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Home My WebLink About8-7-2018 MINUTES �,P- 1A$EAA rv. Ort .Z.) (U: D► *'t k "'°4i VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 7, 2018 Mayor Louis R. Jones called to order the City Council's Briefings in the City Council Conference Room, Tuesday,August 7, 2018, at 2:00 P.M. Council Members Present: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane Out of town—family vacation 2 CITY COUNCIL'S BRIEFINGS SHORT TERM RENTAL DISCUSSION ITEM#68315 2:00 P.M. Mayor Jones opened the Short Term Rental Discussion and provided a letter from Mark Stiles, City Attorney, dated July 13, 2018, summarizing the previous discussions held on July 10th which is attached hereto and made a part of the record. August 7, 2018 ) C-7-41L-3, cof Niirgirii_a_ -"'-- ea_cl--1 to A. of Guq NAr°'° VBgDvzom MARK D.STILES CRY ATTORNEY MUNICIPAL CENTER,BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9004 (757)385-4531 FAX(757)385-5687 Ti?:711 July 13, 2018 Mayor Louis R. Jones Members of City Council Municipal Center 2401 Courthouse Drive Virginia Beach, VA 23456 Re: Short Term Rentals Dear Mayor Jones and Councilmembers: This letter summarizes the cumulative results of the council discussion to date on the crafting of a new draft of a Short Term Rental ("STR") Ordinance. As with my prior letter, the guidance provided at the most recent meeting (July 10) is underlined and italicized for your ease of reference and items remaining for discussion/direction are identified. As noted below, my office is working with planning staff to provide the information you requested during the July 10 meeting and we anticipate that the requested information will be forthcoming before your next meeting. Direction Given to Date: G Home sharing will be a principal ("by right") use throughout the City conditioned only upon registration with the Commissioner of the Revenue (COR) and payment of applicable Transient Occupancy Taxes (TOT). • Short term rentals will be a principal use only in designated overlay or zoning districts. Outside of those districts, a STR will require a Conditional Use Permit ("CUP"). o Note: The City must permit short term rentals as a principal/by right use in the area defined by the Sandbridge SSD boundary pursuant to legislation enacted by the General Assembly earlier this year. f- All CUP's would include an expiration date that is two years from the date of adoption. The process for renewal of the CUP will be.administrative and performed by the Planning Mayor Louis R. Jones Members of City Council Short Term Rentals July 13, 2018 Page 2 of 4 Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any CUP for an STR, where the STR has been the subject of neighborhood complaints or code violations. • Grandfathering: All existing Home Shares and STR's (as evidenced by registration with the COR and payment of applicable TOT)will be allowed to continue. O The date for determining when a property has qualified for grandfathering will be July 1, 2018. 4 Any future alteration (or cumulative alterations)that expand the overall square footage of the residential structure utilized as an STR by more than 25% or 1,000 square feet, whichever is less, would terminate the grandfathered status. s The grandfathered status shall run with the land but shall expire if the property is not registered for STR use or has not paid transient occupancy taxes for more than two consecutive years. Regulations ‘• nsistent with the text of Virginia Code§15.2-983(D) the regulations applicable to STR's arise under the City's general land use and zoning authority and will be contained in the Cit Zoning Ordinance. • 11 STRs shall be required to post summaries of applicable City regulations inside the dw lin . t 11 STRs shall be required to provide evidence of $1,000,000 of insurance coverage applicable to the STR activity at the time of registration and upon renewal. • .the ordinance will prohibit STRs from having amplified noise between 10:00 p.m. and 10:00 a.m. g ie ordinance will require that all trash be placed in automated bins and will authorize private Saturday pick-up in Sandbridge. Council may also authorize private hauler pickup in of er areas if and when additional overlays are created. 4 T e ordinance will require that a point of contact be identified who can respond to the STR within 30 minutes. Such response does not necessarily require travel to the STR toon. • *ie ordinance shall provide that a Special Events permit must be obtained for any event with an attendance of over 50 people and with a maximum attendance of 100, with a limit of 3 permits per property per year. • frpch STR may display a sign of up to 4 square feet in size. Architecture signs naming the structure are excluded from this limitation. Mayor Louis R. Jones Members of City Council Short Term Rentals July 13, 2018 Page 3of4 • To the extent permissible under state law, the ordinance shall require interconnected smoke detectors(such detectors may be wireless), a fire extinguisher and, where natural gas service is present, carbon monoxide detectors be installed in each STR. • Each STR must register with the Commissioner of the Revenue and the collection and payment of all applicable Transient Occupancy Taxes is required. Issues Still to be Addressed: • What should be the maximum occupancy of the STR? o 2 per bedroom +2 or 3 per bedroom +2 or other (including consideration of size of structure/bedroom) Note: At your direction, staff will provide to you information regarding applicable state law and regulations relating to occupancy in a residential dwelling. What should be the permissible number of rental contracts per consecutive 7 day period? o No limit or 1 or 2 or multi-family (2) vs. single family (1) distinction or limitation on number of rental nights per year Note: At your direction, staff will provide to you information with respect to the maximum number of rental contracts per week and/or maximum number of rental nights per year permitted by other localities in the Commonwealth. What parking requirements should be imposed? o Must all guests be able to park onsite or is off-site parking permitted? o Is any onsite parking requirement based on number of bedrooms or the overall size of the STR or some other factor? o Should the operator be required to submit to the City a parking plan? Initial Overlays. Does the City Council wish to create additional overlays (other than in Sandbridge) at the time of the enactment of the STR ordinance? Note: This issue was discussed on July 3 but no final determination was made. Council indicated a desire to examine the regulations to be applicable to the STR activity before deciding this issue. ` Mayor Louis R. Jones Members of City Council Short Term Rentals July 13, 2018 Page 4 of 4 If yes, the following areas have been mentioned as being potential areas where STRs might be permitted by right. Does the Council wish to identify any of these areas as allowing STRs by right in the initial STR ordinance? • North End Overlay District • Oceanfront Resort District • Ocean Park • Cape Henry/Cape Story • Croatan • 42nd to 49th Street area • Old Beach Overlay • Lakewood Community • Pinewood Community Future Overlays What will be the process for the future consideration of proposed STR overlays by the Council? • Traditional zoning process vs. "SSD" type process vs. other Note: This issue was discussed on July 3 but no final determination was made. Council indicated a desire to examine the regulations to be applicable to the STR activity before deciding this issue. Please contact me if I can provide additional information or assist you in any way. Sincerely, Mark D. Stiles City Attorney's Office cc: David L. Hansen, City Manager Barry Frankenfield, Planning Kevin Kemp, Planning 3 CITY COUNCIL'S BRIEFINGS HUMAN RIGHTS COMMISSION ANNUAL REPORT ITEM#68316 2:45 P.M. Mayor Jones welcomed Rajeeb Islam, Chairman -Human Rights Commission. Mr. Islam expressed his appreciation to City Council for their continued support: 6 CeCM . .�tS CC'n�sg S6VOhh ANNUAL REPORT FY 2018 Raj Islam V8HRC Chairman August 7,2018 Here is the Mission of the Human Rights Commission: (00 Mission The Virginia Beach Human Rights Cams Neff r s RC)sen advisory agency to the Virginia Beach City Council The mission of the V BHRC is to institute, onduct and engage m educational and informational .ograms or the promotion of mutual understanding and res c I among all c.c.s and the fulfillment of human fights The Commission's°We<hres are to . rd. e lo or discussion of human rights issueseto conduct studies and o propose solutions log the Imposement of human relations in the City. The VBHRC also prorWn assistance to persons..no believe then rights have been violated by identifying the ute federal state ro local agency to address the complaint and...rung such persons to The VRHRC achwves its motion,to serve our City+ d,rerse sommundrby remaining connected M . committed acollaborative The fiscal Vear]Big Annual Presort toc the Virginia Bea. thinsan Rights Camino tri...sent to.e rontinuedornmonient et mbegsall ot H a VBRC andcsssfl to achieve e•cell•ne lo prnmoHng and nava-atm,for human rghts August 7, 2018 4 CITY COUNCIL'S BRIEFINGS HUMAN RIGHTS COMMISSION ANNUAL REPORT ITEM#68316 (Continued) Through the efforts of the Commission the Hampton Roads Pride Police Liaison Program was formed: vlrLGBT LIAISONS „Loat iiil The Commission participated in Homelessness Awareness Week when Mr. Islam read a Proclamation declaring December 21, 2017, as Virginia Beach Homeless Persons'Memorial Day: , HOMELESSNESS t� AWARENESS WEEK ,1,"H,01101116111 �J hM11 yH ' r Ornoliveki . , f 4.' ' I August 7, 2018 5 CITY COUNCIL'S BRIEFINGS HUMAN RIGHTS COMMISSION ANNUAL REPORT ITEM#68316 (Continued) The Commission hosted the 24th Annual Human Rights Awards Program on April 5, 2018: j- 24'"ANNUAL HUMAN k RIGHTS AWARDS 9 r � r1 a i ! lk WI i,14 j V { an 4.. , � �a IM: Inpl . ' i a,f,...fr • a .. I04 • 1,t, . Y t • ! "'r 4.1,„f 41" The centerpieces were works of art created by Students from all over the City. it 24'"ANNUAL HUMAN lir RIGHTS AWARDS The centerpieces w works of art created by • 4 Students from all tom` VirginiaBe 1 h. 1 E V E Some by students from The Visual Arts program ' at Green Run C Begiate (GRC)and some from t �' I 1. " AIR the Teen Advisory '7j.y{� 1�{ Group(TAG)from 0=': b � T the Oceanfront and 01 i� i'•"" 1 Great Neck Libraries j ir s-- vpBRed v- nee of 161 . . piano pe f m f Dh Nancy N7ut6e Television and radii personality.Becky Levu .carved as the master o$ ceremonies and Sergeant/ Shelli Meister.supervise of the\BPD a Sped �a>: �4 i ` _, \tctime Umt and\BPD' (BT Liaison was shot " ` i IKeynote Speakers August 7, 2018 6 CITY COUNCIL'S BRIEFINGS HUMAN RIGHTS COMMISSION ANNUAL REPORT ITEM#68316 (Continued) The Commission, along with the ViBe Creative District and other local partners, hosted the Art of Humanity:In Honor of a Season for Nonviolence event. 4 W THE ART YF THE ''p OF H LAITY III► A A The Commission has maintained a constant presence at the oceanfront during what is traditionally known as "College Beach Weekend". On April 27`"and 28`" the Commission hosted 56 individuals who filled 84 two-hour observation time slots: ATak COLLEGE BEACH • * WEEKEND ® EVI ' ,, 7 a" _ ,- r August 7, 2018 7 CITY COUNCIL'S BRIEFINGS HUMAN RIGHTS COMMISSION ANNUAL REPORT ITEM#68316 (Continued) The City hosted the Virginia Association for Human Rights (VAHR) Annual Meeting and Conference June 1-2, 2018. The conference provides for the exchange of ideas and information among the various statutory commissions, councils and agencies, as well as strengthen the state and local commitment to the recognition and preservation of human rights: O VAHR '�- CONFERENCE Oir rV- z, Tar.4. ilk , !,. _.= ,...: „...,.... ; „ .. -. .: tiii.V.. t.4 .it. . ., 1un:o 1-2, 2018 Wyndham;4/irginia Beach Oceanfront Hotel City Council approved the inclusion offour(4) items in their Adopted Legislative Agenda as suggested by the Commission:. gLEGISLATIVE k� AGENDA ITEMS Support increased funding for mental healt hcare and housing on oe Support foil expansion ofc Medicaid as provided .3.1. a by the rdable CareAct v ✓ 1 Support increased funding for opioid O prevention,treatment and recovery on on ZS I ISA tov legislation that would remove barriers [o voter participation oio ow `r Expansion of the Virginia Human Rights Act Yr on on ` IV Support legislation that would enable L. A. tempor ry ored imed drrner tottnses temporary or limitedd' 's licenses August 7, 2018 8 CITY COUNCIL'S BRIEFINGS HUMAN RIGHTS COMMISSION ANNUAL REPORT ITEM#68316 (Continued) The Commission provided these letters to City Council: LETTERS TO Mr CITY COUN:111111.1/4 tette,toOd Council and read at VBCPS Board mento,on N support of tn.VBCPSS.tool Board for'dor ronin rent efforts upen .1 erfuntabte and°tidos re orning.nsnPool,onment Poo all students by died ow to teen 3 B.Wd.Sown Gad.Campo u .en.,ie po the di Thoron€tre.od EWmepa,Y School tacit r e 6 Irl.r CllCwa.110 iteftoeMtelWMb/ry /✓OM@ MO e•t••tt•tt IYl Good ria to l•MMla .. rntMiy••rrWtrW t••trwtalY.l.W dNI letter to Cm Cannot In partnersnfp wren glee pastors and Community leaders roundtable nitnheSt nt the professionalism arra denir eon of the VBPD and eadressont gratitude for m.Pets M serene they provide t0011110001106 guests to Ott Cd.rwp 1.•...6.411.01 15.r TOry'1Y.u.•t. t•p011 al M1Mt6Mt a rta`roar F ot rryua.t IS papwl oppw1Wtlef to artdea+•W Saturates oat,awned from Ow second roe.*M M.tt and Ida May More mot a•wW Day 11 One of the objectives of the VBHRC is to provide assistance to persons who believe their rights have been violated. The Commission accomplishes this by identifying the appropriate federal, state or local agency that can address the complaint and by referring the person to the appropriate agency. Here is a breakdown of the eighteen (18) inquiries received in the last fiscal year: 40- HUMAN RIGHTS INQUIRIES U.u•.rr x•. ea drcepwroalmn eta it r... •rlrtntl•.wrrt•at eto •uM+•IYotMam Porde yratp d•wor4.rue •rM.d•tnww fww .••a1.trtrmrr..nr•r •11yp1•00.0.aa mem. roar..•.• 12 August 7, 2018 9 CITY COUNCIL'S BRIEFINGS HUMAN RIGHTS COMMISSION ANNUAL REPORT ITEM#68316 (Continued) Members of the Commission attend, organize and participate in numerous events throughout the year: COMMUNITY IC" ENGAGEMENT itiF `.11,4Ci2 biz '' _iii. rirlirri it -��.k A '... 1.'1'' .' I tf; 1::if: ; ,P11.4: ri;Clik A / f _ ;1 ? c s 13 Mayor Jones expressed his appreciation to Mr. Islam and the entire Commission for their dedication to the City. August 7, 2018 10 CITY MANAGER'S BRIEFINGS FOOD TRUCKS UPDATE ITEM#68317 3:03 P.M. Mayor Jones welcomed Beverly K. Wilson, Deputy City Attorney. Mrs. Wilson expressed her appreciation to City Council for their continued support: i PROPOSED MOBILE FOOD VENDING CITY COUNCIL BRIEFING AUGUST 7,2018 Here are the members of the Food Truck Subcommittee created under the Process Improvement Steering Committee: FOOD TRUCK SUBCOMMITTEE OF j PROCESS IMPROVEMENT Councilmembers Abbott and Dyer Members of the Process Improvement Committee is Restaurant owners • Food Truck owners . Food truck and restaurant owners Goal-To make it easier for food trucks to operate in the City-eliminating multiple permits and reducing cost for operators August 7, 2018 11 CITY MANAGER'S BRIEFINGS FOOD TRUCKS UPDATE ITEM#68317 (Continued) Here is the definition of Mobile Food Vending: MOBILE FOOD VENDING DEFINED • The sale of food at retail from a mobile food unit,a self-propelled motor vehicle of trailer from which prepared food is sold at retail excluding a vehicle solely for the sale of ice cream or other ice confections,candies or confections or food delivery. Here is an Overview of Current and Proposed Regulations: OVERVIEW OF CURRENT AND PROPOSED REGULATIONS Current Proposed PEDDLER MOBILE FOOD VENDING • Pay for every site($50) • Permit from Planning issued yearly($45) • License code($500) • New category under the license code (revenue based) • Not a recognized use in the CZO . Recognized use in the CZO 1 . Onl have one pe and for 6 months-then need tI aC�p Allowed On private property in 011Zorrg Districts except: Only allowed on private property in Business, . eeHdannd la.cepf with Building Permit« \\( Industrial,RT-3 and Office Disiriclsc;y „rl Allowed on public streets if meet the provisions of Section 33-6 125 MPH posted. . eTl and no more than 15 minutes) . Peddler was created for those who are Exempted from Section 33-6 selling goods for one or two occasions on . Could be allowed in parks,municipal center an improved lot (Chapter 26) August 7, 2018 12 CITY MANAGER'S BRIEFINGS FOOD TRUCKS UPDATE ITEM#68317 (Continued) The next two (2)slides provide an Overview of the New Article II, Chapter 13, Mobile Food Vending: NEW ARTICLE II, CHAPTER 13, MOBILE FOOD VENDING • Permit Required. • Planning Department • $45 • Elements of Application/Permit •Name and address •Vehicle into •List of drivers with certified abstract from DMV •Liability insurance • Regulations •Public and Private • Nor impede traffic • Trash CHAPTER 13, cont'd •No music from 10PM to 9AM •Food sold between 5AM and midnight •No additional structures •Legally parked • Public Property • •Not beach.boardwalk.Atlantic Avenue or Town Center • •2 vendors within 100 feet • Private Property •Permission of the owner of property •Not within setbacks August 7, 2018 13 CITY MANAGER'S BRIEFINGS FOOD TRUCKS UPDATE ITEM#68317 (Continued) Here is a comparison of the current and proposed changes to Chapter 18, License Tax Schedule: Chapter 18, License Tax Schedule Current Proposed Peddler Retail(misc.) • $500 • Prorate by sales-0.20% Requires a criminal record check • Treated just like a restaurant from the police department-some a DMV record check for offenses are disqualificationRequires all drivers of the truck to the police department Here is a comparison of the current and proposed changes to Chapter 26, Peddler and Solicitors: 8 Chapter 26, Peddlers and Solicitors Current Proposed Cannot go: s. Can go with City Manager Public park Permission(Parks and Recreation) City municipal center • Public park . City owned or leased building City municipal center • Public property in RT-1,RT-2.RT-3 • City owned or leased building or RT-4 or ORD • Public property in RT-t,RT-2,RT-3 or RT-4 or ORD Without a City Manager permit • Plan for accommodation August 7, 2018 14 CITY MANAGER'S BRIEFINGS FOOD TRUCKS UPDATE ITEM#68317 (Continued) Here are the proposed changes to the City Zoning Ordinance for Food Truck Vending: 9 CITY ZONING ORDINANCE . Adds"mobile food vending"as a use . Permitted use in: . Preservation Agriculture . Residential . But ordy in conjunction with abuitding permit or special event permit . Apartment . Office Business . Industrial . RT-3 and RT-4 Central Business District i. y, . Oceanfront Resort District 1 t Here are the Proposed Next Steps: 10 PROPOSED NEXT STEPS September 12,2018-Planning Commission for CZO amendments . Additional public input if desired by Council E. Fall 2018-All Ordinances to City Council / Vi August 7, 2018 15 CITY MANAGER'S BRIEFINGS FOOD TRUCKS UPDATE ITEM#68317 (Continued) QUESTIONS AND DISCUSSION Mayor Jones expressed his appreciation to Mrs. Wilson and the members of the Process Improvement Subcommittee for this information. August 7, 2018 16 CITY MANAGER'S BRIEFINGS CITY HALL 65%DESIGN DEVELOPMENT UPDATE ITEM#68318 3:33 P.M. Mayor Jones welcomed Thomas Nicholas, City Engineer. Mr. Nicholas expressed his appreciation to City Council for their continued support: Mr. Nicholas provided a virtual walk-thru of the Updated City Hall Design, a copy of Mr. Nicholas's presentation with diagrams is attached hereto and made a part of the record. August 7, 2018 CITY OF VIRGINIA BEACH NEW CITY NALL DESIGN DEVELOPMENT UPDATE August 7, 2018 Virginia Beach MOSELEYARCHITECTS Agenda • Site plan. • Exterior design. • Overall building floor plans. • Council Chambers, Mayor's Office, City Manager's Office. • Schedule overview. City Hall - Site Plan -- --z _ J c = = r_. i _, _ .._ ,:, ..., ,_...,„—___,T_.r_ ,_. . ,_. c -_ - .."'.4. r -n:.�..:!� ^.t: /.._...,..../ • i I I 0----11111111 , PUBLIC ENTRY F44,,, fi I 111111111111111 = • y ". - vi I 1. ,1_., ► I 1 �, • t ,.•• / 44: a .f'.. ^ ' i •r- 1 f"k ;'./ ('t,! / \ AIG0 r % iii \ F ', r G, \ iiii STAFF ENTRY s \ I ' �. I j , - / - - / City Hall - Site Plan - Accessible Site Access N — —— — — 21 SPACES j , - . (2 ACCESSIBLE) . _ . i / / 11111111111111111 - 41 iii 4.4 T-J i` 4 ACCESSIBLE RAMPS ,/ 153 SPACES ' / ' / , . d I --j.,' 44 .i.:1 ,. ._,,ift. A , ,,. . . ,. . . , ),,,., , i _..: ,. .. , ... ,.,. , „ .,, f.„..., . Tr,),„, , , . , _ i A ie.':4.•:, ......111- .1. s.',,,, Z ' ''.i.:.' t • \ 1.- ) r '/ / - ..._m..........- ' _ ....-•.. 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CLERK i _ 1 1-----4— - n 1 [ MAYOR/CITY 1 1COUNCIL/ CITY 0 1 ATTORNEY .,; MANA1 ' , � � r, LfGER li! a I ' o IEir � � Io ■ . ; [ 1---- , i I - City Hall - Third Floor 1' . i . . Lit 1. :' . 12_1 m _ r IVOLUNTEER —1 . m OFFICES . i i -�— � . CITY f " ;FINANCE _7_, AUDITOR flr J- } Z 0 H -t -Th-1-.1---4-j4 - - G O a Z W -I EOW a _A - i - L L1 _Ii1 � ■ _, r - oZ City Hall - Second Floor Mayor/CM/City Council 0 , d 1 . . - I I m :- I m H , .. . il i .. IL . .. _ . City Hall - Second Floor - Council Circulation r 1 ' 3 3 2 2 AVERAGE SEAT q WIDTH=23" b z STAFF E CLERK MEDIA(*) r MGR . � ATTY El d B m J -r:Icie City Hall - Mayor/City Council Suite COFFEE \- 2_- VISITOR • WAITING CONFERENCE • ROOM EXECUTIVE RECEPTIONIST MEDIA , MEDIA WAITING - — __ CONE II MAYOR 234 CONFERENCE ROOM _ (I ASST T r.,,, „ II _ COUNC u VICE MAYOR — l'I • ST TO CITY • • COUNCIL COUNCIL OFFICE • 1 u .. -ASSISTANT TO THE CITY ' FILES/SUPPLIES/ COUNCIL OUNCIL OUNCIL MANAGER IltJif WORKROOM OFFICE OFFICE OFFICE s.o COUNCIL ASSISTANT I OFFICE OUNCIL COUNCIL TO THE CITY • , y)(i, ,_)' OFFICE OFFICE MANAGER TO _ i CHAMBERS XECUTIVE ;q ghCOUNCIL COUNCIL ASSISTANTBRE OFFICE OFFICE TO THE CITY : ROOM o MANAGER CONE J -CHEN Ii IIt CONF City Hall - City Manager Suite TO 234 -- COUNCIL BROADCASTING OFFICE -- ASSISTANT �� TO THE CITY I FILES/SUPPLIES/ COUNCIL COUNCIL COUNCIL MANAGER WORKROOM _ OFFICE OFFICE OFFICE G COUNCIL ASSISTANT OFFICE COUNCIL OUNCIL TO THE CITY I.• - • OFFICIUNOL OFFICE MANAGER TO CHAMBERS EXECUTIVE COUNCIL OUNCIL ASSISTANT I BREAK • CONFERENC OFFICE OFFICE TO THE CITY • ROOM • MANAGER ROOM KITCHEN - ONFERENC: u ROOM 1 SHARED WKSTN VOLUNTEER CITY MANAGER DCM EX ASST DCM EX ASST DCM EX ASST DCM EX ASST u • (EPUTY DEPUTY DEPUTY DEPUTY CITY CITY CITY CITY CONFERENCE 0 MANAGER MANAGER MANAGER MANAGER , • 1I -� J Schedule Update • Moseley Architects is at 65% Design Development (DD) of the new City Hall. The design process includes the following key milestones: February Confirm occupant space needs February Confirm City Council space needs February Conduct workshop to develop site and building concepts March Meet with staff to select conceptual design plan and massing April Review conceptual design of City Council Space April Meet with staff to review 50% SD drawings April Meet with staff to review 95% SD drawings May Complete Schematic Design, submit for review and approval May Update City Council II* August Complete Design Development Phase October Review 50% CD drawings January Complete 100% CD drawings February Advertise for Bids 17 CITY MANAGER'S BRIEFINGS HOUSING and PROPERTY CONDITIONS SURVEY ITEM#68319 4:06 P.M. Mayor Jones welcomed Andrew Freedman, Director — Housing and Neighborhood Preservation and Wells Freed, Housing Code Administrator. Mr. Freedman expressed his appreciation to City Council for their continued support: 2018 Housing & Property Conditions 4 Survey 1111W kg' HOUSING ANDION NEIGHBORHOOD PRE Andrew Friedman.Drector Wells Freed.Housing Code Administrator a City Council Informational Briefing a A . August 7 2018 Tz Here is an Overview of the Survey Background: Survey Background 2 ► Conducting Surveys since 1990 ► Provide statistical data to describe the condition of housing and property throughout the city ► Results are a key indicator of the health of the city's housing stock ► A direct reflection of our efforts to promote vibrant, blight-free neighborhoods ► Data will be used to evaluate our current Rental Inspection District August 7, 2018 18 CITY MANAGER'S BRIEFINGS HOUSING and PROPERTY CONDITIONS SURVEY ITEM#68319 (Continued) The Surveyed included 10,245 single-family properties: What Did We Survey and How? 3 ► 10,245 single-family properties ►Detached homes, duplexes and townhomes only ►Multi-family apartment complexes, condominiums and mobile homes were not surveyed ► Teams of Code Enforcement Inspectors and Supervisors performed windshield assessments on the exterior structure and surrounding premises ► Ratings were entered on laptops ► Notices of violation were not issued during the survey Here is an Overview of the Survey Sample: Survey Sample 4 ► A random sample of addresses was generated by the City's Data and Information Management Office ► The sample was tested to ensure appropriate portions of the following were sampled: ► Housing type ► Housing age ► Housing value ► Results were analyzed using Microsoft Power BI August 7, 2018 19 CITY MANAGER'S BRIEFINGS HOUSING and PROPERTY CONDITIONS SURVEY ITEM#68319 (Continued) Here is an Overview of the Rating Scale: Rating Scale 5 STANDARD 1 No exterior building maintenance code violations STRUCTURE DEFICIENT Structures with minor defects;easily corrected in the 2 I STRUCTURE course of regular maintenance (peeling paint) I- Structures with defects of greater severity;NOT normally DETERIORIATED 3 repaired in the course of regular maintenance(rotted STRUCTURE window frames) Structures that fail to meet minimum standards for human 4 DILAPIDATED habitation;could endanger the health or safety of STRUCTURE occupants;one or more critical defects(structural collapse) vor EXTERIOR Property maintenance code violations exist NV PROPERTY (i.e.:overgrown grass,trash&junk,inoperable vehicles, VIOLATIONS graffiti,trailer in front yard,fence in disrepair,etc.) Here are examples of homes that were rated as Standard and Deficient: Rating Scale Examples 6 Standard-no exterior Deficient-minor building building maintenance maintenance violation violations (damaged siding) .1! S ___ 24 , 7 ._ August 7, 2018 20 CITY MANAGER'S BRIEFINGS HOUSING and PROPERTY CONDITIONS SURVEY ITEM#68319 (Continued) Here is an example of a home rated as Deteriorated: Rating Scale Examples Cont. 7 L.ereriorateo-more severe -g mo• ,i 1�r� 40 -- -. ..