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04-03-2018 AGENDA
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL GENU''BEAc MAYOR WILLIAM D.SESSOMS,JR.,At-Large VICE MAYOR LOUIS R.JONES,Bayside-District 4 ., JESSICA P.ABBOTT,Kempsville-District 2 ,., _ 2 M.BENJAMIN DAVENPORT,At Large V: ` ry ROBERT M.DYER,Centerville-District BARBARA M.HENLEY,Princess Anne-District 7 e • d SHANNON DS KATIE,Rose Hall-District 3 -\r JOHN D.MOSS,At Large °y�,woo JOHN E.UHRIN,Beach-District 6 ROSEMARY WILSON,At-Large JAMES L.WOOD,Lynnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITYATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITYASSESSOR-RONALD D.AGNOR FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS April 3 2018 E-MAIL:CITYCOUNCIL@vbgov.com CfYCLERK-AMANDA BARNES MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 3:00 PM A. SHORT TERM RENTAL—Discussion II. CITY MANAGER'S BRIEFINGS 3:30 PM A. FY2018-19 RESOURCE MANAGEMENT PLAN (Budget) 1. HUMAN SERVICES Dannette Smith, Director 2. HEALTH DEPARTMENT Dr. Heidi Kulberg, Director 3. HOUSING and NEIGHBORHOOD PRESERVATION Andrew Friedman, Director 4. OFFICE OF CULTURAL AFFAIRS Emily Labows, Director 5. AQUARIUM and MUSEUMS Cynthia Whitbred-Spanoulis, Interim Director 6. PARKS and RECREATION Chad Morris, Planning, Design and Development Administrator B. VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION—Proposed Changes Andrew Friedman, Director—Housing and Neighborhood Preservation III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS • V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms,Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend James E. Parke Retired, Catholic Diocese of Richmond C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS March 6, 2018 March 20, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING 1. LEASE OF CITY PROPERTY—FARMER'S MARKET Building 2, Space 12 to The Country Butcher Shop I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND City Code Sections: a. 2-452.1 re Chesapeake Bay Preservation Area Board members filing of Disclosure Statements b. 13-4 and 13-60 re Extension of Time of a Food Service Manager's Certificate and Change the Permit Fee for a Food Service Establishment c. 23-51 re ADD Definitions for Limited Term Tattoo Artist, Tattoo Parlor and Tattoo Operator; and, the fees charged for such Permits d. 23-53.1 re ADD Definitions for Term Body Piercer, Body Piercing Establishment and Body Piercing Operator; and, the fees charged for such Permits 2. Ordinance AUTHORIZING the City Manager to EXECUTE a Lease for up to five (5) years at the Virginia Beach Farmer's Market to The Country Butcher Shop, Building 2, Space Number 12 3. Ordinance to AMEND the FY 2017-18 Operating Budget of the Housing and Neighborhood Preservation re adjustments and alignment with allocations to certain administered federal programs 4. Ordinance to ADOPT the 2018 Housing Choice Voucher Annual Agency Plan, including a revised Administrative Plan; and, AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plans to the U.S. Department of Housing and Urban Development (HUD) 5. Ordinance to DESIGNATE certain City Council Appointees to FILE a Disclosure of their Economic Interest 6. Resolution to COMMEMORATE the 50th Anniversary of the Assassination of Dr. Martin Luther King,Jr., and RECOGNIZE the Season of Nonviolence 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City property known as Treasure Canal re construct a bulkhead, pier, ramp and boat lift at the rear of 2401 Spindrift Road DISTRICT 5 —LYNNHAVEN 8. Resolution to AUTHORIZE a Grant of $3,800 to TIDE Swimming, Inc., re Blue Zone Initiative 9. Ordinances to APPROPRIATE: a. $721,075 from the Fund Balance of the Tourism Advertising Program Special Revenue Fund to the FY 2017-18 Operating Budget of the Convention and Visitors Bureau re Advertising and Marketing Efforts b. $260,000 to provide an interest free loan to Sandbridge Rescue and Fire, Inc., re purchase of a new ambulance c. $350,000 to provide an interest free loan to Virginia Beach Rescue Squad, Inc., re purchase of new ambulances 10. Ordinances to ACCEPT and APPROPRIATE: a. $17,048 from the Virginia Department of Criminal Justice Services to the Human Services re Community Corrections and Pretrial Programs b. $24,109 in Lieu of Park Reservation from Sherborne Manor Subdivision re Park Playground Renovations III c. $41,600 from the Supreme Court of Virginia to FY 2017-18 Operating Budget of the Commonwealth Attorney re drug treatment court 11. Ordinance to TRANSFER $1,058,079 from Beach Replenishment II to Chesapeake Beach Restoration re construction and provide for contingencies J. PLANNING 1. ARGOS PROPERTIES II, LLC for a Conditional Change of Zoning from AG-1 & AG-2 Agriculture to P-1 Preservation and R-10 Residential at the North side of Princess Anne Road DISTRICT 7—PRINCESS ANNE APPLICANT REQUESTS DEFERRAL TO JUNE 5, 2018 RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION —DENIAL K.APPOINTMENTS BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********************************** ********************** If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at(757)385-4303 ********************* FY 2018-2019 RESOURCE MANAGEMENT PLAN SCHEDULE CITY MANAGER'S PROPOSED BUDGET PRESENTATION March 27th WORKSHOP April 3rd WORKSHOP April 10th WORKSHOP April 17th WORKSHOP April 24h SPECIAL FORMAL SESSION/PUBLIC HEARING—Convention Center April 25th FORMAL SESSION/PUBLIC HEARING—City Council Chamber May 1st RECONCILIATION WORKSHOP May 8th FORMAL SESSION/ADOPT BUDGET May 15th J 04/03/18/jag MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 3:00 PM A. SHORT TERM RENTAL—Discussion II. CITY MANAGER'S BRIEFINGS 3:30 PM A. FY2018-19 RESOURCE MANAGEMENT PLAN (Budget) 1. HUMAN SERVICES Dannette Smith, Director 2. HEALTH DEPARTMENT Dr. Heidi Kulberg, Director 3. HOUSING and NEIGHBORHOOD PRESERVATION Andrew Friedman, Director 4. OFFICE OF CULTURAL AFFAIRS Emily Labows, Director 5. AQUARIUM and MUSEUMS Cynthia Whitbred-Spanoulis, Interim Director 6. PARKS and RECREATION Chad Morris, Planning, Design and Development Administrator B. VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION —Proposed Changes Andrew Friedman, Director—Housing and Neighborhood Preservation III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend James E. Parke Retired, Catholic Diocese of Richmond C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS March 6, 2018 March 20, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING 1. LEASE OF CITY PROPERTY—FARMER'S MARKET Building 2, Space 12 to The Country Butcher Shop �,tNll+B�c� PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBUC HEARING on April 03, 2018 at 6:00 p.m. in the Council Chamber, City Hall -Bldg. 1,Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment regarding the proposed leasing of the following City-owned property, located at the Virginia Beach Farmers Market, and defined as: Building Number 2, Space 12, approximately 939 square feet of space to The Country Butcher Shop. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired call 711 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center-(757) 385-5659. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON: MARCH 25,2018 I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND City Code Sections: a. 2-452.1 re Chesapeake Bay Preservation Area Board members filing of Disclosure Statements b. 13-4 and 13-60 re Extension of Time of a Food Service Manager's Certificate and Change the Permit Fee for a Food Service Establishment c. 23-51 re ADD Definitions for Limited Term Tattoo Artist, Tattoo Parlor and Tattoo Operator; and,the fees charged for such Permits d. 23-53.1 re ADD Definitions for Term Body Piercer, Body Piercing Establishment and Body Piercing Operator;and,the fees charged for such Permits 2. Ordinance AUTHORIZING the City Manager to EXECUTE a Lease for up to five (5) years at the Virginia Beach Farmer's Market to The Country Butcher Shop, Building 2, Space Number 12 3. Ordinance to AMEND the FY 2017-18 Operating Budget of the Housing and Neighborhood Preservation re adjustments and alignment with allocations to certain administered federal programs 4. Ordinance to ADOPT the 2018 Housing Choice Voucher Annual Agency Plan, including a revised Administrative Plan; and, AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plans to the U.S. Department of Housing and Urban Development (HUD) 5. Ordinance to DESIGNATE certain City Council Appointees to FILE a Disclosure of their Economic Interest 6. Resolution to COMMEMORATE the 50th Anniversary of the Assassination of Dr. Martin Luther King,Jr., and RECOGNIZE the Season of Nonviolence 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City property known as Treasure Canal re construct a bulkhead, pier, ramp and boat lift at the rear of 2401 Spindrift Road DISTRICT 5—LYNNHAVEN 8. Resolution to AUTHORIZE a Grant of $3,800 to TIDE Swimming, Inc., re Blue Zone Initiative 9. Ordinances to APPROPRIATE: a. $721,075 from the Fund Balance of the Tourism Advertising Program Special Revenue Fund to the FY 2017-18 Operating Budget of the Convention and Visitors Bureau re Advertising and Marketing Efforts b. $260,000 to provide an interest free loan to Sandbridge Rescue and Fire, Inc., re purchase of a new ambulance c. $350,000 to provide an interest free loan to Virginia Beach Rescue Squad, Inc., re purchase of new ambulances 10. Ordinances to ACCEPT and APPROPRIATE: a. $17,048 from the Virginia Depaitment of Criminal Justice Services to the Human Services re Community Corrections and Pretrial Programs b. $24,109 in Lieu of Park Reservation from Sherborne Manor Subdivision re Park Playground Renovations III c. $41,600 from the Supreme Court of Virginia to FY 2017-18 Operating Budget of the Commonwealth Attorney re drug treatment court 11. Ordinance to TRANSFER $1,058,079 from Beach Replenishment II to Chesapeake Beach Restoration re construction and provide for contingencies C I "titL 1ti i .L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 2-452.1 of the City Code Pertaining to the Chesapeake Bay Preservation Area Board MEETING DATE: April 3, 2018 • Background: City Code § 2-452.1 addresses the Chesapeake Bay Preservation Area Board's creation, authority and membership. It also includes a requirement that members file disclosure statements of their financial interests. The Code section currently provides that members shall file the statements semi-annually. • Considerations: Although state law at the time this Code section was last amended provided that the forms should be filed semi-annually, the General Assembly subsequently amended the relevant state law to require that the forms be filed annually. State law takes precedence over any inconsistent provision of the City Code, but in order to avoid any confusion, this ordinance revises the City Code provision to be consistent with the state law. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the ordinance. • Attachment: Ordinance. Recommended Action: Approval Submitting Department/Agency: City Attorney's Office. 5 _ City Managilk \\� 1 AN ORDINANCE TO AMEND SECTION 2- 2 452.1 OF THE CITY CODE PERTAINING TO 3 THE CHESAPEAKE BAY PRESERVATION 4 AREA BOARD 5 6 SECTION AMENDED: § 2-452.1 7 8 9 That Section 2-452.1 of the Code of the City of Virginia Beach, Virginia, is hereby 10 amended and ordained to read as follows: 11 12 Sec. 2-452.1. - Chesapeake Bay Preservation Area Board. 13 14 . . . . 15 (c) Pursuant to the provisions of section 2.2-3115(A) of the Code of Virginia, the 16 members of the Chesapeake Bay Preservation Area Board, as a condition of assuming 17 office, shall file disclosure statements of their personal interests and other information 18 specified on the forms set forth in Code of Virginia section 2.2-3117 and, thereafter, file 19 such statements semi annually in accordance with the provisions of Code of Virginia 20 section 2.2-3115(A). 21 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 22 day of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14347 R-1 March 23, 2018 yaa .. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 13-4 and 13-60 of the City Code Pertaining to the Extension of Time of a Food Service Manager's Certificate and to Change the Permit Fee for a Food Service Establishment MEETING DATE: April 3, 2018 • Background: The regulations in City Code Sections 13-4 and 13-60 pertaining to food service regulations are administered by the Virginia Beach Department of Public Health. The State has recently extended the time period for which a food service certificate is valid from three years to five years, and the cost of a permit for a food service establishment has been increased from twenty-five dollars ($25.00) to forty dollars ($40.00). These amendments change the applicable City Code sections accordingly • Considerations: The revisions to the City Code will bring the City Code into compliance with the State regulations. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the attached Ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De• • gency: Health/Kulberg City Manager: 1 AN ORDINANCE TO AMEND SECTIONS 13- 2 4 AND 13-60 OF THE CITY CODE 3 PERTAINING TO THE EXTENSION OF TIME 4 OF A FOOD SERVICE MANAGER'S 5 CERTIFICATE AND TO CHANGE THE 6 PERMIT FEE FOR A FOOD SERVICE 7 ESTABLISHMENT 8 9 Sections Amended: §§ 13-4 and 13-60 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Sections 13-4 and 13-60 of the City Code are hereby amended and 15 reordained to read as follows: 16 17 Chapter 13 - FOOD AND FOOD ESTABLISHMENTS 18 19 ARTICLE I. - FOOD SERVICE MANAGER'S CERTIFICATION 20 21 . . . . 22 23 Sec. 13-4. - Food service manager; responsibility; certification. 24 25 (a) After May 1 , 1989, no person shall operate a food service establishment 26 unless its food handling operation is under the immediate control of a person 27 holding a valid food service manager's certification. This shall require that a 28 certified food manager be present during a minimum of eight (8) hours of 29 operation per operating day in each food service establishment. The 30 manager must be a full-time employee of the food service establishment in 31 question. 32 33 (b) The food service manager shall be responsible for training of food service 34 personnel in sanitary food-handling procedures. Written documentation of a 35 training program and training records of individual employees shall be 36 available upon request by the health department. 37 38 (c) In order to obtain a food service manager's certificate, a person shall apply to 39 the Virginia Beach health department and show proof of having successfully 40 completed a course in food protection which shall be approved by the health 41 authority or a valid certificate of registration from the food protection 42 certification program of the educational testing services center for 43 occupational and professional assessment and payment of a fee often 44 dollars ($10.00). 45 46 (d) Such certificates shall be issued in the name of an individual only and shall 47 be valid for a period of three (3)five (5) years after the date of issuance. 48 (e) A food service manager's certificate shall be renewed for a three year five- 49 year period upon payment of a fee of ten dollars ($10.00) to the Virginia 50 Beach health department, and: 51 52 (1) Completing a refresher course in food protection which shall be 53 approved by the health authority; or 54 55 (2) Take and pass the food protection certification program test of the 56 educational testing services center for occupational and professional 57 assessment. 58 59 . . . . 60 61 ARTICLE IV. - PERMIT AND RELATED REQUIREMENTS FOR FOOD 62 ESTABLISHMENTS 63 64 Sec. 13-60. - Food service establishments permit required. 65 66 Beginning July 1 , 1996, as a prerequisite to operation, the owner or operator of 67 every food service establishment regulated by the department of public health shall, on 68 an annual basis, obtain a permit for each such establishment from the department, and 69 pay a permit fee in the amount of twenty five dollars ($25.00) forty dollars ($40.00). To 70 obtain a food service establishment permit, an applicant must demonstrate that his or 71 her establishment has undergone the annual assessment as provided by section 13-61 72 of this article. 73 74 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .4 AN. Healt � Director City Attorney's • ice Virginia Beach Departmen' of Public Health CA14279 R-1 February 8, 2018 C r, ji:::\...,...:- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 23-51 of the City Code Pertaining to Tattooing and Tattoo Parlors, adding Definitions for Limited Term Tattoo Artist, Tattoo Parlor and Tattoo Operator and the Fees charged for such Permits An Ordinance to Amend Section 23-53.1 of the City Code Pertaining to Body Piercing, adding Definitions for Limited Term Body Piercer, Body Piercing Establishment and Body Piercing Operator and the Fees charged for such Permits MEETING DATE: April 3, 2018 • Background: The regulations in City Code 23-51 and 23-53.1 pertaining to tattooing and body piercing are administered by the Virginia Beach Department of Public Health. As tattoo and body piercing festivals become more popular the Health Department recommends that a definition for limited term body piercer, establishment and operator and limited term tattoo artist, tattoo parlor and tattoo operator be added to the City Code for those tattoo artists and body piercers who are only tattooing or piercing for up to five (5) days in the City. The permit fee for these events would be $40 per artist at the event. Lastly, the provisions for body piercers to submit health verifications to the Health Department are modified to match the requirements for tattoo artists. • Considerations: The revisions to the City Code will allow limited term body piercers and tattoo artists to be inspected with an adequate fee schedule. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the attached Ordinances. • Attachments: 2 Ordinances Recommended Action: Approval SallSubmitting De, 'rt ent/ • gency: Health/Kulberga._,' =`' 611,6 City Manager: /•e' 1 AN ORDINANCE TO AMEND SECTION 23-51 2 OF THE CITY CODE PERTAINING TO 3 TATTOOING AND TATTOO PARLORS, 4 ADDING DEFINITIONS FOR LIMITED TERM 5 TATTOO ARTIST, TATTOO PARLOR AND 6 TATTOO OPERATOR AND THE FEES 7 CHARGED FOR SUCH PERMITS 8 9 Section Amended: City Code § 23-51 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 23-51 of the City Code is hereby amended and reordained to read 15 as follows: 16 17 Sec. 23-51. - Tattooing and tattoo parlors. 18 19 (a) For the purposes of this section, the following words and phrases shall be 20 construed as follows: 21 22 (1) Tattoo: To place any design, letter, scroll, figure, symbol or any other mark 23 upon or under the skin or any person with ink or any other substance resulting 24 in the permanent coloration of the skin, including permanent make-up or 25 permanent jewelry, by the aid of needles or any other instrument designed to 26 touch or puncture the skin. 27 28 (2) Tattoo artist: Any person who actually performs the work of tattooing-1 29 including limited term tattoo artist: A tattoo artist licensed to perform tattooing 30 for a maximum of five (5) consecutive days at an organized event. 31 32 (3) Tattoo parlor: Any place in which is offered or practiced the placing of designs, 33 letters, scrolls, figures, symbols or any other marks upon or under the skin of 34 any person with ink or any other substance, resulting in the permanent 35 coloration of the skin, including permanent make-up or permanent jewelry, by 36 the aid of needles or any other instrument designed to touch or puncture the 37 skin.- , including limited term tattoo parlor: A tattoo parlor in a temporary 38 location at an organized event licensed to operate for a maximum of five (5) 39 consecutive days. 40 41 (4) Tattoo operator: Any person who controls, operates, conducts or manages any 42 tattoo parlor, whether actually performing the work of tattooing or not— 1 43 including limited term tattoo operator: Any person who controls, operates, 44 conducts or manages any limited term tattoo parlor, whether actually 45 performing the work of tattooing or not. 46 47 (b) No person shall control, operate, conduct or manage any tattoo parlor or shall 48 perform tattooing on any person without complying with the requirements of this 49 section. 50 51 (c) No person shall control, operate, conduct or manage any tattoo parlor, whether 52 actually performing the work of tattooing or not, without first obtaining a permit from 53 the department of public health. Such an application shall be made on an application 54 form provided by the city manager or his designee. 55 56 (d) The permit fee shall be one thousand two hundred dollars ($1,200.00) for a one- 57 year licensing period from January 1 to December 31. All permits issued during the 58 course of a calendar year shall expire on December 31 of that year, regardless of the 59 date issued. For any person required to obtain a permit under the provisions of this 60 section after the first day of January, the permit fee shall be prorated as follows: 61 between January 1 and on or before March 31, the full permit fee shall be paid; 62 between April 1 and on or before June 30, three-fourths of the permit fee shall be paid; 63 between July 1 and on or before September 30, one-half of the permit fee shall be 64 paid; and after September 30 of the licensing year, one-fourth of the permit fee shall 65 be paid. The permit fee for a limited term tattoo event shall be forty dollars ($40.00) 66 per limited term tattoo artist tattooing at the event. 67 68 (e) Every tattoo artist shall provide one of the following to the department of public 69 health: 70 71 (1) Proof of completion of the full Hepatitis B vaccine; 72 73 (2) Proof of Immunity by blood titer; or 74 75 (3) Written declination of refusal of the full Hepatitis vaccine. 76 77 (f) Every tattoo artist and tattoo operator shall at all times comply with the following 78 requirements: 79 80 (1)All tattooing-related procedures shall be carried out in a clean, safe and 81 sanitary manner as approved by the department of public health so as to 82 minimize the potential of disease transmission. All tattoo artists shall complete 83 annual blood borne pathogen training approved by the department of public 84 health. 85 86 (2)All areas of the tattoo parlor shall be constructed and maintained in a clean, 87 safe and sanitary manner in compliance with all applicable statutes, laws, 88 regulations, codes and ordinances of the city and the Commonwealth of 89 Virginia. 90 91 (3)All walls, ceilings and floors shall be smooth and easily cleaned. The floors 92 shall not be carpeted, and neither rugs nor fabrics of any kind shall be placed 93 on the floors. Walls and ceilings shall be painted a light color. Walls, ceilings 94 and floors shall be kept clean and free from dust and debris. The floors shall 95 be swept and mopped daily. The walls, ceilings or floors shall not be swept or 96 cleaned while tattooing is occurring. 97 98 (4)Adequate light and ventilation shall be provided. 99 100 (5)Adequate toilet and hand-washing facilities shall be available in the tattoo 101 parlor separate and isolated from the business area in which tattooing is 102 performed, for the use of customers and personnel of the tattoo parlor. Toilets 103 and washing facilities shall be maintained in a sanitary condition at all times. 104 Smoking, eating, or drinking is prohibited in the area in which tattooing is 105 performed. 106 107 (6)All areas of the tattoo parlor shall be accessible for inspection by the 108 department of public health and its authorized representatives. The department 109 of public health is hereby authorized to conduct unannounced inspections of 110 tattoo parlors. 111 112 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , Heidi "ulberg B. Kay Wil-on Health Director City Attor ,e,'s Office Virginia Beach Departrnent . Public Health CA13950 R-4 February 8, 2018 1 AN ORDINANCE TO AMEND SECTION 23- 2 53.1 OF THE CITY CODE PERTAINING TO 3 BODY PIERCING, ADDING DEFINITIONS 4 FOR LIMITED TERM BODY PIERCER, BODY 5 PIERCING ESTABLISHMENT AND BODY 6 PIERCING OPERATOR AND THE FEES 7 CHARGED FOR SUCH PERMITS 8 9 Section Amended: City Code §23-53.1 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 23-53.1 of the City Code is hereby amended and reordained to read 15 as follows: 16 17 Sec. 23-53.1. - Body piercing. 18 19 (a) For the purposes of this section, the following words and phrases shall be 20 construed as follows: 21 22 (1) Body piercing: The act of penetrating the skin to make a hole, mark, or scar, 23 generally permanent in nature. "Body piercing" does not include the use of a 24 mechanized, pre-sterilized ear-piercing system that penetrates the outer 25 perimeter or lobe of the ear or both. 26 27 (2) Body piercer: Any person who actually performs the work of body piercing-1 28 including limited term body piercer: A body piercer licensed to perform body 29 piercing for a maximum of five (5) consecutive days at an organized event. 