HomeMy WebLinkAboutOCTOBER 4, 2016 MINUTES n
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 4, 2016
Mayor William D. Sessoms, Jr., called to order the City Council's Briefings on the NAVAL AIR
STATION OCEANA UPDATE in the City Council Chamber, Tuesday, October 4, 2016, 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
2
CITY COUNCIL'S BRIEFINGS
NAVAL AIR STATION OCEANA
UPDATE
ITEM#66373
3:30 P.M.
Mayor Sessoms welcomed Captain Richard Meadows, Commanding Officer—Naval Air Station Oceana.
Captain Meadows expressed his appreciation to the City Council for their continued support:
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Captain Meadows advised this has been "A Year of Partnerships" with numerous joint trainings being
conducted this year:
7 r 2016—A Year of Partnerships A
• January:NAS Oceana,Virginia Beach and Chesapeake
emergency responders participated in a C-40
mishap/mass casualty exercise at the former Rock
Church property
• March,June: Virginia Beach hosted follow-on Family
Reception Center and Family Assistance Center exercises
at the LETA and Cox High School
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October 4, 2016
3
CITY COUNCIL'S BRIEFINGS
NAVAL AIR STATION OCEANA
UPDATE
ITEM#66373
(Continued)
t -° � 2016—A Year of Partnerships
• August:Kicked off development of a 90-acre photo-
voltaic solar facility on board NAS Oceana together with
Dominion Virginia Power
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In September, 5,000+ Virginia Beach 5`1'graders attended the NAS Oceana Air Show:
tf7- 2016—A Year of Partnerships V'
• September:All Virginia Beach 5th grade students
-over 5000-attended the NAS Oceana Air Show practice
creating the nation's largest STEM laboratory
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October 4, 2016
4
CITY COUNCIL'S BRIEFINGS
NAVAL AIR STATION OCEANA
UPDATE
ITEM#66373
(Continued)
The Navy and the City continue to collaborate on the encroachment progress:
Continuing Collaboration
• Encroachment Partnering
progress continues: In the 1st
quarter of FY17,the Navy
expects to close on easements > `
over five properties acquired by ,
Virginia Beach
• The Virginia Beach and NAS , ti •
t '
Oceana staffs continue to work k,4 '1'.
together to implement the Joint
Review Process established for
AICUZ-related discretionary
zoning applications
• NAS Oceana staff will
participate in the Inter-facility
Traffic Area Master Plan update
Below are the projects that are still underway:
Projects Still Underway
• Runway reconstruction and airfield lighting upgrade work
continues.Present project to be completed in December
2017
- Follow-on lighting projects scheduled for 2018 and 2019
• The Environmental Impact Statement(EIS)for the one-for-
one replacement of F/A-18C legacy Hornets with F/A-
18E/F Super Hornets continues
— Navy staff will soon begin preparing the Draft EIS
October 4, 2016
5
CITY COUNCIL'S BRIEFINGS
NAVAL AIR STATION OCEANA
UPDATE
ITEM#66373
(Continued)
Below are some ongoing projects for the Oceana/Dam Neck Annex:
Oceana / Dam Neck Annex Projects
• Barracks/Dam Neck Annex $27M
• Main Gate/Dam Neck Annex $19M
• NEXCOM Headquarters/Virginia Beach Blvd $16M
• Aerial Target Facility/Dam Neck Annex: $10M
• Maritime Surveillance Facility/Dam Neck Annex: $23M
• USMC Reserve Center/Dam Neck Annex: $18M
Tit`
Oceana / Dam Neck Annex Projects®
• Beach Replenishment/Dam Neck Annex $12M
• Barracks Renovations/NAS Oceana $15M
• Repair Runway/NAS Oceana $30M
• Airfield Lighting Modernization/NAS Oceana $70M
• Hangar Repairs/NAS Oceana $12M
October 4, 2016
6
CITY COUNCIL'S BRIEFINGS
NAVAL AIR STATION OCEANA
UPDATE
ITEM#66373
(Continued)
Looking Ahead
• Upcoming Exercises:
— CITADEL SHIELD,30 January—3 February
— SOLID CURTAIN,6—10 February
• Perfluorninated Compound(PFC)testing at NAS Oceana
• 75th Anniversary of the Battle of Midway
• NAS Oceana Air Show:15—17 September 2017
• Integrated emergency response training
— Large exercise being discussed for February 2018
Questions
•
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Mayor Sessoms expressed his appreciation to Captain Meadows and the entire staff at NAS Oceana for
their continued demonstration of cooperation and collaboration.
October 4, 2016
7
CITY COUNCIL'S BRIEFINGS
JOINT EXPEDITIONARY BASE LITTLE CREEK-
FORT STORY UPDATE
ITEM#66374
3:39 P.M.
Mayor Sessoms advised Captain Senesky is delayed in traffic and the Briefing will be rescheduled.
October 4, 2016
8
CITY MANAGER'S BRIEFINGS
LIGHT RAIL 30%DESIGN
COST ESTIMATE
ITEM#66375
3:40 P.M.
Mayor Sessoms welcomed Tom Leahy, Deputy City Manager. Mr. Leahy expressed his appreciation to
the City Council for their continued support. A Video which was presented by Hampton Roads Transit
yesterday was shown:
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DCM Tom Leahy
CM Dave Hansen
Viginia Beach
Below is an overview of today's presentation:
Agenda
Project Development Process
Design-Build Procurement Process
Cost Estimate-Virginia Beach Light Rail Extension
City-Funded Betterments in the Light Rail Corridor
Wrap Up/Next Steps
October 4, 2016
9
CITY MANAGER'S BRIEFINGS
LIGHT RAIL 30%DESIGN
COST ESTIMATE
ITEM#66375
(Continued)
Over forty (40) instances of public involvement have been held throughout the six-(6) year process,
including formal DEIS Public Hearings:
Project Development Process
2008—2011
General Assembly directs HRT to begin study of extending the Tide in Hampton Roads,including an
option to Virginia Beach Oceanfront
HRT begins Virginia Beach Transit Extension Study(VBTES)
The Tide starter line opens in Norfolk
2012—2014
Light Rail Referendum passes by 63%to 37%
City requests HRT to study extensions to Town Center,and to Oceanfront via Laskin Road
Commonwealth offers City$155M grant toward project
City receives unsolicited Light Rail proposal,evaluates a total of three proposals,and terminates PPEA
process
2015
HRT completes VBTES
City selects option to extend Light Rail to Town Center including four related capital projects—light rail
extension;shared use pathway,feeder buses;and bus shelters
City initiates Design-Build procurement process
In 2016 the Design-Build Procurement Process began:
Design-Build Procurement Process
2016
July City issued Request for Qualifications(RFQ)
September Shortlisted four design-build teams
November City to issue Request for Proposal (RFP)to
shortlisted teams
2017
March Receive Technical and Price Proposals from
design-build teams
April City Council briefing and vote to award
July Notice to Proceed to Design-Builder
October 4, 2016
10
CITY MANAGER'S BRIEFINGS
LIGHT RAIL 30%DESIGN
COST ESTIMATE
ITEM#66375
(Continued)
This is not a "traditional" engineering project. In fact, the detailed cost calculation of the project is
based on the real world unit costs, including the construction crews, summary of the construction
equipment and at the same standard a contractor would conduct in submitting a bid. Dozens of
individuals participated in completing the 30%cost estimate:
Design and Cost Estimate
Cost Estimating Process
City, HRT, and DRPT worked jointly during past 15 months
Engineering requirements defined
Right-of-way requirements defined
30% plans for project elements completed
Intense detailed analysis and review of cost factors
Independent review of costs and contingencies
Reasonable and responsible estimate of cost determined by
City, HRT, and DRPT(Consensus among PEs and PMs)
Below is the Cost Estimate broken down into 5 components:
Cost Estimate
Cost Estimate Components
1. Design-Builder Light Rail Estimate
2. Major Utility Relocations
3. Right-of-Way
4. Rail Vehicles
5. Professional Services
October 4, 2016
11
CITY MANAGER'S BRIEFINGS
LIGHT RAIL 30%DESIGN
COST ESTIMATE
ITEM#66375
(Continued)
In 2017 dollars, the Light Rail Project Design-Build costs are$138-Million and$157.6-Million with 14%
contingency:
Cost Estimate (continued)
1. Design-Builder Light Rail Estimate(2017 dollars)
Guideway and Track
Bridges
Stations
Site work/Park and Ride Lot/Bus Transfer Facility
Integrated Systems
Design-Build engineering costs, surveys, testing, permits
and fee
Design-Build Construction Estimate(millions) $138.0
With 14%Contingency
Design-Build Construction Estimate(millions) $157.6
The Utility Relocation costs are$10.4-Million and 2.0-Million with 15%contingency:
Cost Estimate (continued)
2. Major Utility Relocations(2017 dollars)
Dominion Virginia Power transmission
Dominion Virginia Power distribution
Cox cable relocation
City 48"and 42"watermain relocations
Utility Relocation Cost(millions) $10.4
With 15%Contingency
Utility Relocation Cost(millions) $12.0
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October 4, 2016
12
CITY MANAGER'S BRIEFINGS
LIGHT RAIL 30%DESIGN
COST ESTIMATE
ITEM#66375
(Continued)
Right-of-Way Easements costs are$20.7-Million and$24.8-Million with 20%contingency:
Cost Estimate (continued)
3. Right-of-Way(2017 dollars)
Purchase of right-of-way
Compensation for easements
Business relocation expenses
Right-of-Way Cost(millions) $20.7
With 20%Contingency
Right-of-Way Cost(millions) $24.8
The Vehicle costs are$20-Million and$21-Million with 5%contingency:
Cost Estimate (continued)
4. Light Rail Vehicles(2017 dollars)
3 Light rail vehicles
Non-revenue vehicles
Spare parts for vehicle maintenance
Buses funded separately by state
Rail Vehicle Cost(millions) $20.0
With 5%Contingency
Rail Vehicle Cost(millions) $21.0
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October 4, 2016
13
CITY MANAGER'S BRIEFINGS
LIGHT RAIL 30%DESIGN
COST ESTIMATE
ITEM#66375
(Continued)
Professional Services costs are$25.2-Million and$27.7-Million with 10%contingency:
Cost Estimate (continued)
5. Professional Services(2017 dollars)
Project management
Construction management and inspection
HRT system inspection
HRT safety certification inspection
DRPT oversight
System start-up
Professional Services Cost(millions) $25.2
With 10%Contingency
Professional Services Cost(millions) $27.7
The total Cost Estimate is $214.3-Million and $243.1-Million, including the $28.8-Million in
contingency:
Cost Estimate Summary
Cost Estimate to Extend The Tide to Town Center(2017 dollars)
w/Contingency
1. Design-Build Construction $138.0 $157.6
2. Major Utility Relocations $ 10.4 $ 12.0
3. Right-of-Way $ 20.7 $ 24.8
4. Light Rail Vehicles $ 20.0 $ 21.0
5. Professional services $ 25.2 $ 27.7
TOTAL(millions) $214.3 $243.1*
*Includes$28.8 in contingency
October 4, 2016
14
CITY MANAGER'S BRIEFINGS
LIGHT RAIL 30%DESIGN
COST ESTIMATE
ITEM#66375
(Continued)
City Funded Betterments
Optional City improvements in the Light Rail Corridor to expand
mobility options
Shared Use Path
Duct Bank within Shared Use Path to underground utilities
Witchduck Station Park and Ride
Cost estimates to be finalized prior to issuance of RFP in Nov
(based on 30%design received from HRT)
Below are the Next Steps:
Next Steps
Complete operating and maintenance cost estimate for light rail
and supporting bus service no later than October 21,2016
Complete Shared-Use Path and Duct Bank design and cost
estimates no later than November 15,2016
RFP issuance targeted for end of November
Authorize notice to proceed for vehicle acquisition no later than
December 2,2016
Complete state grant agreement for$155M no later than
December 15,2016
Complete agreement with HRT for:construction oversight,
project handover, and vehicle commissioning no later than
December 31,2016
October 4, 2016
15
CITY MANAGER'S BRIEFINGS
LIGHT RAIL 30%DESIGN
COST ESTIMATE
ITEM#66375
(Continued)
City Manager Hansen continued the presentation:
18
City Wiatiatler Peistwclive
NB
Virginia Beach
City Manager Hansen expressed appreciation to the DRPT, City Staff and HRT Engineers. The
information below was considered in developing his perspective:
Considerations
DRPT, City, and HRT engineers and project managers
have reached consensus on a reasonable and responsible
cost estimate and contingency percentages
Cost estimate was based on a detailed quantities and unit
costs from the actual plan sheets
City-funded betterments will expand mobility options and
underground utilities in the Town Center corridor
CTB's$155M financing is committed first
State offers City$30M in low interest VTIB loans
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October 4, 2016
16
CITY MANAGER'S BRIEFINGS
LIGHT RAIL 30%DESIGN
COST ESTIMATE
ITEM#66375
(Continued)
The City's financial responsibility for this project is$59.3-Million and$88.1-Million with contingency:
Cost Estimate Summary
Cost Estimate to Extend The Tide to Town Center(2017 dollars)
w/Contingency
1. Design-Build Construction $138.0 $157.6
2. Major Utility Relocations $ 10.4 $ 12.0
3. Right-of-Way $ 20.7 $ 24.8
4. Light Rail Vehicles $ 20.0 $ 21.0
5. Professional services $ 25.2 $ 27.7
TOTAL(millions) $214.3 $243.1*
CTB financing contribution $155.0 $155.0
Virginia Beach contribution $ 59.3 $ 88.1
*Includes$28.8 in contingency
As most are aware, City Manager Hansen and City Staff are wrestling with the need to address the aging
City Hall(Building No. 1). Air Quality Standard tests are underway in City Hall. Should City Hall move
to Town Center, it will reduce the project an additional$24-Million:
Impacts of City Hall at Town Center
Acquisition Costs Reduced: -$17.3M
Park and Ride at Town Center eliminated: -$7.4M
Virginia Beach contribution to the LR extension
could be reduced to $34.6M
October 4, 2016
17
CITY MANAGER'S BRIEFINGS
LIGHT RAIL 30%DESIGN
COST ESTIMATE
ITEM#66375
(Continued)
City Manager Hansen felt it important to compare a series of data points/projects between $34.6 and
$88.1-Million paid for by the taxpayers: Below are the data points/projects found meeting the criteria:
Comparing a VB investment of
between $34.6M and $88.1M
Nimmo Parkway Phase V $39.3M City Cost($61.1 M Total)
Princess Anne/Kempsville $33.8M City Cost($88.7M Total)
Lesner Bridge Replacement $22.9M City Cost($119.5M Total)
Great Neck Middle School $45.8M City/Schools Cost
Kellam High School $102.0M City/Schools Cost
Old Donation School $63.6M City/Schools Cost
61st St Pump Station $19.3 M City Cost
3 Rec Centers $75.5 M City Cost
Williams Farm $22.4M
Bow Creek $25.3M
Kempsville $27.8M
Laskin Gateway $40.5M City Cost
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Cost Estimate Summary
Cost Estimate to Extend The Tide to Town Center(2017 dollars)
w/Contingency
1. Design-Build Construction $138.0 $157.6
2. Major Utility Relocations $ 10.4 $ 12.0
3. Right-of-Way $ 20.7 $ 24.8
4. Light Rail Vehicles $ 20.0 $ 21.0
5. Professional services $ 25.2 $ 27.7
TOTAL(millions) $214.3 $243.1*
CTB financing contribution $155.0 $155.0
Virginia Beach contribution $ 59.3 $ 88.1
*Includes$28.8 in contingency,
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October 4, 2016
18
CITY MANAGER'S BRIEFINGS
LIGHT RAIL 30%DESIGN
COST ESTIMATE
ITEM#66375
(Continued)
TOD Investment Facts (Feb 2016 brief to CC)
Charlotte-$1.46B in 8 years along initial Blue Line
Dallas-$1.5B in TOD within Y mile of stations in initial 15 years.Tax
revenues near stations exceed$36 million annually
Minneapolis-$4.2B along Green Line which connects University of
Minneapolis with Downtown(opened in 2014)
Portland-$13.5B in TOD since light rail service began
Salt Lake City-single$1.5B investment,23-acre mixed-use TOD
City Creek Center project underway
Norfolk-$509M in TOD since preliminary engineering of starter line
and another$306M under construction
The real estate value is expected to increase within the Light Rail Corridor. Below is the Marginal
Cumulative Annual Real Estate Tax:
Projected VB Real Estate Value
Increase within the Light Rail Corridor
4 I sed I 1 . II s)
Class AA Class Cass.
The baseline Nominal NPI IL5$6 Nominal NP_Va8,82i4 Nominal NPV L596
value of 10 Year
Modest $490.6 $ 315.9 $400.6 $ 257.9 $339.5 $ 218.6
property Average 962.9 620/1 gillarill10 504.1 660.7 425.5
Optimistic 1,435.2 924.1 750.2 982.0 632.3
within'4
mile and h 2OY`a'
Modest 1,0]5.1 445.85\ 363.1 739.0 30.4
mile of the Average 2,128.0 882.4 1,729.0) 716.9 1,455.8 an.7
light rail Optimistic 3,181.0 1,319.0 ��� 1,070.7 2,172.7 900.9
corridor is 30Y4p.
Modest 1,648.4 440.1 359.1 1,133.3 302.6
$566.7 Average 3,269.9 873.1 CO 710.9 2,239.7 598.0
million Optimistic 4,891.3 1,306.0 3,•!'s. 1,062.8 3,346.0 893.4
IDYror
Modest 2,127.9 365.8y\ 297.8 1,456.0 250.3
Average 4,223.1 ]26.1 3,41,5 ) 590.0 2,879.3 495.0
Optimistic 6,318.3 1,086.3 88,1 4,302.6 739.7
}
SOYaar y
Modest 2,7921 303.1 2 •.•5 250.9 1,901.1 230.5
Avenge 5,5446 613.8 497.5 3,762.6 416.6
O•timi,tc •297.2 918.6 744.0 5624.0 622.6
October 4, 2016
19
CITY MANAGER'S BRIEFINGS
LIGHT RAIL 30%DESIGN
COST ESTIMATE
ITEM#66375
(Continued)
It is important to note the City will likely have a "return on investment"within year Twelve:
Projected Real Estate Tax Revenue
Increase from TOD
Marginal Cumulative Annual Real Estate Taxes(millions)
Oa.AA Class A Class El
Nominal PV6.5% Nominal PV a.5% Nominal PR 4.5%
10 Year
Modest $ 23.9 $ 17.4 $ 19.6 $ 14.4 $ 16.8 $ 12.3
Average 46.1 33.6 CIO 27.4 31.9 23.3
Optimistic 68.3 49.7 .• 40.5 47.0 34.2
20 Year
Modest 103.6 57.0 • 46.6 71.7 39.6
Average 203.5 111.7 CID 91.0 139.7 76.8
Optimistic 303.5 166.4 135.3 207.8 114.0
30 Year
Modest 241.8 101.7 387.4, 83.1 166.8 ]0.3
Average 477.5 200.4 (\373883.68 163.1 32].4 13].5
Optimistic 713.2 299.0 243.1 488.1 204.7
40 Year
Modest 432.5 141.7 115.7 297.6 9].8
Average 255.9 279.74210 22].6 586.1 191.]
Optimistic 1,279.3 417.6 1,e..s. 339.5 874.5 285.7
50Year
,xS
1 Modest 681.3 175.3143.0 4674 1203 ^14 r
Average 1,350.0 346.3 097.4 281.7 922.2 237.1
Optimistic 2,0106 517.4 1,639.7 420.4 1,376.9 353.5 _.
The projected job growth below is for the Pembroke SGA:
Projected TOD Job Growth
Just for the Pembroke SGA
Pembroke SGA 20-Year Total -nt Model • son
Employment Models 2015 2020 2025 2030 2035
Redevelopment
Total 17,972 20,853 26,148 31,287 36,125
5 Year Net Growth 2,881 5,295 5,138 4,838
Projection
Total 17,972 20,256 24,380 29,168 34,915
5 Year Net Growth 2,284 4,124 4,788 5,747
t
Benchmark
Total 17,972 19,658 22,612 27,049 33,704
5 Year Net Growth 1,686 2,954 4,437 6,655
9-
VEC
Total 17,972 19,347 20,876 22,576 24,466
�Year Net Growth 1,375 1,529 1,699 1,890
111L0source:City of Virginia Beach SGA Office Revised September 2016 Report
October 4, 2016
20
CITY MANAGER'S BRIEFINGS
LIGHT RAIL 30%DESIGN
COST ESTIMATE
ITEM#66375
(Continued)
Below are a few of the arguments in support of Light Rail:
So Why Light Rail
Economic Growth Strategy
Attracts the 21St Century Workforce
Creates the urban lifestyle choice
Enhances connectivity
Connects the two commerce centers of the two largest
cities in the Commonwealth
Preserves our suburban neighborhoods and rural living
choices
Completes the first operational segment of the south
side transit system
Keeps us competitive with other regions
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Mayor Sessoms expressed his appreciation to Tom Leahy, Deputy City Manager, Dave Hansen, City
Manager, and the entire Team that has worked so hard on this Project.
October 4, 2016
21
CITY MANAGER'S BRIEFINGS
ARENA DISCUSSION
ITEM#66376
4:41 P.M.
Mayor Sessoms welcomed Andrea Kilmer, President and CEO— United States Management(USM). Mrs.
Kilmer expressed her appreciation to the City Council for their continued support. A Video produced by
USM was shown :
.11•41 SOW SM
Virginia Beach Arena
USM's Vision for Arena is below:
Our Vision
Create a flexible,state-of-the art venue
that:
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• Serves as an iconic symbol for the
City,Region,&State
• Offers events for everyone
• Draws major acts and top tier events, I
• Creates memories of a lifetime
• Creates jobsk ,..
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• Catalyst to revitalizing the Oceanfron a ' _
• Year-round playground -- - —
• Major sports team potential
The time b now.The place is Virginia Beach. ]
October 4, 2016
22
CITY MANAGER'S BRIEFINGS
ARENA DISCUSSION
ITEM#66376
(Continued)
Below is the Arena Project Team:
Arena Project Team
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ESG paw
COMPANIES
CLARK NEXSEN®
'/ I Milt
FACILITIES Local Experience
and Global Expertise
PREMIER
PARTNERSHIPS
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The time Is now.The plan Is Virginia Beath.
3
AEG has agreed to partner with USM and manage the Arena. AEG operates more than 240 venues
worldwide and is the world's 2nd largest promoter:
Operate-AEG
Sprint Center(Kansas City,
7'ii Nltill �"
AEG Facilities manages vea,)
•
and/or owns 120 of the
industry's preeminent
venues T-Mobile Arens(Las Vgas,
r
World's 2nd largest promoter
Owns more professional Staples Glitter(Los
sports franchises and events
than any other company
The time is now.The place In Virginia Beach. 4
October 4, 2016
23
CITY MANAGER'S BRIEFINGS
ARENA DISCUSSION
ITEM#66376
(Continued)
The City's Economic Impact below includes 2,300 new jobs and over$240-Million of new revenue during
the construction:
City Economic Impact
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Construction Impact r
The time k now.The place k Virginia Beach. 5
Once the Arena is open and operating, the City's Annual Economic Impact includes 440 new jobs and an
increase in hotel rooms:
City Economic Impact
$15M 78,500 �'- � $1.7B
440 "
New Jobs ITO
slimes Night,
Annual Operations Impact s 6
The time is now.The place k Virginia Beach. 6
October 4, 2016
24
CITY MANAGER'S BRIEFINGS
ARENA DISCUSSION
ITEM#66376
(Continued)
It is important to note the fundamental business model and market analysis remains the same as well as
the City's incentives,payment cap and term totaling$115-Million:
What Remains the Same OUSM
UMW sww.wn.Mnnn
• Fundamental business model and market analysis
• City incentives,payment cap,and term
—Present Value of Incentives(CBRE): $115 M
• Privately financed and locally owned
• Highly qualified,experienced team
• Minority participation
The time Is now.The place is Virginia Beach. 7
The changes to the Development Agreement are defined below:
What Changes OUSlif
VOW HW.WnyMt t
• Domestic lender option
• Change in equity
• Loan structure and amount
—Includes construction period interest which
reduces risk during construction
—Includes 1 year Debt Service Reserve which
reduces risk during operation and in the unlikely
event of default
The time is now.The place is Virginia Beach. s
October 4, 2016
25
CITY MANAGER'S BRIEFINGS
ARENA DISCUSSION
ITEM#66376
(Continued)
Below are the main benefits of the proposed financing change:
Main Benefits of Proposed
OUVII
Financing Change
ate.. .,.M
• Domestic Alternative to Chinese Loan
>Addresses any perceived security concerns
➢Removes procurement requirement
>Removes political volatility
• Accelerated Development/Opening
➢2016 ground breaking/2018 grand opening
➢We haven't stopped!
• US Bank Trustee administrates Loan Proceeds
The rime Is now.The place I,Vbalnle Peach.
