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HomeMy WebLinkAboutNOVEMBER 21, 2017 MINUTESVIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 11, 1017 Mayor William D. Sessoms, Jr., called to order the CITY COUNCLVSCHOOL BOARD JOINT BRIEFING on the FIVE-YEAR FINANCIAL FORECAST in Building 19, Tuesday, November 21, 2017, at 3:00 P.M Council Members Present. Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent. John E. Uhrin Family Vacation School Board Members Present: Chair Beverly M Anderson, Vice Chair Daniel D. 'Dan" Edwards, Sharon R Felton, Dorothy M `Dottie" Holtz, Victoria C. Manning, Joel A. McDonald, Kimberly A. Melnyk, Trenace B. Riggs, Carolyn T. Rye and Carolyn D. Weems School Board Members Absent: Ashley K McLeod JOINT CITY COUNCILISCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM #67575 3:00 P.M. Mayor Sessoms welcomed Greg Grootendorst, Chief Economist — Hampton Roads Planning District Commission (HRPDQ. Mr. Grootendorst expressed his appreciation to City Council and the School Board for their continued support. He advised he would he discussing the "Economy" portion of the Briefing: Hampton Roads Economic Briefing Presented to: the City of Virginia Beach amg Gmmemd.l. November ]l, zov November 21, 2017 r] JOINT CITY COUNCH✓SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM #67575 (Continued) Here are the results of the 1016American Community Survey Data for Hampton Roads: American Community Survey Data for Hampton Roads HR Rank in the ComOanble Metro A It 11 HLsii n I I Here is the Inflation Adjusted Gross Product for the Region: Hampton Roads Gross Product Inflation Adjusted 2009 Dolials $90 $RS a )X „ $80 A = $)s kp $)0 o $fis m $50 y 'u(P 'iBM1'L8A M10' M18�M10'y of-elMh0 h�4'l�'LM1�A M1O4M104� November 11, 2017 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM #67575 (Continued) Here is the Annualized Percent Change in Total Employment for the Region for Metropolitan Areas with population between ]-and 3 -Million.' Annualized Percent Change in Total Employment as% o% 35% S 3.0% O.S. MCVn ARa Averagek 2]9% mx 1 ���IIIIIIIIIII�I p5% = o� Metropolitan Areas with Population between 1 and 3 Million The Recession played a significant role in the Region which has still not recovered the jobs lost: Employment Decline and Recovery B% X0.5. Virginia —HamptonRoatls Q 4% s o% g 2% a% � 6% I .e% O YtiO.`S.tO.IS A%A%f�> �N%'86y 60'150�05 �9y%(Qyfivv'rO,.Yh'O Months An. Peak Employment November ll, 2017 V JOINT CITY COUNCH✓SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM #67575 (Continued) This chart provides a snapshot of the 10 -Year Employment Change in the Region: 10 -Year Employment Change in HR SEptembIr 2007— Septa m bor 2017 xearcbnre&Social tiniest Government XIFCUcTechnical atlon$Fmices Management .he,as Se Transportation&V[iGtles Ftlm Leena" xospithality State Govxnment Finance &Insurance WMlesale Tratle Real Estate& Leasing Intmmatia n ManobWing tl Local Govnnmem 0.@ail Trade Construction Ch.nge in P' h ° y�i OSp S• ' EmpbYment Ifs This chart provides a snapshot of the 1 -Year Employment Change in the Region: 1 -Year Employment Change in HR - Mnn1,ava&cHinifthicsarL,rt,l TransPortatican Ek Utilities Conayre,,i[bn .herRMcce FCUMtion Serckes Yientifc&TxM1nial State Govemment Fetleral Government Whalesale Tratle Local Government inearthen Finance &Imuran'. Peal Estate&leasing Loianre Pe�ssraa, Changelo I'll, lif, 01" e 15" 1? ° le e Employment November 21, 2017 M JOINT CITY COUNCILISCAOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM #67575 (Continued) The Region's unemployment rate is lower than the United States.: U.S., Virginia, & Hampton Roads Unemployment Rate z% —JSS —Hampton Roads vbglma y A. Y 8% 7 6% E .% 3% This chart provides a snapshot of Payroll Employment and Labor Force for the past twelve (11) months: Payroll Employment and Labor Force M1,,Hh Mnvin, Average ew,000 _1,h-grm11tmeim— w Emo matnam .1.— — em—oao 0, - e2a�. �eo,000 / 'amJ� V�VF �V��J� V J� `I� J' J� aF}�AV�v'✓��hV+, November 21, 2017 JOINT CITY COUNCILISCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM #67575 (Continued) The Initial Unemployment Claims is a major economic indicator: IMMM10yrn Deseasonalized 9,ffn wawwre B,WO 7,MO F wo a 5, W F o,aao 3,000 9 Zip LWO a 450 50 0S 0 1,r41 ?P d°caa dcpl �P 9p ,e sa 'Sy ti b Here is the Relative Per Capita Income: Relative Per Capita Income 130% _Shareof USrKI —Share of Yrgara VCl 8 Y 105% Sa g'c 3W% S 95% i ISs 0 85% ' g� ]5% November 21, 2017 13 JOINT CITY COUNCILISCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM #67575 (Continued) This chart provides a comparison of Median Family Incomes with the United States and the Region : U.S. and Hampton Roads Real Median Family Incomes $10.000 �R.,n„onR.A, _U$. S70," C $60.ODD n $SO." ^ $ao,wo E $30,000 8 $20,000 $10,000 $o 1M ,A ,.H Here is the Earnings Per Worker.: Earnings Per Worker :1$,100 e 510.100 �Hzmp.n Rosas—us $S,No 50.an..............................9...................• November 21, 2017 E JOINT CITY COUNCILISCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM #67575 (Continued) Here is the Annualized Real Defense Outlays since 1947. Annualized Real Defense Outlays 0 S- Quarterly Date, Seasonally Adjusted) $Lwo Waron Terror WId War n$9W 4W 9 RWar Vlelnam Wdr BU11tlup War % s.m s 5w q $Im 3Ox pl% BA6 7. $SW I $0 qa b ., ♦ U 14 .*9 ,* � A 1M .I9'A le 8 8 .1 The Military Personnel, as a Share of Hampton Roads Employment, has declined over 22,000 in the past l0 years: Hampton Roads Employment ss% r r• „.�•� 66,800 W2;fi00 M% ]s% 5 e loss �' Bsrc peg:on���i sx November 21, 2017 10 JOINT CITY COUNCILISCHOOL BOARD BRIEFING FIVE-YEAR FINANCLIL FORECAST ITEM #67575 (Continued) During the same time, Defense Contracts in Hampton Roads increased: Defense Contracts in Hampton Roads pnflot iun AS] 1iettlI 512000 C $10,000 nn F p $8,000 5 € 56,ao 5� q +9q't uv ,A �iS 9qS qy1 M A'i A9 8S M1� M1�ry�1'V°� �1 v Y � sl Yea9r Here is the Defense Expenditures and Statutory Budget Caps since 2010: Statutory Budget Caps 5750 $650 y� $600 ea $550 L&Y $500 5 $60 �Vnikmb B.Ipl IDII fiutl{ hull M, 2011 —SipkWnT dpt e.20 fin,ID¢ BiWXiun 9utll+t M.2013 $<W �fiiW Oun6uGRt M.3015 ..Mutl0�nu EpMilurts November 21, 2017 11 JOINT CITY COUNCILISCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM #67575 (Continued) General Cargo in Hampton Roads :S MExpert •Impons 20 i u S 8 to � s MMAAa The Leisure and Hospitality Industry is vitally important to the Region and remains steady: Hampton Roads Employment in the Leisure and Hospitality Industry ,00,000 so,.o W.. �0,aoo so,o0o E E OO.G00 30,000 30,000 10,000 0 dee .b e e 10119 +$y le ryO> November 21, 2017 12 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCUL FORECAST ITEM #67575 (Condnued) 13.5% 13.0% 1990 �HFSla,e S V ]3.z% SUS. Snare d 13.5% la az ox au ss.s% W u.s% z990 `4 S z las% 2016 t wa% l00% 9.s% This chart shows a disconnect of income and what is being spent: Roads Retail Sales and Incomes (iofono,-Adju ed) s35 ' -111111111111111II = 510 x 55 � 50 ti^ 10 110lye"' 1°e'^ ,g> ,yy 10 1p 110 hP 41 s90 $so s $10 $60 550 Sao 0 $w $30 S $10 a $0 8 a November 21, 2017 13 JOINT CITY COUNC7L/SCHOOL BOARD BRIEFING FIVE-YEAR FWANCIAL FORECAST ITEM #67575 (Continued) This chart provides actual dollars coming back to the Region based on the money spent Building Permits in Hampton Roads November 11, 2017 e Sor More Unrt •3or 0 UNU •2UniU •IUnh 11," 10,W0 g 9.00] E E Y 9,000 n 14A a.000 z.000 0 November 11, 2017 14 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM #67575 (Continued) This chart shows the real estate market seems to be steady.: s in Hampton Roads (seascnauv-nolNsled) 3.OW 3,500 YNew YR6eles y 3.000 392 ],500 5 1.M W 0 ye �t yep }� �!,y� �,+'{�� p �Y 1°�191T�V 1' T 1^�l'1 ®o ,,�,1 V1T This chart provides the Home Price Index in the Region, State and United States.' November 21, 2017 Home Price Index w —HR ve —US 330 8 ssR a110 EE .M. m e0a a ag a a a a a a a a g November 21, 2017 15 JOINT CITY CO(INCILiSCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM #67575 (Continued) Per (Inflation -Adjusted) 52,000 $lsm a t, U to ry $a '3 'yb 9y0 ryA v8Y h,.P ip M1d �+O � �ti0 �6 Per Capita Expenditure by Category, 2016 $2000 $1,wo $1,Wo a Hampton Roads $1,000 S 51'200 at Virginia Average $1.000 g $9N $fm c $400 50 s 'aa F•penalwre cttegwy November 2/, 2017 16 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCLIL FORECAST ITEM #67575 (Continued) Here is the Regional Per Capita Expenditures compared to the State for 1016: r Capita Compared to State, 2016 160% �grm,non PWai -- Virginia Average 100% Y 130% y 1WY � 60% JO% 0 g 0%W 3 Qry. �A°ffayf,¢'p ey},� `" � ��FrpenElwrc Category F The Region spends consistently less than the State per pupil: MHampNngOaM �NAlnk $12,W0 u 4a,aao 8 58.1)00 q S6,OOD A N Sa,000 R S2,000 So �u v�vd' tiBvv�AN" v�v�v�v�ti�ti° i°' v°vvO' vO ryO�y November 21, 2017 17 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FLUE -YEAR FINANCIAL FORECAST ITEM #67575 (Continued) The Region has lower Graduation Rates than the State: Graduation Rates i0G% Pds tha% — IIIII111� yY 00% �Haopo, Road, 30% .Virginia Gnauatlon Pau a 10% —vH:nb Graauatla Pa[P[ohort la% III/111111 8 8 8 8 8§ ozr The Region has lower Volent Crime averages than the United States: 6M YHoo ton Roads �Jrdsa States 3 SW 6 g aoo 8 300 E 1Po November 11, 2017 18 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM #67575 (Condnued) Unned State,r :,0%% iiiiii� ii Ozone Levels in Hampton Roads lao =ornneL— 90 Will e 80 S >0 u 60 so a0 8 30 � 30 10 0 , q ... November 21, 2017 19 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM #67575 (Continued) The Region's population has declined only one year since 1978: Hampton Roads Population ror 1,0o, aroo Move �iiAmiflin��lllllllllllAll Hampton Roads Population Histogram 2016 as rearsaaa o.er . eersaiea 8O to 84years mese. S toyears �s0not� •Males 0 to 14]4years 651.6 years 60 to fi4years nam L 55 to 59 years 50 to 54 years �. 45 to 49 years 6nnx 40 to 44 years 35 to 39 years 30 to 34years 25 to 29 years 20 to 24years 15 1. ]9years Mil4`o U) 14yeara u amsrm yearsrs me.