30 31 (3) Body piercing establishment: Any place in which a fee is charged for the act of 32 penetrating the skin to make a hole, mark, or scar, generally permanent in 33 nature. , including limited term body piercing establishment: A body piercing 34 establishment in a temporary location at an organized event licensed to 35 operate for a maximum of five (5) consecutive days. "Body piercing" does not 36 include the use of a mechanized, pre-sterilized ear-piercing system that 37 penetrates the outer perimeter or lobe of the ear or both. 38 39 (4) Body piercing operator: Any person who controls, operates, conducts or 40 manages any body piercing establishment, whether actually performing the 41 work of body piercing or not— , including limited term body piercing operator: 42 Any person who controls, operates, conducts or manages any limited term 43 body piercing establishment, whether actually performing the work of body 44 piercing or not. 45 46 (b) No person shall control, operate, conduct or manage any body piercing 47 establishment or shall perform body piercing on any person without complying with the 48 requirements of this section. 49 50 (c) No person shall control, operate, conduct or manage any body piercing 51 establishment, whether actually performing the work of body piercing or not, without 52 first obtaining a permit from the department of public health. Such an application shall 53 be made on an application form provided by the city manager or his designee. 54 55 (d) The permit fee shall be one thousand two hundred dollars ($1 ,200.00) for a one- 56 year licensing period from January 1 to December 31 . All permits issued during the 57 course of a calendar year shall expire on December 31 of that year, regardless of the 58 date issued. For any person required to obtain a permit under the provisions of this 59 section after the first day of January, the permit fee shall be prorated as follows: 60 between January 1 and on or before March 31, the full permit fee shall be paid; 61 between April 1 and on or before June 30, three-fourths of the permit fee shall be paid; 62 between July 1 and on or before September 30, one-half of the permit fee shall be 63 paid; and after September 30 of the licensing year, one-fourth of the permit fee shall 64 be paid. The permit fee for a limited term body piercing event shall be forty dollars 65 ($40.00) per limited term body piercer piercing at the event. 66 67 (e) --- e.- - . e--. - -- - -- - — - -- -- -- - - - - - -. - 69 . e--. - -- - - -- - - _ - . _ - - - -- 70 approved by the director of public health. Every body piercer shall provide one of the 71 following to the department of public health: 72 73 (1) Proof of completion of the full Hepatitis B vaccine; 74 75 (2) Proof of Immunity by blood titer; or 76 77 (3) Written declination of refusal of the full Hepatitis vaccine 78 79 f) Every body piercer and body piercing operator shall at all times comply with the 80 following requirements: 81 82 (1) All body piercing related procedures shall be carried out in a clean, safe and 83 sanitary manner as approved by the department of public health so as to 84 minimize the potential of disease transmission. All body piercers shall 85 complete annual blood borne pathogen training approved by the department of 86 public health. 87 88 (2) All areas of the body piercing establishments shall be constructed and 89 maintained in a clean, safe and sanitary manner in compliance with all 90 applicable statutes, laws, regulations, codes and ordinances of the city and the 91 Commonwealth of Virginia. 92 93 (3) All walls, ceilings and floors shall be smooth and easily cleaned. The floors 94 shall not be carpeted, and neither rugs nor fabrics of any kind shall be placed 95 on the floors. Walls and ceilings shall be painted a light color. Walls, ceilings 96 and floors shall be kept clean and free from dust and debris. The floors shall 97 be swept and mopped daily. The walls, ceilings or floors shall not be swept or 98 cleaned while body piercing services are occurring. 99 100 (4) Adequate light and ventilation shall be provided. 101 102 (5) Adequate toilet and hand-washing facilities shall be available in the body 103 piercing establishment separate and isolated from the business area in which 104 body piercing is performed, for the use of customers and personnel of the 105 body piercing establishment. Toilets and washing facilities shall be maintained 106 in a sanitary condition at all times. Smoking, eating or drinking is prohibited in 107 the area in which body piercing is performed. 108 109 (6) All areas of the body piercing establishment shall be accessible for inspection 110 by the department of public health and its authorized representatives. The 111 department of public health is hereby authorized to conduct unannounced 112 inspections of body piercing establishments. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: h Wawa II � Heidi Kulberg B. Kay it , Health Director City Attorn_ Office Virginia Beach Depart - Public Health CA13949 R-4 February 8, 2018 rrrCSj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a Lease for up to 5 years with John E. Hardison, d/b/a The Country Butcher Shop, for City-owned property known as Building 2, Space Number 12 in the Virginia Beach Farmers Market MEETING DATE: April 3, 2018 • Background: John E. Hardison, d/b/a The Country Butcher Shop, would like to enter into a new lease with the City of Virginia Beach for Building 2, Space Number 12, at the Virginia Beach Farmers Market. The premises consists of approximately 939 square feet and will be utilized for the sale of fresh meats, deli products, and related items, and for no other purpose. • Considerations: The initial term of the Lease is three (3) years with two renewal options for a term of one (1) year each, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with sixty (60) days' notice if needed for a public purpose. For more specific terms, see attached Summary of Terms. • Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda • Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. • Recommendation: Approval • Attachments: Disclosure Statement Location Map Ordinance Summary of Terms Recommended Action: Approval Submitting Depart - gency: Public Works/Facilities Management City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH JOHN E. HARDISON, D/B/A THE 4 COUNTRY BUTCHER SHOP, FOR CITY-OWNED 5 PROPERTY KNOWN AS BUILDING 2, SPACE 6 NUMBER 12, IN THE VIRGINIA BEACH FARMERS 7 MARKET 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 10 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 11 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 12 13 WHEREAS, John E. Hardison, d/b/a The Country Butcher Shop ("Country 14 Butcher"), would like to enter into a new lease with the City for Building 2, Space 15 Number 12, at the Farmers Market, consisting of approximately 939 square feet (the 16 "Premises"); 17 18 WHEREAS, the Premises will be utilized for the sale of fresh meats, deli products 19 and related items, and for no other purpose; and 20 21 WHEREAS, Country Butcher has agreed to pay the City an initial rental rate of 22 $918.79 per month ($11,025.48 per year) for the use of the Premises. 23 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized to execute a lease for up to 5 years 28 between Country Butcher and the City for the Premises, in accordance with the 29 Summary of Terms attached hereto as Exhibit A and made a part hereof, and such 30 other terms, conditions or modifications as may be acceptable to the City Manager and 31 in a form deemed satisfactory by the City Attorney. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 34 , 2018. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM k/L4 , Ayrik4/Li City Attorne Public Works/Faeilities Management CA14209 R-1 March 19, 2018 EXHIBIT A LOCATION MAP CITY-OWNED PROPERTY TO BE LEASED TO JOHN E. HARDISON, D/B/A THE COUNTRY BUTCHER SHOP Building 2, Space Number 12, consisting of approximately 939 square feet Aok.\''' .646VP. Al:0 Nifr 0 ite ir° 1 00 O {off 0 C0 ,,,, .4040# • /14 ofe o \\ o SUMMARY OF TERMS LEASE FOR BUILDING 2, SPACE NUMBER 12 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: John E. Hardison, d/b/a The Country Butcher Shop PREMISES: Building 2, Space Number 12, consisting of approximately 939 square feet TERM: Initial Term — February 1, 2018 — January 31, 2021 (3 years) Renewal Term 1— February 1, 2021 — January 31, 2022 (1 year) Renewal Term 2— February 1, 2022 — January 31, 2023 (1 year) RENT: Initial rent of$918.79 each month totaling $11,025.48 for the first year, subject to five percent (5%) annual rent escalation for successive years. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of fresh meats, deli products, and related items, and for no other purpose. • Maintain Premises, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the Premises. • Provide electrical service. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. • Lessee may terminate by giving ninety (90) days' advance written notice. Virginia Reach APPLICANT'S NAME Country Butcher DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to an. Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). O APPLICANT NOTIFIED OF HEARING DATE: El NO CHANGES AS OF DATE: El REVISIONS SUBMITTED DATE: Virginia Beach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4 e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 VB APPLICANT Virginia Beach YES ' NO SERVICE PROVIDER (use additional sheets if needed) J El Accounting and/or preparer of ) A S'.int vt your tax return n Architect / Landscape Architect / i I L and Planner 7/ Contract Purchaser (if other than "the Applicant) - identify purchaser and purchaser's service providers / Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ ,,' ^Construction Contractors ❑ ineers / Surveyors/ Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ n Legal Services ;fReal Estate Brokers / El nom' Agents/Realtors for current and anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 1 APP ANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional s ets if needed) n n Accounting and/or preparer of , your tax return n n Architect / Landscape Architect / Land Planner ❑ n Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed n n purchaser of the subj' t\.,• •erty (identify purchaser(s4 a • purchaser's service ppi v ers nConstruction Contrors ❑ n Engineers / Surveyors Agents Financing (include • rrent ❑ ❑ mortgage holder- and lenders selected or bei•g considered to provide fina• ing for acquisition or constru• ion of the property) nLegal rvices Re. Estate Brokers / a a ents/Realtors for current and .nticipated future sales of the _subject property 4 • ,ECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n n an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 (y f Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosur tatement Form is complete, true, and accurate. I understand that, upon receipt of notification at the application has been scheduled for public hearing, I am responsibl for updating the information provided herein two weeks prior to the PIa ning Commission, Council, VBDA meeting, or meeting of any public body o committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 }�[ ,,er �y %.,,,s,,,_,__.......„.# ...:, ,,,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the FY 2017-18 Operating Budget of the Department of Housing and Neighborhood Preservation MEETING DATE: April 3, 2018 • Background: The Department of Housing and Neighborhood Preservation Operating Budget requires the following mid-year adjustments: • Appropriate $126,504 in CDBG program income that has been received, and is anticipated to be received, through FY 2017-18 in excess of estimated amounts. These funds will be utilized for Affordable Housing creation and/or rehabilitation per CDBG regulations; • Appropriate $5,281 in HOME program income that has been received in excess of estimated amounts and will be utilized for Affordable Housing creation and/or rehabilitation per HOME regulations; and • Transfer appropriations in the amount of $222,072 from the Community Development Fund (180 Fund) to the Community Development Loan & Grant Fund (181 Fund). This transfer will enable funding for the Disaster Housing Program initiative. These adjustments are due to a number of circumstances that make the projection of revenues and requirements difficult to anticipate. One such circumstance is the repayment of federal loans used in housing rehabilitation programs. The payment of such loans is keyed to the transfer of property or other unpredictable activities, such as refinancings. Additionally, the Community Development Block Grant Program (CDBG) received $444 more than the estimate for FY 2016-17, $77,330 has been received thus far above the original estimate for FY 2017-18, and an additional $48,730 is now estimated to be received for FY 2017-18 based on what has been seen thus far this year, as well as inquiries/pending payoffs that have been received. HOME Investment Partnerships Program (HOME) is a loan-based program very similar to CDBG. DHNP received $5,281 above what had been estimated for FY 2016-17. The Community Development Fund generally contains DHNP's operating funds and the Community Development Loan & Grant Fund contains program and development funds. Last year due to various programmatic changes, changes in operations with the Lighthouse Center, and other various items, DHNP under-utilized funds in the Community Development Fund. As the current FY 2017-18 funds cover the operational budgetary needs, DHNP needs to reallocate these older funds to be available for rehabilitation and development programs that are in the Community Development Loan & Grant Fund. • Considerations: Without the appropriation of these funds, they cannot be used for their intended purposes. • Public Information: Normal agenda process. • Alternatives: There is no reasonable alternative to appropriating these funds, since they must be used for the statutory purposes. • Recommendations: Approval of the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Oepartt m q+ Housing and Neighborhood Preservation City Manager: 1 AN ORDINANCE TO AMEND THE FY 2017-18 OPERATING 2 BUDGET OF THE DEPARTMENT OF HOUSING AND 3 NEIGHBORHOOD PRESERVATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 The Department of Housing and Neighborhood Preservation's FY 2017-18 9 Operating Budget is hereby modified for the amounts and purposes set forth below: 10 11 1) Appropriate $126,504 in Community Development Block Grant (CDBG) 12 Program Income that was received, and anticipated funds to be received, 13 through FY 2017-18 in excess of estimated amounts. These funds will be 14 utilized for Affordable Housing creation and/or rehabilitation per CDBG 15 regulations, with program revenue increased accordingly; 16 17 2) Appropriate $5,281 in HOME Investment Partnerships Program (HOME) 18 income that was received in excess of estimated amounts and will be utilized 19 for Affordable Housing creation and/or rehabilitation per HOME regulations, 20 with program revenue increased accordingly; 21 22 3) Transfer appropriations in the amount of$222,072 from 180 Fund (Community 23 Development Fund) to 181 Fund (Community Development Loan & Grant 24 Fund). This transfer will enable funding for the Disaster Housing Program 25 initiative. 26 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: avid Bradley Dia armeyer Budget & Management Services City Attorney's Office CA14340 R-1 March 21, 2018 Ile,-,';.",;Zit-,, , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Adopt the 2018 Housing Choice Voucher Annual Agency Plan and a Revised Administrative Plan and to Authorize the City Manager to Execute and Submit the Plans to the U.S. Department of Housing and Urban Development MEETING DATE: April 3, 2018 • Background: The City's Department of Housing and Neighborhood Preservation ("DHNP") operates the federally-funded Housing Choice Voucher program ("HCV program"), formerly known as the Section 8 Program. The U.S. Department of Housing and Urban Development ("HUD") requires agencies that operate HCV programs to submit (1) A Five-Year Agency Plan. (2) An Annual Agency Plan for each fiscal year in which federal funding is received for its HCV program and (3) an Administrative Plan. • Considerations: A five-year plan was adopted in 2015 and is currently in force, so no action on that is needed. The purpose of the Annual Agency Plan is to update HUD on DHNP's progress in achieving the goals in the Five-Year Plan. It also describes the organization of the HCV program, and details the strategies employed in satisfying affordable rental housing needs in the City. The DHNP is also required by HUD to include certifications demonstrating DHNP's compliance with applicable laws and HUD rules and regulations. Also covered by this ordinance is the HCV Administrative Plan, which details the policies and procedures that govern the day-to-day operation of the HCV program. The previously approved Administrative Plan has undergone revision and is included for approval in this ordinance request. The approved plan must be electronically submitted to HUD no later than April 15, 2018. An announcement of the plan revisions was advertised and made available to the public on February 15, 2018. A public hearing to obtain input was held on March 6, 2018. • Attachments: Ordinance, Executive Summary Recommended Action: Adopt Ordinance 1 �. Submitting D- • •rtreAgency: HousingM' hborhood Preservation City Manag,Illi ( a \\ �� ,v a 1 AN ORDINANCE TO ADOPT THE 2017 HOUSING CHOICE 2 VOUCHER ANNUAL AGENCY PLAN (INCLUDING A 3 REVISED ADMINISTRATIVE PLAN) AND TO AUTHORIZE 4 THE CITY MANAGER TO EXECUTE AND SUBMIT THE 5 PLAN TO THE U.S. DEPARTMENT OF HOUSING AND 6 URBAN DEVELOPMENT 7 8 WHEREAS, the City's Department of Housing and Neighborhood Preservation 9 ("DHNP") operates the federally-funded Housing Choice Voucher program ("HCV 10 program"), formerly known as the Section 8 Program; and 11 12 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") 13 requires agencies that operate HCV programs to submit (1) an Annual Agency Plan for 14 each fiscal year in which DHNP receives federal funding for its HCV program; and (2) a 15 revised Administrative Plan as applicable; and 16 17 WHEREAS, the purpose of the Annual Agency Plan is to update HUD on the 18 DHNP's progress in achieving the goals stated in its five-year plan; and 19 20 WHEREAS, the purpose of the Administrative Plan is to describe in detail the 21 operational procedures of the HCV program in DHNP; and 22 23 WHEREAS, the DHNP is also required by HUD to include a certification in the 24 Five-Year Agency and Annual Plan demonstrating DHNP's compliance with applicable 25 laws, and HUD rules and regulations, in order to continue to operate the HCV program; 26 and 27 28 WHEREAS, executive summaries of the Annual Plan, and Administrative Plan is 29 attached hereto, and a copy of all Plans are on file with the City Clerk. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 DHNP's Annual Plan and Administrative Plan for the Housing Choice Voucher 35 Program is hereby ratified and adopted, and the City Manager is hereby authorized and 36 directed to execute and submit the Annual Plan to the U.S. Department of Housing and 37 Urban Development. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the day 40 of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I, I it Department of Housing & City Attorney's Office Neighborhood Preservation CA14345/R-2/March 23, 2018 FY2018/19 Summary of administrative plan changes Location Topic Change/Issue Reason Page 13-1 Moves with Insert language (A)Allowable In accordance with regulatory Continued moves to include segments requirements(Violence Against Women Assistance/ on: Reauthorization Act of 2013: Portability Eligibility for Emergency Implementation in HUD Housing Programs Transfer, Emergency Final Rule),jurisdictions are mandated to Transfer Request outline program protections and establish documentation, policies to address requests to transfer Confidentiality, Emergency housing for families facing a domestic Transfer Timing and violence housing related crisis Availability and Safety and Security of tenants Page 19- Project Insert language of DHNP's In accordance with regulatory 49 Based 2018 Request for PBV requirements and DHNP's 5 year agency Vouchers Application Proposal activity plan conduct a competition application selection process. MDW 03/09/2018 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Designating Certain City Council Appointees to File a Disclosure of Their Economic Interests MEETING DATE: April 3, 2018 • Background: The State and Local Government Conflict of Interests Act ("the Act") was enacted by the General Assembly because our system of representative government is dependent upon citizens maintaining the highest trust in their public officers and employees. The Act requires certain government officials to file annual disclosures of their personal financial interests, including members of the City Council and the School Board and constitutional officers. The Act also authorizes local governing bodies such as the City Council to designate by ordinance persons occupying positions of trust who are appointed by Council to file the annual financial disclosure form known as the Statement of Economic Interests. In accordance with the City Council's direction, the City Clerk's Office for decades has sent members of the Virginia Beach Development Authority the Statement of Economic Interests for their annual disclosure, but no written record of that Council direction has been located. This ordinance removes any ambiguity as to whether such members are required to file the form; the ordinance explicitly requires them to do so. • Considerations: The ordinance also reaffirms the City Council's prior direction that its appointed employees file the form, and it adds the City Auditor to the list of those employees first designated by the City Council in 1991. The City Auditor was converted to a Council appointee in 2007, and he annually has filed the Statement of Economic Interests ever since. • Attachment: Ordinance Requested by City Council 1 REQUESTED BY CITY COUNCIL 2 3 AN ORDINANCE DESIGNATING CERTAIN 4 CITY COUNCIL APPOINTEES TO FILE A 5 DISCLOSURE STATEMENT OF THEIR 6 ECONOMIC INTERESTS 7 8 WHEREAS, the State and Local Government Conflict of Interests Act ("the Act") 9 was enacted by the General Assembly because our system of representative government 10 is dependent upon citizens maintaining the highest trust in their public officers and 11 employees; 12 13 WHEREAS, the Act requires certain government officials to file annual disclosures 14 of their personal financial interests, including members of the City Council and the School 15 Board and constitutional officers including the City Treasurer, Commissioner of Revenue, 16 Sheriff, Commonwealth's Attorney, and Clerk of Circuit Court; and other provisions of 17 state law require members of the Community Policy and Management Team and the 18 Family Assessment and Planning Team who do not represent a public agency to file the 19 same disclosure; 20 21 WHEREAS, the Act also requires members of the Planning Commission, Board of 22 Zoning Appeals, City Manager, and City Real Estate Assessor to file annual disclosures 23 of their real estate holdings; 24 25 WHEREAS, Virginia Code § 2.2-3115 authorizes local governing bodies to 26 designate by ordinance persons occupying positions of trust appointed by governing 27 bodies and persons occupying such positions of employment with governing bodies to 28 file the disclosure form prescribed pursuant to Virginia Code § 2.2-3117 ("Statement of 29 Economic Interests"); 30 31 WHEREAS, pursuant to that authority, in 1991, the City Council adopted an 32 ordinance requiring the City employees appointed by City Council at that time—the City 33 Manager, the City Attorney, the City Clerk, and the City Real Estate Assessor—to file the 34 Statement of Economic Interests; 35 36 WHEREAS, pursuant to that same authority, in 1990, when the City Council 37 created the Chesapeake Bay Preservation Area Board, it adopted an ordinance that 38 requires the members of that board to file the Statement of Economic Interests; 39 40 WHEREAS, in 2007, the position of City Auditor was converted to a Council 41 appointee, and the City Auditor annually has filed the Statement of Economic Interests 42 ever since; 43 44 WHEREAS, the Act provides that members of local development authorities must 45 file, as a condition to assuming office, the disclosure form prescribed pursuant to Virginia 46 Code § 2.2-3118 ("Financial Disclosure Statement") and to file the same form annually 47 thereafter unless the local governing body that appoints the development authority 48 members requires the members to file the longer and more comprehensive Statement of 49 Economic Interests form; 50 51 WHEREAS, in accordance with the City Council's direction, the City Clerk for 52 decades has sent Development Authority members the Statement of Economic Interests 53 for their annual disclosure, but no written record of that direction has been located; 54 55 WHEREAS, the City Council desires to remove any ambiguity about its intent that 56 members of the Development Authority annually file the Statement of Economic Interests 57 and to also explicitly require the City Auditor to file that form. 58 59 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 60 VIRGINIA BEACH, VIRGINIA THAT: 61 62 1. In accordance with Virginia Code § 2.2-3115, the City Council hereby 63 designates and requires the following persons occupying positions of trust to file, as a 64 condition of assuming office and annually thereafter, the Statement of Economic Interests 65 form prescribed pursuant to Virginia Code § 2.2-3117: 66 67 City Manager 68 City Attorney 69 City Clerk 70 City Real Estate Assessor 71 City Auditor 72 73 2. In accordance with Virginia Code § 2.2-3115, the City Council hereby 74 requires members of the Virginia Beach Development Authority to annually file the 75 Statement of Economic Interests form prescribed pursuant to Virginia Code § 2.2-3117. 