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HomeMy WebLinkAbout04-02-19 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL �Nu,Beq MAYOR ROBERT M. "BOBBY"DYER,At Large 4.4e'44/ _cyL VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 O4aa JESSICA P.ABBOTT,Kempsville-District 217-7/1 BARBARA M.HENLEY,Princess Anne-District 7 LOUIS R.JONES,Bayside-District 4 �` SHANNON DS KANE,Rose Hall-District 3 yx� JOHN D.MOSS,At Large '.?`<+,:. 1 VACANT,Beach-District 6 '' "`. AARON R.ROUSE,At Large ROSEMARY WILSON,At Large SABRINA D. WOOTEN,Centerville-District I CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-DAVID L.HANSEN CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR RONALD D.AGNOR April 2, 2019 FAX(757)385-5669 CITY AUDITOR LYNDONS.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room- 1:00 PM A. AQUARIUM PARKING LEASE Robert Matthias, Assistant to the City Manager for Legislative and Military Affairs Cynthia Whitbred-Spanoulis, Director—Aquarium, Historic Houses and Museums B. SUMMER YOUTH PROGRAM Tiffany Cowell, Youth Opportunities Office Coordinator C. FY 2019-20 RESOURCE MANAGEMENT PLAN (Budget) 1. HUMAN SERVICES Dr. Donald Kirtland, Deputy Director—Continuous Quality Improvement Gailyn Thomas, Deputy Director— Social Services Aileen Smith, Deputy Director—Behavioral Health/Development Services 2. HEALTH DEPARTMENT Dr. Demetria Lindsay, Acting Health Director Paul Brumund, Acting Business Manager 3. HOUSING and NEIGHBORHOOD PRESERVATION Andrew Friedman, Director 4. OFFICE OF CULTURAL AFFAIRS Emily Labows, Director 5. AQUARIUM, HISTORIC HOUSES and MUSEUMS Cynthia Whitbred-Spanoulis, Director 6. PARKS and RECREATION Michael Kirschman, Director II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Reverend Dr. Prentis McGoldrick Senior Pastor, Thalia Lynn Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS March 19, 2019 G. MAYOR'S PRESENTATION 1. CHILD ABUSE PREVENTION MONTH Season Roberts, Executive Director—Court Appointed Special Advocates (CASA) H. PUBLIC HEARING 1. LEASE OF CITY PROPERTY—OLD COAST GUARD STATION 24th Street and Atlantic Avenue I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Resolution to DIRECT the City Manager to consider Opportunity Zones as a major factor in the Capital Improvement Program (CIP) (Deferred from March 5, 2019) 2. Resolution to ESTABLISH a 12% aspirational goal re Minority-Owned Business Participation in City contracts 3. Resolution to DISSOLVE the Virginia Beach Domestic Violence Family Fatality Review Team and thank the Members for their service. 4. Resolution to ADD a Member to the Virginia Beach Community Policy and Management Team re representative of the Tidewater Youth Services Commission 5. Ordinance to CONVERT two (2) part-time positions to one (1) full-time position re Police Department for the Animal Care and Adoption Center and TRANSFER corresponding positions from part-time to full-time budget unit 6. Ordinance to AUTHORIZE the City Manager to EXECUTE an AMENDED and RESTATED Agreement between the City and Virginia Aquarium & Marine Science Center Foundation, Inc., re clarify responsibilities of the parties, provision of support staff, routine repair and maintenance, disposition of revenue and identifies the location of property utilized for the Adventure Park 7. Ordinance to ADOPT the 2019 Housing Choice Voucher Annual Agency Plan, including a revised Administrative Plan; and, AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plans to the U.S. Department of Housing and Urban Development (HUD) 8. Ordinance to EXTEND the date for satisfying the conditions re closure of an unimproved portion of Singleton Way, South Witchduck and Princess Anne Roads (approved April 22, 2014) 9. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement with the Virginia Beach School Board re use of school buses during Something in the Water Festival and APPROPRIATE $350,000 in estimated reimbursements 10. Ordinances to APPROPRIATE: a. $39,177 to Blackwater Volunteer Rescue Squad re interest-free loan to purchase replacement ambulance with required equipment b. $300,000 to Virginia Beach Volunteer Rescue Squad, Inc., re interest-free loan to purchase two (2) replacement ambulances K. PLANNING 1. CLEAR CREEK HOLDINGS,LLC for a Conditional Change of Zoning from R-10 Residential & I-1 Light Industrial to Conditional I-1 Light Industrial at a vacant parcel off of South Birdneck Road, approximately 680 feet from Carissa Court re construct three (3) buildings for industrial office/warehouse units DISTRICT 6—BEACH (Deferred from March 19, 2019) RECOMMENDATION: APPROVAL L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY BOARD BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 2019 CITY COUNCIL MEETINGS Tuesday,April 9 Special Session/Workshop Tuesday,April 16 Formal Session Tuesday,April 23 Special Session/Workshop Tuesday,April 24 Special Session/Public Hearing—Old Donation School Tuesday,April 30 Special Session/Public Hearing Tuesday,May 7 Formal Session Tuesday,May 14 Special Session PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 **************************** 04/02/19 jag MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:00 PM A. AQUARIUM PARKING LEASE Robert Matthias, Assistant to the City Manager for Legislative and Military Affairs Cynthia