HomeMy WebLinkAboutNOVEMBER 1, 2016 MINUTES ua.
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
November 1, 2016
Mayor William D. Sessoms, Jr., called to order the City Council's Briefing on the REAL ESTATE TAX
ABATEMENT FOR UNFIT STRUCTURES in the City Council Chamber, Tuesday, November 1, 2016,
at 3:00 P.M.
Council Members Present:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
2
CITY COUNCIL'S BRIEFINGS
REAL ESTATE TAX ABATEMENT FOR
UNFIT STRUCTURES
ITEM#66461
3:00 P.M.
Mayor Sessoms welcomed Jerald Banagan, City Real Estate Assessor to discuss the relief the City can
provide to Citizens that were impacted by Hurricane Matthew. Mr. Banagan expressed his appreciation
to the City Council for their continued support.
Mr. Banagan advised the State Statue allows the City to abate taxes if damages from fortuitous
happenings beyond the control of the property owner render a building unfit for use and occupancy for
thirty (30) days or more. The City Code allows for relief to be provided on a quarterly basis so this
would fall in the Quarter of October, November and December. The City will be providing information to
the Citizens this week. Mr. Banagan advised his rough-estimate is on a $2,000 annual tax bill, the relief
would be approximately $300. Unfortunately, there is no indication of the number of citizens that will
apply for this relief; but, over 1,400 houses were damaged from Hurricane Matthew.
Mayor Sessoms thanked Mr. Banagan for the information; and, although it is not a whole lot of help,
every little bit helps.
November 1, 2016
3
CITY COUNCIL'S BRIEFINGS
ONLINE HOME SHARING
(AIRBNB)
ITEM#66462
3:02P.M.
Mayor Sessoms welcomed Jack Drescher, Chair — On-line Home Sharing Economy (AIRBNB) Ad Hoc
Committee. Mr. Drescher expressed his appreciation to the City Council for their continued support:
On-line Home Sharing Economy ,
Ad Hoc Committee
Recommendations
Jack Drescher
Ad Hoc Committee Chair
Committee Members r�
* Jack Drescher—Chairman ,.
* Sandi Grainger * Robert Taylor
* Larry Stampe * Edward Denton
* Heidi Daniels * Kevin Duffan
* Bruce Johnson * Betsy Atkinson
* Tim Solanic * Ira Agricola
* Michael Kelly * Edward Mullen**Non-Voting
* William Brown Advisor to the committee
November 1, 2016
4
CITY COUNCIL'S BRIEFINGS
ONLINE HOME SHARING
(AIRBNB)
ITEM#66462
(Continued)
Below is a Summary of Committee Findings:
Summary of Committee Findings
(k .
A. Committee believes that online rentals in residentia c. • st.
are widespread,and cannot be effectively eliminated(the toothpaste is out of the
tube); however, the regulation of this activity should be subject to local
ordinances rather than statewide control.
Li. Committee believes that all local taxes should be remitted directly to the locality
rather than the state and that the local tax official should have the ability to audit.
1'. Committee believes that a requirement for appropriate insurance coverage is
critical. Many homeowners may not realize that they do not have coverage for
rental of their homes under their homeowners'policies.
D. Committee believes that the General Assembly should grant authority to
localities to promulgate health and safety requirements to address parity with
other transient occupancy providers and to ensure that rental dwellings are
reasonably safe.
3
Below are the Recommendations relating to the City Ordinances:
Recommendations Relating to City
Ordinances
1. Committee believes that the City Zoning Ordinance should be amen.ed to bring
conformity between land use and taxation regimens. This would begin with
defining short term and daily rentals. A draft of proposed revisions approved by
the Committee are as follows:
a) Daily Rental means any rental for a period of less than 7 days. There may
be not more than one (1) rental contract per seven day period on any
residentially zoned dwelling within the City.
b) Short Tenn Rental means any rental for a period between seven(7)days
and 29 days. There may be no more than one(1)rental contract per seven
day period on any residentially zoned dwelling within the City.
November 1, 2016
5
CITY COUNCIL'S BRIEFINGS
ONLINE HOME SHARING
(AIRBNB)
ITEM#66462
(Continued)
It is important the City understand the daily and short term rentals as well as carefully revisit the current
residential zoning classifications to determine where daily and short term rentals may be permitted:
Recommendations Relating to City
Ordinances
2. Daily& Short Term Rentals: Understanding
Rentals are an essential part of our commerce in Virginia Beach,but also
appreciating the importance of preserving the character of our residential
neighborhoods,Council should carefully revisit our current residential zoning
classifications to determine where daily and short term rentals may be
permitted.
3. Rental Registration and Permits:All residential properties offered for daily or
short term rentals must register with the Commissioner of Revenue(COR)
and obtain a rental permit from the appropriate City Department.
4. Committee considered but rejected any use of a conditional use permit
process to limit short term and daily rentals in residential districts.
5
The Committee recommends all daily and short term rentals in Residential Districts be registered through
the Commissioner of the Revenue and require a permit to be issued subject to specified conditions, the
violation of which could result in suspension or termination of the permit. Next of importance, have an
owner appoint a `point person"to be available to respond, in person, to the property, if needed:
Recommendations Relating to City
Ordinances
5. Committee considered but rejected drawing a distinction between rentals of
owner occupied properties and non-owner occupied properties.
6. Committee recommends that all daily and short terms rentals in residential
districts,shall be registered through the Commissioner of Revenue and shall be
required to obtain a permit to be issued by an appropriate City department
subject to specified conditions, the violation of which could result in the
suspension or termination of the permit.
7. A key aspect of the permit would be a requirement that the owner or a
designated agent be identified and available to respond in person to the
property in a reasonable period of time at all times during the rental period.
November 1, 2016
6
CITY COUNCIL'S BRIEFINGS
ONLINE HOME SHARING
(AIRBNB)
ITEM#66462
(Continued)
The Committee also recommends the City must, more effectively, enforce existing laws; and, by doing so,
adverse impacts associated with these rentals may be significantly lessened:
Recommendations Relating to City
Ordinances
8. Committee believes that an effective registration/permit requirement is
the key to ensuring that all taxes are paid and that daily/short-term
rental hosts are on a level playing field with other providers of
transient lodging.
9. Committee believes that the City must more effectively enforce
existing laws and that by doing so any adverse impacts associated with
daily and short term rentals may be significantly lessened. This may
require the dedication of additional city resources,which may in turn
be derived from the pennit fee and from the taxes generated by the
rentals.
Recommendations Relating to City
Ordinances
10.Committee believes that the City should consider health and
safety requirements to address parity with other transient
occupancy providers and to ensure that rental dwellings are
reasonably safe.
11.Committee recommends that Council allocate necessary
funding to procure through appropriate process the services of
a provider which would identify on-line hosts and afford such
additional related and necessary services as determined by the
Commissioner of Revenue.
8
November 1, 2016
7
CITY COUNCIL'S BRIEFINGS
ONLINE HOME SHARING
(AIRBNB)
ITEM#66462
(Continued)
The Committee recommends the list below to be included as a part of the Rental Permit requirements:
List of Residential Rental Permit
Requirements
* Property owner or designated agent ml t he available and capable
of responding to property within reasonable time during entire rental
period.
* Maximum occupancy tied to Statewide Building and Maintenance
Code for residential properties.
* Sufficient parking must be provided on site(define sufficient based
on input).
* Commercial insurance policy or rider with minimum prescribed
limits(either$500,000 or$1 Million suggested) must be in effect
during all rental periods.
List of Residential Rental Permit
Requirements
Rental contracts must require compliance wi 1 all state and local laws
and violation of same is cause for immediate termination of lease.
* Requirements of local ordinances regarding,noise, fireworks,parking
and trash collection must be posted on placards at each entrance to
dwelling.
* A rental permit may be terminated for failure to abide by the permit
requirements,or violations of any laws.
* As a condition of the issuance of a permit the property owner shall
consent to any inspections or health&safety requirements that the City
may choose to impose.
November 1, 2016
8
CITY COUNCIL'S BRIEFINGS
ONLINE HOME SHARING
(AIRBNB)
ITEM#66462
(Continued)
Questions?
Mayor Sessoms thanked Mr. Drescher and the entire Committee for all of their time, effort, energy and
hard work in tackling this difficult issue.
November 1, 2016
9
CITY MANAGER'S BRIEFINGS
NEXT GENERATION NETWORK
ITEM#66463
3:24 P.M.
Mayor Sessoms welcomed Darrell Riddick, Chief Technology Officer — IT. Mr. Riddick expressed his
appreciation to the City Council for their continued support:
CITY MANAGER'S BRIEFING
November 1,2016
st
N n r `
e t Ge a �ition
x k Update
Darrell G.Riddick �.
Chief Technology Officer """-:
l +
Mr. Riddick recapped the Goals and Objectives of the IT Department:
Next Generation Network
µ.,z OW*o%W)14'r „ s City of Virginia Beach and Information
"Pr*°IV" m.w " 1434"02f�$Gdi Technology Department's Business
Goals and Objectives
ourta�¢ 11.0)+mtMayor's State of the City 2016-Connected
..., M 1 ,` „ , i its.:_f_.
,,.it',:at,._ Community
' 5rf i”"r ,G /`Y t ;. "J �L • Envision Virginia Beach 2040 report:
•�'+t� ,,r'' 1 ',,.i li� Connected Community
^utf wii• t,.:•t L.�` 1,:.- gc to ming Community
PaciE ( QS* 11 �ty, Y • Diverse Community
tut tit
' a ,' C r - • Broadband Taskforce Goals
K. v1' . w tt.Fi •
. -
i
November 1, 2016
10
CITY MANAGER'S BRIEFINGS
NEXT GENERATION NETWORK
ITEM#66463
(Continued)
The Broadband Goals were established by the Broadband Task Force:
Broadband Goals
1. Provide a level of excellence in city services
2. Leverage Next Generation Network(NGN)for educational
opportunities
3. Explore opportunities to create a unified government network
4. Leverage NGN for economic development opportunities
5. Leverage NGN for regional opportunities t .d , ' `**" tiP,tf �
-;-cam` =
11
CITY MANAGER'S BRIEFINGS
NEXT GENERATION NETWORK
ITEM#66463
(Continued)
Below are the Services Improvements:
Next Generation Network
. Services Improvements
i, vz Next Generation Network •
`----------- • Increased Security
FT-4 • Scalability
• • Meets compliance of HIPPA and UIS
• I.Bt.c. • Create a state-of-the-art communications architecture
F1- `�•• ( • Leverage existing fiber infrastructure j • Increased Speeds up to 1000x faster!!
,. • Continue to investin our own fiber
• Longer Lifecycle(Optical=^30 years;MPLS=7 years)
l'DAFJ NECA • Improve service to off-campus sites
00eca1 Core .,
• Video conferencing and utilizing VDIP
Phases t&2 • BLDG 30
++ ] • Decrease operating expenses
Phases 3 d 4 27_ A
2 BLDG-2
The City has a total of six(6)super sites and fifty-five(55) remote locations throughout the City:
Next Generation Network
`$Next Generation Network Super •++ ,,iittes l• ...,�• • j • Total of 6 Super Sites(Phase 0)and 55
fI""•*•• • Remote Locations(Phases 1 through 4)
FS-4
• Optical/Super Sites:Phase 0 completed
on 7/29/2016
tact 1. PW Dam Neck
RS-7
2. Building 2
DAM NECK 3. Building 30
4. Virginia Beach Convention Center
5. Fire Station 7
�
( ) Super Sees Nubs) 6. Fire Station 4
,"%
amp.cora optical arae *C:-BLDG-to
..5*P•ndhp t.en.r Bridge completion` *
\ `\ BLDG-2 J
November 1, 2016
12
CITY MANAGER'S BRIEFINGS
NEXT GENERATION NETWORK
ITEM#66463
(Continued)
All Cox construction work to run fiber has been completed. Also, new quotes for the hardware have
been received and procurement is in progress to finalize ordering the hardware. The construction for
Phase 1 was completed on October 18, 2016:
Next Generation Network
w NextGenerationNetworkSub-Rings Phase 1-Construction completed on
rypy y 2 vita, p
\ .2 - 10/18/16
1 �lr7 1. DHS Collier Building
3777 a� 2. DHS Housing HRC(under construction).)S\
s 3. Fire Station 9
4. Kempsville Library
• a s 5. Police 4th Precinct
f�G 6. P&R Kempsville Recreation Center
DAM NECK 7. DHS Pembroke 6
BL o3O ',.
. � 8. Sandler Center
J 9. Economic Development/SGA
s. 10. EMS 15-Thalia
xcWee.n1
b rDUI1Thrvu{e HewConrtu bn F ktlMnen 11. Central Library
3637 35)5 98203
Mile 0.59 0.68 18.61
The construction for Phase 2 will be complete on December 20, 2016:
Next Generation Network
Phase 2-Construction completion
cNB Next Generation Network Sub-Rings ,n�." J,BCC -\ date 12/20/2016
--- J -__,__,-- 1. P&R Seatack Recreation Center
•N. -7 Z --��/ �- irl 2. Police Animal Care Center
1 F8=7 3. Fire Training Center
3 4 4. Fire Station/EMS 12
5. Ciceanfront Library
6 6. Fire Station 11
7. Police Precinct 2
8. VA Aquarium
A,-...._ 9. PW Waste Management
` 10. P&R Princess Anne Recreation Center
DAM NECK 11. Princess Anne Library
12. Fire Station/EMS 21
-`_ RLDG-30
S 13. Leroy Road-Radio Tower
l') ,�/ 14. OHS Main Building
`•x�,nti<n on,.�_,,,." umviT-uon� BLDG-1 J 15. Fire Station/EMS 16
NGM tMu2 16. Windsor Woods Library
„rt nx,r„r m,o„sn x.w c.„rtn,nwn 6xkary near 17. P&R Bow Creek Recreation Center
9n18033 11354 goon 18. Joint Use Library
Mk 3.92 2.15 17.82
November 1, 2016
13
CITY MANAGER'S BRIEFINGS
NEXT GENERATION NETWORK
ITEM#66463
(Continued)
Cox will be constructing Phase 3 which is scheduled to be completed on February 14, 2017:
Next Generation Network
• Phase 3-Construction completion
/\13 Next Generation Network Sob-Rings •.;' date 02/14/2017
nno..es3s�
•.12 • 1. P&Ft-Bayside Recreation Center
FS-4 14 2. FIRE 62-Davis Corner
• 3. Bayside Library
71. '13 4. Police 3rd Precinct
5. P&R City-Wide Programs
•
FS-7 - . 6. FIRE/EMS 619-Stumpy Lake
(7*_ 8--.-! VBCC 7. FIRE 610-Woodstock
• 8. Landscape Services
7 B•• 9. P&R-Princess Anne Administration
/ •• 10. Westin-Public Safety
9 • DAM NECK 11. DHS Skillquest
ti 12. P&R Mount Trashmore
10 13. F5818
• BLDG-30
14. Farmer's Market
1�_�s�_se8menn rcpresme ardmrrwim.. �•'
BLDG-2 J 15. FIRE/EMS 63-London Bridge
MGM Mane 16. DHS Beach House
Measure
Fiber Pull Through New Construction ri 11.