„:„ ,..„ ._, _- ,.., . .z ._. . .. , ,,,,g .. . ...., _ ,..t „.„.__4„.,,. , , _, 1 __L... . . . r , _ _ . sk,,.., Of the 10,245 surveyed homes, only four(4) were rated as Dilapidated: Rating Scale Examples Cont. 8 1 1 - fl k, „g August 7, 2018 21 CITY MANAGER'S BRIEFINGS HOUSING and PROPERTY CONDITIONS SURVEY ITEM#68319 (Continued) Here are examples of homes with Property Maintenance Violations: Exterior Property Rating 9 Presence of any Property Maintenance Violations .. .;i a< �' .. . 'e.. , _,, L '-"ig. . : ,..w. .,.. _,„.„.:........ ./. .., ...., ., ,,,4 „. • . ....4.,..,..„,.., .. ..„,.. „:„...,.._ . .,,..,. 1 . ., *.r ... 85.7%of the surveyed homes received a Standard rating: Housing Condition Results 10 Deteriorated 0.3', Dilapidated 0.04'0 Unable to View 1'L Deficient 13.3 Standard 85.7% August 7, 2018 22 CITY MANAGER'S BRIEFINGS HOUSING and PROPERTY CONDITIONS SURVEY ITEM#68319 (Continued) 75%of the surveyed homes had no violations: Combined Housing and Property Results Both Building 5% Violations 9% Property Violations 11% No Violations 75% Here is an Overview of 28 years of Survey Results. Code Enforcement has contributed to the increase of Standard ratings: 28 Years of Survey Results 12 %Standard Buildings 88% — 864 Sam 82% 80% 86% __.__ 86% 764 - 82% 83 0 _.. 83 0 .' 76, —... 79 0 lac __ .. ...._..._...� .. - .. -. 2018 August 7, 2018 23 CITY MANAGER'S BRIEFINGS HOUSING and PROPERTY CONDITIONS SURVEY ITEM#68319 (Continued) Here is an Overview of Understanding Our Aging Housing: Understanding our Aging Housing 13 Measure Year Year Amt.of Change %of Chg.Since 1990 2018 Since 1990 1990 Total number of houses 109,520 151,790 42,270 39". Average Age 16 34 18 109". #houses 22 years or older 35,524 119,642 84,118 237'. #houses 30 years or older 16,656 106,325 89,669 538'. Housing built in the 1980's represents 32.2 %of all housing units and 40.5%of units with violations: Rate of Non-Standard Housing by Decade Built '4 %of Total Non-Standard of Total Housing Housing Aller 2009, 19or After 09, 2000-2009, 2000-2009,2.5% Earlier49 6% 0.5%20 - - _Earlier.1949 or 6.4'''° 2.4 1990'x.4.8%__. -_� ;-,.,. 1950's, Mgrs,', 1990's, . 11.2% 1940's, \ 40.5% 1980'x. 19709, 32.2% 21.7% z�+L. 1970'x. 20.8% August 7, 2018 24 CITY MANAGER'S BRIEFINGS HOUSING and PROPERTY CONDITIONS SURVEY ITEM#68319 (Continued) Houses valued between $100,000 and$200,000 represent 29.3 %of all housing and 46.3%of housing with violations: Rate of Non-Standard Housing by Value of Total Non-Standard 5 %of Total Housing Housing >750K_ 550.100K 3400-500K 5500.750K >750K 1.1% _$50-100K 5400.500K 3.7% 0.5% 3.7% �N.4R— _ 1.5 ro \\I 400K 17.9% \ , Townhouses represent 16.5%of all housing and 23.5%of housing with violations: Rate of Non-Standard Housing by Type of Total Housinc %of Total Non-Standard 1 6 Housing Otho,3.1 Dupbx Other 2.9% c„pies 09... � 1.4% � �. Townhouse t 14.5% ‘ \, Townhouse 23 57 SF Detached SF Detached 72.2% 79.5% August 7, 2018 25 CITY MANAGER'S BRIEFINGS HOUSING and PROPERTY CONDITIONS SURVEY ITEM#68319 (Continued) Data gained from the Survey will be used to reevaluate the Rental Inspection District: Additional Analysis 17 ► Area based analysis M down to the census tract block group level ` } ;44-1,;:. 4 _ ► Data will be used to ' reevaluate our Rental Inspection District r P. Any additional analysis c — reports the Council •9 . would ould like to see _ MO 152, IS Ye ►.a' s 4 ........ Here is an Overview of the Conclusions: Conclusions 18 ► Revitalizing neighborhoods and addressing problems associated with aging housing is one of City Council's top priorities ► In 1990,79%of our housing was in standard condition P. 28 years later,86%is in standard condition ► Based upon what we think makes a good neighborhood, how can we explain the results: I. Property owners ore doing a relatively good job of maintaining their properties ► Code Enforcement proactively patrols the city and addresses code violations ► Approx.9,800 building violations and 25,200 property violations are cited/year ► The City does a great job at maintaining public safety,providing core public services,and maintaining public facilities and infrastructure ► For the very small number of property owners who may not be able to afford to maintain or re-investment.DHNP offers programs to assist or connects owners to resources August 7, 2018 26 CITY MANAGER'S BRIEFINGS HOUSING and PROPERTY CONDITIONS SURVEY ITEM#68319 (Continued) 19 Thank You Your Questions or Comments? Mayor Jones expressed his appreciation to Mr. Friedman and Mr. Freed for the informative presentation. August 7, 2018 27 CITY COUNCIL LIAISON REPORTS ITEM#68320 4:20 P.M. Vice Mayor Wood advised he traveled to Waiblingen, Germany for the Virginia Beach Sister Cities Charter Ceremony. Vice Mayor Wood visited the Stihl Company Headquarters and learned Stihl in Virginia Beach produces three (3) times more than the facility in Waiblingen. Additionally, the Stihl family is very involved in the arts and expressed interest in contributing a piece of public art to the City. Mayor Jones expressed his appreciation for Vice Mayor attending. August 7, 2018 28 CITY COUNCIL COMMENTS ITEM#68321 4:21 P.M. Council Lady Abbott advised she was contacted concerning trash on the overpass near Providence Road and received a letter of appreciation after it had been cleaned up. August 7, 2018 29 CITY COUNCIL COMMENTS ITEM#68322 (Continued) Council Lady Abbott expressed her appreciation to Deputy City Manager, Thomas Leahy and staff for meeting with her and the Kemps Green neighborhood concerning the traffic situation. August 7, 2018 30 CITY COUNCIL COMMENTS ITEM#68323 (Continued) Council Lady Henley advised the first presentation of the summer series for the Sea Level Rise and Flooding with focus on the impact to the Albermarle Watershed was successful. Council Lady Henley advised all Council Members received a CD with all the presentations and how these meetings will be helpful to raise citizen awareness on the current issues City Council is working on including the difference regular rain events versus prolonged southern winds impacts on the Southern Watershed. Council Lady Henley expressed her appreciation to all of the participation and advised there are three (3) more meetings scheduled. August 7, 2018 31 CITY COUNCIL COMMENTS ITEM#68324 (Continued) Councilman Moss advised is he looking forward to the presentation on the Hampton Roads Planning District Commission 2045 Socioeconomic Data Forecast. There are some challenging trend lines which he will be engaging with the HRPDC analyst and get more information regarding future revenue streams. August 7, 2018 32 CITY COUNCIL COMMENTS ITEM#68325 (Continued) Councilman Moss expressed his concern with the VML Financing Report, specifically the increasing sales tax on more services. He feels this is not a "pro" taxpayer advocacy approach. He also expressed concern that the Federal State and Local Tax (SALT) ceiling and deductions will cause for many of Virginia Beach Citizens to pay more taxes. He hopes the General Assembly will address this issue. Councilman Moss further expressed concern with the recommendation in the Legislative Proposal to allow Internet Taxes be applied to education and teacher salaries. When the State provides a pay increase, the raise is based on the Standards of Quality (SOQ), which is about half the workforce. The City would have to pay salary increases for the other half August 7, 2018 33 CITY COUNCIL COMMENTS ITEM#68326 (Continued) Councilman Moss inquired about the palm trees near the Sea Wall the Army Corps of Engineers listed as a discrepancy in their Hurricane Protection Inspection. Mr. Hansen explained that a 408 Study has been requested to determine if the palm trees need to be removed. He will inform City Council of the findings from the study. August 7, 2018 34 CITY COUNCIL COMMENTS ITEM#68327 (Continued) Councilman Davenport advised yesterday was the anniversary of Extortion 17, the call sign of the U. S. Army Chinook helicopter that was shot down on August 6, 2011, in Afghanistan, resulting in 38 deaths, 31 of which were American military. This is the greatest single loss of life during Operation Enduring Freedom. Many of those killed made Virginia Beach their home and he wished to pay remembrance to all who sacrificed their lives. August 7, 2018 35 CITY COUNCIL COMMENTS ITEM#68328 4:35 P.M. Councilman Moss invited all Council Members to attend the ceremonial stand-up of Second Fleet Command on August 24`h at Naval Station Norfolk, Pier 12. August 7, 2018 36 AGENDA REVIEW SESSION ITEM#68329 4:36 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: I. ORDINANCES/RESOLUTIONS 1. Resolution CELEBRATING the 75th Anniversary of Naval Air Station Oceana 2. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a First Amendment to the Memorandum of Agreement (MOA) with Hampton Roads Sanitation District (HRSD) and its member localities refunding and implementation of Regional Wet Weather Management Plan (RWWMP) 3. Resolution to SUPPORT Offshore Wind off the Coast of Virginia 4. Resolution to AMEND the Membership of the Transition Area/Interfacility Traffic Area Citizens'Advisory Committee(ITA) 5. Resolution to AMEND the Membership of the Oceana Land Use Conformity Committee (OL UCC) 6. Ordinance to AMEND City Code Sections 2-455 and 2-456 re name and functions of the Department of Aquarium,Historic Houses and Museums 7. Ordinance to GRANT a Franchise Agreement re Open Air Café in the Resort Area to Fish Bones at 1211 Atlantic Avenue 8. Ordinance to AUTHORIZE the relocation of a 25'portion of an existing Dominion Energy Easement along Landstown Road by declaring excess and granting a 25'Dominion Energy Easement on the far Eastern Side of the remaining 120' existing Easement re Landstown Road Improvement Project 9. Ordinance to AUTHORIZE and ACCEPT the dedication of property and easement re Buccaneer Road Bulkhead Replacement Project 10. Ordinance to AUTHORIZE and ACCEPT the dedication of 10 square feet of property located at the intersection of Indian River Road and Lifetime Circle re Right-of-Way purposes 11. Ordinance to DECLARE EXCESS City Property at 236 Middle Lane and AUTHORIZE the City Manager to sell to Chad A. and Jennifer L. Ewell 12. Ordinance to APPROVE the sale of School Board property re Princess Anne Road VII Project and ALLOW the School Board to retain the sale proceeds August 7, 2018 37 AGENDA REVIEW SESSION ITEM#68329 (Continued) 13. Ordinances re Lynnhaven River Basin Ecosystem Restoration Project: a. ESTABLISH CIP Project 7-059 and TRANSFER$3-Million from Water Quality and Restoration Participation Projects II and Lynnhaven River Watershed II CIP Projects b. AUTHORIZE the City Manager to EXECUTE a Project Partnership Agreement with the Army Corps of Engineers 14. Ordinance to AUTHORIZE a $25,000 Grant to the Navy League, Hampton Roads Council re Oceana 75th Anniversary Celebration and RETRACT the prior Grant Authorization to We Feed 15. Ordinance to TRANSFER $1-Million from CIP 7-151 Eastern Shore Drive Drainage Phase I to CIP 7-047 Ashville Park Drainage Improvements Phase I 16. Ordinance to ACCEPT In-Kind Donations to the Department of Public Libraries from the Friends of the Virginia Beach Public Libraries and the Virginia Beach Library Foundation re support Summer Reading Challenge 17. Ordinances to ACCEPT and APPROPRIATE: a. Donations totaling$49,961.22 from the Friends of the Virginia Beach Public Libraries to FY 2017-18 Operating Budget of the Department of Public Libraries b. Grant Funds totaling$88,131 from the Edward Byrne Justice Assistance Grant to FY2018-19 Operating Budgets of the Sheriffs Office, Police Department and the Community Corrections and Pretrial Division 18. Ordinances to APPROPRIATE: a. $80,000 from Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund to FY2018-19 Operating Budget of the Police Department re purchase of vehicles for Investigations Division b. $125,000 from the Virginia Tourism Authority to the FY2018-19 Operating Budget of Economic Development and AUTHORIZE Grant to the Virginia Sports Hall of Fame c. $16,500 from the Eleventh Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception and AUTHORIZE three(3) equal donations to The Global Studies Academy at Tallwood High School, The Achievable Dream Academy at Seatack Elementary and Goodgirls Write Code,Inc. SUBSTITUTE VERSION#3 WILL BE CONSIDERED COUNCILMAN MOSS WILL ABSTAIN ON ITEMS#3,#8 and#14 17b SUBSTITUTE VERSION WILL BE CONSIDERED COUNCIL LADY ABBOTT WILL ABSTAIN ON ITEM#18c August 7, 2018 38 AGENDA REVIEW SESSION ITEM#68329 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING 1. PRINCESS ANNE HOTEL, LLC/CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from B-2 Community Business to Conditional B-4 Mixed Use at the Northeast Corner of Princess Anne Road and Community College Place Intersection DISTRICT 7— PRINCESS ANNE 2. HOFD ASHVILLE PARK,LLC for a Modification of Proffers of a Conditional Rezoning at the North and South sides of Ashville Park Boulevard(Approved on February 24, 2004, and Modified on May 10, 2005 and February 14, 2012). (Deferred from July 3, 2018)DISTRICT 7—PRINCESS ANNE 3. NATHAN HINCH WAICUNAS for a Conditional Use Permit re home occupation — retail firearm sales at 1332 Stringfellow Court DISTRICT 2—KEMPSVILLE 4. BRITTANY PRIMMER/BRANDI MILLER for a Conditional Use Permit re family day- care home at 1001 Eagle Point Drive DISTRICT 1 —CENTERVILLE 5. EDITH & DANIEL MONROE for a Conditional Use Permit re family day-care home at 164 Onondaga Road DISTRICT 4—BAYSIDE 6. DONNA C. DENHAM for a Conditional Use Permit re family day-care home at 965 Edwin Drive DISTRICT 2—KEMPSVILLE 7. H& S DEVELOPMENT GROUP, LLC/COLUMBIA CLUB OF VIRGINIA BEACH for a Conditional Use Permit re communications tower at 1236 Prosperity Road DISTRICT 6 — BEACH 8. CHRISTOPHER STANKUS for a Conditional Use Permit re commercial kennel at 3612 West Neck Road DISTRICT 7—PRINCESS ANNE 9. Resolution to AUTHORIZE three (3) Roadside Guide Signs along Atlantic and Pacific Avenues re Edgar Cayce's A.R.E. DISTRICT 5—LYNNHAVEN ITEM#1 WILL BE CONSIDERED FOR INDEFINITE DEFERRAL COUNCIL LADY ABBOTT WILL ABSTAIN ON ITEM#6 ITEM#7 WILL BE CONSIDERED FOR INDEFINITE DEFERRAL August 7, 2018 39 ITEM#68330 Mayor Louis R. Jones entertained a motion for City Council to recess into a CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purposes: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Princess Anne District • Princess Anne District • Beach District CYBERSECURITY MATTERS: Discussion of plans to protect public safety as it relates to terrorist activity or specific cybersecurity threats or vulnerabilities and briefings by staff members, legal counsel, or law enforcement or emergency service officials concerning actions taken to respond to such matters or a related threat to public safety; discussion of information excluded from this chapter pursuant to subdivision 3 or 4 of Section 2.2-3705.2, where discussion in an open meeting would jeopardize the safety of any person or the security of any facility, building, structure, information technology system, or software program; or discussion of reports or plans related to the security of any governmental facility, building or structure, or the safety of persons using such facility, building or structure pursuant to Section 2.2- 3711(A)(19). • New City Hall Security Features PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees August 7, 2018 40 ITEM#68330 (Continued) Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 4:51 P.M. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane Closed Session 4:51 PM. - 5:59 P.M. *Councilman Uhrin stepped out and did not participate in the discussion for one of the properties in the Princess Anne District identified under Publically-Held Property August 7, 2018 41 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 7,2018 6:00 P.M. Mayor Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday,August 7, 2018, at 6:00 P.M. Council Members Present: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane INVOCATION: Reverend, Garrett Bradley Bugg Pastor, Wycliffe Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna"), whose Oceanfront Office is located at 303 34th Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest, "as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Councilmember Wilson regularly makes this disclosure. Her letter of February 20, 2018, is hereby made part of the record. August 7, 2018 42 Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If, during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Lady Wilson's letter of June 2, 2015, is hereby made a part of the record. August 7, 2018 43 Item—VII-E CERTIFICATION ITEM#68331 Upon motion by Councilman Moss, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 r4N1'.BEac 5 q4* __ OEti 4.4,e MS OUA woo RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#68330 Page 40 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. (, L, .nda Barnes,M ity Clerk August 7, 2018 44 Item—VII-F.1 MINUTES ITEM#68332 Upon motion by Councilman Dyer and seconded by Council Lady Henley, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of July 3, 2018 and July 10,2018. Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor James L. Wood Council Members Abstaining: Jessica P. Abbott Council Members Absent: Shannon DS Kane *Council Lady Abbott noted her verbal abstention for the July 3, 2018 Minutes making the Vote 8-0. August 7, 2018 45 ADOPT AGENDA FOR FORMAL SESSION ITEM#68333 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION August 7, 2018 46 Item - VII-H.1 PUBLIC HEARINGS ITEM#68334 Mayor Jones DECLARED A PUBLIC HEARING: RELOCATION OF EASEMENT Landstown Road Improvement Project There being no speakers, Mayor Jones CLOSED the PUBLIC HEARING. August 7, 2018 47 Item - VII-H.2 PUBLIC HEARINGS ITEM#68335 Mayor Jones DECLARED A PUBLIC HEARING: SALE OF EXCESS CITY PROPERTY 236 Middle Lane There being no speakers, Mayor Jones CLOSED the PUBLIC HEARING. August 7, 2018 48 Item- VII-H.3 PUBLIC HEARINGS ITEM#68336 Mayor Jones DECLARED A PUBLIC HEARING: PROPOSED OPEN AIR CAFÉ FRANCHISE AGREEMENT Fish Bones Cafe at 1211 Atlantic Avenue There being no speakers,Mayor Jones CLOSED the PUBLIC HEARING. August 7, 2018 49 Item- VII-H.4 PUBLIC HEARINGS ITEM#68337 Mayor Jones DECLARED A PUBLIC HEARING.• ALLOCATION OF EDWARD BYRNE JUSTICE ASSISTANCE GRANT Law Enforcement Purposes There being no speakers,Mayor Jones CLOSED the PUBLIC HEARING. August 7, 2018 50 ADD ON RESOLUTION ITEM#68338 Upon motion by Councilman Moss, seconded by Councilman Dyer, City Council ADDED a Resolution to "APPOINT Victoria L. Rice to the position of Assistant City Attorney". Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 51 Item— VIZI ORDINANCES/RESOLUTIONS ITEM#68339 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT: Agenda Items 2, 3 (SUBSTITUTE VERSION/MOSS ABSTAIN), 4, 5, 6, 7, 8 (MOSS ABSTAIN), 9, 10, 11, 12, 13a/b, 14 (MOSS ABSTAIN), 16, 17a, I7b (SUBSTITUTE VERSION), 18a/b, 18c(ABBOTT ABSTAIN) and 19(ADD ON) Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 52 Item-VII-L1 ORDINANCES/RESOLUTIONS ITEM#68340 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council ADOPTED,Resolution CELEBRATING the 75`i'Anniversary of Naval Air Station Oceana Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 Requested by Mayor Jones and Councilmember Uhrin 1 A RESOLUTION CELEBRATING THE 75th ANNIVERSARY 2 OF NAVAL AIR STATION OCEANA 3 4 WHEREAS, Naval Air Station Oceana began through acquisition by the United 5 States Navy in 1940; 6 7 WHEREAS, at the time the area was open farmland set in an isolated part of 8 what was then Princess Anne County and is now the City of Virginia Beach; 9 10 WHEREAS, in 1943 it was commissioned as a Naval Auxiliary Air Station; 11 12 WHEREAS, it now serves as Naval Air Station Oceana, the Navy's East Coast 13 Master Jet Base comprising 11,000 acres of property and easements; 14 15 WHEREAS, there are three 8,000-foot runways and one 12,000-foot runway that 16 will support all the aircraft in the Department of Defense inventory; 17 18 WHEREAS, it has more than 17,000 Navy personnel and civilian employees, 19 making it the second-largest employer in Virginia Beach; 20 21 WHEREAS, Naval Air Station Oceana is now home to 17 F/A-18 Hornet and 22 Super Hornet squadrons; 23 24 WHEREAS, it is also home to the Navy's East Coast Boeing C-40A 25 passenger/freight aircraft; 26 27 WHEREAS, an average of 84,000 flight operations are flown each year at Naval 28 Air Station Oceana; 29 30 WHEREAS, Naval Air Station Oceana is also home to numerous other activities 31 such as Commander Strike Fighter Wing Atlantic, Landing Signal Officer School, Carrier 32 Air Wing Commanders, Fleet Area Control and Surveillance Facility, Virginia Capes, 33 training schools for naval technicians, Marine Air Training Support Group, and Fleet 34 Readiness Center Mid-Atlantic, providing support for naval aviation maintenance, and 35 Strike Fighter Weapons School Atlantic, which provides graduate-level training in air-to- 36 ground and air-to-air tactics; 37 38 WHEREAS, the personnel at Naval Air Station Oceana provide innumerable 39 benefits to the City of Virginia Beach and Hampton Roads generally through 40 volunteering with Boy Scouts, parent-teacher organizations, and other charity groups, 41 and as citizens of our Commonwealth; 42 43 WHEREAS, the City and Naval Air Station Oceana have developed model 44 counter-encroachment programs ensuring both the continuing viability of the naval 45 aviation mission and the City's ability to grow other key industries, as has been attested 46 to by the Secretary of the Navy; and 47 48 WHEREAS, Naval Air Station Oceana will be celebrating 75 years of operation 49 as a Naval Air Station in August of this year. 50 51 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 52 VIRGINIA BEACH, VIRGINIA: 53 54 That the City Council congratulates Naval Air Station Oceana on its anniversary 55 and celebrates the long relationship that we have had with this institution. 56 57 AND BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 58 VIRGINIA BEACH, VIRGINIA: 59 60 That we love the Sound of Freedom. Adopted by the City Council of the City of Virginia Beach, Virginia on the 7th day August , 2018. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14503 R-1 August 2, 2018 AISIA•13t4,., . 5 Gfe e Op OUR N RESOLUTION WHEREAS.: Naval Air.Station Oceana began through acquisition by the United States Navy in 1940; WHEREAS: At the time the area was open farmland set in an isolated part of what was then Princess Anne County and is now the City of Virginia Beach; WHEREAS: In 1943 it was commissioned as a Naval Auxiliary Air Station; WHEREAS: It now serves as Naval Air Station Oceana, the Navy's East Coast Master Jet Base comprising 11,000 acres of property and easements; WHEREAS: There are three 8,000-foot runways and one 12,000-foot runway that will support all the aircraft in the Department of Defense inventory; WHEREAS: It has more than 17,000 Navy personnel and civilian employees, making it the second- largest employer in Virginia Beach; WHEREAS: Naval Air Station Oceana is now home to 17 F/A-18 Hornet and Super Hornet squadrons; WHEREAS: It is also home to the Navy's East Coast Boeing C-40A passenger/freight aircraft; WHEREAS: An average of 84,000 flight operations are flown each year at Naval Air Station Oceana; WHEREAS: Naval Air Station Oceana is also home to numerous other activities such as Commander Strike Fighter Wing Atlantic,Landing Signal Officer School, Carrier Air Wing Commanders,Fleet Area Control and Surveillance Facility, Virginia Capes, training schools for naval technicians, Marine Air Training Support Group, and Fleet Readiness Center Mid-Atlantic,providing support for naval aviation maintenance,and Strike Fighter Weapons School Atlantic, which provides graduate-level training in air- to-ground and air-to-air tactics; WHEREAS: The personnel at Naval Air Station Oceana provide innumerable benefits to the City of Virginia Beach and Hampton Roads generally through volunteering with Boy Scouts, parent-teacher organizations,and other charity groups,and as citizens of our Commonwealth; WHEREAS: The City and Naval Air Station Oceana have developed model counter-encroachment programs ensuring both the continuing viability of the naval aviation mission and the City's ability to grow other key industries,as has been attested to by the Secretary of the Navy;and WHEREAS: Naval Air Station Oceana is celebrating 75 years of operation as a Naval Air Station this month. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council congratulates Naval Air Station Oceana on its anniversary and celebrates the long relationship that we have had with this institution. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:THAT WE LOVE THE SOUND OF FREEDOM. Adopted• the ity Council of the City of Virginia Beach, Virginia,this 74 day of August,2018 C' --Lad t ,tP Abbott Councilman Rg6ertemL'Ba6'Dyer Airy,41 I f4t,n H.Benjamin(Davenport ��'� C Barham J1LI �' k c. •nJoh'O.Woes ) Council Sha ne C nci(man John Vfi CouncilLaly 9epremary WSlton,GCsit w� r� Av. T 74, ,7arr{a L.Wool 9 iayor Louis 4C,9 53 Item-VII-I.2 ORDINANCES/RESOLUTIONS ITEM#68341 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a First Amendment to the Memorandum of Agreement (MOA) with Hampton Roads Sanitation District(HRSD) and its member localities refunding and implementation of Regional Wet Weather Management Plan (RWWMP) Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 1 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY 2 MANAGER TO EXECUTE, ON BEHALF OF THE CITY OF 3 VIRGINIA BEACH, A FIRST AMENDMENT TO THE 4 MEMORANDUM OF AGREEMENT WITH THE HAMPTON ROADS 5 SANITATION DISTRICT AND ITS MEMBER LOCALITIES 6 PERTAINING TO THE FUNDING AND IMPLEMENTATION OF 7 THE REGIONAL WET WEATHER MANAGEMENT PLAN 8 9 WHEREAS, in March 2014, the cities of Chesapeake, Hampton, Newport News, 10 Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg; the Town of 11 Smithfield; and the counties of Gloucester, Isle of Wight, and York; and the James City Service 12 Authority (each a "Locality" and collectively, the "Localities") entered into a Memorandum of 13 Agreement with the Hampton Roads Sanitation District ("HRSD") concerning the financing and 14 implementation of the Regional Wet Weather Management Plan ("RWWMP"); and 15 16 WHEREAS, since 2014 Memorandum of Agreement, HRSD has refined its plan to 17 address wet weather management. HRSD between 2018 and 2030 will address five priority 18 areas to reduce regional wet weather overflow by almost fifty (50) percent. HRSD will also 19 implement the Sustainable Water Initiative for Tomorrow ("SWIFT") project, thus enabling 20 HRSD to delay the submission of a final remedial measures plan to the Environmental 21 Protection Agency ("EPA") until 2030. Wet weather work will potentially continue past 2053; 22 and 23 24 WHEREAS, the 2014 Memorandum of Agreement provided that HRSD would accept 25 responsibility and liability for all regional wet weather overflows upon the completion of the 26 RWWMP what at that time was estimated to be in 2043; and 27 28 WHEREAS, HRSD's updated RWWMP extends that estimated date for completion to 29 2053; and 30 31 WHEREAS, HRSD is willing to accept liability for all regional wet weather overflows 32 upon RWWMP approval (estimated in 2019); and 33 34 WHEREAS, it is in the best interests of the City and its residents and businesses to 35 amend the 2014 Memorandum of Agreement. 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 38 VIRGINIA BEACH: 39 40 That the City Manager is hereby authorized and directed to execute on behalf of the 41 City of Virginia Beach the aforesaid Memorandum of Agreement, pertaining to the Regional 42 Wet Weather Management Plan, a summary of the amended material terms of which has been 43 exhibited to the City Council, are attached hereto and a true copy of which is on file in the City 44 Clerk's Office. Adopted by the City Council of the City of Virginia Beach on the 7th day of August , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • tlir \.N Department of Public Uti - City Attorney' •kuvdw ce CA14484 July 24, 2018 R-2 2 HAMPTON ROADS REGIONAL WET WEATHER MANAGEMENT PLAN MEMORANDUM OF AGREEMENT FIRST AMENDMENT SUMMARY OF MATERIAL TERMS PURPOSE: To realize the benefit of the Hampton Roads Sanitation District ("HRSD") assuming liability for capacity-related overflows in the regional sanitary sewer system upon the acceptance of the Regional Wet Weather Management Plan ("RWWMP") (estimated in 2019) as opposed to the completion of the RWWMP (estimated in 2053+). PARTIES: HRSD, the cities of Chesapeake, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach and Williamsburg; the Town of Smithfield; and the counties of Gloucester, Isle of Wight, and York and the James City Service Authority. TERM: Expires upon the written agreement of all parties. DUTIES: HRSD: • Provide full wet weather capacity for all Regional Sanitary Sewer Systems when the Court accepts the RWWMP (estimated in 2019). • Assume liability for Wet Weather Overflows when the Court accepts the RWWMP (estimated in 2019). • Reimburse, when legally possible, third-party claims paid by the City for Wet Weather Overflows after the Court accepts the RWWMP (estimated in 2019). LOCALITIES: • Refrain from requesting a modification or termination of the Special Order by Consent that would modify the obligations of the locality for the management, operations and maintenance (MOM) program without the consent of HRSD. Final, April 12, 2018 FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT This First Amendment modifies the Memorandum of Agreement ("Agreement") entered into on the 10th day of March, 2014, by and among the Hampton Roads Sanitation District ("HRSD"); and the cities of Chesapeake, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg; the Town of Smithfield; and the counties of Gloucester, Isle of Wight, and York; and the James City Service Authority (each a "Locality"and collectively, the "Localities"). WHEREAS, the HRSD and the Localities entered into the Agreement for the purpose of realizing the substantial savings for all parties, collectively, that would be obtained by HRSD assuming sole responsibility for financing and implementing an approved Regional Wet Weather Management Plan ("RWWMP") across the entire region; WHEREAS, the Agreement sets forth the respective responsibilities of HRSD and the Localities regarding the construction, expansion, operation, and maintenance of the Regional Sanitary Sewer Systems, including that the Localities would remain responsible for conducting the operation and maintenance of their respective systems in accordance with an approved Management, Operations, and Maintenance program and HRSD would assume responsibility for developing, financing, and implementing the RWWMP in the Regional Sanitary Sewer System; WHEREAS, upon the completion of the RWWMP implementation, HRSD agreed to assume the Localities' regulatory liability for any wet weather overflows that are determined to result from lack of adequate capacity as defined in the approved RWWMP; WHEREAS, HRSD is presently undertaking the Sustainable Water Initiative for Tomorrow ("SWIFT") project, which entails treating water that would otherwise be discharged to the Chesapeake Bay watershed to drinking water standards and adding it to the Potomac aquifer, thereby providing important human health and environment benefits to the region, including reducing the amounts of nutrients and sediment discharged to the Chesapeake Bay, replenishing the region's stressed groundwater supplies, and slowing or reversing land subsidence related to aquifer compaction; WHEREAS, on February 21, 2017, the Federal Consent Decree was amended to authorize HRSD to incorporate integrated planning elements in the RWWMP that allow for the prioritization of the SWIFT project over wet weather capacity projects provided that doing so will provide greater human health or environmental benefits to the region; WHEREAS, on September 29, 2017, HRSD submitted an RWWMP to the U.S. Environmental Protection Agency ("EPA") and Virginia Department of Environmental Protection ("DEQ"), which prioritizes the implementation of the SWIFT project, in concert with certain high priority wet weather capacity projects, and, consistent with prudent adaptive management principles, reserves the development of a plan for any additional wet weather capacity actions that may be necessary for a Final Measures Plan to be submitted to EPA and DEQ in 2030; WHEREAS, HRSD and the Localities desire to amend the Agreement to better conform to the RWWMP dated September 29, 2017 by accelerating the date HRSD will assume regulatory liability for wet weather overflows from the Regional Sanitary Sewer System and reaffirming the Localities' continuing obligation to properly maintain their respective systems. NOW, THEREFORE, pursuant to Section D.1 of the Agreement, HRSD and the Localities do hereby agree to amend the Agreement as follows. A. REVISIONS TO THE AGREEMENT 1. The following definition is inserted in Section A: "Wet Weather Overflows" means capacity-related overflows from the Regional Sanitary Sewer System that result from unusually high flows caused by infiltration and/or inflow and not attributed to mechanical or electrical failure, third-party damage, extreme weather events, or similar conditions beyond the hydraulic capacity of the Regional Sanitary Sewer System. Capacity-related overflows specifically exclude those caused in whole or in part by build-ups of debris, sediment, and/or grease that reduce the hydraulic capacity of the system and that can be mitigated through proper operations and maintenance of the system. 2. Subsections e., m., and n. of Section B.1 are amended as follows: e. Upon approval by the United States District Court for the Eastern District of Virginia (the "Court") of an amendment to the Federal Consent Decree to adopt the RWWMP approved by EPA and DEQ - ' • • • • - - seg vice-area, HRSD shall be responsible for wet weather capacity for these portions of the Regional Sanitary Sewer System in -thata, whether owned or operated by HRSD or a Locality, as further specified in this Section BA . : : . . . '.. . - _. .. _' - - . - . . . ... , . m. Assume regulatory liability for Wet Weather Overflows occurring within the Regional Sewer System following approval by the Court sempletion of the RWWMP : _ - . . _ . .•._ ...I. , • - - • . -- •• A. . _ .. - - .. . j n. Reimburse, to the extent permitted by law, any Locality for reasonable claims paid to any third party resulting from Wet Weather Overflows occurring 2 on or after the date of the approval of the RWWMP by the Court upen-sempletien - ' .•.e , • . t'•• -• - • . .• • _ ' - ' .a. , .u' _ _ .. • 3: .. - - - _ , .•.1„ , . . _ _ - - ..e provided that HRSD retains the right to assert governmental immunity and/or other applicable defenses as allowed by law if HRSD determines a claim is unreasonable or due to causes beyond HRSD's control; 3. The following subsection k. is added to the end of Section B.2: k. Refrain from requesting or petitioning the Board or DEQ to terminate the Special Order By Consent (December 19, 2014) in accordance with Section E.12 of the same, or consenting to a modification of the Special Order By Consent that eliminates or materially alters the Locality's obligation to implement a Management, Operations, and Maintenance program in accordance with Section D of the same, unless prior written consent to such termination or modification is provided by HRSD. B. MISCELLANEOUS PROVISIONS 1. Effective Date for this First Amendment. This amendment shall become effective as of the date(1) all Parties provide written assent to this First Amendment and (2) the Court approves an amendment to the Federal Consent Decree that adopts the RWWMP approved by EPA and DEQ, whichever occurs later. 2. Recission of this First Amendment. It is an express assumption and condition of this First Amendment that the RWWMP submitted by HRSD on September 29, 2017 will be approved by EPA and DEQ and will be incorporated into the Federal Consent Decree through an amendment approved by the Court. If(1) HRSD is compelled by action of EPA, DEQ, and/or the Court to submit a revised RWWMP that is materially different from the RWWMP dated September 29, 2017, and such revised RWWMP is thereafter approved by the Court or(2) the Court imposes an alternate RWWMP on HRSD, HRSD may, at its discretion, notify all Localities in writing within thirty (30) days of such approval/imposition of a materially different RWWMP. Provided such notification states HRSD's intent to rescind the First Amendment in accordance with this section, it will have the effect of rescinding this First Amendment in its entirety. In that case, the Agreement will continue in effect as if this First Amendment were never executed. 3. Remainder of Agreement Unaffected. Except as stated in Section A of this First Amendment, the Agreement remains in full force and effect. IN WITNESS WHEREOF, the Parties express their assent to this First Amendment by the signatures of their duly authorized officials as of the dates next to their respective signatures as shown below. [REST OF PAGE INTENTIONALLY LEFT BLANK] 3 IN WITNESS WHEREOF, the Party has caused this Agreement to be executed by their duly authorized officials as shown below. HRSD By: Edward G. Henifin, P.E. Date: Attest: (ELECTRONIC SIGNATURES OF ALL PARTIES TO THE AGREEMENT WILL BE CONSOLIDATED ON THIS PAGE IN THE FINAL DOCUMENT) 4 LIST OF SIGNATORIES CITY OF CHESAPEAKE GLOUCESTER COUNTY CITY OF HAMPTON ISLE OF WIGHT COUNTY JAMES CITY COUNTY CITY OF NEWPORT NEWS CITY OF NORFOLK CITY OF POQUOSON CITY OF PORTSMOUTH CITY OF SUFFOLK CITY OF VIRGINIA BEACH CITY OF WILLIAMSBURG YORK COUNTY TOWN OF SMITHFIELD HAMPTON ROADS SANITATION DISTRICT This listing of participants is followed by the signature page to be completed by each party. 5 IN WITNESS WHEREOF, the Party has caused this Agreement to be executed by their duly authorized officials as shown below. By: Date: Locality: Date: Attest: 6 IN WITNESS WHEREOF, the Party has caused this Agreement to be executed by their duly authorized officials as shown below. HRSD By: //14/ /f/k Edward G. Henifin, P.E. Date: q/l)./Zlik _ , — Attest: 061/Ak isf 80881 SUZANNE HERMANS �C}•r NOTARY PUBLIC•Reg.#7664327 COMMONWEALTH OF VIRGINIA • c1ON EXPIRES NOVEMBER 30,2020 (ELECTRONIC SIGNATURES OF ALL PARTIES TO THE AGREEMENT WILL BE CONSOLIDATED ON THIS PAGE IN THE FINAL DOCUMENT) 4 MEMORANDUM OF AGREEMENT Mar(Ail } This Memorandum of Agreement("Agreement") is entered into on this I 0 day of FebrtThT5 2014, by and among the Hampton Roads Sanitation District ("HRSD"); and the cities of Chesapeake, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg; the Town of Smithfield; and the counties of Gloucester, Isle of Wight, and York; and the James City Service Authority(each a"Locality"and collectively, the"Localities"). WHEREAS; HRSD provides wastewater transmission and treatment services for the Localities; WHEREAS, the Localities individually own and operate sanitary sewer collection systems, which collect sewage within their individual jurisdictional boundaries and deliver it to the HRSD sewer system for conveyance and treatment; WHEREAS, to address regional wet weather sewer capacity requirements, on February 23, 2010, HRSD, the Virginia Department of Environmental Quality and the United States Environmental Protection Agency entered into a Federal Consent Decree; WHEREAS, the Federal Consent Decree requires, among other things, that HRSD work in consultation with the Localities to develop a Regional Wet Weather Management Plan ("RWWMP") that will ensure adequate wet weather sewer capacity in HRSD's portion of the regional sewer system; WHEREAS, on June 25, 2012, HRSD, the Localities (excluding Norfolk), and the Commonwealth of Virginia executed an Amendment to the September 26, 2007 Special Order By Consent that requires the Localities (excluding Norfolk) and HRSD to, among other things, develop a RWWMP identical to the plan called for in the Federal Consent Decree; WHEREAS, on March 17, 2005, HRSD, Norfolk and the Commonwealth of Virginia executed a second phase to the December 17, 2001 Special Order by Consent (collectively, the "Norfolk/HRSD Consent Orders") that required HRSD and Norfolk, to among other things, address wet weather issues in the City of Norfolk with a Long Term Control Plan requiring a minimum annual investment in sewer infrastructure; WHEREAS, pursuant to the Norfolk/HRSD Consent Orders, the City of Norfolk has made significant financial investments of over $100 million, though additional capacity-related investments in the Norfolk sewer system are expected as part of further implementation of the Norfolk/HRSD Consent Order(the "Norfolk/HRSD Consent Order Capacity Projects"); WHEREAS, substantial additional wet weather capacity-related investments in the Norfolk sewer system will still be required to achieve the regional wet weather management capacity requirements in the approved RWWMP(the`Norfolk System RWWMP Projects"); WHEREAS, during the ongoing planning for the RWWMP, HRSD and the Localities conducted a study to determine if HRSD ownership of the Localities' sewer systems would provide significant capital and operational cost savings to the region's ratepayers under the RWWMP; WHEREAS, the regional study was completed in the summer of 2013 and estimated that HRSD ownership of the regional sewers could potentially save the overall region's ratepayers more than one billion dollars over a 30-year period in capital and operation/maintenance costs as compared to a scenario where HRSD and the Localities independently seek to address wet weather capacity needs, although the amount of savings varied significantly among the Localities; WHEREAS, full regionalization of the Localities' sewer systems is unlikely at this time for a variety of reasons; WHEREAS, a significant portion of the estimated savings from full regionalization can still be obtained for the benefit of the region's ratepayers if HRSD agrees to take sole responsibility for financing and implementing the approved RWWMP across the entire regional sewer system; and WHEREAS, if HRSD assumes sole responsibility for funding and implementing the approved RWWMP, HRSD will have to raise its regional rates in order to fund the cost of the approved RWWMP, and each Locality which is a party hereto acknowledges that such rate increases will be necessary in order to achieve the more affordable and cost-effective RWWMP (which each Locality will have the opportunity to provide input into and to challenge if it believes the RWWMP is not an affordable and cost-effective approach); NOW, THEREFORE, in consideration of the premises, mutual covenants and obligations contained herein, HRSD and the Localities do hereby enter into this Agreement for the purpose of defining the roles, responsibilities, and obligations of HRSD and the Localities for the development, financing, and implementation of the RWWMP and the assurance of adequate wet weather sewer capacity in the Regional Sanitary Sewer System in the future. A. DEFINITIONS "2007 MOA" means the Memorandum of Agreement dated June 28, 2007, by and among HRSD; the cities of Chesapeake, Hampton, Newport News, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg; the Town of Smithfield; the counties of Gloucester, Isle of Wight, and York; and the James City Service Authority. "Board" means the State Water Control Board, a permanent citizens body of the Commonwealth of Virginia as described in Virginia Code §§ 62.1-44.7 and 10.1-1184. "DEQ" means the Department of Environmental Quality, an agency of the Commonwealth of Virginia as described in Virginia Code §10.1-1183. "EPA"means the United States Environmental Protection Agency. "Federal Consent Decree" means the Amended Consent Decree filed in the United States District Court for the Eastern District of Virginia on February 23, 2010 (Civil Action No. 2:09cv- 481), and any subsequent amendments thereto. "Party" or"Parties" means one or more signatories to this Agreement. "Regional Sanitary Sewer System" means the collective sanitary sewer systems owned and operated by HRSD and the Localities, including gravity sewer lines, manholes, pump stations, lift stations, pressure reducing stations, force mains, wastewater treatment plants, and all associated appurtenances. "Special Order By Consent" means the special order by consent dated September 26, 2007, and any subsequent amendments thereto, by and among the Board and HRSD; the cities of Chesapeake, Hampton, Newport News, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg; the Town of Smithfield; the counties of Gloucester, Isle of Wight, and York; and the James City Service Authority. "Significant Defect" means a physical condition in the sanitary sewer system owned or j. Negotiate and obtain customary commercial Warranties for pavement and other project improvements in Locality systems and enforce such Warranties during warranty periods as necessary, provided that following such warranty period, any assets conveyed to a Locality are the sole responsibility of such Locality; k. Make available to the Localities information HRSD uses in the development and implementation of the RWWMP and any other relevant information HRSD may have; 1. Comply with applicable Locality ordinances and other laws and regulations in the planning, design, and implementation of the RWWMP; m. Assume regulatory liability for wet weather overflows occurring upon completion of the RWWMP implementation(including the Post RWWMP Implementation Performance Assessment) and which are determined to result from lack of adequate capacity as defined in the RWWMP for such sanitary sewer overflows; n. Reimburse, to the extent permitted by law, any Locality for reasonable claims paid to any third-party resulting from wet weather overflows occurring upon completion of the RWWMP implementation (including the Post RWWMP Implementation Performance Assessment) and which are determined to result from lack of adequate capacity as defined in the RWWMP for such sanitary sewer overflows, provided that HRSD retains the right to assert governmental immunity as allowed by law if HRSD determines a claim is unreasonable or due to causes beyond HRSD's control; o. Provide staff and/or consultant resources to coordinate development and implementation of the approved RWWMP as it applies to each Locality in accordance with the approved RWWMP schedule; p. Issue in a timely manner and in accordance with established processes any approvals, and timely execute any documents, necessary for implementation by a Locality of improvements or management, operations or maintenance measures as required by the RWWMP or contemplated by the Special Order by Consent, and not unreasonably withhold, condition or delay such approvals or execution of documents; q. Support the modification of the Special Order by Consent between DEQ, HRSD and the Localities consistent with the changes to the Federal Consent Decree; r. Consult with the Localities as necessary to facilitate the timely implementation of the approved RWWMP; and s. Cooperate with Localities when requested to incorporate other locally funded infrastructure improvements as part of any RWWMP project, provided that HRSD can do so consistent with the approved RWWMP schedule and HRSD's project-related costs do not increase by more than ten percent(10%) (a Locality may pay any amount of additional HRSD cost above the 10%threshold in order to satisfy this condition). 2. Each Locality agrees to: a. Maintain and operate Locality-owned collection system assets and any improvements constructed by HRSD in Locality-owned assets as part of the RWWMP. This obligation shall be performed in accordance with any approved Management, Operations, and Maintenance program and industry accepted practices relating to sewer inspection, Sewer System Evaluation Survey work and repair of Significant Defects (not scheduled to be addressed by the operated by a Locality, including: (i) existing or imminent structural failures, cave-ins, and similar defects and (ii) significant sources of inflow and infiltration (including but not limited to missing and/or damaged public clean-outs, missing manhole inserts, direct storm water connections, and unsealed manhole pipe penetrations). "Warranties" means any warranties and/or rights under bonds or similar instruments securing or assuring the quality, adequacy or timeliness of the design, materials, installation or construction of any improvements conveyed by HRSD to a Locality as contemplated in this Agreement. B. ROLES AND RESPONSIBILITIES 1. HRSD agrees to: a. In consultation with the Localities: Develop a reasonably affordable and cost- effective RWWMP, including the Norfolk System RWWMP Projects, in accordance with this Agreement and Paragraph 10 of the Federal Consent Decree, to achieve the wet weather capacity requirements of the Federal Consent Decree for the affected portions of the Regional Sanitary Sewer System including the Norfolk sewer system. b. Implement the approved RWWMP in accordance with the approved RWWMP long-term schedule; c. Design and construct all RWWMP projects in accordance with HRSD Standards and Preferences, the applicable portions of the Hampton Roads Planning District Commission Regional Construction Standards, and Locality preferences, policies, or guidelines with respect to operation and maintenance issues where such preferences, policies, or guidelines have been established and are broadly applied by the Locality; d. Fully fund implementation of the RWWMP regardless of asset ownership through a regional HRSD rate applied equally across all HRSD accounts in the Localities; e. Upon full implementation of the applicable RWWMP facilities for each HRSD treatment plant service area and the successful completion of the Post-RWWMP Performance Assessment for that service area, HRSD shall be responsible for ensuring and maintaining adequate wet weather capacity for those portions of the Regional Sanitary Sewer System in that service area, whether owned or operated by HRSD or a Locality, up to the applicable capacity level defined in the approved RWWMP; f. Maintain a flow monitoring program in accordance with the Federal Consent Decree; g. Investigate,ate, in cooperation with affected Localities, any sanitary sewer overflow where system capacity is reasonably suspected of being a contributing cause or the sole cause of such overflow to determine the actual cause or causes (in support of such inquiry, HRSD shall make available to Localities in a timely manner, upon request, any potentially relevant information it may have) and the appropriate response; h. Provide to the applicable Locality complete copies of record drawings of improvements constructed by HRSD within that Locality pursuant to the RWWMP within thirty (30)days of completion or amendment of such drawings; i. Convey to each Locality improvements which HRSD may install or construct pursuant to the approved RWWMP, for addition or modification to the Locality's sewer system; RWWMP within a reasonable period of time but excluding those for which HRSD is responsible under Section B.1.j above); b. Provide full access to data, information and Locality-owned assets necessary for timely and cost-effective development of the RWWMP. This includes, but is not limited to, flow monitoring data, calibrated hydrologic models, long-term simulations, SSES data and results, Rehabilitation Plans and Preliminary Capacity Assessments including hydraulic models and related calculations; c. Maintain and calibrate the existing locality-owned flow monitoring equipment (previously required by the Regional Technical Standards) and provide data at regular intervals in a mutually acceptable form,throughout the development of the RWWMP; d. Provide staff and/or consultant resources to coordinate development and implementation of the approved RWWMP as it applies to each Locality in accordance with the approved RWWMP schedule, subject to appropriation,provided that in the event adequate resources are not appropriated, HRSD shall be relieved of its obligations under Section B.1.a with respect to consultation with the Localities and Section B.I.q of this Agreement; e. Timely issue any Locality administrative permits in accordance with established processes and, subject to applicable law, timely execute any documents, as necessary for implementation of RWWMP-related improvements in that Locality, and not unreasonably withhold, condition or delay such permits or execution of documents; f. Accommodate reasonable contractor requests for standard work hours and maintenance of traffic in accordance with existing Locality policies during implementation of RWWMP improvements within the Locality; g. Support the modification of the September 26, 2007 Special Order by Consent, as amended, between DEQ, HRSD and the Localities consistent with the changes to the Federal Consent Decree; h. Upon HRSD's request, provide a written letter of support for a modification of HRSD's Federal Consent Decree to establish HRSD's responsibilities consistent with this Agreement; i. Cooperate with HRSD and the other Localities as necessary to facilitate the timely implementation of the approved RWWMP; and j. Provide timely notice of and investigate, in cooperation with HRSD, all capacity-related sanitary sewer overflows. C. REMEDIES AND RESERVATIONS OF RIGHTS 1. If any Party shall fail to perform or observe any of the material terms, conditions, or provisions of this Agreement applicable to it, and said failure is not rectified or cured within thirty (30)days after receipt of written notice thereof from another Party, then the defaulting Party shall be deemed in breach of this Agreement; provided, however, that no Party shall have a right to issue a notice of default pursuant to this Section C.1 until the dispute resolution procedures set forth in Section C.2 below have been exhausted. The Parties agree that, in the event of a material breach of this Agreement, a non-defaulting Party, which is or would be harmed by the breach, may seek injunctive relief or specific performance of the defaulting Party's obligations without the requirement to post a bond. The Parties acknowledge that each Party's performance of its material obligations is valuable and unique and that, for purposes of allowing the non-defaulting Party to seek injunctive relief, the failure of a Party to perform its material obligations hereunder may result in irreparable injury to the other Parties. Nothing in this Agreement shall be deemed to modify, alter, or otherwise affect such other rights and remedies as may be available to the Parties under applicable law or equity. 