� 100,000 50,000 0 50,000 1On00 eapovuan November 21, 2017 20 JOINT CITY COUNCILSCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM #67575 (Continued) Annualized Percent Change in Gross Domestic Product r a , Here are the Commuting Patterns for the Region: November 21, 2017 21 JOINT CITY COUNCILrSCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM #67575 (Continued) Here are the Commuting Patterns for the City. 400% of residents work outside the City while 30% of people working in the City live in a different locality: Conclusions? • Hampton Roads' economy is inextricably linked to federal expenditures • The region continues to struggle in the wake of the Great Recession • Hampton Roads' currently boasts a high Quality of Life • Our investments today will set the stage for our future Mayor Sessoms expressed his appreciation to Mr. Grootendorst for his informative presentation. November 21, 2017 City of Virginia Beach Demographic Overview Population with Growth Rate By Decade 1980 to 2016 0 SMA.u¢I 0�NnnueI GroMn We ' 0.,9 h W GOMn RaI¢ 'xcnxi == GwNn Role zoo mo - 100.000 23 JOINT CITY COUNCIUSCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM #6 75 75 (Continued) Here is the Population By Age Segment. The City is ' fairly young" compared to the Region: This shows the Economically Inactive compared to the Economically Active: November 21, 2017 24 JOINT CITY COUNCILISCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM #67575 (Continued) There continues to be an Imbalance of Education and Jobs. Nationally, 47% of adults over 15 have an Associate's Degree or higher while only 27% ofjobs require a degree: November 21, 2017 2s JOINT CITY COUNCILISCHOOL BOARD BRIEFING FIVE-YEAR FINANCML FORECAST ITEM #67575 (Condnued) 27.6%have housing expenses exceeding 30%of their income: The City has 24.9%of Homeowners Who Are Mortgage Free: November 21, 2017 KI JOINT CITY COUNCIIJSCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM #67575 (Condnued) Both the Median Household and Per Capita Income continue to increase: The Poverty Rates continue to decline: November 21, 2017 27 JOINT CITY COONCILISCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM #67575 (Continued) Students Qualifyingfor Free and Reduced Lunch continues to increase: �iil�lllll The City continues to have the lowest Tax Burden in the Region. November 21, 2017 Technology Changes and Impact on Revenue O Telecommunications Tax - Loss of Revenue O Marketplace Fairness Act o Sales Tax - Growth in Services vs. Retail o Other-Airbnb, E -cigarettes and Uber Revenues 0 29 JOINT CITY CO(INCILISCBOOL BOARD BRIEFING FIVE-YEAR FINANCL4L FORECAST ITEM#67575 (Continued) The projected Real Estate Revenue in FY19 is anticipated to grow 1.8%, which is a $16 -Million increase from FY18. Real Estate represents almost 50% of the General Fund's total Revenue, the variance of this Revenue source is especially important for the fiscal stability of the City: Part of the difficulty with forecasting Personal Property Revenue is the next fiscal year is being projected before the previous year's actuals are realized. This lag in revenue collection effectively means that Personal Property has to be estimated two years ahead of the last set of trend data: November 11, 1017 30 JOINT CITY COUNCLLJSCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM #67575 (Continued) General Sales, Restaurant, Business Professional and Occupancy License (BPOL) and Hotel taxes are the City's Consumer Driven Revenues: State Revenue is projected to grow by 2%; however, it is important to note that much of the Revenue is used to reimburse program speck purchases from Departments such as Human Services: November 21, 2017 Expenditure Assumptions 2% salary increase per year from FY 2018-19 to FY 2022-23 O 2% inflation O 1%increase in VRS every 2 years beginning in FY 2018-19 O Healthcare cost increasing by 3% from FY 2018-19 to FY 2022-23 O City CIP and Operating Budget commitments O Debt based on current debt schedules and projected issuances Expenses and Revenue Five Year Forecast MM MM ®Y�� CM MM MM M F1 Z)21 "J23 �Rrenoe5 P 60 Statu islaterprise Funds mA Stormwater Fund - Balanced Through Final Year of 5 Year ERU Rate Increases Slight DeLcil in FY 2022-23 Water and Sewer Fund - Balanced Through FY 2020-21 Slight Oefcits in FY 2021-22 and FY 2022-23 Waste Management Fund -Shows Deficit In Each Year of the Forecast 61 Schools' Operating Budget VBCPS' Key Budget Assumptions HTS Ln-all Side and Fetle21 Rh2nue This Iwxest retl¢cb Increasea in revNue at state and I«auevals and cant.... In remrse Me imbed at intendant cols VBCPS he$ susladed ence AOa. 201019 201920 2021 202132 202223 OA¢r Re a m.... S"­" - gnua pale redeant the relamce on rerersian facers; by $2 milhon each yea-Mme I=rpt pard anal this ddadn a scarce Is no Inter nodded to balance Me SMcd Opening Mantel Ey FY 2022-23 VBCPS' Key Bud ions EXP o Personnel Services and Fnri Benefits - Ea. year NNel—.I peNAInGWas a 2X salbeyeacease The current Vires a R&iRn¢nr System (VR$) rate M 16 3M le end a sad is drop by0 64% in FV 2(11819 to 15 Wand Rmain 9M at that rate from FY 2n19 20 through Fy 2021-23 o NorvPersonnel Eepenses - At nonpeeonnel Wdg¢I line ltemslrepatleb by lnflaOm are erpMed to Man Ey approximately 2% each ,or 01. laacasl per. - Gpilal oWay eaymdderes are egedet to Increase by appronmately U500fA to purchase five additional haplsemml a&.Masse eese year hpn 1201 a -191a N 202223 64 VBCPS' Budgetary Goals and Challenges The following list highlights i simples of factors that place considerable pressure on the School Operating butlget. g Programmi finches- expansion of e9atirgprograms or adding rave programs(ert. lopmeionO preschool and Will kindegeden) o Techi l'. t technology initial (access for all students) o Employee Comcensatime - carr hive pay increases. unified Pay Scale epuityadjustments a Employee Benefits - vests associated with heanscare(pendlng outcome chartered legislation) U State aM Federal Mandmos-new financial transparency provision In the EveryStudam Succeeds Act O2015 (ESSA) 65 VBCPS'BudqAjiMy Gnd Challenges • Lagging State Funding - state bull alic.dis nine percent less on Ic-12 instruction than It did In 2005 • Life Cycle Needs - school buses, white fleet lehicle, capietsrmulbluMgn dewces and replacement tech rology egaipment • SWdually Flawed Operating budget strategy- FY 2011118 marks the eighth consecutive year VBCPS b relying on one-time reversion funds for ongoing expenses (We million) I Enrollment aM demographies -stow d.l,.,n student enrollment projected to continue 35 JOINT CITY COUNCLUSCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM #67575 (ConBnued) Here are the Schools' Forecasted Revenues and Expenditures: Here is the Schools' Baseline Forecast November 11, 2017 Kil JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCUL FORECAST ITEM #67575 (Confined) Here is the City and Schools' Combined Expenditures and Revenues: November 21, 2017 AA.ta StA.�x 'O"I,.,A�rs,l ' "e S 5 s leis,aml s n,usam 5 uo 5`�R`s`^ 5 Is.vu.Atl 5 IR'>mHvl 5 10.mv.,svl 5 I,PUPmI 5 Is IXy vM StRml CamElrctl Figentlxurta vM Re'rtnuo F'R`"tlNORt 5 V,!�569 5 x.wsXs}„ s ?ometo.csf 5 ?u,SSL,�s 5 ?w, !se2129X 5 2MO,,AVM 5 —1.1M 5 ?i .1. G"M"J 0.MX 5 P.A1.6ll1 5 IIIPv,vul 5 I1<.616b5t1 5 Itg54AAI 5 IR November 21, 2017 37 JOINT CITY COUNCILISCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM #67575 (Continued) Mayor Sessoma expressed his appreciation to Mr. Bradley and Mr. Hamaker for their continued work. This portion of the Joint City Council/School Board Joint Briefing ADJOURNED at 3:59P.M. November 11, 2017 38`x,` 7 VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 11, 1017 Mayor William D. Sessoms, Jr., called to order the City Manager's Briefing on the CENTRAL BEACH DISTRICT STORMWATER PROJECT in the City Council Conference Room, Tuesday, November 21, 2017. at 4:07 P.M. Council Members Present.- Jessica resent: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin Family Vacation November 21, 2017 tm Mayor Sessoms advised City Council could hold interviews for the City Real Estate Assessor and the City Clerkpositions on December 12415' and 10. November 11, 2017 40 CITY MANAGER'S BRIEFINGS CENTRAL BEACHDISTRICT STORMWA TER PROJECT ITEM #67576 4:10 P.M. Mayor Sessoms welcomed Tonia Alger, Project Manager — Public Works. Ms. Alger expressed her appreciation to the City Council for their continued support. sM-6uie Beach The Central Resort District Drainage Improvement project is the only major flood control project that did not receive funding in the Capital Improvement Program The preliminary results of the ongoing Sea Level Rise and Recurrent Flooding Study has identied six (6) Focus Areas for flood risk management; the Resort Area being one of the areas: •� "Focus Areas" for flood risk management November 11, 2017 41 CITY MANAGER'S BRIEFINGS CENTRAL BEACHDISTRICT STORMWA TER PROJECT ITEM 1167576 (Continued) The Central Resort Area provides the "gateway" to the Oceanfront and is the first impression for visitors. The area is hounded by Atlantic Avenue to the East and the Convention Center to the West: The Central Resort Drainage Area contains approximately 305 acres and is comprised offour distinct, subwatersheds: November 21, 2017 42 CITYMANAGER'S BRIEFINGS CENTRAL BEACH DISTRICT STORMWA TER PROJECT ITEM #67576 (Continued) Here is an overview of the `problem ": The Problem... • Area experiences significant Flooding due to: o Inadequate Drainage Systems o Low Lying Areas o Flat Terrain o Large Runoff Volumes from Impervious Areas o Outfalls are Tidally Influenced The Problem... • Old Stormwater system incrementally constructed • Stormwater system does not conform to current design standards: quantity and quality • Sea Level Rise o Sea Level is 1 foot +/- higher today o Expected to be 1.5 feet higher (or more) in 50 years o Higher coastal water levels diminish stormwater system performance • Frequency and severity of storms are increasing November 11, 2017 43 CITYMANAGER'S BRIEFINGS CENTRAL BEACH DISTRICT STORMWATER PROJECT ITEM #67576 (Continued) Here are the areas that are prone to flooding, noting all of the Streets between 24M and 16" Streets show flooding. The lowest street elevation in the Central Resort District is 8-fi.: Here is an example of flooding at the intersection of Baltic Avenue and 11" Street. Flooding at this intersection is typical a couple of times a yearfrom an intense summer thunderstorm. November 21, 2017 CITI' KL\AGER'S BRIEFE%'GS CETTAU BE9CH DETRICT STORINATER PROJECT ITEM 567576 (Continued) Here 6 arc ¢ramp(, oflioodtng at the imeisection oid11c.9ienue and 19" Street during the double.\or- easiars that occurred in \orember 2009. This no a 30 -hour rain and wind mens m which fan (101 inches of rain fall nth six /61 stacking high tides: This is on:8i-0Srraar looking wawa+rhe Harris Taemrgrocen store during the same storm: Sm ender J. 20.7- 45 CITYM4AAGER'S BRIEFINGS CEA7R4L BE 4CH DISTRICT STORIMATER PROJECT ITEM #67576 (Condm aed) Thu u on 3O' Street looking Kest. The noct fmrslides areplctures offloading ftom Hwtcane San&'. Hurricane San& genarotod rides in the IYnnhaten Rner betumt 5 and 6 feet sctth approximmeb 'S Inches of rainfall in 2 dm's. Thu u Arctic Aienue South of 30" Street i i "Mri++e. ..Vol embe, L, 201- 66 C/Ti:1UNAGER'S BRIEMGS CEATRU BEACH DISTRICT STORIMATER PROJECT 17EV X67576 This is Ba(ticAs'enue, South 01`30' Street: This is 1ff' Sb and Cypress A,enuo. .\o'embe 11, '01- 47 CITI-J L\AGER'S BRIEFINGS CE.47R4L Bi DISTRICT STORIMATER PROJECT ITRN967S76 (Conda-19 This is lite pedestrian a u1jinvay at 30r' Street: Recunent Flooding has major iinpaca cn ri�u area. Impacts.., Resort SGA o Laigeat SGA o ProPaaad Fl devalwaro t o Major Changer in Land -um • Economic Development o Laakin Galewey o Viae Creative District between 17 acrd 21 Snreeta 0 18 Street Corr'dw Improvemenla November:: _e" 48 CITYMANAGER'S BRIEFINGS CENTRAL BEACH DISTRICT STORMWATER PROJECT ITEM #67576 (Continued) Here are the Solutions associated with the 2013 Master Drainage Plan: Solutions... In 2013 a Master Drainage Plan was developed o Evaluate the adequacy of the existing drainage system o Develop alternatives to collect and convey stonnwater o Develop a phased approach of the recommended alternatives 6 alternatives were developed o 2 alternatives were considered not feasible o Remaining 4 alternatives were further evaluated and presented to City Council in June 2015 Solutions... • After further evaluation and modeling of the 4 alternatives o The limits of the study were expanded to include the Beach Garden Park Drainage Area o Offshore ocean outfall alternative is chosen as the ultimate solution to flooding at a cost of approximately $113M o Interim projects were identified to improve drainage that are compatible with the ultimate November 21, 2017 49 CITT.1UNAGER'S RRIEFA'GS CEATR4L RE4CH DISTRICT STORIDTAM PROJECT ITEII e67S76 (Candnued) Here tithe Concepr Design b, the Poll Compmhewn'a StonmrararPrcject. Hare me some lmrrlm Projects that Mll allouve lfooding. Solutions- - Irterim projects a Arnayaie urdenvay to evaluate a poten[hl sbrmmder rri"3 mers pond dthe vwtor Center o Redma appre.madely 25 acres of drainage floe area from imersection of21 Strad and Baltic Avenue te l6 Stmet pump sti - Estimeled mat is WM o Replace 42' pipe unds r 24 Street with a large box culled or bridge - Estlmaled and is s6M Nnrember 21, 2017 .39 CITY MANAGER'S BRIEFINGS CENTRAL BEACHDISTRICT STORMWATER PROJECT ITEM #67576 (Continued) Summary... • Central Resort District Drainage Improvements project is the only flood control project that did not receive funding • The Resort Area has been identified as being extremely vulnerable to Sea Level Rise • The City has made a major investment in this area • Interim projects can be designed and constructed to improve drainage that are compatible with the ultimate solution • Recommend start design on Phase I - Redirect SW Flow from 21" Street and Baltic Avenue to 161h Street pump station and replace 42" pipe located under 24th Street with a large box culvert or bridge November 11, 2017 41 CITYMANAGER'S BRIEFINGS CENTRAL BEACH DISTRICT STORMWATER PROJECT ITEM #67576 (Continued) Coastal Storms Since 1998 STORM pVf NSF4f9 SEWFLLST WS61F/ CM - IC SCnIC mntlarc lukl 9N3 6.35 5.1 630' 1 6.11 SAS 690 ]3 5.91 55 5.50 ne5a^e 5.17 535 SM n H'nMae 1 419 AM AA,` rR l96 .0 SAS' AY 415 S.SIY Twin X'osln Yleapx YA US S.A N.... ne FM d 9M I AAA 1 SAS A35e elw&vl[ a2 rtlsalcN b MM MYw/ E4n11NVCM IrYYrBm Ytlm91N Mwtlm Mayor Sessoms expressed his appreciation to Ms. Alger and everyone working on this very important issue. November 21, 2017 52 CITY MANAGER'S BRIEFINGS CITY'S CYBER SECURITY UPDATE ITEM #67577 4:36 P.M. Mayor Sessoms welcomed Peter 'Pedro" Wallace, Director — Information Technology. Mr. Wallace expressed his appreciation to the City Council for their continued support: `Virginia Beach.,.e,,,.. I ber u, loll Cyber Security 2077 0 Pedro "Peter" Wallace CIa Here is an Overview of today's Agenda: raew W 0.0ne: Neer..