Roads Transit with available State funding Voting.• 9-2 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Robert M Dyer John D. Moss Council Members Absent: None September 15, 2015 1 AN ORDINANCE TO ACKNOWLEDGE AN 2 INTENDED PURCHASE OF VEHICLES FOR THE 3 TIDE LIGHT RAIL SYSTEM BY HAMPTON ROADS 4 TRANSIT 5 6 WHEREAS, the City adopted a Locally Preferred Alternative for the Virginia 7 Beach Transit Extension Study ("VBTES") that would extend The Tide Light Rail System 8 (the "System") to Town Center with a Constitution Drive terminus (the "Town Center 9 Extension"); and 10 11 WHEREAS, Hampton Roads Transit ("HRT") and the Virginia Department of Rail 12 and Public Transportation ("DRPT") have identified a contract for light rail vehicles in 13 Minnesota that would allow the option to purchase four vehicles (the "Vehicles") at an 14 estimated cost per vehicle of$4.3 million; and 15 16 WHEREAS, the Council included in its FY16 Capital Improvement Program 17 Appropriation Ordinance (the "FY16 CIP") a limitation that would prohibit the City 18 Manager or designee from authorizing another entity or body "whether state, local, or 19 regional in nature" to initiate an order of light rail vehicles; and 20 21 WHEREAS, the Council desires to remove any impediment created by the City's 22 FY16 CIP; and 23 24 WHEREAS, the Council intends to make a final decision regarding construction 25 of the Town Center Extension upon the evaluation of competitive bids or proposals; and 26 27 WHEREAS, the Commonwealth, through the Secretary of Transportation, has 28 committed to make funding available for the Vehicles and assured the City it will not be 29 responsible for the cost of the Vehicles if Council decides not to pursue construction of 30 the Town Center Extension; and 31 32 WHEREAS, the Commonwealth has proposed a cost share for the extension of 33 the System wherein the Commonwealth provides $155 million in state funding and the 34 City is responsible for amounts above the state funding (the "Cost Share"); and 35 36 WHEREAS, if the City Council approves the construction of the Town Center 37 Extension, the purchase price of the Vehicles would be included in the Cost Share; 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA, THAT: 41 42 The City Council acknowledges Hampton Roads Transit intends to purchase 43 Vehicles for the Tide Light Rail System, and if the City Council proceeds with 44 construction of the Town Center Extension, the purchase price of the Vehicles would be 45 part of the Cost Share between the City and the Commonwealth. 46 II 47 BE IT FURTHER ORDAINED, THAT: 48 49 Nothing in this ordinance amends or changes the Transportation Partnership 50 Opportunity Fund Grant authorized by the City Council on September 14, 2010. Adopted by the Council of the city of Virginia Beach, Virginia, on the 15th day of September 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 411k .♦ ity Managers Office City ey s Office •CA13429 R-3 September 4, 2015 -40- Item-V-I.5 ORDINANCES/RESOLUTION ITEM#65202 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT:Resolution to AUTHORIZE and EXECUTE a letter to Hampton Roads Transit for the use of$5,000,000 Federal Transit Administration Grant funds re their portion of the Norfolk Southern Railway right-of-way purchase Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 1 A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LETTER TO HAMPTON 3 ROADS TRANSIT ACKNOWLEDGING HRT'S 4 UTILIZATION OF FEDERAL FUNDS FOR ITS 5 CONTRIBUTION TOWARDS THE CITY'S 6 ACQUISITION OF THE FORMER NORFOLK 7 SOUTHERN RIGHT-OF-WAY (GPIN: 1467-13-1924) 8 9 WHEREAS, On September 24, 2010, the City of Virginia Beach acquired from 10 the Norfolk Southern Railway Company ("Norfolk Southern") its former railroad line (the 11 "Right-of-Way") from Newtown Road to Birdneck Road in Virginia Beach; 12 13 WHEREAS, the purchase of the Right-of-Way, valued at a total of $40,000,000, 14 was to be funded as follows: $15,000,000 from the City; $20,000,000 from the 15 Commonwealth; and $5,000,000 from Hampton Roads Transit ("HRT"); 16 17 WHEREAS, HRT has not yet paid the $5,000,000 to Norfolk Southern and is 18 seeking a grant from the Federal Transit Administration ("FTA") to fund five (5) equal 19 one million dollar payments over a period of five (5) consecutive years using Federal 20 Regional Surface Transportation Program Funds ("STP") and/or successor program 21 funds, if programmed, allocated and approved by FTA; 22 23 WHEREAS, FTA will not approve funding the grant without the City's 24 acknowledgement that the federal funds will be used to satisfy HRT's portion of the 25 purchase price for the Right-of-Way; that HRT's contribution of the purchase price for 26 the Right-of-Way represents 12.5% of the total purchase price; and that the Right-of- 27 Way will remain available as a corridor for a public transportation project and the City 28 will refrain from any activity or use that would prevent its use as a public transportation 29 corridor; and 30 31 WHEREAS, the City Council desires to acknowledge HRT's utilization of a $5 32 million grant from FTA in order for HRT to receive the funding to resolve all aspects of 33 the City's purchase of the Right-of-Way from Norfolk Southern. 34 35 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 36 VIRGINIA: 37 38 That City Council hereby authorizes the City Manager to execute a letter, in 39 substantially the form attached hereto as Exhibit A and made a part hereof, subject to 40 such changes and modifications as may be acceptable to the City Manager and in a 41 form deemed satisfactory by the City Attorney. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day 44 of September , 2015. APPROVED AS TO CONTENT' APPROVED AS TfD LEGAL SUFFICIENCY Ak ``VA City snag is Office City Attorney's Office CA13446 R-1 9/1/15 \\vbgov.com\dfsl\applications\citylawprod\cycom 32\wpdocs\d001\p017\00233570.doc EXHIBIT "A" September , 2015 William Harrell, President and CEO Hampton Roads Transit 1500 Monticello Avenue Norfolk, VA 23510 RE: HRT's Utilization of Federal Transit Administration Funds for the City's Acquisition of the Norfolk Southern Right of Way in Virginia Beach, Virginia, approximately 10.7 miles in length with varying widths from Mile Post VB-4.8 eastwardly to Mile Post VB-15.5 ("NSROW") Dear Mr. Harrell: The City of Virginia Beach ("City") purchased the NSROW from the Norfolk Southern Railway Company ("Norfolk Southern") to establish a corridor for a future transit project in the City. The future transit project is intended to be an extension of the current light rail system in Norfolk, Virginia, known as The Tide. The City anticipates expanding The Tide from Norfolk into Virginia Beach on or before the end of Federal Fiscal Year 2034. The purchase price for the NSROW was forty million dollars ($40,000,000.00). HRT agreed to pay Norfolk Southern five million dollars ($5,000,000) of the purchase price in five (5) equal one million dollar payments over a period of five (5) consecutive years using Federal Regional Surface Transportation Program Funds (STP) and/or successor program funds, if programmed, allocated, and approved by the Federal Transit Administration (FTA). For purposes of this letter, the acquisition of the NSROW and the use of FTA approved funds for same is referred to as "the Federal Project." The sum of the HRT's agreed payments represents twelve and a half percent (12.5%) of the total NSROW purchase price. As of the date of this letter, the City understands that the FTA has yet to release the STP funds to HRT. The City further understands that the FTA requires the City to make certain acknowledgments before the STP funds will be released to HRT. Accordingly, the City acknowledges that HRT will use the STP funds to satisfy HRT's portion of the NSROW purchase price. The City further acknowledges that the NSROW will remain available as a corridor for a public transportation project and the City will refrain from any activity or use that would prevent its use as a public transportation corridor. Sincerely, James K. Spore City Manager Virginia Beach -41- Item-V-I.6 ORDINANCES/RESOLUTION ITEM#65203 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to AUTHORIZE a contract between the Community Services Board and the Commonwealth of Virginia re Mental Health,Retardation and Substance Abuse Services Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 1 A RESOLUTION APPROVING A CONTRACT BETWEEN 2 THE COMMUNITY SERVICES BOARD AND THE STATE 3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 That the City Council hereby approves Fiscal Year 2015-16 performance contract 6 between the City of Virginia Beach Community Service Board and the Virginia Department 7 of Behavioral Health and Developmental Services (a summary of which is attached as 8 Exhibit A), which provides State-controlled performance contract funding to the Community 9 Service Board. Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of September , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • �--- Budget and Management Servibes to y' ffice CA13430 R-1 August 27, 2015 11 FY 2016 Community Services Performance Contract: Renewal and Revision FY 2016 Exhibit A: Resources and Services Virginia Beach Community Services Board Consolidated Budget(Pages AF-3 through AF-8) Funding Sources Mental Health Developmental Substance TOTAL Services Services Abuse Services State Funds 8,343,630 835,614 2,215,170 11,394,414 Local Matching Funds 8,778,349 7,738,085 0 16,516,434 Total Fees 5,523,051 19334.047 482,587 25,339,685 Transfer Fees Int(Out) 178,140 0 -178,140 0 Federal Funds x34,662 0 1,796,482 2.131,144 Other Funds 104.468 266,294 74,065 444,827 State Retained Earnings 594,980 109,062 7,500 711,542 Federal Retained Earnings 0 *, � .