2. If any dispute arises with respect to the alleged failure of any Party to perform or observe any of the material terms, conditions, or provisions of this Agreement applicable to it, as a condition precedent to instituting a formal action in a court with competent jurisdiction, the parties shall first attempt to resolve the dispute through the dispute resolution procedures contained in this Section C.2. A Party may initiate the dispute resolution procedures of this Section C.2 by providing to the other Parties to the dispute written notice of the existence and nature of the dispute. Within thirty (30) days of such notice, the Parties to the dispute shall meet and attempt in good faith to resolve the dispute. Upon the request of any Party to the dispute, the Parties to the dispute shall participate in non-binding mediation. The mediator shall be selected by mutual agreement of the Parties to the dispute, and the cost of the mediator shall be shared equally by those Parties engaged in the mediation. If the dispute cannot be resolved within sixty (60) days after receipt of written notice of the dispute or any reasonable extension as may be mutually agreed upon by the Parties, then any Party to the dispute may elect to end dispute resolution by providing written notice of such election to the other Parties to the dispute, in which case the dispute resolution procedures shall be deemed to have been exhausted. The dispute resolution procedures may also be deemed exhausted by written agreement of all the Parties to the dispute. 3. Nothing herein shall be construed as or otherwise constitute a waiver or release by any Party of any right, power, immunity, or standing of that Party that may exist pursuant to applicable law or regulation, including, without limitation, such right or standing to appeal or seek review of any case decision or other reviewable determination of the Board, DEQ, EPA, a Court having jurisdiction over the dispute, or any other agency or governmental body related to the matters addressed in this Agreement,the Federal Consent Decree, or the Special Order By Consent. D. MISCELLANEOUS 1. Amendments to Agreement. Amendments to this Agreement must be in writing and signed by all the Parties. 2. Entire Agreement. This Agreement contains the entire agreement among the Parties with respect to the subject matter hereof and supersedes all prior agreements, written or oral, with respect thereto, including the 2007 MOA. 3. Severability. If any provision of this Agreement is found to be unenforceable, the remainder of this Agreement shall remain in full force and effect. 4. Authority. The Parties represent that they have the authority to enter into this Agreement and that the individuals signing this Agreement on their behalf have the requisite power and authority to bind the Parties to its terms and conditions. This Agreement shall apply to, and be binding upon the Parties, their elected officials, officers, agents, employees, successors, and assigns. 5. Reservation. Except as expressly provided herein, nothing in this Agreement shall be construed to limit or otherwise affect the authority, rights, or responsibilities of the Parties. 6. Notices and Written Communications. All notices and written communication pursuant to this Agreement shall be submitted to the recipients listed in Attachment A. A Party may change its designated notice recipient by so informing all other Parties in writing. 7. Effective Date. This Agreement shall be effective and binding upon its execution by all Parties and shall continue in effect until terminated in accordance with Section D.11. 8. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia, without regard to the conflict of laws and rules thereof. 9. Force Majeure. No Party shall be responsible for its failure to fulfill an obligation pursuant to this Agreement to the extent that such failure is due to acts of God; strikes; war or terrorism; the actions of a third party; the actions of another Party; lockouts; or other events not reasonably within the control of the Party claiming force majeure. A Party experiencing a force majeure event that prevents fulfillment of a material obligation hereunder shall (a) give the other Parties prompt written notice describing the particulars of the event; (b) suspend performance only to the extent and for the duration that is reasonably required by the force majeure event; (c) use reasonable efforts to overcome or mitigate the effects of such occurrence; and (d) promptly resume performance of the affected obligation if and when such Party is able to do so. 10. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any Party whose signature appears thereon, and all of which shall together constitute one and the same instrument. 11. Termination. This Agreement shall terminate (a) if the Motion to Amend the Federal Consent Decree contemplated herein is either not filed with the Court by May 31, 2014 or is filed but denied by the Court; (b) if the Federal Consent Decree is not amended as contemplated herein by August 31, 2014; (c) if the State Special Order by Consent is not, by December 31, 2014, either(1) rescinded in its entirety or (2) amended to relieve the Localities of any obligation to develop, fund, and implement the Regional Wet Weather Management Plan; or (d) upon the written agreement of all Parties. If this Agreement is terminated for any reason, except upon the agreement of HRSD, then HRSD reserves the right to assert a force majeure under the Federal Consent Decree. 12. Not for Benefit of Third Parties. This Agreement and each and every provision hereof is for the exclusive benefit of the Parties and not for the benefit of any third party. 13. Binding Effect. This Agreement shall inure to the benefit of the Parties and shall, to the maximum extent permitted by law, be binding on the Parties and their successors and assigns. [REST OF PAGE INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their duly authorized officials as of the dates next to their respective signatures as shown below. -Th ' By: -AA .a. )35r -4-( [ J. ARandal l Wheeler P. oson City Manager Date: ct/Z(./i.1 Date: .2-a7- ao)y Locality: Ci t of Poquoson Locality: C:4-5 n.c CY1.es staseet.o By:/'h.'Gogt/MS . By: 4/14*- L. R,�,.,L John L. Rowe, Jr., City Manager Date: Ot/o?�lV Date: F-eb 24., 201¢ Locality: City Of Portsmouth - .12-_q;j1t2,4L7 City Manager Mary A. Bunting, By: Pe4e-M. S'tepinein Sor Date: 9 own MQrset- e-r Date: 02-/c14/24!"1,4 Locality: city of Hampton Localit,To con o-F Sµ7 thy,etd adopted the day ofFebruary,• 2014. _ _ By: . /a.�1��I�. - S Sete a Cuffee-Gle City Manager Byron B.ea y Isle of Wight County Date: 2-121 /14 Board of Supervisors Locality:City of Suffolk.Virginia By: 1* ?7.,,i, J"--� Date: a•ta.•1L1 By: 1114 . � , _ _ Date: a I a6 1,104 City a Locality. Ti3Mr-t ill r ('tur;ri Locality: City of Williamsburg Date 2.1HIILf By. k.. J I" B .-- ty Manager / aures O. McReynolds County Administrator Locality: City of Newport News Date: a - az-/-. .o.iAi Locality: County of York Date 4Z`/i 1 By _:*±547. By: - _ iii / General Manager C.'ty Man cr Locality: HRSD Date:_.3) 10 Ill r� Locality:_ ' {"y CirQ ��M 0:(.._, LIST OF SIGNATORIES CITY OF CHESAPEAKE GLOUCESTER COUNTY CITY OF HAMPTON ISLE OF WIGHT COUNTY JAMES CITY COUNTY CITY OF NEWPORT NEWS CITY OF NORFOLK CITY OF POQUOSON CITY OF PORTSMOUTH CITY OF SUFFOLK CITY OF VIRGINIA BEACH CITY OF WILLIAMSBURG YORK COUNTY TOWN OF SMITHFIELD HAMPTON ROADS SANITATION DISTRICT This listing of participants is followed by the signature page to be completed by each party. IN WITNESS WHEREOF, the Party has caused this Agreement to be executed by their duly authorized officials as shown below. . . Date: .2- 21- ao► y Locality: C;4.43 0.c Gheswpewtc e_ Date: .2 -27 -.26/11 AttesatatAitOlatitda., sprayed as s 'o 12 IN WITNESS WHEREOF, the Party has caused this Agreement to be executed by their duly authorized officials as shown below. By: I' / � Date: a5-0'10/Vli� Locality: //lL e Date: f(:_: �J I Attest: ; t. ,r iA 13 IN WITNESS WHEREOF, the Party has caused this Agreement to be executed by their duly authorized officials as shown below. By: Mary B. Bunting, City Manager Date: Locality: City of Hampton Date: Z q ,l Att: - . •01: Kat k r I ,uncne ;,�. ass CITY OF OFFICE OF THE CITY AT Clerk ofORNEY il Approved as to legal form and sufficiency Date:_ Jam.• �.��'`y'`�7-+��- Attorney 13 Approved by the Isle of Wight County Board of Supervisors at a regular meeting by motion duly adopted the afOlilday of February, 2014. fettAviesiets Byron B. Bailey, Chairma Isle of Wight County Board of Supervisors Attested: 4(17.06 6101nru Carey Mi s Storm,Clerk Approved as to form: j4// Mark C. Pop, 'ich, County Attorney IN WITNESS WHEREOF, the Party has caused this Agreement to be executed by their duly authorized officials as shown below. By: k Date: a 1076 fo -i- Locality yA M�t CIAYCrWNT I Date: / 6 IRO ‘f Attest )lit,UQ �P,r,F r)►d 13 IN WITNESS WHEREOF, the City of Newport News has caused this Agreement to be executed by their duly authorized official as shown below: Date: Z /�j i `#' By: AtIAL4., i .4 ity Manager Commonwealth of Virginia City of Newport News 'A 201 The foregoing instrument was acknowledged before me this au day of February by --}fie M. Qov,r•er , City Manager, on behalf of the City of Newport News. • ..,4 `i , Notary Pu lic I 10%-My,commission expires: AI'31-00/S/ ,� ,,,,.. egistration No: 02 9 9 S/S APPROVED AS TO FORM: ►�= ty City Attorney ATTEST: City Clerk 12 IN WITNESS WHEREOF, the Party has caused this Agreement to be executed by their duly authorized officials as shown below. • By: «.._A 'ty Man.•er Date: 3) I D H Locality: �' AiuY N, I L) �i Date: 3//1/ // Attest: City Clerk Contents Approved: 1 Director of Utili ie Foran &Correctness • .proved: City Attorney 13 IN WITNESS WHEREOF, the Party has caused this Agreement to be executed by their duly authorized officials as shown below. BY: t1 ' .u./ J. Randall Wheeler P. . oson City Manager Date: 07/2(p/j5 Locality: City of Poquoson Date: 2—*2-0 11.1 • Attes • e • ; , : , / / l 13 IN WITNESS WHEREOF, the Party has caused this Agreement to be executed by their duly authorized officials as shown below. By: 4?4 John L. Rowe, Jr. , City Manager Date: F Tg 2(, 2-OI4- Locality: City Of Portsmouth Date: Feb gio 9.014 114-'zk l�Attest: V IA) 141-4_ • 13 IN WITNESS WHEREOF, the Party has caused this Agreement to be executed by their duly authorized officials as shown below. By: _ r ♦. ! /�`1 Sele a Cuffee-Gle City Manager Date: 2. 127 /j4 Locality: City of Suffolk, Virginia Date: / Attest: / �— 13 IN WITNESS WHEREOF, the City of Virginia Beach has caused this Agreement to be executed by their duly authorized official as shown below. Date: D. • I a • }L.1 By: 11111(‘.. e�a�� City ani Commonwealth of Virginia & qt4-47-141." ?"-14-) City of Virginia Beach: The foregoing instrument was acknowledged before me this 'day of , 2014 by , on •.half of the City of Virginia Beach.. at.-6 di4-0 Notary Public My commission expires: Ia-3 1 - 14/- Sandy Mane Madison Commonwoalth of V rpinia Notary Public ) 1•- .': Commission No.7073053 My Commission Expires 12/31/2014 Approved as to Content: Approved as to Legal Sufficiency: iyije. /Le14/10/1) /21,74, (ibdikeig( Dept. of Public Utilities City Attorney's Office IN WITNESS WHEREOF, the Party has caused this Agreement to be executed by their duly authorized officials as shown below. By: Date: z- / 20/f4 Locality: It Date: Z/ty Y Attest., ,A,Y 13 IN WITNESS WHEREOF, the Party has caused this Agreement to be executed by their duly authorized officials as shown below. By) ` mes O. McReynolds County Administrator Date: - -010!!,r! Locality: County of York Date: a AO/y Attest: Lt/I a.-vet„yuc_e_ 13 IN WITNESS WHEREOF, the Party has caused this Agreement to be executed by their duly authorized officials as shown below. By:(--" ,-egZ ,L1-7-1— • -, = Pel{-e.,-- M . S t'erk a ve S ort . ' Date: 0 2.7c.,04/2,n H. '...,.,,,, Locality: own a-F Sµi iv F;e-L4 Date: .) -4.1M Attest:c�a�.�=1.1��-.0� 13 IN WITNESS WHEREOF, HRSD has caused this Agreement to be executed by their duly authorized official as shown below. Date: 1-1/2416014 By: 1/44/ 4/7r� G General Manager Commonwealth of Virginia City/County of + <.\-(,‘Q,, __4--, The foregoing instrument was acknowledged before me this ,'Y Lt 1day of February, 2014 by Ted Henifin, General Manager of HRSD, on behalf of HRSD. : i I i1 E 1J�t r IJoaryPublic .) My commission expires: �'�,,, ?;5, -,;� Jennifer Lynn Hellman Notaryonwealth PublicofVi �_ Commrginia �`s Reg.#361710 My Comm.Exp.08-31.2017 ATTACHMENT A List of Individuals to Receive Notices Pursuant to Paragraph D.6: Mr.James E. Baker Mr.John L. Rowe Jr. City Manager City Manager City of Chesapeake City of Portsmouth 306 Cedar Road, 6th Floor 801 Crawford Street Chesapeake,VA 23328 Portsmouth,VA 23704 Ms. Brenda G. Garton Ms. Selena Cuffee-Glenn County Administrator City Manager Gloucester County City of Suffolk 6467 Main Street PO Box 1858 Gloucester,VA 23061-0329 Suffolk,VA 23439 Ms. Mary Bunting Mr.James K. Spore City Manager City Manager City of Hampton City of Virginia Beach 22 Lincoln Street 2401 Courthouse Drive, Suite 243 Hampton,VA 23669 Virginia Beach,VA 23456 Ms.Anne Seward Mr.Jackson C.Tuttle II County Administrator City Manager Isle of Wight County City of Williamsburg 17090 Monument Crescent,Suite 138 401 Lafayette Street, Suite 202 Isle of Wight,VA 23397 Williamsburg,VA 23185 Mr. Douglas Powell Mr.James 0. McReynolds Interim County Administrator County Administrator James City County York County 101C Mounts Bay Rd 224 Ballard Street Williamsburg,VA 23187-8784 Yorktown,VA 23690 Mr.Jim Bourey Mr. Peter M. Stephenson AICP City Manager Town Manager City of Newport News Town of Smithfield 2400 Washington Avenue 315 Main Street Newport News,VA 23607 Smithfield,VA 23431 Mr. Marcus Jones Mr. Edward G. Henifin City Manager Hampton Roads Sanitation District City of Norfolk PO Box 5911 1101 City Hall Building Virginia Beach,VA 23471 810 Union Street Norfolk,VA 23510 Mr.J. Randall Wheeler City Manager City of Poquoson 500 City Hall Avenue Poquoson,VA 23662 54 Item—VII-I.3 ORDINANCES/RESOLUTIONS ITEM#68342 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, the SUBSTITUTE VERSION of the Resolution to SUPPORT Offshore Wind off the Coast of Virginia Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Abstaining: John D. Moss Council Members Absent: Shannon DS Kane August 7, 2018 Requested by Councilmember Uhrin, Mayor Jones, Vice Mayor Wood, and Councilmembers Abbott, Davenport, Dyer, Henley, and Wilson 1 A RESOLUTION SUPPORTING OFFSHORE WIND OFF 2 THE COAST OF VIRGINIA 3 4 WHEREAS, development of offshore wind off the coast of Virginia has been 5 pursued for a number of years; and 6 WHEREAS, Virginia Beach has been a leader in this pursuit through appropriating 7 funds to investigate the utilization of the Chesapeake Light Tower as a MET tower(a wind 8 measuring tower or meteorological evaluation tower) and working extensively with the 9 United States Navy and the Federal Aviation Administration on radar interference issues, 10 and having City staff deeply involved in the Virginia Offshore Wind Development Authority 11 (VOWDA) to assist in development of offshore wind; and 12 13 WHEREAS, Dominion Power, which was awarded the lease for the area 14 approximately 25 miles off the coast of Virginia Beach, has now partnered with Orsted 15 A/S, formally Danish Oil and Natural Gas; and 16 17 WHEREAS, Q rsted and Dominion are anticipated to have two demonstration 18 turbines generating 6 MW each producing electricity in 2020; and 19 WHEREAS, these two test turbines will be the key for large-scale development of 20 offshore wind off the coast of Virginia Beach; and 21 22 WHEREAS, the General Assembly enacted legislation in 2018 requiring 5000 MW 23 of renewable energy to be constructed in the near term, 5 acres is needed for 1 MW of 24 solar energy, and thousands of megawatts could be produced by wind turbines in the 25 area offshore Virginia Beach; and 26 WHEREAS, Virginia Beach has a robust electrical grid that can receive and 27 transmit this offshore wind electric energy; and 28 29 WHEREAS, Virginia Beach has become the landing point for multiple transoceanic 30 high-speed data cables, and these cables will likely lead to the construction of server 31 farms in the City which require large amounts of electricity, and most of the companies 32 operating server farms want to use renewable energy as a source of electricity; and 33 WHEREAS, the development of wind energy off the coast of Virginia could mean 34 that Hampton Roads specifically and Virginia generally could become a hub for the wind 35 energy industry in the mid-Atlantic, which could lead to thousands of high paying jobs and 36 terrifically diversify the economies of Virginia Beach, Hampton Roads, and Virginia. 37 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 That the City Council is committed to the creation of an offshore wind energy 40 industry off the coast of Virginia. 41 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 42 BEACH, VIRGINIA: 43 That the City Council requests that all state agencies, especially the State 44 Corporation Commission, take whatever steps are necessary in the very near term to 45 accelerate the creation of this new industry so as to provide clean renewable energy and 46 diversify the economy of Virginia. Adopted by the Council of the City of Virginia Beach, Virginia this th day of August , 2018. APPROVED AS TO LEGAL SUFFICIENCY: Deputy City Attorney Roderick R. Ingram CA14487/ALT-2/August 7, 2018 • p f) lA BACK oma` V �` 7 U o ity of Virginia 13each 5: n 4:4 ilv 4.aF_09R NIRS VVr`I VBgov.com August 7, 2018 JOHN MOSS COUNCILMAN-AT-LARGE PHONE: p57) MOSSIOHNO COX.NET In Reply Refer to 0063470 Mrs.Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act,I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance to authorize the relocation of a 25 foot portion of an existing Dominion Energy easement along Landstown Road by declaring excess and granting a 25 foot Dominion Energy easement on the far eastern side of the remaining 120 foot existing easement for the Landstown Road Improvement Project(CIP 2-050). 2. I have a personal interest in Dominion Energy. Its corporate street address is 120 Tredegar Street,Richmond, Virginia 23219. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. S'ncerely, ,/ fi { /John b. Moss �Councilmember JDM/RRI 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 55 Item -VII-L4 ORDINANCES/RESOLUTIONS ITEM#68343 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Resolution to AMEND the Membership of the Transition Area/Interfacility Traffic Area Citizens'Advisory Committee(ITA) Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 1 A RESOLUTION REGARDING THE MEMBERSHIP OF 2 THE CITY'S TRANSITION AREA/INTERFACILITY TRAFFIC 3 AREA CITIZENS' ADVISORY COMMITTEE 4 5 WHEREAS, in 2013, the City Council by resolution established the City's 6 Transition Area/Interfacility Traffic Area Citizens' Advisory Committee to serve as a 7 liaison between the residents and businesses of the Transition Area and ITA and the 8 City Council; 9 10 WHEREAS, the 2013 resolution provided that the committee shall be comprised 11 of thirteen (13) persons, of whom two (2) shall be ex officio members appointed by 12 virtue of their office as the City Councilmember and Planning Commission member, 13 respectively, representing the Princess Anne District; one (1) shall be a military or 14 civilian representative of the United States Navy serving at Naval Air Station Oceana; 15 one (1) shall be a representative the Virginia Beach Development Authority; and the 16 remaining members shall be appointed from among the residents or business owners of 17 the City who have an interest in land use and related issues pertaining to the Transition 18 Area and ITA; and 19 20 WHEREAS, the membership slot for a representative of the United States Navy 21 serving at Naval Air Station Oceana is vacant, and the Navy has advised the City that 22 their interests are adequately covered by their restrictive easements, the zoning/Joint 23 City-Navy Review Process Group (JRP), and their participation in various master 24 planning processes; 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRIGNIA BEACH, VIRGINIA: 28 29 That the Transition Area/Interfacility Traffic Area Citizens' Advisory Committee 30 shall be comprised of twelve (12) persons, of whom two (2) shall be ex officio members 31 appointed by virtue of their office as the City Councilmember and Planning Commission 32 member, respectively, representing the Princess Anne District; one (1) shall be a 33 representative the Virginia Beach Development Authority; and the remaining members 34 shall be appointed from among the residents or business owners of the City who have 35 an interest in land use and related issues pertaining to the Transition Area and ITA. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of 38 August , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ' ity C eAman Barnes Deputy City Attorney oderick Ingram CA14326 R-1 July 31, 2018 2 56 Item -VII-LS ORDINANCES/RESOLUTIONS ITEM#68344 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Resolution to AMEND the Membership of the Oceana Land Use Conformity Committee (OL UCC) Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 1 A RESOLUTION REGARDING THE MEMBERSHIP OF THE 2 OCEANA LAND USE CONFORMITY COMMITTEE 3 4 WHEREAS, on December 20, 2005, the City Council adopted Ordinance 2914 K, 5 entitled "An Ordinance Adopting the City's Plan for Compliance with the Base 6 Realignment and Closure (BRAC) Commission's Decision Regarding Naval Air Station 7 Oceana" as well as other related ordinances including the adoption of the APZ-1 8 Ordinance, which was later amended to include the Clear Zones, and the APZ-1/Clear 9 Zone Use and Acquisition Plan; 10 11 WHEREAS, on March 28, 2006, the City Council adopted Ordinance 2934C, which 12 established the Oceana Land Use Conformity Committee ("OLUCC") to make 13 recommendations to the City Council, the Virginia Beach Development Authority and the 14 Planning Commission; 15 16 WHEREAS, the 2006 ordinance provided that OLUCC be comprised of nine voting 17 and one non-voting member, with the voting members consisting of two members of the 18 City Council, two members of the Development Authority, the City Manager, the City 19 Attorney and the Chief Development Officer, and one owner of residential property in 20 APZ-1 and one owner of commercial property in APZ-1, and the non-voting member being 21 a designee of the United States Navy; and 22 23 WHEREAS, the City Council desires to amend OLUCC's membership; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 28 (1) That the membership of the Oceana Land Use Conformity Committee shall 29 consist of eleven voting members and one non-voting member. Voting members shall 30 consist of the Mayor, the Vice Mayor, and one additional member of the City Council, two 31 members of the Development Authority consisting of the Chair of the Development 32 Authority and one other member, the City Manager, the City Attorney, the Deputy City 33 Manager for Economic Vitality, two owners of residential property in APZ-1, and one 34 owner of commercial property in APZ-1 . The non-voting member shall be a designee of 35 the United States Navy. 36 37 (2) The terms of the unspecified member of the City Council, the non-chair 38 member of the Development Authority, and the residential and commercial property 39 owners in APZ-1 shall be five (5) years but shall be renewable by the City Council at the 40 expiration of each term. 41 42 Adopted by the City Council of the City of Virginia Beach, Virginia on the 7 t h 43 day August , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ra� ity Clerk City Attorney CA14499 R-2 July 31, 2018 2 57 Item -VH-L6 ORDINANCES/RESOLUTIONS ITEM#68345 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Sections 2-455 and 2-456 re name and functions of the Department of Aquarium,Historic Houses and Museums Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 1 AN ORDINANCE TO AMEND SECTIONS 2- 2 455 AND 2-456 OF THE CITY CODE 3 PERTAINING TO THE DEPARTMENT OF 4 AQUARIUM, HISTORIC HOUSES AND 5 MUSEUMS 6 7 SECTION AMENDED: §§ 2-455 and 2-456 8 9 10 That Sections 2-455 and 2-456 of the Code of the City of Virginia Beach, Virginia, 11 are hereby amended and ordained to read as follows: 12 13 ARTICLE XXIV. - DEPARTMENT OF AQUARIUM, HISTORIC HOUSES, AND 14 MUSEUMS 15 Sec. 2-455. - Created; composition. 16 There is hereby created a department to be designated the department of 17 aquarium, historic houses, and museums, which shall consist of a director of the 18 department, and such other employees as may be prescribed by the Charter, or by 19 ordinance, or by direction of the city manager. 20 Sec. 2-456. - Functions. 21 The department of aquarium, historic houses, and museums shall be responsible 22 for administering and coordinating the activities and functions of the Virginia Aquarium & 23 Marine Science Center and the four history museums owned and operated by the city: 24 the Francis Land House, Thoroughgood House, Lynnhaven House, and the Princess 25 Anne County Training School/Union Kempsville High School Museum. The department 26 shall also be responsible for the provision of such other services as may be directed by 27 the council or the city manager. 28 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 7th 29 day of August , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: DGL rtment of A uarium, Historic City Attorney's Office Houses and Museums CA 14489 R-1 July 24, 2018 58 Item -VII-I.7 ORDINANCES/RESOLUTIONS ITEM#68346 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to GRANT a Franchise Agreement re Open Air Café in the Resort Area to Fish Bones at 1211 Atlantic Avenue Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 1 AN ORDINANCE GRANTING A FRANCHISE 2 AGREEMENT FOR AN OPEN AIR CAFE IN 3 THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Café Regulations, which have been amended 7 from time to time, for the operation of open air cafés on public property; and 8 9 WHEREAS, the City Council has traditionally granted initial franchises for one- 10 year terms; and 11 12 WHEREAS, if an open air café is successfully operated during the initial one- 13 year term, the franchisee may return to Council and request a five-year franchise 14 agreement; and 15 16 WHEREAS, Fish N Bones, Inc. t/a Fish Bones, is seeking a one-year franchise 17 agreement for operation of a Boardwalk Café at 1211 Atlantic Avenue; and 18 19 WHEREAS, the Convention & Visitors Bureau/Resort Management recommends 20 that the above-named entity be granted an open air café franchise agreement. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH: 24 25 That the City Council hereby grants Fish N Bones, Inc. t/a Fish Bones, a one- 26 year franchise agreement for operation of a Boardwalk Café at 1211 Atlantic Avenue. Adopted by the City Council of Virginia Beach, Virginia on this 7th day of August 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 7/4 ' Mike Eason Aimee Sullivan Convention and Visitors Bureau/ City Attorney's Office Resort Management CA14485 R-2 July 18, 2018 59 Item -VII-L8 ORDINANCES/RESOLUTIONS ITEM#68347 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the relocation of a 25'portion of an existing Dominion Energy Easement along Landstown Road by declaring excess and granting a 25'Dominion Energy Easement on the far Eastern Side of the remaining 120'existing Easement re Landstown Road Improvement Project Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Abstaining: John D. Moss Council Members Absent: Shannon DS Kane August 7, 2018 1 AN ORDINANCE TO AUTHORIZE THE 2 RELOCATION OF A 25' PORTION OF AN 3 EXISTING DOMINION ENERGY EASEMENT 4 ALONG LANDSTOWN ROAD BY 5 DECLARING EXCESS AND GRANTING A 25' 6 DOMINION ENERGY EASEMENT ON THE 7 FAR EASTERN SIDE OF THE REMAINING 8 120' EXISTING EASEMENT FOR THE 9 LANDSTOWN ROAD IMPROVEMENT 10 PROJECT (CIP 2-050) 11 12 WHEREAS, the City of Virginia Beach is constructing the Landstown Road 13 Improvement Project, CIP 2-050 (the "Project") in order to widen Landstown Road to a 14 four-lane undivided roadway. Only City-owned property will be affected by the Project; 15 16 WHEREAS, the City owns property located at 2068 Landstown Centre Way 17 (GPIN: 1484-86-9245), 2020 Landstown Centre Way (GPIN: 1484-97-5796), and a 18 vacant parcel on Landstown Road identified as GPIN: 1484-87-1971 (collectively, the 19 "City Property"). There is a 120' Dominion Energy ("Dominion") easement 20 (transmission line) on the City Property on the east side of Landstown Road eastward 21 starting at the edge of pavement (the "Existing Dominion Easement"). The Project 22 requires that 25' of the Existing Dominion Easement be vacated in order to 23 accommodate the Project; 24 25 WHEREAS, Dominion will not allow a roadway to be built within the area of its 26 easement, so the City and Dominion agreed to shift the Existing Dominion Easement to 27 the east 25' to allow the new roadway to be constructed; 28 29 WHEREAS, Dominion has agreed to vacate the 25' portion of the Existing 30 Dominion Easement (from edge of pavement of Landstown Road) in exchange for a 31 new 25' Dominion easement to be placed on the far eastern side of the remaining 32 Existing Dominion Easement (the "New Dominion Easement"); 33 34 WHEREAS, the impact to the City Property by granting the new 25' easement 35 will limit the use within the New Dominion Easement to those items currently allowed in 36 the Existing Dominion Easement and subject to Dominion's review and approval; 37 38 WHEREAS, the City has determined that the relocation of 25' of the Existing 39 Dominion Easement to the New Dominion Easement location would further the City's 40 goals associated with the Project; 41 42 WHEREAS, the City Council is of the opinion that the portion of the City Property 43 encompassed by the New Dominion Easement is in excess of the needs of the City of 44 Virginia Beach; and 45 WHEREAS, the City Council finds that it is in the best interest of the City to 46 request that Dominion vacate 25' of the Existing Dominion Easement on City Property 47 and convey the New Dominion Easement to Dominion. 48 49 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 50 VIRGINIA: 51 52 1. That the City Council authorizes requesting Dominion to vacate 25' of the 53 Existing Dominion Easement in exchange for the granting of the New Dominion 54 Easement from the City of Virginia Beach to Dominion Energy.; 55 56 2. That the New Dominion Easement is hereby declared excess of the needs 57 of the City of Virginia Beach and may be conveyed to Dominion Energy; and 58 59 3. That the City Manager or his designee is authorized to execute all 60 documents that may be necessary or appropriate in connection with the actions stated 61 above, and including such terms and conditions as may be acceptable to the City 62 Manager and in a form deemed satisfactory by the City Attorney. 63 64 This ordinance shall be effective from the date of its adoption. 65 66 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 th day 67 of August , 2018. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. 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I am executing this written disclosure regarding City Council's discussion and vote on an ordinance to authorize the relocation of a 25 foot portion of an existing Dominion Energy easement along Landstown Road by declaring excess and granting a 25 foot Dominion Energy easement on the far eastern side of the remaining 120 foot existing easement for the Landstown Road Improvement Project(CIP 2-050). 2. I have a personal interest in Dominion Energy. Its corporate street address is 120 Tredegar Street, Richmond, Virginia 23219. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. S'n ely, .111/1 JJohn D. Moss Councilmember JDM/RR1 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 60 Item -VH-L9 ORDINANCES/RESOLUTIONS ITEM#68348 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE and ACCEPT the dedication of property and easement re Buccaneer Road Bulkhead Replacement Project Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 1 AN ORDINANCE TO AUTHORIZE THE 2 ACCEPTANCE OF A DEDICATION OF PROPERTY 3 AND AN EASEMENT FROM PAUL A. GALLOWAY 4 FOR THE CITY'S BUCCANEER ROAD BULKHEAD 5 REPLACEMENT PROJECT 6 7 WHEREAS, the Buccaneer Road Bulkhead Replacement Project (CIP 2-130) 8 was established to replace the existing, and failing, aluminum bulkhead adjacent to 9 Buccaneer Road in Lynnhaven Colony (the "Project"); 10 11 WHEREAS, as part of the Project, the City will need to install a steel sheet pile 12 system which will encroach into the bottomlands of the canal adjacent to Buccaneer 13 Road; 14 15 WHEREAS, Paul A. Galloway, the current owner of the canal, has agreed to 16 dedicate to the City approximately 3,375 sq. ft. (0.077 ac.) of the canal bottomland and 17 a 20,580 sq. ft. (0.472 ac.) maintenance easement located along the length of the 18 bulkhead for future maintenance of the bulkhead (collectively, the "Property"), as shown 19 on the plat attached hereto as Exhibit A; 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1. That the City Council authorizes the acceptance of the dedication of the 25 Property from Paul A. Galloway to the City of Virginia Beach. 26 27 2. That the City Manager, or his designee, is further authorized to execute all 28 documents that may be necessary or appropriate in connection with accepting the 29 dedication of the Property, and including such terms, conditions or modifications as may 30 be acceptable to the City Manager and in a form deemed satisfactory by the City 31 Attorney. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day 34 of August , 2018. APP'OVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM Imo' w i(%U4 0-144147if;dA, PUBLI r ORKS, REAL ESTATE CITY ATTORNEY CA14 6 becs corn I`applications\citylaw\cycom32\wpdocs\d020\p028\00491235.doc R-1 7/26/18 IL U o z s 0 k, (i) Vk Q 1 hr U oh O'' m J W , ZWUjN Z 133HS 3Nn H31101 0¢V� 5 (�, "'�o 7 ••'. 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V N 01 N r a N O; N N N PI W N N N0 N N a, N I Q9 N m H 2 N I 0) N N N C co N p^ a 1 U, Z N_ 3 V1 ch N N a. y N C N co W N N v A CG co ti ~ P o W a `'r? nZ N a'C, o \ I"' " T y Ob b 1 Q n M N w M E 01 - o m _ a G Q A L W E N 0 EL 2 • d p. o d B ea Os en On N J N N 61 Item -VII-I.10 ORDINANCES/RESOLUTIONS ITEM#68349 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE and ACCEPT the dedication of 10 square feet of property located at the intersection of Indian River Road and Lifetime Circle re Right-of-Way purposes Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 1 AN ORDINANCE TO AUTHORIZE THE ACCEPTANCE OF 2 A DEDICATION FROM JESSE W. THOMPSON, JR., 3 JACQUELINE STANDFORD AND BARBARA THOMPSON 4 ROGISTER OF 10 SQ. FT. OF PROPERTY LOCATED AT 5 THE INTERSECTION OF INDIAN RIVER ROAD AND 6 LIFETIME CIRCLE FOR RIGHT-OF-WAY PURPOSES 7 8 WHEREAS, Jesse W. Thompson, Jr., Jacqueline Standford and Barbara 9 Thompson Rogister (collectively, "Thompson") own a parcel of land located at 3918 10 Indian River Road (GPIN: 1474-72-1526) (the "Thompson Property"); 11 12 WHEREAS, the City of Virginia Beach (the "City") owns property located at 2525 13 & 2533 Lifetime Circle (GPINs: 1474-62-6890 & 1474-62-7464) (the "City Property"), 14 which is adjacent to the Thompson's Property; 15 . 16 WHEREAS, in 2012, during construction of the right-of-way known as Lifetime 17 Circle, a portion of the curbing and guttering was inadvertently built so that it 18 encroaches 10 sq. ft. onto the Thompson Property; and 19 20 WHEREAS, Thompson has agreed to dedicate a 10 sq. ft. section of the 21 Thompson Property to the City to correct the said encroachment, as shown on the plat 22 attached hereto as Exhibit A. 23 24 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 25 VIRGINIA: 26 27 1. That the City Council authorizes the acceptance of the dedication of a 10 28 sq. ft. section of the Thompson Property by Thompson, Jr., Jacqueline Standford and 29 Barbara Thompson Rogister to the City of Virginia Beach, as shown on Exhibit A 30 attached hereto and made a part hereof. 31 32 2. That the City Manager, or his designee, is further authorized to execute all 33 documents that may be necessary or appropriate in connection with accepting the 34 dedication of the right-of-way, and including such terms, conditions and modifications as 35 may be acceptable to the City Manager and in a form deemed satisfactory by the City 36 Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day 39 of August , 2018. APPROVED AS TO CONTENT APPROVED AS TO LEGAL // SUFFICIENCY AND FORM o Zaaft QA alkithV "'i:LIC • "KS, REAL ESTATE CITY ATTORNEY CA14387 \\vbgov.com\DFS 1\Applications\CityLawProd\cycom32\W pdocs\D011\P015\00040813.DOC R-1 July 26, 2018 r EXHIBIT A 44,14.'"\,._ itk.p.t\i‘ tis , INDIAN RIVER ROAD (VARIABLE WIDTH R/W) (111.. 244, Ac. !O) N :442890.24 551'09'53T E 12176895.89\ 55' N39'30'341 .55770394.665'' 3.62' 3!14. 1935'031011V 6.49' ` -VARIABLE WIDTH N RIGHT-0E-WAY c4 I EREBY DEDICATED '$ TO CRY OF • (HATCHm AR JESSE W, THOMPSON, JR, XJACQUELINE STANFORD & BARBARA THoMPSON ROGISTER b 'is W.B. 107, PG. 216 GPIN NO. 1474-72-1526 J _� k ��• W LL. J NOW OR faraERLY JESZ W. 11fOliPS04 !C ET AL OaJ37, PaNO W. 107, P6 215 fi'W N0. 1474-62-86177 20 10 0 20 40 I scale feet EXHIBIT 'A' ` �, SHOWING VARIABLE WIDTH RIGHT-OF-WAY DEDICATION ED BY -c JESSE WHOM SON, JR.,00 PROPERTY ACQUELINE STANFORD c & BARBARA THOMPSON ROGISTER c l 'ii 'ire`i' (W.B. 107,PG. 215) Lia Na 002594 VIRGINIA tom. VIRGINIA e?•?a•1B 't HOWARD 1 ME ASSOCIATES,re. 021,E - z� SUR Enggineers•Surve ors•Planners ,' ��. 801 l;OR1G�fTRE PARKWAY, 3 (757)484-9670 . '7�•'N: I Portsmouth, Virginia 23704 •, iwer n .� - W fX w Z W 0all' 0 w O ' Z C H Q .• 0 p 5 1 Gei2aN� . g a O Q 4 aQ W Z 0 cew Q 2p0 = W7 Z O 00E- > ti fid, I- 00 0 �!� �� VaQHm � � N Q 6� N , 0 � � zZ o "Co`� Ti % .N// J a 5. m L6 p a y liWp � o co N Z M N W W a k N ' p W�P Z Z�P ~aPIX ® co , , , # ,,k, 440 ,, 0 7 ;fib" 00,„ 4,41or , , \e,,,,, 0 41 I 14 0, 00N CO O 3 fC N 7 03 O1 N U / 1 ,J m _ 1r a I w 0 .. - d `c a yco El -fi c.J a a) a` 62 Item -VII-I.11 ORDINANCES/RESOLUTIONS ITEM#68350 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE EXCESS City Property at 236 Middle Lane and AUTHORIZE the City Manager to sell to Chad A. and Jennifer L. Ewell Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 1 2 AN ORDINANCE DECLARING THE PROPERTY 3 LOCATED AT 236 MIDDLE LANE (GPIN 2417-05- 4 1408) TO BE IN EXCESS OF THE CITY'S NEEDS 5 AND AUTHORIZING THE CITY MANAGER TO SELL 6 TO CHAD A. EWELL AND JENNIFER L. EWELL 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 9 certain 12,390 +/- sq. ft. parcel of land located at 236 Middle Lane (the "Property") 10 more particularly described on Exhibit "A" attached hereto and made a part hereof; 11 12 WHEREAS, the City acquired the Property pursuant to the APZ-1 13 Acquisition Program; 14 15 WHEREAS, the City funded the acquisition of the Property through a 16 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 17 contributing fifty percent (50%) of the funds; 18 19 WHEREAS, the Property is in the midst of other residences and at the 20 time of acquisition was improved with a single-family dwelling unit that has since been 21 demolished; 22 23 WHEREAS, Chad A. Ewell and Jennifer L. Ewell (the "Ewells") own the 24 adjacent property at 244 Middle Lane and have requested to purchase the Property in 25 order to utilize it in a manner compatible with the Ordinance; 26 27 WHEREAS, the Ewells desire to purchase the Property in accordance with 28 the Summary of Terms attached hereto as Exhibit "B" and made a part hereof (the 29 "Summary of Terms"); 30 31 WHEREAS, the APZ-1 Disposition Committee has recommended that 32 City Council declare the Property to be in excess of the City's needs and sell the 33 Property to the Ewells; and 34 35 WHEREAS, the City Council is of the opinion that the Property is in 36 excess of the needs of the City of Virginia Beach. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 39 OF VIRGINIA BEACH, VIRGINIA: 40 41 That the Property located at 236 Middle Lane is hereby declared to be in 42 excess of the needs of the City of Virginia Beach and that the City Manager is hereby 43 authorized to execute any documents necessary to convey the Property to Chad A. 44 Ewell and Jennifer L. Ewell in accordance with the Summary of Terms and such other 45 terms, conditions or modifications as may be acceptable to the City Manager and in a 46 form deemed satisfactory by the City Attorney. 47 48 Further, that revenue from the sale of the Property in the amount of 49 $12,390 shall be received and fifty percent (50%) of the amount will be deposited for 50 appropriation in future Capital Improvement Program capital budgets in Capital 51 Improvement Project #9-059, Oceana and Interfacility Traffic Area Conformity and 52 Acquisition II, and fifty percent (50%) will be deposited for future payment by the City 53 Manager to refund the Commonwealth's portion in accordance with the grant 54 agreement. 55 56 This Ordinance shall be effective from the date of its adoption. 57 58 Adopted by the Council of the City of Virginia Beach, Virginia, on the 59 7th day of August , 2018. CA14386 R-1 6/12/18 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d005\p028\00478380.doc •V D AS T' i I NTENT APPROVED AS TO CONTENT 0 A 6. FP' .._4 Aa ifiMMAIFAIIMI i ublic orks Budget & Manage'ent Services APPROVED AS TO LEGAL SUFFICIENCY Cit Attorney's Office EXHIBIT "A" GPIN: 2417-05-1408 (236 Middle Lane) ALL THOSE certain lots, pieces and parcels of land with the buildings and improvements thereon, known as 236 Middle Lane, located in the City of Virginia Beach, Virginia, and known, numbered and designated as Lots Fifteen (15) and Sixteen (16) of the Plat of Hillcrest, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 13 at page 8, and being a subdivision of parts of Plots Sixteen (16) and Eighteen (18) of the original plat of Oceana Gardens, the said lots Fifteen (15) and Sixteen (16) front fifty (50) feet each on the East side of Middle Lane and run back between parallel lines one hundred twenty-five and ninety-one hundredths (125.90) feet. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Daniel K. Bolinaga, by deed dated May 14, 2015, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20150605000517930. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 236 MIDDLE LANE Seller: City of Virginia Beach Buyers: Chad A. Ewell and Jennifer L. Ewell Property: 236 Middle Lane (GPIN: 2417-05-1408), consisting of approximately 12,390 square feet Legal Description: See Exhibit "A" to Ordinance Sale Price: $12,390 CONDITIONS OF SALE: • Property is purchased "As is, Where is." • Buyers have been advised of APZ-1 restrictions for use. • Buyers may use the Property for accessory structures, or Buyers may otherwise utilize the Property for construction in conjunction with their adjacent property upon resubdivision to remove interior lot lines; however, Buyers may not add any new dwelling units. • Seller shall resubdivide the Property with the Buyers' adjacent property at the Seller's expense to vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Closing shall be on or before December 31, 2019. u Tom— - co o _ T t j o 7i— an �i Jixi z r , 1-1 U w o ui:. � W 1 1 �i Vnvkl PLW N1_110�S BART— _ W - © LTL Q � ZZ � LL CD 2 5HWJI o ID Z LLJ Z W Q J CD 1 U) d Z Q 0 LI Q H - a � –1 71, LT LIo Z � - �_ . Ua -1 Z IL;) N Q Q WM _ cuN < w W chs; CO >- oJzZLo } et co WJ p I-WOJWWV W Cl- e- e- o v W• WQ '-- LI LUQ x L a LLQ N 0. N U -� a. L oz � a X z Z � Z QZ � _ — oo W U = WTrn. acs , I , 0 I - Li L._ Lm - Elt i ri UJ I N1�31GQIW cc 1 z� � l 1 ,- o o z O m z ,rZ w z v� X 0 Y CO O 2 w cc Z Q W c CN L C I i � a. NIm . �1j SIRDNECKRDS ° -a -a • C ch,„, 'N RI ti C d. o I d Al w c Z > G 0 CO N- 'S a �EPNPB`vD v o C.N0 = Cr' E n. 1 iO r N LL . op o o Q. N is,, ,i,,, .ARD d N- N- N L .y Li. Ftp ` N> W Li 1 ti .0 .. O OW = U N N , Z a A% , DUdJI 63 Item -VII-I.12 ORDINANCES/RESOLUTIONS ITEM#68351 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to APPROVE the sale of School Board property re Princess Anne Road VII Project and ALLOW the School Board to retain the sale proceeds Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 1 AN ORDINANCE APPROVING THE SALE OF 2 SCHOOL BOARD PROPERTY FOR THE 3 CITY'S PRINCESS ANNE ROAD PHASE VII 4 PROJECT AND ALLOWING THE SCHOOL 5 BOARD TO RETAIN THE SALE PROCEEDS 6 7 8 WHEREAS, the City of Virginia Beach (the "City") has proposed to purchase from 9 the School Board of the City of Virginia Beach (the "School Board") certain real property 10 comprised of a 6,225 sq. ft. portion of GPIN 2414-13-3361 for right-of-way purposes, a 11 1,276 sq. ft. temporary construction easement and a 1,687 sq. ft permanent utility 12 easement(the "Property"). The Property shall be used for the City's Princess Anne Road 13 Phase VII Project; 14 15 WHEREAS, Virginia Code §22.1-129 allows a school board to sell real property for 16 which the school board has no future use and to retain the proceeds of such sale upon 17 approval of the local governing body, after the school board has held a public hearing on 18 such sale and retention of proceeds; 19 20 WHEREAS,the School Board held a public hearing on June 26, 2018 to take public 21 comment on the proposed sale of the Property to the City and retention of the proceeds 22 therefrom; and 23 24 WHEREAS, the School Board adopted a Resolution on June 26, 2018 finding no 25 further use for the Property, determining that the Property may be sold, agreeing to sell the 26 Property to the City, and intending to retain the proceeds of the sale. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 1. That the sale of the Property as shown on Exhibit A, attached hereto and 32 made a part hereof, from the School Board to the City is hereby approved; and 33 34 2. That the School Board may retain all of the proceeds of the sale, in 35 accordance with the provisions of Virginia Code §22.1-129. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day 38 ofAugust , 2018. AP' -OVED AS TO Co i.TENT: APPROVED AS TO LEGAL / SUFFICIENCY: /�! , El, lic i•rks Real state City Attorney CA14397 R-1 July 20, 2018 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d029\p027\00485328.doc 2 — U C) y w o W m O C M i m U fc Umu NQ QRNC5'PNN-RO OC NM .........:':-..„... ill O'3 N € rQ ao wr ie v CD C m of C N t- N O E II 4 E N N , N S f6 y ; F�Wa 4 .: I p 0 N y O Y O Z _O N N �'\ r m 22 n.m. m a w ui + a o Q N N U r V E f it m m N 01 it 6. - N o *R d LU d co _Il N O` - W O �� UW C CN jNIN aLL-C Q N �� ZO0 NII N A2Em mi U N vva -- r-'Ia O r my O O O Q LI-ID N d E m 1 N C il I- 4 W "°‘;`€:7+� O a E r -Ar- ... O N e o 0 / i • . / ..._.-y- 1° E >.`0 w 4' ea ! ct Ug �d a0C0 CI-2 ,/' . -4,7 N_ 411. at � ` .. tom -- :, + m- LL K • ,if,' Y OLr,N w n U 414* 410 S>� Vit'w.: l Y o ,- f E 1 N N >m m C O °,, YaO O d 1u a,< ND Om W cE(7 Nad QING s � c� LL W ZN Fm0MB c m=Z CO C) 0 V. 4r F o �2 �Fh llr= �'a coLi-CO ir �Ov C9� d E 6 0 zz $ . . . N trA.;,�' VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Beverly M. Anderson, Chair Joel A. McDonald, Vice Chair At-Large District 3- Rose Hall Daniel D. Edwards Sharon R. Felton Dorothy M. Holtz District 2 - Kernpsville District 6— Beach At-Large Victoria C. Manning Ashley K. McLeod Kimberly A. Melnyk At-Large At-Large District 7 - Princess Anne Trenace B. Riggs Carolyn T. Rye Carolyn D. Weems District 1 - Centerville District 5- Lynnhaven District 4 - Bayside Aaron C. Spence, Ed.D.,Superintendent RESOLUTION REGARDING THE SALE OF SCHOOL BOARD PROPERTY FOR THE CITY'S PRINCESS ANNE ROAD PHASE VII PROJECT WHEREAS,the City of Virginia Beach('City)has identified the need to purchase certain School Board property located on the Three Oaks Elementary School site and identified as a portion of parcel GPIN 2414-13-3361 ('School Board Property) for the City's Princess Anne Road Phase VII Project. CIP 2-195(the"Project): WHEREAS,the Project will provide a four-lane divided roadway within a 143-foot right-of-way with a bike path.from General Booth Boulevard to Fisher Arch a distance of approximately 1.25 miles: WHEREAS,the City has proposed purchasing the School Board Property in order to complete the Project which will further include improvements at the intersections of General Booth Boulevard.Elson Green Avenue. and Upton Drive/Sandbridge Road. as well as aesthetic upgrades; WHEREAS the City's acquisition of the School Board property will enable the City to enhance this roadway corridor,increase property values. and provide an overall benefit to the citizens of Virginia Beach; WHEREAS,Virginia Code§22.1.129 allows the School Board to sell real property that it determines it has no future use for and the School Board has held a public hearing on June 26. 