(02017 Agenda r cyber smunty landsmae TMay r Gays cyber secuMy Lwds e I Ct s—my brays. November 21, 2017 53 CITY MANAGER'S BRIEFINGS CITY'S CYBER SECURITY UPDATE ITEM #67577 (Continued) 2016 was an interesting year in the world of Cyber Security as there was a change from shotgun -style attacks against a lot of users to more direct attacks against specific targets: The next few slides are examples of shocking trends in Cyber -attacks from 2017: GemMre enMq: CVW S-0 2017 Cyber Security Hacking henda Power Gdd Attacks HackHWsm November 21, 2017 54 CITY MANAGER'S BRIEFINGS CITY'S CYBER SECURITY UPDATE ITEM #67577 (Continued) Rawomware—Ransomware spiked 300%in 2016 and took in about $1 -Billion: Executive Meant: CyW sxurm 2017 Cyber Security Hacking Trends Ran=attack Traditional Hacking In October, a cyberattack took down the servers of Dyn, a company that controls most of the Internet's domain name services. Most of the East Coast's Internet services were affected., Executive Briefing: cyose5 nr y2017 Cyber Security Hacking Trends Distributed Denial of Service Attacks November 11, 1017 55 CITYMANAGER'S BRIEFINGS CITY'S CYBER SECURITY UPDATE ITEM #67577 (Continued) Spam Email volume has seen an increase of approximately 300% through 2016: E wflve MOM: Cyber Sxuriry 3017 Spam Email Volume is Inereasing WoddMde Through 1015 and 1016, a type of Spam Email, known as Ransomware, also increased 300% Ransomware is a malicious email that tricks the user into running a program that will hold data or system hostage: ..fi eMenta: C,liw S—" 3017 Ransomware Email Volume is Imreasiig Worldwide roe,aem,enomnn November 11, 2017 56 CITY MANAGER'S BRIEFINGS CITY'S CYBER SECURITY UPDATE ITEM #67577 (Continued) Freo,tlw MAng: Cyber stturHy 2017 Cyber Crime reporting is constant. Maar values are increasing. The diagram below shows random Telnet scans originating from China. Telnet is a simple, unsecured method to remote control Internet devices looking for tmsecured devices that are part of the "Internet Of Things ": Ew "9rleMnr weerS unry 2017 Cyber Professions Worry about 58% X57% 57% x•57%� Telnet scans from China going across the Ntemet. For Ne first six months of 2017 November 11, 2017 57 CITY MANAGER'S BRIEFINGS CITY'S CYBER SECURITY UPDATE ITEM #67577 (Condoned) The City averages about 1.4 -Million pieces of Email per month. Spam Email has grown to about 8 - Million messages per month. In 1016, Spam Email was only 50% higher — today it is 500% higher; however, the Email is filtered by Microsoft and pulled before it arrives in the servers: Ft the sale Brleline: Cyber Saar" 2017 or, of yr inia BuO Cyber Security Landuape 2017 SPAM Email (in millions) 2017 Valid Email (in million) M� o� w The City received 54,000 injected Emards in 1016: EuruBw Biafra: cyte stturiry 2017 Attacks Against the City of Virginia Beach Stopped 82,000 Attacks in 2016 -6 e Infected (mels Tropns B V4u56 .ININ, M` 4.x urn cWr za.h w.e..a-ronmu,I, nor November 21, 2017 4i:? CITY MANAGER'S BRIEFINGS CITY'S CYBER SECURITY UPDATE ITEM #67577 (Continued) Here is an Overview of the City's Security Programa be[ufi eSHOM:C sxurity 2017 Ciry of Vi,gioo & lh C , S ur, Propam Security Program ➢People ➢Technology ➢Process----���••+�(� ➢Facilities \pp^^\\//}}// _ 00 CiW a [e gnefin iii,h C r s Ucunl012 Ciry o! Virginia gexff Cyber Stturiry Prcgram 2017 4040 % Fercenta8e = Pd i ct Click Percentage = CIIekM ftrrentage = Did not click, but g ported ma Vm��%�cw,�rn..ns-x..m.,ar.mrr November 21, 2017 59 CITYMANAGER'S BRIEFINGS CITY'S CYBER SECURITY UPDATE ITEM #67577 (Continued) gve[utive Brlefla, Cyber ScurA, 2017 Ory of Vi,ginia Reach Cyber security Program PNISHING RED FLAGS Think Before You "Don't Click" 1e r —,w - s.� ._• Vis` r_•- The Mock Converged Architecture allows the City to ensure the confidentiality, integrity and availability ofdata and systems: Deadline Mean, Cyber seeunty 2017 Gry of Virginia Beach Cyber Security Program Rest PraRpve Gonrfr96q ArAhftMr4 O Data at Pest and while Tramported in the Whack is Encrypted 4 DAli Servers are VaItahred D S,ALem Logs are Collected and Managed Y All Mack networks operate within their own Firewall Y Backups are Encrypted and Stored mf-fte November 21, 2017 m CITYMANAGER'S BRIEFINGS CITY'S CYBER SECURITY UPDATE ITEM #67577 (Continued) rnatlue Entailing; Cyber Serum i 2017 Cit, of Virginia each nber Secants, praeram WE Practice Most Cie eratien NCOW4rk YEn<ryprm _ ✓Virtual Rating YSeparate Management Net.rks At YEncrypteci ao... w.� Management Links F.i-n -:Tryi '—�'g.� 'Enhances Manaeg nataCisia CantmiteE Access The market for cyber insurance is still developing and the City is looking at a $5 -Million policy for approximately $80, 000 per year., EQw4rc Ikkane: CyberSxunty 2017 Enterprise Cybe, Wants P¢eram- Future Cyber$eCanty Insurance November 11. 1017 61 CITYMANAGER'S BRIEFINGS CITY'S CYBER SECURITY UPDATE ITEM#67577 (Continued) Eu " MaM: Cyte StturM 3017 Chy of Vir&ia M ch CyW XmritY Pr p M Mure Secure the Human End User I Sei:urity Awareness a.1W rdlL,—, I I � — E.e u.. aw.ene. pFUMn A,pH l Fw.mre MlW Equwre n Secue>ppllrelbn Oeuebpmem Questions Mayor Sessions expressed his appreciation to Mr. Wallace for this informative presentation. November 11, 2017 62 CITY COUNCIL COMMENTS ITEM #67578 4:52 P.M. Councilman Moss advised he met with the Architect working on the construction of the new City Hall building. He was pleased to see the excess office space was removed and he is not certain the Council Chamber is overdesigned based on technology. He would like to have the same type of review at 30% completion. He would also like to make sure every square foot is accountedfor. November 21, 2017 63 AGENDA REVIEW SESSION ITEM #67579 4:55 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTION 1. Resolution naming the Virginia Beach Convention Center Ballroom, "James B. Ricketts Ballroom" 2. Ordinance to AMEND City Code ¢17-3 pertaining to the Public Library Board terms and limitations 3. Ordinance to AUTHORIZE acquisition of temporary construction and permanent drainage easements for the Burton Station /Baker Road Drainage Improvement Project by agreement or condemnation 4. Ordinances to EXECUTE an Agreement and Lease with Wildfire 5G Inc: a. Use of City -owned traffic signal pole to install wireless equipment at the intersection of Newtown and Baker Roads I. Lease bundles of City -owned darkfiber optic cable at the intersection of Newtown/Baker Roads and Northampton Boulevard/Diamond Springs Roads 5. Ordinance to ACCEPT and APPROPRIATE. a. $5,292,784from FEMA to the Central Resort District Drainage Improvements project b. $46,068 to the Fire Department for the Hazmat Team COUNCILMAN DAVENPORT WILL ABSTAIN ON ITEM #4a/b ITEM #5a WILL BE CONSIDERED SEPARATELY November 21, 2017 64 AGENDA REVIEW SESSION ITEM #67579 (Continued) BY CONSENSUS, the fallowing shall compose the Planning CONSENT AGENDA: K. PLANNING 1. WATER BOXES, LLC. a. Conditional Chance ofZonin¢from B-1 Community Business and R- 7.5 Residential to Conditional B-4 Mixed Use and P-1 Preservation b. Conditional Use Permit re multi family dwelling and commercial marina at 2100 Marina Shore Drive DISTRICT 5 - LYNNHAYEN 2. COURTHOUSE AREA CHARITY/ PRINCESS ANNE MASONIC LODGE ETC for a Conditional Use Permit re assembly use at 2849 Princess Anne Road DISTRICT 7 — PRINCESSANNE 3. CAVALIER GOLF & YACHT CLUB for closure of public right -of --way, known as Cardinal Road DISTRICT 5 — LYNNHA VEN ITEM #Ia/b WILL BE CONSIDERED SEPARATELY COUNCILMAN DAVENPORT WILL ABSTAIN ON ITEM #3 MAYOR SESSOMS WILL ABSTAIN ON ITEM #3 November 21, 2017 65 ITEM#67580 Having a potential conflict, the Mayor invited the Vice Mayor to read the Code Section related to items on the Closed Session Agenda. As such, Vice Mayor Jones 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). • Lynnhaven District • Beach District • Beach District PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(29) • Dome Site SECURITY BRIEFING: Discussion ofplans to protect public safety as it relates to terrorist activity or specific cybersecurity threats or vulnerabilities and briefings by staff members, legal counsel, or law- enforcement or emergency service officials concerning actions taken to respond to such matters or a related threat to public safety • Cybersecurity of the City's Information Technology Systems 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 2.1-3711(A)(7). • City of Virginia Beach v. Hightower, VRMC, et al. PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public iflicers, appointees or employees pursuant to Section 2.2-3711(A)(1) • Council Appointments; Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees • Candidates for the Position of Real Estate Assessor and City Clerk November 21, 2017 M ITEMN67580 (Continued) Upon motion by Councilman Dyer, seconded by Council Lady Kane, City Council voted to proceed into CLOSED SESSION at 4:59 P.M. Voting.: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: Closed Session John E. Uhrin Family Vacation 4:59 P.M. - 6:00 P.M. November 21, 2017 67 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 17, 2017 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 21, 2017, 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., Rosemary Wilson and James L. Wood Council Members Absent: Jahn E. Uhrin INVOCATION: Reverend, Pastor Steve Smith SonRise at Pembroke Manor Christian Church PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA 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 afTowne 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 idents 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¢om 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 21, 2017 M 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 ofJanuary 13, 2015, is hereby made apart 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 ofJune 2, 2015, is hereby made apart of the record. MAYOR SESSOMS RECOGNIZED BOYSCOUT TROOP 44 FROM THE I YNNHAVEN DISTRICT AS WELL AS THE LEADERS FOR VOLUNTEERING THEIR TIME AND MAKING A DIFFERENCE IN THE LIVES OF THESE YOUTH. November 21, 2017 Item —VI -E CERTIFICATION N. - ITEM #67587 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE 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: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin November 21, 2017 S�,tN1A BFq�H Ok i 5; 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 #67580 Page 66 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. uth Hodges Fraser, MMC City Clerk November 21, 2017 Fill Item -VI-F MINUTES ITEM #67582 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of November 7, 2017. Voting: 10-0 Council Members Voting Aye. Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin November 21, 2017 71 ADOPTAGENDA FOR FORMAL SESSION ITEM #67583 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 21, 2017 Item - VI -Ll PUBLIC HEARINGS 72 ITEM #67584 Mayor Sessoms DECLARED A PUBLIC HEARING: Acquisition, by agreement or condemnation Burton Station / Baker Road Drainage Improvement Project There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING November 21, 2017 Item - VI-1.2a/b PUBLIC HEARINGS 73 ITEM #67585 Mayor Sessions DECLARED A PUBLIC HEARING Wildfire 5G, Inc., License/Lease for space to install wireless equipment: a. City's traffic signal pole at the intersection of Newtown and Baker Roads b. City -owned fiber optic cable installation to connect at Newtown/Baker Roads and Northampton Boulevard/Diamond Springs Roads. There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING November 21, 2017 Item - VI4.3 PUBLIC HEARINGS 74 ITEM #67586 Mayor Sessoms DECLARED A PUBLIC HEARING: Amendment to the FY 2017-18 Capital Budget far Central Resort District Drainage Improvements The following individuals registered to speak: Jesse Wasserberg, 3881 Old Forge Road, spoke in OPPOSITION. Virginia Wasserberg, 3881 Old Forge Road, Phone: 963-8679, spoke in OPPOSITION. Heidi Jeffreys, 3805 Concord Bridge Road, Phone: 212-7075, spoke in OPPOSITION Thomas Keane, II, 2246 Sandal Wood Road, Phone: 601-831-2992, spoke in OPPOSITION. Diana Howard, spoke in OPPOSITION. Reid Greenmun, 2405 Cliff Cutter, spoke in OPPOSITION. Ken Chord, 3536 Clubhouse Road, Phone. 340-6829, spoke in OPPOSITION. Teresa Langille, 932 Truro Court, Phone: 641-1592, spoke in OPPOSITION. There being no additional speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING November 21, 2017 Item - VI -J ORDINANCESIRESOL UTLON 75 ITEM #67587 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT: Agenda Items 1, 2, 3, 4a/b(DA VENPORTABSTAINED) and 5b. Voting.' 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin November 21, 2017 Item ORDINANCES/RESOL UTION 76 ITEM #67588 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution naming the Virginia Beach Convention Center Ballroom, "James B. Ricketts Ballroom" Voting. 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin November 21, 2017 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 REQUESTED BY COUNCILMEMBER UHRIN A RESOLUTION NAMING THE BALLROOM WITHIN THE VIRGINIA BEACH CONVENTION CENTER AS "THE JAMES B. RICKETTS BALLROOM" WHEREAS, James "Jim" B. Ricketts began his career with the City of Virginia Beach in 1974 as Tourism Development Representative; WHEREAS, Mr. Ricketts was the first Department Director responsible for making Virginia Beach a vacation destination, thus becoming the director for the Virginia Beach Convention and Visitors Bureau; WHEREAS, Mr. Ricketts humbly dedicated his career to both local and national growth of the travel industry, through his tremendous work ethic and passion for regional tourism, diversity and inclusion; WHEREAS, Mr. Ricketts was a founding member of the Coastal Virginia Tourism Alliance and established the Virginia Beach Travel and Tourism Foundation; WHEREAS, Mr. Ricketts was chosen to receive the Dorothy Hardman Spirit of Southeast Tourism Society award, which recognizes professionals who epitomize the greatest attributes of the tourism industry; WHEREAS, Mr. Ricketts represented the City on the Board of Directors for the U.S. Travel Association, as well as the Travel Industry Association of America Government Relations Committee, Virginia Tourism Corporation, Southeast Tourism Society, Virginia Hospitality and Travel Association, the 1995 White House Conference on Travel and Tourism (representing Virginia), the Govemor's Commission on Development of the Virginia Travel and Tourism Industry, Virginia Travel Council, Atlantic Coastal Attractions and Ocean Highway Association; and WHEREAS, Mr. Ricketts' leadership of the Convention and Visitors Bureau led the City of Virginia Beach's tourism department to be honored four times with prestigious Destinations Council Destiny awards, the Travel and Tourism Research Association of America's J. Desmond Slattery Marketing Award and several Southeast Tourism Society Shining Example awards. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the ballroom within the Virginia Beach Convention Center, located at 1000 190 Street, is hereby renamed, and shall henceforth be known as, "The James B. Ricketts Ballroom." Adopzinc ted by the City Council of the City of Virginia Beach, Virginia, this _ day of November 2017. APPROVED AS TO LEGAL SUFFICIENCY: ;�7e-ZZ City Attorney's Office CA14241 R-2 November 15, 2017 RESOLUTION NAMING THE VIRGINIA BEACH CONVENTION CENTER BALLROOM AS "THE JAMES B. RICKETTS BALLROOM" WHEREAS: James "Jim" B. Ricketts began his career with the City of Virginia Beach in 1914 as Tourism Development Representative; WHEREAS: Mr. Ricketts was the first Department Director responsible for making Virginia Beach It vacation destination, thus becoming the Director for the Virginia Beach Convention and Visitors Bureau; WHEREAS: Mr. Ricketts humbly dedicated his career to both local and national growth of the travel industry, through his tremendous work ethic andpassion for regional tourism, diversity and inclusion; WHEREAS: Mr. Ricketts was a founding member of the Coastal Virginia Tourism Alliance and established the Virginia Beach Travel and Tourism Foundation: WHEREAS: Mr. Ricketts was chosen in recerve the Dorothy Hardman Spirit of Southeast Tourism Society award, which recognizes professionals who epitomize the greatest attributes of the tourism industry; WHEREAS; Mr. Ricketts represented the Cho on the Board of Directors for the US Travel Association, as well as, Travel Industry Association of America Government Relations Committee, Virginia Tourism Corporation, Southeast Tourism Society. Virginia Hospitality and Travel Association, Virginia Delegate to the 1995 White House Conference on Travel and Tourism, Govemar's Commission on Development of the Virginia Travel and Tourism Industry, Virginia Travel Council, Atlantic Coastal Attractions and Ocean Highway Association; and, WHEREAS: Mr. Ricketts' leadership of the Convention and Visitors Bureau lead the City of Virginia Beach's tourism department to be honored four times with prestigious Destinations Council Destirry wards, the Travel and Tourism Research Association of America's J Desmm,d Slattery Markethig Award and several Southeast Tourism Society Shining Example awards. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA; That the Ballroom within the Virginia Beach Convention Center, located at 1000190 Street, Oceanfront, is hereby renamed, and shall henceforth be known as: "The James B. Ricketts Ballroom. " Given under our hands and seals this Twenty-first day of November, T wn y9n+^r^m A66,11 Cow ML- . van wupun CownbGGaCy rfnra Nm C �y $'pm un1eh E Vfinn CounNtn4y ewarysNGon 1An;Nuyvr Go 2Sow rymHiG nmD 'MfQ'Seaoim, Jr. Item -VI -J.1 ORDINANCES/RESOLUTION 77 ITEM #67589 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AMEND City Code §17-3 pertaining to the Public Library Board terms and limitations Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin November 21, 2017 1 AN ORDINANCE TO AMEND SECTION 17-3 2 OF THE CITY CODE PERTAINING TO THE 3 PUBLIC LIBRARY BOARD 4 5 SECTION AMENDED: § 17-3 6 7 WHEREAS, the Public Library Board has requested certain changes to City 8 Code § 17-3 in order for the membership terms of the City's Library Board to be more in 9 line with the terms of library boards in other localities; 10 11 WHEREAS, current members of the City's Library Board have been appointed to 12 three-year terms, and the Board has requested that future appointments be made for 13 four-year terms (except for the student members); 14 15 WHEREAS, City Code § 2-3 provides that persons appointed by the City Council 16 to four-year terms may serve up to two consecutive four-year terms; 17 18 WHEREAS, the City Council intends that current appointees (other than the 19 student members) who at the end of their current term will have served less than eight 20 years but more than four years would be eligible for a single additional appointment to 21 one four-year term, and that current members who at the end of their current terms will 22 have served less than four years would be eligible for appointment to two consecutive 23 four-year terms; and 24 25 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 28 That Section 17-3 of the Code of the City of Virginia Beach, Virginia, is hereby 29 amended and ordained to read as follows: 30 31 Sec. 17-3. - Public library board. 32 33 (a) There is hereby created a public library board, which shall consist of not less 34 than seven (7) nor more than thirteen (13) members. The members of the board shall 35 be appointed by the citycouncil for terms of thFee-(3) four 4 years revide�-heweveF 36 37 staggered expiFatlens thepeo . Members may serve for no more than two (2) 38 consecutive four-year terms. Two (2) members shall be high school juniers students (a 39 junior and a senior), whose terms shall , expire upon their 40 graduation from high school and one (1) member shall be an employee of the ssheel 41 Virginia Beach City Public Schools. The board shall 42 select from its membership a chairman and vice-chairraaa. 43 44 (b) The public library board shall meet not less frequently than once every 45 quarter (three (3) months) and additionally, at the call of the chairman or the director of 46 public libraries. The board shall be responsible for making recommendations to the 47 council on all phases of library planning, policy and management. 48 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 21 s 49 dayof November 2017. APPROVED AS TO CONTENT: Eva Poole Public Libraries CA14134 R-3 October 30, 2017 APPROVED AS TO LEGAL SUFFICIENCY: Roderick R. Ingram City Attorney's Office Item -VI-J.3 ORDINANCESIRESOL UTION 78 ITEM #67590 Upon motion by ice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE acquisition of temporary construction and permanent drainage easements for the Burton Station / Baker Road Drainage Improvement Project by agreement or condemnation Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent John E. Uhrin November 21, 2017 I AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF TEMPORARY AND 3 PERMANENT EASEMENTS FOR BURTON 4 STATION / BAKER ROAD DRAINAGE 5 IMPROVEMENT PROJECT (CIP 7-036) BY 6 AGREEMENT OR CONDEMNATION 7 8 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 9 public necessity exists to improve the public infrastructure in the Burton Station Strategic 10 Growth Area, including stormwater drainage to drain new roads and improve flooding within 11 the City and for other related public purposes for the preservation of the safety, health, 12 peace, good order, comfort, convenience, and for the welfare of the people in the City of 13 Virginia Beach. 14 is NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 Section 1. That the City Council authorizes the acquisition by purchase or 19 condemnation pursuant to Sections 15.2-1901, et sec. and Title 25.1 of the Code of 20 Virginia of 1950, as amended, of all that certain real property including temporary and 21 permanent easements (the "Property"), as shown on the plans entitled 'BURTON 22 STATION / BAKER ROAD DRAINAGE IMPROVEMENT PLANS CIP #7-036.000,"(the 23 'Project") and more specifically described on the acquisition plats for the Project (plats and 24 plans collectively referred to as the 'Plans"), the Plans being on file in the Engineering 25 Division, Department of Public Works, City of Virginia Beach, Virginia. 