9
City Council adopted a Resolution on July 12, 2016, establishing seven (7) requirements and USM has
met all requirements except one. In lieu of a bond rating letter, USM proposes to purchase unrated
bonds and contribute an additional$7.5-Million in equity:
City Resolution Adopted July 12,2016
Set the following conditions for Council's'enthusiastic support"of USM's pursuit of
Bond Structure with approximately$230 M in bonds and$10 M in equity:
1. Maximum amount financed no more than actual price of construction contract,
not to exceed$200M plus capitalized interest on a drawn-down basis,debt
service reserves and issuance costs
2. Cannot finance previously incurred expenses or development fee
3. Maximum Payment Cap and term cannot change
4. A complete independent financial feasibility study
5. Repayment of bonds solely from revenues of project and previously approved
incentives,and shall not be an obligation of City,VBOA,or Commonwealth
6. All protections and cure rights of the City to remain,and
7. An indicative rating letter from a major rating agency and the bonds gm
anticipated to carry an investment grade rating from one of the 3 major agencies
USM has met all requirements but 1
In lieu of a Bond Rating letter,we are contributing an additional
$7.5 M In equity
The time is now.The place is Virginia Beach. 10
October 4, 2016
26
CITY MANAGER'S BRIEFINGS
ARENA DISCUSSION
ITEM#663 76
(Continued)
The overview below is the Plan of Finance:
Plan of Finance OUSNI
Units Haw Many*
• Taxable Private Placement
— Known Finance Structure
• Large Qualified Institutional Investors
• Bond Proceeds will be limited to use for the Construction Contract,
Loan Costs,and required Reserves
• No Developer Fees or reimbursement of costs other than prepaid
loan costs
• IJSM fully responsible for the debt
• Bonds repaid by same revenue streams as current Agreement
— 1%of Hotel Tax
— "But For"Taxes—that if not for the arena,would not exist
— Payments from Arena Operations
• VBDA serves Conduit Issuer
— No obligation and no recourse to VBDA,City,or State
— Same role it plays for other private entities,such as Westminster Canterbury
The time Is now.The place B Virginia Beach. 11
Below is an overview of the proposed changes in the Finance Structure:
Proposed Change in OUSM
Finance Structure u xtM Supt M.nyM Mnt
➢Bond Placement vs. Chinese Bank Loan
>Loan will fund $192,500,000 of
Construction Contract
>Construction Contract over $200M
'Equity contribution of over $20 million
The time is now.The place is Virginia Beach. 11
October 4, 2016
27
CITY MANAGER'S BRIEFINGS
ARENA DISCUSSION
ITEM#663 76
(Continued)
The City has protections as identified below:
City Protections &Id Stat..w..eM«t
• Tax incentives subject to appropriation
• City has the right, but not the obligation, to
cure loan in the unlikely event of default
• The City would negotiate new terms, if it
chooses to step in
Private vs. Public Financing
• Doesn't impact debt capacity of the City
• Doesn't impact the bond rating of the City
• Monies don't compete with fundamental services
—Teachers,schools,police,fire and rescue
The time is now.The place h Virginia Beach. 13
Financial Model Validated
• AEG Corporate Review
• CBRE Appraisal
• CH Johnson Market/Financial Feasibility Study
— Nationally recognized and respected consulting firm
— Extensive Study Process
• Site Visit
• Stakeholder and Industry Expert Interviews
• Comparable Facility and Market Analysis
• Financial Projections
— Full Public Presentation available on USM website
The time is now.The place is Virginia Beach. 14
October 4, 2016
28
CITY MANAGER'S BRIEFINGS
ARENA DISCUSSION
ITEM#663 76
(Continued)
't14Ir JOHNSON
National Comparable Facilities
Proposrd A e l in V ugir.a 71115.VA
Sur cFec MMa�9
•
v."W'+t..,#I"a1 n a4•r2 •0"+'tl Mti.. 3,.,.97"1+79+'.i'" .: ..n 9V.Y ...i
181871 597.0..09 VA 1.89019 110 1.937 19811E 55.79 .196 080,.711',0/1
90818.1316 17.811 288,EV 8269 329.305 1268035 1379515 1212082
1811840014 859287 8/0 761 3045/1 117.825 160118 553.881 113E
1973711±388 958.961 151.812 75154 953.333 911800 $52960 952626
8lbtim N8 95 8860 1111yg859 8513125/1 9210.&3151 9125E81 9279.58 93014850 924101.1]],..,.
SpJy�F6Mnrr1
it 8701838
1209 61,316 EBBB 13181 57206 5162 eNt
Mtn Age 383 31.1 31.1 31 318 Ill 035
7r 00931 10/700018 9601 9608 4513 188 2060 458 n.
.828917le e. 1011 791 4511
153290.0300. • $278 8195 1161 1110 99 9171
FWrgSwr 92535170 17117087990 PO.* P±45 7615 7016 •
PAW 1.1409 0511 15700 1935 NEA •
128 186 662 632 2150 1430 1738
1808 E 71 15 36 56 16 51
10982997 50 - 45 A 18 . 16 A
79.8105186 1658018000 19000 10203 14310 18.580 19675 18537
201me:lin&0 AEG.SI02,17580.560.17*70S0y3 90997*2.8±10.00181859
4'0 JOHNSON
Comparative Market Analysis-Summary
CV±±±y0±e0Il Mn±tr12774)5570 731±±117017IF650)
•v:*y+a0.`:)
Ppbv85te 173996 1Wilk 2
Mry7388521 ,11091
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171% 0909 e
Ibee 79071790 rtan 5 lY 591 95298 1
1!000 Aye'
7719 1182802191 55637 515.051 2
1Zr"5naMmtwyrrvsbn96pN 1"74.54* 83153179
B.bru.w.j
Taa'9uA.w195 l (1030 2075 5
1ia760+e.84009 Orr.751/1
•.7502196±071.700710!018 0]711
900089 5753&C1802M,a3.14±958
October 4, 2016
29
CITY MANAGER'S BRIEFINGS
ARENA DISCUSSION
ITEM#663 76
(Continued)
Below is a breakdown of"The Numbers":
The Numbers
Proposed MAXIMUM Bond $240 M
Less: 1 Year Debt Service Reserve ( 16 MI
Net Debt Balance S 224 M
Average Net Revenue and Incentives(CHJ) $19.5 M
Additional Surplus Reserve for Debt Service(1) 5.0 M
Average Annual Amount Available
(1)Total$21 M in reserves
Average Debt Service Coverage 1.5
Sensitivity Analysis 30%
16
The time is now.The place is Virginia Beath.
We Ask for Your Support
• We have dreamed this dream with the community for
over 3 years now
• Tremendous business,civic,and education support
• Per CH Johnson,a venue of this size and scope would
meet a severely under-met need
• Without a facility,we can't get a team
• If you don't buy a ticket to an event or stay in a hotel,
you don't pay for the arena
• We need a final vote to move forward and make this
dream a reality
13
October 4, 2016
30
CITY MANAGER'S BRIEFINGS
ARENA DISCUSSION
ITEM#66376
(Continued)
Host Grand Opening!
Beach. 19
Mayor Sessoms expressed his appreciation to Mrs. Kilmer and the entire City Stafffor all of the hard
work in the attempt to bring this project to the City.
Mayor Sessoms advised City Council will take a five-minute Break and reconvene in the City Council
Conference Room for the remainder of the Informal Session.
October 4, 2016
31
44';'",,04111.�b
-
C L
CSV , 6441�
V eo 1,
_
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 4, 2016
Mayor William D. Sessoms, Jr., Mayor Sessoms called to order the CITY COUNCIL'S INFORMAL
SESSION in the City Council Conference Room, Tuesday, October 4, 2016, at 5:10 P.M. Mayor
Sessoms advised in light of the pending Hurricane, he asked the Staff to provide a quick briefing to bring
everyone up to speed with the situation.
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
•
October 4, 2016
32
ADD ON
HURRICANE MATTHEW UPDATE
ITEM#66377
5:10 P.M.
Mayor Sessoms welcomed Chief Steve Cover. Chief Cover advised City Council that Hurricane Matthew
has several forecast models and looks like it may make landfall near the North and South Carolina
border as a Category 2 Hurricane. The EOC is meeting regularly to track this storm and the City
Manager will be meeting with the Department Directors tomorrow afternoon at 5:00 P.M. to provide
some preliminary decisions regarding evacuation, shelters, etc.
The City Manager advised Public Works has employed all efforts to protect the City, including removing
the Neptune Festival sandcastles on the Beach.
Chief Cover advised Hurricane Matthew is expected to produce anywhere from 4 to 8 inches of rain,
comparable to Isabell. Should mandatory evacuations be necessary in Sandbridge, the water will be
shut-off. The City has a re-entry plan in place to ensure everyone's safety and the water will be turned
back on once it is determined safe for re-entry.
Chief Cover advised winds averaging 100 mph are expected with a Category 2 Hurricane.
October 4, 2016
33
CITY COUNCIL
LIAISON REPORTS
ITEM#66378
5:16 P.M.
Councilman Davenport advised he and Councilman Moss will attend the Joint MEDAC meeting with
Virginia Beach and Norfolk scheduled for Friday, October 7, 2016.
October 4, 2016
34
CITY COUNCIL COMMENTS
ITEM#663 79
5:17P.M.
Council Lady Ross-Hammond advised a lady involved in an accident that left her severely injured just a
little over one year ago worked hard in rehabilitation and was able to run in the 5K race this past
weekend while her children looked-on.
October 4, 2016
35
CITY COUNCIL COMMENTS
ITEM#66380
(Continued)
Council Lady Henley advised the meetings begin next week for the update to the Transition Area "ITA"
Study and hopes each City Council Member will attend at least one of the meetings.
October 4, 2016
36
CITY COUNCIL COMMENTS
ITEM#66381
(Continued)
Councilman Moss attended the Fairfield Civic League meeting last night and they had a list of
items/concerns that have been reported to the City. They expressed frustration at the amount of time it is
taking the City to respond to their concerns.
Council Lady Ross-Hammond advised she was aware of the frustrations and the City is working to
resolve this.
October 4, 2016
37
AGENDA REVIEW SESSION
ITEM#66382
5:18 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
K. ORDINANCES/RESOLUTIONS
1. Resolutions re Arena Development:
a. AUTHORIZE an Amendment to the Development Agreement
b. RE-AUTHORIZE TRANSFER of land to the Development Authority
2. Resolution to CONFIRM the Virginia Beach Legislative Agenda to the 2017 General
Assembly for support and sponsorship
3. Resolution to APPOINT Elizabeth Bradley DeJarnette to the position of Associate City
Attorney
4. Ordinances to AUTHORIZE ACQUISTION of Agricultural Land Preservation (ARP)
easements from My III Sons, LLC at Hungarian Road(District 7—Princess Anne):
a. ISSUANCE of the City's contract obligations in the maximum principal amount of
$461,611
b. ISSUANCE of the City's contract obligations in the maximum principal amount of
$142,444
c. TRANSFER offunds to purchase United States Treasury STRIPS
5. Resolution SUPPORTING increased Crossing capacity across Hampton Roads harbor and
ENDORSING Alternative B for the Supplemental Environmental Impact Statement(SEIS)
6. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property,
known as Lake Joyce, and a 25 foot strip of City property around Lake Joyce at the rear of
4429 Blackbeard Road
7. Ordinances to:
a. APPROPRIATE$706,385 from the Fund Balance of the Tourism Advertising Program
Special Revenue Fund for marketing activities to promote tourism, conventions and
amateur sports competition
b. TRANSFER$354,851 within the FY2016-17 Operating Budget of the Convention and
Visitor's Bureau and AUTHORIZE full-time employees
c. ACCEPT/APPROPRIATE$740,195 from the Virginia Department of Behavioral
Health I Developmental Services within the Department of Human Services to
ESTABLISH a permanent Supportive Housing Program
d. APPROPRIATE$140,000 from the Fund Balance of the Commonwealth's Attorney's
Federal and State Seized Assets Special Revenue Fund to purchase a replacement Case
Management system; and TRANSFER$225,000 within their FY 2016-17 Operating
Budget
October 4, 2016
38
AGENDA REVIEW SESSION
ITEM#66382
(Continued)
e. ACCEPT/APPROPRIATE a $12,375 Grant to replace dive equipment for Police
Marine Patrol
f ACCEPT/APPROPRIATE a $1,418,582 Grant from the Federal Emergency
Management Agency for the Virginia Task Force 2 Urban Search and Rescue Team
(FEMA)
ITEM#1 a/b WILL BE CONSIDERED SEPARATELY
ITEM#2-COUNCILMAN MOSS WITHDREW 17 AND WILL BE VOTING VERBAL NAY ON 4, 5,
7, 13, 15 and 18
COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#4a/b/c
ITEM#5 WILL BE CONSIDERED SEPARATELY
ITEM#7a WILL BE CONSIDERED SEPARATELY
ITEM#7b WILL BE CONSIDERED SEPARATELY
October 4, 2016
39
AGENDA REVIEW SESSION
ITEM#66382
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
L. PLANNING
1. ALDI(N.C.)LLC I THREE FIVE MINISTRIES,INC., Conditional Change of Zoning
from R-15 Residential District to Conditional B-2 Community Business District for a grocery
store at 929 First Colonial Road(Deferred August 16, 2016)DISTRICT S-LYNNHAVEN
2. TELXIUS CABLE USA,INC./CITY OF VIRGINIA BEACH Conditional Use Permit re
Fiber Optics Transmission, East of Corporate Landing Parkway and West of General
Booth Boulevard DISTRICT 7—PRINCESS ANNE
3. THOMAS WILDER/JUAN SUAREZ/ARCH DIXON/JALALADIN MANSOURZADEH
Conditional Use Permit re a Craft Brewery at 2505 Horse Pasture Road(Deferred
September 6, 2016) DISTRICT 3—ROSE HALL
ITEM#1 WILL BE CONSIDERED SEPARATELY
COUNCILMAN DAVENPORT, VICE MAYOR JONES AND MAYOR SESSOMS WILL ABSTAIN
ON ITEM#1
October 4, 2016
40
ITEM#66383
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:
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff members or consultants pertaining to actual or probable litigation,
where such consultation or briefing in open meeting would adversely
affect the negotiating or litigating posture of the public body; or
consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal advice
by such counsel pursuant to Section 2.2-3711(A)(7).
• Diane Guidry v. City of Virginia Beach and Bonnie Schuhmann
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
October 4, 2016
41
ITEM#66383
(Continued)
Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council voted to
proceed into CLOSED SESSION at 5:25 P.M.
Voting: 10-0
Council Members Voting Aye:
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:
M. Benjamin Davenport stepped out
Closed Session 5:25 P.M. - 5:40 P.M.
The Mayor, Members of City Council and Selected Staff will meet at the Convention Center Saturday,
October 8, 2016, 9:00 A.M. — 10:30 A.MJ.for a "Community Dialogue"re the African American 5-Point
Plan and the racial profiling for law enforcement transparency they have requested to be added to the
2017 Legislative Package.
October 4, 2016
42
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
October 4, 2016
6:00 P.M.
Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, October 4, 2016, at 6:00 P.M
Council Members Present:
M Benjamin Davenport, , Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
INVOCATION: Reverend Walter A. Whitehurst
Retired Pastor
Charity United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at
297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's
transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne
Bank has an interest in numerous matters in which he is not personally involved and of which he does not
have personal knowledge. In that regard, he is always concerned about the appearance of impropriety
that might arise if he unknowingly participates in a matter before City Council in which TowneBank has
an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services
Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter
and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to
thoroughly review each City Council agenda to 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.
October 4, 2016
43
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 identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 13, 2015, is hereby made a part of the record.
Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes
Goodman and receives income from the firm as a result of her late husband's employment. The income is
proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an
employee of Dixon Hughes Goodman, does not have any role in management of the company and does is
not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of
transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of
which she has no personal knowledge. In that regard, she is always concerned about the appearance of
impropriety that might arise if she unknowingly participates in a matter before City Council in which
Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit
of the State and Local Government Conflict of Interests Act (the `Act'), it is her practice to thoroughly
review each City Council agenda to identify any matters in which she might have an actual or potential
conflict. If, during her review of an agenda, she identifies a matter in which she has a `personal
interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure
letter with the City Clerk to be included in the official records of City Council. Council Lady Wilson's
letter of June 2, 2015, is hereby made a part of the record.
Mayor Sessoms recognized and welcomed those in attendance from Girl Scout Troop 212.
October 4, 2016
44
Item—VII-E
CERTIFICATION
ITEM#66384
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 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
October 4, 2016
01A.SFyC
99rJ _� � e4V
OF OUR NoloS
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM#66383 Page 41 and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies
that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
dr—=EiLrAirkAll."
R • Hodges Fraser,MMC
City Clerk October 4, 2016
45
Item -VII-F
MINUTES ITEM#66385
Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council
APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of September 20,2016.
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
October 4, 2016
46
Item VII—H.1
MAYOR'S PRESENTATION ITEM#66386
RESOLUTION in Recognition to
WALTER ALLEN WHITEHURST DAY
Mayor Sessoms welcomed Reverend Walter Allen Whitehurst and presented a Resolution paying
tribute to the retired Pastor who gave the Invocation today, as many times in the past and has
contributed so much to the betterment of this community as well as around the world through his
missionary training and service.
October 4, 2016
s .B
cayy�
ss
`
e er
OUR NPT°
RESOLUTION
WHEREAS: Over the last seven decades, Walt Whitehurst has been on fifteen missionary trips
to Chile; and, in November 2016, he will make the sixteenth journey with his son and he will
serve as an Advisor. Walt thinks this is going to be fun because his son has not before wanted his
advice;
WHEREAS: Reverend Walter Allen Whitehurst is a life-long resident having been raised on a
100-acre farm in Pungo of Princess Anne County, now the City of Virginia Beach. He is well
known as "Walt"and a retired Minister of the United Methodist Church. He is celebrating fifty-
five years of marriage to the former Betty Campbell and they have three children: David,Bruce
and Monica. Monica was born while Walt and his wife served in Chile. He is a graduate of
Oceana High School where he played the Clarinet in the marching band. He earned a
Bachelor's degree from Randolph-Macon College and a Master of Divinity from Duke
University. It was during his college days that he developed an interest in different people and
cultures--which he credits as leading him into missionary work;
WHEREAS: Walt is most proud that over a period of nine and one-half years, he recruited,
trained and directed over one hundred individual Volunteer Missionaries to serve in the United
States and throughout the world. His first missionary trip was in 1956 during a leave of absence
from Duke University to South America for thirty-seven days on a cargo ship with a brief stop in
Panama where he purchased his first Ukulele. By the time he arrived in Chile, he was playing
like a Pro. This was the first of probably seven or eight Ukuleles he has worn out. After three
years in Santiago, Walt returned to Duke University to become an ordained Minister in the
United Methodist Church. On subsequent trips to Chile,he served as a Pastor,program director,
translator and general laborer;and,
WHEREAS: Walt has authored "Pungo Tales", a series of books containing collections of
stories and anecdotes about life in the rural area. Earlier this year,he published his fifth book in
the series, an autobiographical account of his own life from childhood to his current missionary
work. His greatest challenge in life has been finding time to do all he would like to accomplish
and giving back to his community.
NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council pause in its
deliberations to pay tribute to Reverend Walt Whitehurst who has given the Invocation here
today,as many times in the past,and has contributed so much to the betterment of this community
as well as around the world.
BE IT FURTHER RESOLVED: That it be known to all that this Fourth day of October, Two
Thousand Sixteen,be celebrated as:
WALTER ALLEN WHITEHURST DAY
ham, ......te,"„___,,, 60,,46vk c A. 14.friker..._
Council .n Ben amin Davenport C. cif . 110 ;.6" Council Lady Barbara M.Menfey
i_ me 1 .
CouncilLady Shannon SDS 7(ane 1T ncilman John D.Moss CouncifLady(Dr.Amelia N.Ross-
_j_ ___I i
Counci nJohn E.Vhrin CouncilLady Ros1ry'Wllson C. . la L.Wood
Allah
o
•
i
`(/ice Mayor Louis /tones Mayor',il&am D. "Witt"Sessoms,Jr
47
ADOPT AGENDA
FOR FORMAL SESSION ITEM#66387
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
October 4, 2016
48
Item - VII-I.1
PUBLIC HEARINGS
ITEM#66388
Mayor Sessoms DECLARED A PUBLIC HEARING:
TRANSFER of City Property to the Development Authority re the Arena
Bryan Stephens, President and CEO—Hampton Roads Chamber of Commerce, spoke in SUPPORT His
responsibility is to lead the efforts and set the conditions for businesses to succeed in the Region which
enhances jobs and the quality of life in the Region. Just this morning, the Chamber of Commerce hosted
the Annual State of the Region where Dr. Koch presented facts regarding some of the issues the Region is
facing and, although `facts don't lie", there are choices and decisions to be made. One choice is to do
nothing and maintain status quo; however, the Chamber believes the better choice is to do something to
improve the economy, infrastructure and the quality of life. The Arena is an important part in moving
forward and making it a "world-class Region."
Julia Rust—did not respond.
Joe Taylor, Hampton Roads Chamber of Commerce — Chair of the Virginia Beach Division, spoke in
SUPPORT This is a great opportunity for the City as it is important to acknowledge the risk is on the
Developers and not the City. The Arena will spark much needed and continued re-development of the 17th
and 19h Street Corridors. The business community is excited about the possibility this project brings to
the City. The Arena will enhance shoulder business to support locally owned businesses.
Paul Smith, 2852 Camarillo Lane, advised he operates the McDonald's at 19`h Street, spoke in
SUPPORT. USM has a tremendous amount of risk but it important to weigh benefits and the benefits far
exceed the risk. The Arena will be a year `round attraction and bring in much needed revenue to the City.
Mr. Smith stated his family goes to concerts in other cities fairly often. The Arena will create many jobs
during construction as well as during operation and his family can attend events "at home".
Richard Nottingham, 1361 Stephens Road, spoke in SUPPORT. Mr. Nottingham advised he has been a
resident of the City for last 38 years and is a business owner. Mr. Nottingham has known Andrea Kilmer
for almost 34 years and has never met anyone he holds with higher regard. Her integrity is
unquestioned. If she says she can do something it can happen and the City is fortunate to have someone
with her caliber working on this project.
Chris Stone, 218 77`h Street, President- Central Business District Association (CBDA) and Clark Nexsen
Architecting and Engineering, spoke in SUPPORT. Mr. Stone believes `people are not inspired by what
they do, but why they do it". A few years ago, Clark Nexsen moved its headquarters from Norfolk to
Town Center and now calls the City "home". The Arena will bring economic value to the City and raise
revenue during the off-season. This project represents `thousands of hours of planning and collaborating
by many professionals to ensure success and will be the largest in-door capacity Arena in the
Commonwealth.
Ellis Gillispie, 3795 Bonney Road spoke in SUPPORT. Mr. Gillispie is a resident of Little Neck and
employs over 100 team members as the CEO of Guardus Security and Investigative Services. The City
was chosen as their corporate headquarters knowing investors and businesses in the City prosper. Also,
the City has a great deal of potential to become a much greater City and the Arena will only enhance the
City by bringing growth and prosperity.
Martin Joseph, 5269 Cleveland Street, #201, CEO of 360IT Partners, a small company installing
computer networks for small to medium businesses, spoke in SUPPORT. Mr. Joseph feels the Arena will
help the City retain the young talent that so often moves away because of the lack of opportunity.
Cheryl Boyd, 2609 Sandy Valley Road—did not respond.
October 4, 2016
49
Item- VII-L1
PUBLIC HEARINGS
ITEM#66388
(Continued)
Carl Spraberry, 2609 Sandy Valley Road—did not respond.
Ross Vierra, did not respond.
Bob Golden, 397 Little Neck Road, CEO of The GBS Group, spoke in SUPPORT. GBS Engineering
Group is currently expanding to a new 12,000 square foot facility near Lynnhaven Mall and over the past
two (2) years won over $50-Million in new commercial contracts to modernize and automate ships for
companies such as MERSK and U.S. Navy as well as trains for Amtrak to Utah Transit. Mr. Golden
hopes the Arena will increase his ability to recruit and hire young creative individuals. He has found
recruiting the younger talent is easier in the cities that are modernizing.
Pat Cardwell, 1125 Bay Colony Drive, spoke in OPPOSITION. Mr. Cardwell feels the Arena fails to take
into account the citizens and is anything but honest and accountable. He opposes the Arena for two (2)
reasons, one: the City is unwilling or unable to disclose the terms of the deal and, secondly: it appears
the Arena deal has gotten substantially worse. In addition, the City has not obtained any additional or
new considerations since the initial approval in December 2015. The Developer wants to use non-
investment rated bonds with much higher interest rates which means a much higher risk.
Maryellen Baldwin, did not respond.
Thomas Gill, Chief- Virginia Beach Lifesaving Service (VBLS), spoke in SUPPORT VBLS continues to
partner with ESG, even though they could have walked away during the time VBLS did not oversee the
lifeguards at the Oceanfront, they did not. Instead, they continued the partnership even though it is not a
big `pay-day" and choose to continue because they love the City and being a part of the service
provided. ESG is totally committed to the City and USM could not have chosen a better partner.
Diana Burke, 1023 Laskin Road, Suite 111, Phone: 428-8015, Executive Director- Virginia Beach Hotel
Association (VBHA), spoke in SUPPORT. Ms. Burke advised the VBHA represents 78 properties and
over 130 associate members. The VBHA listed the Arena as their Number 1 priority for many years. The
anticipated growth will assist the City in becoming a year `round destination and hoteliers believe so
strongly, they agreed to increase the hotel tax to support the development.
Jimmy Capps, VBHA spoke in SUPPORT. Mr. Capps advised economic development is essential and the
Region has 3 major contributors for the financial health of the Region: tourism; military and ports.
Fortunately, the City can control the tourism piece of the economic development and the Arena will help
develop the City as a year `round destination. 2016 will be a record year for tourism sales and this is
partly due to renovations and amenities in the City. The 17th Street Corridor has been a weak area in the
Oceanfront. With the development of the VIBE District, the whole area has begun to turn around. The
Arena will only help better the efforts and will continue moving the City towards becoming a year `round
destination.