2018 to take public comment on the proposed sale of property to the City and retention of the proceeds therefrom and WHEREAS due to the de minimus impact the conveyance of the School Board property will have on the Three Oaks Elementary School site, and the expected benefits that will be derived from this Project for the citizens of Virginia Beach,the School Board is of the opinion that sale of the School Board property would be a benefit to all parties NOW THEREFORE BE IT RESOLVED that: I In accordance with Virginia Code§22.1-129,the School Board finds that.due to the strategic location of the parcel identified as GPIN 2414-13-3361 and the fact that the benefits of this conveyance are greater than the detriment to the remainder of the School Board property.the School Board finds that it does not have further use for such real property and determines that it may be sold 2. The School Board agrees to accept the total appraised value of$33.153.00 as payment in full for conveyance of the following to the City a)a 6.225 sq.ft. (0.1429 acre)portion of GPIN 2414-13-3361 located at 2201 Elson Green Avenue;b)a temporary construction easement of 1,276 sq.ft (0.0293 acre).and c)a permanent utility easement of 1.687 sq.ft.(0.0387 acre). The permanent utility easement is intended for use by Verizon South, Inc,Dominion Energy. Cox Communications and Virginia Natural Gas. 3 Additionally,the School Board authorizes the Chair or her designee to execute any and all documents desired and necessary to complete the above-referenced transaction and to take all actions necessary to have these funds retained by the School Board Adopted by the School Board of the City of Virginia Beach this 26m day of June 2018 AiAkhr JA1Ade Beverly M.Anderson, School Board Chair ATTEST: Dianne P. Alexander Clerk of the Board I 2512 George Mason Drive i PO Box 6038 I Virginia Beach.Virginia 23456-0038 www.vb choot corn 64 Item -VII-I.13a ORDINANCES/RESOLUTIONS ITEM#68352 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance re Lynnhaven River Basin Ecosystem Restoration Project: a. ESTABLISH CIP Project 7-059 and TRANSFER$3-Million from Water Quality and Restoration Participation Projects II and Lynnhaven River Watershed II CIP Projects Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 1 AN ORDINANCE TO CREATE STORMWATER CIP 2 PROJECT 7-059 LYNNHAVEN RIVER BASIN ECOSYSTEM 3 RESTORATION PROJECT AND TO TRANSFER$3 MILLION 4 FROM CIP 7-043 WATER QUALITY AND RESTORATION 5 PARTICIPATION PROJECTS II AND CIP 7-054 LYNNHAVEN 6 RIVER WATERSHED II INTO THE NEWLY ESTABLISHED 7 PROJECT 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA, THAT: 11 12 1 . Stormwater CIP 7-059 Lynnhaven River Basin Ecosystem Restoration Project is 13 hereby created in the FY 2018-19 CIP. 14 15 2. $3,000,000 is hereby transferred to CIP 7-059 with equal $1,500,000 amounts from 16 Stormwater CIP 7-043 Water Quality and Restoration Participation Projects II and 17 CIP 7-054 Lynnhaven River Watershed II. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of August 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ji Budget and Management'Services -- y me 's Office CA14498 R-1 July 31, 2018 65 Item -VII-1136 ORDINANCES/RESOLUTIONS ITEM#68353 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance re Lynnhaven River Basin Ecosystem Restoration Project: b. AUTHORIZE the City Manager to EXECUTE a Project Partnership Agreement with the Army Corps of Engineers Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A PROJECT 3 PARTNERSHIP AGREEMENT FOR THE 4 LYNNHAVEN RIVER BASIN ECOSYSTEM 5 RESTORATION PROJECT WITH THE ARMY 6 CORPS OF ENGINEERS 7 8 WHEREAS, the Water Resources Development Act of 1986 provides federal 9 funding and oversight of restoration projects by the U.S. Army Corps of Engineers 10 (USACE); 11 12 WHEREAS, the USACE received funding ($10 million) for the initial phase(s) of 13 the Lynnhaven River Basin Ecosystem Restoration Project (the "Project"); and 14 15 WHEREAS, the City's portion of the cost share for the Project is based on a cost 16 share that provides 65% Federal funding and 35% City funding; 17 18 WHEREAS, the City Council finds it serves the public interest to partner with the 19 USACE; 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA, THAT: 23 24 The City Manager, or his designee, is hereby authorized and directed to execute 25 a Project Partnership Agreement with the Department of the Army for the Lynnhaven 26 River Basin Ecosystem Restoration Project, a summary of terms of the PPA is attached 27 hereto as Exhibit A, and the City Manager and City Attorney, or designee, are hereby 28 authorized to execute the required certificates regarding authority and lobbying. 29 30 BE IT FURTHER ORDAINED, THAT: 31 32 In accordance with the requirements of § 62.1-148 of the Code of Virginia, the 33 City Clerk shall cause a copy of this ordinance and the resulting agreement to be sent to 34 the Commissioner of Water Resources for the information of the Governor. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day of August , 2018. APPROVED AS TO CONTENT: APP: : I AS TO LEGAL SUFFICIENCY: l*efido/- Public Works ttor ey's Office CA14496 R-1 July 27, 2018 EXHIBIT A Summary of Material Terms Project Partnership Agreement Lynnhaven River Basin Ecosystem Restoration Project Parties: Department of the Army(the "Government") City of Virginia Beach (the"City") Purpose: Restoration of approximately 38 acres of wetlands, 94 acres of submerged aquatic vegetation, and 31 acres of reef habitat within the Lynnhaven River Basin Ecosystem (the "Project"). City's Obligation: 1. To pay the local (35%) cost share. 2. To acquire interests in real property necessary for the Project. Government's Obligation: 1. To manage the Project, including the oversight of the construction process. 2. To provide the federal (65%) cost share. 3. To provide regular reports to the City of the work. 4. Upon conclusion of the work and resolution of all relevant claims and appeals, the Government shall conduct a final accounting of the costs of such work and furnish the City with written notice of the results of such final accounting. If the costs of the work are less than the sum of the Federal funds and the amount of funds provided by the City, the Government shall refund the excess to the City within thirty(30) calendar days of such written notice. Project Coordination: Representatives of the Army's District Engineer and the City will coordinate to oversee the Project. Indemnification: As required in previous coordination agreements,the City will agree to hold the Government harmless from all damages arising from the Project except for damages due to the fault or negligence of the Government or its contractors. 66 Item -VII-I.14 ORDINANCES/RESOLUTIONS ITEM#68354 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE a $25,000 Grant to the Navy League, Hampton Roads Council re Oceana 75th Anniversary Celebration and RETRACT the prior Grant Authorization to We Feed Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Abstaining: John D. Moss Council Members Absent: Shannon DS Kane August 7, 2018 REQUESTED BY COUNCILMEMBER DAVENPORT AND KANE 1 AN ORDINANCE TO AUTHORIZE A GRANT OF $25,000 TO 2 THE NAVY LEAGUE OF THE UNITED STATES, HAMPTON 3 ROADS COUNCIL, FOR THE OCEANA 75TH 4 ANNIVERSARY CELEBRATION AND TO RETRACT A 5 PRIOR GRANT AUTHORIZATION TO WE FEED 6 7 WHEREAS, the Navy League of the United States, Hampton Roads Council, has 8 requested a contribution from the City of Virginia Beach for the Oceana 75th Anniversary 9 Celebration; and 10 11 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA, THAT: 13 14 1 . A grant of $25,000 to the Navy League of the United States, Hampton Roads 15 Council, is hereby authorized in the FY 2018-19 Non-Departmental Operating 16 Budget to provide financial support to the Navy League for the 75th anniversary 17 celebration of Naval Air Station Oceana. 18 19 2. The authorization for a grant of $25,000 to We Feed in the FY 2018-19 Non- 20 Departmental Operating Budget is hereby retracted. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of August 2018. APPROVED AS TO LEGAL SUFFICIENCY: City A corn. 's Office CA 14497 R-1 July 30, 2018 C qty of Virginia Beach 995 SEG Gp �bR NA'n°44 VBgov.corn August 7,2018 JOHN MOSS PHONE: (757) 383-7745 COUNCILMAN-AT LARGE MOSSJOHNOCOX.NET In Reply Refer to 0063469 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Barnes: In my fifteen years of service to the public on City Council, I have rarely abstained. It is my position that state law sets the lowest standard of acceptable conflicts of interests. Unlike the Commonwealth of Virginia's much lower standard of conflict of interests,the Federal standard is one of avoiding even the appearance of a conflict. An ordinance on tonight's agenda authorizes a $25,000 grant to the Navy League of the United States, Hampton Roads Council, for the Oceana 75*Anniversary Celebration. As an employee of the Department of Defense, I have concluded that my participation in City Council's discussion and vote on this resolution would result in the appearance of a conflict of interest under the "appearance of a conflict of interest standard." Therefore,my decision is to abstain from the agenda item referenced in this letter for the aforementioned reason. My bias is to vote,and I am not one to avoid controversy. My duty to preserve the public's trust that I will uphold the highest ethical standards takes precedence. It is to the latter and higher duty that my vote of abstention upholds. Thank you for your assistance and cooperation in this matter. Sincerely,, John D.`Moss Councilmember JDM/RRI 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 67 Item -VII-L15 ORDINANCES/RESOLUTIONS ITEM#68355 Mrs. Marsh, 4382 Lynnville, Phone: 270-7900, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council ADOPTED, Ordinance to TRANSFER $1-Million from CIP 7-151 Eastern Shore Drive Drainage Phase I to CIP 7-047 Ashville Park Drainage Improvements Phase I Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 1 AN ORDINANCE TO TRANSFER $1 ,000,000 FROM CIP 7- 2 151 EASTERN SHORE DRIVE DRAINAGE PHASE I TO CIP 3 7-047 ASHVILLE PARK DRAINAGE IMPROVEMENTS 4 PHASE I 5 6 WHEREAS, it is intended that the $1,000,000 transferred herein from CIP 7-151 7 Eastern Shore Drive Drainage Phase I will be restored in the FY 2019-20 Capital 8 Improvement Program. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That $1,000,000 is hereby transferred from CIP 7-151 Eastern Shore Drive 14 Drainage Phase Ito CIP 7-047 Ashville Park Drainage Improvements Phase I. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of August 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r , Et Budget and 'Management ervices City-At or -y's Office CA14491 R-1 July 25, 2018 68 Item -VII-I.16 ORDINANCES/RESOLUTIONS ITEM#68356 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT In-Kind Donations to the Department of Public Libraries from the Friends of the Virginia Beach Public Libraries and the Virginia Beach Library Foundation re support Summer Reading Challenge Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 1 AN ORDINANCE TO ACCEPT IN-KIND DONATIONS TO 2 THE DEPARTMENT OF PUBLIC LIBRARIES FROM THE 3 FRIENDS OF THE LIBRARY AND THE VIRGINIA BEACH 4 LIBRARY FOUNDATION 5 6 WHEREAS, two nonprofit organizations have made in-kind donations to support 7 Virginia Beach Public Libraries; 8 9 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 That $53,040.11 in in-kind gifts from the Friends of the Virginia Beach Public 13 Libraries and $39,732.80 from the Virginia Beach Library Foundation are hereby accepted 14 by City Council to support the Summer Reading Challenge. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of August 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: sommv Budget and Management Services City Attorney'- Office CA14492 R-1 July 25, 2018 69 Item -VII-I.17a ORDINANCES/RESOLUTIONS ITEM#68357 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. Donations totaling $49,961.22 from the Friends of the Virginia Beach Public Libraries to FY 2017-18 Operating Budget of the Department of Public Libraries Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 DONATIONS FROM THE FRIENDS OF THE VIRGINIA 3 BEACH PUBLIC LIBRARIES TO THE FY 2017-18 4 OPERATING BUDGET OF THE LIBRARY DEPARTMENT 5 6 WHEREAS, the Virginia Beach Public Library Foundation has made monetary 7 donations to support Virginia Beach Public Libraries; 8 9 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA, THAT: 11 12 1 . $49,961.22 is hereby appropriated to the FY 2017-18 Operating Budget of the 13 Department of Libraries with donation revenue increased accordingly. 14 15 2. The effective date of this ordinance is June 30, 2018. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of August 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J , , / udget and Management Services _City Attain-y's Office CA14493 R-1 July 25, 2018 70 Item -VIM.17b ORDINANCES/RESOLUTIONS ITEM#68358 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, the SUBSTITUTE VERSION of the Ordinance to ACCEPT and APPROPRIATE: b. Grant Funds totaling $88,131 from the Edward Byrne Justice Assistance Grant to FY2018-19 Operating Budgets of the Sheriffs Office, Police Department and the Community Corrections and Pretrial Division Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 SUBSTITUTE VERSION 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FOR LAW ENFORCEMENT 3 PURPOSES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1. That $88,131 in federal funds from the United States Department of Justice, 9 through the Edward Byrne Justice Assistance Grant, is hereby accepted and 10 appropriated, with federal revenue increased accordingly, to the following 11 departments, in the following amounts, for the following purposes, in their Fiscal 12 Year 2018-19 Operating Budgets: 13 14 a. $35,000 to the Virginia Beach Sheriff's Office for the purchase of tents, 15 cuffing stations, and restraint equipment; 16 17 b. $41,131 to the Police Department for the purchase of a FARO laser 18 scanner; and 19 20 c. $12,000 to the Community Corrections and Pretrial Division for the 21 purchase of hair follicle and urine drug screen tests. 22 23 2. That upon the receipt of the grant the Police Department is authorized to use 24 the $41,131 appropriated, subject to the approval of the United States 25 Department of Justice, for the purchase of equipment other than the FARO 26 scanner. 27 28 3. The replacement of the above items purchased with these grant funds is 29 conditioned upon the receipt of future grant funds. 30 31 4. The City Manager and City Attorney are hereby authorized to execute any 32 required certifications on behalf of the City in furtherance of the above- 33 referenced grant. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of August 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APP 0 D AS TO LEGAL SUFFICIENCY: d&O>t,j 0_ - Budget and Management Service. tto ney's Office CA14495/ R-2 /August 6, 2018 71 Item -VII-L 18a ORDINANCES/RESOLUTIONS ITEM#68359 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE: a. $80,000 from Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund to FY2018-19 Operating Budget of the Police Department re purchase of vehicles for Investigations Division Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE POLICE FEDERAL AND STATE SEIZED ASSETS 3 SPECIAL REVENUE FUND TO PURCHASE VEHICLES 4 5 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $80,000 is hereby appropriated, with revenues increased accordingly, from 9 the fund balance of the Police Federal and State Seized Assets Special Revenue Fund 10 to the FY 2018-19 Operating Budget of the Police Department for the purchase of 11 replacement vehicles for the Police Investigations Division. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of August 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AT TO LEGAL SUFFICIENCY: /1 1 J - Budget and Manag-ment Services ttorney's Office CA14490 R-1 July 19, 2018 72 Item—VII-1.18b ORDINANCES/RESOLUTIONS ITEM#68360 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE: b. $125,000 from the Virginia Tourism Authority to the FY2018-19 Operating Budget of Economic Development and AUTHORIZE Grant to the Virginia Sports Hall of Fame Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 1 AN ORDINANCE TO APPROPRIATE $125,000 FROM 2 THE VIRGINIA TOURISM AUTHORITY TO THE 3 ECONOMIC DEVELOPMENT DEPARTMENT AND TO 4 AUTHORIZE A GRANT OF $125,000 TO THE VIRGINIA 5 SPORTS HALL OF FAME 6 7 WHEREAS, the 2018 Appropriations Act, Item 126(E), included $125,000 from the 8 Virginia Tourism Authority to the City of Virginia Beach for a "regional tourism entity;" 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA, THAT: 12 13 1) $125,000 is hereby accepted from the Virginia Tourism Authority and 14 appropriated, with state revenue increased accordingly, to the FY2018-19 15 Operating Budget of the Department of Economic Development; and 16 17 2) A grant of $125,000 is hereby authorized for the Virginia Sports Hall of Fame 18 in furtherance of the Hall of Fame's efforts to promote tourism in the Hampton 19 Roads Region. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of August , 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: N Budget and Management Services Ty •rney's Office CA14494 R-1 July 25, 2018 73 Item -VII-I.18c ORDINANCES/RESOLUTIONS ITEM#68361 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to APPROPRIATE: c. $16,500 from the Eleventh Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception and AUTHORIZE three (3) equal donations to The Global Studies Academy at Tallwood High School, The Achievable Dream Academy at Seatack Elementary and Goodgirls Write Code, Inc. Voting: 8-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Abstaining: Jessica P. Abbott Council Members Absent: Shannon DS Kane August 7, 2018 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM 2 THE ELEVENTH ANNUAL VIRGINIA BEACH 3 BUSINESS APPRECIATION CHARITY GOLF 4 CLASSIC AND NETWORKING RECEPTION, AND TO 5 AUTHORIZE THREE DONATIONS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $16,500 is hereby accepted and appropriated in the FY 2018-19 Operating 11 Budget of the Department of Economic Development, with donation revenue increased 12 accordingly, and such funds are to be donated to The Global Studies Academy at 13 Tallwood High School, The Achievable Dream Academy at Seatack Elementary, and 14 Goodgirls Write Code, Inc. in equal portions. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of August , 2018. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 11 2f Buy get and Management Services C orn .y's •ffice CA14486 R-1 July 11, 2018 -.L.itil,„,, c.1N1.A.BFAc f-8c' \ 41' '"'-'44i4t;a% f'6 -- zy City of Virginia Beach t,t,L,,, ,,,, v 77 2 2Q S OF OUR NNS4ON r( VBgov.corn JESSICA P.ABBOTT CELL PHONE: (757)577-2068 COUNCIL LADY-DISTRICT 2-KEMPSVILLE �7 p OFFICE PHONE: (757)744-3407 August /, 201 O JABBOTT@VBGOVCOM In Reply Refer to 0063489 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance to appropriate funds from the Eleventh Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception and to authorize three donations. One of those donations is to The Achievable Dream Academy at Seatack Elementary,which technically is a donation to Virginia Beach City Public Schools ("VBCPS") for use at The Achievable Dream Academy at Seatack Elementary. 2. My husband is employed by VBCPS as a teacher at The Achievable Dream Academy at Seatack Elementary. VBCPS's main office is located at 2512 George Mason Drive, Virginia Beach, VA 23456. 3. Although the City Attorney has advised me that the Act allows me to participate in this transaction upon disclosure of my interest, I have chosen to abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 4646 PRINCESS ANNE ROAD,SUITE#103,VIRGINIA BEACH,VIRGINIA 23464 Mrs. Amanda Barnes -2- August 7, 2018 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F) Thank you for your assistance and cooperation in this matter. Sincerely, Jessica P. bbo Councilmember JPA/RRI 74 Item-VII-I.19 (ADD ON) ORDINANCES/RESOLUTIONS ITEM#68362 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT,Resolution to APPOINT Victoria L. Rice to the position of Assistant City Attorney. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 1 A RESOLUTION APPOINTING VICTORIA L. RICE TO THE 2 POSITION OF ASSISTANT CITY ATTORNEY 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to § 2-166 of the City Code, Victoria L. Rice is hereby appointed to 8 the position of Assistant City Attorney, effective August 16, 2018. 9 10 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of 11 August , 2018. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: r Mark D. Stiles, City Attorney CA14504 R-1 August 2, 2018 75 Item -VII-J PLANNING ITEM#68363 1. PRINCESS ANNE HOTEL,LLC/CITY CONDITIONAL CHANGE OF ZONING 2. HOFD ASHVILLE PARK,LLC MODIFICATION OF PROFFERS OF A CONDITIONAL REZONING 3. NATHAN HINCH WAICUNAS CONDITIONAL USE PERMIT 4. BRITTANY PRIMMER/BRANDI MILLER CONDITIONAL USE PERMIT 5. EDITH& DANIEL MONROE CONDITIONAL USE PERMIT 6. DONNA C. DENHAM CONDITIONAL USE PERMIT 7. H& S DEVELOPMENT GROUP,LLC/ COLUMBIA CLUB OF VIRGINIA BEACH CONDITIONAL USE PERMIT 8. CHRISTOPHER STANKUS CONDITIONAL USE PERMIT 9. RESOLUTION TO AUTHORIZE THREE ROADSIDE GUIDE SIGNS RE EDGAR CAYCE'S A.R.E. ITEM#1 WILL BE CONSIDERED FOR INDEFINITE DEFERRAL COUNCIL LADY ABBOTT WILL ABSTAIN ON ITEM#6 ITEM#7 WILL BE CONSIDERED FOR INDEFINITE DEFERRAL August 7, 2018 76 Item—VII-J PLANNING ITEM#68364 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT: Agenda Items 1 (INDEFINITE DEFERRAL), 2, 3, 4, 5, 6 (ABBOTT ABSTAIN), 7 (INDEFINITE DEFERRAL), 8 and 9 Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 77 Item—VII-J.1 PLANNING ITEM#68365 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY,BY CONSENT,Application of PRINCESS ANNE HOTEL,LLC/CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from B-2 Community Business to Conditional B-4 Mixed Use at the Northeast Corner of Princess Anne Road and Community College Place Intersection DISTRICT 7—PRINCESS ANNE Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 78 Item—VII-J.2 PLANNING ITEM#68366 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED, AS MODIFIED AND PROFFERED, BY CONSENT, Application of HOFD ASHVILLE PARK, LLC for a Modification of Proffers of a Conditional Rezoning at the North and South sides of Ashville Park Boulevard (Approved on February 24, 2004, and Modified on May 10, 2005 and February 14, 2012). (Deferred from July 3, 2018)DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HOFD ASHVILLE PARK, LLC for a Modification of Proffers of a Conditional Rezoning at the North and South sides of Ashville Park Boulevard (Approved on February 24, 2004, and Modified on May 10, 2005 and February 14, 2012). (Deferred from July 3, 2018) (GPINs 2413473302, 2413476457, 2413558602)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventh day of August, Two Thousand Eighteen. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 04 64 if 1 rilit..„ * / II . ,i04111, * I 40 CSI 4.4.,,, es.4 r%ri-i- • ,- -0 pup ..;,401,4611,4 D 4 i r 1 is 2 i f r : iiip ( 1 ` 1 r i� / s di 917 1).,, 11P, .2. :17111 111111411r. "--' "'"'N".0 ....., 1 ll 4r ..., a f, 1111,\,., \\-7/11k, i :T : ,, I.. 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Q (NJ `� a) W Y Q -0 0 Ce v Q °° v CL v � LL U I� J < m U 0 LU W 0 c + J N N W W W W W W w a Li) > = 0 0 C7C7 0 0 J on N o < < a s a a ag1- u I a _ _ J J_ J_ J_ 0 = Z v Ln V) I— cn > > > > > > H Z = cc ASHVILLE PARK COMPOSITE LIST OF THE APPLICABLE PROFFERS (after 2nd Amendment—August 2018) 1. The Property, which includes all of Villages"C" and"E", along with the area previously designated "Village D" shall be developed substantially as shown on the Exhibit designated "Ashville Park" "Master Plan", dated May 25, 2018, prepared by LSG Landscape Architecture Inc., which is contained as page 1 of the 16 page "Ashville Park" development manual, a copy of which has been exhibited to the City Council and is on file with the Virginia Beach Planning Department (hereinafter, the "Master Plan"and"Manual"). (2018 Proffers) 2. The principal entranceway to the Property shall be from Princess Anne Road which shall be substantially similar in design and quality to the exhibit entitled "Community Entrance Princess Anne Road" a copy of which is contained within Section V of the development manual entitled "Ashville Park" prepared by Stephen Fuller Places, LLC, a copy of which has been exhibited to the City Council in conjunction with this Zoning Ordinance amendment and is on file with the Virginia Beach Planning Department(hereinafter the "Manual"). (2005 Proffers) 3. A second entrance to the Property shall be located at Flanagans Lane near the intersection of Flanagans Lane and Sandbridge Road and shall be substantially similar in design and quality to the exhibit entitled, "COMMUNITY ENTRANCES", "Flanagans Lane" dated 5/1/2015, prepared by LSG Landscape Architecture Inc., a copy of which is at page 5 of the Manual. (2018 Proffers) 4. Prior to the issuance of the first residential building permit within Village C and upon completion of at least two lanes of the public right-of-way running through Ashville Park from Princess Anne Road to the second entranceway of the Property at Flanagans Lane as referenced in proffer number 2, Grantor shall cul-de- sac Flanagans Lane within the confines of Ashville Park at two locations where depicted on the Master Plan. In addition to this improvement,Grantor shall maintain a 100'buffer area along the portion of the northern most property line of Ashville Park, located directly to the north of Village D,in Section IV of the Master Plan. Within this 100' buffer area, Grantor shall install an undulating berm and solid 6' high fence, substantially as shown on the Exhibit entitled Conceptual Site Layout Plan of Ashville Park, Berm Plan, Virginia Beach, VA., dated 2/08/05, prepared by MSA, P.C., which plan shall have been exhibited to City Council and on file in the Planning Department of the City of Virginia Beach (hereinafter"Berm Plan"). The berm and fence shall be installed within the 100' Buffer prior to the completion of the development of Villages A and B as identified on the Master Plan. Any multi-purpose equestrian trails or pedestrian paths located adjacent to the berms shown on the Berm Plan, shall be located on the side of the berm facing Ashville Park. (2005 Proffers) 5. The Grantor shall dedicate to the City of Virginia Beach sufficient land along the portions of the Property adjacent to Princess Anne Road of 55' in width as measured from the centerline of the right-of-way, to accommodate an ultimate 110' right-of-way. In addition to said dedication, Grantor agrees to dedicate to the City an additional 150' wide buffer as measured from the ultimate right-of-way dedication. 