2e 27 Section 2. That the City Manager is hereby authorized to make or cause to be 28 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 29 reasonable offer to the owners or persons having an interest in said Property. If refused, 30 or if the property owners are unable to convey clear title to the Property, the City Attorney is 31 hereby authorized to institute proceedings to condemn said Property. 32 21st 33 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 34 November ,2017. CA14034 10/02/2017 R-1 \\vbgov.com\dsl \applications\citylaw\cycom32\wpdoa\tl003\pD26\004249834oc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM _.r CIP PROJECT 7-036 Legend City Property 7-036 La I LOCATION MAP BURTON STATION / BAKER ROAD DRAINAGE IMPROVEMENTS CIP 7-036 SCALE: 1" = 600' Item-VIJ.4a ORDINANCESIRESOL UTION 79 ITEM #67591 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to EXECUTE an Agreement and Lease with Wildfire 5G Inc_ a. Use of City -owned traffic signal pole to install wireless equipment at the intersection of Newtown and Baker Roads Voting. 9-0 Council Members Voting Aye: Jessica P. Abbott, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Abstaining: M. Benjamin Davenport Council Members Absent John E. Uhrin November ll, 2017 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WILDFIRE, 5G, INC. FOR USE OF A CITY -OWNED TRAFFIC SIGNAL POLE LOCATED AT THE INTERSECTION OF NEWTOWN ROAD AND BAKER ROAD WHEREAS, Wildfire 5G, Inc. ("Wildfire') is working on a pilot program to offer high-speed internet service to residents of the Campus East/Lake Edward neighborhood in the City of Virginia Beach (the "Pilot Area'); WHEREAS, in order to bring the physical connectivity to the Pilot Area, Wildfire needs to place one antenna transmitter and related equipment (together, the "Equipment") on an above -ground structure located in the Pilot Area; WHEREAS, Wildfire has identified the traffic signal pole located on the southeast corner of the intersection of Newtown Road and Baker Road (the "Premises") to be a suitable location for the Equipment; WHEREAS, following successful deployment in the Pilot Area, Wildfire intends to expand its offerings to other areas of the City; and WHEREAS, Wildfire's use of the Premises would provide another option for internet connectivity to the residents of the Pilot Area, and eventually to all City residents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager, or his designee, is hereby authorized to execute an Agreement with Wildfire 5G, Inc. for use of a City -owned traffic signal pole, in accordance with the Summary of Terms attached hereto as Exhibit A, and made a part hereof, and such other terms, conditions, and modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this 21st dayof November 2017. APPROVEDASTO CONTENT: � Information Technology CA14032 R-1 November 15, 2017 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney EXHIBIT A SUMMARY OF TERMS WILDFIRE 5G — LICENSE AGREEMENT LICENSOR: City of Virginia Beach (the "City") LICENSEE: Wildfire 5G, Inc. ("Wildfire") TERM: One (1) year with the option to renew for four (4) one-year terms, upon mutual agreement of the parties. LICENSE FEE: $1000 per month' PREMISES: Southeast corner of the intersection of Newtown Road and Baker Road; Public Works GIS Identification Numbers [UNITID] =23 and [COMPKY] = 27755. PERMITTED USE: Attachment of antenna and related equipment (the "Equipment") are subject to permitting requirements of the City and obtaining all approvals as required by the City's Public Works Traffic Engineering Department. OTHER FEES: Wildfire will be responsible for payment of all taxes, electricity, permit fees, etc. as necessary for installation and maintenance of the Equipment. TERMINATION: City may terminate Wildfire's use of the Premises with sixty (60) days' notice, or immediately in the case of an emergency. LIABILITY: Wildfire required to indemnify and hold City harmless. INSURANCE: Wildfire must maintain $1 million General Commercial Liability Insurance throughout the term of the Agreement, and must provide City with certificates of insurance prior to commencing work. ` Per the Agreement, License Fee will be waived for every month that Wildfire provides Essential Connectivity to at least eighty percent (80%) of households with Students ("Students") in the Pilot Area. "Essential Connectivity" is defined as the ability to connect one School -assigned Device to high-speed broadband internet within the Student's residence at connection speeds of 40 mbps to 300 mbps. A "School -assigned Device" is a Google Chromebook or similar device, owned by the City of Virginia Beach Public Schools and assigned to a Student for at-home educational use. LOCATION MAP P� r, 4? TRAFFIC SIGNAL POLE I Of OTION '•y�= a`\ N CV B F fiber N ct..11, %i b City of Virginia Beach M. BENJAMIN DAVENPORT COUNCILMAN AT LARGE In Reply Refer to 0061845 November 21, 2017 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: I would like to make the following disclosure: PHONE. 1757425N311 BDAVENPO®VNU0VCOM I am making this disclosure regarding City Council's discussion and vote on (1) an ordinance to authorize the City Manager to execute an agreement with Wildfire 5G, Inc. for use of a City -owned traffic signal pole located at the intersection of Newtown Road and Baker Road; and (2) an ordinance to authorize the City Manager to execute a lease with Wildfire 5G, Inc. for dark fiber located in the City's communications network. 2. 1 have championed the City's broadband initiative and have been a strong proponent of the benefits of high-speed Internet connections. Although the City Attorney has advised me that the State and Local Government Conflict of Interests Act allows me to participate in these transactions without restriction, I have nevertheless chosen to abstain from voting on these ordinances. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincere M. Ben Davenport Councilmember MBD/RRI 1604 WEST HILLTOP EXEC CENTER N305, VIRGINIA BEACH, VIRGINIA 23451 Item-VIJ.4b ORDINANCES/RESOLUTION 80 ITEM #67592 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to EXECUTE an Agreement and Lease with Wildfire 5G Inc.,: Lease bundles of City -owned darkfiber optic cable at the intersection of Newtown/Baker Roads and Northampton Boulevard/Diamond Springs Roads Voting: 9-0 Council Members Voting Aye. Jessica P. Abbott, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Abstaining: M Benjamin Davenport Council Members Absent John E. Uhrin November ll, 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE A LEASE WITH WILDFIRE 5G, INC. FOR DARK FIBER LOCATED IN THE CITY'S COMMUNICATIONS NETWORK WHEREAS, the City of Virginia Beach ("City") owns a fiber optic network for the purpose of providing communications capabilities to City government facilities ("City Network"), WHEREAS, certain bundles of fiber optic cable installed as part of the City Network are excess because they are not currently needed to meet the City's communications needs ("Dark Fiber"), WHEREAS, Wildfire is working to deploy a pilot program to bring high-speed broadband internet via wide -area WiFi connection points to the City; WHEREAS, in the interest of efficiency, Wildfire finds that it is prudent and economical to lease fiber optic cable, specifically, portions of Dark Fiber, from the City rather than to construct additional facilities of its own; WHEREAS, the City believes that the interest of the public, including the City's economic development goals, would be served by allowing Wildfire to lease the Dark Fiber; and WHEREAS, the proposed use of the City's Dark Fiber by Wildfire would not interfere with the City's use of the City Network. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager, or his designee, is hereby authorized to execute a lease between Wildfire and the City for a term not to exceed five (5) years, for various portions of Dark Fiber in the City Network, in accordance with the Summary of Terms attached hereto as Exhibit A and made a part hereof, and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the 21st dayof November, 2017. APPROVED AS TO CONTENT: Information Technology CA14033 R-1 November S, 2017 APPROVED AS TO LEPAL SUFFICIENCY: City Attorney's Office EXHIBIT A SUMMARY OF TERMS WILDFIRE 513 — DARK FIBER LEASE LESSOR: City of Virginia Beach ("City") LESSEE: Wildfire 5G, Inc. ("Wildfire') TERM: One (1) year with the option to renew for four (4) additional one (1) year terms, upon mutual agreement of the parties. LEASE FEE: $425 per strand/per linear mile/per month' PROPOSED USE: Initially, Wildfire will connect to the City Network at the intersection of Newtown Road/Baker Road and exit at the intersection of Northampton Boulevard/Diamond Springs Road, covering approximately 10 miles. GRANT OF LEASE: Exclusive use of two (2) strands of dark fiber, nonexclusive use of each interconnection point, and exclusive use of interconnection fibers connecting the leased fibers and each interconnection point. NO EXCLUSIVITY: Nothing in the Lease limits City's right to use or lease to others any component of the City Network (other than specific fibers and interconnection points leased to Wildfire). ACCESS TO CITY FACILITIES: All work on City Network (constructing, lashing and splicing) is to be performed by City, or by a contractor approved by City. City has right to relocate City Network. Wildfire must obtain all required permits, approvals, consents and authorizations. Wildfire required to construct or pay for construction of any infrastructure required to connect to City Network. TERMINATION: Either party may terminate the Lease upon sixty (60) days' written notice to the other party. LIABILITY: Wildfire required to indemnify and hold City harmless. Neither party is liable to other party for indirect, consequential, special, incidental or punitive damages, or lost profits. INSURANCE: Wildfire must maintain $1 million General Commercial Liability insurance throughout the term of the Lease, and must provide City with certificates of insurance prior to commencing work. SECURITY: Wildfire must provide letter of credit in favor of City or deposit funds with City Treasurer in amount equal to twenty five percent (25%) of the stated monetary annual lease fee. ' Per the Lease, Lease Fee will be waived for every month that Wildfire provides Essential Connectivity to at least eighty percent (80%) of households with Students ("Students") in the Pilot Area. "Essential Connectivity" is defined as the ability to connect one School -assigned Device to high-speed broadband internet within the Student's residence at connection speeds of 40 mbps to 300 mbps. A "School -assigned Device" is a Google Chromebook or similar device, owned by the City of Virginia Beach Public Schools and assigned to a Student for at-home educational use. LOCATION MAP V!