Russell Lyons, VBHA spoke in SUPPORT. The City has grown from a small beach town to the largest
City in the Commonwealth. The City made it a priority to promote the area as a year `round destination
and the Arena will only help the City reach that Vision. Room nights translate into `millions of dollars
and much needed additional revenue for the City.
Barbara Messner, spoke in OPPOSITION. Ms. Messner stated the transfer of 5.8 acres of land was taken
by eminent domain in 2002. She questions whether the City has a "clear title"for the land. She feels
Council Lady Henley was the only City Council Member to look out for the taxpayers. She feels that
many City Council Members have conflicts as the Developers have been major campaign contributors.
October 4, 2016
50
Item- VII-L1
PUBLIC HEARINGS
ITEM#66388
(Continued)
Don Weeks, 1126 Thompkins Lane, spoke in OPPOSITION. Mr. Weeks thanked Council Lady Henley for
her principle stand opposing the project. The secrecy behind the deal causes great concern . He
questioned the 5.8 acres of land to be used as collateral in obtaining additional loans. The bonds are not
rated and if the bank forecloses on the property, the taxpayers would have the additional burden to pay
off the loan.
Reid Greenmun, spoke in OPPOSITION. Mr. Greenmun asked Vice Mayor Jones to do as he had done so
many times before and go back to broker a "better deal"for the City. Vice Mayor Jones wrote
safeguards and agreements in the 315t Street Park Development Agreement. The Balance Sheet does not
take into consideration the $1.3-Bilion to run Light Rail. Mr. Greenmun does not necessarily disagree
with any of the speakers here tonight but is simply asking the City to slow down and ensure safeguards
are in place. The fact is Virginia Beach is cold in the winter-time and no amount of money can change
that fact.
Joe Belec, 605 Barberton Drive, spoke in OPPOSITION. Mr. Belec advised,from a taxpayer perspective,
he has noticed with City Council it feels like they have to push the "I believe button"for big projects.
Three Council Members publically said they have concerns. This project is lacking transparency and
everyone should be aware of the terms so there are no reservations.
Joshua Clark, 2117 Smith Avenue, Tidewater Builders Association (TBA), spoke in SUPPORT. Mr. Clark
advised TBA represents 700 business professionals in the housing industry. The Arena will support the
City's effort to diversify the economy. The Arena will be the economic centerpiece to spur economic
development within the City and Region. USM has some of the best and brightest minds and he feels
confident they will make sure the project is a success.
Kevin Clancy, spoke in SUPPORT. Mr. Clancy recently graduated from ODU with a Masters in Sports
Management. During his Senior Year, Mrs. Kilmer asked his class to prepare a proposal as part of their
senior project and, as a result, Mr. Clancy has decided to remain in the City in hopes of being a part of
this exciting project. Otherwise, he will be looking to relocate to a bigger City with an Arena to seek
gainful employment.
E. George Minns, President of Seatack Community Civic League spoke in OPPOSITION. The Seatack
residents are concerned about being able to get to the hospital. As you know, Seatack is on the Southside
of Virginia Beach Boulevard and 1-264 and the hospital is on the other side. It does not take a
tremendous amount of cars before the roads are gridlocked and no one wants their loved ones dying in
the back of an ambulance while sitting in gridlock traffic because the City did not protect its Citizens. It
is their right to have "uniformed government", the right to be safe and not endangered for something that
is known or should have been known.
Bill Reid, Vice President — AEG Live Mid-Atlantic spoke in SUPPORT. Mr. Reid supported the
Amphitheater over 20 years ago when City Council pushed the "I believe" button. What a great
investment for the City. The Region is largest in the Commonwealth and yet we do not have an indoor
Arena. AEG owns or manages 120 venues across the world and is the 2"d largest concert promoter. AEG
owns more professional teams than anyone else and now they have partnered with USM and the City.
Craig Pritchard spoke in SUPPORT. Mr. Pritchard is also a recent graduate of ODU and choosing to
stay in the area with the opportunity the Arena brings to the City.
Zack Twitchell spoke in SUPPORT. Mr. Twitchell is in his second year of the Master's Program at ODU
for Sports Management. The arena will promote job growth and spark a fire with the Millennials that
will want them staying and/or relocating to the City.
October 4, 2016
51
Item- VII-L1
PUBLIC HEARINGS
ITEM#66388
(Continued)
Cory Maggard, Vice President and Brew Master of Backbay Brewery & Backbay Farmhouse, spoke in
SUPPORT. Mr. Maggard feels economic vitality, is at the cornerstone of this project and, on behalf of
the generational residents and business owners, urge City Council to approve the Arena.
Frank Papcin, spoke in OPPOSITION. The cost of the Arena is not supposed to take any taxpayer money
yet that is not necessarily true. Only developers get the benefit of the special funds and he does not feel
that is right.
Dianna Howard, spoke in OPPOSITION. Ms. Howard questioned why the City is sticking a huge Arena
at the Oceanfront when we are facing sea level rise. USM has reduced their initial equity by 50%and
that causes great concern.
Eric Bartok, resident of Little Neck, spoke in SUPPORT The Arena will enhance the City and attract a
number of new visitors to the City, especially during the "shoulder season". This Arena will attract a
professional sports team and without it the City has no hope of ever getting a professional team.
Gay Sims, spoke in OPPOSITION. Ms. Sims feels transparency is important. She researched the
financial institution proposing to issue the bonds and found they were recently given a "Cease and Desist
Order" and fined for misrepresentation of statements regarding bonds. If this is accurate information,
this causes great concern. She also stated the ones that will be most affected is the future generations
that will be paying for the project.
Andrea Kilmer, USM expressed appreciation to the City Council for all of their efforts and work in
helping to bring this project to life.
There being no additional speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING
October 4, 2016
52
Item- VII-I.2
PUBLIC HEARINGS
ITEM#66389
Mayor Sessoms DECLARED A PUBLIC HEARING:
INSTALLMENT PURCHASE AGREEMENT re acquisition of
Agricultural Land Preservation (ARP) easement on Hungarian Road
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING
October 4, 2016
53
Item- VII-J.1
PUBLIC COMMENT
ITEM#66390
Mayor Sessoms DECLARED A PUBLIC COMMENT:
2017 LEGISLATIVE PACKAGE
E. George Minns, Seatack Community Civic League—President spoke in OPPOSITION to Item 2 of the
Legislative Package regarding the Virginia Human Rights Commission. The item does not include a
component to address "racial profiling", which is a problem throughout the entire City. Numerous
complaints have been filed against the Virginia Beach Police Department for racial profiling. Mr. Minns
provided a packet he asked be made part of the "Official Record".
Dr. James Allen, Virginia Beach Interdenominational Ministers Conference — President, spoke in
OPPOSITION to Item 2 of the Legislative Package regarding the Virginia Human Rights Commission.
The issue cannot be expanded without a component to deal with racial profiling. A 5-Point Plan was
presented to the City Council by the African American Leaders and Community. The City Council has
the authority to change the law in the City which must be addressed before approving the 2017
Legislative Package. A meeting is scheduled with City Council on Saturday, October 8`" to discuss the
Plan and he requested the Legislative Package be deferred until after that meeting.
Diana Howard Virginia Beach Tea Party Chairman spoke regarding the following:
• Item 4 regarding Medicaid Expansion - OPPOSE until such time as fraud,
waste and abuse have been addressed in the program;
• Item 7 regarding Voting Rights—this is rather vague and if the City is trying
to restore the Voting Rights of non-violent felons who have served their
sentence and paid fines and restitution, then they agree with the City; but, if
this removes the requirement for voters to identify themselves when voting
then they oppose;
• Item 8 regarding Coastal Flooding, Regional Greenhouse Gas Initiative —
not sure how raising the price of goods and services and businesses buying
"carbon credits"is going to assist sea level rise;
• Item 11 regarding Online Rental Platforms/AIRBNB and Others — OPPOSE
as the City should never have approved the Event Homes in Sandbridge
without requiring adequate off-street parking and ensuring the Noise
Ordinance. Now, the other citizens will have to pay for it;
• Item 12 regarding the Coastal Primary Sand and Beaches Act—SUPPORT;
• Item 13 regarding Road Maintenance Funding Formula Revision (Road
Diets) OPPOSE as the City should not reduce funding by turning roads into
bike paths;
• Item 14 regarding Menhaden Fishing Regulation - SUPPORT for overall
health of the Bay;
• Item 15 regarding A Governor's Cabinet Level State Resiliency Officer for
Recurrent Flooding—OPPOSE as this continues to expand government with
just more staff more resources;
• Item 18 regarding Certificate of Public Need — OPPOSE as this is an
unwarranted intrusion to the free market and eliminating would bring down
costs of health care
Reid Greenmun, 2405 Cliff Cutter Drive, Phone: 426-5589, requests an Item be added to the Legislative
Package to allow citizens the right to speak on Agenda Items during Regional Government Public
Meetings where very important topics are discussed and voted on. He has been trying to get this request
to the General Assembly and requested the City add it to the 2017 Legislative Package. Mr. Greenmun
will be happy to provide a copy of the proposed Bill to the City Council.
There being no additional speakers, Mayor Sessoms CLOSED THE PUBLIC COMMENT
October 4, 2016
t
iegr;q-1 ka-l;');).t g
Appendix IIm Components Effective Racial Profiling Law
PP P
For a racial profiling law to be effective, the law must:
• Include a comprehensive definition and an effective ban on racial profiling.
A comprehensive definition would prohibit the profiling of individuals and
groups by law enforcement agencies even partially on the basis of race,
ethnicity, national origin, religion, gender identity or expression, sexual
orientation, immigration or citizenship status, language, disability (including
HIV status), housing status, occupation, or socioeconomic status except when
there is trustworthy information, relevant to the locality and time frame,
which links person(s) belonging to one of the aforementioned groups to an
identified criminal incident.
• Ban pretextual stops—those instances in which police use minor/common
traffic violations to inquire about drugs, guns, or other breaches of the
law—of pedestrians and motorists.
• Outlaw violations of the racial profiling ban and specify penalties for
officers who repeatedly engage in racial profiling.
• Require mandatory data collection for all stops and all searches (traffic and
pedestrian) in all circumstances (warnings and citations given). Such data
would include perceived race, perceived gender, perceived age, perceived
nationality, and whether immigration status was inquired about during the
stop.
• Require data analysis and publication of the data collected on racial
profiling and regularly publish results of racial profiling investigations.
• Create an independent commission to review and respond to complaints of
racial profiling and regularly publish results of racial profiling investigations.
• Allow individuals to seek legal relief through the court to stop individual
law enforcement officers and departments from engaging in racial profiling.
• Provide funds for periodically retraining officers and installing in-car video
cameras, body-worn cameras, and gun cameras for monitoring traffic stops
and other police interactions.
1
Appendix III: Anti-Racial Profiling Model Bill A Law to
Prohibit Profiling/Discriminatory Policing Practices by Law
Enforcement Officers.
Be it enacted by the [Name of Government Body] as follows: Section 1.
Declaration of Legislative Intent and Findings.
. (a) The[Name of Government Body] finds that profiling/discriminatory
policing practices endangers the long tradition of law enforcement
officers serving the [Applicable State or Locality] community in order
to cultivate a welcoming place for people of all backgrounds. The
[Legislative Assembly/Local Council] further finds that the people of
[Applicable State or Locality] are in great debt to the hard work and
dedication of police officers in their daily duties. The name and
reputation of these officers should not be tarnished by the actions of
those who would commit discriminatory practices.
(b) Profiling/discriminatory policing practices by the police alienates
communities from law enforcement, violates rights and freedoms, and
is a danger to public safety. By passing this legislation, it is the intent
of the [Name of Government Body] to prohibit profiling/discriminatory
policing practices and to create a safer state/city/community for all.
Section 2. Profiling/Discriminatory Policing Practices Prohibited. (a)
Definitions. As used in this section, the following terms have the following
meanings:
1. "Law enforcement officer" means (A) a peace officer or police
officer as defined in the law who is employed by the [State/
Locality]; or (B) a special patrol officer appointed by the police
commissioner/chief to carry out law enforcement duties.
2. "Law enforcement action" means any action carried out by law
enforcement agencies and officers that involve apprehending people
who break the law.
3. "Specific suspect description-based notification" means reasonably
2
detailed physical descriptions of the personal identifying characteristics
of potential suspects (including age, sex, ethnicity or race) by law
enforcement officers instead of law enforcement officers acting based
on a generalized assumption about persons of different races.
Description-based notification is not a violation of the prohibition on
profiling/discriminatory policing practices when it includes race, ethnic
appearance, etc.
4. "Profiling/discriminatory policing practices" means any law
enforcement action against an individual by a law enforcement
officer that relies, to any degree, on actual or perceived race, color,
ethnicity, religion, national origin, gender identity or expression, sexual
orientation, immigration or citizenship status, language, disability
(including HIV status), housing status, occupation, or socioeconomic
status in initiating law enforcement action against an individual,
rather than any law enforcement action that relies on a specific suspect
description-based notification, an individual's behavior or other
trustworthy information or circumstances, relevant to the locality and
timeframe, that links a person or persons to suspected unlawful activity.
5. A "pretextual" stop involves a police officer stopping a pedestrian for a
violation of the [State/ Locality] Penal Law or a driver of a motor
vehicle for a traffic violation, minor or otherwise, to allow the officer to
then investigate a separate and unrelated, suspected criminal offense.
6. "Housing status" means the character of an individual's residence or
lack thereof, whether publicly or privately owned, whether on a
temporary or permanent basis, and shall include but not be limited to:
(A) an individual's ownership status with regard to the individual's
residence; (B) the status of having or not having a fixed residence; (C) an
3
individual's use of publicly assisted housing; (D) an individual's use of the
shelter system; and
(E) an individual's actual or perceived homelessness. (b) Prohibition.
1. Every member of the law enforcement agency (including other law
enforcement officers, civilian employees, and parties contracted by the law
enforcement agency) shall be prohibited from engaging in profiling/unlawful
discriminatory practices as defined in Section (c)(3).
(c) Enforcement.
1. An individual subject to profiling/discriminatory policing practices or
an organization whose interests are germane to the purpose of this
section, may enforce this section in a civil action for any or all of the
following remedies: compensatory and punitive damages; injunctive
and declaratory relief; and such other relief as a court deems
appropriate.
2. In an action brought under this section, relief may be obtained against:
(A) any governmental body that employed any law enforcement
officer who engaged in profiling/ unlawful discriminatory policing
practices; (B) any law enforcement officer who engaged in
profiling/unlawful discriminatory policing practices and any person
with supervisory authority over such law enforcement officer; (C)
any civilian employee who is employed with a law enforcement agency
who engaged in profiling/unlawful discriminatory policing practices
and any person with supervisory authority over such law such civilian
employee; and (D) any party contracted by the law enforcement
agency who engaged in profiling/ unlawful discriminatory policing
practices.
3. An unlawful discriminatory practice is established under this section
when: (A) an individual or organization brings an action
demonstrating that a law enforcement officer has, or law enforcement
officers have, intentionally engaged in unlawful profiling of one or
4
more individuals; and (B) the governmental body, law enforcement
officer, or supervisor against whom such action is brought fails to
prove that: i. such profiling or discriminatory policing practice is
necessary to achieve a compelling governmental interest, and ii. the
practice was narrowly tailored to achieve that compelling governmental
interest, and iii. the least restrictive means were used to achieve the
compelling governmental interest; or (C) an individual or
organization brings an action demonstrating that the activities of law
enforcement officers have had a disparate impact on individuals based
on actual or perceived race, color, ethnicity, religion, national origin,
age, sex, gender identity or expression, sexual orientation, immigration
or citizenship status, language, disability (including HIV status),
housing status, occupation, or socioeconomic status; and
(D) the governmental body, law enforcement officer, or supervisor against
whom such action is brought fails to prove a substantial justification for such
activities; or
(E) the governmental body, law enforcement officer, or supervisor does
prove a substantial justification for such activities; and
(F) the individual or organization demonstrates a comparably effective
alternative policy or practice which results in less of a disparate impact.
4. In any action or proceeding to enforce this section against any
governmental body, the court shall allow a prevailing plaintiff reasonable
attorney's fees as part of the costs, and may include expert fees as part of the
attorney's fees.
Section 3. Data Collection.
(a) Not later than 6 months after the date of enactment of this Act, the
[State/Locality] Attorney General/ district attorney, in consultation with
5
stakeholders, including Federal, State, and local law enforcement agencies
and community, professional, research, and civil rights organizations, shall
issue regulations for the collection of data. The [State/Locality] Attorney
General's/district attorney's office shall collect this data. The regulations
issued under this section shall:
1. Provide for the collection of data on all routine or spontaneous
investigatory activities.
. (b) Theinformationtobecollectedshallinclude:
1. Pedestrian and vehicular stops;
2. The identifying characteristics of the operator stopped, including
perceived race, ethnicity, English language proficiency, gender,
and age;
3. The location and duration of the stop;
4. The traffic violation or violations alleged to have been committed that
led to the stop;
5. Whether or not a warning or citation was issued as a result of the stop
and if so, the specific violation, if any, charged or warning given;
6. Whether a search was performed as a result of the stop;
7. If a search was performed, whether the person consented to the
search, the probable cause or reasonable suspicion for the search,
whether the person was searched, whether the person's property
was searched and the duration of the search;
8. If a search was of a passenger in the motor vehicle, the perceived age,
gender, race, ethnicity, and English language proficiency of the
passenger;
6
9. Whether any contraband was discovered or seized in the course of the
search, including money, and the type of any contraband
discovered or seized;
10. Whetheranyphysicalforcewasusedbyandagainstthelawenforcementoffi
cerorofficers,andif so, to what extent; and
11. Whetherthesearchinvolvedcanineunitsoradvancedtechnology;andanya
dditionalinformation which the law-enforcement agency
considers appropriate.
. (c) Provide that law enforcement agencies shall compile data on the
standardized form and submit the form to the [State/Locality] Attorney
General's/district attorney's office;
. (d) Providethatlawenforcementagenciesshallconspicuouslypublicizetheco
mpileddataonthe respective law enforcement agency's website on a
monthly or quarterly basis;
. (e) Provide that law enforcement agencies shall maintain all data collected
under this Act for not less than 4 years;
. (0 Include guidelines for setting comparative benchmarks, consistent with
best practices, against which collected data shall be measured; and
. (g) Provide for the protection of the privacy of individuals whose data is
collected by: 1. not providing individual names and identifying
information regarding the particular law enforcement officers who
made the stops and the pedestrians and drivers who were stopped; 2.
limiting the use and disclosure of the data collected under this Act to
the purposes set forth in this Act; 3. except as otherwise provided in
this Act, limiting access to the data collected under this Act to those
Federal, State, local, or tribal employees or agents who require such
access in order to fulfill the purposes for the data set forth in this Act;
4. requiring contractors or other non-governmental agents who are
permitted access to the data collected under this Act to sign use
7
agreements incorporating the use and disclosure restrictions set forth in
subparagraph 1; and 5. requiring contractors or other
non-governmental agents who are permitted access to the data collected
under this Act to sign use agreements requiring the maintenance of
adequate security measures to prevent unauthorized access to the data
collected under this Act.
Section 4. Data Analysis.
(a) The [State/Locality] Attorney General/district attorney may collect reports
from individual law enforcement officers regarding pedestrian and traffic
stops made by other law enforcement officers.
1. Any such report may be submitted anonymously, and must be kept
confidential.
(b) On or before [Designated Date], the [State/Locality] Attorney
General/district attorney shall compile the results of the information collected
pursuant to Section 3 of this Act and provide the compiled data to
independent experts to be analyzed.
(c) The independent experts shall then provide the data analysis to the
[State/Locality] Attorney General/ district attorney office in statistical form.
(d) The [State/Locality] Attorney General/district attorney office shall report
the data analysis in statistical form to the public conspicuously on the
respective law enforcement agency's website on a monthly or quarterly basis
without revealing personally identifiable information.
Section 5. Independent Commission.
. (a) An independent [State/Locality] Commission (The Commission) shall
be created to establish procedures for filing profiling/unlawful
discriminatory policing practices complaints.
. (b) The[State/Locality]Commissionshallpromulgaterulesestablishingproce
duresforfilingaprofiling/ unlawful discriminatory policing practices
complaint with the [State/Locality] Commission. The [State/ Locality]
Commission, in consultation with the Secretary of State's office, shall
8
promulgate forms for complaints of profiling/unlawful discriminatory
policing practices.
(c) A notice must be given to the person stopped by a law enforcement
officer as to allow he or she to file a complaint with the [State/Locality]
Commission if that person believes that he or she was stopped,
detained, or subject to a search in violation of Section 1 of this Act.
. (d) The[State/Locality]Commissionshallthenreviewandinvestigatethecomp
laint. 1. The [State/Locality] Commission shall possess independent
subpoena and disciplinary authority in order to investigate complaints
of profiling/discriminatory policing practices.
. (e) Upon completion of the investigation, the [State/Locality] Commission
shall determine if the stop or arrest was in violation of Section 1 of this
Act.
. (f) If the stop or arrest was in violation of Section 1 of this Act, then the
[State/Locality] Commission shall assess disciplinary measures on the
law enforcement officer or officers involved in the complaint. 1.
Disciplinary measures assessed by the [State/Locality] Commission are
enforceable in court.
. (g) The [State/Locality] Commission shall forward copies of the
complaint, materials related to the investigation, and the determination
with the assessed disciplinary measures to the arresting law
enforcement officer's employer and the [State/Locality] Attorney
General's or district attorney's office for review.
. (h) The[State/Locality]Commissionshallthencommunicatetheresultsofthein
vestigationinwritingto the person who filed the complaint. 1. The
person who filed the complaint can use the results of the investigation
to file a civil claim against the involved officer/s and the employing
law enforcement agency in the [State/Locality] Court for civil liability
remedies. [As stated in Sections 2(c)1, 2(c)2, and 2(c)4].
9
. (i) The [State/Locality] Commission shall compile an annual report of all
complaints received and investigated for profiling/unlawful
discriminatory policing practices and submit the report on or before
January 31 of each year to the Governor or the executive equivalent of
a locality, the President Pro Tempore of the [State] Senate, and the
Speaker of the [State] House of Representatives or the [State/ Locality]
legislative equivalent.
. (j) The Commission shall consist of members within the following ranks:
1. A representative from the Governor's Office.
2. Representatives from Advocacy Groups that support communities of
color, the LGBTQ community, undocumented people, women,
the Islamic community, homeless people, and people with
disabilities.
3. A representative of the Police Officers Association of
[State/Locality].
4. A representative of the applicable labor union.
5. A representative of the [State] Bar Association appointed by the
Governor from a list of attorneys submitted by the executive
council of the [State] Bar Association.
Section 6. Training.
. (a) This Act shall require that all law enforcement agencies be trained on
issues related to the prohibition on profiling/unlawful discriminatory
policing practices and on data collection and reporting methods.
. (b) The[State/Locality]CommissiononPeaceOfficersStandardsandTraining
(CPOST)oritsequivalent shall develop and disseminate guidelines and
training for all law enforcement officers.
1. All law enforcement officers must adhere to the standards approved
by the [State/Locality] CPOST or its equivalent on the racial and
1.0
cultural differences among the persons within [State/ Locality].
2. The course or courses of instruction and the guidelines must stress
understanding and respect for diverse communities and
development of effective, non-combative methods of carrying out
law enforcement duties in a diverse environment.
(c) The course of basic training for law enforcement officers must include
adequate instruction on diverse communities in order to foster mutual respect
and cooperation between law enforcement and members of all diverse
communities.
1. In developing the training, the [State/Locality] CPOST or its equivalent
shall consult with appropriate groups and individuals having an interest and
expertise in the field of cultural awareness and diversity.
. (d) Everylawenforcementofficerinthe[State/Locality]mustparticipateinexpa
ndedtrainingas prescribed and certified by the [State/Locality] CPOST
or its equivalent.
(e) The curriculum shall utilize the Tools for Tolerance for Law
Enforcement Professionals framework or its equivalent and shall
include and examine the patterns, practices, and protocols that make up
racial and other forms of profiling and unlawful discriminatory
policing:
1. This training shall prescribe patterns, practices, and protocols that
prevent unlawful profiling.
2. In developing the training, the [State or Locality] CPOST or its
equivalent shall consult with appropriate groups and individuals
having an interest and expertise in the field of racial profiling.
3. The course of instruction must include, but not be limited to,
adequate consideration of each of the following subjects:
11
(A) identification of key indices and perspectives that make up
differences among residents in a local community;
(B) negative impact of biases, prejudices, and stereotyping on
effective law enforcement, including examination of how
historical perceptions of discriminatory enforcement
practices have harmed police/community relations;
(C) the history and the role of the civil rights movement and
struggles and their impact on law enforcement;
(D) specific obligations of officers in preventing, reporting,
and responding to discriminatory or biased practices by
fellow officers; and
(E) perspectives of diverse, local constituency groups and
experts on particular cultural and police-community
relations issues in a local area.
. (f) Once the initial basic training is completed, each law enforcement
officer in [State/Locality], who adheres to the standards approved by
the [State/Locality] CPOST or its equivalent shall be required to
complete a refresher course every five years thereafter, or on a more
frequent basis if deemed necessary, in order to keep current with
changing demographic trends.
Section 7. In-Car And Body-Worn Camera Program.
. (a) Eachlawenforcementagencyinthisstatemayutilizefederalfundsfromcom
munity-oriented policing services grants or any other federal source to
equip each vehicle used for traffic stops with a video camera and
voice-activated microphone.