Linear ober
root 2139 23813 182990
9
r1M 835 4.51, 36.66
Cox will be constructing Phase 4 which is scheduled to be completed on March 24, 2017:
Next Generation Network
V3 Next Generation Network Sob-Rings "t' Phase 4-Construction completion
('hurr..3k4
••12 • date 03/24/2017
FS-4 14 1. LETA(Law Enforcement Training Academy)
•
11 '13 2. Fire Station 1/EMS 22-First Landing
3. Fire Station 8-Oceana
•
4. Great Neck Library
-��.'_:_•_8-�-�'
111CC 5. DHS Infant Simulation
• • 6. P&R Great Neck Recreation Center
7 8• 7. Visitor Center
•
8. CVB Towne Bank
•• DAM NECK
9. DHS Path
•10 10.29th Street Water Treatment
• BLDG-30
BLDG-2 ___
N.Mase 4
sure liber Pull lbroug6 New Conserurtwn 6aisung Fiber
PBS
67 183043
Mlle Mlle 0.23 '1136 34.67
November 1, 2016
14
CITY MANAGER'S BRIEFINGS
NEXT GENERATION NETWORK
ITEM#66463
(Continued)
Next Generation Network
'
Work Completed
Finalized Fiber Provisioning Document on 06/28/2016
• r • Finalized design for all NGN segments on 09/15/2016
t • Purchase order issued to Con for construction of Phase 1
•...;. '' / \.--.�.. -.. y
(segments 8 and 9)Aug 11,2016
[[ — "��
_ ��
' '
1 I • COX construction and fiber splicing completed for Phase 1 on
10/18/2016
.s ,:; 4 Purchase order issued to Cox for construction of Phase 2,
Phase 3,Phase 4(all remaining segment)Oct 4,2016.
Formalized the IT Fiber Planning Committee
. Irl ,.
The Optical ring is complete, with the exception of one leg connecting Fire Station 4 to Virginia Beach
Convention Center. This delay is due to construction work at Lesner Bridge; however, connection is
expected to be established by mid to late November:
Next Generation Network
r Network Equipment-NGN MPLS Optical Super
r - Sites:
• Developed BOM with Cisco equipment breakdown:WAN,
LAN,Redundant Core and Data Center switches-Nov 2015
• MPLS BOM out to bid-Nov 4,2015
• Bid awarded-Dec 1,2015
'i • PO signed-Jan 7,2016
• Received hardware-Feb 3,2016
• Configurations and Installation of Cisco MPLS hardware-
ii7/5/2016-7/29/2016
November 1, 2016
15
CITY MANAGER'S BRIEFINGS
NEXT GENERATION NETWORK
ITEM#66463
(Continued)
Next Generation Network
Projected Construction Completion Dates
• Phase 0--Completed as planned on
06/24/2016)
•
• Phase 1• Completed as planned on
• ' 10/18/2016)
• • Phase 2--12/20/2016
• Phase 3 02/14/2017
• .
• Phase 4--03/24/2017
•
.: •
Next Generation Network
E-rate Program for Libraries
• The program is administrated by the Schools and Libraries Division,
which is a part of the Universal Service Administrative Company(USAC),
on behalf of the Federal Communications Commissions(FCC).
-n• sG • Created out of the Telecommunications Act of 1996
• Helps ensure that schools and libraries can obtain high-speed Internet
access and telecommunications at affordable rates.
o Eligible schools and libraries may seek E-rate support for eligible
telecommunications services,telecommunications,Internet access and
lit 14 internal connections,basic maintenance,and managed internal
_ ___ broadband services.
e Category One-includes the services needed to support broadband
connectivity to schools and libraries
Irao Category Two-includes the internal connections needed for broadband
connectivity within schools and libraries
• Intended to provide discounts and/or expense reimbursement for
telecommunications services,Internet Access,and internal connections
provided to schools anti libraries
November 1, 2016
16
CITY MANAGER'S BRIEFINGS
NEXT GENERATION NETWORK
ITEM#66463
(Continued)
Next Generation Network
E-rate Program(Cont.)
• Libraries that meet eligibility criteria are:
1. Bayside
2. Central
3. Great Neck
--— 4. Kempsville
5. Ocean Front
6. Princess Anne
7. Pungo Blackwater
a pp8. Windsor Woods
•.-,- • There are two library locations that are excluded for
reimbursement because of their source of funding:
Joint Use(TCC)and Wahab(Law Library)
Next Generation Network
E-rate Program(Cont.)
• Library branches are assigned a pre-discount budget for their
c "internal connections"based on the square footage for each library
branch and its urban($5/sgft-Central)or rural($2.30/sgft-Creeds)
status.
• - • Potential E-rate savings=$531,549
pp
November 1, 2016
17
CITY MANAGER'S BRIEFINGS
NEXT GENERATION NETWORK
ITEM#66463
(Continued)
Next Generation Network
Next Steps
• Hardware to be ordered this week
44114 • Equipment configuration and Testing
• Go live completion-Q4 2017
""Alr )
Discussion
.
Mayor Sessoms thanked Mr. Riddick and the entire Team for all of their work on this project.
November 1, 2016
18
CITY MANAGER'S BRIEFINGS
LIGHT RAIL EXTENSION
ITEM#66464
3:38 P.M.
Mayor Sessoms welcomed Brian Solis, Transportation and Transit Planning Manager—SGA. Mr. Solis
expressed his appreciation to the City Council for their continued support:
Virginia Beach
IC**)
Light Rail Project Update
City Council Briefing
November 1,2016
REVISED
Brian Solis,Transportation and Transit Planning Manager
n..
Below is an Overview of today's presentation:
Overview
I. Increasing Mobility Options and Advancing
Strategic Growth
II. Project Update-Cost Control and Context
Ill. Connectivity
IV. Questions,Answers and Suggestions
November 1, 2016
19
CITY MANAGER'S BRIEFINGS
LIGHT RAIL EXTENSION
ITEM#66464
(Continued)
The City is hoping to get transportation infrastructure to support the SGA's:
v v�rom„a<«n
�_.„
Diversifying Our -.
Economy, Advancing "
Strategic Growth r,,
t
r =
Strategic Growth Areas -4, < ��`= `,,,�
2%of Land Area=50%of growth
Military Installations
8%of Land Area=Stable
Suburban Area •,,,,, ..
,,, .
30%of Land Area=Stable
u, i
Suburban Focus Areas+Special46
Economic Growth Areas ( -
8%of Land Area=30-35%of growth 1 at .v
Transition Area 2%of Land Area=
15-20%of growth
L
Rural+Parks
50%of Land Area=Stable
P.n.Land Use M.•
The City is looking to begin this infrastructure at the Pembroke SGA:
SGA Character — All Different
Each SGA has its own unique character,distinct identities prevent competition between areas
Burton Station Pembroke Hilltop
Next Generation Manufacturing Virginia Beach's Central Regional Retail Destination
and Technology Zone Business District Health Services Cluster
7k -'
\ Oceanfront
NewtownFlagship Resortand
Recreational Destination
Keynote Employment =J ,-' ' , '
District AA =` II
ilir m,to�� l_ •w/+ --a.
0 -:, V__
-). -r , _1-3
Centerville/Regent Rosemont Lynnhaven
Education-oriented master Transit-Oriented PDR Hub(Production,Distribution
planned community Residential Village and Repair,Service District)
November 1, 2016
20
CITY MANAGER'S BRIEFINGS
LIGHT RAIL EXTENSION
ITEM#66464
(Continued)
The City continued to move forward after the 2012 Referendum:
City Council Approved 2012
Light Rail Referendum
"Should the City Council adopt an ordinance approving the use of all
reasonable efforts to support the financing and development of The Tide
light rail into Virginia Beach?"
The results were:
Yes 116,056 62.7%
No 68,848 37.2%
184,904 Total Votes
•March 2014,Virginia Beach requested HRT to study a fourth alignment
alternative to extend The Tide light rail system from Newtown Station to Virginia
Beach Town Center
•May 2015.Virginia Beach City Council voted 9-2 for the Locally Preferred
Alternative to extend The Tide light rail system to Town Center at Constitution
Drive and four capital projects to support improved public transportation.
The first project was to extend the Tide Light Rail Line from Newtown Road to Constitution Drive:
Extending The Tide Light Rail Line
• 3.5 miles
• Newtown Rd to ', � f �,
Constitution ;
Drive at Town
Center as part of r 4
11 mile system -.
• Financing: i
• $155M from 3
State
• $59-88M +/- •
from City
November 1, 2016
21
CITY MANAGER'S BRIEFINGS
LIGHT RAIL EXTENSION
ITEM#66464
(Continued)
Project Map
The Tide Light Rail
Alignment
O
=oM� Qz. m-e .,_ ..
The projected annual ridership in 2020 is expected to be around 1.19-Million riders:
Annual Projected
Ridership r ' u.
r
2015 Annual 2020 Annual 2040 Annual
Ridership Ridership with Ridership with
without VBTE VBTE VBTE
LRT Boardings on N/A 1,192,700 1,596,800
VBTE Project
Total LRT Ridership 1,397,600 2,349,600 2,978,500
Estimates of annual ridership derived from average weekday ridership using National Transit
Database estimates of weekday and annual LRT ridership in Hampton Roads.
November 1, 2016
22
CITY MANAGER'S BRIEFINGS
LIGHT RAIL EXTENSION
ITEM#66464
(Continued)
The Shared Use Path below was approved by City Council:
Shared Use Path along Light Rail Corridor
14-foot path and 5-foot sidewalk
Shame�path
�u
SiiwnM4 '10
ilillite
w.y.�-� 141411111Ynultln
\\\
"II '.
It,g,... S
t
-....FrrMYiI� ...„
I
Pedestrian Crossing over Independence Blvd.
with ramp to Market St.
November 1, 2016
23
CITY MANAGER'S BRIEFINGS .
LIGHT RAIL EXTENSION
ITEM#66464
(Continued)
The City Staff went to Charlotte in 2014 to tour their Light Rail Trail:
i Charlotte's Light
Rail Trail
.--We started at the Charlotte
rof : JTransportation Center bike share
I station in downtown
Continuous 10'-16 bike-ped paths on
r ‘,,i i, both sides of a 28'wide rail bed
J further extend station access and
-.N .- a0 ;-.1) development opportunitiesy _
OLil
, ti 0
;.,
}
■
Charlotte's Light
Rail Trail
.-Many new businesses cater to
,,,1/4. . sio j light rail and path users,"front
„ --_.=
: iii^ - j facing"the paths and LRT tracks i
,......40/1. 541644.0
.491° r �4., '` r
isj 01 1 la
New transit oriented development -• —
just finishing construction. -- :` ati
Developers further improve the i`;'
path(s)with decorative fencing
and landscaping . ,,Al
November 1, 2016
Air
24
CITY MANAGER'S BRIEFINGS
LIGHT RAIL EXTENSION
ITEM#66464
(Continued)
The City is doubling the bus service throughout the City to sync with on-time Light Rail Service:
Doubling Bus Service throughout City to Sync with On-
Time Light Rail Service
•Doubling Bus Service
•More weekend and evening service ifA Jr
•New routes,including Town Center "
Circulator of
f
LIR
a New bus route to/from Witchduck
Station along tt
_—__- -- —" Kempsville Road to Greenbrier Mall
Certain routes proposed as part of the Feeder Bus System operate outside of the City into Norfolk(1, 20,
25) and Chesapeake (38). The introduction or increase in service, to these routes must be agreed upon
with the neighboring municipalities in accordance with the current Cost Allocation Agreement:
Preliminary Feeder Bus Service Plan
Tied into The Tide Light Rail System
VBTE Feeder
Bus Routes
" —�--*
\
tom.
0
o
- d 1
November 1, 2016
25
CITY MANAGER'S BRIEFINGS
LIGHT RAIL EXTENSION
ITEM#66464
(Continued)
There will be substantial increases to the elderly and disabled paratransit eligibility with the Tide
Expanded Feeder Bus days, hours and routes especially within the Kempsville and Centerville Districts:
Paratransit Service Eligibility Expanded
Substantial increases to elderly and disabled paratransit elibility with Tide expanded feeder bus
network days,hours and new routes--especially within Kempsville and Centerville areas
Paratransit services are
federally mandated through
the American withCity of Virginia Beach
Disabilities Act(ADA)of „� / \\ c °n we Repan
Team.
1990.
HRT's Paratransit service is
origin-to-destination • _u' "F w
i'
shared-ride service serving ,_g» u4t, +r -e°
the cities of Chesapeake, a ,...
Hampton:Newport News, .icer•,e•_•
Norfolk,Portsmouth and 'v ' `
Virginia Beach. - „ i
•
ID
Must be at locations within • '.
3/4 of a mile of our existing
fixed-route services using a
variety of vehicles,
including lift-equipped
vans.
Relationship of Expanded Public Transportation
Services to City Operating Budget
FY 17 Virginia Beach Bus Service
FY 20 Total Light Rail Service and Expanded Bus Service Annual
Operations and Maintenance costs
FY 20 Light Rail Service Plan=$2.7M
FY 20 Bus Service Plan including additional/new service =$9.2M
Note Figures do not include seasonal shuttle services(funded by TIP)or paratransit services
10
November 1, 2016
26
CITY MANAGER'S BRIEFINGS
LIGHT RAIL EXTENSION
ITEM#66464
(Continued)
It is important to compare the expanded public transportation services to other City Projects:
Relationship of Expanded Public Transportation
Services to City Operating Budget
Beach Maintenance and Dredge Operations
Libraries
Recreation centers
Street, Bridges and Signals
Relationship of Expanded Public Transportation
Services to City Operating Budget
Annual cost and%of operating budget for transit(bus and
light rail)operations and maintenance of other municipalities
in the U.S.
Virginia Beach (FY 20 Projected)
0.57%
Charlotte
4.3%
Erie County(Buffalo area)
1.4%
November 1, 2016
27
CITY MANAGER'S BRIEFINGS
LIGHT RAIL EXTENSION
ITEM#66464
(Continued)
The City will significantly improve the Bus Stop Infrastructure and accessibility improvements:
Bus Stop Infrastructure and
Accessibility Improvements
From this To ti=
r •
The City will improve Transit with private development and funding:
Transit Improvements Through
Private Development
IIIIIIIiiilllIIIf10111111160\\\1411110
1111111 -
VIII... ✓
4„
November 1, 2016
28
CITY MANAGER'S BRIEFINGS
LIGHT RAIL EXTENSION
ITEM#66464
(Continued)
The Hampton Roads Transportation Planning Organization adopted the Multimodal Part of the 2040
Long Range Transportation Plan in July 21, 2016.
Multimodal Part of Adopted HRTPO
2040 Long Range Transportation Plan
✓The Tide Light RailH.*eei.4..
+ ie
.
. e.r.rm.n na.m
Extension from
Newtown Station w
to east side of •
Constitution Drive
✓ Funding identified �,-so
for three
additional studies
W
to extend transit
east,north and
south
?PO
Naval Station Norfolk Transit Extension Study is funded and will consider two (2) corridors. One
corridor would go just East of Ghent past Old Dominion University and the Ports to the Naval Base. The
second corridor would provide a station from the Airport to the Norfolk Naval Base:
Naval Station Norfolk Transit Extension Study
Regional Distribution o
Naval Station Norfolk EmployeesOther Areas:26% A
,
• Virginia Beach most represented among `., •� .
Hampton Roads cities(23%of NSN Newport News',,$ ,
employees) Hampton
• Norfolk second-most represented(19%) ;.
• Over one quarter(26%)of NSN IW of Wight v
employees live outside the Hampton ) __
Roads region i g - .