- di._ z 0 0 Other Retained Earnings 0 0 8,000 8,000 Subtotal Ongoing Funds 23,857,280 28,283,102 4,405,664 56,546,046 State Funds One-Time 0iihr".„- 0 0 ,E Federal Funds One-Time 0 'Y' = 0 0 -mrr Subtotal One-Time Funds 0 0 0 o TOTAL ALL FU N DS 23,857.280 28,283,102 4,405,664 56,546,046 Cost for M HIDVISA Services 23,303,634 27,845,636 2.258,676 53,407,946 L Cost for Emergency Services(AP-4) 2,017,207 Cost for Ancillary Services (AP-4) 1,120,893 Total Cost 56,546,046 Local Match Computation CSB Administrative Expenses Total State Funds 11,394,414 Total Admin. Expenses 6,257,967 Total Local Matching Funds 16,516,434 Total Expenses 56,546.046 Total State and Local Funds 27,910,848 Administrative Percent 11.07% Total Local Match% 59.18% (Local/Total State+ Local) Report Date 7/2/2015 AF-1 FY 2016 Community Services Performance Contract Financial Summary Exhibit A: Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds FEES MH Medicaid Fees 3,778,335 MH Fees:Other 1,744,716 Total MU Fees 5,523,051 MH Transfer Fees In/(Out) 178,140 MH Net Fees 5,701,191 FEDERAL FUNDS MH FBG SED Child&Adolescent(93.958) 221,924 MH FBG Young Adult SMI(93.958) 0 MH FBG SMI(93.958) 15,087 MH FBG SMI PACT(93.958) 0 MH FBG SMI SWVMH Board(93.958) 0 Total MU FBG SMI Funds 15,087 MH FBG Geriatrics(93.958) 0 MH FBG Consumer Services(93.958) 0 Total MH FBG Adult Funds 15,087 MH Federal PATH(93.150) 22,481 MH Other Federal-DBHDS 0 MH Other Federal-CSB 75,170 Total MH Federal Funds 334,662 STATE FI INnc Regional Funds MH Acute Care(Fiscal Agent) 0 MH Acute Care Transfer In/(Out) 0 MH Net Acute Care-Restricted 0 MH Regional DAP(Fiscal Agent) 0 MH Regional DAP Transfer In/(Out) 635,599 MH Net Regional DAP-Restricted 635,599 MH 2014 DAP(Fiscal Agent) 0 MH 2014 DAP-Transfer In/(Out) 0 Total Net MH 2014 DAP-Restricted 0 MH Regional Residential DAP-Restricted 0 MH Crisis Stabilization(Fiscal Agent) 0 MH Crisis Stabilization-Transfer In/(Out) 789,245 Total Net MH Crisis Stabilization-Restricted 789,245 MH Recovery(Fiscal Agent) 0 MH Other Merged Regional Funds(Fiscal Agent) 0 MH Total Regional Transfer In/(Out) 1,593,689 Total MH Net Unrestricted Regional State Funds 1,593,689 Total MH Net Regional State Funds 3,018,533 AF-3 Report Date 7/2/2015 FY 2016 Community Services Performance Contract Financial Summary Exhibit A: Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds Children State Funds MH Child&Adolescent Services Initiative 338,661 MH Children's Outpatient 75,000 Total MH Restricted Children's Funds 413,661 MH State Children's Services 25,000 MH Juvenile Detention 111,724 MH Demo Proj-System of Care(Child) 0 Total MH Unrestricted Children's Funds 136,724 MH Crisis Response&Child Psychiatry(Fiscal Agent) 0 MH Crisis Response&Child Psychiatry Transfer In/(Out) 88,690 Total MH Net Restricted Crisis Response&Child Psychiatry 88,690 Total State MH Children's Funds(Restricted for Children) 639,075 Other State Funds MH Law Reform 397,790 MH Pharmacy-Medication Supports 29,949 MH Jail Diversion Services 354,300 MH Adult Outpatient Competency Restoration Srvs 0 MH CIT-Assessment Sites 0 MH Expand Telepsychiatry Capacity 0 MH Young Adult SMI 0 MH Expanded Community Capacity(Fiscal Agent) 0 MH Expanded Community Capacity Transfer In/(Out) 296,386 Total MU Net Expanded Community Capacity 296,386 MH First Aid and Suicide Prevention(Fiscal Agent) 0 MH First Aid and Suicide Prevention Transfer In/(Out) 0 Total MH Net First Aid and Suicide Prevention 0 Total MU Restricted Other State Funds 1,078,425 MH State Funds 2,757,597 MH State Regional Deaf Services 0 MH State NGRI 0 MH PACT 850,000 MH Geriatrics Services 0 Total MH Unrestricted Other State Funds 3,607,597 Total MH Other State Funds 4,686,022 TOTAL MH STATE FUNDS 8,343,630 AF-4 Report Date 712/2015 FY 2016 Community Services Performance Contract Financial Summary Exhibit A:Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds OTHER FUNDS MH Other Funds 104,468 MH Federal Retained Earnings 0 MH State Retained Earnings 70,130 MH State Retained Earnings-Regional Prog 524,850 MH Other Retained Earnings 0 Total MH Other Funds 699,448 LOCAL MATCHING FUNDS MU Local Government Appropriations 8,778,349 MH Philanthropic Cash Contributions 0 MH In-Kind Contributions 0 MH Local Interest Revenue 0 Total MH Local Matching Funds 8,778,349 Total MH Funds 23,857,280 MH ONETIME FUNDS MH FBG SMI(93.958) 0 MH FBG SED Child&Adolescent(93.958) 0 MH FBG Consumer Services(93.958) 0 MH State Funds 0 Total One Time MH Funds 0 Total MH All Funds 23,857,280 AF-5 Report Date 7/2/2015 FY 2016 Community Services Performance Contract Financial Summary Exhibit A: Resources and Services Developmental Services(DV) Virginia Beach Community Services Board Funding Sources Funds FEES DV Other Medicaid Fees 8,529,550 DV Medicaid ICF/ID 10,224,476 DV Fees:Other 580,021 Total DV Fees 19,334,047 DV Transfer Fees In/(Out) 0 DV NET FEES 19,334,047 FEDERAL FUNDS DV Other Federal-DBHDS 0 DV Other Federal-CSB 0 Total DV Federal Funds 0 STATE FUNDS DV State Funds 809,058 DV OBRA 26,556 Total DV Unrestricted State Funds 835,614 DV Rental Subsidies 0 0 DV Crisis Stabilization(Fiscal Agent) DV Crisis Stabilization Transfer In(Out) 0 DV Net Crisis Stabilization 0 DV Crisis Stabilization-Children(Fiscal Agent) 0 DV Crisis Stabilization-Children Transfer In(Out) 0 DV Net Crisis Stabilization-Children 0 Total DV Restricted State Funds 0 Total DV State Funds 835,614 OTHER FUNDS DV Workshop Sales 0 DV Other Funds 266,294 DV State Retained Earnings 109,062 DV State Retained Earnings-Regional Prog 0 DV Other Retained Earnings 0 Total DV Other Funds 375,356 LOCAL MATCHING FUNDS DV Local Government Appropriations 7,738,085 DV Philanthropic Cash Contributions 0 DV In-Kind Contributions 0 DV Local Interest Revenue 0 Total DV Local Matching Funds 7,738,085 Total DV Funds 28,283,102 AF-6 Report Date 7/2/2015 FY 2016 Community Services Performance Contract Financial Summary Exhibit A: Resources and Services Substance Abuse(SA)Services Virginia Beach Community Services Board Funding Sources Funds FEES SA Medicaid Fees 439,155 SA Fees:Other 43,432 Total SA Fees 482,587 SA Transfer Fees In/(Out) -178,140 SA NET FEES 304,447 FEDERAL FUNDS SA FBG Alcohol/Drug Trmt(93.959) 985,968 SA FBG SARPOS(93.959) 65,231 SA FBG Jail Services (93.959) 165,147 SA FBG Co-Occurring(93.959) 34,574 SA FBG New Directions(93.959) 0 SA FBG Recovery(93.959) 0 Total SA FBG A/D Trmt Funds 1,250,920 SA FBG Women(includes LINK at 6 CSBs)(93.959) 167,279 SA FBG Prevention-Women(LINK)(93.959) 20,000 Total SA FBG Women 187,279 SA FBG Prevention(93.959) 276,020 SA FBG Prey-Family Wellness(93.959) 82,263 Total SA FBG Prevention 358,283 SA Other Federal-DBHDS 0 SA Other Federal-CSB 0 TOTAL SA FEDERAL FUNDS 1,796,482 STATE FUNDS Regional Funds SA Facility Reinvestment(Fiscal Agent) 0 SA Facility Reinvestment Transfer In/(Out) 476,036 SA Net Facility Reinvestment 476,036 Other State Funds SA Women(includes LINK at 4 CSBs)(Restricted) 1,800 SA Recovery Employment 0 SA Peer Support Recovery 0 Total SA Restricted Other State Funds 1,800 AF_7 Report Date 7/2/2015 FY 2016 Community Services Performance Contract Financial Summary Exhibit A: Resources and Services Substance Abuse(SA)Services Virginia Beach Community Services Board Funding Sources Funds SA State Funds 1,400,234 SA Region V Residential 131,215 SA Jail Services/Juv Detention 27,216 SA MAT-Medically Assisted Treatment 0 SA SARPOS 76,097 SA Recovery 0 SA HIV/AIDS 102,572 Total SA Unrestricted Other State Funds 1,737,334 Total SA Other State Funds 1,739,134 TOTAL SA STATE FUNDS 2,215,170 OTHER FUNDS SA Other Funds 74,065 SA Federal Retained Earnings 0 SA State Retained Earnings 7,500 SA State Retained Earnings-Regional Prog 0 SA Other Retained Earnings 8,000 Total SA Other Funds 89,565 LOCAL MATCHING FUNDS SA Local Government Appropriations 0 SA Philanthropic Cash Contributions 0 SA In-Kind Contributions 0 SA Local Interest Revenue 0 Total SA Local Matching Funds 0 Total SA Funds 4,405,664 SA ONE-TIME FUNDS SA FBG Alcohol/Drug Trmt(93.959) 0 SA FBG Women(includes LINK-6 CSBs)(93.959) 0 SA FBG Prevention(93.959) 0 SA State Funds 0 Total SA One-Time Funds 0 Total All SA Funds 4,405,664 AF-S Report Date 7/2/2015 FY 2016 Community Services Performance Contract Local Government Tax Appropriations Virginia Beach Community Services Board City/County Tax Appropriation Virginia Beach City 16,516,434 Total Local Government Tax Funds: 16,516,434 Report Date 7/2/2015 AF-9 FY 2016 Community Services Performance Contract: Renewal and Revision FY 2016 Exhibit A: Resources and Services Supplemental Information Reconciliation of Projected Revenues and Utilization Data Core Services Costs by Program Area Virginia Beach Community Services Board MH DV SA Emergency Ancillary Services Services Services Services Services Total Total All Funds(Page AF-1) 23,857,280 28,283,102 4,405,664 56,546,046 Cost for MH,DV,SA,Emergency, 23,303,634 27,845,636 2,258,676 2,017,207 1,120,893 56,546,046 and Ancillary Services(Page AF-1) Difference 553,646 437,466 2,146,988 -2,017,207 -1,120,893 0 Difference results from Other: 0 Explanation of Other in Table Above: Report Date 7/2/2015 AF-10 FY 2016 Community Services Performance Contract: Renewal and Revision FY 2016 Exhibit A: Resources and Services CSB 100 Mental Health Services Virginia Beach Community Services Board Report for Form 11 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs [310 Outpatient Services �� 42.18 FTEs 3110 $6,539,537 350 Assertive Community Treatment 9.33 FTEs 53 $1,420,833 320 Case Management Services 52.19 FTEs 1736 $4,841,619 410 Day Treatment or Partial Hospitalization 60 Slots 202 $687,530 420 Ambulatory Crisis Stabilization Services 10 Slots 183 $611,781 425 Mental Health Rehabilitation 175 Slots 418 $2,926,583 460 