. (b) [State/Local]LawEnforcementAgencymust: 1. Implement a course of
instruction, which incorporates pertinent laws, Federal Rules of
Evidence, departmental policies and procedures, and use and
operation of the audio and video equipment; 2. Implement an
12
introductory in-car and body-worn camera course designed specifically
for new recruits; and 3. Implement a refresher course for advanced
officer training:
. (A) Minor infractions (not criminal in nature) by law enforcement officers
discovered during routine review of the recorded material should be
viewed as training opportunities and not as routine disciplinary actions.
. (B) Should the behavior or action be repetitive after being informally
addressed the appropriate disciplinary or corrective action shall be
pursued.
. (C) Major infractions (criminal in nature) by law enforcement officers
discovered during routine review of the recorded material is subject
routine disciplinary actions and criminal charges.
(c)
Achieflawenforcementofficershallprovideacopyofavideotapeordiskthatrecord
edatraffic stop to the driver of the stopped vehicle upon the driver's request if
the tape or disk has not yet been discarded.
. (d) Onthecommencementofaninvestigationbyalawenforcementagencyofan
unlawful discriminatory profiling complaint in which a video or audio
recording of the occurrence on which the complaint is based was made,
the agency shall promptly provide a copy of the recording to the law
enforcement officer who is the subject of the complaint on written
request by the officer.
. (e) Thepolicechiefoftheinvolvedlawenforcementofficer'slawenforcementa
gency,theCommission (as described in Section 5), and the
[State/Locality] Attorney General or district attorney are the only
parties authorized to access the retained video and audio.
. (f) A video camera installed pursuant to a grant under this section must:
13
1. be automatically activated during every traffic stop;
2. contain an audio feature; and
3. be designed and installed so as to record the stop in its entirety.
. (g) Camerasmustnotbeequippedwithmanualshutoffswitchesandmustbeactiv
atedfortheentirety of a traffic stop.
. (h) Chieflawenforcementofficersofagenciesreceivinggrantsunderthissectio
nforvideocamerasin police vehicles shall ensure that the videotape or
disk from the camera be stored for a minimum of 90 days after use:
1. Tapes and disks must be stored and maintained under this subdivision
in an accessible manner.
2. The tapes and disks must be clearly labelled and ordered.
. (i) If the chief law enforcement officer has not been instructed by the
Commission or the [Applicable State/Locality] Attorney General or
district attorney to maintain the tape or disk beyond 90 days, the chief
law enforcement officer may discard it.
. (j) Recording applies to: 1. uniformed officers; 2. marked vehicles; 3.
SWAT raids; and 4. similar planned uses of force when they involve
non- uniformed officers.
(k) Officers are required, wherever practicable, to notify people that they are
being recorded such as officers wearing an easily visible pin or sticker saying
`lapel camera in operation' or words to that effect.
Section 8. Severability.
(a)
Ifanyprovisionofthisbilloranyotherprovisionofthislaw,oranyamendmentstheret
o,shallbe held invalid or ineffective in whole or in part or inapplicable to any
14
person or situation, such holding shall not affect, impair or invalidate any
portion of or the remainder of this law, and all other provisions thereof shall
nevertheless be separately and fully effective and the application of any such
provision to other persons or situations shall not be affected.
Section 9. Enactment. (a) This law shall take effect (90) ninety days after it
is enacted.
*A special thanks to Udi Ofer, Executive Director of the ACLU of New
Jersey for providing expertise in crafting this model bill.
15
54
ADDED
ORDINANCES/RESOLUTIONS
ITEM#66391
Upon motion by Council Lady Ross-Hammond, seconded by Council Lady Wilson, City Council
DEFERRED Item 2 of the Legislative Agenda (Human Rights Commission) in order to meet and hear
the concerns of the African American Community this Saturday.
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
•
October 4, 2016
55
Item- VII-K
ORDINANCES/RESOLUTIONS
ITEM#66392
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY
CONSENT:Agenda Items 2(VICE MAYOR JONES WILL ABSTAIN ON 9 (OYSTER LEASES) and
COUNCILMAN MOSS WITHDREW 17 AND VOTED VERBAL NAY ON 4, 5, 7, 13, 15 AND 18) 3,
4a/b/c(MOSS VERBAL NAY), 6 and 7c/d/e/f
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
October 4, 2016
56
Item-VII-K.la1b
ORDINANCES/RESOLUTIONS
ITEM#66393
Upon motion by Council Lady Wilson, seconded by Councilman Uhrin, City Council DENIED The
Resolutions re the Arena Development:
a. AUTHORIZE an Amendment to the Development Agreement
b. RE-AUTHORIZE TRANSFER of land to the Development Authority
•
Voting: 8-3 (Motion to Approve lost to a Negative Vote)
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, 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:
Barbara M. Henley
Vice Mayor Louis R. Jones
John D. Moss
Council Members Absent:
None
Councilman Uhrin, Council Lady Wilson and Councilman Wood filed Disclosure Letters
October 4, 2016
a City of Virg;iriia I beach
2
915 ,e�a�
op oUR NAS0
VBgov.com
JOHN E.UHRIN PHONE: (757)200-7005
COUNCILMAN-DISTRICT 6-BEACH JUHRIN@VBGOV.COM
Refer to File No. 0059040
October 4, 2016
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H)
Dear Mrs. Fraser:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H),
Code of Virginia, I make the following declarations:
1. I am executing this written disclosure regarding City Council's discussion and
vote on a resolution approving the amendment to the arena development
agreement and reauthorizing the transfer of the arena land to the Development
Authority.
2. The arena project could increase demand for hotel rooms in the Resort Area, and
the project agreement also contemplates a temporary increase in the hotel tax.
3. I am an employee of Burlage Management Corporation, which is located at 801
Atlantic Avenue in Virginia Beach. Burlage Management Corporation owns
hotels in the Resort Area.
4. I am a member of a business, profession or occupation, namely Resort Area
hoteliers. To the extent the approval of this transaction may affect the business of
hotels in the Resort Area, all members of this profession may be affected by the
transaction.
215 ATLANTIC AVENUE, VIRGINIA BEACH, VIRGINIA 23451
Mrs. Ruth Hodges Fraser -2- October 4, 2016
Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(H)
5. Although the City Attorney has advised me that with respect to this transaction,
any benefit or detriment to Burlage Management Corporation is speculative and
therefore the Act provides that I may participate in this transaction without
restriction, I nevertheless have chosen to disclose this potential interest and state
that I am able to participate in this transaction fairly, objectively, and in the public
interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and
2.2-3115(H).
I respectfully request that you record this declaration in the official records of City
Council. Thank you for your assistance in this matter.
Sincerel
441411111111
4
Jo -• E. Uhrin
Councilmember
JEU/RRI
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44164.iso Ns°.
L� OUR NA ,1'4
ROSEMARY WILSON PHONE: (757)422-0733
COUNCIL LADY AT-LARGE FAX (757)385-5669
Refer to File No. 0059037
October 4, 2016
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H)
Dear Mrs. Fraser:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H),
Code of Virginia, I make the following declarations:
1. I am executing this written disclosure regarding City Council's discussion and
vote on a resolution approving the amendment to the arena development
agreement and reauthorizing the transfer of the arena land to the Development
Authority.
2. The arena project could affect nearby property and could impact the marketability
and value of such properties, which could potentially impact real estate service
providers, including Berkshire Hathaway HomeServices Towne Realty
("Berkshire Hathaway").
3. I am a real estate agent affiliated with Berkshire Hathaway, and I have a personal
interest in the company because I receive commissions from the company. The
only income I receive from Berkshire Hathaway is my own commissions from my
own sales.
4. I personally have no current real estate listings in the immediate vicinity of the
proposed arena project. Likewise I am not aware of, and am not currently
921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451
Mrs. Ruth Hodges Smith -2- October 4, 2016
Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(H)
pursuing, any potential future listing in the immediate vicinity of the proposed
arena project.
5. I am a member of a business, profession or occupation, namely real estate service
providers, the members of which may currently or at some point in the future be
involved in the marketing and sale of property in the vicinity of the arena. To the
extent the approval of this transaction may affect property values in the immediate
vicinity of the arena project and therefore affect sales commissions, all members
of this profession may be affected by the transaction.
7. Although the City Attorney has advised me that with respect to this transaction,
any benefit or detriment to Berkshire Hathaway is speculative and therefore the
Act provides that I may participate in this transaction without restriction, I
nevertheless have chosen to disclose this potential interest and state that I am able
to participate in this transaction fairly, objectively, and in the public interest in
accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2-
3115(H).
I respectfully request that you record this declaration in the official records of City
Council. Thank you for your assistance in this matter.
Sincerely,
L V
Rosemary A. Wilson
Councilmember
RAW/RRI
N'4
City of Virg;irzi i 1 leach
9f4�4, t
OF OUR NASION
V Bgov.co m
JAMES L.WOOD PHONE: (757)340-8411
COUNCILMAN-DISTRICT 5-LYNNHAVEN FAX (757)340-2082
jlwood @ vbgov.com
Refer to File No. 0059038
October 4, 2016
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H)
Dear Mrs. Fraser:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H),
Code of Virginia, I make the following declarations:
1. I am executing this written disclosure regarding City Council's discussion and
vote on a resolution approving the amendment to the arena development
agreement and reauthorizing the transfer of the arena land to the Development
Authority.
2. The arena project could affect nearby property and could impact the marketability
and value of such properties, which could potentially impact the value of real
estate in the vicinity of the arena.
3. I have an ownership interest in 603/605 22nd Street, L.L.C. and 609/607 22nd
Street L.C. The principal office address for both companies is 208 Ash Avenue,
Suite 101, Virginia Beach, VA 23452.
3. 603/605 22nd Street, L.L.C. owns property located at 603 and 605 22nd Street;
609/607 22"d Street L.C. owns property located at 607 and 609 22nd Street. All of
this real property is located approximately three blocks from the proposed arena
site.
208 ASH AVENUE,SUITE 101,VIRGINIA BEACH,VA 23452
Mrs. Ruth Hodges Smith -2- October 4, 2016
Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(H)
5. I am a member of a group of more than three persons, namely persons with
ownership interests in land in the vicinity of the arena project (either via direct
ownership or via ownership of a company that owns the land). To the extent the
approval of this transaction may affect the value of land in the vicinity of the
arena project, all members of this group may be affected by the transaction.
6. Although the City Attorney has advised me that with respect to this transaction,
any benefit or detriment to 603/605 22nd Street, L.L.C. or 609/607 22nd Street L.C.
is speculative and therefore the Act provides that I may participate in this
transaction without restriction, I nevertheless have chosen to disclose this
potential interest and state that I am able to participate in this transaction fairly,
objectively, and in the public interest in accordance with the provisions of
Virginia Code §§ 2.2-3112(A)(2) and 2.2-3115(H).
I respectfully request that you record this declaration in the official records of City
Council. Thank you for your assistance in this matter.
.'scerely,
Wood
. ncilmember
JLW/RRI
57
Item-VII-K2
ORDINANCES/RESOLUTIONS
ITEM#66394
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Resolution to CONFIRM the Virginia Beach Legislative Agenda to the 2017 General
Assembly for support and sponsorship
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
** Vice Mayor Jones Abstained on Item 9
Councilman Moss Withdrew Item 17 and Voted Verbal Nay on Items 4, 5, 7, 13, 15 and 18
October 4, 2016
1 A RESOLUTION ADOPTING THE CITY'S 2017
2 LEGISLATIVE AGENDA
3
4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and
5 requests members of the City's local delegation to the General Assembly sponsor
6 and/or support legislation therein; and
7
8 WHEREAS, the City Council has considered a number of goals and objectives
9 for inclusion in the City's 2017 Legislative Agenda.
10
11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
14 That the City Council hereby adopts the City's 2017 Legislative Agenda, which is
15 attached hereto as Exhibit A and is hereby incorporated by reference.
16
17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
18 BEACH, VIRGINIA:
19
20 That the City's Delegation to the General Assembly is hereby requested to
21 sponsor and/or support legislation in the 2017 Session of the General Assembly that
22 would carry out the goals and objectives of the City as set forth in its Legislative
23 Agenda.
24
25 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
26 BEACH, VIRGINIA:
27
28 That the City Clerk is hereby directed to transmit a copy of this resolution to each
29 member of the City's local Delegation to the General Assembly.
30
31 Adopted by the City Council of the City of Virginia Beach, Virginia, this 4th
32 day of October , 2016.
APPROVED TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
grit
Robert Matthias Roderick R. Ingram
City Manager's Office City Attorney's Office
CA13642
R-1
September 21, 2016
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/
I,EGISLATIVE AGENDA
GENERAL ASSEMBLY
2017 SESSION
October 4, 2016
11
TABLE OF CONTENTS
CITY OF VIRGINIA BEACH-CITY COUNCIL iv
CITY OF VIRGINIA BEACH- GENERAL ASSEMBLY DELEGATION iv
SECTION 1.1 - CITY OF VIRGINIA BEACH LONG TERM POLICY POSITIONS vii
1. POST LABOR DAY OPENING FOR SCHOOLS 2
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL
2. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT 3
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL VIA VIRGINIA BEACH HUMAN RIGHTS COMMISSION
3. MORATORIUM ON URANIUM MINING 4
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL
4. MEDICAID EXPANSION POSITION 8
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL
5. INCREASED FUNDING FOR MENTAL HEALTHCARE 11
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL
SECTION 1.2-CITY OF VIRGINIA BEACH NEW INITIATIVES 12
6. AMEND THE VIRGINIA CODE SECTION 442.170 TO INCREASE THE CIVIL CASE FILING
FEE ASSESSED IN 1988,FROM$4.00 TO$5.00 13
SPONSORED BY CITY COUNCIL MEMBER,AMELIA N. ROSS-HAMMOND
7. VOTING RIGHTS 14
SPONSORED BY CITY COUNCIL MEMBER,AMELIA N. ROSS-HAMMOND&HUMAN RIGHTS COMMISSION
8. SOLUTION TO COASTAL FLOODING,REGIONAL GREENHOUSE GAS INITIATIVE 15
SPONSORED BY CITY COUNCIL MEMBER, BARBARA HENLEY
9. OYSTER LEASES FOR NAVIGATION PROJECTS 16
SPONSORED BY CITY COUNCIL MEMBERS,JAMES L. WOOD AND JOHN E. UHRIN
10. REMOVE PREQUALIFICATION REQUIREMENT FOR BOND WAIVER PROGRAM 18
SPONSORED BY CITY COUNCIL MEMBERS, BOB DYER
11. ONLINE RENTAL PLATFORMS/AIRBNB AND OTHERS 19
SPONSORED BY VIRGINIA BEACH CITY COUNCIL
iii
TABLE OF CONTENTS
12. COASTAL PRIMARY SAND AND BEACHES ACT: AUTHORIZING VIRGINIA BEACH
WETLANDS BOARD TO ISSUE SAND MANAGEMENT GENERAL PERMIT 20
SPONSORED BY CITY COUNCIL MEMBERS, BARBARA HENLEY
13. ROAD MAINTENANCE FUNDING FORMULA REVISION(ROAD DIETS) 23
SPONSORED BY CITY COUNCIL MEMBERS, ROSEMARY WILSON
14. MENHADEN FISHING REGULATION 24
SPONSORED BY CITY COUNCIL MEMBERS, MAYOR WILLIAM D. SESSOMS,JR., LOUIS R.JONES,JAMES L.WOOD,
JOHN E.UHRIN, &BENJAMIN DAVENPORT
15. A GOVERNER'S CABINET LEVEL STATE RESILIENCY OFFICER FOR RECURRENT
FLOODING 25
SPONSORED BY CITY COUNCIL MEMBERS,JAMES L. WOOD
16. ANIMAL CRUELTY 26
SPONSORED BY CITY COUNCIL MEMBERS,JAMES L. WOOD
17. GAP REFINANCING REPEAL 27
SPONSORED BY CITY COUNCIL MEMBERS,JOHN D. MOSS
18. CERTIFICATE OF PUBLIC NEED 28
SPONSORED BY CITY COUNCIL MEMBERS, BOB DYER
iv
CITY OF VIRGINIA BEACH- CITY COUNCIL
Mayor William D. Sessoms, Jr.
Vice Mayor Louis R. Jones - Bayside
Shannon DS Kane—Rose Hall
Benjamin Davenport—At Large
Amelia N. Ross-Hammond - Kempsville
Bob Dyer - Centerville
Barbara M. Henley - Princess Anne
John D. Moss - At Large
John E. Uhrin - Beach
Rosemary Wilson- At Large
James L. Wood - Lynnhaven
f
CITY OF VIRGINIA BEACH- GENERAL ASSEMBLY DELEGATION
Senator Lynwood W. Lewis, Jr. —Senate District 6
Senator Frank W. Wagner—Senate District 7
Senator William R. DeSteph, Jr. —Senate District 8
Senator John A. Cosgrove, Jr. —Senate District 14
Delegate Ronald A. Villanueva—House District 21
Delegate Barry D. Knight—House District 81
Delegate Jason R. Miyares—House District 82
Delegate Christopher P. Stolle—House District 83
Delegate Glenn R. Davis—House District 84
Delegate Scott W. Taylor—House District 85
Delegate Joseph C. Lindsey —House District 90
Delegate Robert S. Bloxom—House District 100
SECTION 1.1 - CITY OF VIRGINIA BEACH LONG
TERM POLICY P OSITIONS
I2
1. POST LABOR DAY OPENING FOR SCHOOLS
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL
Background Information:
The total spending from the tourism industry in Virginia Beach for 2015 was $1.4 billion, stimulating
12,924 jobs. Starting schools in Virginia Beach and other localities in the Commonwealth prior to
Labor Day would have significant financial consequences on the tourism industry in the long term.
Beginning schools prior to Labor Day would effectively reduce the available vacation time in August by
two weeks, which is prime family vacation time that cannot be replaced. If the Virginia Beach school
system begins before Labor Day and other localities follow our lead, it will have a negative effect on the
economic impact of the tourism industry cutting short the critical summer season which will hurt small
businesses, hardworking families and their employees. To a lesser extent, this will also have an impact
on this industry by affecting the labor pool available prior to Labor Day.
Request:
The General Assembly is requested to maintain the existing legislation concerning post Labor Day
opening of schools. This allows all schools to open after Labor Day except those given exemptions by
the State Board of Education.
r/11/
3. MORATORIUM ON URANIUM MINING
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL
Background Information:
Virginia has had a moratorium on uranium mining since the 1980s. A large deposit of mineable ore has
been found in Pittsylvania County. This deposit is upstream of the John H. Kerr Reservoir, which
provides 93% of the inflow to Lake Gaston, which provides water directly to Virginia Beach, and
indirectly to most of Southside Hampton Roads. A study prepared by the National Academy of
Sciences (NAS) indicates that uranium tailings disposal cells represent long-term risks for
contamination, that limited data exist to confirm the long-term effectiveness of those disposal cells, and
that extreme natural events combined with human errors have the potential to lead to the release of
contaminants. The NAS study concludes that Virginia has no experience with uranium mining, that the
federal government has little or no experience with wet climates and extreme precipitation events, and
that there are gaps in legal and regulatory coverage for uranium mining and steep hurdles to be
overcome before mining could be established in Virginia within a regulatory framework that is
protective of health, safety, and the environment.
The City contracted with nationally prominent experts to prepare a study of the downstream water
quality impacts that would occur from a hypothetical, catastrophic breach of an above-grade, uranium
mine tailings disposal cell. The study indicates that in the aftermath of an assumed catastrophe,
radioactivity in the main body of Lake Gaston would remain above state and federal regulatory levels
for up to two months during wet years and six to sixteen months during dry years. The only practical
response during this time would be to shut down the Lake Gaston project. Depending upon the weather,
this could have significant consequences to all of Southside Hampton Roads, but particularly,
Chesapeake,Norfolk, and Virginia Beach.
The Cities of Chesapeake, Norfolk, Suffolk, Virginia Beach, and the Hampton Roads Planning District
Commission have all passed resolutions opposing uranium mining in Virginia and lifting the legislative
moratorium on uranium mining.
Request:
The General Assembly of Virginia is requested to maintain the existing moratorium on uranium mining
in Virginia. Also, the Commonwealth is requested to vigorously oppose federal court actions to overturn
the Uranium Mining Moratorium. (See attached resolution by City Council)
(I)
r 5
***Please find attached a resolution adopted by City Council on September 1, 2015***
Resolution Page 1
1 A RESOLUTION REQUESTING THE
2 ATTORNEY GENERAL TO OPPOSE
3 VIRGINIA URANIUM'S LAWSUIT SEEKING
4 TO INVALIDATE THE COMMONWEALTH'S
5 LONGSTANDING MORATORIUM ON
6 URANIUM MINING IN VIRGINIA
7
8 WHEREAS, the Virginia General Assembly enacted a Moratorium on Uranium
9 Mining in the early 1980's; and
10
11 WHEREAS, this Moratorium was established based on scientifically
12 demonstrated environmental concerns relating to Uranium Mining; and
13
14 . WHEREAS, Virginia Uranium, Inc. and its affiliated companies own mineral
15 rights to a potentially large uranium deposit in the Roanoke River Basin; and
16
17 WHEREAS, Virginia Uranium has repeatedly attempted through the General
18 Assembly to have the Moratorium lifted; and
19
20 WHEREAS, The General Assembly has maintained the Moratorium on Uranium
21 Mining; and
22
23 WHEREAS, Uranium Mining was opposed by multiple jurisdictions and
24 organizations, such as the Roanoke River Basin Association, Hampton Roads Planning
25 District Commission, and the cities of Virginia Beach, Norfolk, and Chesapeake, among
26 many others, several of which obtain their drinking water from Lake Gaston, which is in
27 the Roanoke River Basin and downstream from the Virginia Uranium site; and
28
29 WHEREAS, Virginia Uranium recently filed suit in Federal Court to challenge the
30 legality of the Moratorium; and
31
32 WHEREAS, Virginia Uranium claims that the moratorium on mining was enacted
33 solely because of concerns arising from the disposal of uranium mining by-products and
34 that regulation of the disposal of uranium mining by-products has been pre-empted by
35 Federal law and that, therefore, the moratorium on uranium mining is invalid; and
36
37 WHEREAS, Virginia Uranium requests the court to order the applications for the
38 licenses and permits needed to commence mining operations to be accepted and
39 processed in the same manner as they would if those permits and licenses pertained to
40 any other mineral that may be legally mined; and
41
42 WHEREAS, Virginia Uranium's assertions are inimical to sound public policy
43 and contrary to settled principles of law, inasmuch as the several states, including
44 Virginia, clearly retain the authority to regulate uranium mining within their respective
45 borders;
Resolution Page 2
46 NOW, THEREFORE, BE IT RESOLVED BY THE VIRGINIA BEACH CITY
47 COUNCIL:
48
49 That for the foregoing reasons, on behalf of the Citizens of Virginia Beach, it is
50 respectfully requested that the Attorney General, on behalf of the Governor and other
51 officials of the Commonwealth who have been named as defendants, vigorously oppose
52 Virginia Uranium's lawsuit seeking to invalidate the Commonwealth's longstanding
53 moratorium on uranium mining in Virginia.
54
55 Adopted by the City Council of the City of Virginia Beach on the 1st day of
56 September, 2015.
APPROVED AS TO LEGAL SUFFICIENCY:
•
/14
City Attorney's Office
CA13427
R-1
August 26, 2015
i 8
4. MEDICAID EXPANSION POSITION
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL
***Please find attached a resolution adopted by City Council***
(44)
Resolution Page 1
1 A RESOLUTION REQUESTING THAT THE GENERAL
2 ASSEMBLY AND GOVERNOR ACCEPT AND IMPLEMENT
3 THE FULL EXPANSION OF MEDICAID AS PROVIDED BY
4 THE AFFORDABLE CARE ACT
5
6 WHEREAS, the Patient Protection and Affordable Care Act ("Affordable Care
7 Act") is a.2010 federal law which, among other things, expands the availability of health
8 care through an expansion of Medicaid;
9
10 WHEREAS, as a result of the United States Supreme Court's decision in a case
11 in which it upheld the constitutionality of the Affordable Care Act, states now have the
12 option to chose whether to accept and implement the Act's Medicaid expansion;
13
14 WHEREAS, the Affordable Care Act's Medicaid expansion establishes a new
15 income eligibility criterion of 133% of the federal poverty level and provides 100%
16 federal funding for the expansion in the first three years, after which time the federal
17 funding will be reduced to no less than 90%of the cost;
18
19 WHEREAS, the projected cost to Virginia is dwarfed by the billions of federal
20 dollars which will flow into the state, and Medicaid expansion will not only provide
21 citizens with greater access to health care but will also support the state's health care
22 industry, employment, and Virginia's overall economy;
23
24 WHEREAS, although 47,775 Virginia Beach residents currently receive Medicaid
25 benefits, 51,730 additional adult City residents who are under the age of 65 remain
26 uninsured;
27
28 WHEREAS, an estimated additional 14,650 Virginia Beach residents will be
29 eligible for Medicaid expansion under the federal law, including a significant number of
30 single persons and couples with incomes between $15,415 and $20,879, as well as
31 certain families(depending on family size)with incomes up to$53,668;
32
33 WHEREAS, a significant number of uninsured Virginia Beach residents who
34 suffer from mental health or substance abuse disorders will be eligible for health care
35 coverage through Medicaid expansion; and
36
37 WHEREAS, the expansion of Medicaid will increase local employment in medical
38 services and other supportive health care industries(especially technology);
39
40 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
41 VIRGINIA BEACH,VIRGINIA:
42
(M,„„-/
Resolution Page 2
43 That the City Council requests that the Governor and the General Assembly take
44 the steps necessary to accept and implement in the Commonwealth of Virginia the full
45 Medicaid expansion as provided by the Affordable Care Act.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11th
day of December , 2012.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
��141
Cityjaarti-:s!'i'ice CityAttorney's Office
CA12482
R-2
December 5,2012
5. INCREASED FUNDING FOR MENTAL HEALTHCARE
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL
Background Information:
People with serious mental illness, as well as their loved ones, and people with addiction disorders and
their families face a crisis when it comes to accessing services they need. Decades of neglect to the
mental health system, plus an increased need from people who are uninsured, underinsured, or facing
economic hardship, have exacerbated the problem. According to the Virginia Department of
Behavioral Health and Development Services, almost 4,500 Virginians are waiting to receive
community-based services for mental health alone, and almost 1,500 of those have waited for services
longer than four months. The well-being of families and our community is seriously threatened by the
failure of those in need to receive timely and effective mental healthcare...