3�'
Legend '
—e—aloft Td MN
cbea+en
Suffolk `:_.Vk'pi ie Beach
Oerep Errployawnl center N \,
Chesapeake
Mer lstleeeee 15 5
®Miles
November 1, 2016
29
CITY MANAGER'S BRIEFINGS
LIGHT RAIL EXTENSION
ITEM#66464
(Continued)
VIRGINIA BEACHI
"aNaMn`Orvet `NT Recent MEDAC
Ocro,NOM
M.w Will,x.Salma,.. Letter, dated
my x.11
: °""'MM October 26, 2016
Tb Vapy.Br d.MnBup&i'WmK 0,13.0 Aersar C.mme..(MPDAC)1*
oor*costre 1,6.14 a 110).M..a.Mae.
Tha..taebNMne yr*.Ite P.pa.eopkag•*)111.1•12•111.Tear Cave M1on
the Nrcm.n F_PS aam b:Baan b Ow$PP ai.maabw iia Wm*wn
pe 2.7.1".pr._I8.5 ate le,1,3 plan to pw:de 1ecra pub,bs.wnmml
smut.1,4 aI do Cil.ie aux,aJ r.FS. 7 arN,a..(:aeM x.PIIP*
hub',MAC wmp.^.w.a,p1..ma.m Um Ow M HAT..,*..(".el v,
.Pd,o rrw l..r.r.S3)44 eh•el 81,31,1.13.1c AmeS,EB a+d)3A3 eka.a m tome pnrn
le rile fulure
T.a*W.mmaboa 4FIIIIIT Ida
woo ay.,.do.31))3,,a mu x.sgm
a.e.aE as SITFmliary F o ftd11 we*IS*Wea.kr mWo.S.
eptl�mb an s1.3,mon.,to commute Iv. mpmyn bas c'eda,nrcal e
t omponau
mut
v..II Impurramme us,sodDelOt nal.np.n.111*F_C AT, 110,ns d*Se 10,mil
Ptomon n Tem Cmw 1,Mc414 pf"vya.Behr
(W.Sb.onic *1T(r+r1,1),,,33im..thr.rior.,*maml tor".nPax&.en
oM toliAtIVI`Smlmsx'Obmu Sr.USN IMt l
ADMI.Ms10a®xI,USN 0.ta J n-Pri,M USA VW
Vc1,' NOMI0344*9 USN I.M1
".Ban MtDAC
Rapt.Spe.n llm s.ort IS.e.
('ms-City Crrle p.mbm. Cat.*lad..mngdee.M,1
umAC Mattas aeasmWWII.pman[.WA..n.NYe[Ixm7
Han Koa na Gel,
OUCG(II.)0. pppery L.WWII.Mk li.an
LCOR SC-AbOa,M Oia..IRN(Rn 1 D..N l Wr.xt Oa W n.pa
RASMd.Ds.T50
RAO.xidai ail. N.1.(1 e( WPIC.N.nw,xto.aa
C.pe Pnbml 1,.x 1,x.U9p1 rye1 RMVW.P.e.54AMite
��SW23
The Cost Estimate Summary below shows the City's contribution is expected to be between $59.3 and
$88.1-Million:
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
November 1, 2016
30
CITY MANAGER'S BRIEFINGS
LIGHT RAIL EXTENSION
ITEM#66464
(Continued)
Again,for some perspective, the projects and costs for comparison are shown below:
Relative Costs for
T64/1-264 Interchange Improvements
Transportation Scope:
• Adding a second eat lane on 144 WB
Infrastructure Underway • Ed1e264g the off-ramp from 164 WB to
• Adding a new 2-lane
Collector-Distributor(C-D)roadway from
164 to the Wtchduck Interchange
Princess Anne/Kempsville Lesner Bridge . Reconfiguring Newtown&W,,tchduck
Intersection 1/4 Mile Interchanges ramps south of 1.264
$90,123,181 $119,546,064 • Adding new overpass that connects
Greenwich Rd and Cleveland St
Completed Underway
1W,. * Oji+ $345 Million
tai
It ,.. - ,
���W
Transit Oriented Development is a specific approach to developing the built environment, not an urban
style; and, is characterized by a pedestrian-oriented environment that allows people to live, work, shop
and play in a concentration of residential, office, and/or retail uses with integrated and convenient transit
service:
What is Transit Oriented Development?
✓ Mix of housing,office,retail and/or t: s 1`
other amenities in walkable areaIt e}
✓ Located within a half-mile of quality r 'ey: `l!' -- ,ape
public transportation Ii i.,t1 r%_vli
I Potential for increased and/or .". ! t
sustained property values j
P P Y 1111 ,.,�.,;
✓ Improved access to jobs 4., 14 tfta "`
I Expanded mobility choices to _
f .-
live/work/shop/recreate within easy ::: ,Y.:
walk/bike/transit ; `b `f'- '.4
✓ Reduce dependence on cars,reduce .-.r , ,.�
transportation costs `t-r,,If
{- 2E
November 1, 2016
31
CITY MANAGER'S BRIEFINGS
LIGHT RAIL EXTENSION
ITEM#66464
(Continued)
The top photo shows Salt Lake City, which has the highest investment of Rail-to-Transit in the Country.
The other two slides are of Charlotte, North Carolina:
TOD Investment Facts (Feb 2016 brief to CC)
• Charlotte-$1 46B in 8 years along initial Blue Line f !'_
• Dallas-$1.5B in TOD within'A mile of stations in initial F 14.11"
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) em
• Portland-$13.5B in TOD since light rail service began f • i
TM,;
• Salt Lake City—single 51.58 investment,23-acre mixed- « 4,
use TOD City Creek Center project underway _,
• Norfolk-$509M in TOD since preliminary engineering of
starter line and another$306M under construction
Changing Demographics
and Economics
November 1, 2016
32
CITY MANAGER'S BRIEFINGS
LIGHT RAIL EXTENSION
ITEM#66464
(Continued)
Millennials make up approximately 53.5%of the U.S.Labor Force:
Shifting Demographics - Today
Source.Pew Research Center
U.S.Labor Force by Generation.1995-201.5
rnaitone
!0
GO ....... &mer• .�
50
>..
Gear xer, iJ a
40
ww,riw
30
20
10 ..
0
1995 2000 2006 ,030 2013 2010
V Rapid transit is a key to optimizing the planned SGAs
✓ Light rail,enhanced bus and paratransit services supports
transportation needs and desires of multiple generations
The Development Projects below are for the Newtown and Pembroke Areas:
Development Projections in
Newtown and Pembroke Areas
Average transit-orientedK ,.
development projections call for ; �
✓over 5100 residential units y- z r
l3 MSF office space
✓1.6 MSF new commercial space 41111
✓over 1400 new hotel rooms a +
AZI
✓Corridor transitions from heavy1;,4-:rtftt
industrial use to vibrant mixed use ¢ •
neighborhoods and employment _..
centers
s �
November 1, 2016
33
CITY MANAGER'S BRIEFINGS
LIGHT RAIL EXTENSION
ITEM#66464
(Continued)
The properties located'/and'/2 miles of the Light Rail Corridor have a baseline value of$566.7-Million:
Real Estate Value Projected Increase within
the Light Rail Corridor
Real Estate Assessed Valuations
within the Light Rail Corridor
e6,eso,000,uoo
ss,aoo,000,000
$4,000,000,000 -
$3,000,000,000
$2,000,000,000
$1,000,000,000 --
$0
Value_
The baseline value of property within'A mile and%mile of the light rail corridor is$566.7 million
Marginal Real Estate Tax Revenue Projected Increase
Marginal Cumulative Annual Real Estate Taxes(millions)
tf
Findings concurred by: Class A4 Class Clamse
Dr.Vinod Agarwal nominal w 4.Sx Nominal Ef 4.sx nominal PV 4.5%
Professor of Economics to Year
Director,Economic Modest $ 23.9 $ 17.4 $ 19.6 $ 14.4 $ 16.8 $ 12.3
Average 461 33.6 COI 27.4 31.9 23.3
Forecasting Project Optimistic 683 49.7 .• 40.5 47.0 34.2
Interim Dean,Strome
College of Business,July
2014 to May 2015 Modest 103.6 57.0 46.6 71.7 396
Average 203.5 111.7 CD 91.0 139.7 76.8
Member,Governor's Optimistic 303.5 166.4 135.3 207.8 114.0
Advisory Board of
Economists,2006-2010 9n Year
Member,Virginia College Modest 241.8 101.783.1 166.8 703
Building Authority Board,July Appf e, 477.5 00'4 388.6 163.1 327.4 137.5
optimistic ]13.2 299.0 8 243.1 488.1 204.7
2004-June 2012
Strome College of Business, 4orear
Old Dominion University Modest 432.5 141.7115.7 297.6 97.8
Average 855.9 279.7 696.4 227.6 585.1 191.7
Optimistic 1,279.3 417.6 1,Wu. 339.5 874.5 2135.7
50 Year
Modest 681.3 175.3 143.0 467.4 120.7
Average 1,350.0 346.3 CD 281.7 922.2 237.1
0•timistic 2,0186 517.4 1,.9.7 420.4 1,376.9 353.5
November 1, 2016
34
CITY MANAGER'S BRIEFINGS
LIGHT RAIL EXTENSION
ITEM#66464
(Continued)
The properties within the Corridor will generate additional Tax Revenue which, in turn, will provide
relief to each individual paying Real Estate Taxes:
What does this mean?
More tax revenue to provide relief to
existing homeowners.
Over $165 million of NEW TAX
REVENUE in next 20 years from within a
1/2 mile of light rail corridor
Findings concurred by:Dr.Vinod Agarwal,Professor of Economics
Director,Economic Forecasting Project
Interim Dean,Strome College of Business,July 2014 to May 2015
Member,Governor's Advisory Board of Economists,2006-2010
Member,Virginia College Building Authority Board,July 2004-June 2012
Strome College of Business,Old Dominion University
The information below provides the job projections as a result of the Transit Oriented Development:
Return on Investment: Transit Oriented
Development Job Projections
Pembroke SGA 20-Year Total Em.to ment Modelin:Comparison
Employment Models 2015 2020 2025 2130 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
Benchmark
Total 17,972 19,658 22,612 27,049 33,704
5 Year Net Growth 1,686 2,954 4,437 6,655
VEC
Total 17,972 19,347 20,876 22,576 24,466
5 Year Net Growth 1,375 1,529 1,699 1,890
Source:City of Virginia Beach SGA Office
November 1, 2016
35
CITY MANAGER'S BRIEFINGS
LIGHT RAIL EXTENSION
ITEM#66464
(Continued)
Return on Investment: Transit Oriented
Development Job Projections
37,500
Pembroke Em 10 ment Growth Scenarios
35,500
33,500 -- AV,
31,500 --"`Red ment Model
29,500 — Projected with LRT Extension
�
Benchmark Model
a VEE Model
W 25,500 ABM MEM
23,500
21,500
19,500
17,500 -
What does this mean?
More jobs. How many more jobs?
Projections are nearly 10,500 more jobs
in Pembroke, if light rail were extended
to Town Center
November 1, 2016
36
CITY MANAGER'S BRIEFINGS
LIGHT RAIL EXTENSION
ITEM#66464
(Continued)
Below are the Next Steps:
Next Steps
✓Complete operating and maintenance cost estimate for light rail
and supporting bus service by 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
$67-95 Million Reduction in projected costs
105%Increase in Bus Service that reeds into the Tide
* 0.57%of City's budget share annually for The Tide and
Total Bus Service throughout the City
+ $165 Million of new Tax Revenue by year 20'
+ 10,500 more jobs*in the Pembroke Strategic Growth Area
2,349,600 Boardings on the Tide to Town Center in 2020~
• Findings Concurred by Dr.Vinod Agarwal,
Professor of Economics
**Hampton Roads Transit and
November 1, 2016
37
CITY MANAGER'S BRIEFINGS
LIGHT RAIL EXTENSION
ITEM#66464
(Continued)
Virginia Beach .�
Light Rail Project Update
City Council Briefing
Discussion
November 1,2016
Brian Solis,Transportation and Transit Planning Manager
\43
VaEinii$e•h
Mayor Sessoms thanked Mr. Solis and the entire Stafffor all of their hard work on this Project.
November 1, 2016
38
CITY MANAGER'S BRIEFINGS
HURRICANE MATTHEW
ITEM#66465
4:35P.M.
Mayor Sessoms welcomed David L. Hansen, City Manager. City Manager Hansen expressed his
appreciation to the City Council for their active involvement and continued support:
fi' - ,.._.1Si Council Briefing
November 1,201(__•oa.
I_ ipp -ior._
�
kz
Below are the numbers relative to the clean-up of Hurricane Matthew:
Tun.Nosr.1
•940e m
Crisis Clean-Up aOud
•Debris 370)62%)
10
•Deferred Maint. 1
•Mold 19
t o• - • ,� •Muck Out 287
'Other 27
'Rebuild 16
y '•^11.• '` <i ar i t •Tarp 5
r'l`
.... s •A a t a... •Trees 5
A Open Assigned or
• g� a ::.:. � - partially Completed (1%)
11 x 4
.4.
Open Unassigned or Needs 220)37%)
• 3 o Y t,r
oFollow up
4s • ` a c •a s t C 'Debris 2
•Mold 33
IT 1 • s •Muck Out 86
'Other 28
•d' q• 'Rebuild 25
'Tarp 10
•Trees 36
All 595
November 1, 2016
39
CITY MANAGER'S BRIEFINGS
HURRICANE MATTHEW
ITEM#66465
(Continued)
The Community Recovery Centers served 928 households from October 13-27, 2016:
Community Recovery Centers
• Timeframe:10/13-10/27 • Partners:
— DHS Social Services(Child Welfare,Benefits
and Adult Services)and DHS Community
• CRCs Locations:Bow Creek Recreational Service Board(Grief Counseling)
Center,The Church of the Holy Spirit, - Department of Public Health
The Church of the Holy Apostle - 311
— Department of Housing
• Number of Staff:227° — VB Public Schools
— Fleet and Families
—
• Number of Households Served:928* Navy Housing
— Transportation
— Clothing and Food donations
• Localities Assisting — Several Apartment Resources
— Chesapeake Social Services sent"1S staff — VB Fire Department
— Norfolk sent 1 staff — VB Police Department
The Virtual Response Team received twenty-five (25)calls from October 24-27, 2016:
Virtual Response Team
Summary Report for calls received 10/24/16-10/27/16(1"week):
Total Calls Received: 25
Service Request: Other Requests:
Food: 11 To Make Clothing Donation: 4
Clothing: 5 To Obtain Housing Contact H: 1
Bedding: 1 Tenant/Landlord Dispute: 1
Electricity: 3 Pungo Assessment:
Repairs: 2 A team consisting of Adult Services,Homelessness
Clean-up: 2 Services and Housing assessed the Pungo,Creeds,
Transportation: 2 Back Bay,etc.area of Virginia Beach on Thursday,
Counseling: 2 October 27th.
Unknown: 2 Overall everyone that they made contact with had
no remaining unmet needs;food assistance was
provided.
November 1, 2016
40
CITY MANAGER'S BRIEFINGS
HURRICANE MATTHEW
ITEM#66465
(Continued)
Housing is the major focus of the attention as the City waits for the answer to the Federal Declaration
request. Waypoint Apartments agreed to return the security deposit and provide a $700 grant to the
families displaced by the Hurricane:
Housing
• Began today assisting specific Waypoint households that would be out of hotel as of
tonight that meet all financial assistance criteria(funding for approx.25 households)
— The criteria are:
• Displaced due storm damage and have no other immediate housing options
• Have been assessed by DHNP to understand their risk of homelessness
• Have minor children or people woh disabilities in their household and have financial limitations that make hotel stays
unaffordable
• Are losing their subsidy for a hotel room this week or otherwise have no other housing location available to them as of
this week.