Individual Supported Employment 4.2 FTEs 65 $367,612 501 Highly Intensive Residential Services 2 Beds 2 $229,654 510 Residential Crisis Stabilization Services 13 Beds 390 $2,611,029 521 Intensive Residential Services 2 Beds 2 $122,177 551 Supervised Residential Services 33 Beds 35 $1,611,057 581 Supportive Residential Services 17.71 FTEs 175 $1,334,222 Totals 6,371 $23,303,634 Form 11A: Pharmacy Medication Supports Number of Consumers 803 Total Pharmacy Medication Supports Consumers 250 Report Date 7/2/2015 AP-1 FY 2016 Community Services Performance Contract: Renewal and Revision FY 2016 Exhibit A: Resources and Services CSB 200 Developmental Services Virginia Beach Community Services Board Report for Form 21 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 310 Outpatient Services 6.18 FTEs 19 $461,728 320 Case Management Services 26.37 FTEs 805 $3,086,621 425 Developmental Habilitation 212 Slots 198 $4,521,128 465 Group Supported Employment 37 Slots 51 $581,418 460 Individual Supported Employment 8.3 FTEs 201 $643,435 501 Highly Intensive Residential Services(Community-Based ICF/ID Services) 47 Beds 47 $12,316,844 521 Intensive Residential Services 25 Beds 25 $3,015,006 551 Supervised Residential Services 4 Beds 5 $336,209 581 Supportive Residential Services 37.11 FTEs 72 $2,883,247 Totals 1,423 $27,845,636 Report Date 7/2/2015 AP-2 ill I I II FY 2016 Community Services Performance Contract: Renewal and Revision FY 2016 Exhibit A: Resources and Services CSB 300 Substance Abuse Services Virginia Beach Community Services Board Report for Form 31 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 310 Outpatient Services 2.5 FTEs 167 $385,498 320 Case Management Services 2.2 FTEs 10 $150,101 410 Day Treatment or Partial Hospitalization 5 Slots 37 $153,196 501 Highly Intensive Residential Services(Medically Managed Withdrawal Services) 4 Beds 92 $440,493 521 Intensive Residential Services 4 Beds 31 $127,913 581 Supportive Residential Services 2.38 FTEs 20 $147,623 610 Prevention Services 8.8 FTEs .�: '=._`; $853,852 Totals 357 $2,258,676 Report Date 7/2/2015 AP-3 FY 2016 Community Services Performance Contract: Renewal and Revision FY 2016 Exhibit A: Resources and Services CSB 400 Emergency and Ancillary Services Virginia Beach Community Services Board Report for Form 01 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 100 Emergency Services 15.25 FTEs 2855 $2,017,207 318 Motivational Treatment Services 2.5 FTEs 1114 $403,478 390 Consumer Monitoring Services 3.75 FTEs 240 $466,555 720 Assessment and Evaluation Services 2 FTEs 564 $250,860 Totals 4,773 $3,138,100 Report Date 7/2/2015 AP-4 -42- Item-v-I.7 ORDINANCES/RESOLUTION ITEM#65204 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to EXECUTE an Amended Design Agreement with the U.S. Army Corps of Engineers re Lynnhaven River Basin Ecosystem Restoration Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 1 AN ORDINANCE TO SUPPLEMENT THE JUNE 2, 2 2015, APPROVAL OF A DESIGN AGREEMENT 3 FOR THE LYNNHAVEN RIVER BASIN 4 ECOSYSTEM RESTORATION PROJECT WITH 5 THE U.S. ARMY CORPS OF ENGINEERS 6 7 WHEREAS, the Water Resources Development Act of 1986 provides federal 8 funding and oversight of restoration projects by the U.S. Army Corps of Engineers 9 (USACE); 10 11 WHEREAS, the USACE received funding to initiate design of a restoration 12 project for the Lynnhaven River Basin to include 38 acres of wetlands, 94 acres of 13 submerged aquatic vegetation, and the construction of 31 acres of artificial reef habitat; 14 and 15 16 WHEREAS, the City Council previously authorized the City Manager to execute a 17 Design Agreement with the USACE as permitted by Chapter 11 of Title 62.1 of the 18 Code of Virginia; and 19 20 WHEREAS, the previous authorization included a local cost share for design at 21 25%, but if the project proceeded to construction, the overall local cost share would 22 have been the traditional 35%; and 23 24 WHEREAS, the USACE has informed the City that the appropriate local cost 25 share for the design is 35%, which is estimated to require $420,000, and such funds are 26 available in the current Capital Improvement Plan; 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA, THAT: 30 31 The City Council hereby supplements is June 2, 2015, authorization for the City 32 Manager to execute a Design Agreement with the Department of the Army for the 33 Lynnhaven River Basin Ecosystem Restoration Project to include a 35% local cost 34 share for design, which is currently estimated to be $420,000. 35 36 BE IT FURTHER ORDAINED, THAT: 37 38 In accordance with the requirements of § 62.1-148 of the Code of Virginia, the 39 City Clerk shall cause a copy of this ordinance and the resulting agreement to be sent to 40 the Commissioner of Water Resources for the information of the Governor. Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of September 2015. APPROVED AS TO CONTENT: APPRO D AS 0 LEGAL SUFFICIENCY: Public Works City Attor ey CA13425/R-1 /September 2, 2015 -43- Item -V-L 8a ORDINANCES/RESOLUTION ITEM#65205 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE Grant Funds: a. $1,386,000 from the U.S. Department of Homeland Security for Staffing for Adequate Fire and Emergency Response (SAFER) re twelve (12) new firefighter positions Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FROM THE U.S. DEPARTMENT OF 3 HOMELAND SECURITY FEDERAL EMERGENCY 4 MANAGEMENT AGENCY FOR THE 2014 STAFFING 5 FOR ADEQUATE FIRE AND EMERGENCY 6 RESPONSE (SAFER) GRANT TO THE FY 2015-16 7 OPERATING BUDGET OF THE FIRE DEPARTMENT 8 AND THROUGHOUT THE PERFORMANCE PERIOD 9 OF THE GRANT 10 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 14 1) That $1,368,000 in funding is accepted from the U.S. Department of 15 Homeland Security Federal Emergency Management Agency for the 2014 16 Staffing for Adequate Fire And Emergency Response (SAFER) Grant 17 appropriated to the FY 2015-16 Operating Budget of the Fire Department to 18 help support the Fire Department's four person staffing initiative and further 19 meet Fire industry standards, with estimated federal revenues increased 20 accordingly, and; 21 22 2) That 12 full-time firefighter positions are established, approved and 23 maintained within the Grants Consolidated Fund for the performance period 24 of the grant in the FY 2015-16, FY 2016-17 and FY 2017-18 Operating 25 Budgets of the Fire Department, provided however, these positions are 26 conditioned upon continued grant funding for the duration of the grant and the 27 availability of city funding at the end of the grant performance period. Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of September , 2015. 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 City Attorney's Office CA13492 R-1 September 9, 2015 -44- Item -V-I.8b ORDINANCES/RESOLUTION ITEM#65206 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE Grant Funds: b. $366,251 from the US Field Hockey Association re Sportsplex repairs, renovations and field maintenance Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 1 AN ORDINANCE TO APPROPRIATE $366,251 2 FROM THE US FIELD HOCKEY ASSOCIATION 3 TO CIP 4-080 "SPORTSPLEX/FIELD HOCKEY 4 NATIONAL TRAINING CENTER 5 REPAIRS/RENOVATIONS I" FOR FIELD 6 MAINTENANCE 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That $366,251 from the United States Field Hockey Association is hereby 12 appropriated, with private contribution revenue increased accordingly, to CIP 4-080 13 "Sportsplex/Field Hockey National Training Center Repairs/Renovations I" to reimburse 14 the City for the portion of the costs of replacement for the artificial turf surface and 15 asphalt base material of field #2. Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of Septem er 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attorney's Office CA13487 R-2 September 9, 2015 -45- Item -V-I.8c(1/2/3) ORDINANCES/RESOLUTION ITEM#65207 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE Grant Funds: c. $95,475 in Edward Byrne Justice Assistance: 1. $41,048 Sheriff 2. $37,949 Police 3. $16,478 Community Corrections and Pretrial Department Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR LAW ENFORCEMENT PURPOSES 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 1. $95,475 from the Department of Justice, Edward Byrne Justice Assistance Grant 8 Local Solicitation, is hereby accepted and appropriated,with estimated revenues increased 9 accordingly, to the following departments for the stated purposes: 10 11 a. $41,048 to the Sheriff's Office for the purchase and installation of the first 12 phase of the Classification Electronic Movement System and shower door; 13 14 b. $37,949 to the Police Department to purchase a new RF (radio 15 frequency) enclosure to protect evidence (data) on mobile devices from wireless 16 signals and to allow three departmental members to attend a JTAG data analysis 17 process course; and 18 19 c. $16,478 to the Community Corrections and Pretrial Department to 20 purchase nine replacement printers and one new high volume printer, intoxilyzers, a 21 new NCIC/VCIN computer terminal and a computer to be used as a client check-in 22 kiosk. 23 24 2. Replacement of items purchased with these grant funds will be contingent on 25 acquiring future grant funds. Adopted by the Council of the City of Virginia Beach, Virginia on the 15thday of September 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (ti e22i\4j Budget and Management Service City Attorn, 'ff. - CA13486 R-1 September 2, 2015 -46- Item -V-I.8d ORDINANCES/RESOLUTION ITEM#65208 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE Grant Funds: d. $75,000 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) re community based resources for older adults Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS FOR COMMUNITY BASED RESOURCES FOR 3 OLDER ADULTS 4 5 BE IT ORDAINED BY THE COUNIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $75,000 from the Virginia Department of Behavioral Health and Developmental 9 Services is accepted and hereby appropriated, with estimated State revenues increased 10 accordingly, to the Department of Human Services FY 2015-16 Operating Budget to 11 provide a full-time contractual clinician in the Emergency Services program for the 12 development of community based resources for older adults. Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of September 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J. Budget and Management Services City Att. - ' O rcr- CA13431 R-1 August 31, 2015 -47- Item -V-I.8e ORDINANCES/RESOLUTION ITEM#65209 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE Grant Funds: e. $60,060 from the Division of Motor Vehicles (DMV) and TRANSFER$30,030 to Police re DUI enforcement Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS WITHIN THE 3 OPERATING BUDGET OF POLICE FOR THE 4 ENFORCEMENT OF DUI LAWS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1) $60,060 is hereby accepted from the United States Department of 9 Transportation National Highway Traffic Safety Administration via the Virginia Department 10 of Motor Vehicles and appropriated, with estimated federal revenues increased 11 accordingly, to the FY 2015-16 Operating Budget of the Police Department for police 12 officer over-time and equipment related to the enforcement of DUI laws; and 13 14 2) $30,030 is hereby transferred within the FY 2015-16 Operating Budget of the 15 Police Department to provide the local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of September 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -)ietAA 0 s Budget and Management Services City_A - •ffi•- CA13489 R-1 September 3, 2015 -48- Item -V-L8f ORDINANCES/RESOLUTION ITEM#65210 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE Grant Funds: f $52,000 from the Division of Motor Vehicles (DMV) and TRANSFER$26,000 to Police re seat belt enforcement Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS WITHIN THE 3 OPERATING BUDGET OF POLICE FOR THE 4 ENFORCEMENT OF SEAT BELT LAWS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1) $52,000 is hereby accepted from the United States Department of 9 Transportation, National Highway Traffic Safety Administration, via the Virginia Department 10 of Motor Vehicles and appropriated, with estimated federal revenues increased 11 accordingly, to the FY 2015-16 Operating Budget of the Police Department for selective 12 traffic enforcement, the Click-It-or-Ticket campaign, and several traffic checkpoints; and 13 14 2) $26,000 is hereby transferred within the FY 2015-16 Operating Budget of the 15 Police Department to provide the local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of September 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Servi es „City-16 e s Office CA13433 R-1 September 3, 2015 -49- /tem -V-L8g ORDINANCES/RESOLUTION ITEM#65211 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE Grant Funds: g. $51,441 remaining balance in an interest free loan to Ocean Park Volunteer Rescue Squad, Inc. re ambulance replacement Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE OCEAN PARK 3 VOLUNTEER RESCUE SQUAD, INC. FOR THE PURCHASE 4 OFA NEW AMBULANCE 5 6 WHEREAS, the Ocean Park Volunteer Rescue Squad, Inc. has requested an 7 interest free loan of $51,441 to purchase a replacement ambulance. . 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That$51,441 is hereby appropriated from the fund balance of the General Fund for 13 an interest-free loan to the Ocean Park Volunteer Rescue Squad, Inc.for the purchase of a 14 replacement ambulance; and 15 16 2. That this loan is to be repaid by Ocean Park Volunteer Rescue Squad, Inc. over five 17 (5) years, pursuant to the terms of the attached agreement and promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of September 2015 Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: _1 Qiu-t) OAci_ Budget and Management Services City s l► ice CA13432 R-1 August 27, 2015 Agreement between the City of Virginia Beach and the Ocean Park Volunteer Rescue Squad, Inc. THIS AGREEMENT is made and entered into this day of , 2015, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Ocean Park Volunteer Rescue Squad Inc., a Virginia nonstick 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 a vehicle, 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. 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 through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY-insured vehicle. 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 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 is 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, unless 1 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 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 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 vehicle 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, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. 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. OCEAN PARK VOLUNTEER CITY OF VIRGINIA BEACH 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 $51,441 Virginia Beach, Virginia September , 2015 FOR VALUE RECEIVED, Ocean Park 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 FIFTY ONE THOUSAND, FOUR HUNDRED AND FORTY-ONE DOLLARS ($51,441) 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 August 30, 2016 - $10,288.20 On or before August 30, 2017 - $10,288.20 On or before August 30, 2018 - $10,288.20 On or before August 30, 2019 - $10,288.20 On or before August 30, 2020 - $10,288.20 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). Ocean Park Volunteer Rescue Squad, Inc. (SEAL) Title: Date: oOpti P4 4 -4 Flat A�4 3769 E. Stratford Rd. Virginia Beach, VA 23455 August 3,2015 Chief Bruce Edwards Virginia Beach Department of Emergency Medical Services 477 Viking Drive,Suite 130 Virginia Beach,VA 23452 Dear Sir: Ocean Park Volunteer Rescue Squad (OPVRS) is formally requesting a City of Virginia Beach loan in the amount of$51,441.00 to complete the purchase of an ambulance to replace Unit 141529. (VIN 1FV3GFBC91HA74062)which is a 2001 Type I Ambulance on a Medium Duty Freightliner FL-60 chassis. It will be replaced by a 2017 Type I Ambulance on a Medium Duty Freightliner M2 chassis. OPVRS applied for and has been awarded an 80/20 grant through the Virginia RSAF. The grant request is for a Type I Ambulance replacement on a Freightliner chassis and included Stryker PowerLoad system as required by condition of the Grant. (Ambulances.ordered after July 1,2015 must comply with the SAE 13026 Ambulance Patient Compartment Seating Integrity and Occupant Restraint SAE 13027 Ambulance Litter Integrity, Retention, and Patient Restraint standards.)OPVRS requested$257,205.00 and was awarded the full 80%amount of$205,764.00. At this time,OPVRS does not have any outstanding loans with the City of Virginia and hope that you will consider this request favorably. It would be our intention to repay the loan in full within five year in 5 equal annual base payments of$10,288.20 plus any interest or handling fees the City may require. R-spectfully, t Ferald L. Kerr President Ocean Park Volunteer Rescue Squad -50- Item-V-L 8h ORDINANCES/RESOLUTION ITEM#65212 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE Grant Funds: h. $1,000 from Walmart to Fire re the Community Emergency Response Team (CERT)Program Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 $1,000 DONATION TO THE FIRE DEPARTMENT 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That a $1,000 donation from Walmart is hereby accepted and appropriated, with 8 estimated revenue from donations increased accordingly, to the Fire Department's 9 Operating Budget for the funding of volunteer background checks and instructor 10 overtime for CERT classes. Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of September 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ' Li E Budget and Management Services) Cit ey' ce CA13434 R-1 September 2, 2015 -51- Item—V-J PLANNING ITEM#65213 1. 2700 INTERNATIONAL PARKWAY CORP MODIFICATION OF PROFFERS 2. KAWLIGA DUKES SUBDIVISION VARIANCE 3. IVY LEAGUE ACADEMY and CONDITIONAL USE PERMIT VIRGINIA BEACH FIRST CHURCH OF THE NAZARENE 4. STAIN STUDIOS and OLD BRANDON CONDITIONAL USE PERMIT LASKIN ASSOCIATES,LLC. 5.ESPERANZA FORONDA and CONDITINAL USE PERMIT JERRY and ESPERANZA FORONDA 6. CCW DEVELOPMENT ASSOCIATES and CONDITIONAL CHANGE OF WAYNE DUPREE ZONING 7a. CITY OF VIRGINIA BEACH CONDITIONAL CHANGE OF ZONING 7b. CITY OF VIRGINIA BEACH AMEND COMPREHENSIVE PLAN MAYOR SESSOMS WILL ABSTAIN ON ITEM#1 MAYOR SESSOMS WILL ABSTAIN ON#6 ITEM#6 WIL BE DEFERRED INDEFINATELY MOSS VERBAL NAY ON ITEM#7a MOSS VERBAL NAY ON ITEM#7b BE CONSIDERED SEPARATELY September 15, 2015 -52- Item -V-J PLANNING ITEM#65214 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT: Items 1(MAYOR ABSTAIN), 2, 3, 4, 5, 6(DEFERRED INDEFINATELY and MAYOR ABSTAIN) and 7a/b(MOSS VERBAL NAY) of the PLANNING AGENDA. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 -53- Item—V-J.1 PLANNING ITEM#65215 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council APPROVED, and CONDITIONED, BY CONSENT: Application of 2700 INTERNATIONAL PARKWAY CORP for Modification of Proffers of a Conditional Change of Zoning from R-7.5 Residential to B-2 Business (approved May 14, 2002); and a Conditional Use Permit re a Mini-Warehouse at 3132 Sturbridge Court DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of 2700 INTERNATIONAL PARKWAY CORP for Modification of Proffers of a Conditional Change of Zoning from R-7.5 Residential to B-2 Business (approved May 14, 2002); and a Conditional Use Permit re a Mini-Warehouse at 3132 Sturbridge Court (GPIN 1496221184)DISTRICT 3—ROSE HALL The following condition shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court All conditions attached to the Conditional Use Permit granted by City Council on May 14, 2002, shall be deleted and replaced with the following conditions: 1. There shall be no mechanical equipment permitted between the storage building and the eastern property line. 2. There shall be no electric or diesel power generator or generator fueled by any other sources of energy located outside the building. 