Request:
The City requests that the General Assembly provide significant increases to funding for mental
healthcare services beyond that provided in 2016. The City supports the Virginia Association of
Community Services Board (VACSB) budget priorities for 2017-2018 and requests funding to include,
but not limited to the following:
• Workforce development with a focus on recruiting and are retaining licensed or license-eligible
staff by offering tuition reimbursement and clinical supervision financial incentives--
$3,991,000
• The VACSB Emergency Services and Substance Abuse Councils are seeking expansion of
medical detoxification to improve our crisis response system for individuals with substance use
dependence and ensure that resources are available for safe detoxification during a crisis episode
-- $16,000,000.
• Reintegration services for high-risk youth and adults to expand capacity for the purchase of
community-based services and treatment to address youth and adults who are high-risk for re-
hospitalization or re-offense due the severity of their behavioral health challenges -- $7,000,000
• Additional Waiver Slots: The VACSB Developmental Services Council is supporting The
ARC's Waiver Waiting List Reduction Package to reduce the ID/DD Waiver waiting list by
50%. Waiver slots build capacities that will enable individuals who need developmental services
and supports, including those with multiple disabilities,to live a life that is fully integrated in
the community.
o Fund 200 Developmental Disability Waiver slots as part of the DOJ settlement
agreement in FY16
o Fund 800 Individual and Family Support Waiver slots in both FY 2017 & FY 2018
*Each ID waiver slot costs approximately$45,000 a year
• , i2
SECTION 1 .2 - CITY OF VIRGINIA BEACH NEW
POLICY INITIATIVES
6. AMEND THE VIRGINIA CODE SECTION §42.170 TO INCREASE THE
CIVIL CASE FILING FEE ASSESSED IN 1988, FROM $4.00 TO $5.00
SPONSORED BY CITY COUNCIL MEMBER,AMELIA N. ROSS-HAMMOND
Background Information:
The Wahab Public Law Library (WPLL) is under the governance of the Department of Public Libraries,
however, all operational funding, including that for personnel, is not derived from the City's General
Fund, but from civil cases filed in the Virginia Beach Circuit and General District Courts. The Circuit
Court Clerk takes 5% out of each $4.00 filing fee as a commission, as provided for in §17.1-289 of the
Code of Virginia, with WPLL receiving a total of$3.80 per each$4.00 filing fee.
WPLL ensures free access to a significant collection of current and accurate resources, specifically for
the purpose of providing legal information. It is open to anyone in need of legal information for research
and the practice of law in the community.
WPLL has been a part of the Virginia Beach Public Library since 1971. The library is, as the name
states, a Public Law Library. Our customers include citizens; employees in city and state agencies such
as the City Attorney, Public Defender, Commonwealth's Attorney, Circuit Court; members of the legal
profession; and students who are researching legal topics or studying legal writing and research as part of
their certification or degree coursework.
WPLL has evolved over the years from a small room near the Circuit Court Building in the early 1970's
to the current location in the Court Support Building of the Judicial Center. The 5,000 square foot facility
houses a collection of nearly 14,000 print volumes, and microform. The WPLL public computer lab
features free Internet access for the public, legal research databases Lexis and Westlaw, and a microform
reader printer. The WPLL staff consists of two full-time and two part-time employees. The Wahab
Public Law Library (WPLL) is under the governance of the Department of Public Libraries, however, all
operational funding, including that for personnel, is derived not
Request:
The City requests the General Assembly to increase the filing fee to $5. With a $1 increase, all funding
will go to support the Law Library.
Operation and maintenance of the Wahab Public Law Library cannot be sustained on the revenue it
currently receives. Since 1995, WPLL relied upon financial assistance from both the General Fund and
its revenue fund balance. The budget was reduced by nearly half in FY 2008, including a reduction in
hours for the general public. In FY 2009, the WPLL budget was reduced again to balance expenditures
with court revenue only and eliminate the need to obtain support from the General Fund. The lack of
funding has resulted in inadequate staffing levels to cover all service points and a reduction in hours of
operation to the general public. Insufficient operating costs to cover the purchase of legal resources have
compounded. With the additional cost of a rent increase in FY16 from $12 per square foot to $19.28 per
square foot to be paid over a three-year period, the fund balance continues to diminish. By FY 2018, the
fund balance will be below the required 10%balance that must be maintained per Management Services.
14
7. VOTING RIGHTS
SPONSORED BY CITY COUNCIL MEMBER,AMELIA N.ROSS-HAMMOND
&THE HUMAN RIGHTS COMMISSION
Background Information:
The right to vote is a fundamental right of every citizen of our Commonwealth and nation and it is the
foundation of our democracy. Barriers to the ballot box harm our state and our nation and are inconsistent
with the ideals and principles upon which our great nation and our Commonwealth were founded.
Increased voter participation, on the other hand, strengthens our democracy and results in leaders who are
responsive to the diverse needs of all of our citizens.
Request:
The City requests that the General Assembly support legislation that removes barriers to voter
participation and improves the ability of all Virginia citizens to exercise their fundamental right to vote.
In particular, it is requested that the Right to Absentee Voting be offered to any person qualified to vote in
person without providing a reason. Currently, there are specific excuses for voting early that limit turnout.
X15
8. SOLUTION TO COASTAL FLOODING REGIONAL GREENHOUSE GAS
INITIATIVE
SPONSORED BY CITY COUNCIL MEMBER, BARBARA HENLEY
Background Information:
The Hampton Roads Region (along with New Orleans) is the most at risk for coastal flooding and Sea
Level Rise in the country. Recurrent Flooding and Sea level rise is a reality, as can be evidenced by tide
gauges kept by National Oceanic and Atmospheric Administration and others since the early 1900's. Sea
Level Rise is real, and much of Virginia Beach is low and drains poorly. Storms that were small nuisances
just 10-15 years ago, now caused major destruction of roadways and damage homes.
The City Council has embarked on a strategy of studying the various watersheds within the City, which
will in the end provide plans on how to address Recurrent Flooding and Sea Level Rise. The other
localities in the region are doing similar efforts. This is a regional effort, which will take actions by the
state, federal, and local government. It will also be a very expensive endeavor.
The Regional Greenhouse Gas Initiative as it currently exist in states from Maryland and New York north,
allows carbon allowances to be purchased for every ton of CO2 emitted. Companies decide how to stay
below a cap that is set through the region, and these allowances are sold at quarterly auctions. The
proceeds are then returned to the state for reinvestment. It's projected that roughly $200M in auction
revenues through 2030 could be provided to Virginia. This could also help address the administration
"Clean Power Plan".
Request:
The General Assembly is requested to adopt legislation as was introduced by Delegate Ron Villanueva of
Virginia Beach and Chesapeake in the 2016 Session. This would allow Virginia to join with the Northeast
RGGI. This would allow us to manage cuts in carbon emission, while at the same time providing revenue
to address Sea level Rise and Recurrent Flooding. Currently the nine RGGI states represent 25% of the
U.S. population. They have had $1.3B in net positive economic impact, have cut pollution three times
faster than non-RGGI states, and have had lower bills for power than other areas.
116
9. USE OF OYSTER LEASES FOR NAVIGATION PROJECTS
SPONSORED BY CITY COUNCIL MEMBERS,JAMES L. WOOD&JOHN E.UHRIN
Background Information:
The City has numerous rivers and tributaries that require maintenance dredging. This includes both the
main channels of the Eastern and Western branches of the Lynnhaven River and multiple navigation
channels serving the multitude of neighborhoods of the fully developed watershed. Not only do these
waterways provide access for homeowners to utilize their waterfront property, but these navigation
channels support recreational boating for residents and visitors to the City in addition to serving water-
dependent local businesses and watermen. Virtually all of the coves of the Lynnhaven were developed
with navigation channels.
With the support of General Assembly legislation, Special Service Districts (SSDs) are being created to
formulate neighborhood navigation dredging projects to reclaim those navigation channels that have filled
with silt, mud and sediment foreign to the Lynnhaven's past. Restoring navigable channels for these
waterfront neighborhoods is a critical goal for the City, and the Navigation SSD program provides a venue
to accomplish this. The silt, mud and sediment that have inundated this body of water contribute to
degradation of the water quality of the Lynnhaven, which is condemned or restricted to oyster production
in many areas. As a result of contamination, most oyster leases are unproductive or have costly
restrictions and compliance measures before a harvest can be brought to market.
Restoring navigation channels is a part of the City's effort to cleaning up the Lynnhaven River, but the
widely popular SSD neighborhood navigation dredging program has been placed at risk due to 2014
legislation barring localities from exercising eminent domain to acquire portions of oyster leases of state-
owned bottomlands, even if the purpose is navigational dredging. Due to guarantees made by the
Commonwealth to the holders of oyster leases, consent from the oyster lease holder is required for any
dredging permit issued by the Virginia Marine Resources Commission. The legal result of this
requirement is that a single oyster lease holder with a nonproductive, vacant oyster bed in a condemned
creek retains veto power over a navigation dredging project affecting hundreds of waterfront property
owners and recreational boaters. The oyster leases cost $1.50 per acre/per year for a 10-year lease, and
although there is a requirement that leases be worked for oyster production, there are generous exceptions
for rivers like the Lynnhaven, where such production would not likely yield oysters. The proposed
legislation is to promote a balance that allows the municipality and its property owners to maintain the
navigation channels while providing fair treatment to active producing oyster lease holders.
\: .4r
I
Request:
The General Assembly is requested to amend the code of Virginia §28.2-618
§ 28.2-618. Commonwealth guarantees rights of renter subject to right of fishing.
The Commonwealth shall guarantee to any person who has complied with ground assignment
requirements the absolute right to continue to use and occupy the ground for the term of the lease, subject
to:
1. Section 28.2-613;
2. Riparian rights;
3. The right of fishing in waters above the bottoms, provided (i) that no person exercising the right of
fishing shall use any device which is fixed to the bottom, or which, in any way, interferes with the renter's
rights or damages the bottoms, or the oysters planted thereon, and (ii) that crab pots and gill nets which are
not staked to the bottom shall not be considered devices which are fixed to the bottom unless the crab pots
and gill nets are used over planted oyster beds in waters of less than four feet at mean low water on the
seaside of Northampton and Accomack Counties;
4. Established fishing stands, but only if the fishing stand license fee is timely received from the existing
licensee of the fishing stand and no new applicant shall have priority over the oyster lease. However, a
fishing stand location assigned prior to the lease of the oyster ground is a vested interest, a chattel real, and
an inheritable right which may be transferred or assigned whenever the current licensee complies with all
existing laws; and
5. In navigable waters that are located in the Lynnhaven River and its creeks and tributaries, the right of
navigation, including dredging projects to improve, deepen or restore existing navigation channels in
areas approved by the Virginia Marine Resources Commission, so long as the person dredging designs the
project to minimize affecting active, producing beds and, to the extent any such beds cannot be avoided,
the dredger relocates the oyster material that would be disturbed at its sole cost or the Virginia Marine
Resources Commission includes in its permit a condition that the person dredging will pay the holder for
any losses of oysters in production in an amount to be determined by agreement of the oyster holders or, if
no agreement can be reached, by a court of competent jurisdiction as of the date the oysters are first
disturbed.
This change would allow the City to compensate for loss of use while allowing much needed projects to
go forward.
1 18
10. REMOVE PREQUALIFICATION REQUIREMENT FOR BOND WAIVER PROGRAM
SPONSORED BY CITY COUNCIL MEMBER,BOB DYER
Background Information:
The City of Virginia Beach has undertaken many efforts to further equal opportunity and non-
discrimination in City procurement. In 1995, the City Council created the region's first Minority
Business Council (the "MBC"). The City and the MBC have worked over the years to further programs
and efforts to reduce barriers in City procurement to include:
• The City Council establishing a goal of 10%minority participation in City Contracts;
• De-bundling of City contracts to better enable small, woman-owned, and minority-owned
("SWaM") businesses to compete;
• Utilization of a comprehensive database of SWaM businesses and the types of goods or services
that each business provides;
• Enactment of a Small Business Enhancement Program requiring contractors to utilize at least
50% SWaM businesses in subcontracting plans;
• Implementation of a City Administrative Directive to require solicitations of SWaM, including
minority-owned and woman-owned, vendors for City contract of less than $50,000.
• Entry into a Memorandum of Understanding with the Virginia Department of Small Business
abd Supplier Diversity (through its predecessor, Department of Minority Business Enterprise) to
develop a productive and mutually beneficial working relationship;
• City Council adoption of a bond waiver program to the extent authorized by the General
Assembly on Feb 7, 2006, which includes a prequalification process.
The City of Virginia Beach has found that the prequalification process is time consuming for small
business and as a result the bond waiver program has not been as successful as intended. Since inception,
this program has only been used eight times by: 3 small businesses, 4 woman-owned businesses, and 1
minority owned business.
Request:
The City of Virginia Beach urges the General Assembly to adopt legislation to remove the
prequalification process for waiving the bid bond for non-transportation projects between $100,000 and
$500,000.
119
11. ONLINE RENTAL PLATFORMS/AIRBNB AND OTHERS
SPONSORED BY VIRGINIA BEACH CITY COUNCIL,
Background Information:
City Council adopted a Resolution in January 2016 requesting the General Assembly to give localities
authority to regulate online platforms such as Airbnb. This is a growing issue for Virginia localities, in that
property owners list their homes on the internet through these online platforms for rental. The City has
little authority to regulate these enterprises, which compete with the conventional hotel and bed and
breakfast business. Conflicts also occur at the neighborhood level as the legal right of quiet enjoyment by
adjoining property owners is impeded, and parking, health safety and welfare issues continue to grow.
Additionally, the City and State are unable to collect the State Sales Tax and Local Transiency Occupancy
Tax from these properties as currently required by law. This means that these properties are being illegally
rented out (either whole house, or room), and compete directly against conventional hotels that must
comply with health safety and welfare regulations, and collect and remit taxes due directly to the locality
and state. Every hotel is required by law to create a folio on every guest that shows the number of nights,
money spent, etc., which is auditable by the state. No such audit train exists for the online rental platforms.
The General Assembly referred this issue during the 2016 Session of General Assembly to the Virginia
Housing Commission. A special workgroup, the Short-Term Lodging Workgroup, has been working on
this issue, and is expected to produce recommendations by December 1St
Request:
The City of Virginia Beach requests the General Assembly to adopt legislation during the 2017 Session of
General Assembly that requires these online rental platforms operate with the same requirements as the
Traditional Lodging Industry does such as:
• Collection of the taxes due and remittance directly to the state and local governments,
• Regulation by localities for issues such as health, safety, and welfare including adequacy of
parking,
• Control on where these properties are allowed to be located,
• Requirement of platforms to delist non-compliant properties.
Furthermore, some penalties for violating the above requirements, and also causing harm to quality of
life in existing to neighborhoods that have the expectation of quiet enjoyment of their properties should
be included in the legislation.
I 2C
12. COASTAL PRIMARY SAND AND BEACHES ACT: AUTHORIZING
VIRGINIA BEACH WETLANDS BOARD TO ISSUE SAND
MANAGEMENT GENERAL PERMIT
SPONSORED BY CITY COUNCIL MEMBERS,BARBARA HENLEY
Background Information:
Sandbridge Beach is a nourished beach consisting of residentially zoned property in Virginia Beach.
Although portions of the beach are privately owned, they are subject to recreation and construction
easements authorizing public use and sand replenishment. Many of the properties have bulkheads along
the western easement lines. Beach restoration projects have addressed erosion but over time, sand has
migrated inland from the beach and in many cases overtopped the bulkheads, causing interference with
fences, gates, swimming pools, decks and other structures. This migrating sand creates safety hazards and
interferes with the enjoyment and use of the owners' property.
Under the current provisions of the Coastal Primary Sand Dune and Beaches Act, property owners cannot
move sand that is oceanward of their bulkhead (or if no bulkhead, oceanward of the nearest impervious
surface) and cannot place and spread any sand removed from their property upon the beach without
obtaining a permit from the Virginia Beach Wetlands Board ("the Board"). There are numerous properties
along Sandbridge Beach that are affected by the accumulation of migrating sand. It is cumbersome, costly
and inefficient for each property owner to obtain an individual permit for the management of this nuisance
sand. A general permit process would benefit the public, the property owners and the City while allowing
appropriate protection of the beach.
Request:
The City requests that the General Assembly amend the Coastal Primary Sand Dune and Beaches Act,
Section 28.2-1408.2 to add provisions authorizing the Board to issue a general permit for the
management of nuisance sand ("Sand Management General Permit") in the Sandbridge Beach
Subdivision and to provide a reasonable, timely and cost effective process for property owners in the
Sandbridge Beach Subdivision to become covered under the Sand Management General Permit. A draft
of the proposed amendment is attached.
I 2 Pf
Va. Code Ann. § 28.2-1408.2
§ 28.2-1408.2. Exemptions
A. Notwithstanding the requirements of§ 28.2-1408 or any other provision of this Code, the Virginia
Beach Wetlands Board (Board) shall make an ongoing determination in the Sandbridge Beach
Subdivision to determine which structures or properties are in clear and imminent danger from erosion
and storm damage due to severe wave action or storm surge. The owners of such structures or
properties shall not be prohibited from erecting and maintaining protective bulkheads or other
equivalent structural improvements of the type, size and configuration as approved by the Board. As
used in this section, the"Sandbridge Beach Subdivision" means the area that is bounded on the north
by Dam Neck Naval Base, on the west by Sandpiper Road, and on the south by Little Island Park.
The Board shall not impose arbitrary or unreasonable conditions upon its approval of any such
bulkhead or other structural improvement. The Board shall maintain a continuing responsibility to
ensure that each bulkhead or structural improvement constructed under the authority of this section is
maintained in a condition that is safe, structurally sound, and otherwise in conformity with the
conditions imposed by the Board.
Upon submission of an application to the Board pursuant to this section, as a requirement for approval,
the applicant must consent in writing to any subsequent construction approved by the Board whereby
an adjacent property owner desires to tie in a bulkhead at no additional cost with the bulkhead
proposed by the applicant. Such consent shall constitute a waiver of property line defenses relating to
the bulkhead line.
B. The Board may develop and adopt, after holding a public hearing, a General Permit for Sand
Management for properties in the Sandbridge Beach Subdivision along with appropriate Placement
Profiles. The Board shall cause notice of the hearing to be published at least once a week for two (2)
consecutive weeks prior to such hearing in a newspaper having general circulation in the City of
Virginia Beach. Any Sand Management General Permit and Placement Profiles adopted by the Board
shall set forth sand management practices that encourage owners of real property in the Sandbridge
Beach Subdivision to undertake responsible, cost-effective sand management practices that protect
and enhance the value and use of their property and that preserve and protect coastal primary sand
dunes and public beaches and prevent their despoliation and destruction. The Sand Management
General Permit and Placement Profiles shall specify all permissible sand management practices
including, but not limited to, the manner in which sand removed from said properties shall be
transported to and placed upon an appropriate sand placement and spreading zone as may be
designated in the Placement Profiles promulgated by the Board, and the requirement that such sand
shall be in the condition of clean beach sand prior to such transport and placement. The Board may
from time to time revise the Sand Management General Permit and Placement Profiles as appropriate,
in accordance with this subsection.
Following adoption, the owner of real property in the Sandbridge Beach Subdivision, or the designee of
such owner, may obtain coverage under the applicable Sand Management General Permit and
Placement Profile by submitting a registration statement to the Board on a form to be promulgated by
the Board requiring the following information: (i) Owner's name; (ii) Owner's address; (iii) Owner's
telephone number and email address: (iv)Address of property or properties; (v) Designee's name: (vi)
Designee's address; (vii) Designee's telephone number and email address; (viii) Identification of
applicable Placement Profile for the property or properties; (ix) Signature of applicant or designee; and
(x) Date of application. The Board may impose a reasonable fee in connection with processing the
registration statement.
I 22
The Board shall within thirty (30) days of receipt of a registration statement notify the applicant in
writing whether the registration statement is approved or disapproved. The Board's written notice of
approval or disapproval may be delivered to the applicant via email at the email address stated in the
registration statement or it may be delivered via U.S. Mail at the address stated in the registration
statement, or both. If the Board fails to notify the applicant in writing within thirty (30) days of receipt of
a registration statement, then the registration statement it is deemed approved. If the registration
statement is disapproved, the Board shall provide in its notification to the applicant a complete
statement of the reason(s)for the disapproval. Notwithstanding the requirements of§28.2-1408 or
any other provision of this Code, if the registration statement is approved, then the applicant is
authorized to manage sand in accordance with the applicable Sand Management General Permit for a
period of three (3)years from the date of the application. The approval or disapproval of a registration
statement submitted by an applicant is a decision of a wetlands board that is reviewable pursuant to
§28.2-1411 of the Code.
1/4\
13. ROAD MAINTENANCE FUNDING FORMULA REVISION (ROAD DIETS)
SPONSORED BY CITY COUNCIL MEMBER,ROSEMARY WILSON
Background Information:
The General Assembly created the roadway maintenance funding formula in the 1970s. VDOT uses this
formula to determine how much money to pass thru to localities that maintain their own roads:
"For the purpose of calculating allocations and making payments under this section, the Department shall
divide affected highways into two categories, which shall be distinct from but based on functional
classifications established by the Federal Highway Administration: (1) principal and minor arterial roads
and (2) collector roads and local streets. Payments made to affected localities shall be based on the number
of moving-lane-miles of highways or portions thereof available to peak-hour traffic in that locality." (Code
of Virginia §33.2-319, emphasis added)
Absent an explicit definition for "moving-lane-miles", VDOT has interpreted the term as lanes of any
width that are open for thru motor vehicle use,thus excluding turn lanes, on-street parking, and bike lanes.
"Road diets" reconfigure the lanes of an existing road to improve the safety and efficiency of the road,
often without changing the curb lines or edges. Road diets usually reduce the number of lanes but add
other features such as center turn lanes and bike lanes. The prototypical road diet converts a 4-lane road to
have 2 thru lanes, a center turn lane, and 2 bike lanes. Such a conversion would reduce a locality's
inventory of"moving-lane-miles" and thus also the funds received for maintenance, but there would still
be just as much asphalt to maintain.
In 2015, HB1402 was introduced to adjust the formula so that localities conducting road diets would not
suffer reduced maintenance payments. The final form of HB1402 as adopted was limited to the City of
Richmond for 2015 only, but it also required VDOT to prepare a report on how to include bike lanes.
In 2016, SB669 was introduced in response to the VDOT report, with the same goal of preserving funding
for localities that conduct road diets. SB669 applied only to bike lane conversions conducted after July 1,
2014; limited localities to 50 moving lane miles or 3% of the locality's total; and required that a
Professional Engineer (PE) assess the conversion for adequate capacity and compliance with the "Urban
Bikeway Design Guide" of the National Association of City Transportation Officials (NACTO).
Request:
The General Assembly is requested to revise the roadway maintenance funding formula to accommodate
the conversion of moving-lane-miles to bike lanes without reducing the maintenance funding provided to
localities after the conversion,perhaps along the lines of SB669 (2016).
I 24
14. MENHADEN FISHING REGULATION
SPONSORED BY CITY COUNCIL MEMBERS,MAYOR WILLIAM D. SESSOMS,JR., .LOUIS R.JONES,JAMES L.WOOD
JOHN E. UHRIN&BENJAMIN DAVENPORT
Background Information:
A small fish- Menhaden- is often referred to as "the most important fish in the sea". Because it is close to
the bottom of the food chain, the populations of many species rely on the Menhaden as a source of food.
These include important commercial fisheries and tourism such as: blue crab, rock fish, speckled trout,
mackerel, flounder, tuna, and shark. Over fishing of Menhaden affects those populations, and hurts many
people's income that rely on the sale of seafood to make a living. Tourism also suffers if the top of the food
chain species go elsewhere in search of food.
The importance of Menhaden is not solely founded on the population of other species. Menhaden also
provide a service in filtering the Bay, second only in importance to the oyster. As they filter the Bay they
return much needed oxygen to the waters for life to flourish.
The Chesapeake Bay and the near shore Atlantic Ocean waters of Virginia Beach are commonly referred to
as the "Menhaden Nursery". Maturation of the Menhaden primarily happens in the Bay which provides the
Atlantic Coast with these important fish. Keeping the Menhaden population flourishing is not only healthy
for the bay and for the entire Atlantic coast, but for the businesses that are such a part of the economic
engines known as tourism and commercial fishing.
Menhaden fishing is currently regulated by the General Assembly. Although the General Assembly's
knowledge of many issues is both wide and deep, regulation of fisheries is best left to those more
knowledgeable of the science. Menhaden is also a multi-state resource that needs to be looked at as a
whole, rather than the needs of few. The General Assembly has removed itself from the regulation of most
other fish & game species, and the regulation of Menhaden needs to be placed with the Virginia Marine
Resources Commission where the technology and science exist to best manage it. Also, the current
regulation of Menhaden does not require those fishing for this species to operate at a reasonable distance
from shore either on the Bay or the Ocean. Breakage in nets leads to regular pollution of the Bay and
Atlantic Ocean beaches with deposits of dead fish.