76 77 Adopted by the City Council of the City of Virginia Beach, Virginia on this 78 day of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office' CA14346 R-1 March 23, 2018 11 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Commemorating the 50th Anniversary of the Assassination of Dr. Martin Luther King, Jr., and Recognizing the Season for Nonviolence MEETING DATE: April 3, 2018 • Background: Fifty years ago, a powerful and peaceful voice for freedom was lost when Dr. Martin Luther King, Jr., was assassinated. Dr. King used his eloquence, his leadership, his sense of morality, and his belief in the power of peaceful resistance to awaken the nation's conscience and advance the cause of civil rights. As a founding member and first president of the Southern Christian Leadership Conference, he preached a message of nonviolence that became deeply rooted in the Southern communities he sought to free from oppression and that shaped the protests and campaigns that brought about new freedoms. Dr. King was instrumental in Virginia's fight for civil rights, making dozens of trips to the Commonwealth to encourage African American voter registration and involvement in the political process, to protest the closing of public schools and the widespread resistance to desegregation, to guide civil demonstrations against deeply entrenched segregation, and to preach a message of love and nonviolence across the Commonwealth. He promoted legislative change to encode the civil rights that he worked to advance, contributing to the dismantling of Jim Crow, the desegregation of institutions, and the enactment of the Civil Rights Act of 1964 and the Voting Rights Act of 1965. Dr. King encouraged nonviolence and lived the message of nonviolence and love that he preached. The Season for Nonviolence is a global grassroots campaign dedicated to raising awareness about the healing and transforming power of nonviolence and spanning the memorial anniversaries of Mahatma Gandhi and Dr. Martin Luther King, Jr. • Considerations: This resolution commemorates the 50th anniversary of the assassination of Dr. King and encourages the citizens of Virginia Beach to celebrate the Season for Nonviolence by recalling Dr. King's legacy and emulating his commitment to peace, unity, and compassion. • Public Information: Public information will be provided through the normal Council agenda process. • Attachment: Resolution Requested by Councilmembers Dyer and Kane REQUESTED BY COUNCILMEMBERS DYER AND KANE 1 A RESOLUTION COMMEMORATING THE 50TH 2 ANNIVERSARY OF THE ASSASSINATION OF DR. 3 MARTIN LUTHER KING, JR., AND RECOGNIZING THE 4 SEASON FOR NONVIOLENCE 5 WHEREAS, fifty years ago, on April 4, 1968, a powerful and peaceful voice for 6 freedom was lost when Dr. Martin Luther King, Jr., was assassinated on the balcony of 7 his motel room in Memphis, Tennessee; 8 WHEREAS, during his short lifetime, Dr. King used his eloquence, his leadership, 9 his sense of morality, and his belief in the power of peaceful resistance to awaken the 10 nation's conscience and advance the cause of civil rights; 11 WHEREAS, as a founding member and first president of the Southern Christian 12 Leadership Conference, Dr. King preached a message of nonviolence that became 13 deeply rooted in the Southern communities he sought to free from oppression and that 14 shaped the protests and campaigns that brought about new freedoms; 15 WHEREAS, in the course of these campaigns, Dr. King was instrumental in 16 Virginia's fight for civil rights, making dozens of trips to the Commonwealth to 17 encourage African American voter registration and involvement in the political process, 18 to protest the closing of public schools and the widespread resistance to desegregation, 19 to guide civil demonstrations against deeply entrenched segregation, and to preach a 20 message of love and nonviolence across the Commonwealth; 21 WHEREAS, Dr. King promoted legislative change to encode the civil rights that 22 he worked to advance, contributing to the dismantling of Jim Crow, the desegregation of 23 institutions, and the enactment of the Civil Rights Act of 1964 and the Voting Rights Act 24 of 1965; 25 WHEREAS, in response to fierce opposition, threats, surveillance, imprisonment, 26 and violence from those who feared his message, Dr. King encouraged nonviolence 27 and offered peace and unflinching courage in return; 28 WHEREAS, Dr. King lived the message of nonviolence and love that he 29 preached, believing, "Darkness cannot drive out darkness; only light can do that. Hate 30 cannot drive out hate; only love can do that"; 31 WHEREAS, the Season for Nonviolence is a global grassroots campaign 32 dedicated to raising awareness about the healing and transforming power of 33 nonviolence and spanning the memorial anniversaries of Mahatma Gandhi and Dr. 34 Martin Luther King, Jr.; 35 WHEREAS, the Virginia Beach Human Rights Commission joins the ViBe 36 Creative District, the Interspiritual Empowerment Project, Teens With a Purpose, 37 Children for Change, the Chrysler Museum of Art, Virginia Beach MOCA and other City 38 and community partners to herald the Season for Nonviolence and to encourage the 39 ideals of attaining peace through nonviolent action, as demonstrated by legendary 40 leaders Mahatma Gandhi and Rev. Martin Luther King, Jr.; and 41 WHEREAS, a half-century later, Dr. King's dream remains to be fully realized, 42 "that one day this Nation will rise up and live out the true meaning of its creed: We hold 43 these truths to be self-evident, that all men are created equal"; 44 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 45 VIRGINIA BEACH, VIRGINIA THAT: 46 The Virginia Beach City Council hereby commemorates the 50th anniversary of 47 the assassination of Dr. Martin Luther King, Jr., and encourages the citizens of Virginia 48 Beach to celebrate the Season for Nonviolence by recalling the legacy of Dr. King and 49 emulating his commitment to peace, unity, and compassion. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14348 R-1 March 26, 2018 a 42"61 4:44 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City Property Known as Treasure Canal, Located at the Rear of 2401 Spindrift Road MEETING DATE: April 3, 2018 • Background: James Edward Cowan and Maureen A. Cowan (the "Applicants") have requested permission to remove an existing 6'x12' pier, and to construct and maintain a 131 L.F. timber bulkhead (installed 2' channelward of existing bulkhead), a 6'x16' pier, a 8'x24' floating pier, with a 3'x8' ramp and a boat lift, and to maintain an existing plastic jet-ski float into a portion of City property known as Treasure Canal, located at the rear of 2401 Spindrift Road. • Considerations: City staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the Subdivision of Bay Island, which is where the Applicants have requested to encroach. • Public Information: Advertisement of City Council Agenda. • Alternatives: Deny the encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Pictures, Location Map, Disclosure Statement, Agreement, Ordinance and Plat. Recommended Action: Approval of the ordinance. Submitting De• - I e • gency: Public Works/Real Estate iv City Manager: / � 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS TREASURE 7 CANAL, LOCATED AT THE REAR OF 8 2401 SPINDRIFT ROAD 9 10 WHEREAS, James Edward Cowan and Maureen A. Cowan (the"Applicants") 11 desire to remove an existing 6'x12' pier, and to construct and maintain a 131 L.F. timber 12 bulkhead (installed 2' channelward of existing bulkhead), a 6'x16' pier, a 8'x24' floating 13 pier, with a 3'x8' ramp and a boat lift, and to maintain an existing plastic jet-ski float, into a 14 portion of City property known as Treasure Canal, located at the rear of 2401 Spindrift 15 Road, in the City of Virginia Beach, Virginia; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 26 assigns and successors in title are authorized to remove an existing 6'x12' pier, and to 27 construct and maintain a 131 L.F. timber bulkhead (installed 2' channelward of existing 28 bulkhead), a 6'x16' pier, a 8'x24' floating pier, with a 3'x8' ramp and a boat lift, and to 29 maintain an existing plastic jet-ski float, into a portion of City property as shown on the map 30 entitled: "EXHIBIT "A" - ENCROACHMENT FOR MAUREEN & JAMES COWAN", Scale 31 1"=30', dated July 7, 2017, and revised through July 14, 2017, prepared by Professional 32 Construction Consultants, LLC., a copy of which is attached hereto as Exhibit A, and on file 33 in the Department of Public Works and to which reference is made for a more particular 34 description; 35 36 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 37 expressly subject to those terms, conditions and criteria contained in the Agreement 38 between the City of Virginia Beach and the Applicants (the "Agreement"), an unexecuted 39 copy of which has been presented to the Council in its agenda, and will be recorded among 40 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 1 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as the Applicants and the City Manager or his authorized designee execute the 46 Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 49 day of , 2018. CA14025 R-1 PREPARED: 2/27/18 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d023\p027\00454053.doc APPROVED AS TO CONTENT: APPROVED)S TO LEGAL FFIC : • AND FORM: PUBLIC WORKS, REAL ESTATE v DA • '. ARMEYER SENIOR CITY ATTORNEY 2 S based on plat nyearded In E �1, TREASURE CANAL This N.pion 8 Pg. 15 and was prepared Alam W PROPOSED 131 LF. TIMBER BULKHEAD FLooD, without the benefit of a title search. INSTALL 2' CHANNELWARD OF EX. BULKHEAD (—EBB-- N N/F CITY OF VIRGINIA BEACH M.B. 45 P.15PROPOSED BOATUFT EX. PLASTIC JETSKI PROPOSED 6'x16' PIER 25% MLW TO MLW FLOAT TO REMAIN —— r—r "I—r? N PROPOSED 6'x24' FLOATING PIER (ENCROACHES 13.3' N N 24' WITH 3'x6' RAMP INTO CVB PROPERTY) N I _. S 85'54'01. W �\ o CO v h. 11.84' _ PROPOSED BOATUFT‘LL 11 1' N O1 16r I EX. DECKING ENCROACH MAX. 20.2 ai — INTO CVB PROPERTY _ EX. BULKHEAD REMOVE EX. O PROPOSED frx15'7Pp� O 37.__________..- 6'x12' PIER ' D4CROACH MAX. .5 INTO CVB PROPERLY (ENCROACHES 5.9' N KINTO CVB PROPERTY) PROPOSED RAMP ENCROACH MAX. 7.7• MRO CVB PROPERLY PROPOSED 8'x24' PIER Mi. •PIPE (f) ENCROACH MAX. 12.7' ® 147.0' LOT 251 INTO CVB PROPERTY N/F JEFFREY BERGER 24NDRIFT ROAD PROPOSED WILL GPON:5 5 4P199 99 3458 ENCROACH MAX. 25 MRO CMB PROPERTY PIN (f) Q 125.3' SHED Z 0 J - 8N W •a 8 n n 1 •• I n . LOT 249 N/F MILDRED STEED a a 2341 SPINDRIFT ROAD CONC. 1 STORY BRICK '- GPIN: 1499 99 5581 #2401 DRIVE a. a in 1n CD N —T H OF LOT 250i �I,A M.B. 45 PG. 15 1 //i! GRIN: 1499 99 4570 it 1 R« ARD T. BARTLETT c. No. 18335 'p Y 14,_2241-7- A=125.00' R=1637.00' O� / SPINDRIFT ROAD SSS/0NAL F, c., I 50' R/W REV 7/14/2017 lEd Iii EXHIBIT "A" - ENCROACHMENT 1" = 30' FOR ' ZONING: R-20 MAUREEN & JAMES COWAN ENGINEERING SERVICES PROVIDED BY: PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. JULY 7, 2017 SHEET 1 OF 1 PHONE: (757) 773-8084 EMIJL• RICKOPCC-LLC.COM 2401 Spindrift Road / N a r t riii f--,__ I - i .Tt ..../:_-____- ____i __ ____,, 73 _m __ __ SPINDRIFT L- --- --- RD _ _____ _----: ----------------- ____ _____ __._____________________ .______... __- , ___ __ __,_________, . , . L— lam_- �,.�i U� F— 1 L.__ ---' .. _^, k ____ . ,.. _ „. . , • i r. \. LOCATION MAP ENCROACHMENT REQUEST L__ FOR JAMES EDWARD COWAN AND MAUREEN A. COWAN Legend GPIN 1499-99-4570 C31499-99-4570 — Feet I 0 50 100 200 hbrepared by P W iEng Eng Support Services itureau 03:09:2018 3 CADD:Projects ARC Files'AGENDA MAPS'1499-99-45701499.99.4570 mrd - , 44 , 4 , A+r 7t ,:s ,I will , ' ' —vre _..,__ ::=„..--..,:y,- a. • lit .01, x" iFmit • �g' Rear of 2401 Spindrift Road GPIN: 1499-99-4570 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) �� /^ THIS AGREEMENT, made this 1) 3 day of I X 4 ' IC, 2018, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal cor.u ation of the Commonwealth of Virginia, Grantor, "City", and JAMES EDWARD COWAN and MAUREEN A. COWAN, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 250" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT" Scale: 1" = 100', dated October, 1958 and prepared by Frank D. Tarrall, Jr. and Associates & Surveyors and Engineers, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 48, at page 15, and being further designated, known. and described as 2401 Spindrift Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to remove an existing 6'x12' pier, and to construct and maintain a 131 L.F. timber bulkhead (installed 2' channelward of existing bulkhead), a 6'x16' pier, a 8'x24' floating pier, with a 3'x8' ramp and a boat lift, and to maintain an existing plastic jet-ski float, (collectively the "Temporary Encroachment"), in the City of Virginia Beach; and GPIN: (CITY CANAL KNOWN AS TREASURE CANAL- NO GPIN ASSIGNED) GPIN: 1499-99-4570-0000 - (2401 Spindrift Road) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Treasure Canal, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged. the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT "A" - ENCROACHMENT FOR MAUREEN & JAMES COWAN", Scale 1"=30', dated July 7, 2017, and revised through July 14, 2017, prepared by Professional Construction Consultants, LLC., a copy of which is attached hereto as Exhibit A and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. it is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the 3 insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City; It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes: may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, James Edward Cowan and Maureen A_ Cowan, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY NTENTIONALLE -LEFT BL ANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH. to-wit: The foregoing instrument was acknowledged before me this day of 2018, by CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH. to-wit: The foregoing instrument was acknowledged before me this day of 2018, by . CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH. VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By: `iy' r. Edward Cowan, Owner By: ur--n A. Cowan, Owner STATE OF CITY/COUNTY OF\/ , to-wit: 3a The foregoing instrument was acknowledged before me thi� day of 1c rc , 2018, by James Edward Cowan. (SEAL) Nota biic Notary Registration Number: L/0 �V JENNIFER DEW Notary Public Commonwealth of Virginia My Commission Expires: 0E/3/ /00 ( Registration#274014 My Commission Expires A .31,2021 STATE OF CITY/COUNTY OFI J R LC/C- , to-wit: The foregoing instrument was acknowledged before me ti i _day of DY(J Or , 2018, by Maureen A. Cowan. (SEAL) Notary Tub is Notary Registration Nurnberg- 7 e--/b / My commission Expires: 0 / 1 3 CQ I JENNIFER DEW Notary Public Commonwealth of Virginia Registration#274014 My Commission Expires A .31,2021 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL /MIFF! Y AND FORM SIGNATURE _ -.'- ARMEYER, PUBLIC WORKS f REAL ESTATE SENIOR CITY ATTORNEY TTONEF DATE S No i. TREASURE CANAL ibis site plan I. based on plat recorded In E w (CVB) M.B. 48, Pg. 15 and was prepared PROPOSED 131 LF. TIMBER BULKHEAD ~FLOOD without the benefit of a title search. INSTALL 2' CHANNELWARD OF EX. BULKHEAD �EBB- N N/F CITY OF VIRGINIA BEACH M.B. 45 P.15 PROPOSED BOATUFT Ex. PLASTIC JETSKI - PROPOSED 6'x16' PIER 25% MLW TO MLW FLOAT TO REMAIN - Ill NPROPOSED 8'x24' FLOATING PIER N- (ENCROACHES 13.3' f' 24' /WITH 3'x8' RAMP INTO CVB PROPERTY) N 1 I S 85'54'01 W o I CO N 11.84' N ami v PROPOSED BTU o 2you 1 1 1' 6 - EX. DECKING INTO CVB PROPERTY EX. BULKHEAD _ REMOVE EX. Q PROPOSED 6'x16' PIER WC 37'WILL6'x12' PIER ' ENCROACH MAX. 7.5 INTO CVB PROPERTY (ENCROACHES 5.9' N INTO CVB PROPERTY) PROPOSED RAMP WII,L ENCROACH MAX. 7.7 INTO CVB PROPERTY PROPOSED 8'x24' PIER WILL PIPE (f) ENCROACH MAX. 12.7' ® 147.0' LOT 251 INTO CVB PROPERTY N/F JEFFREY BERGER PROPOSED BULIMEAQ WILL 2405 SPINDRIFT ROAD ENCROACH MAX. 2.5 GPIN: 1499 99 3458 INTO CVB PROPERTY PIN (f) ® 125.3' SHED Z 0 O `'- O. N W o -1--- rL I ' 4 LOT 249 N/F MILDRED STEED 1 STORY BRICK ° • ° 2341 SPINDRIFT ROAD ' CONC. • GPIN: 1499 99 5581 #2401 DRIVE W � . ° In . . 4 . , h (0 ` N N .. • . ,, . PL T H OF • LOT 250 / IOWA M.B. 45 PG. 15 ►= I -/'AP GPIN: 1499 99 4570 N1t` g 0 ARD T. BARTLETT > c. No. 18335 op Y 14,__2cu-7- A=125.00' R=1637.00' �� X' es � SPINDRIFT ROAD S/0NAL � 0 30' 60' 50' R/W REV 7/14/2017 iiiiii 111111111i EXHIBIT "AN — ENCROACHMENT 1" = 30' FOR ZONING: R-20 MAUREEN & JAMES COWAN ENGINEERING SERVICES PROVIDED BY: PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. JULY 7, 2017 SHEET 1 OF 1 PHONE: (757) 773-8084 EMAIL: RICKOPCC-LLC.COM Virginia Beach APPLICANTS NAME Maureen Cowan 4-3oamc% COL)cc� DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property { Conditions or Proffers Alternative ' Economic Development INonconforming Use Compliance, Special Investment Program Exception for (EDI P) t Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board —� Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two 12)weeks pilaf to any Page 1 of 7 Plannin; Commission and Cit: Council meetin:that pertains to the a, ,lication(sl. • APPLICANT NOTIFIED OF HEARING I DAT L • NO CHANCES AS OF — DATE AS PPR 6,04% 31zZit8 • REVISIONS SUBMITTED DATE. i Ar1 Virginia B.aeh Check here if the APPUCANT IS NOT a corporation. partnership, firm, business, or other unincorporated organization. ECheck here if the APPLICANT /S a corporation, partnership, firm, business, or other unincorporated organization: (A) List the Applicant's name:__Maureen Cowan ec._0eLocA,,., if an LLC, list all member's names. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below. (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity ` relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footriotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 onlyjf Property owner is different from Applicant. C Check here if the PRQPERTY QWN.KR IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND TNS, complete the following. (A) List the Property Owner's name: _ If an LLC, list the member's names: Page 2 of 7 NAB lit ITll.i �St' l If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity relationship with the Property Owner: (Attach list if necessary) SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subect of the application or any business operating or to be operated on the P Page 3 of 7 USviight.Bese:'‘' z. " : j YES NO SERVICE PROYfDER-{fie aoriai sheets it 0 El Accounting and/or preparer of your tax return Q �� [-Architect / Landscape Architect I Land Planner Contract Purchaser (if other.than 12 the Applicant)- identify purchaser and purchaser's service providers 1' , Any other pending or proposed 0 ►TI. purchaser of the subject property I (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers I Surveyors/Agents Bartlett, P ., PCC-LLC \A Financing (include current p D 6 ;47 , mortgage 1" selected orE being considered to holders provide financing for acquisition or construction of the property) U Legal Services Real Estate Brokers / 0 IL Agents/Realtors for current and anticipated future sales of the 1 sub'ect •ro.ert a - -- ` SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NODoes an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development CI ��� contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 .,K.-.by • .-r A.r,exrx 4,,t td 2f»r,-. • - -. - � _ SCC -. _. CV 0 �� Virginia Beach .1 ^CERTIFICATJON: I certify that all of the information contained in this Disclosure Statement Form is1 complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information' ! provided herein two weeks rior to the Planning Commission, Council, VEDA I • eeting, or meeting of ny ublic body or committee in connection with this ? A• + 'cation. � �. t Maureen Cowan July 10 201 1 V 1 •r CANT'S SIGNATURE , PRINT NAME DA �_�_ TE J e S CCiu ,✓1 1 :oil (_ Page S of 7 ,Hum ., N,„,,i,„ igi ,I, la ik.,.....7- .; ..cz::..............,,,.:., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Authorize a Grant of $3,800 to TIDE Swimming, Inc., for the Blue Zone Initiative MEETING DATE: April 3, 2018 • Background: TIDE Swimming, Inc., has requested a micro-grant from the City in the amount of $3,800 to support the creation of a Blue Zone. Blue Zone initiatives integrate data-based life quality principles into a series of collaborative community partnerships. This partnership will support a visit from one of the executive leaders of Blue Zones to City Council as well as the community. The goal of this visit will be to create community support for health, wellness, and recreation. Other jurisdictions that are certified Blue Zones include Redondo Beach, Manhattan Beach, and Hermosa Beach, California and Waterloo, Iowa. • Considerations: The total micro-grant request is $3,800. Funding would come from the Non-Departmental budget unit's opportunity grants account. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached resolution. • Attachments: Resolution; Micro-Grant Application; Disclosure Form Recommended Action: Approval Submitting Department/Agency: City Manager's Office City Manager: 1 A RESOLUTION TO AUTHORIZE A GRANT OF $3,800 TO 2 TIDE SWIMMING, INC., FOR THE BLUE ZONE INITIATIVE 3 4 WHEREAS, Tidewater Swimming has requested a micro-grant from the City of 5 Virginia Beach; and 6 7 WHEREAS, the FY2017-18 Non-Departmental Budget included an appropriation 8 of funds for micro-grants; 9 10 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That a grant of $3,800 is hereby authorized from the FY 2017-18 Non- 14 Departmental Operating Budget to TIDE Swimming, Inc., in order to host an executive 15 leader from the Blue Zones organization to speak before City Council and the community 16 to foster support in health, wellness, and recreation. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Wt:,t) David Bradley Dana 'ar eyer Budget and Management S-rvices City Attorney's Office CA14349 R-1 March 28, 2018 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial 1t institutions, and the City seeks to know of the existence of such " f2 relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: _TIDE SWIMMING SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the g service: t YES NO [ SERVICE 1 PROVIDER (use additionald� sheets if IE 0 I Accounting and/or preparer of Accounting services your tax return provided by Sue Rosier Financial Services (include Operating Account (checking) 2 o lending/banking institutions and SunTrust Bank current mortgage holders as a.plicable) x: 7 g Legal Services tl C Ef Broker/Contractor/Engineer/Other ?, Service Providers 4 !CERTIFICATION: I I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. 1 I I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. /--!