1 The dedicated buffer shall be for public purposes including open space, buffers, landscaping, utilities, roadways and trail purposes. Said buffer shall not restrict the development of the "Community Entrance Prospective" within Section V within the Manual. The dedications referenced in this proffer #5, shall be made concurrently with the recordation of the final subdivision plat for the first phase of development of the Property. (2005 Proffers) 6. The Grantor agrees, during detailed site plan review, to conduct a Traffic Impact Study of the impacts of Ashville Park. The Grantor agrees to substantially complete or bond the required improvements on Princess Anne Road at the entrance to Ashville Park that are called for in the Traffic Impact Study. Said improvements shall be substantially completed or bonded prior to the issuance of the first permanent occupancy permit for residents within Ashville Park. (2005 Proffers) 7. The internal streets within Villages "C" and "E" as depicted on the Master Plan shall be designed and constructed in accordance with the exhibit entitled, "Typical Sections" dated 5/1/2015, prepared by LSG Landscape Architecture Inc., a copy of which is at page 10 of the Manual. (2018 Proffers) *Note:The internal streets in Villages A and B have been completed and dedicated in accordance with the previously proffered "Typical Street Sections Plan" prepare by MSA, P.C. dated February 8, 2005 making proffer #7 in the 2005 proffers moot. 8. All street lighting installed on the Property shall be a decorative style fixture and the height and separation of street lights shall be determined during the detailed site plan review. (2005 Proffers) 9. The trees planted within and adjacent to the public right-of-ways on the Property shall be double the total tree canopy requirements for public right-of-ways as set forth in the Department of Public Works Landscape Manual of the City of Virginia Beach. (2005 Proffers) 10. Subject to confirmation by the City of the necessary 5o' wide right-of- way widths and receipt by the City of all environmental permits from the Army Corps of Engineers and Department of Environmental Quality, Grantor shall substantially improve or bond the costs of right-of-way improvements to Flanagans Lane beginning from the eastern-most entranceway to the Property from Flanagans Lane, continuing in an easterly direction to the intersection of Flanagans Lane and Sandbridge Road. Said improvements shall be substantially completed or bonded prior to the issuance of final occupancy permit for the first residence in Village D or E as depicted on the Master Plan. Said improvements shall be the widening of the existing lane with and the piping of the adjacent ditches, together with the portion of the future right-of-way traffic simulation generated by Ashville Park as determined during the detailed site plan review and the Traffic Impact Study performed by Grantor. These improvements shall be consistent with CIP Project No. 2.021.000 for rural road improvements in the City of Virginia Beach's Capital Improvement Program. (2005 Proffers) 2 ii. The Grantors shall record a Master Deed of Covenants, Conditions and Restrictions("Restrictions")governing the Property. All land owners within the PDH- 2 District shall be members of a Home Owners Association responsible for maintaining collectively all common areas on the Property. The Restrictions shall be enforced by one or more Home Owners Association, which Restrictions, shall among other things, restrict the use of the open space areas for any purpose, but recreation and open space use. Such covenants shall run with the land and be in full force and effect for a period of at least fifty(50)years. These covenants shall become part of the deed of each lot or parcel within the development. Such covenants shall be approved by the City Attorney and recorded before the first building permit in the project is issued. (2011 Proffers) 12. The total number of units developed in Village"B"shall not exceed 164. All such units in Village"B" shall be single-family detached dwellings. The minimum lot size, internal open space area,buffers and acreages for each Village shall be as set forth in the Master Plan. (2018 Proffers) 13. Villages"A","C"and"E"shall be developed substantially as depicted on the Master Plan. The total number of units developed in Village "A" shall not exceed 135. The total number of units developed in Village"C"shall not exceed 116. The total number of units developed in Village"E"shall not exceed 40. All units shall be single family detached dwellings within these Villages. The minimum lot size, internal open space area, buffers and acreages for each Village shall be as set forth in the Master Plan. (2018 Proffers) 14. Those portions of the linear parks that are created by easement upon a portion of a residential lot shall be maintained by the residential lot's owner. The cost reduction to the Association resulting from the elimination of this line item/expense will be immediately reflected in monthly homeowner assessments. All other park areas and open space areas shall be maintained by the home owners association. No structures shall be allowed within the parks other than uniform fencing, storm drainage improvements, other uniform decorative features and mailboxes. All sidewalks and trails located outside of the public rights of way and public easements shall be maintained by the home owners association. (2018 Proffers) Note: This modification applies only to Village A and it has been implemented. 15. A Letter of Map Amendment ("LOMA") must be approved by FEMA before any development may proceed within any Special Flood Hazard Area. (2005 Proffers) 16. The residential lot tree canopy for each residential lot on the Property shall be double the total canopy cover specified in the City of Virginia Beach's "Residential Tree Request Table"in effect as of September 1, 2003. (2005 Proffers) 17. A minimum 50' buffer shall be established on the perimeters of the Property as shown on the Master Plan. No structures shall be allowed within the buffer area and the buffer area shall be maintained by the Home Owners Association. No 3 community wide or other activity other than maintenance shall occur within the Buffer area. (2005 Proffers) 18. One Recreational Activity Area shall be designed, constructed and built on the Property between Village"A"and Village "C", substantially where indicated on the Master Plan. The facility shall provide indoor amenities,meeting rooms and active outdoor recreational amenities. No outside recreational fields or sporting areas shall be lighted to permit sporting events at night. This restriction shall not prohibit lighted outdoor swimming pools or lighted outdoor tennis courts provided that any such lighted tennis courts must be setback a minimum of 15o' from a residential property line. Outdoor lighting installed for the swimming pools or outdoor tennis courts shall be directed downward toward the swimming pool or tennis courts play area. (2011 Proffers) 19. The community amenities depicted on the Master Plan between Village "A" and Village "C" shall be substantially similar in quality, design, size and architectural character to the two (2) exhibits entitled "COMMUNITY AMENITIES" (1) Recreational Activity Center, and (2) Clubhouse Elevations dated 5/1/2015, prepared by LSG Landscape Architecture Inc., copies of which are at pages 6 and 7 of the Manual. The Recreational Activity Center shall include a Clubhouse (minimum 3,400 square feet),Drop-off,Sun Deck,Swimming Pool(minimum 3,400 square feet), Lake, Pedestrian Trail connection, Children's Play Area, multipurpose court, and parking lot (35 spaces). The Community Amenities shall be constructed and a certificate of occupancy issued for the clubhouse and pool prior to the issuance of a certificate of occupancy for any residential dwelling in Village "C" or "E". (2018 Proffers) Note: These Amenities have been permitted,completed and in sue for three(3)years. 20. In addition to the buffer areas, linear parks, pocket parks and Village Greens within Villages A, B,C, D,and E,Grantor shall set aside as open space the areas shown on the Master Plan. Said areas shall be for the benefit of the owners of the property within Ashville Park. These areas shall be set aside for passive enjoyment and recreation for uses such as Lakes, Meadows, Forested Areas and Landscaped Vistas. These areas shall be maintained by the Home Owners Association. (2005 Proffers) 21. No portion of the Property that was delineated as a jurisdictional wetland by the U.S. Army Corp of Engineers prior to the commencement of development of Ashville Park shall be disturbed unless otherwise required in order to implement any Ashville Park Drainage Improvements(Alternative B). Any impacts to portions of the Property that have subsequently been designated as jurisdictional wetlands by the U.S. Army Corp of Engineers shall be allowed as permitted by State Department of Environmental Quality and the U.S. Army Corp of Engineers. (2018 Proffers) 22. The combined areas set aside for recreation and open space within the Ashville Park Subdivision, or dedicated to the Grantee for stormwater management facilities and/or possible open space shall not be below 57% of the 452.8 gross acres 4 which comprise Ashville Park as depicted on the Master Plan. The different types and acreages of open spaces provided shall be substantially as specified on the Master Plan. (2018 Proffers) 23. Grantor shall donate $1,000.00 for each residential lot developed on the Property to the City of Virginia Beach Department of Parks and Recreation into the Open Space Site Acquisition program more specifically referred to as CIP Project No.4.004.000. Grantor's per lot donation should be paid to the City at the time of the issuance of each building permit or each residential lot within Ashville Park. If all or a portion of said donated funds have not been used by the City of Virginia Beach within twenty (20) years for the purpose for which they were dedicated, then they may be used by the City of Virginia Beach for other municipal purposes, as the City shall in it sole discretion deem appropriate. (2005 Proffers) 24. Grantor shall construct a series of sidewalks and trails that are designed to provide pedestrian accessibility within each Village, and pedestrian and bike connections between each Village and to adjacent properties substantially as shown on the Master Plan and the exhibits entitled, "Village Plans" dated 05/01/2018, prepared by LSG Landscape Architecture Inc. copies of which are at pages 2 and 3 of the Manual. The path system within the Village Greens, the Parks and other open space areas shall be finished in hard surfaces such as asphalt or compacted clay. While not all portions of the trail system within Ashville Park will be open to the public, a continuous trail system from Princess Anne Road to Flanagans Lane that will be open to the public either through easements over some of the trails on the Home Owners Association property,or the provision of sidewalks and trails within the public right of way section between Princess Anne Road and Flanagans Lane. (2018 Proffers) 25. Grantor shall construct a Multipurpose/Equestrian Trail substantially as depicted on the Master Plan and the Village Plans Exhibits in the Manual. The Multipurpose/Equestrian Trail shall be approximately 8 feet in width, constructed of compacted earthen material, compacted clays or similar compacted material substantially in accordance with the"Typical Trail Section" as depicted on the exhibit entitled, "Typical Sections" at page 10 of the Manual. The Multipurpose/Equestrian Trail shall be open to the public. (2018 Proffers) 26. Grantor shall include within the Restrictions governing the Property, a requirement that the design and building materials for all fences,homes and accessory structures must be reviewed and approved by an Architectural Review Committee of the HOA to insure design and quality compatibility. Said restrictions shall run with the land as allowed under the laws of the Commonwealth of Virginia. (2005 Proffers) 27. All residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roofs, porches, windows, doors, trim and soffits, consisting entirely of all or any combination of brick,stone,hardy plank,stucco,cedar shake or similar quality materials. (2005 Proffers) 28. All residential dwellings constructed on the Property shall be constructed with a minimum of a two(2) car garage. (2005 Proffers) 5 29. All residential dwellings constructed within Villages A, C, D and E shall contain no less than 2,400 square feet of enclosed living area, excluding garage area, for any one-story dwelling and no less than 2,600 square feet of enclosed living rea, excluding garage area,for any two-story dwelling. (2005 Proffers) 3o. All residential dwellings constructed within Village B shall contain no less than 1,800 square feet of enclosed living area, excluding garage area,for any one- story dwelling and shall contain no less than 2,100 square feet of enclosed living area, excluding garage area,for any two-story dwelling. (2011 Proffers) 31. Grantor shall utilize low impact development techniques where possible on the Property to encourage storm water treatment and ground water recharge and discourage storm water runoff and erosion. (2005 Proffers) 32. All residential dwellings constructed on the Property shall be constructed in accordance with the construction criteria applicable to homes located within the 70 to 75 Db Ldn/STC ratings of not less than 44 for roof/ceiling/exterior walls and 33 for windows/doors, even though no portion of the Property is located within this noise zone. (2005 Proffers) 33. The dimensional requirements applicable to residential development of the Villages in Ashville Park except Village "B" shall be as follows: (a) Village "A" i. Minimum Lot Area in Square Feet 20,000 ii. Minimum Lot Width in Feet 100 iii. Minimum Front Yard Setback in Feet 5o iv. Minimum Side Yard Setback in Feet 10 v. Minimum Side Yard Setback adjacent to a Street in Feet 30 vi. Minimum Rear Yard Setback in Feet 20 vii. Minimum Rear and Side Yard Setback for Accessory Structures no greater than 150 Square Feet 5 feet viii. Maximum Lot Coverage 30% ix. Minimum Setback from Sidewalk on Lots containing linear park (easement) 15'from edge of sidewalk x. Maximum building height in feet 42 (b) Village"C: i. Minimum Lot Area 45 Lots in Square Feet 18,00o ii. Minimum Lot Area 71 Lots in Square Feet 13,500 iii. Minimum Lot Width in Feet 90 iv. Minimum Front Yard Setbacks in Feet 3o v. Minimum Side Yard Setback in Feet 10 vi. Minimum Side Yard Setback 6 adjacent to a Street in Feet 20 vii. Minimum Rear Yard Setback in Feet 20 viii. Minimum Rear and Side Yard Setbacks for an Accessory Structure no greater than 150 square feet 5 feet ix. Maximum Lot Coverage 35% x. Minimum Setback from Sidewalk on Lots containing linear parks (easement) 15'from edge of sidewalk xi. Maximum building height in feet (not to exceed 2 stories) 40 (c) Village"E" i. Minimum Lot Area in Square Feet 20,000 ii. Minimum Lot Width in Feet 100 iii. Minimum Front Yard Setbacks in Feet 40 iv. Minimum Side Yard Setback in Feet 10 v. Minimum Side Yard Setback adjacent to a Street in Feet 30 vi. Minimum Rear Yard Setback in Feet 20 vii. Minimum Rear and Side Yard Setbacks for an Accessory Structure no greater than 150 square feet 5 feet viii. Maximum Lot Coverage 3o% ix. Minimum Setback from Sidewalk on Lots containing linear parks(easement) 15'from edge of sidewalk x. Maximum building height in feet (not to exceed 2 stories) 42 (2018 Proffers) 34. The dimensional requirements applicable to development within Village B on the Property shall be as follows: Minimum Lot Area in Square Feet: 7,200 Minimum Lot Width in Feet: 6o Minimum Front Yard Setback in Feet: 20 Minimum Side Yard Setback in Feet: 5& 10 Minimum Side Yard Setback Adjacent to a Street in Fee: 20 Minimum Rear Yard Setback in Feet: 20 Accessory structures of no more than 150 square feet: 5' rear and side yard setbacks 7 Maximum Lot Coverage: 4o% Maximum Height in Feet: 35 (not to exceed two stories). (2005 Proffers) 35. For lots encumbered by a linear park and/or pocket park,the Minimum Lot Width may be measured along either the property line abutting the public right- of-way, or the boundary of the portion of the linear park and/or pocket park located toward the interior of the lot. (2005 Proffers) 36. Further conditions mandated by applicable development ordinances may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. (2005 Proffers) 37. Grantor agrees to dedicate to Grantee all or any portion of the area depicted and designated"25+/- acres to be dedicated to the City of Virginia Beach for stormwater management facilities and/or passive open space" on the"Master Plan"subject to the stated use restriction. (2018 Proffers) H:\AM\Mod of Proffers\HOFD Ashville Park\203.8\Composite List of Applicable Proffers.docx 8 4;- '`` CITY OF VIRGINIA BEACH ' . INTER-OFFICE CORRESPONDENCE S OF 'ouR "N'p�,o'jS In Reply Refer To Our File No. DF-9247 DATE: July 27, 2018 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson `,)s DEPT: City Attorney RE: Conditional Zoning Application; HOFD Ashville Park, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 7, 2018. I have reviewed the subject proffer agreement,dated May 18, 2018 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 SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS HOFD ASHVILLE PARK, LLC, a Delaware limited liability company ASHVILLE PARK OWNERS ASSOCIATION, INC., a Virginia non-stock, non-profit corporation a/k/a ASHVILLE PARK HOMEOWNERS ASSOCIATION, INC. TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 1803 day of May, 2018, by and between HOFD ASHVILLE PARK, L.L.C., a Delaware limited liability company, party of the first part, Grantor; ASHVILLE PARK OWNERS ASSOCIATION, INC., a Virginia non-stock, non-profit corporation, a/k/a ASHVILLE PARK HOMEOWNERS ASSOCIATION, INC., party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of those two (2) parcels of land located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 269.336 acres, designated PARCELS "B" and "C" as described in Exhibit "A" attached hereto and incorporated herein by this reference which parcels together with Parcel "A" are referred to herein as the "Property"; and WHEREAS ,the party of the second part is the owner of that parcel of land located in the Princess Anne District of the City of Virginia Beach, Virginia containing approximately 19.906 acres, designated PARCEL "A" as described in Exhibit "A" attached hereto and incorporated herein by this reference, which parcel, together with Parcels "B" and "C" are referred to herein as the "Property"; and GPIN: 2413-47-3302-0000 (Parcel "A") 2413-47-6457-0000 (Parcel "B") 2413-55-8602-0000 (Parcel "C") Prepared By: R. Edward Bourdon,Jr.,Esquire VSB #22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS, the Grantors have requested Grantee to permit this modification of (a) the previously Proffered Covenants, Restrictions and Conditions dated March 1, 2005 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 200505120072090 (hereinafter "2005 Proffers"); and (b) the First Amendment to Proffered Covenants, Restrictions and Conditions dated September 1, 2011 and recorded in the afore referenced Clerk's Office as Instrument Number 20120222000196130 (hereinafter"2011 Proffers"),to reflect an amendment applicable to the land use plan on the property; and WHEREAS, it is the Grantors' intent to reaffirm all of the covenants, restrictions and conditions set forth in Proffers numbered 2, 4, 5, 6, 8, 9, 10, 15, 16, 17, 20, 23, 26, 27, 28, 29, 31, 32, 34, 35 and 36 as set forth in the 2005 Proffers and Proffers numbered 11, 18 and 30 as set forth in the 2011 Proffers and to apply these reaffirmed Proffers to the Property; and WHEREAS, it is the Grantors' intent to modify the covenants, restrictions and conditions set forth in Proffers numbered 1, 3, 7, 12, 13, 14, 21, 22, 24, 25 and 33 as set forth in the 2005 Proffers and Proffer number 19 as set forth in the 2011 Proffers and to apply these modified Proffers to the Property; 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 WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any 2 requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following amended declaration of conditions and restrictions which, along with the unchanged covenants, conditions and restrictions set forth in the 2005 and 2011 Proffers 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 Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer numbered 1 as set forth in the 2005 Proffers is deleted (as it pertains to the"Property") and the following covenant, restriction and condition is proffered in its place: 1. The Property, which includes all of Villages "C" and "E", along with the area previously designated"Village D"shall be developed substantially as shown on the Exhibit designated "Ashville Park" "Master Plan", dated May 25, 2018, prepared by LSG Landscape Architecture Inc., which is contained as page 1 of the 16 page "Ashville Park" development manual, a copy of which has been exhibited to the City Council and is on file with the Virginia Beach Planning Department (hereinafter, the "Master Plan" and "Manual"). 2. Proffer numbered 3 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 3. A second entrance to the Property shall be located at Flanagans Lane near the intersection of Flanagans Lane and Sandbridge Road and shall be substantially similar in design and quality to the exhibit entitled, "COMMUNITY ENTRANCES", "Flanagans Lane"dated 5/1/2015,prepared by LSG Landscape Architecture Inc., a copy of which is at page 5 of the Manual. 3. Proffer numbered 7 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 7. The internal streets within Villages "C" and "E" as depicted on the Master Plan shall be designed and constructed in accordance with the exhibit entitled, "Typical Sections" dated 5/1/2015, prepared by LSG Landscape Architecture Inc., a copy of which is at page 10 of the Manual. 4. Proffered numbered 12 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 3 12. The total number of units developed in Village "B" shall not exceed 164. All such units in Village "B" shall be single-family detached dwellings. The minimum lot size, internal open space area, buffers and acreages for each Village shall be as set forth in the Master Plan. 5. Proffer numbered 13 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 13. Villages "A", "C" and "E" shall be developed substantially as depicted on the Master Plan. The total number of units developed in Village "A" shall not exceed 135. The total number of units developed in Village "C" shall not exceed 116. The total number of units developed in Village "E" shall not exceed 40. All units shall be single family detached dwellings within these Villages. The minimum lot size, internal open space area,buffers and acreages for each Village shall be as set forth in the Master Plan. 6. Proffer numbered 14 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 14. Those portions of the linear parks that are created by easement upon a portion of a residential lot shall be maintained by the residential lot's owner. The cost reduction to the Association resulting from the elimination of this line item/expense will be immediately reflected in monthly homeowner assessments. All other park areas and open space areas shall be maintained by the home owners association. No structures shall be allowed within the parks other than uniform fencing, storm drainage improvements, other uniform decorative features and mailboxes. All sidewalks and trails located outside of the public rights of way and public easements shall be maintained by the home owners association. 