Request:
The City of Virginia Beach requests the General Assembly to adopt Legislation introduced during the
2016 legislative session similar to HB-150 introduced by Delegate Barry Knight, and SB-98 introduced
by Senator John Cosgrove. This would require the Virginia Marine Resource Commission to adopt
regulations to implement the Interstate Fishery Management Plan for Atlantic Menhaden. It would also
require any moratorium on the fishery to be subject to legislative review. Additionally, as was proposed
in HB-151 by Delegate Knight, in the 2016 legislative session, fishing for Menhaden with purse nets in
the Chesapeake Bay would be prohibited within one mile and within three miles of the shore lines of
Virginia Beach extending from the North Carolina border. This common sense legislation would allow
this very important resource to be managed for the overall health of the Bay, the Atlantic Ocean, and
Virginia's economy based on science and facts.
' - I 25
15. A GOVERNOR'S CABINET LEVEL STATE RESILIENCY OFFICER FOR RECURRENT
FLOODING
SPONSORED BY CITY COUNCIL MEMBER,JAMES L. WOOD
Background Information:
Hampton Roads is identified as one of the most flood prone areas in the nation. This is due to the
combination of sea-level rise, subsidence of land, and construction in tidal areas over the last 400 years.
That development has reduced natural drainage areas and the ability to absorb flooding along with a host of
other reasons. To address these issues the General Assembly created the Joint Sub-Committee on Coastal
Flooding. This is chaired by Delegate Chris Stolle of Virginia Beach. They have met multiple times over
the last several years, and have identified a number of issues that need to be addressed by the General
Assembly. One recommendation that was suggested, but not adopted, was that a State Resiliency Officer
position be created. Currently, Secretary of Public Safety, Brian Moran is acting as the Commonwealth's
Resiliency Officer by agreement with the Governor's office. Unfortunately, the issue of recurrent flooding
is in need of constant attention due to its threat to the economy of Virginia, particularly in Hampton Roads,
and the wellbeing of all of our citizens. Recurrent flooding for instance is a threat to major military
installations in Hampton Roads, which was identified by the Hampton Roads Planning District
Commission. The City of Norfolk is recognized as one of the most flood plain areas in the nation, second
only to New Orleans, Louisiana. The ports of Virginia could become more susceptible to recurrent
flooding, and their beneficial impact to the Commonwealth could be reduced if this issue is not addressed.
Also there is an impact on almost every citizen in tidal Virginia because of the increase in nuisance
flooding. Rain events that were unnoticed now create impassable streets and destroy property.
Furthermore many insurance companies are reluctant to write homeowners policies because of increased
risk/claims. Currently, the state lacks a single point of contact charged with identifying and addressing
recurrent flooding issues and proposing methods to counter them.
Request:
The City of Virginia Beach requests the General Assembly to create a stand-alone cabinet level
secretariat State Resiliency Officer, and program. This program should be identified as the lead in order
to give direction, and ensure accountability to possibly one of the most important issues facing all of tidal
Virginia. Furthermore, the Resiliency Secretariat should be closely aligned with the Secure
Commonwealth Panel, and be sufficiently supported with staff and resources from other state agencies.
The current operation of having this as a subordinate duty for the Secretary of Public Safety will likely
prove to be ineffective in the long term for bringing resources to bear on this important issue. Recurrent
flooding affects all of Coastal Virginia, and Hampton Roads especially. Even in times of scarce
resources, as the Commonwealth is currently facing, this clear threat to the wellbeing of the
Commonwealth's citizens and our businesses should be addressed effectively and resourced as needed
126
16. ANIMAL CRUELTY
SPONSORED BY CITY COUNCIL MEMBER,JAMES L. WOOD
Background Information:
State law sets the penalties for cruelty to animals. Currently, Virginia Code § 2.2-6570 provides that an
abuser can only be charged with felony animal abuse if(1) the animal dies as a result of torture or severe
abuse; or (2) the abuser previously had been convicted within the last five years of cruelty to
animals. Accordingly, if a Virginia court concludes that a defendant tortured or severely abused an
animal, but the animal survived the abuse, the court cannot sentence the defendant to more than one year
in jail unless the abuser had been convicted of the same offense within the past five years. If the
defendant instead could be found guilty of a Class 6 felony, the court would have the discretion to
sentence the abuser to up to five years imprisonment. Amending the law to allow a felony charge would
enable our courts to better address severe instances of animal abuse.
Request:
The City Council requests that the General Assembly amend Virginia Code § 3.2-6570 to allow persons
who severely abuse companion animals to be charged with a Class 6 felony, regardless of whether the
animal survives or whether the defendant had been previously convicted of the same crime within the
past five years.
M
mar 1 2 8
18. CERTIFICATE OF PUBLIC NEED
SPONSORED BY CITY COUNCIL MEMBER,BOB DYER
Background Information:
The Certificate of Public Need (COPN) has been used for many years to manage expensive healthcare
delivery facilities in the Commonwealth. This means that when hospitals wish to expand adding new beds
or equipment they must go to a state body to receive permission to do so. The Certificate of Public Need is
seen as a way to reduce duplication of expensive services and facilities, and also to make sure that
facilities constructed are not just those that profit the hospitals and other individuals the most. The COPN
is seen as a way to reduce healthcare costs and make services available as widely as possible. However,
many in the medical services delivery field see the COPN as an unwarranted intrusion into the free market.
During the 2016 session of the General Assembly, multiple bills were introduced to either outright repeal
or other adjustments/modifications to the existing law. Delegate Chris Stolle, of Virginia Beach, who is
not only a medical doctor but a Hospital Administrator, introduced House Bill-1083. HB-1083 would have
modified the COPN while maintaining the bedrock of the process. Delegate Stolle's bill was defeated;
however, other legislation is being studied over the period between the 2016 session and the 2017 session.
There will most assuredly be legislation introduced in the 2017 session that again ranges from outright
repeal to modifications as needed.
Request:
The City of Virginia Beach requests the General Assembly retain COPN in its current form with process
reforms similar to those recommended by Delegate Chris Stolle (HB 1083) in the 2016 session. This
legislation addresses concerns surrounding the COPN process while maintaining the integrity of the
program. Additionally, any legislation to deregulate COPN must be coupled with polices to promote
access to care, ensure provision of essential health services, fund graduate medical education, and
maintain the fiscal stability of Virginia's community.
58
Item -VII-K.3
ORDINANCES/RESOLUTIONS
ITEM#66395
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Resolution to APPOINT Elizabeth Bradley DeJarnette to the position of Associate City
Attorney
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 Voting Nay:
None
Council Members Absent:
None
October 4, 2016
1 A RESOLUTION APPOINTING ELIZABETH BRADLEY
2 DEJARNETTE TO THE POSITION OF ASSOCIATE CITY
3 ATTORNEY
4
5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 That pursuant to § 2-166 of the City Code, Elizabeth Bradley DeJarnette is hereby
9 appointed to the position of Associate City Attorney, effective October 7, 2016.
10
11 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of
12 October 2016.
APPROVED AS TO CONTENT AND
LEGAL SUFFICIENCY:
Mark D. Stiles, City Attorney
CA13641
R-2
September 23, 2016
59
Item-VII-K.4a
ORDINANCES/RESOLUTIONS
ITEM#66396
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE ACQUISTION of Agricultural Land Preservation (ARP)
easements from My III Sons, LLC at Hungarian Road(District 7—Princess Anne):
a. ISSUANCE of the City's contract obligations in the maximum principal
amount of$461,611 and TRANSFER of funds to purchase United States
Treasury STRIPS
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
October 4, 2016
1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION OF
2 AN AGRICULTURAL LAND PRESERVATION EASEMENT
3 FROM MY III SONS, LLC (83.76+/- ACRES), 2) THE
4 ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS
5 IN THE MAXIMUM PRINCIPAL AMOUNT OF$461,611,AND
6 3)TRANSFER OF FUNDS TO PURCHASE U.S. TREASURY
7 STRIPS
8
9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the
10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been
11 presented to the City Council a request for approval of an Installment Purchase Agreement
12 (the form and standard provisions of which have been previously approved by the City
13 Council, a summary of terms of which is hereto attached, and a copy of which is on file in
14 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the
15 Installment Purchase Agreement) on certain property located in the City and more fully
16 described in Exhibit B of the Installment Purchase Agreement for a purchase price of
17 $461,611; and
18
19 WHEREAS, the aforesaid Development Rights shall be acquired through the
20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in
21 compliance with, the requirements of the Ordinance; and
22
23 WHEREAS, the City Council has reviewed the proposed terms and conditions of the
24 purchase as evidenced by the Installment Purchase Agreement.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28
29 1. The City Council hereby determines and finds that the proposed terms and
30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase
31 Agreement, including the purchase price and manner of payment, are fair and reasonable
32 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee
33 is hereby authorized to approve, upon or before the execution and delivery of the
34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal
35 balance of the purchase price set forth hereinabove as the greater of 2.20% per annum or
36 the per annum rate which is equal to the yield on United States Treasury STRIPS
37 purchased by the City to fund such unpaid principal balance; provided, however,that such
38 rate of interest shall not exceed 4.20% unless the approval of the City Council by resolution
39 duly adopted is first obtained.
40
41 2. The City Council hereby further determines that funding is available for the
42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on
43 the terms and conditions set forth therein.
44
45 3. The City Council hereby expressly approves the Installment Purchase
46 Agreement and, subject to the determination of the City Attorney that there are no defects
47 in title to the property or other restrictions or encumbrances thereon which may, in the
48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City
49 Manager or his designee to execute and deliver the Installment Purchase Agreement in
50 substantially the same form and substance as approved hereby with such minor
51 modifications, insertions, completions or omissions which do not materially alter the
52 purchase price or manner of payment, as the City Manager or his designee shall approve.
53 The City Council further directs the City Clerk to affix the seal of the City to, and attest
54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the
55 incurrence of the indebtedness represented by the issuance and delivery of the Installment
56 Purchase Agreement.
57
58 4. The City Council hereby elects to issue the indebtedness under the Charter
59 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes
60 the indebtedness a contractual obligation bearing the full faith and credit of the City.
61
62 5. The City Council hereby authorizes the transfer of $249,270 from the
63 Agricultural Reserve Program Special Revenue Fund (161) to the General Debt Fund
64 (302), and the City Manager is empowered to transfer sufficient additional funds or return
65 funds not required,within the dollar limits provided by the Annual Appropriation Ordinance,
66 to purchase the United States Treasury STRIPS as described in the Installment Purchase
67 Agreement.
68
69 Adoption requires an affirmative vote of a majority of all members of the City
70 Council.
71
72 Adopted by the Council of the City of Virginia Beach, Virginia, on this 4th day of
73 October 2016.
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
Agriculture Department Budget and Management Services
CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY:
FUNDS:
t f11� / /'l t�
e C
Direc oroFinance City Attorney's Office
CA13632
\\vbgov.com\DFS 1 W pplications\CityLawProd\cycom32\Wpdocs\D011\P015\00049813.DOC
R-1
September 22, 2016
2
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2016-145
SUMMARY OF TERMS
SELLER: My III Sons,LLC, a Virginia limited liability company
PROPERTY
LOCATION: Hungarian Road(GPINs: 1388-47-6179 and 1388-57-1235)
PURCHASE PRICE: $461,611
EASEMENT AREA: 83.76 acres,more or less
DEVELOPMENT POTENTIAL: 9 single-family dwelling sites (1 reserved by Seller)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 2.20%(actual rate to be determined when STRIPS are purchased prior to
execution of Installment Purchase Agreement("IPA")). Rate may not exceed 4.20%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.
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Item -VII-K.4b
ORDINANCES/RESOLUTIONS
ITEM#66397
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE ACQUISTION of Agricultural Land Preservation (ARP)
easements from My III Sons, LLC at Hungarian Road(District 7—Princess Anne):
b. ISSUANCE of the City's contract obligations in the maximum principal
amount of$142,444 and TRANSFER of funds to purchase United States
Treasury STRIPS
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
October 4, 2016
1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION OF
2 AN AGRICULTURAL LAND PRESERVATION EASEMENT
3 FROM MY III SONS, LLC (45.95+/- ACRES), 2) THE
4 ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS
5 IN THE MAXIMUM PRINCIPAL AMOUNT OF$142,444,AND
6 3)TRANSFER OF FUNDS TO PURCHASE U.S.TREASURY
7 STRIPS
8
9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the
10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been
11 presented to the City Council a request for approval of an Installment Purchase Agreement
12 (the form and standard provisions of which have been previously approved by the City
13 Council, a summary of terms of which is hereto attached, and a copy of which is on file in
14 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the
15 Installment Purchase Agreement) on certain property located in the City and more fully
16 described in Exhibit B of the Installment Purchase Agreement for a purchase price of
17 $142,444; and
18
19 WHEREAS, the aforesaid Development Rights shall be acquired through the
20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in
21 compliance with, the requirements of the Ordinance; and
22
23 WHEREAS,the City Council has reviewed the proposed terms and conditions of the
24 purchase as evidenced by the Installment Purchase Agreement.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28
29 1. The City Council hereby determines and finds that the proposed terms and
30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase
31 Agreement, including the purchase price and manner of payment, are fair and reasonable
32 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee
33 is hereby authorized to approve, upon or before the execution and delivery of the
34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal
35 balance of the purchase price set forth hereinabove as the greater of 2.20% per annum or
36 the per annum rate which is equal to the yield on United States Treasury STRIPS
37 purchased by the City to fund such unpaid principal balance; provided, however,that such
38 rate of interest shall not exceed 4.20% unless the approval of the City Council by resolution
39 duly adopted is first obtained.
40
41 2. The City Council hereby further determines that funding is available for the
42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on
43 the terms and conditions set forth therein.
44
45 3. The City Council hereby expressly approves the Installment Purchase
46 Agreement and, subject to the determination of the City Attorney that there are no defects
47 in title to the property or other restrictions or encumbrances thereon which may, in the
48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City
49 Manager or his designee to execute and deliver the Installment Purchase Agreement in
50 substantially the same form and substance as approved hereby with such minor
51 modifications, insertions, completions or omissions which do not materially alter the
52 purchase price or manner of payment, as the City Manager or his designee shall approve.
53 The City Council further directs the City Clerk to affix the seal of the City to, and attest
54 same on,the Installment Purchase Agreement. The City Council expressly authorizes the
55 incurrence of the indebtedness represented by the issuance and delivery of the Installment
56 Purchase Agreement.
57
58 4. The City Council hereby elects to issue the indebtedness under the Charter
59 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes
60 the indebtedness a contractual obligation bearing the full faith and credit of the City.
61
62 5. The City Council hereby authorizes the transfer of $76,920 from the
63 Agricultural Reserve Program Special Revenue Fund (161) to the General Debt Fund
64 (302), and the City Manager is empowered to transfer sufficient additional funds or return
65 funds not required,within the dollar limits provided by the Annual Appropriation Ordinance,
66 to purchase the United States Treasury STRIPS as described in the Installment Purchase
67 Agreement.
68
69 Adoption requires an affirmative vote of a majority of all members of the City
70 Council.
71
72 Oct obAdopted by the Council of the City of Virginia Beach, Virginia, on this 4th day of
er
73 , 2016.
APPROVED AS TO CONTENT: APPROVED AS TO CONT
.tDIOVL4 0, _
Agriculture Department Budget and Management Services
CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY:
• NiS:
rjqAP Gt. 11401
'rector of Finance City Attorney's Office
CA13633
\\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\Wpdocs\DO11\P015\00049813.DOC
R-1
September 22, 2016
2
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2016-146
SUMMARY OF TERMS
SELLER: My III Sons, LLC, a Virginia limited liability company
PROPERTY
LOCATION: Hungarian Road (GPINs: 1388-44-8273 and 1388-54-3236)
PURCHASE PRICE: $142,444
EASEMENT AREA: 45.95 acres, more or less
DEVELOPMENT POTENTIAL: 4 single-family dwelling sites (2 reserved by Seller)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 2.20%(actual rate to be determined when STRIPS are purchased prior to
execution of Installment Purchase Agreement("IPA")). Rate may not exceed 4.20%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.
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Item-VII-K.5
ORDINANCES/RESOLUTIONS
ITEM#66398
Reid Greenmun spoke in OPPOSITION. He has studied the Hampton Roads Crossing since the 2000
Study was completed and the problem he has with Alternative B is while we have a great benefit in the
Port, what they haven't talked about is who owns the Port. The Port is owned by the Commonwealth and
a Third Crossing is not necessary for the port to expand. The Citizens are being targeted to pay for this
Third Crossing. How much are we will to expend in debt to expand the Port and what is the difference in
the increased profit from that expansion. If the cost of the expansion is greater, then take the cost of the
tunnel out of the profit. The Port should be paying for the expansion and not the local taxpayers.
Upon motion by Councilman Moss, seconded by Councilman Dyer, City Council ADOPTED, Resolution
SUPPORTING increased Crossing capacity across Hampton Roads harbor and ENDORSING
Alternative B for the Supplemental Environmental Impact Statement(SEIS)
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
October 4, 2016
1 A RESOLUTION SUPPORTING INCREASED CROSSING
2 CAPACITY ACROSS HAMPTON ROADS HARBOR AND
3 ENDORSING SEIS ALTERNATIVE B
4 WHEREAS, the Virginia Department of Transportation completed an
5 Environmental Impact Statement, culminating in a Record of Decision being issued by
6 the Federal Highway Administration (FHWA) in 2001, for a series of transportation
7 improvements called the Hampton Roads Crossing Study (HRCS); and
8 WHEREAS, at that time, the preferred alternative was Option 9, which would
9 have created a new east-west crossing from Interstate 564 to Interstate 664 with a
10 north-south spur to Craney Island and improvements to Interstate 664, including a new
11 Bowers Hill Interchange; and
12 WHEREAS, because construction had not begun on any of the approved
13 improvements of the preferred alternative, a new Supplemental Environmental Impact
14 Statement (SEIS) process was required; and
15 WHEREAS, the Virginia Department of Transportation, has completed a Draft
16 SEIS for the Hampton Roads Crossing (HRCS-SEIS); and
17 WHEREAS, the Draft SEIS was published in July 2016 and a 45-day comment
18 period requiring public comment, ending in September 2016, was coordinated; and
19 WHEREAS, the Draft SEIS includes four alternatives, which are generally as
20 follows:
21 • Alternative A includes provision of two additional lanes in the 1-64 corridor
22 between 1-664 and 1-564, including the Hampton Roads Bridge Tunnel
23 costing $3.3 Billion;
24 • Alternative B includes Alternative A and a four-lane east-west bridge
25 connection from 1-564 to Craney Island and then south to Route 164
26 serving Craney Island costing $6.6 Billion,
27 • Alternative C, includes improvements to 1-664 from 1-64 to the proposed I-
28 564/1-664 connection to eight travel lanes plus two transit-only lanes, the
29 connection between 1-564 and 1-664 and improvements to Route 164 with
30 four travel lanes plus two transit-only lanes, widening of 1-664 south of
31 Mid Hampton Roads from four lanes to six lanes but no improvements to
32 the Hampton Roads Bridge Tunnel, costing $12.58 Billion
33 • Alternative D, includes all components of Alternatives B and C, absent the
34 mass transit-only lanes of Alternative C, costing $11.98 Billion; and
35 WHEREAS, the economic well-being of Hamptons Roads' economy is contingent
36 upon the timely movement of people, goods and services and the projected
37 development in western Hampton Roads and redevelopment in eastern Hampton
38 Roads which require additional crossings of Hampton Roads; and
39 WHEREAS, the Council of the City of Virginia Beach does not believe that the
40 No-Build Alternative nor Alternative A addresses the purpose and need of the SEIS and
41 should be removed from consideration;
42 WHEREAS, Alternatives C and D are deemed to be non-permittable based on
43 formal comments by the United States Army Corps of Engineers and the United States
44 Navy, and so should be removed from consideration; and
45 WHEREAS, the Council of the City of Virginia Beach finds that Alternative B adds
46 capacity to the Hampton Roads Bridge Tunnel corridor and provides a new east-west
47 connection from 1-564 to Route 164, connecting to 1-664 which can comply with the
48 fiscally constrained Long Range Transportation Plan.
49 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
50 OF VIRGINIA BEACH:
51 That the City Council supports the proposed Alternative B to be built in
52 incremental, independent utility phases, as prioritized in the fiscally constrained
53 Hampton Roads 2040 Long Range Transportation Plan and advanced by project
54 readiness and using all means necessary to obtain a Record of Decision and a
55 Construction Permit from the U.S. Army Corps of Engineers so that it may be
56 constructed as soon as fiscally possible.
octoNlppted by the Council of the City of Virginia Beach on the 4th of
, 2016.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Rose atthias Roderick R. Ingram
City Manager's Office City Attorney's Office
CA 13649
R-1
September 27, 2016
62
Item-VII-K6
ORDINANCES/RESOLUTIONS
ITEM#66399
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a portion of City property,
known as Lake Joyce, and a 25 foot strip of City property around Lake Joyce at the rear of 4429
Blackbeard Road
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance to AUTHORIZE a temporary encroachment to a
portion of City property, known as Lake Joyce, and a 25 foot
strip of City property around Lake Joyce at the rear of 4429
Blackbeard Road (GPIN1570802438 — CITY PROPERTY;
149794197)
The following conditions shall be required:
1. Nothing within the Agreement shall prohibit the City from immediately
removing or ordering the Grantee to remove, all or any part of the
Temporary Encroachment from the Encroachment Area in the event of an
emergency or public necessity and Grantee shall bear all costs and expenses
of such removal.
2. It is further expressly understood and agreed the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee and that
within thirty (30) days after the notice is given, the Temporary Encroachment
must be removed from the Encroachment Area by the Grantee. The Grantee
will bear all costs and expenses of such removal.
3. It is further expressly understood and agreed the Grantee shall indemnify,
hold harmless and defend the City, its agents and employees,from and against
all claims, damages, losses and expenses, including reasonable attorney's
fees, in case it shall be necessary to file or defend an action arising out of the
construction, location or existence of the Temporary Encroachment.
4. It is further expressly understood and agreed nothing herein contained shall
be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other than the
Grantee.
5. It is further expressly understood and agreed that this Encroachment
Agreement does not provide permission to the Grantee to maintain a shed or
other accessory structure on City property or within the Rear-Yard Setback
provided by the City Zoning Code. Also, the Grantee must procure any
permits or variances required by law for the Temporary Encroachments and
any other feature shown on the Exhibit to this Agreement.
6. It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a
hazard.
October 4, 2016
63
Item -VH-K.6
ORDINANCES/RESOLUTIONS
ITEM#66399
(Continued)
7. It is further expressly understood and agreed that the Grantee shall establish
and maintain a Riparian Buffer, which shall be a minimum of fifteen (15)feet
in width landward from the shoreline, shall run the entire length of the
shoreline and shall consist of a mulched planting bed and contain a mixture of
understory trees, shrubs and perennial plants (the "Buffer'). The Buffer shall
conform with the Exhibit "A" attached to the Agreement. The Grantee shall
consult with the Department of Planning and Community Development on the
composition of plants for the Buffer prior to its installation to confirm plant
suitability and acceptance. The Buffer shall not be established during the
months of June, July or August, so that it has the greatest likelihood of
survivability. The Grantee shall notify the Environment and Sustainability
Office of the Department of Planning and Community Development when the
Buffer is complete and ready for inspection. An access path, stabilized
appropriately to prevent erosion, through the Buffer to the shoreline is
allowed.
8. It is further expressly understood and agreed that the Grantee shall establish
and maintain the "Buffer" of a size and species of the Grantee's choice, as
long as the trees are native trees, to be planted fifteen (15)feet landward of
the bulkhead near the West property line. The Buffer shall not be established
during the months of June, July or August, so that it has the greatest
likelihood of survivability. Prior to the City issuing a Permit, the Grantee
must post a bond or other security, in an amount equal to the estimated cost of
the required Buffer, to the Department of Planning to insure completion of the
required Buffer. The Grantee shall notify the Department of Planning when
the Buffer is complete and ready for inspection; upon satisfactory completion
of the Buffer as determined by the City, the bond shall be released.
9. It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an
amount not less than $500,000.00, per person injured and property damage
per incident, combined, with the City listed as an additional insured/loss
payee. The company providing the insurance must be registered and licensed
to provide insurance in the Commonwealth of Virginia. The Grantee will
provide endorsements providing at least thirty (30) days written notice to the
City prior to the cancellation or termination of or material change to, any of
the insurance policies. The Grantee assumes all responsibilities and
liabilities, vested or contingent, with relation to the construction, location
and/or existence of the Temporary Encroachment.
10. It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee and collect the cost
in any manner provided by law for the collection of local or state taxes; may
require the Grantee to remove the Temporary Encroachment; and pending
such removal, the City may charge the Grantee for the use of the
Encroachment Area, the equivalent of what would be the real property tax
upon the land so occupied if it were owned by the Grantee; and if such
removal shall not be made within the time ordered hereinabove by the
Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00)per day for each and every day that the Temporary Encroachment
October 4, 2016
64
Item -VII-K.6
ORDINANCES/RESOLUTIONS
ITEM#66399
(Continued)
is allowed to continue thereafter and may collect such compensation and
penalties in any manner provided by law for the collection of local or state
taxes.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourth day of October, Two
Thousand Sixteen.