^ 7 11 t :- , 1 i I Jennie B Carder I 3/28/18 I A'PLICANT S SIGNATURE I PRINT NAME 1 DATE WE SWIMMING "Building Champions in Life Through the Sport of Swimming" March 26,2018 The Honorable William D. Sessoms,Jr.,Mayor City of Virginia Beach 2401 Courthouse Drive Building 1, Ste. 234 Virginia Beach,VA 23456 Dear Mayor Sessoms: On behalf of Tide Swimming, a 501(c)(3) organization based here in Virginia Beach, Virginia, please find a copy of our"City of Virginia Beach Community Services Micro-Grant"application attached for your review and consideration for sponsorship. This application supports our interest in partnering with the City to begin a critical community conversation: creating a healthier and sustainable community environment benefitting our citizens,schools, and businesses by securing options for a better quality of life. This enhanced quality of life has been studied and modeled for approximately fifteen years by nationally acclaimed author Dan Buettner, in partnership with National Geographic, through a concept known as "Blue Zones." The Blue Zones initiative integrates data-based life quality principles into a series of collaborative community partnerships. Those partnerships are used to alter the current lifestyle towards one that is characterized by good health and longevity. Realizing the potential benefits to the City of Virginia Beach, as a holistic locality, I think becoming designated as a Blue Zone community is worth consideration. While Tide Swimming's mission and capacity may not solely advance, or alone support the breath of actions associated with a community initiative of this size, we would be remiss if we did not do our part to get the conversation towards a Blue Zone pilgrimage started. To this end, we have submitted the attached Micro-Grant application, for the City's consideration to support funding to host a Blue Zone Community Interest Meeting. Our tentative date for this gathering of community shareholders would be Wednesday, June 6, 2018. This date is offered with preliminary planning underway between City Staff and the Blue Zones National Community Team. If I can provide any additional information in support of this application,please do not hesitate to contact me. We look forward to shepherding this critical conversation with your support. Sincerely, Katherine (Katy)Anis-Wilson President Tide Swimming Board of Directors VBCity of Virginia Beach COMMUNITY SERVICES MICRO-GRANT APPLICATION Organization Name: Tide Swimming Address: P.O. Box 4224 Virginia Beach, VA 23454 Phone: (757) 679-5954 (cell) & (757) 306-0591(office) Email: katyarriswilson@gmaiI.com Amount of funding requested:$3,800.00($250 minimum/$5,000 maximum) City Council Sponsorship: As a member of the Virginia Beach City Council, I hereby authorize my support of this application only for co sideration and potential approval by the City Manager. 0 7/0-1( / --- /29/i9 , Ci Council Member Printed Name/Signature Date Organization Status/Category Please select the option below that best describes your 501(c)(3)organization: ® Tax exempt under Section 501(c)(3) of the Internal Revenue Code with a valid tax exempt number. ❑ Recognized government entity:state, county,or city agency, including law enforcement,fire, or EMS departments (including volunteer organizations) requesting funds exclusively for public purposes. ❑ K-12 public/private school, charter school, community/junior college, state/private college, or university. ❑ Nondenominational organization, if authorized by Virginia State Code,Section 15.2-953,with i a proposed project that addresses and benefits the needs of the community at large. Page 1 of 3 El Non-profit organization having state, regional,or local services benefiting the residents of the City of Virginia Beach. Are you applying for funding for any of the organizations listed below?Yes ❑ /No El If yes, please select the organization. E American Cancer Society ❑ American Diabetes Association ❑ United Way ❑ American Heart Association ❑ Children's Miracle Network ❑ N/A ❑ Other Supporting Documentation Please type and attach the following information with your application.Applications without the following attachments will be incomplete, and not considered for approval. 1. Does your organization and the proposed program/service directly benefit the communities within the city limits of Virginia Beach? Please explain how (500 words or less). 2. Program/Project Description: Briefly describe your program or the service you intend to provide. Please include the following:Total project cost, other sources of funding (name, organization,501(c)(3)status,the amount of funding provided), and the program/project implementation time line (No more than 1,000 words). 3. Is your organization currently receiving any funding from the City of Virginia Beach for the current program, service, or project you are proposing via this application? Has your organization previously? If so, please provide a written explanation. Any explanation should note the City related entity providing funding, how much funding, and how long the funding partnership has existed. 4. Has your organization currently or previously received any funding from the City of Virginia Beach for any past program, service, or project outside of the item proposed in cuestion number three (3) above? If so, please provide a written explanation. Any explanation should note the City related entity that provided the funding, how much funding had been provided to date, and how long the funding partnership existed. Organization Authorization/Signature: I attest that the information provided in this application is factual to the best of my knowledge and understand if such information is determined to be false, that such action is grounds for termination and revocation of all funding authorized. I further commit that the use of grant funds authorized for my program, service, or project will be used for the designated purpose. The City Page 2 of 3 of Virginia Beach reserves the right to hold me and/or the organization I represent, via my signature below, as the responsible and accountable recipients of funding to repay all or part of the funding granted as determined by the City of Virginia Beach. I further understand that my organization is responsible for providing an annual financial report on the total grant expenditures, prepared by a Certified Public Accountant(CPA),within 12 months of receiving the grant award from the City. Organization Name: Tide Swimming_______ (Printed Name) Authorized Agent: Katherine Arris-Wilson (Printed Name) t l Authorized Agent: President Tide Swimming Board of Directors (Printed T' Authorized Agent: IP ,`/ , (Sig a ure) i Date: `; 7'10 1 t) 1 1 Page 3 of 3 Tide Swimming Community Services Micro Grant Application March 26,2018 1. Tide Swimming is a 501c3 that offers competitive swim instruction and swim lessons in the city of Virginia Beach at 3 YMCA locations -Hilltop,Mt Trashmore and Princess Anne. We are governed by an all volunteer,parent led Board of Directors. Our tag line is"Building Champions in Life Through the Sport of Swimming". We emphasize youth development and we also develop strong swimmers who are competitive locally,regionally,state wide and nationally. Because of the strength of their swimming stamina and skills, many of our swimmers lifeguard at the Oceanfront each summer. Through swimming we teach goal setting,work ethic,nutrition,teamwork and perseverance. 2. As part of our commitment to youth development and concern for our entire community, Tide Swimming would like to promote the city of Virginia Beach bringing Tony Buettner of the Blue Zones to speak to City Council and community stakeholders and leaders. We believe this program will not only improve the health of our community,we also believe it has the opportunity to elevate our city's status as a leader in heath,wellness and recreation. Tide Swimming seeks to be the initial spark to ignite broad community support of both local government and community stakeholders (CEOs,philanthropists, community leaders). Tide Swimming does not possess the resources to fully lead and implement the entire Blue Zones concept. The goal is for Tony Buettner's presentation to create that spark. Cost to Bring in Tony Buettner: Speaking fee: $2,500 Airfare (coach): $700* Accommodations: $250* Meals: $150* Other: $200*TBD. These may include securing a venue,technical support,and marketing of event. *Estimates $3800 NOTE: Tide Swimming proposes partnering with the city to bring Tony Buettner and the Blue Zones concept to the City of Virginia Beach. As a small non-profit, we do not expect nor have the resources to devote financially to expenses incurred above the requested grant. This grant request is contingent on the city or other reliable partner helping to make this event happen financially and administratively. We will need the city to lead soliciting the attendance of community VIPs 1 .„.6,:., ti, [ ,,,„:‘,7,.„, 4 L........) 12 .;., ..,5-e, k,::::.,:z:;., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $721,075 from the Fund Balance of the Tourism Advertising Program Special Revenue Fund to the FY 2017-18 Operating Budget of the Convention and Visitors Bureau for Advertising and Marketing Efforts MEETING DATE: April 3, 2018 • Background: In August, 1995, the City Council of Virginia Beach established the Tourism Advertising Program (TAP) Special Revenue Fund with the intent to utilize the TAP Fund for the City's travel and tourism advertising programs. This fund collects revenues dedicated from one cent of the percentage-based portion of the transient lodging tax, one- half cent of the restaurant meal tax, and a flat lodging tax of one dollar per night. The Council has continued its support by appropriating these revenues to the TAP Fund in the Operating Budget for the City's advertising and marketing programs to promote and increase tourism, conventions and amateur sports competition visitation to the City. These programs include the operation and maintenance of the Visitor Information Centers and additional regional and national advertising for the City with increased emphasis on marketing through the City's website, www.visitvirqiniabeach.com, and a variety of electronic media. • Considerations: At the close of FY 2016-17, the TAP Fund had an un-appropriated fund balance of$971,075. The fund balance results from previously appropriated funds that lapsed at the end of the fiscal period and accumulated interest. Additionally, revenues from the previous fiscal year that exceeded estimates are available for appropriation by Council. After review of the available fund balance, the CVB requests the appropriation of $721,075 from the fund balance for the following marketing purposes which will result in additional tax revenue for the City: 1. Increase investment in late summer and early fall promotion activities to impact visitation at a time when the City experiences a slow-down of tourism volume. ($676,075); 2. Invest in a sales program targeted to build brand awareness and increase convention lead activity from the Metro Washington DC market. ($45,000). If these funds are appropriated, the TAP Fund will have a fund balance of $250,000 to allow for an emergency reserve. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendation: Approve the attached budget amendment ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting De• - - e • : -ncy: Cony:ntio1 1 isitors Bureau City Manager: 1 AN ORDINANCE TO APPROPRIATE $721,075 FROM 2 THE FUND BALANCE OF THE TOURISM 3 ADVERTISING PROGRAM SPECIAL REVENUE 4 FUND TO THE FY 2017-18 OPERATING BUDGET OF 5 THE CONVENTION AND VISITORS BUREAU FOR 6 ADVERTISING AND MARKETING EFFORTS 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That $721,075 in the Tourism Advertising Program Special Revenue Fund is 12 hereby appropriated, with specific fund reserve revenue increased accordingly, to the 13 FY 2017-18 Operating Budget of the Convention and Visitors Bureau for advertising and 14 marketing efforts. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. Requires an affirmative vote by a majority of all of the member of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana Harmeyer Budget and Management Services City Attorney's Office CA14333 R-1 March 20, 2018 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate Funds to Provide an Interest-Free Loan to Sandbridge Rescue and Fire, Inc., for the Purchase of a New Ambulance MEETING DATE: April 3, 2018 • Background: The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own all the ambulances providing emergency medical transportation services in the City of Virginia Beach. They receive no direct tax funding for their operating costs to provide these services and do not charge patients for the medical treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through their individual squad fund drives, conducted annually. Depending on the availability of funds, the City provides some support costs for the rescue squads, such as providing standard equipment for the ambulances, physical facilities and spaces to house and support equipment and personnel, paying utility bills for facilities housing a rescue squad, providing or paying for property and liability insurance for facilities used to operate the volunteer emergency medical transport, providing or paying for fuel for ambulances, zone cars and other emergency service vehicles, providing or paying for insurance covering ambulances and other emergency service and support vehicles owned by the rescue squads, providing adequate staff and budget for volunteer EMS recruitment and retention programs, providing initial and continued training and education of volunteers, and providing shift supervision. The City of Virginia Beach has provided short-term, no-interest loans to the volunteer rescue squads servicing our citizens. The majority of these loans have been to provide initial capital for the acquisition of replacement ambulances. This agenda item is for a request for a loan from the Sandbridge Rescue and Fire, Inc., doing business as the Sandbridge Volunteer Rescue Squad (SVRS). The SVRS requests an interest-free loan from the City for a new ambulance to replace one that has exhausted its useful service life. • Considerations: This agenda request includes a letter from SVRS requesting the City to provide this loan. If approved by Council, the loan to SVRS is $260,000 and is payable in five equal annual payments of $52,000 each with the first payment due on March 15, 2019. • Public Information: Normal Council agenda notification process. • Alternatives: The alternative to this request is for the squad to pursue a business loan from a private financial institution, which will be costlier. • Recommendations: The Department of Emergency Medical Services recommends approval of this loan request and ordinance. • Attachments: Ordinance; Loan Agreement; Promissory Note; Request Letter from SVRS; Disclosure Form. Recommended Action: Approval Submitting Departme .Agency: Department of Emergency Medical Services66,/ City Manager: 10 C,.,;• I 1 1 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO SANDBRIDGE RESCUE 3 AND FIRE, INC., FOR THE PURCHASE OF A NEW 4 AMBULANCE 5 6 WHEREAS, Sandbridge Rescue and Fire, Inc., has requested an interest free loan 7 of $260,000 to purchase a replacement ambulance with required equipment. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That $260,000 is hereby appropriated from the fund balance of the General Fund 13 for an interest-free loan to Sandbridge Rescue and Fire, Inc., for the purchase of 14 a replacement ambulance with specific fund reserves increased accordingly; and 15 16 2. That this loan is to be repaid by Sandbridge Rescue and Fire, Inc., over five (5) 17 years, pursuant to the terms of the attached agreement and promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: - 1 Q14.9 J-) David Bradley an. 'arnleyer Budget and Management Services City Attorney's Office CA14336 R-1 March 21, 2018 I .., ' no* 7 Sandbridge Volunteer Rescue Squad „..."„,.....,..,.....___ ___ -... ....,,.a.,_..z..e,-+.........a.rw* !.-. J # . . .,, 1 , .11 . vit.40,14 Iltai 41 VI!...11-11,1 Dear Chief Braille. The Sandbridge Beach Volunteer Rescue is writing to request a No-Interest Loan from the City of Virginia Beach The loan will be used for the purchase of a new ambulance-, ----- -- for our rescue squad The ambulance will replace our 2003 Ford E-450. diesel unit 1723. This unit is still currently in rotation The new unit will be a 2018 Ford E-450,--,,,,, gasoline unit. We need to purchase this ambulance to keep our fleet in a serviceable condition and prevent unnecessary downtime. Along with servicing our community Sandbridge is a tourist destination and the ambulance will be vital to - ' '' our squad and provide the continual service to our citizens and guest. We respectfully request $260,000 to include replacement cost and the required electronic stretcher Sandbridge would like to repay this loan in five annual installments of $52,000 Sandbridge does not have any outstanding loans currently. The squad would very much appreciate the consideration for a zero-Interest loan afforded by the City of Virginia Beach Thank you for your consideration for our request and sponsoring our loan for acti=o—the Virginia Beach City Council. If you need any further information, please do not hesitate to contact us. Sinceretr.----., *a it.A.Ls —,,',. ... .'- ..-.. _. .,_-. -,,,. - .... .,... ,-.,7.,, -., ....,-- -.. . ;, '..:a__' .- ,,-- - .. r, •:.' Joan Da1;4Pres- ent Sandbridge Volunie_er Rescue Squad '.. int . . . . ,:, PROMISSORY NOTE $260,000 Virginia Beach, Virginia March, 2018 FOR VALUE RECEIVED, Sandbridge Rescue and Fire, Inc., ("Maker") promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of TWO HUNDRED SIXTY THOUSAND DOLLARS ($260,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent(0%) per annum. Payment on principal shall be as follows: On or before March 15, 2019 - $52,000 On or before March 15, 2020 - $52,000 On or before March 15, 2021 - $52,000 On or before March 15, 2022 - $52,000 On or before March 15, 2023 - $52,000 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part,before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). Sandbridge Rescue and Fire, Inc. (SEAL) Title: Date: Agreement between the City of Virginia Beach and the Sandbridge Volunteer Rescue Squad THIS AGREEMENT is made and entered into this day of , 2018, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Sandbridge Rescue and Fire, Inc.,a Virginia non-stock corporation("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia§§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services,and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of vehicles,the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicles. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices,pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicles through the CITY's Division of Automotive Services, so long as the vehicles remain CITY-insured. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicles according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date,and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If either of the vehicles is sold, after satisfying all conditions of the loan, including repayment,the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the 1 vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services,it shall be the responsibility of the RESCUE SQUAD to maintain the vehicles in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement,then, upon default of the loan, ownership of the vehicles shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicles and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicles, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicles' fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. SANDBRIDGE RESCUE AND FIRE, INC. CITY OF VIRGINIA BEACH City Manager/Authorized Designee By: Title: Date ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 2 i4 ey DISCLOSURE T.ATEMENT FORM rm The completion and submission of this form is required for all applications I wherein such applicant may utilize certain service providers or financial ` 1 - institutions, and the City seeks to know of the existence of such relationships in 11: advance of any vote upon such application. I Organization name, Sar dhr. d e Vc?Unteer Rescue - quad _ 1 Are any of the following services beimg provided in connection with the applicant? if the answer to any item is YES, please identify the firm or individual providing the service YES i lv I SERVICE PROVIDER (ucc additionad sleets If 1 needed) ,_ Accounting and/or prepa:er of E ilir your tax return Financial Services (include +,V lending/banking institutions and OF current mortgage holders as applicable) VLegal Services i T e - CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form is complete, true, and accurate. i; I understand I am responsible for updating the information provided herein ii it changes prior to the Council action upon this Application. 2 ... - .-gin , _ P ' e-` id - . SBV -3 FE FcJA Y 1 2018 x, - rS�Nu�H t fq4. CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: An Ordinance to Appropriate Funds to Provide an Interest-Free Loan to the Virginia Beach Rescue Squad, Inc., for the Purchase of New Ambulances MEETING DATE: April 3, 2018 • Background: The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own all the ambulances providing emergency medical transportation services in the City of Virginia Beach. They receive no direct tax funding for their operating costs to provide these services and do not charge patients for the medical treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through their individual squad fund drives, conducted annually. Depending on the availability of funds, the City provides some support costs for the rescue squads, such as providing standard equipment for the ambulances, physical facilities and spaces to house and support equipment and personnel, paying utility bills for facilities housing a rescue squad, providing or paying for property and liability insurance for facilities used to operate the volunteer emergency medical transport, providing or paying for fuel for ambulances, zone cars and other emergency service vehicles, providing or paying for insurance covering ambulances and other emergency service and support vehicles owned by the rescue squads, providing adequate staff and budget for volunteer EMS recruitment and retention programs, providing initial and continued training and education of volunteers, and providing shift supervision. The City of Virginia Beach has provided short-term, no-interest loans to the volunteer rescue squads servicing our citizens. The majority of these loans have been to provide initial capital for the acquisition of replacement ambulances. This agenda item is for a request for a loan from the Virginia Beach Rescue Squad, Inc., (VBVRS). The VBVRS requests an interest-free loan from the City for two new ambulances to replace one that has exhausted its useful service life and one that was destroyed by fire. • Considerations: This agenda request includes a letter from VBVRS requesting the City to provide this loan. If approved by Council, the loan to VBVRS is $350,000 and is payable in five equal annual payments of $70,000 each with the first payment due on March 15, 2019. • Public Information: Normal Council agenda notification process. • Alternatives: The alternative to this request is for the squad to pursue a business loan from a private financial institution, which will be costlier. • Recommendations: The Department of Emergency Medical Services recommends approval of this loan request and ordinance. • Attachments: Ordinance; Loan Agreement; Promissory Note; Request Letter from the VBVRS; Disclosure Statement Recommended Action: Approval Submitting Dep- - e► Agency: Department of Emergency Medical Services 1 -/L___City Manager: at` 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE VIRGINIA BEACH 3 RESCUE SQUAD, INC., FOR THE PURCHASE OF NEW 4 AMBULANCES 5 6 WHEREAS, the Virginia Beach Rescue Squad, Inc., has requested an interest free 7 loan of $350,000 to purchase two replacement ambulances with required equipment. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That $350,000 is hereby appropriated from the fund balance of the General Fund 13 for an interest-free loan to the Virginia Beach Rescue Squad, Inc., for the purchase 14 of replacement ambulances with specific fund reserves increased accordingly; and 15 16 2. That this loan is to be repaid by Virginia Beach Rescue Squad, Inc., over five (5) 17 years, pursuant to the terms of the attached agreement and promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: '19Q1u, David Bradley -B8na J-1 s - e er Budget and Management Services City Attorney's Office CA14334 R-1 March 21, 2018 PROMISSORY NOTE $350,000 Virginia Beach, Virginia March, 2018 FOR VALUE RECEIVED, Virginia Beach Rescue Squad, Inc. ("Maker") promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before March 15, 2019 - $70,000 On or before March 15, 2020 - $70,000 On or before March 15, 2021 - $70,000 On or before March 15, 2022 - $70,000 On or before March 15, 2023 - $70,000 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). Virginia Beach Rescue Squad, Inc. (SEAL) Title: Date: Agreement between the City of Virginia Beach and the Virginia Beach Volunteer Rescue Squad THIS AGREEMENT is made and entered into this day of , 2018, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Virginia Beach Rescue Squad, Inc.,a Virginia non-stock corporation("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services,and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of vehicles,the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicles. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices,pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicles through the CITY's Division of Automotive Services, so long as the vehicles remain CITY-insured. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicles according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date,and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If either of the vehicles is sold, after satisfying all conditions of the loan, including repayment,the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the 1 vehicle,unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services,it shall be the responsibility of the RESCUE SQUAD to maintain the vehicles in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement,then, upon default of the loan, ownership of the vehicles shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicles and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicles, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicles'fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. VIRGINIA BEACH CITY OF VIRGINIA BEACH RESCUE SQUAD, INC. City Manager/Authorized Designee By: Title: Date ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 2 AN,A eF 9� ki11111J94" Q E 5 ��t UNT EEA EST.1952 Tax ID Number:54-6047133 January 22, 2018 Chief Brazle, The Virginia Beach Volunteer Rescue Squad, Inc("VBVRS") is in the process of purchasing two ambulances for delivery in 2018.The first unit is scheduled for delivery in early April and is replacing a 10-year-old vehicle that was scheduled and recommended by the City Garage for replacement. The second unit,to be delivered before the end of the second calendar quarter, is to replace the unit that caught on fire this summer(Unit 1425), which was declared a total loss. Neither unit received any RSAF Grant funds. We respectfully request a$350,000, 5-year interest-free loan in order to fund the replacement program. The loan proceeds will be used to help cover the cost of the two ambulances (estimated $230,000/each).The ability to use the proceeds of a loan is important as it will avoid an immediate full- cost draw-down of our Principal Restricted Endowment, which is held and managed by the Virginia Beach Rescue Squad Foundation. It is the earnings on the endowment that fund the Foundation's city- wide recruitment program as well as the annual grant awards to other rescue squads, Marine Rescue Team and the SAR/Bike team. VBVRS continues to lead the volunteer EMS system with 138 Core Operational members and, after Creeds and Blackwater, have the highest median years of service. In addition, the squad responds to approximately one-third of EMS calls and routinely staffs other stations and lends ambulances to other squads when needed. Our ambulance committee has worked very hard in developing a best-value specification and has followed all City guidelines.Our two previous ambulance loans have been paid off. We will be using the $50,000 grant proceeds received from the City for replacing 1425 and the balance for the purchase of the ambulances and stretchers will be funded from funds on hand. Your consideration and assistance with this loan is greatly appreciated. Please feel free to call if you have any questions for the Squad. Sincerely, Travis W. Smith Chief,VBVRS VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC. 740 VIRGINIA BEACH BLVD. /VIRGINIA BEACH, VIRGINIA 23451 /PHONE 757-437-4830/FAX 757-437-0422 www.vbvrs.com DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. Organization name: , V gi"," Lci�eac.� L� Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return Financial Services (include lending/banking institutions and current mortgage holders as applicable) Legal Services CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council act- n upon this Application. .40 APPLICANT'S SIGNATURE cod ' -St e a r e r-- 02.4"/2* PRINT NAME DATE I ,,., 1 rg�� CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate Additional FY 2017-18 Grant Funds for the Community Corrections and Pretrial Programs MEETING DATE: April 3, 2018 • Background: Since FY 1995-96, the City has received Community Corrections and Pretrial Grants authorized by the Comprehensive Community Corrections Act and Pretrial Services Act from the Virginia Department of Criminal Justice Services (DCJS) for the Virginia Beach Community Corrections and Pretrial Program. The Community Corrections program provides sentencing alternatives to incarceration for persons convicted of certain misdemeanors or non-violent felonies for which sentences would be 12 months or less in a local or regional jail including: community service; home incarceration with or without electronic monitoring; electronic monitoring; and substance abuse screening, assessment, testing and treatment. The Pretrial Program provides information and investigative services to judicial officers (judges and magistrates) to help them decide whether persons charged with certain offenses and awaiting trial need to be held in jail or can be released to their communities subject to supervision. The second-year DCJS award was received subsequent to the adoption of the FY 2017- 18 budget and State funding was increased by $17,048. • Considerations: Due to an increase in state funding, an adjustment is required to the Human Services Department FY 2017-18 Community Corrections and Pre-Trial Grant Fund Budget. State funding is increasing by $17,048, and this amount must be appropriated prior to expenditure. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Approval of Ordinance • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Human Services Departme4 City Manager. 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 ADDITIONAL FY 2017-18 GRANT FUNDS FOR THE 3 COMMUNITY CORRECTIONS AND PRETRIAL 4 PROGRAMS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $17,048 is hereby accepted from the Virginia Department of Criminal Justice 10 Services and appropriated, with state revenue increased accordingly, to the FY 2017-18 11 Operating Budget of the Department of Human Services for Community Corrections and 12 Pretrial Programs. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,P 0 David Bradley •ana--ar eyer Budget & Management Services City Attorney's Office CA14341 R-2 March 23, 2018 i I\ (8:',..,:(-7.>:,...,-.P-:1), CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Funds to CIP #4-500, Park Playground Renovations III from a Cash Payment In Lieu of Park Reservation MEETING DATE: April 3, 2018 • Background: The Sherborne Manor Subdivision is a proposed residential subdivision of 12 dwelling lots on a 2.4 acre parcel of land at 321 London Bridge Road, zoned R-5D Residential District. It is a relatively small single-family residential infill subdivision that is insufficient to require a neighborhood park dedication. City Council adopted a policy in 1995 to allow for cash payments in lieu of park reservations, particularly when park land dedications would be less than one acre in size. The proposed development would yield a park dedication of only .14 acres, significantly less than the 1 to 5 acre minimum size preferred for a neighborhood park. In this particular case, both staff and the developer agree that providing a cash payment in lieu of park reservation is the most appropriate option for addressing the subdivision's recreational impact. The payment would be appropriated toward improving a City Park property in the same planning district. • Considerations: Representatives of the Sherborne Manor Subdivision have agreed to the Cash in Lieu of Park Reservation Payment in accordance with the City Council policy (attached). The amount of the payment is based on the .14 acre (6,262.19 square feet) dedication requirement of the subdivision, multiplied by the assessed value per square foot of the entire site ($3.85), as determined by the Real Estate Assessor. The dedication requirement for the 6,262.19 square feet x $3.85 = $24,109 cash payment in lieu of park reservation. • Alternatives: There are four options for addressing recreational/open space requirements for residential subdivisions that have appropriate zoning: park/open space reservation; park/open space deeded to HOA; park/open space dedication; or a cash payment in lieu of park reservation payment. City Council may require the developer of the Sherborne Manor Subdivision to reserve, dedicate or deed to the HOA the total parkland/open space requirement instead of making the cash payment. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Location Map of the Sherborne Manor subdivision; Cash Payment in Lieu of Park Reservation City Council Policy; Disclosure Recommended Action: Approval Submitting De.a = .t/Agency: Department of Parks and Recreation 340 City Manager. lk ' ►— r 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS TO CIP #4-500, PARK PLAYGROUND 3 RENOVATIONS III FROM A CASH PAYMENT IN LIEU 4 OF PARK RESERVATION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $24,109 is hereby accepted from the Sherborne Manor Subdivision development 10 in lieu of a park reservation and appropriated to CIP #4-500, "Park Playground 11 Renovations III." Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /Q, • David Bradley Dai :'Harmeyer Budget and Management Services -- ity Attorney's Office CA14338 R-1 March 21, 2018 v.i. tv 2 E ci c 0 I'D‘ \ \NOM a) 3 .2 .47.co Li. 8 3 m > ....--- — a- c\I `Ei ,.T., > w r... as \ \ 4C M CL I" E \ Z n L — ) uJ t L. 0') (r) z 0 r'z co.s \ O c 12- ch T. .7. cc ...„ .4. — >- .....1 0 icE cL: Cl/e/f0 - - - / 0 , O c •=-' F. /VOQ ---- --- CC 3)) --- /V0 -__-_-:--- c,L_ 2 c 0 - _ x a- (:) .6 CD = as ---, .0 V) ---------------______ CA —CU o 3 N, C.) ...'s rist - C-------_-___ a) --- E >, to o_,- .c (/) r ' .1 '' '', ,-' t''''- C (5 7 ,,, o ._ co ._ cp .- cc " U Z .0 a) = E ,•-• I r] I i ) i.- a) CI 6 ' (1,) I - cr c , ri ... ..o : - I-- CD c-----1 _• - , I ( 1! 1 4... ,-----/ \-----"\ r--------:- I r- ( r ' co O csj 0 It :t c) W el CL. c:3 2 E Cl- [I- lk /" >. CK "ta e V o 0_ BaIDG LOND°N C >. cu ... i j.,, 0,-ii a) -c, 2 z 0) o a. - a _1 e .:L. LL1 cl ri 4., LyNiewAvEN zr z it G11.11'.$ C rr....r.---, _,.."-44.84, .. aCity oun�� oicy¢,,,,t„ .7.0., .....,..?,,_z-;.....,_..._ . , ,,,.......„ , 1.7p t *r a� OF OUR YI.S�p Title: Cash Payment in Lieu of Park Reservation Index Number: 3.01 Date of Adoption: Date of Revision: Page 1 of 2 1.0 Purpose and Need for Policies and Procedures Section 4.5 of the Subdivision Ordinance, Public Sites and Open Spaces, has been used as the tool to acquire neighborhood parks and open space in developing areas. Section 4.5 is also a tool for acquiring sensitive environmental land. It requires the developer to reserve a parcel of land for open space and recreational purposes according to a formula based on lot size. The City has the option of purchasing this reserved land within five years at current market value. The following alternatives to reservation are currently available in the Subdivision Ordinance: Dedication: Dedication of land at no cost to the City. Dedication is one-half of reservation requirement specified in the Subdivision Ordinance. Other Arrangements: Other mutually agreeable arrangements approved by City Council which could include a cash payment. Homeowners'Association: Establish a homeowners'association which would own the property and would constitute an equivalent recreational amenity. # As noted,Section 4.5 of the Subdivision Ordinance allows for cash payments as an alternative to reservations. Cash payments in lieu of a reservation or dedication is desirable when the dedication requirement is small (less than one acre) or due to an analysis of existing open space/recreation amenities in relation to standards based . on population, it is determined that additional land is not needed. This policy is needed to clarify the process and value for determining cash payments to ensure a consistent and equitable approach for cash payments. This policy is intended as a guide for determining cash in lieu of reservations or dedications. The current subdivision ordinance cannot require cash payment in lieu of reservations or dedications. Once received, the cash payments are to be designated for improvements within the planning area of the developing subdivision. 2.0 Policy Cash payments are recommended as an acceptable alternative to dedication of open space area when the dedication requirement is such that the resulting park space would not be a useful amenity based on statistical criteria and standards used for acquisition of park space (generally less than one acre). All cash in lieu of payments are to be determined by the City Real Estate Assessor and based on the dedication requirement multiplied by the assessed land value. In the case where a property has a current land value and market value due to land use taxation for qualifying farm and reforested property, the market value will be used to determine the cash payment. Cash payments will be due upon approval by City Council unless other arrangements are approved by City Council. 3.0 Procedure to Accomplish Policy Subdivision plans are currently reviewed for compliance with the Subdivision Ordinance as coordinated by the Planning Department. Parks and Recreation reviews all subdivision plans required to meet Section 4.5 of the Subdivision Ordinance. The procedures and policies are in place to determine the reservation or dedication requirement. The assessed value of properties is determined by the City Assessor's Office. } 4.0 Responsibility and Authority The Director of Parks and Recreation shall be responsible for coordinating the review process for cash payments. Representatives from the Department of Parks and Recreation, Public Works/Real Estate,City Assessor's Office, Department of Planning, and the City Attorney's Office will review cash in lieu of payments. The City Assessor's Office will determine the assessed land value. The Director of Parks and Recreation will review the proposal for cash in lieu dedication/reservation against the City's Outdoors Plan and attach a signed finding of conformity/compliance with the Plan. 5.0 Definitions Dedication Requirement: Defined in Section 4.5 of the Subdivision Ordinance. The dedication requirement is one half of the reservation requirement. Assessed Value: Current monetary value of the property as determined by the City Assessor's Office. 6.b Specific Requirements All cash payments in lieu of park dedications are to be approved by City Council as identified in the Subdivision Ordinance. Staff will provide statistical analysis, appraisal information, calculation of the cash payment, and agreement from the developer. A cash in lieu of form and agreement will be used in this process (see attached). These items are to be included in the Agenda Request for approval of the cash payment. Approved as .4/1/95- to Content: Director/Administrator Date Approved as 6(f /tel to Legal Sufficiency: iYcv't City Attorney D te Reviewed by: 731 k), " L F 'v" ' O `9 C .nager Date J APPROVED BY n I a Q J CITY COUNCIL: `a ' Aida . &iw .I. a, ` Oc!/ Mayo Date Vuginia Beach APPLICANT'S NAME Bribra Building Corp., A Virginia Corporation DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Franchise Agreement Street Closure (Historic Review Board) g Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and Cit;Council meetin_;that pertains to the application(s). 0 APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: L1..J REVISIONS SUBMITTED DATE: Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Bribra Building Corp., A Virginia If an LLC, list all member's names: Brian Large, President Brad Waitzer If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) n/a (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) n/a See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. XI Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Bribra Building Corp., A Virginia C If an LLC, list the member's names: Page 2 of 7 If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Brian Large, President Brad Waitzer (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) n/a 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page3of7 ) ( .. to APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return © C Architect/ Landscape Architect/ WPL Land Planner C © Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed C Q purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ® 1-1 Construction Contractors Garrett Johnson, Inc IIEngineers/Surveyors/Agents WPL Financing (include current Towne Bank 1=1 ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Sykes, Bourdon,Ahem, &Levy Real Estate Brokers / nJ Agents/Realtors for current and anticipated future sales of the subject property •r SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have C an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 haY Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application Brian Large 3/12/2018 •" -17 'S SI i a PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO r SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return EE Architect/ Landscape Architect/ WPL Land Planner © Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ® Construction Contractors Garrett Johnson,Inc ® IJ Engineers/Surveyors/Agents WPL Financing (include current Towne Bank E ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) E JJ Legal Services Sykes, Bourdon,Ahem,&Levy Real Estate Brokers / x Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have H I an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 !..,. e.. .,%4 t ..z +.,., - r�-'...s..=Roa,. ..,,x .. .Mx'' .!' .:. �"Si u`.rek 111 S Virginia Beach, CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Brian Large 3/12/2018 .''NE•' NATURE PRINT NAME DATE -- t Page7of7 `N1 yv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Federal High Intensity Drug Trafficking Area Funds from the Supreme Court of Virginia for a Drug Treatment Court MEETING DATE: April 3, 2018 ■ Background: The High Intensity Drug Trafficking Areas (HIDTA) program, created by Congress with the Anti-Drug Abuse Acts of 1988, provides assistance to Federal, state, local, and tribal law enforcement agencies operating in areas determined to be critical drug trafficking regions of the United States. The purpose of the program is to reduce drug trafficking and production in the United States by: • Facilitating cooperation among Federal, state, local, and tribal law enforcement agencies to share information and implement coordinated enforcement activities; • Enhancing law enforcement intelligence among Federal, state, local, and tribal law enforcement agencies; • Providing reliable law enforcement intelligence to law enforcement agencies needed to design effective enforcement strategies and operations; and • Supporting coordinated law enforcement strategies which maximize use of available resources to reduce the supply of illegal drugs in designated areas in the United States as a whole. The Department of Human Services was originally awarded $41,600 in Federal HIDTA Funds. However, administration of this grant will be through the Commonwealth Attorney's Office. These funds will be used to support four patients for five months and three patients for ten months of residential inpatient treatment and medication-assisted treatment detox. These funds will also support transitional housing for four clients. • Considerations: The total award for this grant is $41,600. There is no match required for this funding. • Public Information: Public information will be provided through the normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting D- •a .y - • Agency: Commonwealth's Attorney - r City Manager. �,- 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FEDERAL HIGH INTENSITY DRUG TRAFFICKING AREA 3 FUNDS FROM THE SUPREME COURT OF VIRGINIA FOR 4 A DRUG TREATMENT COURT 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 $41,600 from the from the Supreme Court of Virginia is hereby accepted and 10 appropriated, with revenue increased accordingly, to the FY2017-18 Operating Budget of 11 the Office of the Commonwealth's Attorney for a drug treatment court. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: wukf David Bradley Dana Frmeyer Budget and Management Services City Attorney's Office CA-14337 March 22, 2018 R-1 [... r��L i rS�,�{f b 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds from CIP # 8-025, Beach Replenishment II to CIP #8-409, Chesapeake Beach Restoration MEETING DATE: April 3, 2018 j • Background: The City received two bids for the Chesapeake Beach Restoration (CIP #8-409) on Monday, March 12, 2018. The apparent low bidder is Great Lakes Dredge & Dock at $4,831,900, compared to our Engineer's Estimate of $4,190,000 and available project funds of$4,257,011. This creates a shortfall of$574,889 to certify funds for the construction contract. The second lowest bidder was Weeks Marine at $9,198,000. The two qualified local contractors, Norfolk Dredging and Cottrell Engineering, did not bid because their equipment that would be used on this project is committed to other work during the delivery period. The driver for the bids coming in higher than estimated is the price for mobilization. Great Lakes Dredge & Dock priced mobilization at $2,035,000, Weeks Marine priced it at $4,150,000, and the Engineer's Estimate was $1,000,000. Great Lakes' unit price for placed sand is $7.40/CY, lower than our estimate of$8.45/CY. • Considerations: Given the urgent need to move this project forward, awarding the contract to Great Lakes Dredge & Dock is recommended. This will require a transfer of funds in the amount of $1 ,058,079 from CIP 8-025 Beach Replenishment II to address the construction contract shortfall of $574,889 and to provide $483,190 (10%) for construction contingencies to CIP #8-409, Chesapeake Beach Restoration. After this transfer, the available project balance in CIP #8-025 will be $1,534,905, with proposed additional annual appropriations of$2,250,000, $2,350,000, and $2,550,000 in fiscal years 2019, 2020 and 2021, respectively, The total available for this project after three years of additional appropriations is anticipated to be sufficient to cover the City's 35% cost share when this city-federal project begins beach replenishment in FY 2021 . • Public Information: Normal City Council agenda process. i • Recommendations: Approval of funds transfer to facilitate the critical restoration of Chesapeake Beach. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works 4 City Manager: 1 AN ORDINANCE TO TRANSFER FUNDS FROM CIP #8- 2 025, BEACH REPLENISHMENT II TO CIP #8-409, 3 CHESAPEAKE BEACH RESTORATION 4 5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 6 OF VIRGINIA BEACH, VIRGINIA, THAT: 7 8 A total of$1,058,079 is hereby transferred from CIP#8-025, Beach Replenishment 9 II to CIP #8-409, Chesapeake Beach Restoration to fund the estimated cost of 10 construction and provide for contingencies. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 29 / David Bradley • _Dafia Har eyer Budget and Management Services City Attorney's Office CA14343 R-1 March 22, 2018 J. PLANNING 1. ARGOS PROPERTIES II, LLC for a Conditional Change of Zoning from AG-1 & AG-2 Agriculture to P-1 Preservation and R-10 Residential at the North side of Princess Anne Road DISTRICT 7—PRINCESS ANNE APPLICANT REQUESTS DEFERRAL TO JUNE 5, 2018 RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL .„.....i..A.,, isg,„ rr,st "tib o4v It.,,,, a, a2; ' s .a*� AF:1 iso gkra..:`.:J NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, April 3, 201.8 at 6:00 p.m., at which time the following applications will be heard: DISTRICT 7-PRINCESS ANNE Argos Properties II, LLC Conditional Change of Zoning (AG-1 & AG-2 Agriculture to P-1 Preservation & R- 10 Residential) North side of Princess Anne Road (GPIN 2404245926) All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at: htto://Www.vbgov.cofn/a.. For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERKS OFFICE at 385-4303; Hearing impaired call 711 (Virginia Relay -Telephone Device for the Deaf). BEACON: MARCH 18 & 25,2018-1 TIME EACH. . .• i ft..., kw Wig , It - • - ..—-1 • • ,. --f; . Pr-- 11 I I a r/ eall' .s• it \ V 01' , 41161104 - - -11 w• 1111fr.':--___.i • --i:- •-40 .._ **, , ,,•_ ,.......... ___ . , . ,_ ... 0 . \ I, :\,, .tl - cil le,' .. 1, j . 4. 1 \L .:. 1 . -\\ 1 - x N .1 -. :: . \\\ - '' - : - Nsio .-\ -7, -1 0 7 , ,e.A.N. , . -, ok. * . cr\-'( 1 , .,.. .N...:. ..1/4, ik NI, ila o1, 01,k - _ ,•, < 1 ct• .. . „. 0 . 4100 elf . 441°444 114411 44.!‘.111 .S\ 10 CO h. lip,!- ..." . • ..,.41, ii c`.I II \b, L,.1, I • .A.4 t_ i ..t.0Aw.-.. 40 ...„. is *46, AT • , 44I I *406. 1 'l II , , , , ,._., , a iit.... .4",:,.A.,.„.> . . .--•.....