3. The Storage Units shall be used for the storage of goods. The Units shall not be used for office purposes, band rehearsals, residential dwellings or any other purpose not consistent with the storage of goods. 4. All exterior lighting shall be low intensity and residential in character. Consistent with Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini-warehouse premises; and, said lighting and glare shall be deflected, shaded and focused away from all adjoining property. Any outdoor lighting fixture shall not be erected any higher than fourteen (14)feet. 5. Signage on the parcel containing the storage facility shall be limited to one monument-style freestanding sign, and two (2) building signs as shown on the submitted building elevations and renderings noted in Proffer No. 2. Any freestanding monument-style sign shall not exceed eight (8)feet in height and shall be constructed using materials to match the building. All signage shall be externally lit and no neon lighting visible from any adjoining property shall be permitted to be placed on the Property. An elevation drawing shall be submitted to the Planning Director for approval prior to obtaining a permit for the sign installation. A permit shall be obtained from the Planning Department, Zoning Division,for all signage added to the site. September 15, 2015 -54- Item—V-J.1 PLANNING ITEM#65215 (Continued) 6. The applicant shall change the address of the parcel containing the storage facility. The parcel shall obtain an address on Lynnhaven Parkway. This shall be done during the formal Site Plan Review Process with the Planning Department, Development Services Center. 7. No barbed wire, razor wire or any other fencing devices shall be installed on the roof or walls of the building or on the fence surrounding the building. 8. There shall be no exterior storage permitted on the property. 9. There shall only be one access point permitted from Lynnhaven Parkway for the subject site and the proposed outparcel. A one (1) foot no ingress/egress easement shall be recorded along Lynnhaven Parkway on the proposed outparcel when it is recorded. 10. Landscape material shall be installed on-site in compliance with the requirements of the City's Landscape Guide. All landscaping shall be shown on the Site Plan and reviewed by the Planning Department, Development Service Center's Landscape Architect upon the formal Site Plan Review Process. Landscaping required includes, but is not limited to the following: (a) Category IV landscape screening along the Eastern property line; (b) Foundation landscaping along the front of the storage building adjacent to Lynnhaven Parkway; (b) Street frontage landscaping, a minimum ten (10) feet in width, installed along Lynnhaven Parkway. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifteenth day of September, Two Thousand Fifteen. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: None September 15, 2015 GINIA•BEA0 °5�. 5 %,",,,92'. CITY OF VIRGINIA BEACH �` �'` INTER-OFFICE CORRESPONDENCE a ,y, OF OUR NRI') S In Reply Refer To Our File No. DF-9339 DATE: September 3, 2015 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilsor ' DEPT: City Attorney RE: Conditional Zoning Application; 277 International Parkway Corp. The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 15, 2015. I have reviewed the subject proffer agreement, dated May 29, 2015 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: Kathleen Hassen FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS 2700 INTERNATIONAL PARKWAY CORPORATION, a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of May, 2015, by and between 2700 INTERNATIONAL PARKWAY CORPORATION, a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in the Rose Hall District of the City of Virginia Beach, Virginia, containing a total of approximately 11.54 acres, of which a total of 9.46 acres as described in Exhibit "A" attached hereto and incorporated herein by reference, are referred to herein as the"Property"; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated January 15, 2002 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4698, at Page 0780 (hereinafter"2002 Proffers"),to reflect amendments applicable to the land use plan on the Property; and WHEREAS, it is the intent of the Grantor that the proffered covenants, restrictions and conditions contained herein replace and supersede those contained in the 2002 Proffers; and GPIN: 1496-22-1184 (Part of) Prepared By: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Blvd. Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning 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 modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. 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 amended declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed and landscape substantially in accordance with the "CONCEPT PLAN THE PROMENADE COMMERCIAL & SELF STORAGE Lynnhaven Parkway GPIN 1496-22-1184-0000 (Partial Parcel), VIRGINIA BEACH, VIRGINIA", dated 05/29/15, prepared by Martin Engineering, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the"Concept Plan"). 2. When the Property is developed, the architectural design, exterior building materials and colors of the self storage building shown on the Concept Plan will be substantially as depicted on the three (3) page exhibit of renderings and one (1) page exhibit of 2 II elevations entitled "La Promenade Mini Price Storage Virginia Beach, VA", dated May 28, 2015, prepared by Finley Design Architecture + Interiors, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevations"). 3. When the portion of the Property designated "PROPOSED OUTPARCEL" on the Concept Plan is developed, the exterior of any building on the Outparcel shall utilize substantially the same architectural features and style, as well as substantially the same external building materials and colors as depicted and designated on the exhibit entitled, "Proposed Development for the PROMENADE AT LYNNHAVEN, VIRGINIA BEACH, VA.", prepared by Covington Hendrix Architects,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the"Elevations"). 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the 3 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. 4 WITNESS the following signature and seal: Grantor: 270o International Parkway a Virginia corporation Corporation 1i By: (SEAL) onal R. th, 'ce Presi t STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 2 9th day of May, 2015,by Donald R. Smith, Vice President of 2700 International Parkway Corporation, a Virginia corporation,Grantor. Ar1:14— //k/r)d-co,4-1 Notary Public tee ? My Commission Expires: August 31, 2018 1)1 Notary Registration Number: 192628 $ or 0 •*04.118,05 EXHIBIT "A" Beginning at a point on the south side of Lynnhaven Parkway at west property line of property owned by Roland E. Edney et ux; thence S 23° 20' 00" E — 832.13'to a point; thence S 36° 21' 54" W— 360.05' to a point; thence N 53° 36' o6" W— 374.14' to a point; thence N 22° 44' 13" W — 556.09' to a point on south side of Lynnhaven Parkway; thence along south side of Lynnhaven Parkway N 51° 24' 35" E— 511.88'to a point, said point of beginning. GPIN: 1496-22-1184 (PART OF) H:\AM\Mod of Proffers\27oo International Pkwy\1st Amendment to Proffers.doc 6 I 4GLNIA'$EAc ti4G City of Vir ii ii i I leach c z z r' 5 OF OUR NPON VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYORBUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms@vbgov corn In Reply Refer to 0056094 September 15, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act,I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of 2700 International Parkway Corp. for (1) a Modification of Proffers of a Conditional Change of Zoning from R-7.5 Residential to B-2 Business; and(2) a Conditional Use Permit(Mini-Warehouse Facility)for property located at 3132 Sturbridge Court. 2. The applicant has identified TowneBank as a financial services provider with respect to this application. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 4. I hereby disclose this interest and will abstain from voting on this matter. Mrs. Ruth Hodges Fraser -2- September 15, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, William D. Sessoms Mayor WDS/RRI -55- Item -V-K.2 PLANNING ITEM#65216 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Application of KAWLIGA DUKES for a Subdivision Variance re a single-family home and private drive at 2884 Indian River Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of KAWLIGA DUKES for a Subdivision Variance re a single-family home and private drive at 2884 Indian River Road (GPIN 1493337835) DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: 1. The site shall be substantially as shown on the submitted Plan entitled, "PRELIMINARY SUBDIVISION OF PROPERTY,"dated May 26, 2015, as prepared by Bonifant Land Surveys. 2. The above referenced Subdivision Plan must be submitted to the Planning Department/Development Services Center for review and recordation. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifteenth day of September, Two Thousand Fifteen. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 -56- Item -V-J.3 PLANNING ITEM#65217 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT: Application of IVY LEAGUE ACADEMY and VIRGINIA BEACH FIRST CHURCH OF THE NAZARENE for a Conditional Use Permit re a Private School at 4413 Wishart Road DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of IVY LEAGUE ACADEMY and VIRGINIA BEACH FIRST CHURCH OF THE NAZARENE for a Conditional Use Permit re a Private School at 4413 Wishart Road(GPIN 1478666381)DISTRICT 4—BAYSIDE The following conditions shall be required: 1. The proposed use of a Private School shall operate only between the hours of 7:30 AM and 5:30 PM, Monday through Friday. 2. A maximum of 150 students shall be permitted to enroll each year. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifteenth day of September, Two Thousand Fifteen. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 -57- Item -V-J.4 PLANNING ITEM#65218 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT: Application of STAIN STUDIOS and OLD BRANDON LASKIN ASSOCIATES, LLC for a Conditional Use Permit re a Tattoo Parlor at 1721 Laskin Road DISTRICT 6 —BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of STAIN STUDIOS and OLD BRANDON LASKIN ASSOCIATES, LLC for a Conditional Use Permit re a Tattoo Parlor at 1721 Laskin Road(GPIN 2407784497)DISTRICT 6—BEACH The following conditions shall be required: 1. A Business License shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. Any on-site signage for the Office Complex and the Tattoo Parlor shall meet the requirements of the Zoning Ordinance. The use of L.E.D. (or similar electronic display) shall be prohibited from any sign that specifically advertises the Tattoo Parlor. 3. The actual tattooing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment. 4. The hours of operation shall be within the hours of 10:00 AM to 10:00 PM seven days a week. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifteenth day of September, Two Thousand Fifteen. September 15, 2015 -58- Item -V-J.4 PLANNING ITEM#65218 (Continued) Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 -59- Item -V-J.5 PLANNING ITEM#65219 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT: Application of ESPERANZA FORONDA and JERRY and ESPERANZA FORONDA for a Conditional Use Permit re Assisted Living Housing for Seniors and Disabled Persons at 4672 Indian River Road DISTRICT 1 —CENTERVILLE. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ESPERANZA FORONDA and JERRY and ESPERANZA FORONDA for a Conditional Use Permit re Assisted Living Housing for Seniors and Disabled Persons at 4672 Indian River Road(GPIN 1474086507)DISTRICT 1 —CENTERVILLE. The following conditions shall be required: 1. With the exception of any modifications required by any of these Conditions, or as a result of Site Plan Review, to meet all applicable requirements for housing for Seniors and Disabled Persons, the site shall be developed substantially in conformance with the exhibit entitled, "Maximille Assisted Living,"prepared by Reich Design Associates, P.L.C., dated July 11, 2015, which has been viewed by the Virginia Beach City Council and is on file in the Planning Department. 2. The Conditional Use Permit shall be for provision of housing for seniors 62 years of age and older and for disabled persons. The capacity, number of bedrooms and residents, shall not exceed the limit permitted by the Department of Social Services and the Building Official's Office. 3. The building shall be protected by centrally monitored alarm systems. Bedrooms and bathrooms shall be served by a centrally monitored call-for-aid system. 4. The house numbers on the front of the residence shall remain clearly visible and unobstructed at all times so that emergency personnel can quickly find the house. 5. The proposed and existing driveways must meet Public Works Standards. 6. Any freestanding sign shall be of residential scale, shall have a maximum height, as measured from ground level, of four (4)feet, shall have a maximum area of twelve (12) square feet per side, shall have an angle of separation between sign faces of no greater than fifteen (15) degrees and shall be externally lit. Any Freestanding Sign shall be approved by the Planning Director prior to the issuance of a Sign Permit. 7. Potential residents shall be informed that HRT Paratransit service is not available at this location. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifteenth day of September, Two Thousand Fifteen. September 15, 2015 -60- Item -V-J.5 PLANNING ITEM#65219 (Continued) Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 -61- Item-V-J.6 PLANNING ITEM#65220 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, DEFERRED INDEFINATELY, BY CONSENT: Application of CCW DEVELOPMENT ASSOCIATES and WAYNE DUPREE for a Conditional Change of Zoning from A-12 Apartment to Conditional A-12 Apartment re multiple family units at 596 Sea Oats Way DISTRICT 6—BEACH Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: None September 15, 2015 ot.ItA•BFAc ��. t City of Vir irzia I leach pyo 49� ��6 S �F OUR NAT1014. VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms@vbgov.com In Reply Refer to 0056092 September 15, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on CCW Development Associates' application for a Conditional Change of Zoning, A-12 Apartment to Conditional A-12 Apartment for property located at 596 Sea Oats Way. 2. The applicant has identified TowneBank as a potential financial services provider with respect to this application. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 4. I hereby disclose this interest and will abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Mrs. Ruth Hodges Fraser -2- September 15, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Thank you for your assistance and cooperation in this matter. Sincerely, illiam D. Sessoms Mayor WDS/RRI -62- Item-V-J.7a PLANNING ITEM#65221 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY CONSENT,Application of CITY OF VIRGINIA BEACH: a. Conditional Change of Zoning from I-1 Industrial to B-4 Mixed-Use District and Conditional Use Permits re the Housing Resource Center for the Homeless at 104 Witchduck Road(GPIN 1467844236)DISTRICT 4—BAYSIDE. The following condition shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. Voting: 10-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: None September 15, 2015 - G Ac L, ��-`�� -`'��. VIRGINIA BEACH , ..,ME CITY OF - - -,;'a INTER-OFFICE CORRESPONDENCE 2 9,R a st ,tn°�>45 ,: Ns OF OUR NRt\O In Reply Refer To Our File No. DF-9300 DATE: September 3, 2015 TO: Mark D. Stiles --. DEPT: City Attorney FROM: B. KayWilson DEPT: City Attorney RE: Conditional Zoning Application; Housing Resource Center The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 15, 2015. I have reviewed the subject proffer agreement, dated June 15, 2015 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. B KW/ka Enclosure cc: Kathleen Hassen THIS DOCUMENT PREPARED BY THE CITY OF VIRGINIA BEACH ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(A)(3)AND 58.1-811(C)(5) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS PROFFER AGREEMENT ("Agreement") is made this (SM day of , 2015, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City") ("Grantor") and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee"). RECITALS: A. The Grantor is the owner of that certain property located at 104 Witchduck Road in the City of Virginia Beach, containing approximately 4.781+/- acres and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"). B. The Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from I-1 Light Industrial District to Conditional B-4 Mixed Use District; and G P I N: 1467-84-4236-0000 1 C. Grantee's policy is to provide for the orderly development of land for various purposes, including commercial purposes, thorough zoning and other land development legislation. D. 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 proposed modification of zoning restriction, certain reasonable restrictions governing the development of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; E. 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, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following modification to the declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that 2 this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be substantially as depicted on the Site Layout Plan "Housing Resource Center", prepared by Waller Todd & Sadler Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When the Property is developed, the Property shall have the quality exterior design, architectural features and building materials substantially depicted on the Exhibit entitled " Housing Resource Center—Exterior View (Conceptual)" dated 03/23/15, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The City of Virginia Beach Resource Center shall be located on the Property, which shall only include the following uses: business studios, offices and clinics, group homes, medical and dental offices and clinics, public buildings and grounds, single room occupancy facilities, parking structures or garages and eating and drinking establishments incidental to the Housing Resource Center. 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. 3 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 evidence 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 (i) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions specified in this Agreement, including ordering in writing of the remedying of any noncompliance with such conditions and the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or 4 proceeding; (ii) 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; (iii) 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 (iv) 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 Grantee. WITNESS the following signatures and seals: GRANTOR: City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia • el D41_ BIllbod Manager, or De.. •nee gi ATTEST: C y Clerk orBesi ee 5 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged and sworn to before me this tom .