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
October 4, 2016
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF CITY
6 PROPERTY KNOWN AS LAKE
7 JOYCE AND THE 25' STRIP OF
8 CITY PROPERTY AROUND LAKE
9 JOYCE LOCATED AT THE REAR
10 OF 4429 BLACKBEARD ROAD
11
12 WHEREAS, the Joanne Madeline Renn Living Trust (the "Renn Trust") has
13 requested permission to maintain an existing concrete boat ramp, pier, bulkhead and shed
14 and to construct and maintain 85 LF riprap, 74 LF timber bulkhead and proposed
15 landscape buffers into the existing City property known as Lake Joyce and the 25' strip of
16 City property around Lake Joyce, (the "City Property") located at the rear of 4429
17 Blackbeard Road.
18
19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
20 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
21 the City's property subject to such terms and conditions as Council may prescribe.
22
23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25
26 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Renn Trust has requested
28 permission to maintain an existing concrete boat ramp, pier, bulkhead and shed and to
29 construct and maintain 85 LF riprap, 74 LF timber bulkhead and proposed landscape
30 buffers into the City Property as shown on the map entitled: "Exhibit'A', Encroachment for
31 Joanne Renn," prepared by Professional Consultants, LLC, dated June 13, 2016 and
32 revised August 24, 2016, a copy of which is on file in the Department of Public Works and
33 to which reference is made for a more particular description; and
34
35 BE IT FURTHER ORDAINED, that the temporary encroachments are
36 expressly subject to those terms, conditions and criteria contained in the Agreement
37 between the City of Virginia Beach and the Renn Trust (the "Agreement"), which is
38 attached hereto and incorporated by reference; and
39
40 BE IT FURTHER ORDAINED, that the City Manager or his authorized
41 designee is hereby authorized to execute the Agreement; and
42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
43 such time as the Renn Trust and the City Manager or his authorized designee execute the
44 Agreement.
1
45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th
46 day of October , 2016.
CA-13620
R-1
PREPARED: 9/12/16
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
k
PU LIC WORK , REAL EST E DANA IA/// R EY R
9111 1(9 SENIOR CITY ATTORNEY
2
LAKE JOYCE 4. +
N/F Cm OF NROINN BEACH Ni
EX. CONC. RAMP ENCROACHES cp2k 1s7O 80 2438 EX. BULKHEADS ENCROACH MAX.
33.5' INTO CVB PROPERTY 38.2' INTO CVB PROPERTY ,\
V . .. .v:r... PROPOSED 74 LF. BULKHEAD 4' A
M.B.31 PG.53
- 1:00%'''-"--'-''.
;-
SECTION OF EX. ��� :_u__ TURA
CONCRETE BOAT -4a6::-‘0 %- W .,,� *y_W
ey �
EX. PIER (TO REMAIN)I
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RAMP TO BE •:,..o-.O3 W W � W ••,I, � (ENCROACHES 43.5'
- a :e � CA ' ' ' . , INTO CVB PROPERTY)RE k.
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(NO CHANGE ,' / W / UJWW4
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- N
OHW REACHES EX. 0.67' INTO CVB PROPERTY 540 SF \N
i CONC. AND BULKHEAD -,
SF \
' i-U.O.N. TURF (PROPOSED LANDSCAPE
(PROPOSED LANDSCAPE EX. SH'D \N� BUFFER)
BUFFER) °
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Ni
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Ni
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TURF ! LOT 19 N
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160 SF 4433 BLACKBEARD ROAD
(PROPOSED LANDSCAPE z GPIN: 1479 79 5283
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N/F EDWIN SPENCER TRUST V+ ( O
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GPIN: 1479 79 4067 0 2—STORY 0
` BR. & FR. EROSION & SEDIMENT
PROPOSED RIP RAP WILL #4429 TURF °)
in CONTROL LEGEND
ENCROACH MAX. 45.2'
INTO CVB PROPERTY I o I) TEMPORARY TREE
PROTECTION
PROPOSED BULKHEAD WILL I TP STANDARD & SPEC. 3.38
ENCROACH MAX. 37.7' - I I PROPOSED 2,145 SF LANDSCAPE
INTO CVB PROPERTY � ° BUFFER INCLUDES PLANTINGS OF:
o
0
CANOPY TREES:
NCVI-1 QF (5) BALD CYPRESS
C
0� / UNDERSTORY TREES::
' (10) NATCHEZ CREPE MYRTLES
� / Z LOT 18 BLACKBEARD ROAD ., (15) SHRUBS TO BE PLANTED AMONG
0 RICHARD T. BART1ETT D THE TREES AND THROUGHOUT THE
(M.B. .31, PG. 53) BUFFER AREA THAT WILL
Lic. No. 18335 ,. GPIN: 1479 79 4197 ARCHITECTURALLY BLEND WITH THE
AUGUST 24, 2016 ` a SPECIES OF TREES PLANTED
w MISC. GROUND COVER,
OX` ORNAMENTAL GRASSES
� & PERENNIAL PLANTS
Ss/o N A L �� R200' SPECIES MAY VARY DEPENDING ON
A=77.41' = PIN(F) AVAILABILITY AT TIME OF PLANTING
PIN (F)
BUFFER REQ'D: 143'x15'=2,145 SF
0 30' 60' BLACKBEARD ROAD (50') BUFFER PROVIDED: 2,145 SF
REV 8/24/2016
30' EXHIBIT AN — ENCROACHMENT
1"
FOR
ZONING: R-10 JOANNE RENN
ENGINEERING SERVICES PROVIDED BY:
PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC.
PHONE: (757)773-8084 EMAIL: RICKOPCC—LLC.COM JUNE 13, 2016 SHEET 1 OF 1
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PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C)(4)
THIS AGREEMENT, made this day of , 2016, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and the JOANNE MADELINE RENN
LIVING TRUST (the "Renn Trust), ITS HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE, "Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot 18, Section 1, Block 1, Baylake Pines" as shown
on that certain plat entitled: "Subdivision of No. 1, Princess Anne County, Bay Lake
Pines" dated February 1954 and prepared by Frank Tarrall & Associates, which said
plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia in Map Book 31, at page 53 and being further designated, known, and
described as 4429 Blackbeard Road, Virginia Beach, Virginia 23455;
WHEREAS, it is proposed by the Grantee to maintain an existing concrete boat
ramp, pier, bulkhead and shed and to construct and maintain 85 LF riprap, 74 LF timber
bulkhead and proposed landscape buffers into existing City property known as Lake
Joyce and the 25' strip of City property around Lake Joyce, located at the rear of 4429
Blackbeard Road, all of which will be the "Temporary Encroachment", in the City of
Virginia Beach; and
GPIN: 1570-80-2438 (CITY PROPERTY- Lake Joyce/25'Strip of Land)
GPIN 1479-79-4197 (4429 Blackbeard Road)
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of existing City
property known as Lake Joyce (the "Encroachment Area"); and
WHEREAS, the Grantee has requested that the City permit the
Temporary Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT 'A'
ENCROACHMENT FOR JOANNE RENN" prepared by
Professional Consultants, LLC, dated June 13, 2016 and
revised August 24, 2016, a copy of which is attached hereto
as Exhibit "A" and to which reference is made for a more
particular description.
Providing however, nothing herein shall prohibit the City from immediately removing, or
ordering the Grantee to remove, all or any part of the Temporary Encroachment from
the Encroachment Area in the event of an emergency or public necessity, and Grantee
shall bear all costs and expenses of such removal.
2
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that this Encroachment
Agreement does not provide permission to the Grantee to maintain a shed or other
accessory structure on City property or within the rear-yard setback provided by the City
Zoning Code. Also, the Grantee must procure any permits or variances required by law
for the Temporary Encroachments and any other feature shown on the Exhibit to this
Agreement.
3
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee shall
establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width
landward from the shoreline, shall run the entire length of the shoreline, and shall
consist of a mulched planting bed and contain a mixture of understory trees, shrubs and
perennial plants (the "Buffer"). The Buffer shall conform with Exhibit "A" attached to this
agreement. The Grantee shall consult with the Department of Planning and Community
Development on the composition of plants for the Buffer prior to its installation to
confirm plant suitability and acceptance. The Buffer shall not be established during the
months of June, July or August, so that it has the greatest likelihood of survivability.
The Grantee shall notify the Environment and Sustainability Office of the Department of
Planning and Community Development when the buffer is complete and ready for
inspection. An access path, stabilized appropriately to prevent erosion, through the
buffer to the shoreline is allowed.
It is further expressly understood and agreed that the Grantee shall
establish and maintain the "Buffer" of a size and species of the Grantee's choice, as
long as the trees are native trees, to be planted fifteen (15) feet landward of the
bulkhead near the west property line. The Buffer shall not be established during the
months of June, July, or August, so that it has the greatest likelihood of survivability.
Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an
amount equal to the estimated cost of the required Buffer, to the Department of
Planning to insure completion of the required Buffer. The Grantee shall notify the
Department of Planning when the Buffer is complete and ready for inspection; upon
4
satisfactory completion of the Buffer as determined by the City, the bond shall be
released.
It is further expressly understood and agreed that the Grantee must
obtain and keep in effect liability insurance with the City as a named insured in an
amount not less than $500,000, per person injured and property damage per incident,
combined, with the City listed as an additional insured. The company providing the
insurance must be registered and licensed to provide insurance in the Commonwealth
of Virginia. The Grantee will provide endorsements providing at least thirty (30) days
written notice to the City prior to the cancellation or termination of, or material change
to, any of the insurance policies. The Grantee assumes all responsibilities and
liabilities, vested or contingent, with relation to the construction, location, and/or
existence of the Temporary Encroachment.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
5
IN WITNESS WHEREOF, the Renn Trust, the said Grantee, has caused
this Agreement to be executed by its Trustee, Joanne Madeline Renn. Further, that the
City of Virginia Beach has caused this Agreement to be executed in its name and on its
behalf by its City Manager and its seal be hereunto affixed and attested by its City
Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
6
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2016, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2016, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number: _
My Commission Expires:
7
JOANNE MADELINE/, RENN LIVING TRUST
By a,i' .,��(a& A.4. �L
nne Madeline Renn, Trustee
STATE OF �,�
CITY/COUNTY OF 24-1,64.4) '`& ' , to-wit:
The foregoing instrument was acknowledged before me this o day of
6761e ) , 2016 by Joanne Madeline Renn, Trustee of the Joanne Madeline
Renn Living Trust.
C144),,,t' O (SEAL)
Notary Public
Elaine Aird ►
Notary Registration Number: 31' 'I NOTARY PUBLIC
Commonwealth
of Virginia A
Reg. #367008
�/3 I I 1 My Commission Expires Oct 31,2017 1
My Commission Expires:
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFI CY AND FORM
SIGNATURE 9 21 \`gi (3 DANA R. . AR ' EY
SENIOR CITY ATTORNEY
� C. W �)U� • •'I al a
DEPARTMENT
8
LAKE JOYCE R
N/F CRY OF VIRGINIA BEACH `,
EX. CONC. RAMP ENCROACHES GPIN: 1570 8O 2438 EX. BULKHEADS ENCROACH MAX.
33.5' INTO CVB PROPERTY P,i.. 38.2' INTO CVB PROPERTY ,\
F c e~-e -e~- I
t, •• 0%e=v=r-• PROPOSED 74 LF. BULKHEAD 4' s'
65 ice. �._ O,� m- M.B.37 PC.53
erg erg if-v�'��
SECTION OF EX. i a0oCo?' • *TURF'
CONCRETE MC 4ZOP�� i W = - * By EX. PIER (TO REMAIN)
RAMP TO BE r'...-. W W \ (ENCROACHES 43.5'
REPAIRED •rie W I' W W W ;.�� INTO CVB PROPERTY)
(NO CHANGE i q .W ' 01 J ' .. y
�,��" f W W
F.,
; Cm a VE RIMA BEACH.` 2 Qiµ GPM: 1570 BO 2430 TURF\' W W\
- c\ W 24' MAGNOLIA ,-1 -__\ * W F
0� �y3 �� \ ' .130 K
�O W O� P� tiFq
Cl-
80\-\K"/ i TURF GP��p FR TURF N N N \�W 0 ,
5 EX. SHED ENCROACHES N N
- OHW REACHES EX. Y 0.67' INTO CVB PROPERTY540 SF \N
CONC. AND BULKHEAD \
U.O.N. TURF 1,445 SF (PROPOSED LANDSCAPE
i
.-'' (PROPOSED LANDSCAPE EX. SH'D \, BUFFER)
7 BUFFER)
7 N
77
i CONC. BOAT RAMP
N
i o W N
7N
7
7
i N
7 TURF ! LOT 19 N
{ N/F MARILYN MITCHELL RLT \
160 SF 4433 BLACKBEARD ROAD
(PROPOSED LANDSCAPE z GPIN: 1479 79 5283
BUFFER) TURF C.4
Z /---- o 0
LOT 17 e, I ` o
N/F EDWIN SPENCER TRUST ;'
4425 BLACKBEARD ROAD �a
GPIN: 1479 79 4067 - 2-STORY w
BR. & FR. EROSION & SEDIMENT
PROPOSED RIP RAP WILL #4429 TURF0
Z-,,' CONTROL LEGEND
ENCROACH MAX. 45.2'
INTO CVB PROPERTY I I - o () TEMPORARY TREE
PROTECTION
TP STANDARD & SPEC. 3.38
PROPOSED BULKHEAD WILL
ENCROACH MAX. 37.7' I I PROPOSED 2,145 SF LANDSCAPE
INTO CVB PROPERTY -. BUFFER INCLUDES PLANTINGS OF:
b °
0
CANOPY TREES:
_c PCT H OF (5) BALD CYPRESS
e / UNDERSTORY TREES:
(10) NATCHEZ CREPE MYRTLES
12-‘1.j .1 LOT 18 BLACKBEARD ROAD d ° e (15) SHRUBS TO BE PLANTED AMONG
0 RICHARD T. BARTLETT > THE TREES AND THROUGHOUT THE
(M.B. 31, PG. 53) BUFFER AREA THAT WILL
Lic. No. 18335 . GRIN: 1479 79 4197 • ARCHITECTURALLY BLEND WITH THE
"0 AUGUST 24, 2016 a' SPECIES OF TREES PLANTED
MISC. GROUND COVER,
0 (Q ORNAMENTAL GRASSES
FS c)\ & PERENNIAL PLANTS
s/°N A L A=77.41' R=200' SPECIES MAY VARY DEPENDING ON
PIN(F) AVAILABILITY AT TIME OF PLANTING
PIN (F)
BUFFER REQ'D: 143'x15'=2,145 SF
0 30'
' 60'
' BLACKBEARD ROAD (50') BUFFER PROVIDED: 2,145 SF
LIM' REV 8/24/2016
EXHIBIT "A" — ENCROACHMENT
1" = 30'
FOR
ZONING: R-10 JOANNE RENN
ENGINEERING SERVICES PROVIDED BY:
PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC.
PHONE: (757)773-8084 EMAIL: RICKOPCC-LLC.CGN JUNE 13, 2016 SHEET 1 OF 1
65
Item—VII-K.7a
ORDINANCES/RESOLUTIONS
ITEM#66400
Barbara Messner spoke in OPPOSITION as it seems this transfer of funds is also tied to the Arena.
Upon motion by Councilman Uhrin, seconded by Council Lady Ross-Hammond, City Council
ADOPTED, Ordinances to:
a. APPROPRIATE $706,385 from the Fund Balance of the
Tourism Advertising Program Special Revenue Fund for
marketing activities to promote tourism, conventions and amateur
sports competition
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, William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Abstaining:
None
Council Members Absent:
None
October 4, 2016
1 AN ORDINANCE TO APPROPRIATE $706,385 FROM
2 THE FUND BALANCE OF THE TOURISM ADVERTISING
3 PROGRAM SPECIAL REVENUE FUND FOR
4 MARKETING ACTIVITIES
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 $706,385 is hereby appropriated, with specific fund reserves increased
10 accordingly, from the fund balance of the Tourism Advertising Program Special
11 Revenue Fund To the Convention and Visitor's Bureau's FY 2016-17 Operating Budget
12 for various marketing projects to promote the City as a year-round destination and for
13 marking sponsorship opportunities associated with U.S. Travel Association's IPW 2017
14 event
Adopted by the Council of the City of Virginia Beach, Virginia on the 4th
day of October 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
,ac` - 7,./ (e'A
David Bradley Roderick Ingram
Budget and Management Se ices City Attorney's Office
CA13645
R-2
September 23, 2016
66
Item-VII-K.7b
ORDINANCES/RESOLUTIONS
ITEM#66401
Reid Greenmun spoke in OPPOSITION as this money could be spent more wisely since the City does not
have enough Police Officers and Teachers are underpaid. The City Council should be focusing on the
core functions of government and stop trying to be "super developers".
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED,
Ordinance:
b. TRANSFER $354,851 within the FY2016-17 Operating Budget of the
Convention and Visitor's Bureau and AUTHORIZE full-time
employees
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
October 4, 2016
1 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE
2 FY 2016-17 OPERATING BUDGET OF THE
3 CONVENTION AND VISITOR'S BUREAU AND TO
4 AUTHORIZE SEVEN NEW FTES
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 1. Five FTEs are hereby established in the Convention and Visitor's Bureau FY
10 2016-17 Operating Budget, and the funding for such FTEs shall be provided by a
11 transfer of $306,683 from the Tourism Advertising Special Revenue Fund;
12
13 2. Two FTEs are hereby established in the Convention and Visitor's Bureau FY
14 2016-17 Operating Budget, and the funding for such FTEs shall be provided by a
15 transfer of $48,168 from the Tourism Investment Program Special Revenue Fund; and
16
17 3. Section 1, above, shall be effective immediately; and
18
19 4. Section 2, above, shall be effective April 1, 2017.
Adopted by the Council of the City of Virginia Beach, Virginia on the 4th
day of October 2016.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
1dU(-51) P.or,6/4.A
David Bradley Roderick Ingram
Budget and Management Services City Attorney's Office
CA13647
R-1
September 23, 2016
67
Item-VII-K.7c
ORDINANCES/RESOLUTIONS
ITEM#66402
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance:
c. ACCEPT/APPROPRIATE$740,195 from the Virginia Department of
Behavioral Health I Developmental Services within the Department of
Human Services to ESTABLISH a permanent Supportive Housing
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
October 4, 2016
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE
2 FUNDS FROM THE VIRGINIA DEPARTMENT OF
3 BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
4 WITHIN THE DEPARTMENT OF HUMAN SERVICES TO
5 ESTABLISH A PERMANENT SUPPORTIVE HOUSING
6 PROGRAM
7
8 WHEREAS, the Virginia Department of Behavioral Health Services (DBHDS) has
9 awarded the Virginia Beach Human Services Department an additional $740,195 in
10 ongoing state funding as part of the annual DBHDS Performance Contract to establish a
11 Permanent Supportive Housing Program for very low income adults with serious mental
12 illness, and is not requiring a local funding match.
13
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA THAT:
16
17 (1) $740,195 is hereby accepted from the DBHDS and appropriated,with estimated
18 state revenues increased accordingly, to the FY 2016-17 Operating Budget of
19 the Department of Human Services to implement a Permanent Supportive
20 Housing program including start-up costs; and
21
22 (2) One additional full-time equivalent Clinician position and one part-time Clinician
23 position totaling 1.5 FTEs are authorized in the FY 2016-17 Operating Budget of
24 the Department of Human Services to serve in the new Permanent Supportive
25 Housing program, and the FTEs authorized herein shall be contingent upon the
26 continued state funding.
Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day
of October 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Cv'l `Z �Sc�
David Bradley lana armeyer
Budget and Management Services City Attorney's Office
CA13638
R-3
September 27, 2016
68
Item-VII-7d
ORDINANCES/RESOLUTIONS
ITEM#66403
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance:
d. APPROPRIATE $140,000 from the Fund Balance of the
Commonwealth's Attorney's Federal and State Seized Assets Special
Revenue Fund to purchase a replacement Case Management system; and
TRANSFER$225,000 within their FY 2016-17 Operating Budget
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
October 4, 2016
1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE
2 FUND BALANCE OF THE COMMONWEALTH ATTORNEY'S
3 FEDERAL AND STATE SEIZED ASSETS SPECIAL
4 REVENUE FUND AND TO TRANSFER FUNDS WITHIN THE
5 FY 2016-17 OPERATING BUDGET OF THE OFFICE OF THE
6 COMMONWEALTH ATTORNEY TO PURCHASE A
7 REPLACEMENT CASE MANAGEMENT SYSTEM
8
9 WHEREAS, the existing case management system in the Office of the
10 Commonwealth Attorney requires replacement as it lacks the functionality required to
11 efficiently manage the prosecutorial caseload as well as perform data queries and analysis
12 of prosecutorial caseload data contained in the database.
13
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA THAT:
16
17 (1) $140,000 from the fund balance of the Commonwealth Attorney's Federal and State
18 Seized Assets Special Revenue Fund is hereby appropriated, with estimated
19 revenue increased accordingly, to partially fund the replacement of the case
20 management system; and
21 (2) $225,000 is hereby transferred with the FY 2016-17 Operating Budget of the
22 Commonwealth Attorney to fund the balance of the cost to replace the case
23 management system.
Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day
of October 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
David Bradley Roderick Ingram
Budget and Management Services City Attorney's Office
CA13637
R-1
September 20, 2016
69
Item -VII-7e
ORDINANCES/RESOLUTIONS
ITEM#66404
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance:
e. ACCEPT/APPROPRIATE a $12,375 Grant to replace dive equipment
for the Police Marine Patrol
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
October 4, 2016
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
2 FUNDS FOR THE REPLACEMENT OF DIVE EQUIPMENT
3 FOR POLICE MARINE PATROL OFFICERS
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA THAT:
6 1. $12,375 is hereby accepted from the Department of Homeland Security and
7 appropriated, with estimated federal revenues increased accordingly, to the FY
8 2016-17 Operating Budget of the Police Department to purchase public safety dive
9 equipment to support public safety diving operations;
10
11 2. The equipment purchased with these grant funds is not guaranteed to be replaced
12 by the City of Virginia Beach.
Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day
of October 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
,t) / 7;;IP/14
Cj ^
David Bradley Roderick Ingram
Management Services City Attorney's Office
CA13639
R-1
September 2.1, 2016
70
Item -VII-7f
ORDINANCES/RESOLUTIONS
ITEM#66405
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance:
f. ACCEPT/APPROPRIATE a $1,418,582 Grant from the Federal
Emergency Management Agency (FEMA)for the Virginia Task Force 2
Urban Search and Rescue 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
October 4, 2016
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 GRANT FUNDS FROM FEDERAL EMERGENCY
3 MANAGEMNT AGENCY FOR THE CONTINUED
4 OPERATION OF THE VIRGINIA TASK FORCE 2
5 URBAN SEARCH AND RESCUE TEAM
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA, THAT:
9
10 1. $1,418,582 is hereby accepted from the U.S. Department of Homeland Security,
11 Federal Emergency Management Agency, and appropriated, with federal
12 revenues increased accordingly, to the FY 2016-17 Operating Budget of the Fire
13 Department for the FY2016-17/2017-18 Cooperative Agreement Grant that
14 continues operation of the Virginia Task Force 2 Urban Search and Rescue
15 Team; and
16
17 2. That 2.25 FTE of current grant-funded positions are hereby approved for duration
18 of the grant expenditure period and conditioned upon continued grant funding.
OcAto dgptedr by the Council of the City of Virginia Beach, Virginia on the 4th day
of e , 2016.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL
SUFFICIENCY
.)q
juz_Th
6,0(;,/,(W
David Bradley Roderick Ingram 2
Management Services City Attorney's Office
CA13640
R-1
September 21, 2016
71
Item—VII-L
PLANNING ITEM#66406
1. ALDI(N.C.) CONDITONAL CHANGE OF
ZONING
2. TELXIUS CABLE USA,INC. CONDITIONAL USE PERMIT
3. THOMAS WILDER CONDITIONAL USE PERMIT
ITEM#1 WILL BE CONSIDERED SEPARATELY
COUNCILMAN DAVENPORT; VICE MAYOR JONES AND MAYOR SESSOMS WILL ABSTAIN
ON ITEM#1
October 4, 2016
72
Item-VII-L
PLANNING ITEM#66407
Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council APPROVED, BY
CONSENT:Item 2 and 3 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
October 4, 2016
73
Item—VII-L.1
PLANNING ITEM#66408
R.J. Nutter, Attorney for the Applicant advised the property is unique as it is zoned R-15 and currently
has a Conditional Use Permit for a church that has been in place since 1950 with an addition in 1963.
The `footprint"of Aldi's will be much smaller than that of the Church. The church has attempted to sell
their property but has been unsuccessful until now. The store has only 11,000 square foot of retail area
and is 1/3 of the size of most commercial grocery stores in the City. The traffic will not increase with any
great number and the adjacent neighbors are all in SUPPORT. The Applicant has met with those parties
that are opposed and tried to address those concerns. This property is located in between two major
shopping centers. In an attempt to address concerns, the Applicant has agreed to large buffers and will
have a bike cart to encourage customers to bike and not drive. The road counts are the same as Holland,
Kempsville, Rosemont and Great Neck Roads. The store will not attract customers that are not located in
the corridor.
Les Watson,Attorney, withdrew his name.
Mark Boyd, 1700 Willow Lawn Drive, Suite 200, Richmond, VA , Phone: 804-672-4706 and Carroll
Collins, 4500 Main Street, Engineers for this project are available for questions.
Cher Wynkoop, 1559 Quail Point Road, Phone: 675-5581 spoke in OPPOSITION. Ms. Wynkoop feels
this is a "spot rezoning" and does not fall within the City's Comprehensive Plan. This corridor is
designated as a "medical corridor" and this box-store is inconsistent. This corridor is suffering from
heavy traffic and this is not a compatible use. The residents are concerned with what is to come in the
future.