-- : i 0 p • � psi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ARGOS PROPERTIES II, LLC [Applicant & Property Owner] Conditional Change of Zoning (AG-1 & AG-2 Agricultural Districts to Conditional R-10 Residential & P-1 Preservation Districts) on the property located on the north side of Princess Anne Road, approximately 700 feet east of Fenwick Way, (GPIN 2404245926), COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: April 3, 2018 • Background: The applicant has requested a deferral of this application likely until the June 5, 2018 City Council hearing, in order to review in-depth the Planning Commission's concerns. The subject 50.84 acre site is currently zoned AG-1 & AG-2 Agricultural Districts. The applicant proposes to rezone 15.10 acres to Conditional R-10 Residential District in order to develop the site with up to 32 single-family homes, and to rezone 35.74 acres to P-1 Preservation District as part of the open space component of the development. A single point of ingress/egress is proposed along Princess Anne Road, unavoidably located within the Floodplain Subject to Special Restrictions (FSSR). All of the proposed residential lots will be located outside the FSSR, as required by the Floodplain Ordinance. Likewise, no individually-owned properties will include land with the 50-foot wide Southern Rivers Buffer. A mix of one- and two-story dwellings is proposed. Each of the single-story dwellings is proffered to have a minimum of 2,000 square feet of living area and a two-car garage. Each of the two-story dwellings will have a minimum of 2,800 square feet of living area and a two-car garage. The proffered elevations depict building exteriors consisting of primarily fiber-cement board siding and/or masonry. • Considerations: The site is located within the 65-70 AICUZ (Sub-Area 2). As part of the review of this rezoning, the applicant appeared before the Joint City-Navy Review Process (JRP) Group on September 28, 2016. The JRP Group found that the proposed development meets the requirements of Section 1804(c) of the Zoning Ordinance. As recommended by the Comprehensive Plan, the applicant has submitted a preliminary drainage study to the Development Services Center (DSC) outlining the proposed stormwater strategy for the subject site. As a result of the review, Argos Properties II, LLC Page 2 of 2 the DSC concurs that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site. There were three speakers in opposition at the Planning Commission public hearing. The first two speakers noted concerns about traffic, flooding and quality of life issues with additional residents moving into the area. The third speaker, who is the developer of the adjacent property which is currently under construction, voiced specific concerns that in her opinion, the applicant is not providing their fair share of financial contribution for the upgrades to the vacuum sanitary sewer service that will service her development and the applicant's development. The Planning Commission voted to deny the application 7-3, noting concern that the single ingress/egress connection point to Princess Anne Road will, from time- to-time, be impassable during larger storm events. Concerns surrounding stormwater issues were also noted. Since the Planning Commission's public hearing, and as indicated by the applicant's attorney during the hearing, Staff has received a revised proffer agreement that includes the additional proffer below. Proffer #7 requires disclosure to future homeowners that portions of Princess Anne Road and also the new right-of-way into the neighborhood may flood during storm events. Proffer 7 The Grantor will be affirmatively required to include in the Home Owners Disclosure Documents that Princess Anne Road and portions of the newly dedicated public right of way into the development may flood during a 100 year storm or other severe weather events. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend denial of this request by a vote of 7-3, with 1 abstention. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department City Manager: Applicant& Property Owner Argos Properties II, LLC Agenda Item Public Hearing February 14, 2018 City Council Election District Princess Anne 7 coo Virginia Beach Request w,"'ngto^way Conditional Rezoning (AG-1 &AG-2 ) 7D-75dBDNL Agricultural to Conditional R-10 Residential & P- \ ondocreYFa.u,e 1 Preservation District) O__, I 55.70 dB DNL le kammo Parkway Staff Recommendation ." Approval a c Staff Planner -,;a $ ay I --_tom Carolyn A.K. Smith s,„ 4., .4,,,,p Location M°r0,o North side of Princess Anne Road, yE ,,.` ky"'' approximately 700 feet east of Fenwick Way 1.0'''' ,,,6,4 'a i4* peMS GPIN 2404245926 Site Size 50.84 acres AICUZ 65-70 dB DNL; Sub-Area 2 ' Watershed a,Q,roaan tai►. Southern Rivers ,s, r Nims P kcv'ay Existing Land Use and Zoning District a 'J Woods/AG-1 &AG-2 Agricultural t(e ..• .a 6 f �i ,d4. 'F'd ok Surrounding Land Uses and Zoning Districts ��� • ,,;, - jj North ti 0 WoodsAG 1 Agricultural . o .,�elit.•6, / g am, 144• e 5 ' , South ^� `• 14 Princess Anne Road - _�o ,: �<� *, # Single-family dwellings/AG-2 Agricultural S . ` 4M.- ---."". "'$.,,,`\ East a_Princess Anne Road +4 ' West Neck Creek ,+' Woods/Conditional R-10 Residential i„, West Single-family homes under construction/ Conditional R-10 Residential Argos Properties II, LLC Agenda Item 7 Page 1 Background and Summary of Proposal • The subject 50.84 acre site is currently zoned AG-1 & 2 Agricultural Districts.The applicant proposes to rezone 15.10 acres to Conditional R-10 Residential District and 35.74 acres to P-1 Preservation District. • The proffered concept plan depicts 32 single-family home sites 'clustered' on the southwestern portion of the property. A single point of ingress/egress is proposed along Princess Anne Road. This proposed public right-of- way will unavoidably be located within the Floodplain Subject to Special Restriction; however, no Floodplain Variance is required for public streets. • As the majority of the property is located with the Floodplain Subject to Special Restrictions (FSSR) and impacted by the Southern Rivers Buffer and wetlands, the remaining 35.74 acres is proposed to be rezoned to P-1 Preservation District. All of the proposed residential lots will be located outside the FSSR, as required by the Floodplain Ordinance. Likewise, no individually-owned properties will include land with the 50-foot wide Southern Rivers Buffer. These environmentally sensitive areas, as well as all open space areas, will be part of the homeowners' association's property. • As recommended by the Comprehensive Plan, the applicant has submitted a preliminary drainage study to the Development Services Center (DSC) outlining the proposed stormwater strategy for the subject site. As a result of the review, the DSC concurs that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site. However, this review is not a formal approval of the submitted stormwater plan. More details will be required and a formal review will take place during review of the construction plan through the DSC. The applicant is aware and understands that the proposed site layout, and perhaps ultimately the number of units, may need to be altered as a result of the final analysis. • A 20-foot wide pedestrian easement is depicted between Lots 12 and 13, providing a connection to the City park located in the adjacent Princess Anne Quarter neighborhood, as well as trail connections located beyond the park. • A mix of one- and two-story dwellings is proposed. Each of the single-story dwellings is proffered to have a minimum of 2,000 square feet of living area and a two-car garage. Each of the two-story dwellings will have a minimum of 2,800 square feet of living area and a two-car garage. The proffered elevations depict building exteriors consisting of primarily fiber-cement board siding and/or masonry. • The site is located within the 65-70 AICUZ (Sub-Area 2). Section 1804(c) of the Zoning Ordinance states that residential rezonings may be approved if the City Council finds that the proposed development is at a density similar to or lower than that of surrounding properties and no greater than that recommended by the Comprehensive Plan, and conforms to the applicable provisions of the Comprehensive Plan. As part of the review of this rezoning, the applicant appeared before the Joint City-Navy Review Process (JRP) Group on September 28, 2016. The JRP Group found that the proposed development met the requirements of Section 1804(c). • The density of the Princess Anne Quarter neighborhood located to the west is 2.44 units per acre, and Princess Anne Quarter East, currently under construction, will be 1.94 units to the acre.This proposed development, with up to 32 units on 21.34 acres of density-eligible area (as per Section 200 of the Zoning Ordinance), will have a density of 1.5 units per acre. Argos Properties II, LLC Agenda Item 7 Page 2 • The expansion of the Princess Anne Quarter East neighborhood required upgrades to the existing sanitary sewer system.That work is currently underway. In order to aid in offsetting the City's cost for these upgrades, the applicant has voluntarily proffered payment of$4,400 per dwelling. _# Request 1 CUP (Home Occupation)Approved 12/08/2015 CRZ(AG-1 and AG-2 to Conditional R-10)Approved 10/23/2001 2 CUP(Home Occupation) Indefinitely Deferred 05/22/2012 CRZ(AG-1 and AG-2 to Conditional R-20)Approved R-7.5* AG-'1 \ 09/28/2004 ": O r,i1_ SVR Approved 10/28/2004 �� 6 ` CRZ(AG-1 and AG-2 to Conditional R-7.5)Approved -c a®s.� 01/28/1997 O At,; , CRZ(AG-1 and AG-2 to Conditional R-7.5)Approved % ■ R-io. 03/11/1997 fp r: 3 CUP(Religious Use)Approved 05/09/1995 .4101e. .• f s 4 CRZ(Conditional R-10 to Conditional PD-H2(R-10)) NI ' Ita p ` R�0* MIL Approved 08/10/2004 c\,\K)\ 0* � ...$ <' �� MOD Approved 08/10/2004 � CRZ(AG-1 and AG-2 to Conditional R-10)Approved 3 g � 0 05/25/1999 e , ► SI*.�, � 40 � � 5 CRZ(AG-2 Agricultural District to Conditional PD-H2 (R- �M �` �� ► 41# �! � 7.5))Approved 07/02/2013 _41'.41P' �g® G-2 wf t1� �'" j 1 6 CUP(Open Space Promotion) Denied 10/26/2000 __ _ a'l' / A962 CRZ(AG-1 and AG-2 to Conditional R-10) Denied t �--..._ 10/26/2000 7 CRZ(AG-1 and AG-2 and R-10 to Conditional R-10) Approved 08/10/1999 SVR Approved 08/10/1999 8 CRZ(AG-2 to Conditional R-10)Approved 04/19/2016 CRZ(AG-1&AG-2 to Conditional R-10)Approved 04/19/2016 SVR Approved 04/19/2016 FVR Approved 04/19/2016 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance i Evaluation The requested change of zoning, in Staff's view, is consistent with the Comprehensive Plan's policies and land use goals for the Suburban Area. The Special Area Development Guidelines, part of the Comprehensive Plan's Reference Handbook, includes design recommendations for the Suburban Areas addressing site, building, and landscape design. Below is a brief evaluation of the applicable Guidelines. Site Design Natural Features:The layout of the development is respectful of the most significant environmental features on the property. Much of the property is heavily wooded and will remain in a natural state. The Floodplain Subject to Special Restrictions is also present on portions of the property along Princess Anne Road and on the northeastern portions of Argos Properties II, LLC Agenda Item 7 Page 3 the property. No development,other than for the single access point along Princess Anne Road,will occur within the Floodplain Subject to Special Restrictions. The proffered layout plan depicts 35.74 acres to be rezoned to P-1 Preservation District and set aside for open space.Within the actual 12.80-acre "development area," up to 4.72 acres are depicted on the layout plan to be dedicated to open space. Access and Circulation:The Guidelines recommend minimization of traffic conflicts and access points and emphasize safety.As depicted on the proffered plan, only one point of ingress/egress is proposed along Princess Anne Road. Comments from Traffic Engineering indicated that, as with all new developments,the proposed roadway's width and the cul-de-sac radius must all meet Public Works' Standards.The Comprehensive Plan also encourages interconnectivity between neighborhoods for reasons of safety and traffic flow, including the movement of pedestrians/bicycles.The conceptual site plan indicates a pedestrian connection to the open space located in the adjacent Princess Anne Quarter neighborhood.This connection will also provide pedestrian and bicycle connectivity from this neighborhood to Nimmo Parkway and beyond. Landscaping: The Guidelines recommend that during the design process, new development should,within reason, preserve and integrate into the overall design existing healthy trees and groundcover, especially in high visibility areas of the site.As mentioned above,the prime development area is densely wooded.The individual homes will be required to meet the minimum requirements of the Tree Planting, Preservation and Replacement Ordinance, in this case at least 600 square feet of new tree canopy unless existing trees on site are preserved.Also, street trees will be also be required along the new right-of-way and must be depicted on a Master Street Tree Plan that will be submitted with the construction plans. Stormwater Management as Landscape Features:The Guidelines recommend that stormwater management facilities be integrated into the neighborhood design as open space, landscape and streetscape amenities. Given the configuration and environmental characteristics of the site,the stormwater management facility will be located near the front of the neighborhood.As recommended by the Comprehensive Plan,the applicant submitted a preliminary drainage study and City Staff concurs that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements. Signage:A single, monumental-style, brick-based freestanding sign is proposed along Princess Anne Road.A detail is provided in this report. Setback&Building Location: Residential structures should abide by the setback provisions of the City Zoning Ordinance. The project meets this Guideline. Building Design Architectural Elements and Building Materials:Architectural materials used on structures should be long-lasting, attractive,and high quality while reflecting the character of the area associated with it. Structures should be architecturally designed with proportional elements of scale, mass, and height both in relation to the site and to the surrounding environment.Visual interest should be provided through window and door details,varied rooflines, consistent textures and color, as well as staggered placement of the buildings.The proposal entails the creation of single-family lots, consistent with the existing residential neighborhood.The submitted elevations appear to be in keeping with the desired proportional elements, scale, mass, and height in relation to the surrounding area. In sum,the proposed lots,dwellings, and density will be similar to those in the surrounding neighborhoods in terms of type, size, design and intensity of use. Based on the considerations above,Staff recommends approval of the request subject to the proffers below. Argos Properties II, LLC Agenda Item 7 Page 4 Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)).Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, it shall be as a residential subdivision of single family homes,substantially in accordance with the Plan dated October 30, 2017 and designated "The Reserve as Princess Anne," prepared by American Engineering,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the "Plan").The Plan designates the Development Area and the Preservation Area. Proffer 2: When the Property is developed, it will be subdivided into no more than thirty-two (32)single family residential building lots.When the Property is developed,the total number of single family dwellings permitted to be constructed on the property shall not exceed 32. Each two-story dwelling shall contain a minimum of 2,800 square feet of enclosed living area excluding garage and each one-story dwelling shall contain a minimum of 2,000 square feet of enclosed living area excluding garage. Every dwelling shall have a 2 car garage and off street parking for at least two vehicles. Proffer 3: When the Property is developed the areas shown on the Plan outside the thirty two (32) lots, rights-of-way to be dedicated to the Grantee are designated as Open Space areas.The Open Space areas shown on the Plan as"Forested Open Area" shall remain in their natural state with existing vegetation and trees and shall not be disturbed to maintain the undeveloped status of this area.The Open Space areas shown on the Plan shall be maintained by a Homeowners' Association to be established by the Grantor upon development of the Property. Membership in the Homeowners' Association shall be mandatory. Proffer 4: When the Property is developed, street lights shall be a black colonial head mounted on a black pole at distances and heights to be determined during site plan review. Proffer 5: The Grantor shall submit for review by the Director of Planning, during site plan review and prior to the application for building permits,the exterior elevations, architectural features and building materials for each of the home designs proposed for construction. The exterior building materials shall be a combination of architectural shingles, raised metal seam roof accents, Hardie Plank or similar fiber cement siding, or masonry, as depicted or substantially similar to the Exhibits dated October 30, 2017 and entitled "The Reserve at Princess Anne Elevations," which have been exhibited to the City Council are on file with the Virginia Beach Department of Planning. Proffer 6: Provided that the City of Virginia Beach allows the development(including all 32 homes)to connect to the vacuum sewer main located along Princess Anne Road ("Vacuum Main") and does not require the Grantor to expand or upgrade the capacity of the Vacuum Main in order to service the proposed development, in addition to any other fees and rates required,the Applicant shall provide a contribution of Four Thousand Four Hundred Dollars($4,400.00) paid to the City of Virginia Beach Department of Utilities ("Public Utilities")for each home constructed on the Property for the mitigation of impacts on its sanitary sewer system.The contribution shall be paid to Public Utilities at the time each building permit for each house is issued. Argos Properties II, LLC Agenda Item 7 Page 5 Proffer 7: Further conditions may be required by the Grantee during Subdivision Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Proffer 8: The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed.The conditions, however, may be repealed, amended,or varied by written instrument recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended.Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such content,and if not so recorded, said instrument shall be void. Staff Comments: The proffers listed above are acceptable,as they represent a quality development that is consistent and compatible with the surrounding properties. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings,quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability,and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. More specifically,this site is in the vicinity of the West Neck Creek Greenway and West Neck Creek Natural Area. This greenway corridor is part of the City's efforts to acquire, manage and protect lands in a strategic manner to develop an interconnected system of green spaces that conserves natural ecosystem functions, sustains clean air and water and provides places for flood control, recreation and civic engagement. (p.7-7,7-8) Argos Properties II, LLC Agenda Item 7 Page 6 Natural and Cultural Resources Impacts There are no known significant cultural resources associated with the site.Although a minimum of 12.80 acres of wooded land will be cleared for the development, 35.74 acres will remain wooded and will be rezoned to P-1 Preservation District. The site is located in the Southern Rivers Watershed and is adjacent to West Neck Creek. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. The US Army Corps of Engineers has approved the delineation of 1.22 acres of jurisdictional wetlands.Additionally, and as previously mentioned, a large portion of the site is impacted by the Floodplain Subject to Special Restrictions(FSSR),the FEMA designated floodway and the Southern Rivers 50-foot buffer. Most of these areas are located along the eastern portion of the property adjacent to West Neck Creek.As such, no new lots will be created within the buffer,the floodway or within the FSSR. The proposed public street,with a connection to Princess Anne Road,will require development activities within the FSSR; however, no Floodplain Variance is required for public roads. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic - Princess Anne Road 12,750 ADT 1 15,000 ADT' LOS°"D„ Existing Zoning 2 10 ADT Proposed Land Use 3-380 ADT 1 Average Daily Trips 2as defined by AG-1&AG-2 3as defined by up to 38 single-family 4 LOS=Level of Service Agricultural Zoning dwellings Public Utility Impacts Water There is an existing 16-inch City water main along Princess Anne Road.This subdivision must connect to City water. Public water must be extended by the developer to serve each single-family parcel with an exclusive tap and meter. Sewer There is an existing eight-inch City vacuum sewer main along Princess Anne Road.This subdivision must connect to City sewer. A public vacuum sewer system must be extended by the developer to serve each single-family parcel with an exclusive lateral. The existing vacuum sewer system does not have capacity to accept flow from this development; however, enhancements to the system are currently underway. Argos Properties II, LLC has voluntarily proffered payment of$4,400 for each dwelling in order to aid in offsetting the City's cost for these upgrades. More details will be required and a formal review will take place during review of the construction plan through the Development Services Center. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Princess Anne Elementary 573 657 11 10 Princess Anne Middle 1,505 1,584 6 5 Kellam High 2,038 1,857 9 8 1"Generation"represents the number of students that the development will add to the school. 2"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Argos Properties II, LLC Agenda Item 7 Page 7 Proposed Site Layout ;1 w U -moi < Oy '941_ ,rte U 4 I. , \•4 n as ,L �v •/ ; 'C = `S� m �LL it i 1 - '" , \K41 ° 41 . 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':" • .. .:`-":-'x' '4,:s.:*-.,}.--7..e.30'. • V4 --- . * ''''A''' '."#7,4014.W4::‘1;*1•4;4111,4.-1f;&:4: 2''" ,1_.''',. * i,''1:' ,WI"'Nil"' i•. ' . . ', -J"',' :,,,....‘.4..,--i `V, •4. ..4 l:4 '' .4.:4'•:'''kt' .*..,7..:•':: ''- 1' 4•'; ''' i. 'P 41: .:i.-, ,'.'r,i'ff•-i.-.,.' ,''';',14I-..-'Ai' ,,.. ,5441; drw 4.;.;1, 4i1-4.1-' * AL% &...V f--u-4.** .oir•,'''t ' -'. 4 -, ' "*.!4•L'Il. 4 '',• tv-'`)M -.: , ' .4.'. ••• . .... it Qe... .44 ', ..' ..o.-.. -....eittior, ..