• Coordinating with Hotel Kids(organization)to assist with other households
• On-going process of calling/verifying/establishing housing plan and next steps
• -36 households in hotels from original 113"priority"in third week of housing assistance
— 86 inspections completed
• Houses in various stages of repair/livability
• Housing is providing a full report to City Manager
Volunteer Resources
Volunteer Disaster Relief Groups CZ
• UMCOR CZ
— Continuing Early Recovery(Muck and
Gut)
— Beginning Long-Term Recovery -
(Rebuilding/Construction) K�`
— Applied for AmeriCorps NCCC Volunteers )`
to assist
• Operation Blessing(Re-Deployed to $ .Q.
North Carolina)
• Southern Baptist Conservative Disaster !
Relief(Standing Down) `-'t
• Team Rubicon(Re-Deployed to North C1
Carolina) r'
November 1, 2016
41
CITY MANAGER'S BRIEFINGS
HURRICANE MATTHEW
ITEM#66465
(Continued)
In an effort to spearhead the Long Term Recovery, the City is inviting local stakeholders to participate in
a meeting on November 3rd. At this meeting,prospective partners and other concerned stakeholders will
discuss the impact the disaster had on their community, as well as possible approaches to recovery. It is
important to invite experienced people to help provide guidance in planning and the City is lucky to have
Virginia Department of Emergency Management to facilitate this discussion:
LONG TERM RECOVERY GROUP
The Long Term Recovery process is spearheaded by a volunteer committee
consisting of non-profit organizations and private organizations with a singular
City Government Liaison.
' t i
—lah site Supeivisoi•�
Anyone that would like to contribute to the Virginia Beach Assistance Fund can do so through United
Way:
Fulfilling Additional Unmet Needs:
Give Help, Get Help
• Monetary Donations(around$7000 currently)
— United Way-Virginia Beach Assistance Fund(VBAF) 'Please call ahead of time
for hours of operation
— T:757.853.8500 'all f these groups ore
accepting donations and
• Food Pantries/Donations(collected over 5000 lbs.) olunteers to help,v,h
— Foodbank of Southeastern Virginia and the Eastern Shore the reg effort
— T:757-627-6599)877-HUNGERX(877-486-4379)
• Clothing and Household Goods T1 11 NCS
— The Salvation Army Hampton Roads Area Command(Notate"Local
Hurricane Relief")
— 5525 Raby Rd,Norfolk,VA 23502 \\'III\ll)I
— T:(757)543-8100 .:.
November 1, 2016
42
CITY MANAGER'S BRIEFINGS
HURRICANE MATTHEW
ITEM#66465
(Continued)
The primary focus of Public Utilities is on Lake Gaston and Stumpy Lake damage/repair efforts:
Public Utilities
• Displaced Residents Site Visits and Interviews
— Public Utilities has conducted 35 interviews as of today
— Neighborhoods visited:
• The Lakes,Green Run,Windsor Woods,Windsor Oakes,Rosemont Forest,Glenwood,Princess
Anne Plaza,Ocean Lakes,Strawbridge
— Interviews scheduled to conclude today
• Lake Gaston
— Currently pumping 8 mgd and system fully operational
— Meherrin River Log Jam—Logjam removal underway and is scheduled to be completed November 2;
cost estimate—$26,000;final costs will be provided at conclusion of work
— Black Creek Aerial Crossing Erosion Assessment—Cost estimate pending,subject to geotechnical
engineer inspection
— Blackwater River Log Jam—Bid quotes expected on November 4
• Stumpy Lake damage/repair efforts
— Awaiting letter report and construction documents necessary to make repairs to erosion—should be
finalized this week.These documents will be used for solicitation of quotes.
• Storm recovery costs,week of October 25—31—$0 overtime/contractual
e
Public Works has been the "work-horse"on the street as the recovery costs, including salaries and over-
time, is in excess of$10-Million, to date:
Public Works
Matthew Storm Recovery Costs Though November 1"
Recovery Effort Recovery Effort Recovery Effort Total Additional
Division To Oct 17th Oct 18th-Oct 24th Oct 25th-Nov 1st Summary Need
Waste Management-Landfill $287,000 $280,888 $71,341 $639,229 $953,590
Facilities $19,000 $639 $1,500 $21,139 $291,300
Operations $3,157,586 $4,340,462 $2,024,910 $9,522,958 $800,000
Fleet Management $0 $0 0 $1,258,858
Costs to Date $3,463,586 $4,621,989 $2,097,751 $10,183,326 $3,303,748
• Yard Debris Hauled:44,534cy
• 22,221 cu of mulch out of the pit
• Pumping Down Sherwood with city pumps and setting up new pumps
November 1, 2016
43
CITY MANAGER'S BRIEFINGS
HURRICANE MATTHEW
ITEM#66465
(Continued)
Public Safety has been critical in the recovery process:
Public Safety •
• ECCS • VBFD
— Normal operations — Normal operations
— Will change if declaration status is — 5000#of food collected and on-
made going
— Need to provide information to — FPB assisted housing inspections
311 call takers on declaration • EMS
• VBPD — Normal operations
— Normal operations with increased — Standing by should FEMA need
patrols in affected areas assistance
• Sheriff — Have staff available to assist for
— Normal operations other duties
Communications
• Met with VDEM,HRPDC and other regional PIOs regarding Federal
Declaration to coordinate messaging moving forward.Continue to
have people call 311(local)versus 211(state).
• Photographer/Video covering donated mattress/box spring delivery
this morning to Salvation Army.Will also cover day-of distribution
of product to homeowners once date is decided.
• Messaging developed for pending Federal Declaration(yes or no).
• Continue to promote the need for food,clothes and donations.
• Public messaging on VBgov,local media and social media as city
resources are made available.
November 1, 2016
44
CITY MANAGER'S BRIEFINGS
HURRICANE MATTHEW
ITEM#66465
(Continued)
Hurricane Matthew Update
• Current cost being reported for the
Hurricane Matthew recovery reflect those
that are above what was included in the
Adopted FY 2016-17 Operating Budget.
• Salaries are not included in these costs
being reported.
• Beginning in November, payroll numbers
will begin to reflect the salaries and fringe
cost related to Hurricane Matthew.
Matthew Storm Recovery Cost
Department Week of Week of Week of Cost Additional Notes:
Oct 8'h- Oct 18''- Oct 25'e- Summary to Known
Oct 17'h Oct 24'a Nov 1`t Date Recovery Costs
Housing $78,000 $21,539 $6,162 $105,701 - Hotels:contracted manpower
ECCS $10,300 $2,300 $875 $13,475 - Overtime(OT)
Fire $6,000 $203 - $6,203 - OT
Parks and Rec- $70,750 - - $70,750 - 01,supplies and contractual
Landscape tree removal
EMS $5,000 - - $5,000 - OT
Waste $287,000 $280,888 $71,341 $639,229 $953,590 OT,Landfill Repair,waste
Management- disposal cost
Landfill
Facilities $19,000 $639 $1,500 $21,139 $291,300'"OT
Operations $3,157,586" $4,340,462• $2,024,910 $9,522,958 5800,000..0T,contractual pumping,debris
oval
Fleet Mngmt. - - - - $1,258,858
Media Comm. $1,096 $321 - $1,417 -Brochures,OT,mileage
*Updated to reflect closer to actual cost from previously reported numbers.
"Additional known cost updated to reflect better estimates from this point.
November 1, 2016
45
CITY MANAGER'S BRIEFINGS
HURRICANE MATTHEW
ITEM#66465
(Continued)
Matthew Storm Recovery Cost(Continued)
Department Week of Week of Week of Cost Summary Additional Notes:
Oct 8th- Oct 18th- Oct 25th- to date Known
Oct 17th Oct 24th Nov 1st Recovery
Costs
Human Services $15,000 $3,936 $4,655 $23,591 -OT
Public Utilities $92,796 $18,000 - $110,796 -OT,contractual services
Police $30,350 $15,559 - $45,909 -OT
Cost to Date $3,772,878 $4,683,847 $2,109,443 $10,566,168 $3,303,748
After Action Report
Benchmark Date
Emergency Preparedness Committee AAR Discussion 10/27/2016
Deadline for Template Submission 11/1/2016
Final Report Submission 11/17/2016
Mayor Sessoms expressed sincere appreciation to City Manager Hansen and everyone that has been
involved in working so hard in this recovery process.
November 1, 2016
46
CITY COUNCIL
LIAISON REPORTS
ITEM#66466
4:49 P.M.
There were no City Council Liaison Reports.
November 1, 2016
47
CITY COUNCIL
COMMENTS
ITEM#66467
4:49 P.M.
Councilman Dyer advised the Process Improvement Planning Group met with Barry Frankenfield —
Director, Planning on ways to improve the Planning and DSC process.
November 1, 2016
48
AGENDA REVIEW SESSION
ITEM#66468
4:50 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
J. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND Section 21-332.1 of the City Code re parking exemptions for Service
Disabled Veterans
2. Ordinance to DECLARE 5361 Cleveland Street to be EXCESS and AUTHORIZE the City
Manager to execute the necessary documents with SOLUTIONS ENTERPRISES,LLC
3. Resolution to GRANT a sixty(60)-day extension to United States Management, LLC(USM)
re a loan commitment for the Arena development
4. Ordinance to CONFIRM a Declaration of a Local Emergency re Hurricane "Matthew"
5. Ordinance to AUTHORIZE the City Manager to EXECUTE all documents for a lease of
property from the Commonwealth of Virginia at Camp Pendleton re transoceanic fiber
communication cables and ESTABLISH a FY 2018 Capital Improvement Project re in-kind
utilities
6. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned
property known as Fleming Circle for Mayfair,Inc. re additional parking spaces
DISTRICT 6—BEACH
7. Resolution to CONFIRM the City Attorney's appointment of Tobias L. Eisenlohr as Assistant
City Attorney, effective November 7, 2016
8. Ordinances to APPROPRIATE:
a. $1.4-Million to the Fire Department from FEMA re Virginia Task Force 2 Urban
Search and Rescue Team deployment re Hurricane "Matthew"
b. $57,492 from the Social Services Gift Fund re various Human Services programs
COUNCILMAN MOSS WILL VOTE NO ON ITEM#2
MAYOR SESSOMS WILL ABSTAIN ON ITEM#2
Item #3 WILL BE CONSIDERED SEPERATELY
COUNCILMAN UHRIN, COUNCIL LADY WILSON and COUNCILMAN WOOD FILED
DISCLOSURE LETTERS
MAYOR SESSOMS WILL ABSTAIN ON ITEM#6
November 1, 2016
49
AGENDA REVIEW SESSION
ITEM#66468
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
K. PLANNING
1. THOMAS BROWN for a Variance to Section 4.4(b)and(d) of the Subdivision
Regulations to create two (2) new lots at 843 Muth Lane DISTRICT 2-KEMPSVILLE
2. 1094 DIAMOND SPRINGS ROAD for a Modification of Conditions to redevelop the site
re an Animal Hospital at 1094 Diamond Springs Road DISTRICT 2-KEMPSVILLE
3. NEW JERUSALEM CHURCH for a Modification of Conditions re parking to improve an
existing parking area at 118 Bishop Thoroughgood Avenue DISTRICT 6—BEACH
4. VIRGINIA BEACH RECYCLING,INC. and BENJAMIN ROD and MICHAEL V.
RODRIGUEZ for a Conditional Use Permit re solid waste recycling at 2544 and 2552
Aviator Road(West Oceana)DISTRICT 3—ROSE HALL
5. ANCIENT ART TATTOO STUDIO IV,LLC and VILLAGE ASSOCIATES,LLLP for a
Conditional Use Permit re a tattoo parlor and piercing at 2605 Virginia Beach Boulevard
DISTRICT 6-BEACH
6. NIMMO CEMETERY ASSOCIATION for a Conditional Use Permit re Columbarium at
2200 Princess Anne Road DISTRICT 7—PRINCESS ANNE
MAYOR SESSOMS WILL ABSTAIN ON ITEM#4
MAYOR SESSOMS WILL ABSTAIN ON ITEM#5
VICE MAYOR JONES FILED HIS DISCLOSURE LETTER RE ITEM#6
November 1, 2016
50
ITEM#66469
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:
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition of real property for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
Princess Anne District
Beach District
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff members or consultants pertaining to actual or probable litigation,
where such consultation or briefing in open meeting would adversely
affect the negotiating or litigating posture of the public body; or
consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal advice
by such counsel pursuant to Section 2.2-3711(A)(7).
• Estate of Doris Virginia Baxter v. City of Virginia Beach
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
• Appointee Performance Evaluations
November 1, 2016
51
ITEM#66469
(Continued)
Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council voted to
proceed into CLOSED SESSION at 4:52 P.M.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
Closed Session 4:52 P.M. - 5:59 P.M.
November 1, 2016
52
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
November 1,2016
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, November 1, 2016, at 6:00 P.M.
Council Members Present:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and
Rosemary Wilson
Council Members Absent:
James L. Wood left after Closed Session
INVOCATION: Pastor John Allen
Crosscurrent 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.
November 1, 2016
53
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 Garrett Hartman from Boy Scout Troop 364.
November 1, 2016
54
Item—VII-E
CERTIFICATION
ITEM#66470
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and
Rosemary Wilson
Council Members Absent:
James L. Wood
November 1, 2016
ti
u ;s
OF OUR XM�
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#66469 Page 51 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.
R Hodges Fraser,MMC
ity Clerk November 1, 2016
55
Item -VII-F
MINUTES ITEM#66471
Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council
APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of October 18, 2016.
Voting: 9-0
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 and Rosemary Wilson
Council Members Abstaining:
John D. Moss
Council Members Absent:
James L. Wood
November 1, 2016
56
Item VII—H.1
MAYOR'S PRESENTATION ITEM#66472
PROCLAMATION—NATIVE AMERICAN HERITAGE MONTH
Lee Lockamy—Nansemond Indian Tribal Council
Mayor Sessoms welcomed Lee Lockamy, Nansemond Indian Tribe Council and presented a Proclamation
declaring NOVEMBER 2016 "NATIVE AMERICAN HERITAGE MONTH". The Mayor called upon the
Citizens, Government Agencies, Public and Private Institutions, Businesses and Schools in the City to
recognize the contributions of Native Americans to the history and development of the City, State and
Nation and to commemorate this month with appropriate activities.
Mayor Sessoms further acknowledges the contributions of the Nansemond Indian Tribe to the vitality of
the City, both past and present, and the pride we have in their association with the community.
November 1, 2016
PROCLAMATION
Native American Heritage Month
Nansemond Indian Tribe
November 2016
WHEREAS: Native Americans have made use of the natural resources in Virginia and Virginia
Beach for over 15,000 years;and
WHEREAS: Native Americans prospered in Virginia as hunters and gatherers for thousands of
years living in bands and encampments;and
WHEREAS: Native Americans developed tribal relationships and settled in hamlets and
villages;and
WHEREAS: The Chesapeake Indian tribe resided in a village in Virginia Beach at the time of
or just prior to the early seventeenth century settlement of the region by England;
and
WHEREAS: Members of the Nansemond Indian tribe moved eastward settling in areas that
included Virginia Beach;and
WHEREAS: An Indian reservation in the Pungo area of Virginia Beach was occupied by
Nansemond Indians in the late seventeenth century;and
WHEREAS: The Commonwealth of Virginia officially recognized the Nansemond Indian tribe
in 1985;and
WHEREAS: Members of the Nansemond Indian tribe play an essential role in the Virginia
Beach community today;and
WHEREAS: November was first declared as Native American Heritage Month in the United
States of America in 1990;and
WHEREAS:November is also commemorated as Native American Heritage Month in the
Commonwealth of Virginia;
NOW,THEREFORE,I,William D.Sessoms,Jr.,Mayor of the City of Virginia Beach,
Virginia,do hereby proclaim
November 2016
Native American Heritage Month
In Virginia Beach,and furthermore call upon the citizens,government agencies,public and
private institutions,businesses and schools in Virginia Beach to recognize the contributions of
Native Americans to the history and development of the city,state and nation and to
commemorate this month with appropriate activities.