� Virginia Beach Wildfire 5G Dark Fiber Path Mlles eA tom 0 o, 9; q�0 V 9 EYP. Z Cw Z e A � 0 9` e H,a a*' l 3 M1 F� 1 ml 1 � no's LRsapa . S BaYAmEe^Y 1 0 N a� � � m W i �"Qpy cgat�o CVBTraffic Pole - ►1 CVB Splice /V CVB Network Wildfire Dark Fiber Path ab Mhwnbvsb M. BENJAMIN DAVENPORT COUNCILMAN AT LARGE In Reply Refer to 0061845 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 City of Virginia Beach November 21, 2017 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: I would like to make the following disclosure: 1 11, 1, ..EOR, PHONE (79)425fih11 ELAVENPOOVSGOVCOM I am making this disclosure regarding City Council's discussion and vote on (1) an ordinance to authorize the City Manager to execute an agreement with Wildfire 5G, Inc. for use of a City -owned traffic signal pole located at the intersection ofNewtown Road and Baker Road; and (2) an ordinance to authorize the City Manager to execute a lease with Wildfire 5G, Inc. for dark fiber located in the City's communications network. I have championed the City's broadband initiative and have been a strong proponent of the benefits of high-speed Internet connections. Although the City Attorney has advised me that the State and Local Government Conflict of Interests Act allows me to participate in these transactions without restriction, I have nevertheless chosen to abstain from voting on these ordinances. Accordingly, 1 respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincere M. Ben Davenport Councitmember MBD/RRI 1604 WEST HILLTOP EXEC CENTER #305, VIRGINIA BEACH, VIRGINIA 23451 Item-V14..Sa ORDINANCESIRESOL UTION 81 ITEM #67593 --Combined the Public Hearing with the Ordinance Upon motion by Councilman Dyer, seconded by Council Lady Henley, City Council DEFERRED FOR 60 DAYS, Ordinance to ACCEPT and APPROPRIATE: a. $5,292,784 from FEMA to the Central Resort District Drainage Improvements project Voting. 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Ses.soms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin November 21, 2017 Item -VI-J. Sb ORDINANCES/RESOLUTION 82 ITEM #67594 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. $ 46,068 to the Fire Department for the Hazmat Team Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin November 21, 2017 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS TO THE FY 2017-18 OPERATING BUDGET OF THE FIRE DEPARTMENT FOR THE HAZMAT TEAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $46,068 is hereby accepted from the United States Department of Homeland Security and appropriated, with federal revenue increased accordingly, to the FY 2017- 18 Operating Budget of the Fire Department for the purchase of equipment forthe Hazmat Team. Adopted by the Council of the City of Virginia Beach, Virginia on the 21st day Of November 2017. Requires Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley _QAne rmeyer Budget and Management Service City Attorney's Office CA14240 R-1 November 6, 2017 83 Item —VI -K PLANNING ITEM #67595 I. WATER BORE$ LLC CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT 2. COURTHOUSE AREA CHARITY CONDITIONAL USE PERMIT 3. CAVALIER GOLF & YACHT CLUB CONDITIONAL USE PERMIT ITEM #la/b WILL BE CONSIDERED SEPARATELY COUNCILMAN DAVENPORT WILL ABSTAIN ON ITEM #3 MAYOR SESSOMS WILL ABSTAIN ON ITEM #3 November 21, 2017 84 Item -VI-K PLANNING ITEM #67596 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT: Items 2 and 3(DAVENPORT A MAYOR SESSOMS ABSTAINED) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin November 21, 2017 85 Item—VI-X.1 alb PLANNING ITEM #67597 The following individuals registered to speak: Lisa Murphy, 999 Waterside Drive, Suite 2100, Phone. 217-4537, Attorney for Applicant, spoke in SUPPORT. Brad Waitzer, 241 Mustang Trail, Phone: 286-2192, spoke in SUPPORT. Whitney Graham, 1800 Churchside Lane, Phone.' 287-4835, spoke in SUPPORT. Karen Forget, 1608 Pleasure House Road, Phone: 472-0406, spoke in SUPPORT. Riley Street, 2801 Shore Drive, spoke in SUPPORT. Heather Duggan, 2948 Buccaneer Road, Phone: 412-4663, spoke in SUPPORT. Harry Biela, Long Creek Cove, Phone: 816-1500, spoke in SUPPORT. Michael Watt, 2100 Marin Bay Cove, Phone: 434-0851, spoke in OPPOSITION. Laura Masson, 2165 Creeks Edge Drive, Phone: 227-5014, spoke in OPPOSITION. Alvin DeJesus, 2113 Marin Bay Cove, Phone: 355-3737, spoke in OPPOSITION. Jay Leach, 2116 Creeks Edge Drive, Phone: 724-4254, spoke in OPPOSITION. Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, AS PROFFERED and CONDITIONED, AS AMENDED, Ordinance upon application of WATER BOXES, LLC: a. Conditional Chanee ofZonin¢from B-2 Community Business and R-7.5 Residential to Conditional B-4 Mixed Use and P-1 Preservation b. Conditional Use Permit re multi family dwelling and commercial Marina at 2100 Marina Shore Drive DISTRICT 5 - LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of WATER BOXES, LLC: a. Conditional Chance ofZoninrfrom B-1 Community Business and R-7.5 Residential to Conditional B-4 Mixed Use and P-1 Preservation b. Conditional Use Permit re multi family dwelling and commercial Marina at 2100 Marina Shore Drive (GPINs 1499487413, portion of 1499589755) DISTRICT 5 - LYNNHAVEN November 21, 2017 86 Item—VI-K.1 alb PLANNING ITEM #67597 (Continued) The following conditions shall be required: An agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. 1. All provisions set forth in the Proffer Agreement related to the apartment building elevations and Site Layout shall serve as conditions of this Conditional Use Permit. The following conditions shall be required: 1. The sale offuel and the provision of dry-dock storage of boats shall be prohibited on this property. 2. Applicant will install a variable width paved path suitable far walking on the western side of Marina Shores Drive south of the existing stormwater detention facility ("Walkway Area") within sixty (60) days of the later of (a) the issuance of the last Certificate of Occupancyfor the multi family dwelling units, or (b) the date on which the Applicant and the Long Creek Cove Condominium Association, Inc. and/or the City, as applicable, execute an easement or applicable Agreement authorizing Applicant's use of and improvements to the Walkway Area 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, Twenty -First day of November, Two Thousand Seventeen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessions, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin November 21, 2017 - V QI 14 OM ni{-,1a3g .� 3 � P Q F-71 In Reply Refer To Our File No. DF -9566 CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: November 9, 2017 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson $w DEPT: City Attorney RE: Conditional Zoning Application; Water Boxes, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on November 21, 2017. 1 have reviewed the subject proffer agreement, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom WATER BOXES, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT ("Agreement" or "Declaration") is made and entered into as of the Effective Date (as such date is defined in this Agreement), by and between WATER BOXES, LLC, a Virginia limited liability company ("Owner'), Grantor for indexing purposes, WTZR MIS, LLC, a Virginia limited liability company (`WTZR")(Owner and WTZR are collectively referred to herein as "GRANTOR"), and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, being referred to herein as ("GRANTEE"). WITNESSETH: WHEREAS, Owner is the owner of those certain parcels of real property located in the City of Virginia Beach, Virginia, commonly referred to as 2100 Marina Shores Drive, GPIN Nos: 1499-48-7413-0000 & 1499-58-9755-0000, more particularly described in Exhibit A, attached hereto and incorporated herein by reference (collectively, the "Property"); WHEREAS, on June 15, 1987 Owner's predecessor in interest, David I. Levine and Gale M. Levine (collectively, "Prior Owner"), proffered certain covenants and conditions by instrument recorded July 7, 1987 in Deed Book 2651, Page 0218 in the Clerk's Office ("Clerk's Office") of the Circuit Court of the City of Virginia Beach, Virginia (the "Original Proffers") in connection with the original rezoning of a portion of the Property from R-6 to Conditional B-2 to provide for the development of a marina oriented facility; WHEREAS. WTZR has entered into an agreement with the Owner to purchase the Redevelopment Parcel; WHEREAS, GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to GRANTEE so as to change the Zoning Classification of an approximately 13.78 acre portion of the Property, more particularly described on Exhibit B, from Conditional B-2 to Conditional B-4 (SD) Mixed Use District (`Redevelopment Parcel") and the remaining 4.63 acre portion of the Property, more particularly described on Exhibit B, from R-7.5 to Conditional P-1 Preservation District (`Preservation Parcel"), each as depicted on the plat entitled "Marina Shores Survey Exhibit" prepared by Timmons Group ("Survey Exhibit") dated June 9, 2017, which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning ("Planning Department"); GPIN: 149948-7413-0000& 1499-58-9755-0000 Prepared by: Lisa M. Murphy, Esquire (VSB 439111) LeClair Ryan, A Professional Corporation 999 Waterside Drive, Suite 2100 Norfolk, Virginia 23510 WHEREAS, it is GRANTEE's policy to provide only for the orderly development of land for various purposes through zoning and other land development legislation; WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed rezoning, certain reasonable conditions governing the use of the Redevelopment Parcel for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the proposed rezoning gives rise; and WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before GRANTEE, as part of the proposed amendments to the Zoning Map of the City of Virginia Beach, Virginia ("Zoning Map") with respect to the Redevelopment Parcel and the Preservation Parcel, the following reasonable conditions related to the physical development, operation, and use of the Redevelopment Parcel and the Preservation Parcel to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Redevelopment Parcel and the Preservation Parcel, which have a reasonable relation to the proposed rezonings and the need for which is generated by the proposed rezonings. NOW, THEREFORE, the GRANTOR, and its successors, assigns, grantees and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or Quid oro Quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that these proffers shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTOR, and its successors, assigns, grantees and other successors in interest or title: 1. The Redevelopment Parcel shall be developed in substantial conformity with the exhibit entitled "Marina Shores — Virginia Beach, VA", prepared by Timmons Group ("Conceptual Site Plan") dated August 28, 2017, which has been exhibited to City Council and is on file with the Planning Department, 2. The architectural design and building materials of the multi -family dwelling units built on the Redevelopment Parcel shall be substantially compatible with the architectural style and materials depicted on the exhibit entitled "Marina Shores — Virginia Beach, VA", prepared by Poole and Poole Architecture, LLC, dated November 10, 2015, which have been exhibited to City Council and are on file with the Planning Department (collectively, "Elevation Plans"). 3. All structures constructed on the Redevelopment Parcel shall be subject to a maximum height limit of sixty-eight (68) feet and shall be substantially compatible with the coastal architectural style and materials depicted on the Elevation Plans. Elevations of the proposed non -multifamily structure(s) to be built on the area depicted on the Conceptual Site Plan as "Restaurant" shall be submitted to the Planning Director to determine compliance with this requirement. 4. There shall be no more than two hundred (200) multi -family dwelling units on the Redevelopment Parcel. 5. An HVAC unit for each dwelling unit will be concealed within a well on the roof of the applicable building in which such dwelling unit is located. 6. Other than eating and drinking establishments, boat sales, specialty shops, outdoor cafes, retail establishments, recreation and amusement facilities of an outdoor nature (with a conditional use permit), personal watercraft rentals (with a conditional use permit) and the conditional uses authorized in conjunction with the conditional use permits for multi -family dwellings and the commercial marina (excluding fuel sales and dry boat storage) granted by City Council contemporaneously with GRANTOR'S conditional rezoning request, no other B-4 (SD) Mixed Use District uses shall be permitted on the Redevelopment Parcel. 