•- 46. ., -- -. ... Argos Properties II, LLC Agenda Item 7 Page 13 Disclosure Statement tt�VM Virginia Beach APPLICANT'S NAME Argos Properties, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY J Ai s rn :updated two 42)w prior to r Page 1 of 7 Plannino Commission and thu' rs to t' �Iicanon' ElAPPLICANT NOTIFIED OF HEAT NGIE /) g NO CHANGES AS OF 'E 3 /?Z/ lc Jimmy McNamara REVISIONS SUBMITTED Argos Properties II, LLC Agenda Item 7 Page 14 Disclosure Statement 1VB Virginia Beach ElCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. rCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: Estate of Irene Galiotos (Executors: Steve and Tasos Galiotos)Steve Galiotos,Paul Galiotos,Tasos Galiotos, Anthony Galiotos Trust (Trustees: Steve Galiotos,Tasos Galiotos and Paul Galiotos) If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 0 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page2of7 Argos Properties II, LLC Agenda Item 7 Page 15 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va.Code§ 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Argos Properties II, LLC Agenda Item 7 Page 16 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of Fentress and Webb, PC your tax return I I Architect/ Landscape Architect/ RBA Land Planner ❑ `_ Contract Purchaser(if other than the Aoolicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property(identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents American Engineering Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ►jt Legal Services Sykes, Bourdon�aAmen&nCadoLe vy Wilcox and Savage Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Argos Properties II, LLC Agenda Item 7 Page 17 Disclosure Statement 113 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. -re-, ,, Gil.,'c t-, , ,l)//,/h APPLICANT'S SIGNATURE PRINT NAME DATE I I Page 5 of 7 Argos Properties II, LLC Agenda Item 7 Page 18 Item#7 ARGOS PROPERTIES II, LLC Conditional Change of Zoning-AG-1 &AG-2 Agriculture to Conditional R-10 Residential&P-1 Preservation;North side of Princess Anne Road,approximately 700 feet east of Fenwick Way District- Princess Anne Ms. Rucinski: Okay, the next item on the agenda is item number seven, Argos Property II, LLC is an application for a conditional change of zoning AG-1 and AG- 2 Agricultural to P-1 Preservation and R-10 Residential and property located on the north side of Princess Anne Road, District 7, Princess Anne. Ann Crenshaw: Good afternoon Mr. Chairman and madam, vice chairman and members of the Commission. Thank you for the opportunity to speak and I am grateful that I had the opportunity to attend the informal session this morning. Since the informal session... Edward Weeden: Excuse me, for record please. Ann Crenshaw: Oh, I am sorry. Ann Crenshaw, I am a member of the law firm of Kaufman & Canoles in the Virginia Beach office and I understand the conundrum that the commission faces in terms of balancing private property rights, the owners of private property and the obligation to protect [Inaudible] [01:02:29] and I understand from the comments this morning that the great concern is the flooding of Princess Anne Road and ingress and egress to that piece of property on Princess Anne Road. I have had an opportunity to speak with my clients and with Ms. Smith in the Planning Department and I propose an amendment to my proffers and that amendment would read the proposed amendment to the proffers would include an affirmative 1 requirement that there be a full disclosure in the HOA documents in both print that Princess Anne Road and portions of the new public right-of-way into the development may flood during a 100-year storm or other severe weather events. This would, the proffers of course would, be recorded within the land records, so record of the City of Virginia Beach and would run with the property and would be included in the homeowner's package that they would be well made aware that there was this possibility. Staff recommends approval, we have worked with staff for almost two years on this project and have as the stormwater regulations have changed, we have reduced the number of lots. There are no more than 32 homes; however, we are well aware that the stormwater conceptual strategy has a potential to comply with stormwater regulations, that there will be as there are in all projects, a full-blown plan done, which must be approved by Ms. McIntyre and the DSC. The applicant understands that additional requirements maybe required and that there is also the potential to lose additional lots due to the approval process. Ms. McIntyre added some interesting points, I thought that Princess Anne Road does not flood in a 10-year storm, in a 100-year storm, it may flood between 7 and 10 inches and the 100-year storm was defined as a 9 inches of rain per hour. I understand that we also have issues with that Inaudible [01:05:14] for stormwater, which is why we added the sentence other severe weather events in the disclosure. This property consists of 50.84 acres, 37.74 of those acres are asked to be rezoned to P-1. They will not be disturbed. They will be their natural vegetation and they will be maintained by the homeowners' association at no cost to the City. It 2 was also brought out this morning that if we elected to keep them as AG-1 lots, we potentially could build one to two houses on that portion that has been designated as preservation. There is a total of 12.8 acres of developed lots of that though average 4.72 acres are to be green space open space. The surrounding neighborhoods have a density, for example Princess Anne Quarter, of 2.44 houses per acre, Princess Anne Quarter East, which is adjacent and under construction, is 1.9 units per acre. We propose 1.5 units per acre. All the houses are outside the floodplain; the ingress/egress is unavoidably in the floodplain. There was no other way to get in and out of this property other than Princess Anne road. Thanks to Mr. Lowman, this morning we now know that the portion of Princess Anne Road is currently seeing traffic impacts of 12,000 cars per day, down substantially from the traffic was before Nimmo Parkway was constructed. This project has connectivity with a 20-foot pedestrian bike easement to the new park being constructed on adjoining neighborhoods. The guise within the 65 to 70 zones of Sub Area 2 and the Navy has approved this project. The sewer upgrades are being conducted by the City, we have voluntarily agreed to offer $4,400 dollars per dwelling to offset any additional cost for that. In short, this project meets all the requirements of the comprehensive plan, the site, the quality of the building, the landscape design, and the interconnectivity. I have Mr. Martin here with Martin Engineering, well now American Engineering, who can answer any specific questions with regard to stormwater or runoff or any of those issues. Thank you. Mr. Thornton: Thank you, any questions of Ms. Crenshaw. Thank you, standby for 3 rebuttal. Ms. Rucinski: We have one speaker who is important, that's Brad Martin. Brad Martin: I don't want to restate everything that Ann said and my name is Brad Martin from American Engineering, 448 Viking Drive in Virginia Beach. Thank you all for your time and what you do for the city. Just very briefly, we have been put through a more thorough analysis process on this project than what certainly has been done before. I want to say thank you to the staff, not only to Carolyn who certainly leads a great planning staff and Barry as well, but everybody top to bottom from Don Piron in utilities to Nancy McIntyre in the Development Service Center, the folks on the third floor with the stormwater engineering center. I would just make one point and it is kind of restating something that Ann said, it's not lost on staff and I am confident it's not lost on you that this property is about 50 acres and we are only intending to develop about 25% of the property, we are developing about 12 acres into 32 lots and unlike some other potential developments, where you see these epic rain fall events or even tidal events that cause the damage in the flooding that we have seen in the past where stuff gets to a bottle neck and it backs up the system, that's not going to be the case here because we have 38 acres of wetlands where stuff can just flow over and get into the canal that's right there. So this is a very unique piece of property, we think we are doing a responsible job in developing. Thank you, I will be happy to answer any questions. Mr. Thornton: Questions for Mr. Martin? Mr. Ripley. 4 Mr. Ripley: Can you tell us the level of degree you had to go through as far as calculating the runoffs and whether this property would be suitable for development or you had a point where you almost had a final or tell us, I mean, I am just, I know that the concern for the city is very great in that area and I think it could be good to hear what [Crosstalk]. Brad Martin: Thanks for the question. It certainly is for us too as well. It's not something where we want to create a situation where we are adding to or exacerbating challenges that are already out there. We know that Princess Anne Road is low, but the analysis that we have done starting with the Galiotos family that goes back like Ann said almost two years that was before Hurricane Matthew when we started this project before any of these regulations came around, but obviously we will go to finalize stormwater design, but just to answer your question, I would say we are about 85% there right now. We have done almost everything but set the grades of the road, we know they have to be outside of the 100-year flood elevation, but we have done everything but set the precise grades of the roads and figure out exactly where the storm structures and what the sizes of the pipes are, so we have done a very thorough analysis of this development and obviously we have got to see that cross the finish line and we are not going to do anything that's going to denigrate the existing situation out there. Thank you. Mr. Thornton: No more questions?Thank you Brad. Brad Martin: Thank you. Ms. Rucinski: Okay, our first speaker in opposition is Joe Brown. Can you please state 5 your name for the record? Joe Brown: Yes, good afternoon, my name is Joe Brown, here on behalf of my parents Mr. and Mrs. Edward Brown, as well as the Princess Anne Quarter Civic League. Like I said, my name is Joe brown, I am representing my parents who are residents at 2304 PIerce Lane in the Princess Anne Quarter neighborhood, which is adjacent to the proposed development site. I am also here on behalf of the Princess Anne Quarter Civic League to advocate for a strong opposition of this development. To the Planning Commission, I want to thank you for letting me speak and I hope you consider these reasons and facts before voting on this matter. There are number of issues with this proposed development, the most important issue is flooding. The proposed development site is on wetlands like you just heard, this land feeds the Back Bay Watershed by way of West Neck Creek, which flows southeast under the bridge on Princess Anne Road, just before Seaboard Road. The proposed development would have an entrance off of Princess Anne Road just passed our neighborhood where I have seen this road is impassable not only during hurricanes, but during frequent rain storms. Although, the proposal states that this property is on the western portion of the floodplain, I have pictures that show this area does flood frequently and it floods badly. I will pass some pictures of the flooded road at the end. So quick story, we recently had neighbors move in a few months ago next door and when they went to turn on the water, they were met with literal sewage backing up into their brand new house. Why? Because the pumping station is overloaded. I guarantee you the money that it would take to fix 6 this pumping station overload would outweigh by far any property taxes that this development may give this City. We have seen issues with the stormwater pumping and sewage pumping in our neighborhood already and this proposed development would make it even worse. The area behind our home is now a retaining pond, when the trees were cut down and taken out, this show of mice and rat infestation out of the woods and into our houses, that's what we deal with, right? We also have found a number of dead animals around our property because of the current developer has killed what was their habitat. This proposal would simply cut down more trees which I found ironic because there is a sign up on General Booth by the new Aldi that says "Virginia Beach, City of Trees," it would kill more animals and continue to negatively affect my neighbor's and my family's quality of life. We were under the impression that no equipment from the current developer, Ashdon Builders, would be in our neighborhood, but there are currently trailers, backhoes, bulldozers and other equipment up and down Fenwick Way, including the entrance of our neighborhood. They have created multiple potholes and destruction at our neighborhood entrance. I am here on behalf of my parents who cannot be here because of medical reasons. My parents and our neighbors on Pierce Lane have worked hard their entire lives to build a home and enjoyed good quality of life that they truly deserve. They spent extra money when we bought our house in 2005 brand new to have their backyard as woods to have privacy, peace and quiet, but now they are told that the developer wanted to build 18 houses behind their house and now before the 18 houses are even built, 7 a new developer wants to build 32 more houses. I ask you, when will enough be enough? My neighbors and I have suffered enough to our quality of life already. We have had damage occur to our houses due to the current construction including completely cracked windows, misaligned doorways, foundation issues, nails popping out, mice and rat infestation, and more, and not to mention the multiple areas where they tore the asphalt to dig and replaced it with gravel. Additionally, there is increased safety risk to our children in the neighborhood due to the additional traffic. As many of you know, Princess Anne Road is already very heavy with traffic and now this new proposed development would need a turning lane to be built because the road is only two lanes with one going each way. We want Virginia Beach to prosper, but there is a right time and right place for development and the proposed land is by far the wrong place. The flooding that has shut down Princess Anne Road numerous times shows that this location is not a location to build homes on. The developer likely has a plan to manage stormwater on the site, but what about all the stormwater on the City road?What about when the river under the Seaboard bridge floods and puts this swampland completely under water? Again, please see my pictures after I conclude. There are more negative consequences and benefits from this proposed development. The flooding on this land shows this is a less than an ideal area and this proposal would hurt the quality of life of my family, my neighbors, my entire neighborhood's quality of life even more than it already has been. The developer would likely propose BMPs which are not maintained with mosquito control, the existing 8 Princess Anne Quarter Civic League collects donations from residents to chemically treat for mosquito control. The City does not maintain the BMP for mosquito control. I would like to add one last thing, I am a production control manager and we build Fast Attack Submarines for the United States Navy. I can tell you that it all starts with a well-thought out plan. We have to build a safe and reliable submarine for sailors to go accomplish mission zone and there cannot be any bad affects that what we do. This relates because this plan has bad effects involved. Families would not be able to enter or leave when the road floods. This includes emergency vehicles and others while I will plan to move forward and risk the safety of those would be residents and I would like to touch base on this 100-year storm, it's not a fluke that this 100-year storm causes flooding on Princess Anne Road, like I said we have lived there since 2005 and I have seen the road go under water where it is impassable numerous times, more than a dozen times, but I would like to point out these two pictures and excuse our printer color, the first one and I can pass this around. This is of Princess Anne Road looking towards the proposed development area as you can see this is not inches of water, this is multiple feet of water. You could turn into our neighborhood but you cannot keep going because you will stall and quite frankly float away. I would like to pass this around. Mr. Thornton: We have those in our package. Joe Brown: Great, so you are with me. Second picture, this is a zoomed in picture of the proposed sign as you can see the sign stating that they want to develop and that sign is actually underwater. Again, this is not just flooding, this is lunar 9 tides and it's wind that drives the water up, the creek, flooding Princess Anne Road, like Mr. Martin said this is wetlands and the property is not suitable for development and like you can see in these multiple pictures that this is feet of water we were talking about. It's not ideal real estate because of the flooding and the effects of the quality of life of my family and my neighbor's family. I would love to take any questions. Mr. Thornton: Any questions for Mr. Brown? Thank you sir. Joe Brown: Thank you. Ms. Rucinski: Our next speaker is John Lynch. You can state your name for the record please? John Lynch: John Lynch, gentleman, board members, I live at 2341 Princess Anne Road, which is directly across the street from the proposed development, I moved down to Princess Anne Road and where I live now because it had a rural atmosphere. It had a large lots including all the ones along the historic j district since then, we have got more, you know, Holland and Princess Anne, we got a subdivision, we got another subdivision at Princess Anne East, we got another subdivision going in the Princess Anne south. So I mean if you want to make it all R-10 then let's make it all R- 10 from Indian River north and then we don't have to have all these planning commissions, but I feel that we are losing the agriculture zone down there and the feel of our neighborhood that we love so much. The other thing is the pressure around the area, it was already eluded too but there is already pressure on Princess Anne Road even though we have Nimmo Parkway 10 going through, Princess Anne Road is already backed up enough, if we put another subdivision in there, call it 30 homes, call it two cars per home going in and out of there, I foresee we are going to need street lights on Princess Anne Road, if we are going to put that many more people in there on Princess Anne Road, we were probably going to get some sidewalks on the road because looks like, they already had some bike paths and stuff inside of that proposed neighborhood, so I don't know how they are going to get out there on their bike paths on to the road. The flooding, I am concerned about that. My house is in a flood zone, the more buffer we take away from the creek, from West Neck Creek than the more that water is going to push up, so we are going to have to add, we will add to make the subdivision and that's one less spot for the water to go into the wetlands into, so it's going to come to my house next. There's where it's going to go and it's going to build up all along there. The sewers in the storms were already eluded too, we got an ancient sewer system. I am super excited that we are going to be updated, thanks for that, but now, here we go, now we got a little extra capacity supposedly going in on the new sewer system but as we add more people and now more elevation, then we are going to also be putting that vacuum sewer system underwater again and causing same problems that we have been having. Finally, I am in summary, I am opposed to it for statistics, for already pressure on the land and pressure on our utilities. Thank you. Mr. Thornton: Thank you Mr. Lynch. Any questions for Mr. Lynch, Jeff? Mr. Hodgson: You did say your property is directly across from the access or the entrance 11 way to this pretty much looking at the satellite, have you had trouble getting into your driveway due to flooding? Have you experienced any of the issues where you see the road? Mr. Lynch: Yeah, that the road floods. It floods probably twice a year. Mr. Hodgson: Okay, and you have had trouble getting in and out or you able to? Mr. Lynch: I have a higher vehicle, if I had a normal size vehicle, I would probably not be able to get out. Mr. Thornton: Other questions? Thank you sir. Ms. Rucinski: Okay, our last speaker is Ginny Cross. You can please state your name for the record? Jennie Cross: My name is Ginny Cross, I am with Ashdon Builders. Do I need to give you my address,business address? Ms. Rucinski: Just tell me your name. Girmy Cross: Okay great, good afternoon Mr. Chairman, Mrs. Vice Chair and Planning Commissioners. I am here speaking on behalf of Ashdon Builders. Back in August of 2016, we received rezoning approval for 18 lots in Princess Anne Quarter East, which is ended up at 15 lots. This property is contiguous with the subject property. Knowing the Galiotos family had the adjoining piece and that they planned on rezoning their property around the same time, we reached out to them. We met with them and we knew that they had a rezoning coming up on their property around the same time. We were hoping that they would join in our efforts of working together to 12 come up with a fair and equitable arrangement to address the improvements that are needed. After many meetings with Mr. Galiotos, the last of which included Dave Hansen and Public Utility officials discussing the problem in that quarter with the sewer, we believe the Galiotos' were going to agree to pay their pro rata share, a calculation based on the number of lots that are approved. We spent many hours working with Debbie Bryan, City Attorney, and Don Piron from Public Utilities to generate a cost participation agreement. Ms. Bryan included Mr. Galiotos, also an attorney, as part of this agreement only to learn later and after he intentionally caused delays, that he would not sign this agreement. His intentional and deliberate delay allowed him to avoid City proffers given the bill that passed in July of 2016. This is simply not fair to the Virginia Beach taxpayers or Ashdon Builders, especially since the construction of this upgraded sewer line will soon began. We have a $1,120,000 dollar cost participation agreement with the City to build this vacuum sewer line. We are the general contractor for it. Argos' pro rata share would have been 33%, which is almost $15,000 a lot. They have offered to pay $4,400 a lot in this rezoning. Instead it is costing the city taxpayers a minimum of $300,002 and Ashdon approximately $56,000 more than we would have had to had they participated. We have already had to post an irrevocable letter of credit for $224,000 before we even start this development. This is all required upfront, so before Argos obtains the rezoning approval, they should be required to do the same. We are having to pay almost $15,000 a lot, they should too. This does not give any consideration of the amount of 13 time taken to get to this point, job delays, any additional that we continue to take as a general contractor for the vacuum sewer project. They should offer to pay their fair share as originally discussed, thus reducing the burden on the taxpayers and Ashdon Builders. We are not speaking against this development; we are only asking that they do the right thing and the fair thing. Thank you. Mr. Thornton: Thank you Ginny. Any questions for Ms. Cross? Thank you. Ms. Rucinski: There are no more speakers on this application. Ms. Thornton: No more Ms. Crenshaw. It's your time. Ms. Crenshaw: Thank you Mr. Chairman. Edward Weeden: State your name for record again,please. Ann Crenshaw: Ann Crenshaw, I am an attorney with Kaufman & Canoles in the Virginia Beach office. I would first like to speak to Mr. Brown's concerns. I really cannot speak too, you know, when property was cleared by Ashdon Builders and animals came into their homes and what not and I certainly cannot talk about the quality of their construction that he has complained about. Frankly, I think we are back to where I started with and that these folks own a piece of property that they want to develop. They have property rights and they are offering to do, let me back up and say contrary to what Mr. Brown said and Mr. Lynch said, we are not building in the wetlands, they are jurisdictional wetlands that are defined by the Army Corps of Engineers, in fact, those 35 acres serve as a place to runoff any of 14 the stormwater. We are back to where I started out with you guys earlier today, the biggest concern that I gather is Princess Anne Road, because our site is going to handle all of our stormwater through this large 35-plus acre wetlands and the retention pond that would be built on the property. We are back down to "let the buyer beware." I have done this on the number of projects with this Commission and with this City Council. If the buyer wants to take or wants to know that this road may flood, we are going to surely let them know it, and they can make a decision as to whether they want to buy one of these pieces of property or not and lastly, I would like to say that I do appreciate the time and commitment that the staff has provided to both Brad Martin and myself throughout this process and I guess I should address Ginny Cross' comments. I don't know that there is anything that this Commission has authority to do to force my client to contribute more money to the sanitary sewer system. Thank you. Mr. Thornton: Thank you, any question for Ms. Crenshaw? Thank you Ann. Ms. Rucinski: There are no more speakers. Mr. Thornton: With that we will close the public hearing and open it up to comments amongst the Commissioners. Who has the first, it's in the Princess Anne area, I think I will lead off with Karen and let Don speak and then we will hear what you have got to say? Ms. Kwasny: I don't know for sure but I suspect we might have a slightly different perspective. Because where I understand the property rights as a land owner and I appreciate that, I am really bothered by the, let me see if I can 15 find that that comment, I believe it was "buyer beware" and I don't think we are being responsible in our duty in making land use recommendations, and Bob, you said something earlier that I think is really important to this, and that, we're tasked with making land use recommendations, which means to a certain degree we can only take that, well, we have to take into consideration and technical and functional elements. If those technical and functional elements as you have indicated work i.e. the stormwater management system, it technically works,which only is a matter of whether or not you are managing the water on your site or the rate of flow, that's my understanding, so that works. What's not being taken into consideration is the accumulative effect of adjacent properties, yes? But, accumulative effect in relation to what's been approved and not been built, and the potential for what could be built, that's not being taken into consideration. Also, in terms of just considering technical and functional, I know that I don't make, I don't know that I have made any recommendation based solely on those things. Most of the time, our recommendations also take into account a quality of life, a value of life, the safety of the residents, whether or not the development is going to allow for all of those things that go into what the City of Virginia Beach should provide to residents buying into a development. So I would feel remiss, in my opinion, to approve something where in my mind, I know "buyer beware" must be the rule for the safety of those people who live there and so I am kind of relying on the ignorance of the naive [Inaudible] [01:31:32] of the people who buy those homes. Now, yes you have a disclosure, I understand, but that's not enough 16 for me. There is a roadway that floods, that prevents the safety of those