I further wish to acknowledge:
the contributions of the Nansemond Indian tribe to the
vitality of Virginia Beach, both past and present, and the
pride we have in their association with our community.
In testimony whereof,I have hereunto set my hand and caused the Official Seal of the City of
Virginia Beach,Virginia,to be affixed this 1g day of November,two thousand sixteen.
William D.Sessoms,Jr.
Mayor
57
ADOPT AGENDA
FOR FORMAL SESSION ITEM#66473
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
November 1, 2016
59
Item - VII-J
ORDINANCES/RESOLUTIONS
ITEM#66475
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY
CONSENT: Agenda Items 1, 2(MOSS VERBAL NAY AND MAYOR SESSOMS ABSTAIN), 4, 5,
6(MAYOR SESSOMS ABSTAIN), 7 and 8a/b/.
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and
Rosemary Wilson
Council Members Absent:
James L. Wood
November 1, 2016
60
Item-VII-J.1
ORDINANCES/RESOLUTIONS
ITEM#66476
The following individual registered to speak:
Barbara Messner registered to speak.
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT: Ordinance to AMEND Section 21-332.1 of the City Code re parking exemptions for Service
Disabled Veterans
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and
Rosemary Wilson
Council Members Absent:
James L. Wood
November 1, 2016
REQUESTED BY MAYOR SESSOMS AND COUNCILMEMBER MOSS
1 AN ORDINANCE TO AMEND CITY CODE SECTION
2 21-322.1 TO ADD A PAID PARKING EXEMPTION
3 FOR SERVICE-DISABLED VETERANS
4
5 Section Amended: § 21-322.1
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 21-322.1 of the Code of the City of Virginia Beach, Virginia, is
11 hereby amended and ordained to read as follows:
12
13 Sec. 21-322.1. - Veterans' paid parking exemption.
14
15 (a) A veteran to whom special license plates issued under Virginia Code Sections
16 46.2-741 (Pearl Harbor Survivor), 46.2-742 (Purple Heart), 46.2-742.1 (Bronze
17 Star or Silver Star), 46.2-742.1:1 (Air Medal), 46.2-742.2 (Navy Cross,
18 Distinguished Service Cross, Air Force Cross, or Distinguished Flying Cross),
19 46.2-745 (Medal of Honor), or 46.2-746 (Prisoner of War), or 46.2-739 (Service-
20 Disabled Veterans) have been issued, or a person transporting such veteran in a
21 motor vehicle displaying special license plates, may park such motor vehicle,
22 without charge, in a parking space in a City parking facility or a metered parking
23 space.
24
25 (b) This section shall not exempt a vehicle displaying special license plates from
26 compliance with any other state law or ordinance, including, but not limited to,
27 limitations on the types of vehicles that may park in certain reserved parking
28 spaces and time-based restrictions on parking in City parking facilities or metered
29 parking spaces.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 1 s t
day of November , 2016.
APPROVED AS TO LEGAL SUFFICIENCY:
VAt, ik—
Roderick R. Ingra
City Attorney's Office
CA13792
R-2
October 25, 2016
61
Item-VII-J.2
ORDINANCES/RESOLUTIONS
ITEM#66477
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT: Ordinance to DECLARE City Property at 5361 Cleveland Street to be EXCESS and
AUTHORIZE the City Manager to execute the necessary documents with SOLUTIONS
ENTERPRISES,LLC
Voting: 8-1
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond,
John E. Uhrin and Rosemary Wilson
Council Members Voting Nay:
John D. Moss
Council Members Abstaining:
Mayor William D. Sessoms, Jr.
Council Members Absent:
James L. Wood
November 1, 2016
1 AN ORDINANCE DECLARING 14,579 SQ. FT. OR
2 0.335 ACRES +/- OF CITY PROPERTY (A PORTION
3 OF GPIN 1467-55-7079) LOCATED NEAR 5361
4 CLEVELAND STREET TO BE IN EXCESS OF THE
5 CITY'S NEEDS AND AUTHORIZING THE CITY
6 MANAGER TO EXECUTE ALL DISPOSITION AND
7 EXCHANGE DOCUMENTS WITH SOLUTIONS
8 ENTERPRISES, LLC
9
10 WHEREAS, the City of Virginia Beach (the "City") is making improvements to
11 Clearfield Avenue and Cleveland Street as a part of the Greenwich Road/Cleveland
12 Street Crossover Project (CIP 2-401) (the "Project"), in advance of VDOT's project for
13 the new Interstate 264 flyover;
14
15 WHEREAS, Solutions Enterprises, LLC, owns the property located at 5361
16 Cleveland Street and the adjacent lot, upon which Virginia Integrated Communications
17 ("ViCom") operates, and which will be impacted by the Project;
18
19 WHEREAS, it is necessary for the City to acquire 5,203 Sq. Ft. (0.119 Acres) for
20 right-of-way; 124 Sq. Ft. (0.003 Acres) for a utility easement; and 31,724 Sq. Ft. (0.728
21 Acres) for temporary construction easements from Solutions (collectively, the "Solutions
22 Property");
23
24 WHEREAS, in an effort to move the Project forward, Solutions and the City
25 propose a transaction that includes the exchange of real property and various
26 improvements upon the City property which will all be set forth in a written agreement
27 (the "Exchange Agreement");
28
29 WHEREAS, the City is the owner of a certain parcel of land comprising 14,579
30 Sq. Ft. (0.335 Acres) located near Cleveland Street and more particularly described on
31 Exhibit A attached hereto and made a part of this Ordinance (the "City Remnant"),
32 which is residual area from property acquired for the Project and is not needed for
33 public purposes; and
34
35 WHEREAS, the City Council finds that it is in the best interests of the City to 1)
36 declare the City Remnant in excess of the City's needs and exchange the City Remnant
37 for the Solutions Property; and 2) take other action in accordance with the Summary of
38 Terms, attached hereto as Exhibit B and incorporated herein.
39
40 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
41 VIRGINIA BEACH, VIRGINIA:
42
43 That the 14,579 Sq. Ft. (0.335 Acre) City Remnant is hereby declared to be in
44 excess of the needs of the City of Virginia Beach and that the City Manager is hereby
45 authorized to execute the Exchange Agreement and any other documents needed to
46 convey the City Remnant to Solutions Enterprises, LLC and acquire the Solutions
47 Property, provided such documents are in substantial conformity with the terms set forth
48 in the Summary of Terms attached as Exhibit B, and such other terms, conditions or
49 modifications deemed necessary and sufficient by the City Manager and in a form
50 deemed satisfactory by the City Attorney.
51 This Ordinance shall be effective from the date of its adoption.
52
53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day
54 of November , 2016.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL
- SUFFICIENCY
At
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Public orks/Real Estate City Attorney's Office
CA13835
\\vbgov.com\dfs l\applications\citylawprod\cycom32\wpdocs\d022\p023\00322264.doc
R-1
October 20, 2016
EXHIBIT "A"
Property to be exchanged between CITY from SOLUTIONS ENTERPRISES, LLC:
1. "Solutions Property" — Property to be Conveyed to CITY from SOLUTIONS
ENTERPRISES, LLC
a. Portion of Lot 38; GPIN: 1467-55-8065:
ALL THAT certain lot, piece or parcel of land, together with the
improvements thereon, belonging, situate and being in the City of
Virginia Beach, Virginia and being designated and described as
"PROPERTY TO BE CONVEYED FOR RIGHT-OF-WAY PURPOSES
AREA = 1,570 SQ. FT. OR 0.036 ACRES," as shown on that certain
plat entitled, "RESUBDIVISION PLAT OF PROPERTY OF SOLUTIONS
ENTERPRISES, L.L.C. AND THE CITY OF VIRGINIA BEACH
VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50', dated March 7, 2016
and revised through August 23, 2016, prepared by Precision
Measurements, Inc., to which reference is made for a more particular
description.
TOGETHER WITH the right and temporary easement to use the
additional areas designated and described as "TEMPORARY
CONSTRUCTION EASEMENT TO BE CONVEYED AREA = 13,124
SQ. FT. OR 0.0301 ACRES," as shown on the aforesaid plat for
construction cut and/or fill slopes as required for the proper execution
and maintenance of work. Said temporary right and easement will
terminate when there no longer exists the necessity for maintenance or
until such time as all construction has terminated and the Grantee
accepts the work as being completed.
b. Portion of Lot 37; GPIN 1467-55-9071:
ALL THAT certain lot, piece or parcel of land, together with the
improvements thereon, belonging, situate and being in the City of
Virginia Beach, Virginia and being designated and described as
"PROPERTY TO BE CONVEYED FOR RIGHT-OF-WAY PURPOSES
AREA =3,633 SQ. FT. OR 0.083 ACRES," as shown on that certain
plat entitled, "RESUBDIVISION PLAT OF PROPERTY OF
SOLUTIONS ENTERPRISES, L.L.C. AND THE CITY OF VIRGINIA
BEACH VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50', dated March 7,
2016 and revised through August 23, 2016, prepared by Precision
Measurements, Inc., to which reference is made for a more particular
description.
TOGETHER WITH the right and temporary easement to use the
additional areas designated and described as "TEMPORARY
CONSTRUCTION EASEMENT TO BE CONVEYED AREA = 18,600
SQ. FT. OR 0.0427 ACRES," as shown on the aforesaid plat for
construction cut and/or fill slopes as required for the proper execution
and maintenance of work. Said temporary right and easement will
terminate when there no longer exists the necessity for maintenance or
until such time as all construction has terminated and the Grantee
accepts the work as being completed.
c. Permanent Utility Easement (Located on a portion of Lot 37):
ALL THAT certain lot, piece or parcel of land, together with the
improvements thereon, belonging, situate and being in the City of
Virginia Beach, Virginia and being designated and described as
"PUBLIC UTILITY EASEMENT TO BE CONVEYED AREA = 124 SQ.
FT. OR 0.003 ACRES," as shown on the aforementioned plat in #a
above.
2. "CITY Remnant" - Property to be conveyed to SOLUTIONS ENTERPRISES, LLC
from CITY:
Portion of GPIN 1467-55-7079:
ALL THAT certain lot, piece or parcel of land, together with the
improvements thereon, belonging, situate and being in the City of
Virginia Beach, Virginia and being designated and described as
"PROPERTY TO BE CONVEYED TO SOLUTIONS ENTERPRISES,
L.L.C. FROM THE CITY OF VIRGINIA BEACH AREA = 14,579 SQ.
FT. OR 0.335 ACRES," as shown on that certain plat entitled,
"RESUBDIVISION PLAT OF PROPERTY OF SOLUTIONS
ENTERPRISES, L.L.C. AND THE CITY OF VIRGINIA BEACH
VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50', dated March 7, 2016
and revised through August 23, 2016, prepared by Precision
Measurements, Inc., to which reference is made for a more particular
description.
RESERVING UNTO THE CITY that certain drainage easement
designated and described as "PUBLIC DRAINAGE EASEMENT TO BE
RETAINED AREA =1,890 SQ. FT. OR 0.043 ACRES" as shown on the
aforementioned plat. City acknowledges that the aforementioned public
drainage easement will be located over a parking lot, and Solutions
shall have the right to make full use of the area upon which the Public
Drainage Easement exists, so long as such use does interfere with the
City's right to operate and maintain the Public Drainage Easement.
AND FURTHER RESERVING UNTO THE CITY a temporary
construction easement over the entire parcel as described above and
shown on the aforesaid plat as "PROPERTY TO BE CONVEYED TO
SOLUTIONS ENTERPRISES, L.L.C. FROM THE CITY OF VIRGINIA
BEACH AREA = 14,579 SQ. FT. OR 0.335 ACRES,", for construction
cut and/or fill slopes as required for the proper execution and
maintenance of work. Said temporary right and easement will
terminate when there no longer exists the necessity for maintenance or
until such time as all construction has terminated and the City accepts
the work as being completed.
EXHIBIT B
SUMMARY OF TERMS
PARTIES: City of Virginia Beach ("City")
Solutions Enterprises, LLC, a Virginia limited liability
company ("Solutions")
CITY PROPERTY TO
BE EXCHANGED: 14,579 Sq. Ft. (0.335 Acre) of City property ("City
Remnant"), portion of GPIN: 1467-55-7079, located near
5361 Cleveland Street
SOLUTIONS PROPERTY
TO BE ACQUIRED BY
CITY FOR ROAD
PROJECT: 5,203 Sq. Ft. (0.119 Acres) for right-of-way, 124 Sq. Ft.
(0.003 Acres) for a utility easement, and 31,724 Sq. Ft.
(0.728 Acres) for temporary construction easements from
properties owned by Solutions, portion of GPINs: 1467-55-
8065 and 1467-55-9071, (collectively, the "Solutions
Property")
CONDITIONS OF SALE
• The City and Solutions will each bear their own closing costs.
• At closing Solutions will transfer the Solutions Property to the City, free and
clear of all liens and encumbrances, and the City will transfer the City Remnant
to Solutions, reserving to the City all necessary easements for the Project and
for drainage.
• City will make improvements to the City Remnant for Solutions to use as a
parking lot (the "Parking Lot Improvements") to mitigate Solutions' loss of
parking due to the Project.
• Solutions will accept the City Remnant and Parking Lot Improvements as total
just compensation for the Solutions Property and damages to the residue, if
any.
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WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER
MAYOR BUILDING 1
2401 COURTHOUSE DRIVE
In Reply Refer to 0059209 VIRGINIA BEACH,VA 23456-9000
(757)385-4581
FAX(757)385-5699
wsessoms @ vbgov.co m
November 1, 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 an ordinance declaring approximately .335 acres of City property near
5361 Cleveland Street to be excess and authorizing the City Manager to execute
disposition and exchange documents with Solutions Enterprises, LLC.
2. Solutions Enterprises, LLC 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,
/(Y/(/(7(J(44
William D. Sessoms
Mayor
WDS/RRI
62
Item -VII-J.3
ORDINANCES/RESOLUTIONS
ITEM#66478
The following individuals registered to speak:
Barbara Messner spoke in OPPOSITION. Ms. Messner feels there are a number of City Council
Members that should not vote as they have a conflict of interest. However, each time each Member of
City Council casts a vote. The project was denied less than one month ago and now it is being brought
back with the request for extension of time to determine funding.
Beatrice Browder spoke in OPPOSITION. Ms. Browder feels the City does not need the Arena and, most
definitely does not need a "train" to transport people to the Arena. Ms. Browder feels the City needs
fresh members on City Council that will have the Citizens as their Number 1 priority. Public Safety,
education and infrastructure are the government's responsibility, not entertainment.