7. In the event that the existing restaurant and marina pool areas depicted on the Conceptual Site Plan are redeveloped with new structure(s), the architectural design and building materials of said new structure(s) shall be substantially compatible with the coastal architectural style and materials depicted on the Elevation Plans. Elevations of any proposed structures to be built on the existing restaurant and marina pool areas depicted on the Conceptual Site Plan shall be submitted to the Planning Director to determine compliance with this requirement. 8. All lighting on the Redevelopment Parcel shall be limited to that necessary for security purposes and to comply with applicable laws and shall be shielded to prevent glare and spillover onto adjacent properties. 9. The Preservation Parcel shall not be developed in any manner and shall be preserved in its natural state. No portion of the Preservation Parcel shall at any time be used for a dredge material disposal management area or a dredge material transfer site; provided, however, that those activities authorized pursuant to the Deed dated August 18, 1986, recorded in the Clerk's Office in Deed Book 2552, Page 1608 ("100' Perpetual Easement") will be allowed, but only within the portion of the Preservation Parcel encumbered by the 100' Perpetual Easement, as depicted on the Survey Exhibit ("Easement Area"), and nothing herein shall be interpreted as modifying the City's existing rights to use the Easement Area. 10. Prior to conveying title to the Preservation Parcel, in the manner addressed in Proffer #11, below, GRANTOR shall convey an easement to the owners of lots within the Cape Story by the Sea and Cape Henry Subdivisions, and their tenants, guests and invitees, for pedestrian ingress/egress and access over, across and through the Preservation Parcel from Wake Forest Street for the purpose of launching non - motorized boats and watercraft. Boat and watercraft storage of any kind shall be expressly prohibited. 11. Within eighteen (18) months of the Effective Date, GRANTOR shall convey the Preservation Parcel to a non-profit entity, subject to the above -referenced pedestrian access easement, and with a deed restriction prohibiting future development of the Preservation Parcel. 12. The existing marina shall not be expanded. 13. Further conditions lawfully imposed by development ordinances may be required by the GRANTEE during detailed site plan review and administration of applicable City Codes by City agencies and departments to meet all applicable City Code requirements. 14. The Effective Date of this Agreement shall be the date this Agreement is approved by City Council. All references herein to the B-4 (SD) Mixed Use District and the P-1 Preservation District and to the requirements and regulations applicable thereto refer to the City Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by GRANTOR and allowed and accepted by GRANTEE as part of the amendments to the Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date this Agreement is approved by City Council, specifically repeal and replace the applicable conditions associated with the Original Proffers, and shall continue in full force and effect until a subsequent amendment changes the zoning of the Redevelopment Parcel and the Preservation Parcel and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office and executed by the record owner of the Redevelopment Parcel and the Preservation Parcel at the time of recordation of such instrument, provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before City Council which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. I . The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions. GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Redevelopment Parcel and the Preservation Parcel, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office and indexed in the names of each of the GRANTOR and GRANTEE. [THIS SPACE INTENTIONALLY LEFT BLANK. SIGNATURES AND SEALS ON FOLLOWING PAGE.] WITNESS the following signature and seal. GRANTOR: WATER BOXES, LLC a Virginia limited liability company By (SEAL) e: Gale L_ Higgs ttle: Manager COMMONWEALTH OF VIRGINIA CITY OF Nti a IlL , to wit: The foregoing instrument was acknowledged before me this ZZ day of2017 by Gale L. Higgs, as Manager of WATER BOXES, LLC, a Virginia limited liability, mpany, on behalf of said company. [SEAL] "0 1, PUL/(0 w ;�2' ryed'`•••'; No Notary Fir n Registration No—7"-7-Z My Commission Expires. c.43�t'ZbZ-� [Signature Page to PrgfJered Covenants, Restrictions and Conditions] WITNESS the following signature and seal. GRANTOR: WTZR MS, LLC a Virginia limited liability com By: (SEAL) Nam Title: h�nher6er COMMONWEALTH F VIRGINIA CITY OF Vj 9 1016t to wit: '11L, �i� Yw The nginstrument as acknowledged before me this I "r `, 1day of vw� 2017 by IgiT. WQsMmber Dauer of WTZR MS, LLC, a Virginia limited liability coAipany, on behalf of said company. [SE cynthia Packill trr N ary Public �1 / q, raeryauek Registration No: 116 CJM 7 Cm.Nrbo No 71OW �1 \�I\ IQDMY Cwnmilaw E.a..,M,rA14 Def V My Commission Expires: [Signature Page to Proffered Covenants, Restrictions and Conditions] Exhibit A to Proffered Covenants, Restrictions and Conditions Legal Description of the Property ALL THAT certain lot, piece or parcel of land, with the buildings and improvements and appurtenances appertaining thereto, situate in the City of Virginia Beach, Virginia, further described as follows: PARCEL ONE: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as "PARCEL B 12.4146 ac. GPIN 1499-48-7413 MARINA SHORES -MARINA I", on that certain plat entitled: "SUBDIVISION PLAT OF MARINA SHORES LOCATED IN LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA", dated January 16, 1995, made by Bengston, DeBell & Elkins, Ltd., duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 245, page 61, reference to which is made for a more particular description of said property. PARCEL TWO: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as "MARINA SHORES -MARINA II (PARCEL I DB 2552 PG. 1608) (5.979 ac)", on that plat entitled: "SUBDIVISION PLAT OF MARINA SHORES LOCATED IN LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA", dated January 16, 1995, made by Bengston, DeBell & Elkins, Ltd., duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 245, page 61, reference to which is made for a more particular description of said property. Said property being also described as follows, to - wit: All that certain parcel of land thereon, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as "Parcel 1, Note 7, Area 5.979 Acres" as shown on that certain plat entitled, "Plat Showing Settlement Agreement Lynnhaven Borough, Virginia Beach, Virginia", dated July 1, 1986, made by Bureau of Surveys and Mapping, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2538 at page 964. TOGETHER WITH AN INGRESS/EGRESS EASEMENT DESCRIBED AS FOLLOWS: ALL THAT certain lot, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, being 24 feet in width the centerline of which is shown and depicted as "CL 24' PRIVATE INGRESS/EGRESS EASEMENT M.B. 202, PG. 23" on that certain plat entitled "PLAT OF MARINA SHORES M.B. 245 PG.61 LOCATED IN LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA", dated August 23, 1995, made by Bengston, DeBell & Elkins, Ltd., duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 245, page 89. A-1 Exhibit A to Proffered Covenants, Restrictions and Conditions (cont'd) TOGETHER WITH A VARIABLE WIDTH UTILITY EASEMENT DESCRIBED AS FOLLOWS: ALL THAT certain lot, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, which is shown and depicted as "VARIABLE WIDTH PRIVATE UTILITY EASEMENT TO BE DEDICATED FOR PARCEL B" on that certain plat entitled, "PLAT OF MARINA SHORES M.B. 245 PG. 61 LOCATED IN LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA", dated August 23, 1995, made by Bengston, DeBell & Elkins, Ltd., duty recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 245, page 89. TOGETHER WITH those certain non-exclusive easements described in the Deed of Easement to David I. Levine and Gail M. Levine from Dragas Court Yard Homes Associates, L.P. dated September 1, 1995, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3545, page 1455. (The parcel of land affected by said easements being the same as that described in the above mentioned "Ingress/Egress Easement" and the "Variable Width Utility Easement") IT BEING the same property conveyed to Water Boxes, LLC, a Virginia limited liability company by deed from Gale M. Levine, dated March 8, 2006 and recorded lune 12, 2006 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20060612000879620. A-2 Exhibit B to Proffered Covenants, Restrictions and Conditions Redevelopment Parcel Beginning at a point lying on the easterly right-of-way of Great Neck Road as it intersects with the southerly line of Parcel A recorded in map book 245 at page 61, said line being the northerly line of the Redevelopment Parcel described herein; thence leaving said intersection with the eastern right-of-way of Great Neck Road, South 74°54'51" East, a distance of 236.04 feet to a point; thence South 70°49'34" East, a distance of 35.50 feet to a point; thence North 76°53'30" East, a distance of 656.15 feet to a point; thence South 13°06'30" East, a distance of 268.00 feel to a point; thence North 76°07'00" East, a distance of 598.03 feet to a point; thence South 1306'30" East, a distance of 232.99 feet to a point; thence South 7136'20" West, a distance of 208.64 feet to a point; thence South 78°00'00" West, a distance of 375.00 feet to a point; thence South 66"00'00" West, a distance of 100.00 feet to a point; thence South 88030'00" West, a distance of 455.00 feet to a point; thence South 8248'02" West, a distance of 540.65 feet to a point; thence along the easterly right-of-way of Great Neck Road, North 0317'29" East, a distance of 62.96 feel to a point; thence North 71 °29'24" East, a distance of 26.93 feet to a point; thence North 48°17'29" East, a distance of 42.65 feet to a point; thence North 02°35'38" East, a distance of 120.53 feet to a point; thence North 04"37'33" West, a distance of 201.55 feet to a point; thence North Ol°16'59" East, a distance of 111.82 feet to the true point and place of beginning and containing 600,247 square feel or 13.78 acres more or less. The above described Redevelopment Parcel is the entirety of Parcel B as recorded in map book 245 at page 61 and a portion of Parcel I as recorded in map book 2538 at page 964. Preservation Parcel Beginning at a point located at the southwest intersection of Long Creek Drive and Maple Street recorded in map book 2538 at page 964, said point lying on the eastern most line of Parcel B recorded in map book 2538 at page 964; thence leaving said intersection and along the southerly right-of-way of Long Creek Drive, North 7607'00" East, a distance of 1,043.89 feet to a point; thence leaving said southerly right-of- way ight-o&way of Long Creek Drive, South 13°53'00" East, a distance of 160.00 feet to a point; thence South 76°00'00" West, a distance of 740.00 feet to a point; thence South 57°42'00" West, a distance of 324.05 feet to a point; thence South 71-36'20" West, a distance of 77.33 feet to a point; thence North 13"06'30" West, a distance of 232.99 feel to a point; thence North 76°07'00" East, a distance of 77.01 feet to a point; thence North 13°06'30" West, a distance of 37.00 feel to the true point and place of beginning and containing 201,592 square feet or 4.63 acres more or less. The above described Preservation Parcel is a portion of Parcel I as recorded in map book 2538 at page 964. I:DI 87 Item—VI-K.1 PLANNING ITEM #67598 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT, Ordinance upon application of COURTHOUSE AREA CHARITY/ PRINCESS ANNE MASONIC LODGE ETC far a Conditional Use Permit re assembly use at 1849 Princess Anne Road DISTRICT 7 — PRINCESSANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of COURTHOUSE AREA CHARITY / PRINCESS ANNE MASONIC LODGE ETC for a Conditional Use Permit re assembly use at 2849 Princess Anne Road (GPIN 1494461205) DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. When the site is developed, it shall be in substantial conformance with the submitted Site Layout exhibit entitled, "Conceptual Site Plan, CONDITIONAL USE SITE PLAN, PRINCESS ANNE MASONIC LODGE, 1849 PRINCESS ANNE ROAD, VIRGINIA BEACH, VA ", prepared by SUSSEX DEVELOPMENT CORPORATION, dated August 19, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations, noting that the skirt may be either brick or EIFS, entitled, "NEW MASONIC LODGE BUILDING, 1849 PRINCESS ANNE ROAD, VIRGINIA BEACH, VA ", prepared by WOODARD DESIGN P.C., DATED August 24, 2017, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The proposed monument sign shall be no taller than eight (8) feet in height and resemble the likeness of the proposed monument sign on Page Nine of the referenced report. The Applicant shall submit a permit request for any proposed signage to the Zoning Offeefor approval. This Ordinance shall be effective in accordance with Section 10709 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Twenty -First day of November, Two Thousand Seventeen. Voting. 