-- ll' - day of ----1}-1---,e__—) 20 1 .. , by Cc-...to ) P61-`- , as cc-6._) -h,,\l a , of the City of Vim ' ach, on its behplf. NOTARY PUBLIC My Commission Expires: /a• 3 )- 1 My Registration Number: ' ? (.> 1 3 0 •S 3 ,;;...;,1'.•, ^ Sandy Marie Madison IV' 'i1 Commonwealth of Virginia Ai v1 •!1 Notary Public A z p ti,3.m 1q Commission No.7073053 Jit MyCommission Expires 12/31/2018 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowled ed and sworn to before me this l da of , 20 /S , by ' ' ,.-11reLage) .)i41-)?;-e _ , of the City of Vir ' ' ch, on its behalf. NOTARY PUBLIC My Commission Expires: 1c • 3 I " I My Registration Number: 7 0 1 3 0 S3 ,fi,r'` 'f sandy Marie Madison Commonwealth of Virginia <g Notary Public •, fi,i ;.r+� Commission No, 7073053 1z*i it My Commission Expires 12/31/201g 6 EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, with the buildings and improvement there, being known and designated as "PARCEL A" containing 4.781 acres, more or less, as shown on that certain plat entitled "RESUBDIVISION OF LOTS 9-16 (incl) & 25-45 (incl), BLOCK 48, LOTS 6-16 (incl) & 22-42 (incl), BLOCK 49 AND CLOSED PORTION OF DENN LANE — EUCLID PLACE—(M.B. 4, P. 63)", recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 200407290118226, reference is made to the legend of said plat, which defines the property lines. IT BEING the same property conveyed to The City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia from 8450 Van Nuys Blvd. (Virginia), LLC, a Virginia limited liability company, by deed dated July 13, 2012, and recorded in the aforesaid Clerk's Office as Instrument No. 2012073100056460. GPIN: 1467-84-4236-0000 -63- Item-V-J.7b PLANNING ITEM#65222 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY CONSENT,Application of CITY OF VIRGINIA BEACH: b. AMEND Chapter 2 of the Comprehensive Plan re inclusion of all Strategic Growth Areas (SGA) as meeting the intent of the Virginia Code as Urban Development Areas Voting: 10-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: None • September 15, 2015 1 AN ORDINANCE TO AMEND THE COMPREHENSIVE 2 PLAN BY ADOPTING AMENDMENTS TO CHAPTER 2 3 (URBAN AREAS) OF THE POLICY DOCUMENT 4 PERTAINING TO THE INCLUSION OF ALL STRATEGIC 5 GROWTH AREAS AS MEETING THE INTENT OF THE 6 VIRGINIA CODE AS URBAN DEVELOPMENT AREAS 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 WHEREAS, the Comprehensive Plan currently lists three (3) Strategic Growth 12 Areas as meeting the intent of the Commonwealth designated Urban Development 13 Areas; and 14 15 WHEREAS, the requirements for the Urban Development Area designation have 16 been changed by the General Assembly, so that all eight (8) Strategic Growth Areas 17 now meet the intent of the Urban Development Areas under Virginia Code § 15.2- 18 2223.1; and 19 20 WHEREAS, the Comprehensive Plan should be amended to designate all 21 Strategic Growth Areas as meeting the intent of the Urban Development Areas under 22 Virginia Code § 15.2-2223.1: and 23 24 WHEREAS, the revisions to amend the Comprehensive Plan are reflected in the 25 attached document entitled "Amendments to 2009 Comprehensive Plan Policy 26 Document, as amended, Chapter 2: Urban Areas—Strategic Growth Areas (SGAs) 27 Meet the Intent of Code of Virginia Section 15.2-2223.1 re: Urban Development Areas"; 28 and 29 30 WHEREAS, the attached revisions to the Policy Document should be adopted as 31 part of the Comprehensive Plan. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 36 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, 37 amended and reordained by: 38 39 The revision of the Policy Document as shown on the attached document entitled 40 "Amendments to 2009 Comprehensive Plan Policy Document, as amended, Chapter 2: 41 Urban Areas—Strategic Growth Areas (SGAs) Meet the Intent of Code of Virginia 42 Section 15.2-2223.1 re: Urban Development Areas". Such document is made a part 43 hereof, having been exhibited to the City Council and is on file in the Department of 44 Planning. 45 46 COMMENT 47 48 The ordinance amends the Comprehensive Plan by the adoption of the revisions attached 49 designating all eight (8) Strategic Growth Areas as meeting the intent of Virginia Code § 15.2- 50 2223.1 regarding Urban Development Areas. 51 52 15th 53 Adopted by the Council of the City of Virginia Beach, Virginia, on this 54 day of September , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICI NCY: /.iilt►Itir� Planning I partment City Attorney's Office CA13407 R-1 July 22, 2015 2 Revisions to 2009 Comprehensive Plan Policy Document,as amended Chapter 2: Urban Areas Strategic Growth Areas(SGAs) Meet the Intent of Code of Virginia Section 15.2-2223.1 re: Urban Development Areas (Pages 2-1 thru 2-6, Policy Document:Text to be deleted is shown as strike..Text to be added is shown as underlined). URBAN AREA Maintaining,vitalizing and developing community wealth and resources for the long term. INTRODUCTION While we have enjoyed robust growth over much of the City's 40 year history,we have prevented intrusion of such growth into our rural area.This is attributed, in part,to the planning policies established in 1979 and, more so,to the creation of the 'Green Line' in 1986. In the past,the Green Line was the boundary between the suburban and rural areas of the City,today, it still marks the boundary separating higher suburban densities to the north and more limited suburban and rural densities farther south. In 1997,the City's estimated area of undeveloped land north of the Green Line was about 13,000 acres. In 2007, it was estimated to be less than 5,000 acres. It was further reduced by the Oceana Land Use Conformity Program,which prevents residential and hotel development in areas located within high noise zones. In response to this reality,the City Council recognized the need to identify areas for future growth while at the same time protecting our many stable residential neighborhoods and preserving our rural heritage. Following extensive public input the City adopted a new growth strategy. Instead of relying on the remaining inventory of underdeveloped land to absorb growth,the City carefully defined areas planned to accommodate and absorb urban growth called 'Strategic Growth Areas', SGAs. Urban Area generally applies to Strategic Growth Areas. Virginia Beach is already experiencing urban type growth. It has begun gradually and is occurring in defined areas located north of the Green Line, such as the Resort Area and the Central Business District's Town Center. Desired characteristics of urban areas: » Higher density residential uses, including multi-family and attached dwellings » Variety of complementary, non- residential uses that enhance economic and cultural quality of life » Absence of single-family detached units. Housing stock may be new or rehabilitated,owner-occupied, as well as rental units » Housing to accommodate a variety of income levels » Option of walking or bicycling to stores, schools, play areas and work places » Choice of safe, convenient and cost-effective public transportation systems STRATEGIC GROWTH AREAS The City has identified Strategic Growth Areas to: » provide opportunities for continued physical and economic growth; » help prevent urban sprawl; » protect our established residential neighborhoods and rural areas from incompatible development due to growth pressures; 1 » maximize infrastructure efficiency; » create unique and exciting urban destinations. Most of these areas will integrate a diverse cluster of attractive, more compact but compatible uses of land including office, retail,service and,where appropriate, residential and hotel.They also encourage greater use of alternative transportation systems:,Wwhether focusing on future mass transit technologies or increasing opportunities to implement Transportation Demand Management programs. The eight Strategic Growth Areas discussed herein have been found to meet the intent of the Code of Virginia,Section 15.2-2223.1 re: "Urban Development Areas." Our challenge is to advance a set of planning principles that Recognize distinct opportunities and constraints inherent in each SGA while acknowledging common planning principles that can be applied to all these areas. GUIDING PRINCIPLES 1. EFFICIENT USE OF LAND RESOURCES The land use techniques of compact development, infill development,and structured parking are key components to successfully achieving a more efficient pattern of growth.The benefits include reduced sprawl, protection of existing stable neighborhoods, increased protection of farmland and open spaces, reduced dependence on the automobile and more cost-effective use of existing infrastructure. 2. FULL USE OF URBAN SERVICES Compact development patterns promote a more efficient and cost effective use of existing public infrastructure and services such as roads, schools,water, sewer, police,fire, rescue and others. Numerous studies have demonstrated that intensification (non-residential) and densification (residential)of development within appropriate areas where infrastructure and services already exist provides a more efficient and cost-effective use of public funds than continued expansion of infrastructure and services into undeveloped areas. 