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED:Resolution
to GRANT a sixty (60)-day extension to United States Management, LLC (USM) re a loan commitment
for the Arena development
Voting: 9-1
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Vice Mayor Louis R. Jones,
Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor
William D. Sessoms,Jr., John E. Uhrin and Rosemary Wilson
Council Members Voting Nay:
Barbara M Henley
Council Members Absent:
James L. Wood
Councilman Uhrin, Council Lady Wilson and Councilman Wood Filed Disclosure Letters
November 1, 2016
1 RESOLUTION GRANTING A SIXTY
2 DAY EXTENSION TO OBTAIN A LOAN
3 COMMITMENT FOR THE ARENA
4
5 WHEREAS, on behalf of the City of Virginia Beach (the "City"), the City Manager
6 and City staff have engaged in extensive negotiations with representatives of United
7 States Management, LLC, and its affiliates (collectively "USM"), regarding the
8 development of an arena on City-owned property adjacent to the Virginia Beach
9 Convention Center (the "Arena");
10
11 WHEREAS, City staff and representatives of USM developed a non-binding term
12 sheet for the construction and operation of the Arena (the "Arena Term Sheet").
13
14 WHEREAS, on December 9, 2014, by Resolution RES-03707, the City Council of
15 the City of Virginia Beach (the "City Council") approved the Arena Term Sheet dated
16 November 25, 2014 and authorized the development of definitive project documents
17 (the "Project Documents");
18
19 WHEREAS, the Arena Term Sheet reflected the understanding of the City
20 Council and USM of the terms and conditions for the development of the Arena and
21 served as a basis for the definitive, binding documents between the parties;
22
23 WHEREAS, on December 8, 2015, by Resolution RES-03760 (the "Approval
24 Resolution"), City Council adopted a Resolution approving (i) the execution of the
25 Project Documents, and (ii) authorizing the transfer of approximately 5.8 acres of land
26 (the "Project Land") to the City of Virginia Beach Development Authority (the "Authority")
27 on the terms set forth in the Project Documents.
28
29 WHEREAS, the parties executed a Development Agreement dated December
30 11, 2015, with a form of the remaining Project Documents attached thereto as exhibits
31 (the "Development Agreement");
32
33 WHEREAS, the Project Documents contemplated that USM would obtain a loan
34 to finance its obligations for the development of the Arena from a foreign lender in the
35 principal amount of approximately $170M, and that USM would also contribute $40M in
36 equity to the completion of the Arena (the "Financing").
37
38 WHEREAS, the Development Agreement contains a deadline for USM to deliver
39 to the City a loan commitment letter from an institutional investor to finance the Arena
40 ("Loan Commitment Deadline");
41
42 WHEREAS, if the Loan Commitment Deadline is not met by USM, the City would
43 have the right to terminate the Development Agreement by giving written notice to USM;
44
45 WHEREAS, the original Loan Commitment Deadline as set forth in the
46 Development Agreement was September 9, 2016, subject to two 30-day extensions;
47 WHEREAS, on July 12, 2016 City Council adopted RES-03799 which endorsed
48 a proposed change to the financing structure proposed by USM and also extended the
49 Loan Commitment Deadline to November 8, 2016 (the "Endorsement Resolution");
50
51 WHEREAS, USM has continued to work to satisfy the Loan Commitment
52 requirement, but has indicated it will not meet the November 8, 2016 Loan Commitment
53 Deadline;
54
55 WHEREAS, USM has requested that the City extend the Loan Commitment
56 Deadline until January 7, 2017;
57
58 WHEREAS, (i) the deadline for closing on the Financing (the "Loan Closing")
59 remains eight months after delivery of the Loan Commitment, and (ii) the deadline for
60 commencing construction on the Arena remains ten months after Loan Closing, and (iii)
61 the deadline for completing the Arena remains October 1, 2019; with all such deadlines
62 subject to extension as provided for in the Development Agreement; and
63
64 WHEREAS, City Council is of the opinion that allowing USM additional time to
65 provide the Loan Commitment contemplated in the Development Agreement is in the
66 public interest.
67
68 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
69 OF VIRGINIA BEACH, VIRGINIA:
70
71 1. The Loan Commitment Deadline is hereby extended to January 7, 2017.
72
73 2. The City Manager is hereby authorized to execute such documents as are
74 necessary to document this extension, and such other terms, conditions or
75 modifications as may be acceptable to the City Manager and in a form deemed
76 satisfactory by the City Attorney.
77 1st
78 Nodotbedrby the Council of the City of Virginia Beach, Virginia, on the day
79 of , 2016.
• a AS TO CONTENT: APPROVED A . •
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SUFFICIE :01,
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ity tanager City Attorney —_
CA13846
vbgov.com\DFS I ApplicationslCityLawProdcycom32Wpdocs,D025\P02 I\00329166.docx
R-1
October 25, 2016
UsM
United States Management
September 26, 2016
Attachments
United States Management, LLC(USM)
Virginia Beach Arena
Disclosure Statement Form
1. Applicant Disclosure
A. USM Manager, LLC(100%)
Key USM Officers:
a. Edward S.Garcia, Chairman*
b. Andrea M. Kilmer, President and CEO
c. Michael F. Gelardi,Vice President
d. Joseph E.Gelardi,Vice President
e. Joshua D. Kellam,Vice President
f. Valerie L.Wilkinson,CFO
g. Brittany M.Jeffries,Assistant Secretary and Treasurer\
*Denotes controlling member
2. Services Disclosure
The Virginia Beach Arena Project Team composition is listed below. An individual contract has
been finalized with S.B. Ballard Construction Company.This list is by no means comprehensive,as
USM intends to make reasonable efforts to utilize SWAM and minority businesses in support of
City of Virginia Beach goals and any such contracts may not be negotiated until modifications to
the final development agreement have been approved.
A. Accounting Firm: E. Attorney/Legal Services
Wall, Einhorn &Chernitzer, P.C. Greenberg Traurig, LLP
Wilks,Alper& Harwood, P.C.
B. Architect& Engineers: McGuireWoods
Clark Nexsen Kaufman &Canoles
AECOM
C. Construction Firm:
S.B. Ballard Construction
Company
D. Source of Financing:
B.C. Ziegler, Investment Bank
Page 1 of 1
United States Management, LLC• 3333-24 Virginia Beach Blvd. •Virginia Beach,Virginia 23452
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VBgov.com
JOHN E.UHRIN PHONE: (757)200-7005
COUNCILMAN-DISTRICT 6-BEACH JUHRIN @VBGOV.COM
Refer to File No. 0059215
November 1, 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 granting a sixty day extension to obtain a loan commitment
for the arena.
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.
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
215 ATLANTIC AVENUE, VIRGINIA BEACH,VIRGINIA 23451
Mrs. Ruth Hodges Fraser -2- November 1, 2016
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H)
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.
Sine ly,
Jo E. Uhrin
C ncilmember
JEU/RRI
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OUR NAS'°
ROSEMARY WILSON PHONE: (757)422-0733
COUNCIL LADY AT-LARGE FAX (757)385-5669
Refer to File No. 0059214
November 1, 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 granting a sixty day extension to obtain a loan commitment
for the arena.
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
pursuing, any potential future listing in the immediate vicinity of the proposed
arena project.
921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451
Mrs. Ruth Hodges Smith -2- November 1, 2016
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H)
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,
0,--6/'7-'-t-''--)
, 1,,,c_t-e-cj,--
Rosemary A. Wilson
Councilmember
RAW/RRI
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�3 �i�y of Vires;iriia I beach
6 OF OUR NP
VBgov,corn
JAMES L.WOOD PHONE: (757)340-8411
COUNCILMAN-DISTRICT 5-LYNNHAVEN FAX (757)340-2082
jlwood@vbgov.com
Refer to File No. 0059216
November 1, 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 granting a sixty day extension to obtain a loan commitment
for the arena.
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 22nd 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- November 1, 2016
Re: Disclosure 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.
*cerel ,
Jam-. . Wood
_ a , cilmember
JLW/RRI
63
Item-VII-J.4
ORDINANCES/RESOLUTIONS
ITEM#66479
The following individual registered to speak:
Barbara Messner registered to speak.
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT: Ordinance to CONFIRM a Declaration of a Local Emergency re Hurricane "Matthew"
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and
Rosemary Wilson
Council Members Absent:
James L. Wood
November 1, 2016
1 AN ORDINANCE CONFIRMING THE DECLARATION OF A
2 LOCAL EMERGENCY
3
4 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of
5 emergency management to declare the existence of a local emergency, subject to
6 confirmation by the governing body;
7
8 WHEREAS, in conformity with the Commonwealth of Virginia Emergency
9 Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), City Council, by
10 adoption of §§ 2-411 through 2-413 of the City Code, created the Office of Emergency
11 Management and appointed the City Manager as the Director of Emergency
12 Management;
13
14 WHEREAS, in response to the severe damage caused by Hurricane Matthew,
15 the City Manager, as the Director of Emergency Management, issued a Declaration of
16 Local Emergency on October 9, 2016, effective at 12:01a.m.; and
17
18 WHEREAS, citizens continue to struggle with the devastating aftermath of the
19 event, and the City continues to take actions to address the emergency.
20
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
22 OF VIRGINIA BEACH, VIRGINIA:
23
24 1. That, pursuant to Virginia Code § 44-146.21, the City Council hereby
25 confirms the Declaration of Local Emergency issued by the City Manager on October 9,
26 2016, a copy of which is attached hereto and incorporated by reference; and
27
28 2. That the City Council will adopt an additional ordinance during a future
29 meeting to the end the declared emergency once the City Council has concluded that all
30 necessary emergency actions have been taken.
Adopted by the Council of the City of Virginia Beach on the 1st day of
November , 2016.
APP' e D AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Jirti
# •
David L. lirnsen Elizabed:. DeJarnette f
City Manager's Office City Attorney's Office
CA13663
R-2
October 24, 2016
DECLARATION OF LOCAL EMERGENCY
I, the undersigned, as City Manager and Director of Emergency Management for
the City of Virginia Beach, find the imminent threat of hurricane generated winds and
rain forecasted to cause coastal flooding and the very real possibility of tornadoes and
power outages, along with the loss or interruption of vital City services posed by
Hurricane Matthew to be of sufficient severity and magnitude to warrant coordinated
local government action to prevent or alleviate any potential damage, loss, hardship or
suffering. Therefore, pursuant to Code of Virginia § 44-146.21, as amended, I hereby
declare the existence of a Local Emergency in the City of Virginia Beach beginning
October 9, 2016 at 12:01 a.m..
In accordance with this Declaration, the Office of Emergency Management and
all other appropriate City agencies are hereby vested with, and authorized to carry out, all
powers, duties and functions prescribed by State a local laws, rules, regulations and plans
as may be necessary to adequately and appropriately respond to said Local Emergency.
(.,... ;
L.
David L. Hansen, City Manager &
Director of Emergency Management
(Date)
64
Item -VII-J.5
ORDINANCES/RESOLUTIONS
ITEM#66480
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT: Ordinance to AUTHORIZE the City Manager to EXECUTE all documents for a lease of
property from the Commonwealth of Virginia at Camp Pendleton re transoceanic fiber communication
cables and ESTABLISH a FY 2018 Capital Improvement Project re in-kind utilities
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and
Rosemary Wilson
Council Members Absent:
James L. Wood
November 1, 2016
1 AN ORDINANCE TO (1) AUTHORIZE THE CITY
2 MANAGER TO ENTER INTO A LEASE WITH THE
3 COMMONWEALTH OF VIRGINIA FOR A
4 PORTION OF PROPERTY ON CAMP
5 PENDLETON TO LAND SUBMARINE CABLES
6 AND EXTEND TELECOMMUNICATIONS CABLES
7 TO THE CITY RIGHT-OF-WAY, AND (2) DIRECT
8 INCLUSION OF A CAPITAL PROJECT FOR
9 CONSIDERATION IN THE FY 2018 BUDGET
10 PROCESS
11
12 WHEREAS, the City of Virginia Beach Departments of Economic Development
13 and Information Technology (the "City") have been working together to bring
14 transoceanic fiber communication cables to Virginia Beach (the "Transatlantic Fiber
15 Initiative"). The first step of the Transatlantic Fiber Initiative includes landing the highest
16 capacity subsea cable ever to cross the Atlantic Ocean at Croatan Beach, located on
17 State Military Reservation - Camp Pendleton ("Pendleton");
18
19 WHEREAS, the Commonwealth of Virginia (the "Commonwealth") has agreed to
20 execute a lease with the City (the "Lease") for the portion of Pendleton needed for the
21 cable landings and telecommunications pathway (the "Property") in exchange for the
22 City's construction of water and sewer improvements on Pendleton (the "Utilities"),
23 estimated by City staff to cost approximately $1,300,000; and
24
25 WHEREAS, the City intends to recoup the cost of the Utilities by entering into
26 subleases with third parties who will provide access to companies such as Microsoft,
27 Facebook and Telefonica, leading to the ultimate location of data centers and
28 technology-related companies in Virginia Beach in furtherance of the City's economic
29 development.
30
31 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
32 VIRGINIA:
33
34 1. That the City Manager or his designee is authorized to execute all
35 documents that may be necessary or appropriate in connection with the Lease, so long
36 as such documents are in accordance with the Summary of Terms attached hereto as
37 Exhibit A and made a part hereof and containing such other terms and conditions
38 deemed necessary and sufficient by the City Manager and in a form deemed
39 satisfactory by the City Attorney.
40
41 2. To allow City Council consideration of constructing such Utilities as part of
42 the FY 2018 budget process, City staff is directed to include a capital project in the FY
43 2018 Capital Improvement Program to provide the Utilities as in-kind consideration of
44 the Lease.
45
1st
46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
47 of November , 2016.
CA13845
R-1
PREPARED: 10/26/16
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BUDGET & MANAGEMENT PUBLIC UTILITIES
SERVICES
EXHIBIT A
SUMMARY OF TERMS
LESSOR: Department of Military Affairs — Commonwealth of Virginia
LESSEE: City of Virginia Beach
PROPERTY: A portion of State Military Reservation — Camp Pendleton
("Pendleton") as needed for landing of subsea cables and
laying conduit to connect to the City right-of-way. The
portion includes the Croatan Beach and Parking Lot, and a
Telecommunications Pathway through Pendleton, as shown
on the Location Map.
CONSIDERATION: a) One-time, up-front, in-kind payment of installation of water
and sewer ("Utilities") on Pendleton, estimated to cost $1.3M
b) The City will sublease portions of Pendleton to third
parties (the "Subleases") to land the subsea cables and
further run the conduit through Pendleton to the City right-of-
way. Revenue received from the Subleases will be used to
recoup the actual cost of the Utilities expended by the City.
After the actual cost of Utilities is recouped by City, then City
will pay to Commonwealth 75% of all income received from
the Subleases for use of the Property.
LEASE TERM: Forty (40) years
ADDITIONAL TERMS:
• City will prepare and keep records of all income received from use of the
Property, and will submit report to Lessor annually.
• Lessor will accept ownership of the Utilities upon completion, and will be
responsible for all charges for utility services and all repair and maintenance.
• All subleases will require prior written consent of the Lessor, which consent
shall not be unreasonably withheld.
• All construction shall be coordinated through the SMR-CP Commander, and
whenever practical shall be limited to the months of October through March.
• All financial obligations are subject to appropriation.
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65
Item-VII-J.6
ORDINANCES/RESOLUTIONS
ITEM#66481
The following individual registered to speak:
Barbara Messner objects to giving City-owned property to a private developer to create additional
parking for the new higher-density residential property. This property is where the jet crash happened
and the City should not increase the density in this area.
Mayor Sessoms advised the proposed density is actually lower than what is there now.