O.E. Burke spoke in SUPPORT. Mr. Burke lives in the Corridor and is the President of Freedom
Investment headquartered adjacent to the property. From day one in meeting with Aldi, he was
impressed. Mr. Burke feels the Corridor needs to be re-evaluated and this will result in alleviating some
of the traffic.
Alex Perecko spoke in SUPPORT. Mrs. Perecko advised she owns the property right behind the
applicant and appreciates the time and effort Aldi took in addressing her concerns. This is not a typical
grocery store. It caters to a more grab-and-go specialty shop.
George Okty, 1030 Colonial Meadows, Phone: 251-8905 spoke in OPPOSITION. Mr. Okty is the
President of South Hall Corridor Civic League. Mr. Okty advised the 170- unit community is directly
across from the development. The traffic will not be addressed by this applicant and feels this is
"reactive zoning" being conducted by the City. The City has failed to properly and adequately address
the issues the Corridor is facing. The Planning Commission failed to address many issues. The traffic
congestion continues to be a problem in the Corridor and is not being addressed. The road is 30%over
capacity and that is not acceptable to the residents of the Corridor. Until the Comprehensive Plan is
complied with, there should not be any "spot rezoning"requests approved.
Mary Jo. Lascara, 1605 Shadblow Court, Phone: 288-6713 spoke in OPPOSITION. Ms. Lascara advised
when an ambulance comes through the Corridor, the street lights are "tripped"and the traffic congestion
only increases with each ambulance coming down the Corridor.
Charles Arrants, 1565 Quail Point Road, Phone: 620-2477 did not respond
October 4, 2016
74
Item—VII-L.1
PLANNING ITEM#66408
(Continued)
Richard Eitel, 1712 Royal Cove Court, Phone: 481-6243, spoke in OPPOSITION. Mr. Eitel is President
of the Royal Court Condominium Association. The Planning Staff's recommendation is "weak, at best",
defies simply logic and conflicts with itself. This Corridor is identified as "medical"and this store is not
compatible. The Staff's recommendation acknowledges this application is not compatible with the
corridor.
Bill Baggett, spoke in OPPOSITION. This is identified as a "medical" corridor and this grocery store is
not a compatible use for the Corridor and should not be approved.
Mari Bicksler spoke in OPPOSITION. Ms. Bicksler visited a few of the local Aldi's stores and was
disappointed with the quality of products. She does not feel this is a compatible use and will only
increase the traffic in this highly congested corridor.
R.J. Nutter, Attorney for Applicant, spoke in rebuttal advising the Comprehensive Plan states the
"priority use in this Corridor should be Medical". The new Princess Anne Hospital has consumed a lot
of medical practices that were once located in this Corridor and that is why there are a large amount of
vacancies in the Corridor.
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council APPROVED AS
PROFFERED, Ordinance upon application of ALDI(N.C.)LLC I THREE FIVE MINISTRIES,INC.,
Conditional Change of Zoning from R-15 Residential District to Conditional B-2 Community Business
District for a grocery store at 929 First Colonial Road (Deferred August 16, 2016) DISTRICT 5 -
LYNNHAVEN
IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of ALDI (NC.) LLC I THREE FIVE
MINISTRIES, INC., Conditional Change of Zoning from R-15
Residential District to Conditional B-2 Community Business District for
a grocery store at 929 First Colonial Road (Deferred August 16, 2016)
(GPIN 2408605805)DISTRICT 5-LYNNHAVEN
The following condition shall be required:
An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourth day of October, Two
Thousand Sixteen.
October 4, 2016
75
Item—VII-L.1
PLANNING ITEM#66408
(Continued)
Voting: 6-2
Council Members Voting Aye:
Robert M. Dyer, Shannon DS Kane, Amelia N. Ross-Hammond, John
E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Barbara M. Henley
John D. Moss
Council Members Abstaining:
M. Benjamin Davenport
Vice Mayor Louis R. Jones
Mayor William D. Sessoms,Jr.
Council Members Absent:
None
October 4, 2016
e / ►aL CITY OF VIRGINIA BEACH
y / * INTER-OFFICE CORRESPONDENCE
y " aY!L1 015.E 2
4-S v..,, Q..,,,yk
�'" S
O,c OUR Ni>,O°
In Reply Refer To Our File No. DF-9554
DATE: September 23, 2016
TO: Mark D. Stiles DEPT: City Attorney
FROM: B. Kay Wilson''64- DEPT: City Attorney
RE: Conditional Zoning Application; Aldi (N.C) LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on October 4, 2016. I have reviewed the subject proffer agreement, dated
February 29, 2016 and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ka
Enclosure
cc: Nancy Bloom
Document Prepared By:
Troutman Sanders LLP
222 Central Park Avenue,Suite 2000
Virginia Beach,VA 23462
AGREEMENT
THIS AGREEMENT (this "Agreement"), made this eg day rt.bro , 2016, by and between ALDI (N.C.) LLC, a North Carolina limited
liability company ("Aldi", to be indexed as grantor); THREE FIVE MINISTRIES, INC., a
Virginia non-stock corporation (the "Church", to be indexed as grantor); (Aldi and the Church
hereinafter referred to collectively as the "Grantors") and the CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the
"Grantee", and to be indexed as grantee).
WITNESSETH:
WHEREAS, the Church is the current owner of that certain parcel located in the City of
Virginia Beach, Virginia, identified by GPIN No. 2408-60-5805-0000, as more particularly
described in Exhibit A attached hereto and incorporated herein by reference (the "Property");
and
WHEREAS, Aldi is the contract purchaser of the Property; and
WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification
of the Property from R-15 to Conditional B-2; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including mixed-use purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses
conflict, and that in order to peiiiiit differing uses on and in the area of the subject Property and
at the same time to recognize the effects of the change and the need for various types of uses,
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned Conditional B-2 are needed
to cope with the situation to which the Grantor's rezoning application gives rise; and
WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior
to the public hearing before the Grantee, as part of the proposed conditional amendment to the
Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the
existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the
physical development, operation and use of the Property to be adopted as a part of said
amendment to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which is generated by the rezoning; and
GPIN No. 2408-60-5805-0000
28005943v2
WHEREAS, said conditions having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record
owner of the subject Property at the time of recordation of such instrument; provided, further,
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees,
and other successors in title or interest, voluntarily and without any requirement by or exaction
from the Grantee or its governing body and without any element of compulsion of quid pro quo
for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the
following declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property and hereby covenants and agrees that these
proffers (collectively, the "Proffers") shall constitute covenants running with the said Property,
which shall be binding upon the Property and upon all parties and persons claiming under or
through the Grantors, their heirs, personal representatives, assigns, grantees and other successors
in interest or title, namely:
1. When developed, the Property shall be developed in substantial conformity with
the conceptual site plan entitled "ALDI INC. HILLTOP CHURCH", dated February 23, 2016,
and prepared by Kimley-Horn and Associates, Inc. (the "Concept Plan"), a copy of which has
been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning.
2. The architectural style and quality of materials used for the grocery store to be
constructed on the Property, when constructed, will be in substantial conformity with the exhibit
entitled "Exterior Elevations", and prepared by MS Consultants, Inc. (the "Exterior Elevations")
a copy of which has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning.
3. The following uses will be prohibited on the Property: newspaper printing and
publishing;job and commercial printing; repair and sales for radio and television; small wireless
facilities; wholesaling and distribution operations; automobile museums; automobile repair
garages and small engine repair facilities; automobile service stations; bars or nightclubs; body
piercing establishments; borrow pit; bulk storage yards and building contractor yards; fiber
28005943v2 2
optics trans mission facilities; mini-warehouses; mobile home sales; passenger transportation
teimiinals; tattoo parlors; drive-through facilities; and liquor stores.
4. Further conditions lawfully imposed by applicable development ordinances may be
required by the Grantee during detailed site plan and/or subdivision review and administration of
applicable City Codes by all cognizant City agencies and departments to meet all applicable City
Code requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia
Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of
the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Department
of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee.
[Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.]
28005943v2 3
IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the
date first written above.
GRANTOR:
ALDI (N.C.) LLC, a North Carolina limited
liability company:
By: �;.
7
Title -7-,r—
STATE/C-430F 6,44
CITY/COUNTY OF ,to-wit:
The foregoing instrument was sworn to and acknowledged before me this oe494lay of
2t , 2016, by jeaff Or4e , on behalf of Aldi (N.C.) LLC.
He/� is/either personally known to me of has produced /1f,} as
identification.
Witness my hand and official stamp or seal this 0,?g4ay of1,/,4 ,2016.
•
�i/ - „,—
Notary Publi•1/ (SEAL)
My Commission Expires: 0P-g-aL/F
1CHELLE R CODDINGTON
Registration Number: aDUgQ`3$0O094 N NOTARY
DEU.PUBUCOUNTC
STATE OF NORTH CAROLINA
28005943v1 4
IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the
date first written above.
GRANTOR:
THREE FIVE MINISTRIES, INC., a Virginia
non-stock corporation
By:
Title r
STATE/COMMONWEALTH OF \.05;
n�a.
CITY/COUNTY OF i'm,A>a,, ESsiNch ,to-wit:
The foregoing instrument was sworn to and acknowledged before me this9.011-k day of
> \ , 2016, b • S,Sro 3h Q ' .- on behalf of Three Five Ministries,
Inc. He/she is either personally known o m or has produced .\1 t‘eiLlas
identification.
Witness my hand and official stamp or seal this c ( 'day of ` t"\ ,2016.
OUNOA.4‘,
Notary Public (SEAL)
My Expires: �J\ �cl ti' = �S
Commission Notary Public
Reg#285983
Registration Number: acts.; 3 S Commonwea6th o�V' iris ti
My Commission Expires _ ,
28005943v2 5
EXHIBIT A
Legal Description of the Property
ALL THAT certain lot, piece or parcel or land situate in the City of Virginia Beach (formerly
Princess Anne County), Virginia, and being bounded and described as follows:
Beginning at a point on the west side of Mill Dam road (State Route 615), which said point is
513.02 feet of the northwest corner of the intersection of Wolfsnare Road and Mill Dam Road
and from said point running South 76° 09' West 579.67 feet to a pin; thence running North 26°
58' 33" West 72.87 feet to a pin; thence running North 2° 40' 56" West 106.99 feet to a pin;
thence running North 18° 49' 53" East 100.82 feet to a pin; thence running North 76° 54' East
542.63 feet to an old pipe in the west side of Mill Dam Road; thence running South 9° 00' East
254.60 feet to the point of beginning, and containing 3.46 acres.
TOGETHER with concurrent easement for ingress and egress dated June 6, 1979 and recorded
November 21, 1979 in Deed Book 1964, Page 716 and shown on Map Book 137, page 35 in the
Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia and described as
follows:
ALL THAT certain piece or parcel of land situate in the City of Virginia Beach, Virginia,
bounded and described as follows:
BEGINNING at a point on the West side of First Colonial Road a distance of 21.07 feet south of
the northeast corner of the Property of First Colonial Medical and Professional Buildings, and
from said point running South 76° 09' West a distance 210.55 feet to a point; thence running
North 13° 51' East a distance of 31 feet to a point; thence running South 13° 51' East a distance
of 31 feet to a point; thence running North 76° 09' East a distance of 234.85 feet to a point on the
West side of First Colonial Road; thence running North 09° West a distance of 20.07 feet along
the West side of First Colonial Road to the point of beginning.
TOGETHER with a cross sewer easement agreement dated May 16, 1983 and recorded July 15,
1983 in Deed Book 2269, page 1574.
LESS AND EXCEPT that certain parcel of land conveyed to Commonwealth of Virginia by
deed dated August 7, 1984 and recorded August 13, 1984 in Deed Book 2354, page 354 in the
aforesaid Clerk's Office.
IT BEING the same property conveyed to Robert Jones and Len Pallett, Trustees of the Church
at Virginia Beach by deed from Robert Jones and Len Pallett, Trustees of First Colonial Baptist
Church, dated December 3rd, 2002 and duly recorded January 10th, 2003 in the aforesaid Clerk's
Office as instrument number 20030110000050370.
28005943v2 6
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City of Virginia Beach
� 2
OF OUR oto"
VBgov.com
M.BENJAMIN DAVENPORT
COUNCILMAN PHONE (757)425-6611
AT LARGE BDAVENPO@VBGOV.COM
Refer to File No. 0059039
October 4, 2016
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Fraser:
Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(F), Code of Virginia,
I make the following declarations:
1. I am executing this disclosure regarding City Council's discussion and vote on the
application of Aldi LLC for a conditional change on zoning for property owned
by Three Five Ministries, Inc. and located at 929 First Colonial Road.
2. If Aldi does not move forward with this project at this location, Davenport
Management Company may have an interest in acquiring the land that is the
subject of this transaction.
3. I have a personal interest in Davenport Management Company, which is located
at 1604 Hilltop West Executive Center Suite 305, Virginia Beach, VA 23451.
4. I wish to disclose this interest and will abstain from voting on this matter.
I respectfully request that you record this declaration in the official records of City
Council. Thank you for your assistance in this matter.
Sincerel
1
M. - Davenport
Councilmember
MBD/RRI
1604 WEST HILLTOP EXEC CENTER#305,VIRGINIA BEACH,VIRGINIA 23451
tz, X14G Iu t _ 5 City of Virgiriia 1 ;each
o.99Fs e<c,
OF 0. NAT‘ON�
LOUIS R.JONES PHONE: (757)583-0177
VICE MAYOR FAX (757)588-4659
Refer to File No. 0059036
October 4, 2016
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Fraser:
Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(F), Code of Virginia,
I make the following declarations:
1. I am executing this disclosure regarding City Council's discussion and vote on the
application of Aldi LLC for a conditional change on zoning for property owned
by Three Five Ministries, Inc. and located at 929 First Colonial Road.
2. I have been in discussions with the applicant regarding the potential sale of
property I own at a different location.
3. I have chosen to abstain from voting on this item.
I respectfully request that you record this declaration in the official records of City
Council. Thank you for your assistance in this matter.
Sincerely,
*e<t,4a
1551111 .
Louis R. Jo s
Vice Mayor
LJR/RRI
1008 WITCH POINT TRAIL,VIRGINIA BEACH,VA 23455-5645
City of Vir irzi i I beach
OF OUR NA�1�N
VBgov.com
WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER
MAYOR BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VA 23456-9000
In Reply Refer to 0059035 (757)385-4581
P Y FAX(757)385-5699
wsessoms@vbgov.com
October 4, 2016
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Dear Mrs. Fraser:
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 Aldi LLC (applicant) for a conditional change on
zoning for property owned by Three Five Ministries, Inc. and located at 929 First
Colonial Road.
2. The property owner has disclosed that TowneBank is one of its financial services
providers.
3. I have a personal interest in TowneBank, which is located at 600 22nd Street in
Virginia Beach, and I will abstain from voting on this matter.
Please record this declaration in the official records of City Council. Thank you for your
assistance.
Sincerely,
(()/
William D. Sessoms
Mayor
WDS/RRI
76
Item—VII-L.2
PLANNING ITEM#66409
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED and
CONDITIONED, BY CONSENT, Ordinance upon application of TELXIUS CABLE USA, INC. /
CITY OF VIRGINIA BEACH Conditional Use Permit re Fiber Optics Transmission, East of
Corporate Landing Parkway and West of General Booth Boulevard DISTRICT 7—PRINCESS ANNE
IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of TELXIUS CABLE USA, INC./CITY
OF VIRGINIA BEACH Conditional Use Permit re Fiber Optics
Transmission, East of Corporate Landing Parkway and West of
General Booth Boulevard (GPIN 2415228593) DISTRICT 7 —
PRINCESS ANNE
The following conditions shall be required:
1. With the exception of any modifications required by any of these conditions,
the recorded Proffers associated with the site or requests of the Virginia
Beach Development Authority, the site shall be developed and maintained in
substantial conformance with the submitted Site Layout entitled,
"TELEFONICA — TELECOM BUILDING CONCEPTUAL SITE PLAN, "
dated August 23, 2016, and prepared by Timmons group. Said plan has been
exhibited to the Virginia Beach City Council and is on file with the Planning
Department.
2. With the exception of any modifications required by any of these conditions,
the recorded Proffers associated with the site or requests of the Virginia
Beach Development Authority, the design and exterior building materials
shall be in substantial conformance with the submitted building elevations
entitled, "TELECOM BUILDING SUBMARINE CABLE LANDING
STATION SHEET No. A-31 and No. A-32", dated July, 2016 and prepared
by Quest Construction Engineering. Said elevations have been exhibited to
the Virginia Beach City Council and are on file with the Planning
Department.
3. Prior to final Site Plan approval, a Landscape Plan reflective of the plant
material depicted on the submitted Landscape Plan entitled, "TELEFONICA
— TELECOM BUILDING CONCEPTUAL PLANTING PLAN", dated
September 8, 2016 and prepared by Timmons Group, shall be submitted for
review and approval by the Development Services Center Landscape
Architect.
4. The Site Layout, Building Elevations and Landscape Plans referenced in
Conditions No. 1, 2 and 3 above shall be submitted and approved by the
Virginia Beach Development Authority for consistency with the Corporate
Landing Design Criteria prior to final Site Plan approval.
5. A Photometric Plan shall be submitted during the Site Plan review process to
ensure that all lighting on the site be shielded and directed downward to
limit the amount of overspill outside the property's boundary.
6. Prior to final Site Plan approval, an Ingress/Egress Easement shall be
depicted and recorded on the final Plat.
October 4, 2016
77
Item—VII-L.2
PLANNING ITEM#66409
(Continued)
7. A schedule listing the times that the proposed generator onsite is operated
for routine maintenance shall be submitted and approved by the Virginia
Beach Development Authority.
8. No trucks shall park, idle or be stored in front of the building.
9. When not being used, the "Free-Standing Scissor Lift" shall remain
recessed.
10. If and when the site is accessed from the proposed sixty (60)foot right-of-
way, referred to as Craft Lane, and depicted on the Site Layout, the truck
turn area shall be closed and replaced with either turf grass or other
plantings approved by the Development Services Center Landscape
Architect.
11. Any freestanding sign shall be monument style with a brick base that matches
the building and shall be no taller than eight (8)feet as measured from the
ground to the top of the sign. Said sign shall not be a "box sign," but rather
be either externally lit or constructed of raceway-mounted channel letters
with L.E.D. illumination. Said sign shall be approved by the Zoning Division
of the Department of Planning and Community Development and the
Virginia Beach Development Authority for consistency with the Corporate
Landing Design Criteria.
12. No other equipment besides that already listed on the Site Layout referenced
in Condition No. 1 shall be stored outside.
13. The condensers shall be screened from view from any rights-of-way with an
eight (8)foot brick wall to match the color scheme of the building. The
condensers shall be screened from view from the property to the East by the
installation of Category I screening, the length of the condensers parallel to
the Eastern property line or with other plant material deemed acceptable to
the Development Services Center's Landscape Architect.
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, Fourth day of October, Two
Thousand Sixteen.
October 4, 2016
78
Item—VII-L.2
PLANNING ITEM#66409
(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
October 4, 2016
1.
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Item—VII-L.3
PLANNING ITEM#66410
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED and
CONDITIONED, BY CONSENT, Ordinance upon application of THOMAS WILDER / JUAN
SUAREZ/ ARCH DIXON / JALALADIN MANSOURZADEH Conditional Use Permit re a Craft
Brewery at 2505 Horse Pasture Road(Deferred September 6, 2016) DISTRICT 3—ROSE HALL
IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of THOMAS WILDER/JUAN SUAREZ/
ARCH DIXON / JALALADIN MANSOURZADEH Conditional Use
Permit re a Craft Brewery at 2505 Horse Pasture Road (Deferred
September 6, 2016) (GPIN 1495857045)DISTRICT 3—ROSE HALL
The following conditions shall be required:
1. With the exception of any modifications required by any of these conditions,
the site shall be developed and maintained in conformance with the submitted
Site Layout. Said plan has been exhibited to the Virginia Beach City Council
and is on file with the Planning Department.
2. The occupancy load for the Craft Brewery shall be established by the City of
Virginia Beach Building Official's Office.
3. A Certificate of Occupancy shall be obtained prior to operation of the Craft
Brewery.
3. Any conditions associated with the license issued by the Virginia Alcoholic
Beverage Control Board shall be incorporated as conditions with this
Conditional Use Permit.
4. There shall be no sale or consumption of alcoholic beverages on the premises
between midnight and 10:00 AM
6. Live music shall be prohibited on the site.
7. No food trucks shall be permitted to operate on the premises.
8. Regardless of the Site Layout submitted by the applicant with this request,
there shall be no outdoor seating areas permitted on the site.
9. All signage onsite shall meet the requirements of the City Zoning Ordinance.
There shall be no neon or electronic display signs or accents installed on any
wall area of the exterior of the building, in or on the windows or on the doors.
A separate Sign Permit from the Planning Department shall be required for
the installation of any signage.
10. A complete plumbing fixture count, by type, and the proposed additional
process water demand shall be submitted to the Department of Public Utilities
to ensure that the existing water meter is capable of meeting an increased
peak water demand.
October 4, 2016
80
Item—VII-L.3
PLANNING ITEM#66410
(Continued)
11. Regardless of the Floor Plan submitted by the applicant with this request and
consistent with the Navy Restrictive Easement, auxiliary function retail sales
in association with the Brewery shall not exceed ten (10)percent of the gross
building area of the space occupied by the Brewery.
12. The "Copper Art Workshop" area identified on the Floor Plan submitted by
the applicant with this request shall be used only for the manufacturing of
goods and shall be closed to the general public.
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 Fourth day of October, Two
Thousand Sixteen.
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
October 4, 2016
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81
ITEM VII-M
APPOINTMENTS ITEM#66411
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
AGRICULTURAL ADVISORY COMMISSION
PERSONNEL BOARD
TOWING ADVISORY BOARD
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
October 4, 2016
82
ITEM VII-M
APPOINTMENTS ITEM#66412
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
JULIE SEARCY
Unexpired term through 03/31/2017
plus three years through 03/31/2020
CLEAN COMMUNITY 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
October 4, 2016
83
ITEM VII-M
APPOINTMENTS ITEM#66413
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
DEBBI BRIGHT
KIMBERLE RIZZO
Three year term 11/01/2016—10/31/2019
HISTORIC REVIEW 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
October 4, 2016
84
ITEM VII-M
APPOINTMENTS ITEM#66414
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
IAN LICHACY,SENIOR—COX HIGH SCHOOL
One year term 09/01/2016—06/30/2017
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
October 4, 2016
85
ITEM VII-M
APPOINTMENTS ITEM#66415
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
HARRIET FRENZEL
Three year term 01/01/2017—12/31/2019
HISTORICAL PRESERVATION COMMISSION
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert Al 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
October 4, 2016
86
Item -VII-P
ADJOURNMENT ITEM#66416
Mayor William D. Sessoms,Jr., DECLARED the City Council ADJOURNED at 9:24 P.M.
/1 g/7
mandaFinley-Barnes, MMC
Chief Deputy City Clerk
'uth Hodges raser,MMC William D. Sessoms, Jr.
City Clerk Mayor
City of Virginia Beach
Virginia
October 4, 2016
87
OPEN DIALOGUE
Walter Thornhill, 2025 Grandon Loop Road, Phone: 362-8485. Mr. Thornhill advised Ashville Park is
having major stormwater management issues. This past storm that brought almost 15 inches of rain and,
in some places, over 20 inches of water was standing in various locations. The stormwater management
is inadequate to support the current homes and no other homes built until the problem is addressed and
corrected.
Matt Tonnelson, 2020 Grandon Loop, Phone: 749-2966. Mr. Tonnelson is also a resident of Ashville
Park. The concern is the problem is stagnate and requested the City get the project moving to address
and correct the stormwater management problem. The amount of flooding the neighborhood experienced
would have caused delay for emergency personnel to reach parts of the neighborhood.
Pat Miller, 2009 Blythe Drive, Phone: 390-6314. Mr. Miller is also a resident of Ashville Park and asks
the City to ensure stormwater management problems are addressed before any additional homes are
built.
Reid Greenmun advised he has building sandcastles during the Neptune Festival since 1983. This year
the sandcastle built was voicing an opinion on Light Rail and in the dark of night, the Operating Vice-
President destroyed the sandcastle. Mr. Greenmun paid the application fee and there are no rules
against political free speech. The Neptune Festival is a part of the City and they cannot limit free speech,
especially when Conex had a booth handing out inaccurate literature on Light Rail. Mr. Greenmun also
advised he attended the 5th Anniversary of the Tide and questioned why the City sponsored the event using
the taxpayer money.
Andrew Jackson feels trust between police and community is the cornerstone of civilized society. A group
of African American Leaders put together a Five -Point Plan in hopes of addressing the issue in the City.
Mr. Jackson feels there is not a lot of trust and transparency between citizens and the Police Department.
When incidents take place and citizens ask questions they expect a response.
Wallace Godwin did not respond.
Frank Papcin does not feel the Third Crossing is necessary even though the Hampton Roads Bridge
Tunnel is one of the most congested roads in the Region. Not long ago the "Patriot Crossing" was
proposed but the Commonwealth changed the plan and now we are choosing this "Option B".
Carl Wright advised he hopes the Arena project can come back for reconsideration. Mr. Wright
expressed his appreciation to the individuals that prepared the proposed Five-Point Plan. They put a
tremendous amount of work into preparing the document and, most importantly, the Plan is not "anti-
anyone"Plan. This is a Plan to protect the entire community, including Police. This Plan can serve as a
model for other localities in establishing their own Plan. Mr. Wright encourages City Council to take the
time and read the Plan and looks forward to receiving City Council's comments and thoughts on
Saturday.
ADJOURNED AT 9:49 P.M.
October 4, 2016