3. COMPATIBLE MIX OF USES Providing a complementary and vertical blend of residential and non-residential uses within reasonable walking distances of one another is an important part of a successful compact development strategy. Effective mixed-use developments also have a 'critical mass'where the mixture of uses is such that the need for an automobile for routine trips for goods and services is significantly diminished. Examples of mixed-use include the co-location of corner markets and shops lining streets with residential units located above. Architectural design considerations and control of the hours of business operation must be factored into the land use strategy.The careful placement of residences, offices,shops, educational and cultural institutions, recreation areas, public service facilities and open spaces designed as part of an attractive, pedestrian-oriented, urban environment contributes to: » Independence of movement and ease of access between home and neighborhood serving destinations. » Safer commercial areas due to the 24-hour presence of people or what is termed the 'eyes of the community.' » Reduction in automobile dependency and opportunities for shorter work trips by focusing on mixed- use and transit oriented development. 2 »The development of a transit-oriented and multi-modal transportation system, in conjunction with planned development and mixed-use projects. » Increased housing choice for a variety of individuals and families having a wide range of income levels. 4. A RANGE OF TRANSPORTATION OPPORTUNITIES As noted above,compact development patterns afford greater choice of transportation alternatives and less congestion than is otherwise experienced in communities.A recent three year study, Measuring Sprawl and Its Impacts, by researchers from Rutgers University, Cornell University and Smart Growth America concluded that, "one of the strongest purported benefits of sprawling development, lower traffic congestion, is not borne out by this study.Those who believe that metropolitan regions can sprawl their way out of congestion appear to be wrong." Compact, mixed-use development that contains convenience,variety and density of use,and integrates well-designed pedestrian systems, streetscapes and transit opportunities can contribute to: » Decreased dependence on the automobile,especially the single-occupant vehicle. » Extension of safe, convenient and efficient light rail transit service that provides alternative mobility options. »Reduction in citywide Vehicle Miles Traveled (VMT) » Increased opportunities for more efficient and cost-effective forms of shared and mass transportation. » Increased opportunities to commute by walking or biking. »Opportunities for local and metropolitan transit systems to link to regional and interstate transportation systems. » Cleaner air. » Safer travel. 5. DETAILED HUMAN-SCALE DESIGN Part of what is required for compact, mixed-use developments to become acceptable patterns of development within communities is the creation or re-creation of well-designed urban areas that are safe, attractive and convenient. It is important for these areas to be built at a 'human- scale,' especially as people experience activity along the streets, sidewalks and public spaces. For example,the sounds from outdoor cafes, people gathering around fountains in public plazas and aromas from local coffee shops and bakeries, all combine to create a sense of interest, excitement and social interaction.There are distinct physical characteristics that define the built environment of the urban center.These include a vertical mix of residential and non-residential uses within architecturally interesting buildings. Urban streetscapes are designed with special paving, landscaping, lighting and other features that create a visually exciting and inviting environment.Additionally, arts and culture must be woven into the fabric of the community, becoming an integral force in urban design,the educational system, commerce,community celebrations, neighborhood life and public-sector institutions.We need to create space for the arts to take hold and grow.When designed and built with quality in mind,these physical and cultural elements galvanize to foster a positive sense of urban place, one that is enjoying a resurgence of public interest in many communities across the country. Along with advocating the arts and culture elements, it is the policy of the City to use all available resources including those provided by the City's Historic Review Board and Historic Preservation Commission as well as the Princess Anne County/Virginia Beach Historical Society to preserve designated historic resources. Efforts to retain these historic resources should be accomplished in a responsible and innovative manner. The efforts include providing land use guidance and tax credit assistance to owners of historic properties in order to help protect and preserve the City's limited number of valuable historic resources and surrounding open space areas. Owners of qualified 3 properties should be encouraged to participate in the Virginia Beach Historical Register program and receive recognition for their contributions to our City's heritage. Distinct Qualities Strategic Growth Areas also possess some distinct qualities. While these are defined in more detail in the following area-specific section of this chapter,general points are offered here that describe how some of the Strategic Growth Areas differ in character. First,these areas vary in their ability to absorb the volume of new growth. For example,the Newtown, Pembroke and Rosemont SGA are located along 1-264 and Virginia Beach Boulevard near key highway interchanges and unencumbered by AICUZ high noise or accident potential zones. Opportunities exist in these areas to blend new residential and complementary non-residential uses thereby creating attractive, more intense, mixed-use centers. These three SGAs are designated as state man:. -: '- :. • •- • ::••-• . ' •- - •- •• -- •- growth criteria established by state law for such areas. In addition,these areas are well positioned to take advantage of future mass transit systems that might be built along the former railroad line in this corridor. Other Strategic Growth Areas have unique qualities as well. For example, Burton Station SGA is strategically located to take advantage of regional truck, rail,air and maritime shipping services. Opportunities also exist to provide a compatible mix of residential, recreational, open space, institutional and corporate industrial uses designed around an established neighborhood that embodies a rich heritage. The Resort Area is another very unique SGA. It is an important resort center that annually attracts three million visitors who spend over$800 million.This SGA continues to grow as a vacation and convention destination and is the centerpiece of our hospitality industry. AREA SPECIFIC PLANNING RECOMMENDATIONS Master plans for each of the City's eight SGAs were prepared through extensive planning, research, analysis and community engagement during a multi-year effort and have been adopted by reference as as part of this Comprehensive Plan as follows: Resort Area SGA 8 (2007), Burton Station SGA 1 (2009), Pembroke SGA 4(2009), Newtown SGA 3 (2010), Rosemont SGA 5 (2011), Lynnhaven SGA 6(2012), Hilltop SGA 7 (2012) and Centerville SGA 2 (2013). The detailed SGA Master Plans can be viewed in the Planning Department's online document library at www.vbgov.com/Planning. The boundaries of each SGA and the general area-specific recommendations from the SGA master plan are presented on the following pages. . • : •- - - - _• . -_ - : • ' - - _ • _ general description of the area's development characteristics.The goal is to achieve a gradual transformation of these areas in keeping with the recommended land uses identified in this Plan. Land use decisions affecting the property in the Strategic Growth Areas should be based upon the Guiding Principles noted above,the following area-specific planning recommendations and appropriate design 4 principles that may relate to requests for development or redevelopment in these areas. 5 -64- ITEM V-K APPOINTMENTS ITEM#65223 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS.• BAYFRONT ADVISORY COMMISSION COMMUNITY SERVICES BOARD—CSB HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 -65- ITEM V-K APPOINTMENTS ITEM#65224 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: EMPSYMUNDEN Three-year term 07/01/2015—06/30/2018 BEACHES and WATERWAYS ADVISORY COMMISSION Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 -66- ITEM V-K APPOINTMENTS ITEM#65225 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: RONY THOMAS Unexpired term thru 08/31/2017 DEVELOPMENT AUTHORITY Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 -67- ITEM V-K APPOINTMENTS ITEM#65226 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: ANGIE LAING Norfolk General Hospital Forensic Nurse Examiner No term DOMESTIC VIOLENCE FATALITY REVIEW TEAM Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 -68- ITEM V-K APPOINTMENTS ITEM#65227 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: CINDY FREE Unexpired term thru 06/30/2019 TIDEWATER COMMUNITY COLLEGE Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 -69- ITEM V-K APPOINTMENTS ITEM#65228 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: TAMMY B.HINDLE PETER REUSS Unexpired term thru 12/31/2015 plus four years thru 12/31/2019 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 -70- ITEM V-K APPOINTMENTS ITEM#65229 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: TIMOTHY F.McCARTHY JOHN OLIVIERI Four-year term 10/01/2015—09/30/2019 WORKFORCE HOUSING ADVISORY BOARD Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None September 15, 2015 -71- Item -V-N ADJOURNMENT ITEM#651230 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:27P.M. i //I - &e,vi....0/ Amanda Finley-Barnes, CMC Chief Deputy City Clerk Ruth Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia September 15, 2015