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-owned
property, known as Fleming Circle, for Mayfair, Inc. re additional parking spaces DISTRICT 6 —
BEACH
IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance to AUTHORIZE a temporary encroachment into a portion of
City-owned property, known as Fleming Circle, for Mayfair, Inc. re
additional parking spaces(GPIN 2417694172)DISTRICT 6—BEACH
The following conditions shall be required:
1. 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.
2. Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
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.
3. It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, 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.
4. 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.
5. 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.
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.
November 1, 2016
66
Item-VII-J.6
ORDINANCES/RESOLUTIONS
ITEM#66481
(Continued)
7. It is further expressly understood and agreed that the Grantee agrees that no open
cut of the public roadway will be allowed, except under extreme circumstances.
Requests for exceptions must be submitted to the Highway Operations Division of
the Department of Public Works for final approval.
8. It is further expressly understood and agreed that the Grantee must obtain a permit
from the Civil Inspections Division of the Department of Planning prior to
commencing any construction within the Encroachment Area(the "Permit').
9. It is further expressly understood and agreed that prior to issuance of a right-of-
way Permit, the Grantee must post a bond or other security, in the amount of two
times their engineer's cost estimate, to the Department of Planning to guard
against damage to City property or facilities during construction.
10. 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.
11. 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
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the First day of November, Two
Thousand Sixteen.
November 1, 2016
67
Item -VII-16
ORDINANCES/RESOLUTIONS
ITEM#66481
(Continued)
Voting: 9-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond,John E. Uhrin and Rosemary Wilson
Council Members Abstaining:
Mayor William D. Sessoms,Jr.
Council Members Absent:
James L. Wood
November 1, 2016
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE A TEMPORARY
4 ENCROACHMENT INTO A PORTION OF THE
5 RIGHT-OF-WAY KNOWN AS FLEMING DRIVE
6 LOCATED ADJACENT TO 1003 FLEMING CIRCLE
7
8 WHEREAS, Mayfair Inc., a Virginia corporation ("Mayfair") desires to
9 construct and maintain 4 parking spaces(2 handicap and 2 regular)(the"Encroachment")
10 in the City's right-of-way known as Fleming Drive, located off of Birdneck Road. The
11 Encroachment would extend approximately 11 feet for a distance of 45 feet (345 square
12 feet) adjacent to 1003 Fleming Circle; and
13
14 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
15 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
16 the City's right-of-way subject to such terms and conditions as Council may prescribe.
17
18 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20
21 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Mayfair and its assigns and
23 successors in title are authorized to construct and maintain a temporary encroachment for
24 4 parking spaces(2 handicap and 2 regular) extending approximately 11 feet in the City's
25 right-of-way known as Fleming Drive for a distance of 45 feet(347 square feet), as shown
26 on the map entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR MAYFAIR, INC", a
27 copy of which is attached hereto as Exhibit A and is on file in the Department of Public
28 Works and to which reference is made for a more particular description;
29
30 BE IT FURTHER ORDAINED that the Encroachment is expressly subject to
31 those terms, conditions and criteria contained in the Agreement between the City of
32 Virginia Beach and Mayfair (the "Agreement"), an unexecuted copy of which has been
33 presented to the Council in its agenda, and will be recorded among the records of the
34 Clerk's Office of the Circuit Court of the City of Virginia Beach;
35
36 BE IT FURTHER ORDAINED, that the City Manager or his authorized
37 designee is hereby authorized to execute the Agreement; and
38
39 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
40 such time as Mayfair and the City Manager or his authorized designee execute the
41 Agreement.
42
43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 s t
44 day of November , 2016.
i
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUF- NCY AND FORM:
PUBLI es WORKS REAL ESTATE ►. TORNEY
CA13628
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October 18, 2016
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GPIN#: 2417-69-4150-0000
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LAND PLANNING SOLUTIONS EXHIBIT A PROJECT NO.
COV003
1403 Greenbrier Pkwy.STE.205 ENCROACHMENT DATE 5OCT16
Chesapeake,VA.23320 REQUEST DR. RLR
0 757.935.9014 F 757.935.9015 SHT. 1 of 1
www.landplanningsolutions.com FOR MAYFAIR, INC
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 19th day of October, 2016, by and
between the CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and MAYFAIR INC., a Virginia corporation,
ASSIGNS AND SUCCESSORS IN TITLE, "Grantee".
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot A"; as shown on that certain plat entitled:
"RESUBDIVISION OF PROPERTY OF MAYFAIR, INC. (INSTRUMENT NUMBER
20151230001241860) AND LOTS 1-3 SUBDIVISION OF "THE SANDS AT BIRDNECK"
(INSTRUMENT NUMBER 20151006000978930) VIRGINIA BEACH, VIRGINIA", dated
February 12, 2016, and revised through July 17, 2016, prepared by Alphatec Surveyors
Ltd., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia as Instrument No. 20160822000745880, and being further
designated, known, and described as 1003 Fleming Circle, Virginia Beach, Virginia
23451;
WHEREAS, it is proposed by the Grantee to construct and maintain 4
parking spaces, (2 handicap and 2 regular), extending approximately 11 feet into the
City's right-of-way for a distance of 45 feet, containing 345 square feet (the "Temporary
Encroachment"), in the City of Virginia Beach; and
GPIN: (CITY RIGHT OF WAY— NO GPIN REQUIRED OR ASSIGNED)
GPIN: 2417-69-4172; (1003 Fleming Circle)
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of the City's
right-of-way known as Fleming Drive, adjacent to 1003 Fleming Circle (the
"Encroachment Area"); and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT A
ENCROACHMENT REQUEST FOR MAYFAIR, INC" a copy
of which is attached hereto as Exhibit "A" and to which
reference is made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
2
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee agrees that
no open cut of the public roadway will be allowed except under extreme circumstances.
Requests for exceptions must be submitted to the Highway Operations Division of the
Department of Public Works, for final approval.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Civil Inspections Division of the Department of Planning prior to
commencing any construction within the Encroachment Area (the "Permit").
It is further expressly understood and agreed that prior to issuance of a
right-of-way Permit, the Grantee must post a bond or other security, in the amount of
3
two times their engineer's cost estimate, to the Department of Planning to guard against
damage to City property or facilities during construction.
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.
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.
4
IN WITNESS WHEREOF, the said Mayfair Inc., a Virginia corporation,
has caused this Agreement to be executed in its corporate name and on its behalf by
Patrick Gill, its President. 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.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By: (SEAL)
City Manager/Authorized
Designee of the City Manager
COMMONWEALTH 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
My Commission Expires:
My Registration Number:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
COMMONWEALTH 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
My Commission Expires:
My Registration Number:
6
MAYFAIR INC, a Virginia corporation
i
B :Ti' Cikei (SEAL)
Patrick Gill, President
COMMONWEALTH OF VIRGINIA
CITY I CO F-OF A/to A 6 I , to-wit:
L
The foregoing instrument was acknowledged before - '• ifOCilbb—PA
t_2016, by Patrick Gill, as President of M. - a" In , a Virginia
Corporation. M.�
i 1 / (SEAL)
N'i" - !,•C
My Commission Expires: 7/2/h7
/ 7_
My Registration Number:
1 JOANNE C. GARRETT
I Notary Public
Commonwealth of Virginia
202648
My Commission Expires Aug 31,2017
APPROVED AS TO CONTENT APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
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VBgov.com
WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER
BUILDING 1
MAYOR 2401 COURTHOUSE DRIVE
In Reply Refer to 0059210 VIRGINIA BEACH,VA 23456-9000
(757)385-4581
FAX(757)385-5699
wsessoms@vbgov.com
November 1, 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 an ordinance to authorize a temporary encroachment into a portion of City
right-of-way known as Fleming Drive located adjacent to 1003 Fleming Circle.
Mayfair, Inc. requested this encroachment.
2. Mayfair, Inc. has disclosed that TowneBank (via its merger with Monarch Bank)
provides the corporation with financial services.
3. I have a personal interest in TowneBank, which is located at 600 22°1 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,
illiam D. Sessoms
Mayor
WDS/RRI
68
Item-VII-J.7
ORDINANCES/RESOLUTIONS
ITEM#66482
The following individual registered to speak:
Barbara Messner spoke in OPPOSITION.
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT: Resolution to CONFIRM the City Attorney's appointment of Tobias L. Eisenlohr as
Assistant City Attorney, effective November 7, 2016
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and
Rosemary Wilson
Council Members Absent:
James L. Wood
November 1, 2016
1 A RESOLUTION APPOINTING TOBIAS L. EISENLOHR TO
2 THE POSITION OF ASSISTANT CITY ATTORNEY
3
4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA:
6
7 That pursuant to§ 2-166 of the City Code, Tobis L. Eisenlohr is hereby appointed to
8 the position of Assistant City Attorney, effective November 7, 2016.
9
10 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of
11 November 2016.
APPROVED AS TO CONTENT AND
LEGAL SUFFICIENCY:
Mark D. Stiles, City Attorney
CA 13662
R-1
October 12, 2016
69
Item-VII-J.8a
ORDINANCES/RESOLUTIONS
ITEM#66483
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT: Ordinances to APPROPRIATE:
a. $1.4-Million to the Fire Department from FEMA re Virginia Task Force 2
Urban Search and Rescue Team deployment re Hurricane "Matthew"
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and
Rosemary Wilson
Council Members Absent:
James L. Wood
November 1, 2016
1 AN ORDINANCE TO APPROPRIATE FUNDS
2 RELATED TO THE MOBILIZATION OF
3 VIRGINA TASK FORCE 2 URBAN SEARCH
4 AND RESCUE TEAM
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 That $1,400,000 in funding from the Federal Emergency Management
10 Administration is hereby appropriated, with federal revenue increased accordingly, to
11 the Fire Department's FY 2016-17 Operating Budget for costs associated with the
12 Virginia Task Force 2 mobilization for Hurricane Matthew.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day
of November 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:
cisr iLV),fLOATh
David Bradley Dana.Natrneyer
Budget and Management Services City Attorney's Office
CA13670
R-1
October 17, 2016
70
Item-VII-.1.86
ORDINANCES/RESOLUTIONS
ITEM#66484
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT: Ordinances to APPROPRIATE:
b. $57,492 from the Social Services Gift Fund re various Human Services
programs
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and
Rosemary Wilson
Council Members Absent:
James L. Wood
November 1, 2016
1 AN ORDINANCE TO APPROPRIATE FUND BALANCE
2 FROM THE SOCIAL SERVICES GIFT FUND FOR
3 VARIOUS HUMAN SERVICES PROGRAMS
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 That $57,492 from the fund balance of the Social Services Gift Fund is hereby
9 appropriated, with revenues increased accordingly, to the FY 2016-17 Operating Budget
10 of the Department of Human Services to provide funds for various Human Services
11 Programs including the Holiday Project, Pennies for Prescriptions, Domestic Violence
12 Assistance and Memories and Education Milestones.
Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of
November 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:
ID9UuN6 7)__J\a*
David Bradley D na-Iarm y r
Budget and Management Services -City Attorney's Office
CA13671
R-1
October 19, 2016
71
Item—VII-K
PLANNING ITEM#66485
1. THOMAS BROWN SUBDIVISION VARIANCE
2. 1094 DIAMOND SPRINGS ROAD MODIFICATION OF CONDITIONS
3. NEW JERUSALEM CHURCH MODIFICATION OF CONDITIONS
4. VIRGINIA BEACH RECYCLING,INC. CONDITIONAL USE PERMIT
5. ANCIENT ART TATTOO STUDIO,IV CONDITIONAL USE PERMIT
6. NIMMO CEMETERY ASSOCIATION CONDITIONAL USE PERMIT
MAYOR SESSOMS WILL ABSTAIN ON ITEM#4
MAYOR SESSOMS WILL ABSTAIN ON ITEM#5
VICE MAYOR JONES FILED HIS DISCLOSURE RE ITEM#6
November 1, 2016
72
Item-VII-K
PLANNING ITEM#66486
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT: Items 1, 2, 3, 4(MAYOR SESSOMS ABSTAIN), 5(MAYOR SESSOMS ABSTAIN) and 6
of the PLANNING AGENDA
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and
Rosemary Wilson
Council Members Absent:
James L. Wood
November 1, 2016
73
Item—VII-K.1
PLANNING ITEM#66487
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and
CONDITIONED, BY CONSENT: Ordinance upon application of THOMAS BROWN for a Variance to
Section 4.4 (b) and (d) of the Subdivision Regulations to create two (2) new lots at 843 Muth Lane
DISTRICT 2-KEMPSVILLE
IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of THOMAS BROWN for a Variance to
Section 4.4 (b) and (d) of the Subdivision Regulations to create two (2)
new lots at 843 Muth Lane (GPIN 1468531419) DISTRICT 2-
KEMPSVILLE
The following conditions shall be required:
1. The subdivision of the Parcel shall be substantially in accordance with the
submitted Subdivision Exhibit entitled, "SUBDIVISION OF PROPERTY OF
THOMAS A. BROWN LOCATED AT 843 MUTH LANE (GPIN: 1468-53-1419)
(Inst. #20160222000140720) (MB. 8, P. 26)" dated April 29, 2016, and prepared
by Hayden Frye and Associates, Inc. Said Plan has been exhibited to the Virginia
Beach City Council and is on file in the Planning Department.
2. A final Plat shall be recorded with the Clerk of Court reflective of the layout
referenced herein.
3. Legal ingress/egress for Parcels Al and A2 shall be maintained at all times,
through ingress/egress easement(s), no less than ten- (10) feet in width. Said
easement(s)shall be depicted and recorded on the final Plat.
at Both Parcels A-1 and A-2 shall connect to the City sanitary sewer. A private
Utility easement shall be depicted and recorded on the final Plat
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, First day of November, Two
Thousand Sixteen.
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and
Rosemary Wilson
Council Members Absent:
James L. Wood
November 1, 2016
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Item—VII-K.2
PLANNING ITEM#66488
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and
CONDITIONED, BY CONSENT: Ordinance upon application of 1094 DIAMOND SPRINGS ROAD
for a Modification of Conditions to redevelop the site re an Animal Hospital at 1094 Diamond Springs
Road DISTRICT 2-KEMPSVILLE
IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of 1094 DIAMOND SPRINGS ROAD for a
Modification of Conditions to redevelop the site re an Animal Hospital
at 1094 Diamond Springs Road (GPIN 1468384531) DISTRICT 2-
KEMPSVILLE
The following conditions shall be required:
1. When the property is redeveloped, other than the note regarding the replacement of
the existing freestanding LED sign, it shall be in substantial conformance with the
Exhibit entitled, "Preliminary Site Plan for Sajo Farms Veterinary Clinic Addition
at 1094 Diamond Springs Road, Virginia Beach, Virginia," prepared by Land
Design and Development, Inc., dated August 11, 2016, which has been exhibited to
the Virginia Beach City Council and is on file in the Department of Planning.
2. When the building is constructed on the site, it shall be in substantial conformance
with the Exhibits entitled, "Hope Springs Veterinary at Sajo Farm,"prepared by
Andre Marquez Architects, which have been exhibited to the Virginia Beach City
Council and are on file in the Department of Planning.
3. In the event the existing freestanding sign is replaced, any new freestanding sign
shall be a monument-style sign, with a design that matches the building in
Condition No. 2 above, in terms of color scheme and materials. Said sign shall
meet all applicable Zoning Ordinance requirements and shall be submitted to the
Planning Director for determination of compliance with this standard prior to the
issuance of a Sign Permit.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, First day of November, Two
Thousand Sixteen.