7. Proffer numbered 19 as set forth in the 2011 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 19. The community amenities depicted on the Master Plan between Village "A" and Village "C" shall be substantially similar in quality, design, size and architectural character to the two (2) exhibits entitled "COMMUNITY AMENITIES" (1) Recreational Activity Center, and (2) Clubhouse Elevations dated 5/1/2015, prepared by LSG Landscape Architecture Inc., copies of which are at pages 6 and 7 of the Manual. The Recreational Activity Center shall 4 include a Clubhouse (minimum 3,400 square feet), Drop-off, Sun Deck, Swimming Pool (minimum 3,400 square feet), Lake, Pedestrian Trail connection, Children's Play Area, multipurpose court, and parking lot (35 spaces). The Community Amenities shall be constructed and a certificate of occupancy issued for the clubhouse and pool prior to the issuance of a certificate of occupancy for any residential dwelling in Village "C" or "E". 8. Proffer numbered 21 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 21. No portion of the Property that was delineated as a jurisdictional wetland by the U.S. Army Corp of Engineers prior to the commencement of development of Ashville Park shall be disturbed unless otherwise required in order to implement any Ashville Park Drainage Improvements. Any impacts to portions of the Property that have subsequently been designated as jurisdictional wetlands by the U.S.Army Corp of Engineers shall be allowed as permitted by State Department of Environmental Quality and the U.S. Army Corp of Engineers. 9. Proffer numbered 22 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 22. The combined areas set aside for recreation and open space within the Ashville Park Subdivision, or dedicated to the Grantee for stormwater management facilities and/or possible open space shall not be below 57% of the 452.8 gross acres which comprise Ashville Park as depicted on the Master Plan. The different types and acreages of open spaces provided shall be substantially as specified on the Master Plan. 10. Proffer numbered 24 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 24. Grantor shall construct a series of sidewalks and trails that are designed to provide pedestrian accessibility within each Village,and pedestrian and bike connections between each Village and to adjacent properties substantially as shown on the Master Plan and the exhibits entitled, "Village Plans"dated 05/01/2018, prepared by LSG Landscape Architecture Inc. copies of which are at pages 2 and 3 of the Manual. The path system within the Village Greens,the Parks and other open space areas shall be finished in hard surfaces 5 such as asphalt or compacted clay. While not all portions of the trail system within Ashville Park will be open to the public, a continuous trail system from Princess Anne Road to Flanagans Lane that will be open to the public either through easements over some of the trails on the Home Owners Association property, or the provision of sidewalks and trails within the public right of way section between Princess Anne Road and Flanagans Lane. ii. Proffer numbered 25 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 25. Grantor shall construct a Multipurpose/Equestrian Trail substantially as depicted on the Master Plan and the Village Plans Exhibits in the Manual. The Multipurpose/Equestrian Trail shall be approximately 8 feet in width, constructed of compacted earthen material, compacted clays or similar compacted material substantially in accordance with the "Typical Trail Section"as depicted on the exhibit entitled, "Typical Sections"at page 10 of the Manual. The Multipurpose/Equestrian Trail shall be open to the public. 12. Proffer numbered 33 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 33. The dimensional requirements applicable to residential development of the Villages in Ashville Park except Village "B" shall be as follows: (a) Village "A" i. Minimum Lot Area in Square Feet 20,000 ii. Minimum Lot Width in Feet 100 iii. Minimum Front Yard Setback in Feet 50 iv. Minimum Side Yard Setback in Feet io v. Minimum Side Yard Setback adjacent to a Street in Feet 30 vi. Minimum Rear Yard Setback in Feet 20 vii. Minimum Rear and Side Yard Setback for Accessory Structures no greater than 150 Square Feet 5 feet viii. Maximum Lot Coverage 30% ix. Minimum Setback from Sidewalk on Lots containing linear park (easement) 15'from edge of sidewalk x. Maximum building height in feet 42 6 (b) Village "C: i. Minimum Lot Area 45 Lots in Square Feet 18,000 ii. Minimum Lot Area 71 Lots in Square Feet 13,500 iii. Minimum Lot Width in Feet go iv. Minimum Front Yard Setbacks in Feet 30 v. Minimum Side Yard Setback in Feet 10 vi. Minimum Side Yard Setback adjacent to a Street in Feet 20 vii. Minimum Rear Yard Setback in Feet 20 viii. Minimum Rear and Side Yard Setbacks for an Accessory Structure no greater than 150 square feet 5 feet ix. Maximum Lot Coverage 35% x. Minimum Setback from Sidewalk on Lots containing linear parks (easement) 15'from edge of sidewalk xi. Maximum building height in feet (not to exceed 2 stories) 40 (c) Village "E" i. Minimum Lot Area in Square Feet 20,000 ii. Minimum Lot Width in Feet 100 iii. Minimum Front Yard Setbacks in Feet 40 iv. Minimum Side Yard Setback in Feet 10 v. Minimum Side Yard Setback adjacent to a Street in Feet 30 vi. Minimum Rear Yard Setback in Feet 20 vii. Minimum Rear and Side Yard Setbacks for an Accessory Structure no greater than 150 square feet 5 feet viii. Maximum Lot Coverage 30% ix. Minimum Setback from Sidewalk on Lots containing linear parks (easement) 15'from edge of sidewalk x. Maximum building height in feet (not to exceed 2 stories) 42 13. The following Proffer numbered "37" is a new proffer: 37. Grantor agrees to dedicate to Grantee all or any portion of the area depicted and designated "25+/- acres to be dedicated to the City of Virginia Beach for stormwater management facilities and/or passive open space" on the "Master Plan" subject to the stated use restriction. 14. Except as expressly modified by the replacement of the twelve(12)new Proffers set forth herein, the remaining twenty-four (24) proffered covenants, restrictions and conditions as set forth in the 2005 Proffers as previously modified in the 2011 Proffers are 7 hereby ratified, affirmed and applicable to the Property, along with the new proffer number 37. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia • Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a) to order, in writing,that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors 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 8 Administrator and in the PlanningDe and they Department, shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed in the names of the Grantors and the Grantee. 9 WITNESS the following signature and seal: Grantor: Ashville Park Owners Association, Inc., a Virginia non- stock, non-profit corporation a/k/a Ashville Park Homeowners Association, Inc. By: (SEAL) Christian Foulger, P sid t STATE OF ( �{i 1 ' CITY/COUNTY OF ctt,t,p'2O , to-wit: The foregoing instrument was acknowledged before me this o2S day of May, 2018, by Christian Foulger, President of Ashville Park Owners Association, Inc., a Virginia non- stock, non-profit corporation, a/k/a Ashville Park Homeowners Association, Inc., Grantor. Notary Publi, My Commission Expires: Notary Registration Number: TRISTAN MANOFF Notary Public-California •r San Diego County � C040o, mmission*2217078 My Comm.Expires Nov 2,2021 11 WITNESS the following signature and seal: Grantor: HOFD Ashville Park, LLC, a Delaware limited liability company By: HomeFed Corporation, a Delaware Corporation, Its Manager By: (SEAL) Christian Foulger, Pside" STATE OF L'ct,l r&It/1 h—CITY/COUNTY OF S-(4,44..7)/4. 7)(4! & , to-wit: The foregoing instrument was acknowledged before me this c ."----day of May, 2018, by Christian Foulger, President of HomeFed Corporation, a Delaware Corporation, Manager of HOFD Ashville Park, LLC, a Delaware limited liability company, Grantor. Notary 'ubli My Commission Expires: Notary Registration Number: TRISTAN MANOFF . • Notary Public-California San Diego County �y ► Commission#2217078 My Comm.Expires Nov 2,2021 10 EXHIBIT "A" PARCEL A That certain piece or parcel of land, belonging, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "RESIDUAL PARCEL A-6-A-1, 19.906 AC." as shown on that certain plat entitled, "SUBDIVISION OF RESIDUAL PARCEL A-6-A AT ASHVILLE PARK, VIRGINIA BEACH, VIRGINIA", dated March 20, 2014, made by MSA, P.C. and recorded as Instrument Number 20140530000476070. GPIN: 2413-47-3302-0000 PARCEL B That certain piece or parcel of land, belonging, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "RESIDUAL PARCEL A-6-A-2, 114.384 AC."as shown on that certain plat entitled, "SUBDIVISION OF RESIDUAL PARCEL A-6-A AT ASHVILLE PARK, VIRGINIA BEACH, VIRGINIA", dated March 20, 2014, made by MSA, P.C. and recorded as Instrument Number 20140530000476070. GPIN: 2413-47-6457-0000 PARCEL C That certain piece or parcel of land, belonging, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "RESIDUAL PARCEL A-7-A-3", 135.046 acres as shown on that certain plat entitled, "SUBDIVISION OF RANIER VILLAGE, PHASE 2A AT ASHVILLE PARK, VIRGINIA BEACH, VIRGINIA", dated July 2, 2014, made by MSA, P.C. and recorded as Instrument Number 20141015000977470. GPIN: 2413-55-8602-0000 H:\AM\Mod of Proffers\HOFD Ashville Park\2018\2nd Amendment to Proffers_final 7-24-2018.docx 12 79 Item—VII-J.3 PLANNING ITEM#68367 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of NATHAN HINCH WAICUNAS for a Conditional Use Permit re home occupation —retail firearm sales at 1332 Stringfellow Court DISTRICT 2— KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NATHAN HINCH WAICUNAS for a Conditional Use Permit re home occupation — retail firearm sales at 1332 Stringfellow Court (GPIN 1465581325) DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. The applicant shall obtain and maintain a Federal Firearms License through the Bureau of Alcohol, Tobacco, Firearm, and Explosives, as required by law. 2. The Home Occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference,fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 3. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 4. There shall be no more than five (5) hand-to-hand transactions per month at the dwelling. 5. Delivery offirearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 6. Not more than twenty (20)percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 7. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment. A report shall be written by the Police Department, a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. 8. All small arms ammunition,primers, smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 9. There shall be no more than one (1) employee, other than the home owner, on the property associated with this home-based business. August 7, 2018 80 Item—VII-J.3 PLANNING ITEM#68367 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventh day of August, Two Thousand Eighteen Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 . .._.. i,. . N .,- ( 4 < ,\ k.:::::::\ir.: )\ 1 Avis , go o ,..--,.-- \I----\\-\ too .f IC"? . ,-. . ...,...„.. in _?f J..... ...?sed) / ?„„, ,,,, ._ r`-‘-, 1------, .,..\\...", \,..... , Ice <0 ; 4,-.../ 4Z1 . e t (7 (Z, K" \ 1 TIMI4: ..., .."` N I. \\,\?..> 1 /".N, N 0 7 '*) a N illgt i. Ni, s -,,,,,, _ 7 ( --,1 ,,,,, CL N./ .....::. (iNiof Jr-- , __,--------ii _ lf4 ,......„1/4 j.......,? ,.. . is _ tio , ..„ i X , Crj s/ 0 (,- 41q, *145S *misi N,tir. 0/_At Ms .1 EIS aL / / . 'NJ (i) en „ • 4:2 C> 11/0 .0". --„,. --..., tio to ......, / .\-'"'-- . r------1„. >/o, to f, . - F________J- 0 i_____, il / *s. A / { I / ^N. r.---.. 4 .1/41/4,7/ / 7 C /*N C3 ---4,4:-- N,. I r 0 IN -k 1 i 1,4? 4,- ...._----- 1 '') , ... e7 ,, -Ci•t,(:) ---.N 1 1,1 jIN. to i I ...4b . lir. -- ,, % s'.--„.1 I ,„,, e CN1 II .„,i .--1.3 c--i\tt fi /co _I ..., 4.... 81 Item-VII-J.4 PLANNING ITEM#68368 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of BRITTANY PRIMMER/BRANDI MILLER for a Conditional Use Permit re family day-care home at 1001 Eagle Point Drive DISTRICT 1 — CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BRITTANYPRIMMER/BRANDI MILLER for a Conditional Use Permit re family day-care home at 1001 Eagle Point Drive (GPIN 1474596808) DISTRICT 1 — CENTER VILLE The following conditions shall be required: 1. Arrival and departure times shall be alternated to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license for the in-home daycare operation with the Commonwealth of Virginia, Department of Social Services. 4. No more than one (1)person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the Home Occupation shall be non-illuminated, not more than one (1) square foot in area and shall only be mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventh day of August, Two Thousand Eighteen Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 | ��- / --�—',--- ^ ` �� / \ | K_� | 7 ., _ Li E` ____ l U �� F-� 1 Li; ..._____________•._______,. `— L_� �~~� [--} r_ ^ 8 /`` �� ', _________ ~`_``_ _ ```. _``.,,`_ &�� ``` _- _._....,...................111....... '`'`_` ``` � 4� CIN ````. `` W� [� 4740 / si (,../N • % i Sk 44 II j---'---------'----T___ I 3. ge- * --� ---= --- IA `` � Q. \ a 82 Item—VII-J.5 PLANNING ITEM#68369 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED, AS CONDITIONED, BY CONSENT,Application of EDITH& DANIEL MONROE for a Conditional Use Permit re family day-care home at 164 Onondaga Road DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of EDITH& DANIEL MONROE for a Conditional Use Permit re family day-care home at 164 Onondaga Road (GPIN 1477225116)DISTRICT 4—BAYSIDE The following conditions shall be required: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license for the in-home daycare operation with the Commonwealth of Virginia, Department of Social Services. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the Home Occupation shall be non-illuminated, not more than one (1)square foot in area and shall only be mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventh day of August, Two Thousand Eighteen Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 K/ : i ) - N ,. 1 1 1 i ) -) CCI k--- c- \ 1 i 1 1 1 „----- -,„_--- \ \ : 1 f I ... 11 .---- I I I (i 111 1 ;. \ II II \, ; \ - ' ---- _ i ------- : , 1 , , I ----\ , . , . 11 ; \------' 0 - ; , I LO Ct• i '' \ , . C __------& ,_-•---\ , , \ : • (5) \---' 0 ,.-----\ \_1 , . f NI,4184.1 or, ,-,--- . . 0 ', C-, 0 , . , . . . , , . , 1 AN IL°z° ' 14 i Nr . • :, .., ,..,..- --, - . ; ,---:-. 6 - I i' (eo b o 11 / //, LO I ',, -Li / \ N. i / • . / , 83 Item—VII-J.6 PLANNING ITEM#68370 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of DONNA C. DENHAM for a Conditional Use Permit re family day-care home at 965 Edwin Drive DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of DONNA C. DENHAM for a Conditional Use Permit re family day-care home at 965 Edwin Drive (GPIN 1476037005)DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license for the in-home daycare operation with the Commonwealth of Virginia,Department of Social Services. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the Home Occupation shall be non-illuminated, not more than one (1)square foot in area and shall only be mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Oficial's Office for use of the house as a Family Day-Care Home. This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventh day of August, Two Thousand Eighteen Voting: 8-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Abstaining: Jessica P.Abbott Council Members Absent: Shannon DS Kane August 7, 2018 -......._,--- U .4; 4.-- "------,_ .4* c gti: 0. ir iPill ci iszie Z b e- ED ci 68 ale 61 * * -,... eill-la umipa os...N ._, 1411k pit 1 wi,c:).... 144 illqllr ci o * air i .,_ 1141 Pnoo -----,. IIII I ) 0 .._ ,....__, *111 *11111111 ---- ) 84 Item—VII-J.7 PLANNING ITEM#68371 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY, BY CONSENT, Application of H & S DEVELOPMENT GROUP, LLC/COLUMBIA CLUB OF VIRGINIA BEACH for a Conditional Use Permit re communications tower at 1236 Prosperity Road DISTRICT 6—BEACH Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 85 Item—VII-J.8 PLANNING ITEM#68372 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of CHRISTOPHER STANKUS for a Conditional Use Permit re commercial kennel at 3612 West Neck Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CHRISTOPHER STANKUS for a Conditional Use Permit re commercial kennel at 3612 West Neck Road (GPIN 2402248457)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. No more than 12 add dogs shall be kept on the property at any time. 2. The dog kennel structure, outdoor dog training area, and fence shall be maintained in a safe and sanitary condition. 3. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 4. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 5. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 6. All dogs shall be kenneled indoors in the dog kennel structure between the hours of 6:00 p.m. to 8:00 a.m., with an exception for breaks for urination and defecation. 7. The Commercial Kennel Conditional Use Permit shall be limited to training of dogs. One-day services, such as dog grooming and daycare, shall be prohibited. 8. All dogs on site for training shall be leashed at all times unless inside the designated training area. 9. The location of the dog kennel and the outdoor dog training area shall be limited to the area designated on the site layout plan included in the StaffReport. 10. Dog shows shall be prohibited. August 7, 2018 86 Item—VII-J.8 PLANNING ITEM#68372 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventh day of August, Two Thousand Eighteen Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 r 1 0 cx 1- 1,1 T ,..„:.___ N. 10 , .._ Q 111\C\III\ ‘ . r--, c-,‘ U% %lg.' \\CS1. ‘. V ,,,-. ... (1.9,,,c.,N,4 . ,,- Q N s \, ;It 4 � E a3 C�, ‘. \, \ isoWINIMINI ,,,..1- ON -- C) ° OCE\ \-\\\\k\N 0 % , WI ‘,.. ‹: N\4\\\\\\::\ \ \\\\ IN \\,,,, ,,,,,..,_*.::9z ,,,.. \\\\\ , 13::\\c \\\::.. t. ,� ;� . \�t�\ , <\ , ...„.„... .tG f _ r 1:.7 _ y)' City of Virginia, Beach ,y _ i }z�1 0�99/F 0�G✓ S OF OUR NAS1O� VBgov.com August 7, 2018 CELL PHONE: (757)577-2068 JESSICA P ABBOTT 57)744-3407 COUNCIL LADY-DISTRICT 2-KEMPSVILLE OFFICE PHONE: VBGOV.COM JABBOTT@ V.COM In Reply Refer to 0063486 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Donna C. Denham for a Conditional Use Permit for property located at 965 Edwin Drive. 2. The applicant is a client of Matt Abbott Insurance. I have a personal interest in Matt Abbott Insurance, which is located at 4646 Princess Anne Road, Suite 103, Virginia Beach, VA 23462. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. S.- ere _.. i - Opp 4.. Jessica P. Ab.ott Councilmember JPA/RRI 4646 PRINCESS ANNE ROAD,SUITE#103,VIRGINIA BEACH,VIRGINIA 23464 87 Item—VII-J.9 PLANNING ITEM#68373 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT, Resolution to AUTHORIZE three (3) Roadside Guide Signs along Atlantic and Pacific Avenues re Edgar Cayce's A.R.E. DISTRICT 5—LYNNHAVEN Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 1 A RESOLUTION AUTHORIZING ROADSIDE GUIDE 2 SIGNS FOR EDGAR CAYCE'S ASSOCIATION FOR 3 RESEARCH AND ENLIGHTENMENT LOCTED AT 215 4 67TH STREET WITH GUIDE SIGN LOCATIONS AT THE 5 INTERSECTION OF SHORE DRIVE AND ATLANTIC 6 AVENUE, 52ND STREET AND ATLANTIC AVENUE AND 7 23RD STREET AND PACIFIC AVENUE 8 9 WHEREAS, Edgar Cayce's Association for Research and Enlightenment 10 ("A.R.E."), (hereinafter the "Applicant), located at 215 67th Street (Lynnhaven District), is 11 an establishment operated exclusively for cultural, literary, scientific and artistic 12 purposes on a not-for-profit basis; and 13 14 WHEREAS, the Applicant has requested that it be allowed to erect three (3) 15 roadside guide signs in the public rights-of-way at the intersection of Shore Drive and 16 Atlantic Avenue, 52nd Street and Atlantic Avenue and 23rd Street and Pacific Avenue in 17 order to provide directions to Edgar Cayce's A.R.E. for the benefit of motorists 18 unfamiliar with its location; and 19 20 WHEREAS, the City Council finds that three (3) roadside guide signs are 21 sufficient to provide motorists with adequate guidance to Edgar Cayce's A.R.E. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the placement of three (3) roadside guide signs by the Applicant is hereby 27 authorized, upon the following conditions: 28 29 1. When the signs are installed, they shall be installed in locations substantially 30 in conformance with the attached exhibit entitled, "Location of Roadside 31 Guide Signs, Edgar Cayce's A.R.E." 32 2. When the signs are installed, the design and color shall be in substantial 33 conformance to the submitted drawing and as described. 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of August , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r— fl C O .;41 Lt. tee / rL ` AIL � ► _ - if Planning Department City At orne Office CA14488/ R-1/July 18, 2018 1 Edgar Cayce's A.R.E. Roadside Guide Signs Page 3 of 4 - • : . , ,. SIGN #3 Location of Roadside --- i i , i. Guide Signs , At traffic light,facing (:,.:•:' i Edgar Cayce's A.R.E. southbound traffic R A t --i L.. • i rt ,L:, -• .. .. ,:•,, ,,‘ SIGN #2 I, 1 • . _ , .f. - % 52"Street and Atlantic \ facing northbound -' , t• . . 1 traffic '1- . • .. • 7.y i . . • , . I • , '_.r i . 1. l'.,. $ t-a 4%.f t 41 i.V k, 0.....,. ....' k it -17 '7.. • v 'V SIGN #1 .... i.7 .....•-' -----a -• I :....h....,_,1,...„‘,...„.._,...., - ..,.• lit 0 I -1 61111bir ; 23rd SntorertethbaonudnPda:ifirafcfifcaci ng Edgar Cayce's A.R.E. Roadside Guide Signs Page 4 of 4 EDGAR CAYCE'S A. R. E. HEADQUARTERS AND VISITOR CENTER BORDER R =1.5" TH =0.5" Panel Style: Cultural.ssi Letter locations M_U_T_C_D_: 2009 Fdition 88 ITEM VII-K APPOINTMENTS ITEM#68374 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS—ELECTRICAL DIVISION COMMUNITY ORGANIZATION GRANT(COG)AND ALLOCATION REVIEW COMMITTEE COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMISSION OLD BEACH DESIGN REVIEW COMMITTEE PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD August 7, 2018 89 ITEM VII-K. APPOINTMENTS ITEM#68375 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: MEGIN R.KENNETT Unexpired term thru 6/30/22 and SUSAN C. GRUBE Four year term 8/7/18- 6/30/22 ART AND HUMANITIES COMMISSION Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 90 ITEM VII-K. APPOINTMENTS ITEM#68376 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: JOY RIOS (Parent Representative) Unexpired term thru 3/31/19 RONI MYERS-DAUB (Virginia Beach City Public Schools Representative) Unexpired term thru 1/31/20 and GAILYN THOMAS (Human Services Representative) Unexpired term thru 1/31/20 COMMUNITY POLICY AND MANAGEMENT TEAM Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 91 ITEM VII-K. APPOINTMENTS ITEM#68377 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: CHRIS FREEMAN Unexpired term thru 10/31/20 ROY FLANAGAN Unexpired term thru 10/31/19 and ALBERT HENLEY Unexpired term thru 10/31/19 GREEN RIBBON COMMITTEE Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent.• Shannon DS Kane August 7, 2018 92 ITEM VII-K. APPOINTMENTS ITEM#68378 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: CHERYL CAALIM (Student Representative) Two year term 9/1/18- 8/31/20 HUMAN RIGHTS COMMISSION Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 93 ITEM VII-K. APPOINTMENTS ITEM#68379 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: ROBERT BEASLEY BARBARA BOOKER-WILLIAMS WILLIAM HEARST Three year term 9/1/18—8/31/21 INVESTIGATIVE REVIEW PANEL Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 94 ITEM VII-K. APPOINTMENTS ITEM#68380 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: VICE MAYOR JAMES L. WOOD RONALD H. WILLIAMS,JR. CAPTAIN CHAD VINCELETTE No Term OCEANA LAND USE CONFORMITY COMMITTEE Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent.' Shannon DS Kane August 7, 2018 95 ITEM VII-K. APPOINTMENTS ITEM#68381 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: JOSEPH A. MONACO (At-Large) Three year term 9/1/18—8/31/21 ALEX HAKIM (Student Representative) Two year term 9/1/18—8/31/20 and REAPPOINTED: PATRICIA DOLAN KEMA GEROUX HUGH TIERNEY Three year term 9/1/18 —8/31/21 PARKS AND RECREATION COMMITTEE Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 96 ITEM VII-K. APPOINTMENTS ITEM#68382 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: DANIEL DES ROCHES Unexpired term thru 2/28/20 PERSONNEL BOARD Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 97 ITEM VII-K. APPOINTMENTS ITEM#68383 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: JASON BARNEY Unexpired term thru 9/30/22 WETLANDS BOARD Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Shannon DS Kane August 7, 2018 98 Item—VII-L ADJOURNMENT ITEM#68384 Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 6:30 P.M. Tern . elius Chief Deputy City Clerk I • anda Barnes, MMC Louis R. Jones City Clerk Mayor City of Virginia Beach Virginia August 7, 2018 99 OPEN DIALOGUE The following individuals registered to speak: Susan Matosek, Norfolk, Phone: 274-9839, requested emergency operators receive crisis intervention training Phillip Van Kleef, 5509 W. Bay Court, Midlothian, Phone: 804-874-8235, spoke in OPPOSITION to gun control Savannah Lindquist, 6404 Natrona Avenue, Norfolk, Phone: 350-9170, spoke in OPPOSITION to gun control George Reynolds, 813-Romney Lane, Phone: 332-0773, spoke in OPPOSITION to gun control Terry Santure, Norfolk, Phone: 449-3200, spoke in OPPOSITION to gun control Neal Jefferies, 5440 Stewart Drive, Phone: 353-1528, spoke in OPPOSITION to gun control John Fenter, 909 W. Ferry Plantation Road, Phone: 971-2991, spoke in OPPOSITION to gun control M. J. Medlar, 968 Culver Lane, Phone: 410-627-1194, spoke in SUPPORT of Food Trucks Bob Olson, 3716 Juniper Lane, Phone: 739-6062, spoke in SUPPORT of Food Trucks Cassandra Ayalla, 1055 Creek View Ridge, Phone: 408-2245, spoke in SUPPORT of Food Trucks Empsy Munden, 2760 Ocean Shore Avenue, Phone: 869-5785, spoke in SUPPORT of Short Term Rental regulations Mrs. Rona Marsh, 4382 Lynnville, Phone: 270-7900, expressed concern regarding flooding THE OPEN DIALOGUE CONCLUDED AT 7:10 P.M. August 7, 2018