citizens, and I think that it's our responsibility to look at whether or not this is the right time for development in that area. We don't yet have the watershed studies back for that basin. They are not quite complete, and they will give us a better picture taking into account an accumulative analysis. I don't think you have provided an idea for us of how we will perform in a 1.5-foot rise of sea level. I don't think that you have provided that, even though it was asked for, it's not required, but it would be nice to see that because that's what we are dealing with, that's what we got facing us down the line. So, I am very apprehensive about recommending approval, and I am not anti-development. We need to grow. I see all of that, I understand that, but I also think that we have to take into account that there is a safety issue on this road way for those people, for the road that very frequently floods and that's going to affect the quality of life for those people in there and for those people who live around it. So, the property rights I get that, but I think that we have a duty to consider also the rights of those who eventually might live there and have a safety issue. Mr. Thornton: Thank you, anyone else wants to add, Don do you; it's also your general area, what are your thoughts? Mr. Horsley: Well, I think, you know, that we have answered these same questions with a neighboring development that has been approved, right adjoining them, in the last few years. You know, some of them we had similar problems with. The main thing I say with this development is I think it's all fine except for the Princess Anne Road situation, and there is 17 nothing that t h e developer can do about that other than just let his land lay there and pay taxes on it, other than he wants the development. So far as it being agriculture, there is not much hope of this land ever being farmed. I don't think it, you know, even though some of it probably could be cleared. Not much of it could be cleared according to what they say, as 30-some acres are jurisdictional wetlands if I understood Ms. Crenshaw right, you said that so, so the other part could be developed and I am assuming it's reasonably high land. [Inaudible] [01:34:01]. So I think the property itself is fine. It's just getting to the property, and people go up and down on Princess Anne Road every day and they will continue to do that. We got several roads in the city that do flood when, you know, I was in a meeting last night where they said that [Inaudible] 01:34:21] our the land here is sinking along with the sea level rise. So, we have got to make adjustments to that and some of our roadways eventually. I think this will come later than sooner with these improvements because all of this is kind of come from sooner since we have had the last couple of years, had these undesirable events to occur and flooding and these types of things that put undue hardships on that infrastructure. So you know me as, Dr. Kwasny has referred to property rights, since she knows that I am a very firm believer in private property rights, and I am, but also understand that we have got to be able to get citizens to and [Inaudible] [01:35:14] from the property in a safe way so, you know, if I would say yes for the development, but I am not quite sure what to do about the Princess Anne 18 Road area right yet, so I will give you my decision in a second or two. Mr. Thornton: David Redmond? Mr. Redmond: That was kind of shame because I was looking to see what you were going to do. Couple of things, first of all, we keep talking about a bunch of things that don't have to do with this application and I have yet to hear a single deficient thing with regard to this development application providing for the stormwater, looks to me like a good design. I mean it's adjacent to another subdivision, people who ride on Princess Anne Road are neither blind nor ignorant. I understand Princess Anne Road, half the traffic it used to have several years ago, and you know, we have got something kind of belly aching because there is no cost sharing with regard to this has nothing to do with the application and with regard to this development. I have yet to hear a single thing that's deficient in it. Tides, bay, and you hear about things like that, but I think people have a right to be judged on the quality of their application and whether or not it meets a certain standard and this seems to me, I cannot fmd anything that's technically wrong with this and it's a very small number of houses 32 houses, it's hardly you know, a huge subdivision. Glad to see you, Karen, because I kept looking over there and I should spoke to you, sort of behind this huge fern but anyway, I mean, I just don't see a reason to oppose it for all of those things that I just said, so I will support it. Mr. Thornton: David? Mr. Weiner: Couple of things, I disagree with you. This is, to me, this is a big picture 19 here. This has lot to do with the adjacent water. Well, I think we are in the new era that we have to look into the future not just 10 years, 20 years, but 50 years, and what's going to happen in 50 years. Mr. Horsley bought up a good point, land is sinking and water is rising. We don't know what's going to happen. We weren't here 12,000 years ago, so anyway, I think it has lot to do with what's going on right now. We have to look at the big picture, Princess Anne Road is a huge picture we've got to think about it. I have friends who live on the other side of the West Neck Creek and they have been there for 16 years and slowly and surely that water is coming closer to their house [Inaudible] [01:37:49] showed them the house over there, it just, and I agree with rights, you know, yes I am all about development, I just don't, this is not a good place for development. Mr. Thornton: Okay, Jack Wall. Mr. Wall: I mean, I look at the site and I kind of look at, you know, my neighborhood, which is Windsor Oaks, and I was at the City presentation and they stated in the presentation a historical photo and they said, you know, look "this land has not been farmed, it was never good farm land." It was always wet and it probably should never been built on. You know, I am sure there are people in the area, you know, in my neighborhood that wish, you know, that it probably hadn't been built on. Even I live where I live, you know, I am fine but I have flood insurance and you know I struggle with that. I didn't buy the house in a flood zone, I bought it in a 500-year floodplain and then I got 20 rezoned into a special flood hazard area. So a known issue with accessibility to the site and so I, you know, knowing that there is an issue, knowing that it's adjacent to, you know, the major water way, the drains, the southern part of the city, I do have an issue with that. Mr. Thornton: Jan? Ms. Rucinski: Dave, I respectfully disagree with you, I think that when we look at the site, we also have to look at how we get in and out of the site. So, although I agree with your position when you say the site itself looks good, but I think we have deficiencies on how to get there and how to address it. So, I think I am with the rest of them that I don't think I am going to be able to support this application because I am concerned about the ingress and egress. Mr. Thornton: Dee? Ms. Oliver: I think that is our responsibility to be good stewards and I think that you know with the surrounding wetlands of this piece of property, the wetlands are now full, it's obvious when we went down there. We had, the water's having a hard time fording a place to go and it's been, I mean, a number one conversation we have been having for quite some time. I think it's our responsibility to pay attention to how the land works and how the lunar tides work and which way the wind blows and things like that, and this is just such an environmentally sensitive area. It's not draining really well right now and I don't know that I would be 21 okay with just adding more pressure to this right now and especially just automatically building a road that goes into a neighborhood that we know right now it's going to flood. We're already setting that up, so at this point, I just, I don't think I can support this application. Mr. Thornton: Karen? Ms. Karen: I would like to make a motion to deny this application. Mr. Thornton: Have a second, before we call for the question, anybody want to add? Mike. Mr. Mike: I have to abstain from this application, because I have a business relationship with one of the opposition' speakers Ashdon Builders. Mr. Thornton: So we will have 10 votes. Jan,motion made by,who made the motion? Unknown Speaker: Dr. Kwasny. Mr. Thornton: Oh, okay, and seconded by Jan, call for the question. Did you have anything to add Jeff before we? Mr. Hodgson: I just answered the question. Mr. Thornton: Okay. Unknown Speaker: Reconsider that,towards the denial, denial yes. Unknown Female Speaker: You may need to do this again, do it again. Mr. Thornton: We had a motion to deny. Unknown Speaker: Motion to deny. [Crosstalk] The motion is to deny and our vote is in 22 favor of denial. AYE 07 NAY 03 ABS 01 ABSENT 0 HODGSON AYE HORSLEY NAY INMAN ABS KWASNY AYE OLIVER AYE REDMOND NAY RIPLEY NAY RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Unknown Speaker: By the vote of 7-3 with 1 abstention, the Commission has denied the application of Argos Properties II, LLC. 23 ti4��N�'.BEAc_ 0.: j;:5 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE - ' OF OUYR NPSONS In Reply Refer To Our File No. DF-9585 DATE: March 26, 2018 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson"BV_Lip DEPT: City Attorney RE: Conditional Zoning Application; Argos Properties, II, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 3, 2018. I 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 ARGOS PROPERTIES II, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this day of , 2017, by and between ARGOS PROPERTIES II, LLC as applicant, as party of the first part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the second part, Grantee. WITNESSETH: WHEREAS, ARGOS PROPERTIES II, LLC, a Virginia limited liability company, owns a property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 50.84 acres designated as GPIN No. 240-424-5926 on the Exhibit "A" (the "Property") attached hereto and incorporated by this reference; WHEREAS, the party of the first part is the owner of the property containing approximately 15.10 acres, the development area, and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, The City of Virginia Beach, so as to change the Zoning Classification of the Property from AG-1 and AG-2 Agricultural District to Conditional R-10 Residential District (the "Development Area") and the remaining 35.74 to be rezoned as Conditional P-1 Preservation ("Preservation Area"); and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 240-424-5926 Prepared By: Ann K.Crenshaw,Esquire(VSB#19538) Kaufman&Canoles,P.C. 2101 Parks Avenue,Suite 700 Virginia Beach,Virginia 23451 WHEREAS, the party of the first part acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the party of the first part has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the party of the first part, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 2 1. When the Property is developed, it shall be as a residential subdivision of single family homes, substantially in accordance with the Plan dated October 30, 2017 and designated "The Reserve as Princess Anne", prepared by American Engineering, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the"Plan"). The Plan designates the Development Area and the Preservation Area. 2. When the Property is developed, it will be subdivided into no more than thirty- two (32) single family residential building lots. When the Property is developed, the total number of single family dwellings permitted to be constructed on the property shall not exceed 32. Each two-story dwelling shall contain a minimum of 2,800 square feet of enclosed living area excluding garage and each one-story dwelling shall contain a minimum of 2,000 square feet of enclosed living area excluding garage. Every dwelling shall have a 2 car garage and off street parking for at least two vehicles. 3. When the Property is developed the areas shown on the Plan outside the thirty two (32) lots, rights-of-way to be dedicated to the Grantee are designated as Open Space areas. The Open Space areas shown on the Plan as "Forested Open Area" shall remain in their natural state with existing vegetation and trees and shall not be disturbed to maintain the undeveloped status of this area. The Open Space areas shown on the Plan shall be maintained by a Homeowner's Association to be established by the Grantor upon development of the Property. Membership in the Homeowners Association shall be mandatory. 4. When the Property is developed, street lights shall be a black colonial head mounted on a black pole at distances and heights to be determined during site plan review. 3 5. The Grantor shall submit for review by the Director of Planning, during site plan review and prior to the application for building permits, the exterior elevations, architectural features and building materials for each of the home designs proposed for construction. The exterior building materials shall be a combination of architectural shingles, raised metal seam roof accents, Hardie Plank or similar fiber cement siding, or masonry, as depicted or substantially similar to the Exhibits dated October 30, 2017 and entitled "The Reserve at Princess Anne Elevations", which have been exhibited to the City Council are on file with the Virginia Beach Department of Planning. 6. Provided that the City of Virginia Beach allows the development (including all 32 homes) to connect to the vacuum sewer main located along Princess Anne Road ("Vacuum Main") and does not require the Grantor to expand or upgrade the capacity of the Vacuum Main in order to service the proposed development, in addition to any other fees and rates required the Applicant shall provide a contribution of Four Thousand Four Hundred Dollars ($4,400.00) paid 1 to the City of Virginia Beach Department of Utilities ("Public Utilities) for each home constructed on the Property for the mitigation of impacts on its sanitary sewer system. The contribution shall be paid to Public Utilities at the time each building permit for each house is issued. 7. The Grantor will be affirmatively required to include in the Home Owners Disclosure Documents that Princess Anne Road and portions of the newly dedicated public right of way into the development may flood during a 100 year storm or other severe weather events. 4 8. Further conditions may be required by the Grantee during Subdivision Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 9. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's office of the circuit Court of the City of Virginia beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such content, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer or enforce the foregoing conditions and restrictions, including the 5 authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding. (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning department, and they shall be recorded in the Clerk's office of the circuit Court of Virginia Beach, Virginia, and indexed in the name of the Grantor and Grantee. 6 WITNESS the following signature and seal: Applicant and Grantor: Argos Properties II, LLC, a Virginia limited liability company Name: /mo3 G u ,.S Its: k k.e ij -?..-.( /h e.t--.4–ar's COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this J4 d of�'„ /erl c� , 2017, by �c3- Cit d /b3 , as at. illat'1 �L4�t e✓ 3 of Argos Properties II, LLC, as Grantor and Applicant, who i-------- personally known to me or has produced a valid form of proof of identification. %/ 4fi.iii11.6e.LAAr TO - •tary Public My Commission Expires: / 3 i ' r Notary Registration Number: 0 =� '_" CHRISTIE L. LEE ' o > Notary Public ' ,' ` Commonwealth of Virginia ,'`'7 Registration No. "�•"" ' �" 21039 My Commission Expires Jan.31,/$ 7 15482091v7 EXHIBIT "A" ALL THAT certain tract of land, with the appurtenances thereunto belonging, situate near Princess Anne County Courthouse, in the City of Virginia Beach(formerly Seaboard Magisterial District of Princess Anne County), Virginia, lying east and north of the line of Moses Coffee to the center of the swamp,containing fifty-five(55)acres,more or less,but is sold in gross and not by the acre, bounded by the lands of Andrew Cason, Moses Coffee, and the land now or formerly belonging to Anthony Woodhouse, William Carson, F. M. Whitehurst and others, and being part of the land Edmond Andrews died seized and possessed,excepting however,therefrom that parcel of land conveyed to Vernon D. Walke and wife, by deed of F. E. Kellam and wife, duly recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 206 at page 55. IT BEING the same property conveyed to Argos Properties I1, LLC, a Virginia limited liability company by deed from Argos Properties, L.L.C., a Virginia limited liability company, dated June 16,2008 and recorded July 11, 2008 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20080711000816150. Note: Legal Description is for 55 acres, but plat and assessor show 50.84 acres. Page K.APPOINTMENTS BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************** If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at(757)385-4303 ****************** FY 2018-2019 RESOURCE MANAGEMENT PLAN SCHEDULE WORKSHOP April 10th WORKSHOP April 17th WORKSHOP April 24h SPECIAL FORMAL SESSION/PUBLIC HEARING—Convention Center April 25th FORMAL SESSION/PUBLIC HEARING—City Council Chamber May 1st RECONCILIATION WORKSHOP May 8th FORMAL SESSION/ADOPT BUDGET May 15th CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/20/2018 PAGE: I D A AGENDA V S ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U I B PDNOKMSH LW O O Y LN AO OR S 0 TR EEENSM I 00 T T R Y S E S SNND 1. CITY MANAGER'S BRIEFINGS A. FY 2018-19 RESOURCE MANAGEMENT PLAN(Budget)(CII') I.PARKS and RECREATION Chad Morris,Interim Director—Parks and Recreation 2.INFORMATION TECHNOLOGY Peter Wallace, Director— Information Technology 3.WATER and SEWER Peter Pommerenk, Planning and Analysis Bureau Manager—Public Utilities B. SHORE DRIVE CORRIDOR;PAST, David Jarman,Project PRESENT and FUTURE Management Supervisor—Public Works C HOUSING RESOURCE CENTER—Update Andrew Friedman. Director—Housing and Neighborhood Preservation D. TOURISM INVESTMENT PROGRAM— David Bradley, Update Director-Budget and Management Services E. INTERIM FINANCIAL STATEMENT Patti Phillips,Director (Rescheduled) Finance IUI11/ CERTIFICATION CERTIFIED 10-0 A Y Y Y Y Y Y Y V Y Y fVN A-E F Ci MINUTES: APPROVED 10-0 A Y Y Y Y YYMY February 20,2018 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/20/2018 PAGE: 2 D A AGENDA V S ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U I B P D N 0 K M S H L W O 0 Y L N AO OR S 0 T R E E EN S M I 0 0 T T R Y S E S SNND H. PUBLIC HEARINGS H.1. LEASE OF CITY PROPERTY(CAFÉ No Speakers FRANCHISES) a.Cabana Café 3501 Atlantic Ave b.Shoreline Café 2809 Atlantic Ave c.Shoreline Café 2809 Atlantic Ave d.H2O Café 2705 Atlantic Ave e.Ocean 27 Café 2701 Atlantic Ave f.Ocean 27 Café 2701 Atlantic Ave g.Hemingway's Restaurant Cafe 2101 Atlantic Ave h.Rock Fish Café Cafe 1601 Atlantic Ave i.Ocean's 14 Café 1401 Atlantic Ave j.Fish Bones Café 1211 Atlantic Ave k.Waterman's Café 412 Atlantic Ave 1.204 Pizza Café 204 22nd Street m.Guad's Café 200 21st Street H.2. POLLING PLACE CHANGES No Speakers a.Change Chimney Hill Precinct to Rosemont Elementary School b.Establish Salem Woods Precinct at Parkway Elementary School c.Establish Sandbridge Precinct at Tabernacle United Methodist Church 1. ORDINANCES/RESOLUTIONS 1.1. Ordinance to GRANT thirteen(13) ADOPTED,BY 9-0 A Y Y Y Y Y Y A Y Y Y Franchise Agreements for Open Air Cafés CONSENT B in the resort area: S a.Cabana Cafe 3501 Atlantic Ave T d.H2O Café 2705 Atlantic Ave A e.Ocean 27 Café 2701 Atlantic Ave I f.Ocean 27 Café 2701 Atlantic Ave N g.Hemingway's Restaurant Café E 2101 Atlantic Ave D 1.1. Ordinance to GRANT thirteen(13) ADOPTED.BY 10-0 A YY Y Y YYY Y YY Franchise Agreements for Open Air Cafés CONSENT in the resort area: b.Shoreline Café 2809 Atlantic Ave c.Shoreline Cafe 2809 Atlantic Ave h.Rock Fish Café Cafe 1601 Atlantic Ave i.Ocean's 14 Café 1401 Atlantic Ave j.Fish Bones Café 1211 Atlantic Ave k.Waterman's Cafe 412 Atlantic Ave I.204 Pizza Café 204 22nd Street m.Guad's Café 200 21st Street CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/20/2018 PAGE: 3 D A AGENDA V g ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U I B P DNOKMS H LW O 0 Y LN AOOR S 0 T R EEENSM 100 T T R YS E S SNND 1.2 Ordinances to AMEND City Code: ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y CONSENT a.Section 10-1 re POLLING PLACES: 1.Chimney Hill Precinct to Rosemont Elementary School 2.Split Rosemont Forest Precinct and ESTABLISH the Salem Woods Precinct at Parkway Elementary School 3.Split Sigma Precinct and ESTABLISH the Sandbridge Precinct at Tabernacle United Methodist Church b.Section 23-50 re accumulations of trash,garbage,etc.,or excessive growth of weeds and grass I.3. Ordinance to AUTHORIZE a full-time ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y psychiatrist position and REDUCE capacity CONSENT of a part-time psychiatrist position in the Department of Human Services 1.4. Resolution to APPOINT Terri H.Chelius as ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y Chief Deputy City Clerk CONSENT 1.5. Resolution to AUTHORIZE the City ADOPTED 9-0 A Y Y Y Y Y Y B Y Y Y Manager to EXECUTE an Interim Agreement for Project Development and A Operations Planning re the Sports Center Project E D I.6. Resolution regarding the Plight of the ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y People of Puerto Rico in the aftermath of CONSENT Hurricane Maria I.7 Ordinances to ACCEPT and/or ADOPTED 10-0 A Y Y Y Y Y Y Y Y Y Y APPROPRIATE: a. $1,401,912 surplus Congestion Mitigation and Air Quality funding to CIP#2-418, "Indian River Road/Kempsville Road Intersection Improvements" 1.7 Ordinances to ACCEPT and/or ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y APPROPRIATE: CONSENT b. $1,510,769 from surplus Regional Surface Transportation Program funding to CIP#2- 152,"Elbow Road Extended Phase II-B" c. $124,358 in miscellaneous Medicaid Revenue to CIP 3-705,"Human Services Client Information II" d. $118,698 to the Fire Department re purchase of four(4)utility vehicles and updated emergency medical equipment e. $91,000 to Human Services re Complex Care Program Services CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/20/2018 PAGE: 4 D A AGENDA V S ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U I B P DNOKMS H LW O O Y LN A 0 0 R S 0 T R E EENSM I 00 T T R Y S E S SNND J. PLANNING J.1. TI PROPERTIES,LLC for a Variance to APPROVED, 9-0 A Y Y Y Y Y Y B Y Y Y Section 4.4(c)(1)of the Subdivision CONDITIONED,BY Regulations re lot width at 2204 Treasure CONSENT n Island Road DISTRICT 4—BAYSIDE I N E D J.2 C and C DEVELOPMENT CO.,INC./ APPROVED, 9-0 A Y Y Y Y Y Y B Y Y Y GEORGE&JOYCE CICO for a Variance CONDITIONED,BY to Section 4.4(c)(1)of the Subdivision CONSENT n Regulations re lot width and reconfigure two I (2)lots at 2606 Arctic Ave and 400 27th Street DISTRICT 6—BEACH D J.3. ALBA TAXI,LLC./EDWARD APPROVED, 10-0 A Y Y Y Y Y Y Y Y Y Y SELAMAJ&BESNIK SELAMAJ,for CONDITIONED,BY CUP re auto repair garage and bulk storage CONSENT yard at 1208 Bells Road DISTRICT 6— BEACH J.4 CROWS NEST HOLDINGS,LLC.,T/A APPROVED,AS 10-0 A Y Y Y Y Y Y Y Y Y Y REAVER BEACH BREWING CO./ CONDITIONED THOMAS R.BOOZEL for a CUP re craft brewery at 1501 and 1505 Taylor Farm Rd., Suites 401,402,and 403 DISTRICT 3— ROSE HALL J.5. OLD DONATION EPISCOPAL APPROVED,AS 10-0 A Y Y Y Y Y Y Y Y Y Y CHURCH for a CUP re religious use at AMENDED 4449 North Witchduck Road DISTRICT 4— BAYSIDE J.6 STEPHEN LEE ARONSON&MARIE E. APPROVED,AS 10-0 A Y Y Y Y Y Y Y Y Y Y ARONSON for a CUP re outdoor recreation CONDITIONED facility at 937 Baja Court DISTRICT 7— PRINCESS ANNE J.7 Ordinances re Short Term Rentals: DEFER 60 DAYS 10-0 A Y Y Y Y Y Y Y Y Y Y K. APPOINTMENTS: RESCHEDULED B YCON S ENS US BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/20/2018 PAGE: 5 D A AGENDA V S ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U I B P DNOKMS H LW O 0 Y LN AOOR S 0 TR EEENSM I 00 T T R Y S E S SNND BEACHES and WATERWAYS Appointed: 10-0 A Y Y Y Y Y Y Y Y Y Y ADVISORY COMMISSION Nick Gallegos (At-Large District) 3 year term 3/20/18—6/30/21 PERSONNEL BOARD Appointed: 10-0 A Y Y Y Y Y Y Y Y Y Y Sharon Brown Unexpired term to 2/28/20 Edward Jones Unexpired term to 2/28/21 Daniel Desroches (Alternate) Unexpired term to 2/28/20 STORMWATER APPEALS BOARD Appointed: 10-0 A Y Y Y Y Y Y Y Y Y Y Barry Frankenfield Steve Motley Tonia Alger John Fowler William Jennings (Citizen) 5 year term 3/20/18—3/31/23 VIRGINIA BEACH TOWING ADVISORY Appointed: 10-0 A Y Y Y Y Y Y Y Y Y Y BOARD Scott Schubmehl Unexpired term to 5/31/19+3 year term 6/1/19—5/31/22 L/MN ADJOURNMENT 7:19 PM