Voting: 10-0
Council Members Voting Aye:
M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and
Rosemary Wilson
Council Members Absent:
James L. Wood
November 1, 2016
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Item—VII-K.3
PLANNING ITEM#66489
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED and
CONDITIONED, BY CONSENT: Ordinance upon application of NEW JERUSALEM CHURCH for a
Modification of Conditions re parking to improve an existing parking area at 118 Bishop Thoroughgood
Avenue DISTRICT 6-BEACH
IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of NEW JERUSALEM CHURCH for a
Modification of Conditions re parking to improve an existing parking
area at 118 Bishop Thoroughgood Avenue (GPINs 2417535550,
241 753 645 7, 2417535356, 2417534482, 2417536413 and 241 7535389)
DISTRICT 6—BEACH
The following conditions shall be required:
1. The site shall be developed in substantial conformance with the submitted Plan,
"Concept Plan, Proposed Parking Lot for New Jerusalem Church, Virginia Beach,
Virginia,"prepared by Gallup Surveyors&Engineers, and dated June 30, 2016.
2. The Applicant shall submit a Photometric Plan for review and approval by the
Virginia Beach Planning Department. All fixtures shall be of an appropriate height
and design so as to prevent any direct reflection or glare towards adjacent uses
and City streets. Lighting should be directed down at the ground and not
horizontally or up in the air.
3. As provided for by Section 221(i) of the City Zoning Ordinance and upon a finding
by the City Council that good cause has been shown and there will be no
significant detrimental effects on surrounding properties, the deviations from the
required yard setbacks by the two existing buildings located on the site are deemed
appropriate.
This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, First day of November, Two
Thousand Sixteen.
Voting: 10-0
Council Members Voting Aye:
M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and
Rosemary Wilson
Council Members Absent:
James L. Wood
November 1, 2016
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Item—VII-K4
PLANNING ITEM#66490
The following individual registered to speak:
Barbara Messner spoke in OPPOSITION. The Agenda stated the request is regarding solid waste
recycling. Ms.Messner wonders how close it will be to other businesses.
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED and
CONDITIONED, BY CONSENT: Ordinance upon application of VIRGINIA BEACH RECYCLING,
INC. and BENJAMIN ROD and MICHAEL V. RODRIGUEZ for a Conditional Use Permit re solid
waste recycling at 2544 and 2552 Aviator Road(West Oceana)DISTRICT 3—ROSE HALL
IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of VIRGINIA BEACH RECYCLING,INC.
and BENJAMIN ROD and MICHAEL V. RODRIGUEZ for a
Conditional Use Permit re solid waste recycling at 2544 and 2552
Aviator Road (West Oceana)(GPINs 1495868669 and 1495962583)
DISTRICT 3—ROSE HALL
The following conditions shall be required:
1. Except as modified below, the site shall be developed in substantial conformance
with the submitted Plan, "Conceptual Site Plan Exhibit, Tidewater Green, Virginia
Beach, Virginia,"prepared by WPL, and dated June 30, 2016.
2. Fencing for the site shall not be located within the required thirty (30)foot front
yard or within any of the drainage and maintenance easements dedicated to the
City of Virginia Beach, as shown on the Plan referenced in Condition No. 1 as well
as the submitted Site Survey, "Survey Exhibit, Lot-1 and Lot 12, Oceana South
Industrial Park,"prepared by WPL, and dated June 28, 2016. There shall be no
barbed-wire, razor-wire or similar installed on the fencing.
3. A Category IV Landscape Buffer shall be installed along the eastern side of the
site. Said buffer shall not be installed within the drainage and maintenance
easements referenced in Condition 2.
4. The building on the site, labeled as "Office/3-Bay Repair Shop" on the Plan
referenced in Condition No. 1, shall substantially adhere to one of the two
submitted elevation drawings, labeled as "Virginia Beach Recycling - Office and
Repair Shop Building 1 (and Building 2)."The exterior building materials shall be
as specified on the drawings, except that the exterior material for the first floor
level shall consist of brick or split face block on the front façade and on at least 25
percent(25%)of the side facades.
5. The structure on the site, labeled as "Shingle/C&D Building (C&D Area)" shall
substantially adhere to the structure shown on the submitted photographs, labeled
"Virginia Beach Recycling-Shingle/C&D Building."
November 1, 2016
77
Item—VII-K.4
PLANNING ITEM#66490
(Continued)
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 First day of November, Two
Thousand Sixteen.
Voting: 9-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond,John E. Uhrin and Rosemary Wilson
Council Members Abstaining:
Mayor William D. Sessoms,Jr.
Council Members Absent:
James L. Wood
November 1, 2016
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WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER
MAYOR BUILDING 1
2401 COURTHOUSE DRIVE
In Reply Refer to 0059211 VIRGINIA BEACH,VA 23456-9000
(757)385-4581
FAX(757)385-5699
November 1, 2016 wsessoms@vbgov.com
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 Virginia Beach Recycling for a Conditional Use Permit
for property located at 2544 and 2522 Aviator Drive and owned by Benjamin Rod
Rodriguez and Michael Rodriguez.
2. The property owners have disclosed that TowneBank is a financial services
provider with respect to the property that is the subject of this application, and the
applicant has disclosed that TowneBank (via its merger with Monarch Bank)
provides the applicant with financial services.
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,
i)/6I(11/""---
William D. Sessoms
Mayor
WDS/RRI
78
Item—VII-K.5
PLANNING ITEM#66491
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED and
CONDITIONED, BY CONSENT: Ordinance upon application of ANCIENT ART TATTOO STUDIO
IV, LLC and VILLAGE ASSOCIATES, LLLP for a Conditional Use Permit re a tattoo parlor and
piercing at 2605 Virginia Beach Boulevard DISTRICT 6-BEACH
IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of ANCIENT ART TATTOO STUDIO IV,
LLC and VILLAGE ASSOCIATES, LLLP for a Conditional Use
Permit re a tattoo parlor and piercing at 2605 Virginia Beach Boulevard
(GPIN 1497642786)DISTRICT 6-BEACH
The following conditions shall be required:
1. A business license for the Tattoo Parlor shall not be issued to the Applicant without
the approval of the Health Department for consistency with the provisions of
Chapter 23 of the City Code.
2. The actual application of Tattoos shall not be visible from the exterior of the
establishment or from the waiting and sales area within the establishment.
3. Any onsite signage for the Tattoo establishment shall meet the requirements of the
City Zoning Ordinance, and there shall be no neon, other than individual channel
letters lighted with internal neon and as approved by the Zoning Administrator, 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. There shall be no window signage
permitted. The building signage shall not be a "box sign" and the proposed sign
package shall be submitted to the Zoning Administrator for review and acceptance
prior to the issuance of a Sign Permit.
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 First day of November, Two
Thousand Sixteen.
November 1, 2016
79
Item—VII-K.5
PLANNING ITEM#66491
(Continued)
Voting: 9-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond,John E. Uhrin and Rosemary Wilson
Council Members Abstaining:
Mayor William D. Sessoms,Jr.
Council Members Absent:
James L. Wood
November 1, 2016
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WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER
MAYOR BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VA 23456-9000
(757)385-4581
In Reply Refer to 0059212 FAX(757)385-5699
wsessoms@vbgov.com
November 1, 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 Ancient Art Tattoo Studio IV, LLC for a conditional
use permit for property located at 2605 Virginia Beach Boulevard and owned by
Village Associates, LLLP.
2. The property owner has disclosed that TowneBank is a financial services provider
with respect to the property that is the subject of this application.
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,
katei'
William D. Sessoms
Mayor
WDS/RRI
80
Item—VII-K.6
PLANNING ITEM#66492
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED and
CONDITIONED, BY CONSENT: Ordinance upon application of NIMMO CEMETERY
ASSOCIATION for a Conditional Use Permit re Columbarium at 2200 Princess Anne Road DISTRICT
7—PRINCESS ANNE
IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of NIMMO CEMETERY ASSOCIATION
for a Conditional Use Permit re Columbarium at 2200 Princess Anne
Road(GPIN 2414054907)DISTRICT 7—PRINCESS ANNE
The following conditions shall be required:
1. The location of the Columbarium shall be as depicted on the Plan, entitled,
"Proposed Site Layout," which has been exhibited to the City Council and is on
file in the Planning Department.
2. Consistent with the recommendations of the Historical Review Board, the design
and materials shall be as reported with the Certificate of Appropriateness.
This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the First day of November, Two
Thousand Sixteen.
Voting: 10-0
Council Members Voting Aye:
M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and
Rosemary Wilson
Council Members Absent:
James L. Wood
Vice Mayor Jones filed Disclosure Letter
November 1, 2016
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S OF OUR NAS'foN
LOUIS R.JONES PHONE: (757)583-0177
VICE MAYOR FAX (757)588-4659
Refer to File No. 0059213
November 1, 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, Section 2.2-3115(H), 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 Nimmo Cemetery Association for a conditional use permit for
property it owns at 2200 Princess Anne Road.
2. Hollomon-Brown Funeral Home, Inc. owns property located adjacent to the
property that is the subject of this application.
3. I have an ownership interest in Hollomon-Brown Funeral Home, Inc. The
company's corporate headquarters are located at 8464 Tidewater Drive, Norfolk,
Virginia.
4. I am a member of a group of three or more persons—property owners whose
properties are located adjacent to or across from 2200 Princess Anne Road—the
members of which may be affected by this transaction.
5. I am able to participate in this discussion fairly, objectively and in the public
interest.
1008 WITCH POINT TRAIL,VIRGINIA BEACH,VA 23455-5645
Mrs. Ruth Hodges Smith -2- November 1, 2016
Re: Disclosure Pursuant to Virginia Code § 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,
? ,
Ly VL -
ouis R. Jon
Vice Mayor 41,_/
LJR/RRI
81
ITEM VII-L
APPOINTMENTS ITEM#66493
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
HEALTH SERVICES ADVISORY BOARD
TOWING ADVISORY BOARD
November 1, 2016
82
ITEM VII-L
APPOINTMENTS ITEM#66494
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
BILLY VAUGHAN
Four year term 11/01/2016—9/30/2020
and
MICHAEL L. CULLIPHER—EX OFFICIO
AGRICULTURAL ADVISORY COMMISSION
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and
Rosemary Wilson
Council Members Absent:
James L. Wood
November 1, 2016
83
ITEM VII-L
APPOINTMENTS ITEM#66495
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
ROBERT"BOB"THORNTON—Planning Commission
Two year term 11/01/2016-10/31/2018
BARRY FRANKENFIELD-Staff Liaison
and REAPPOINTED:
WILLIAM D.ALMOND- Landscape Architect
ROBERT EDWARD BOURDON-Attorney
CHRISTYEVERETT—Chesapeake Bay Foundation
WAYNE McCOY—Environmental Scientist
EMILY STEINHILBER—Environmental Consultant
One year term 11/01/2016—10/31/2017
JASON BARNEY-Environmental
JOSHUA D. CLARK—Tidewater Builders Association
KAREN FORGET—Lynnhaven River NOW
KENNETH D. JOBE—Beaches and Waterways Commission
ROBERT S.MILLER—Civil Engineer
Two year term 11/01/2016—10/31/2018
JUNE BARRETT-McDANIELS- Civil Engineer
JEANNE EVANS-COX—Central Business District Association
CAPTAIN JOHN C.LUDFORD—Oysterman
JOHN OLIVIERI— Tidewater Builders Association
Three year term 11/01/2016—10/31/2019
GREEN RIBBON COMMITTEE
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and
Rosemary Wilson
Council Members Absent:
James L. Wood
November 1, 2016
84
ITEM VII-L
APPOINTMENTS ITEM#66496
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
GEORGE TZAVARAS—Full Member
Unexpired term thru 02/28/2018
PERSONNEL BOARD
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and
Rosemary Wilson
Council Members Absent:
James L. Wood
November 1, 2016
85
ITEM VII-L
APPOINTMENTS ITEM#66497
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
ROBERT KREBS
Unexpired term through 08/31/2017
plus three years to 08/31/2020
PUBLIC LIBRARY BOARD
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and
Rosemary Wilson
Council Members Absent:
James L. Wood
November 1, 2016
86
ITEM VII-L
APPOINTMENTS ITEM#66498
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
DAVID WEINER—Citizen
Four year term 11/01/2016—06/30/2020
2040 VISION TO ACTION COMMUNITY COALITION
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and
Rosemary Wilson
Council Members Absent:
James L. Wood
November 1, 2016
87
ITEM VII-L
APPOINTMENTS ITEM#66499
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
HARRY R. PURKEY, JR.
Five year term 01/01/2017— 12/31/2021
BOARD OF ZONING APPEALS
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and
Rosemary Wilson
Council Members Absent:
James L. Wood
November 1, 2016
88
ITEM VH-L
APPOINTMENTS ITEM#66500
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
DAVID JESTER
Three year term 01/01/2017— 12/31/2019
CHESAPEAKE BAY PRESERVATION AREA BOARD
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Russ-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and
Rosemary Wilson
Council Members Absent:
James L. Wood
November I, 2016
89
ITEM VII-L
APPOINTMENTS ITEM#6650/
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
KAYASHBY—Family Member
DOLORES BARTEL -Family Member
PHILLIP BLACK—Interested Party
DIANE JONES—Family Member
Three year term 01/01/2017—/2/31/20/9
COMMUNITY SERVICES BOARD- CSB
Voting: 10-0
Council Members Voting Aye.'
Al. 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 and
Rosemary Wilson
Council Members Absent:
James L. Wood
November 1, 2016
90
ITEM VII-L
APPOINTMENTS ITEM#66502
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
DORCAS HELFANT BROWNING
BRYAN CUFFEE -Development Authority
WILLIAM D.SESSOMS,JR., -Mayor
One year term 01/01/2017— 12/31/2077
HAMPTON ROADS ECONOMIC
DEVELOPMENT ALLIANCE
Voting: 10-0
Council Members Voting Aye:
Al. 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 and
Rosemary Wilson
Council Members Absent:
James L. Wood
November 1, 2016
91
ITEM VII-L
APPOINTMENTS ITEM#66503
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
DR. GLENN CARWELL
BERNICE POPE
Three year term 01/01/2017-12/31/2019
HISTORIC PRESERVATION COMMISSION
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and
Rosemary Wilson
Council Members Absent:
James L. Wood
November 1, 2016
92
Item -VII-O
ADJOURNMENT ITEM#66504
Mayor William D. Sessoms, Jr., DECLARED the City Council ADJOURNED at 6:23 P.M.
al_af,d111; 7/1"
Amanda Finley-Barnes, MMC
Chief Deputy City Clerk
th Hodges raser, MMC William D. Sessoms,Jr.
City Clerk Mayor
City of Virginia Beach
Virginia
November 1, 2016
93
OPEN DIALOGUE
Matt Tonnalson, 2017 Grandon Loop Road, did not respond.
Ken Chord, 3536 Clubhouse Road, Phone: 340-6829, advised he is looking forward to the upcoming
local Election and will be casting his ballot to get the "royalty" off of the City Council. He feels City
Council has proven, time and time again, that they do not care about the citizens. Instead, the City would
rather raise taxes in order to construct the buildings on the "bucket list". The City continues pushing the
Light Rail agenda even though the studies do not support it. Also, the City cannot make up their mind
with regard to the Arena. He assured the citizens living in the Windsor Woods area would appreciate
City Council taking the money for all of the "bucket list"projects and investing it into improving the
stormwater management so there will be no future or additional flooding.
ADJOURNED AT 6:27 P.M.
November 1, 2016