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin November 21, 2017 r I r Q M Item —V[ -K3 PLANNING ITEM #67599 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT, Ordinance upon application of CAVALIER GOLF & YACHT CLUB for closure ofpublic right-of-way, known as Cardinal Road DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CAVALIER GOLF & YACHT CLUB for closure of public right-of-way, known as Cardinal Road DISTRICT 5 — I YNNHAVEN The following conditions shall be required.' 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. 1. The applicant shall re -subdivide the property and vacate internal lot lines to incorporate the closed area of Cardinal Road into the applicant's adjoining parcel that the right-of-way would have provided direct access to. The Plat most be submitted and approvedfor recordation prior to the final street closure approval. 3. An appropriately sized public utility easement satisfactory to the Department of Public Utilities shall be dedicated for all public utilities infrastructure located within the portion of the right-of-way to be closed. 4. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 5. No portion of the closed right-of-way shall be used for the creation of any lot(s) that increase residential density within the 65-70 dB DNL Noise Zone,' Sub -Area 3. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final Plat is not approved within one (1) year of the City Council vote to close the right-of-way, this approval shall he considered null and void. This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Twenty -First day of November, Two Thousand Seventeen. November 21, 2017 89 Item —VI -K3 PLANNING ITEM #67599 (Continued) Voting: 8-0 Council Members Voting Aye.: Jessica P. Abbott, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and James L. Wood Council Members Abstaining.: M. Benjamin Davenport Mayor William D. Sessoms, Jr. Council Members Absent: John E. Uhrin November 21, 2017 1 AN ORDINANCE APPROVING APPLICATION 2 OF CAVALIER GOLF 8 YACHT CLUB FOR 3 THE CLOSURE OF APPROXIMATELY 77,650 4 SO. Ff. OF THE PUBLIC RIGHT-OF-WAY 5 KNOWN AS CARDINAL ROAD 6 7 WHEREAS, Cavalier Golf and Yacht Club, a Virginia non -stock corporation (the 8 "Applicant') applied to the Council of the City of Virginia Beach, Virginia, to have the 9 hereinafter described portion of right-of-way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 12 discontinued, dosed, and vacated, subject to certain conditions having been met on or 13 before one (1) year from City Council's adoption of this Ordinance. 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION 1 19 20 That the hereinafter described portion of right-of-way be discontinued, closed and 21 vacated, subject to certain conditions being met on or before one (1) year from City 22 Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as "DENOTES PORTION OF CARDINAL ROAD 27 RIGHT-OF-WAY TO BE CLOSED (77,649.5 SF)", shown as 28 the hatched area on that certain exhibit plat entitled "RIGHT - 29 OF -WAY CLOSURE EXHIBIT FOR A PORTION OF 30 CARDINAL ROAD BIRDNECK POINT SUBDIVISION GPIN: 31 2418.24.6584", Scale: 1° = 60', dated June 29, 2017, 32 prepared by MSA, P.C., a copy of which is attached hereto 33 as Exhibit A. 34 35 SECTION 11 36 37 The following conditions must be met on or before one (1) year from City 38 Council's adoption of this ordinance: 39 40 1. The City Attorney's Office will make the final determination regarding 41 ownership of the underlying fee. The purchase price to be paid to the City shall be 42 determined according to the "Policy regarding Purchase of City's Interest in Streets 43 Pursuant to Street Closures; approved by City Council. 44 45 No GPIN (Public Right -of -Way) 46 (Adjacent GPIN: 2418-24-6584) 47 2. The Applicant shall resubdivide the property and vacate internal lot lines to 48 incorporate the closed Right -of -Way into the adjoining parcel. The plat must be 49 submitted and approved for recordation prior to the final street closure approval. 50 51 3. An appropriately sized public utility easement satisfactory to the 52 Department of Public Utilities shall be dedicated to the City for all public utilities 53 infrastructure located within the closed Right -of -Way. 54 55 4. The Applicant shall verify that no private utilities exist within lite portions of 56 Rights -of -Way proposed for closure. If private utilities do exist, easements satisfactory 57 to the utility company must be provided. 58 59 5. No portion of the closed Right -of -Way shall be used for the creation of any 60 lolls) that increase residential density within the 65-70 dB DNL noise zone; Sub -Area 3. 61 62 6. Closure of the Right -of -Way shall be contingent upon compliance with the 63 above stated conditions within 365 days of approval by City Council. If the conditions 64 noted above are not accomplished and the final plat is not approved within one year of 65 the City Council approval, said approval shall be considered null and void. 66 67 SECTION III 68 69 t. If the preceding conditions are not fulfilled on or before November 21, 70 2018, this Ordinance will be deemed null and void without further action by the City 71 Council. 72 73 2. If all conditions are met on or before November 21, 2016, the date of final 74 closure is the date the street closure ordinance is recorded by the City Attorney. 75 76 3. In the event the City of Virginia Beach has any interest in the underlying 77 fee, the City Manager or his designee is authorized to execute whatever documents, if 78 any, that may be requested to convey such interest, provided said documents are 79 approved by the City Attorney's Office, BO B7 SECTION IV 82 83 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 84 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 85 VIRGINIA BEACH as "Grantor" and CAVALIER GOLF & YACHT CLUB as "Grantee". 86 87 Adopted by the Council of the City of Virginia Beach, Virginia, on this 21 S tday 88 of November ,2017, THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL APPROVED AS TO CONTENT: Planning Department CA14018 .nw.w�enivonme..<n��...r..,�,.�rvmuxxu�uerci R-1 November 9, 2017 APPROVED AS TO LEGAL SUFFICIENCY: Ii[i1 v,CciktI] Iv City Attomey° EXHIBIT A g is is is is L. EXHIBIT A a.f.r aali g i fii ::'�61E i E r Pill! ----- a Li-�l! ^ aa�5sil1i 9 l�9l9g�gi'r tt I Y� I f-. #hF i 1 i MSA 1 [gllti6 W�I11011 ira[ M. BENJAMIN DAVENPORT COUNCILMAN .LARGE In Reply Refer to 0061856 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 City of Virginia Beach November 21, 2017 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: I would like to make the following disclosure VBgov.com PHONE'. QA),F,-.H BOAVENPO®VBGOVOOM 1. I am executing this written disclosure regarding the City Council's discussion and vote on an ordinance approving the application of Cavalier Golf & Yacht Club for the closure of approximately 77,650 square feet of the public right-of-wayknown as Cardinal Road. 2. I am a member of the club, which is located at 1052 Cardinal Road in Virginia Beach. I have chosen to abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. MBD/RRI Sincerely, M. Ben Davenport Councilmember 1604 WEST HILLTOP EXEC CENTER #305, VIRGINIA BEACH, VIRGINIA 23451 WILLIAM D SESSIONS , JR. MAYOR In Reply Refer to 0061846 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 City of Virginia Beach November 21, 2017 VBaov.com MUNICIPAL CENTER BUILDING 1401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 13456 EGO (757) 3 5 4ND rA%(757) WS 5699 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: I am executing this written disclosure regarding the City Council's discussion and vote on an ordinance approving the application of Cavalier Golf & Yacht Club for the closure of approximately 77,650 square feet of the public right-of-way known as Cardinal Road. 2. The applicant has disclosed that TowneBank is a financial services provider with respect to this transaction. I have a personal interest in TowneBank, which is located at 600 22Rd Street in Virginia Beach, and I will abstain from voting on this matter. Please record this declaration in the official records of the City Council. Thank you for your assistance. Sincerely, r, William D. Sessoms Mayor ITEM VFL APPOINTMENTS ITEM #67600 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE MILITARY ECONOMIC DEVELOPMENTAL) VISOR Y COMMITTEE (MEDAQ PLANNING COMMISSION PROCESS IMPROVEMENTSTEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITYDEVELOPMENT CORPORATION November 11, 2017 91 ITEM VI -L APPOINTMENTS ITEM #67601 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: JAMES OGLESBY Five year term 0110112018— 1213112022 BOARD OF ZONING APPEALS Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Menley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Mass, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Chem November 21, 2017 419 ITEM VI -L APPOINTMENTS ITEM #67602 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: DAVID FRANCE JUNE BARRETT-McDANIELS REESE SMITH, JR. DENNIS SOBA TA Three year term 0110112018 — 1 213 112 02 0 AND APPOINTED: CASEY M. JONES MICHAEL STEIER T htree year term 111212017 — 1 213112 02 0 CHESAPEAKE BA YPRESER VA TIONAREA BOARD Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent John E. Uhrin November 21, 2017 M ITEM VI -L APPOINTMENTS ITEM #67603 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: CARLA HESSEL TINE Three year term 1 112112 01 7 — 121311202 0 COMMUNITYSER VICES BOARD (CSB) Voting.10-0 Council Members Voting Aye.' Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent John E. Uhrin November 21, 2017 94 ITEM Vf-L APPOINTMENTS ITEM #67604 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: MICHAEL ASHE SHARON FELTON DIANE HORSLEY LEE LOCKAMY C. MAC BAWLS Three year term 0110112 01 8 — 1213 112 02 0 HISTORIC PRESERVATION COMMISSION Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E Uhrin November ll, 2017 95 Item -VIFO ADJOURNMENT ITEM#67605 Mayor William D. Sessoms, Jr., DECLARED the Ciry Council ADJOURNED at 7.45 P.M. (;",Mz�7z Amanda Finley -Barnes, MA ChiefDeputy City Clerk 4th HodgeItZs Fraser, A 4C William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia November 21, 2017