Whitbred-Spanoulis, Director—Aquarium, Historic Houses and Museums B. SUMMER YOUTH PROGRAM Tiffany Cowell, Youth Opportunities Office Coordinator C. FY 2019-20 RESOURCE MANAGEMENT PLAN (Budget) 1. HUMAN SERVICES Dr. Donald Kirtland, Deputy Director—Continuous Quality Improvement Gailyn Thomas, Deputy Director— Social Services Aileen Smith, Deputy Director—Behavioral Health/Development Services 2. HEALTH DEPARTMENT Dr. Demetria Lindsay, Acting Health Director Paul Brumund, Acting Business Manager 3. HOUSING and NEIGHBORHOOD PRESERVATION Andrew Friedman, Director 4. OFFICE OF CULTURAL AFFAIRS Emily Labows, Director 5. AQUARIUM, HISTORIC HOUSES and MUSEUMS Cynthia Whitbred-Spanoulis, Director 6. PARKS and RECREATION Michael Kirschman, Director II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 4:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Reverend Dr. Prentis McGoldrick Senior Pastor, Thalia Lynn Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS March 19, 2019 G. MAYOR'S PRESENTATION 1. CHILD ABUSE PREVENTION MONTH Season Roberts, Executive Director—Court Appointed Special Advocates (CASA) cy L `. r so _ rr 94-8 of OUR NAt�� e� firotlitmettion ?Whereas (Preventing child abuse and neglect is a community responsi6iuty that depends on involvement among people throughout the community;and Whereas Child maltreatment occurs when people find themselves in stressful situations, without community resources and without coping skiffs;and Whereas ?Vie majority of child abuse cases stem from situations and conditions that are preventable in an engaged and supportive community;and Whereat Aff citizens should become involved in supporting families in raising their children in a safe,nurturing environment;and Where= Effective child abuse prevention programs succeed because of partnerships created among famiaes,social service agencies,schools,faith communities,civic organizations, law enforcement agencies,and the business community;and- Whereat ndWhereas Virginia Beach Court Appointed Special Advocates, Inc. (CASA) is hosting its (Pinwheels for (Prevention Campaign to coincide with the national Child Abuse (Prevention afonth activities;and WVereas Community volunteers have planted 3,000 pinwheels on the fawn of the Juvenile and (Domestic dations Court to represent the number of children served by the Virginia Beach CASA office over the past 30 years. Now,Therefore,I,4jp6ert IL Dyer,9tayorof the City of Virginia Beach,Virginia,do hereby proclaim: April-2019 Child'Abuse men tion Montfi In Vtrginia Beach, and call upon all citizens, community agencies,faith groups, medicalfacilities, and businesses to increase their participation in ourorts to support families, thereby preventing child abuse and neglect and strengthening the communities in which we live. In'W"etnus Whereof I have hereunto set my hand and caused the OfficialSeal of the City of Virginia Beach, Virginia,to 6e affited this SecondDDay ofAprit;Two'Thousand Nineteen. 9,4 1 —_ `Rp6ert 9K. Bo66y'Dyer / — Mayor H. PUBLIC HEARING 1. LEASE OF CITY PROPERTY—OLD COAST GUARD STATION 24th Street and Atlantic Avenue • x FS nue e01. PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday,April 2,2019 at 6:00 p.m. in the Council Chamber,City Hall- Bldg. #1, at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment on the proposed lease of the following City-owned property for the purpose of a maritime museum: Approximately 12,000 square feet, located at 24'^ Street and Atlantic Avenue, (GPIN 2427-19-4622)together with the building commonly known as the `Old Coast Guard Building" Any questions concerning this matter should be directed to the Dept. of Public Works, Facilities Management Office, Bldg. 18, Room 228,(757)385-5659. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303;Hearing impaired,call: TDD only 711(TDD - Telephonic Device for the Deaf). All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON:Sunday,March 24, 2019 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Resolution to DIRECT the City Manager to consider Opportunity Zones as a major factor in the Capital Improvement Program (CIP) (Deferred from March 5, 2019) 2. Resolution to ESTABLISH a 12% aspirational goal re Minority-Owned Business Participation in City contracts 3. Resolution to DISSOLVE the Virginia Beach Domestic Violence Family Fatality Review Team and thank the Members for their service. 4. Resolution to ADD a Member to the Virginia Beach Community Policy and Management Team re representative of the Tidewater Youth Services Commission 5. Ordinance to CONVERT two (2) part-time positions to one (1) full-time position re Police Department for the Animal Care and Adoption Center and TRANSFER corresponding positions from part-time to full-time budget unit 6. Ordinance to AUTHORIZE the City Manager to EXECUTE an AMENDED and RESTATED Agreement between the City and Virginia Aquarium & Marine Science Center Foundation, Inc., re clarify responsibilities of the parties, provision of support staff, routine repair and maintenance, disposition of revenue and identifies the location of property utilized for the Adventure Park 7. Ordinance to ADOPT the 2019 Housing Choice Voucher Annual Agency Plan, including a revised Administrative Plan; and, AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plans to the U.S. Department of Housing and Urban Development (HUD) 8. Ordinance to EXTEND the date for satisfying the conditions re closure of an unimproved portion of Singleton Way, South Witchduck and Princess Anne Roads (approved April 22, 2014) 9. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement with the Virginia Beach School Board re use of school buses during Something in the Water Festival and APPROPRIATE $350,000 in estimated reimbursements 10. Ordinances to APPROPRIATE: a. $39,177 to Blackwater Volunteer Rescue Squad re interest-free loan to purchase replacement ambulance with required equipment b. $300,000 to Virginia Beach Volunteer Rescue Squad, Inc., re interest-free loan to purchase two (2) replacement ambulances r - - , , ,, _ - - _a - ,- !in Bim` r +trC,>f' ,E :11 Ca a>y.. Lv CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A Resolution Directing the City Manager to Consider Opportunity Zones as a Major Factor in the Capital Improvement Program MEETING DATE: April 2, 2019 • Background: The Federal Tax Cuts and Jobs Act of 2017 provides tax incentives for investors who re-invest unrealized capital gains into a designated Opportunity Zone. The City has eight Opportunity Zones (with Census Tract number): • 51810000442.00 —Seatack • 51810000402.00 — Burton Station • 51810000410.02 —Central Village District • 51810000456.04— Bonney Road • 51810000448.06 — Hilltop South of 1-264 • 51810000454.08—Corporate Landing • 51810000454.07 — Lynnhaven • 51810000448.05 — Hilltop North of 1-264 The City Council received a briefing on the topic of Opportunity Zones at its Informal Session on February 19, 2019. As discussed at that briefing there are benefits to investing unrealized capital gains within certain investment windows. The City Council recognizes that investor decisions will be influenced by Council's projected investments in public infrastructure in the opportunity zones and expects investors to propose various forms of city support in the development and funding of their projects the opportunity zones. Accordingly, the effort to focus on these areas is intended to allow investors to utilize the optimal investment window offered under federal tax law. • Considerations: The attached resolution directs the City Manager to consider Opportunity Zones as a major factor when assembling the upcoming Capital Improvement Program. That consideration is to be accomplished in three actions. First, the City Manager is directed to develop a comprehensive list of potential Capital Improvement Projects for public amenities and infrastructure, specifically road and stormwater improvements, within the Opportunity Zones. Second, the Manager is to develop uniform policies and procedures for the submission and review of proposals for private investment contingent on City investment in specific Capital Improvement Projections within the Opportunity Zones. Third, the Manager is to develop uniform policies and procedures for the discussion and disposition by council of the proposals as part of the Capital Improvement Projects' budget development process. At the March 5, 2019, Formal Session, the Council deferred this item to April 2nd • Public Information: Public information will be provided through the normal Council agenda process. The topic of Opportunity Zones was briefed to the Council at its Informal Session on February 19, 2019. This item was previously on the Council Agenda for March 5, 2019. • Attachments: Resolution Originally Requested by Councilmember Nygaard. Deferred to April 2nd by the City Council. ORIGINALLY REQUESTED BY COUNCILMEMBER NYGAARD, DEFERRED TO APRIL 2ND BY THE CITY COUNCIL 1 A RESOLUTION DIRECTING THE CITY MANAGER 2 TO CONSIDER OPPORTUNITY ZONES AS A MAJOR 3 FACTOR IN THE CAPITAL IMPROVEMENT 4 PROGRAM 5 6 WHEREAS, the Federal Tax Cuts and Jobs Act of 2017 provides tax incentives 7 for investors who re-invest unrealized capital gains into a designated Opportunity Zone; 8 9 WHEREAS, the City has eight Opportunity Zones; 10 11 WHEREAS, the Council recognizes that in order to maximize the financial 12 benefits of investing in Opportunity Zones time is of the essence; 13 14 WHEREAS, the Council recognizes that investor decisions will be influenced by 15 Council's projected investments in public infrastructure in the Opportunity Zones; 16 17 WHEREAS, the Council expects investors to propose various forms of City 18 support in the development and funding of projects in the Opportunity Zones; 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the City Manager is hereby directed to: 24 25 1. Develop a comprehensive list of potential Capital Improvement Projects for 26 public amenities and infrastructure, specifically road and stormwater improvements, 27 within the Opportunity Zones. 28 29 2. Develop uniform policies and procedures for the submission and review of 30 proposals for private investment contingent on City investment in specific Capital 31 Improvement Projections within the Opportunity Zones. 32 33 3. Develop uniform policies and procedures for the discussion and disposition by 34 Council of the proposals as part of the Capital Improvement Projects' budget 35 development process. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. APP D AS TO LEGAL SUFFICIENCY: City-Attorney's Office CA14689/R-3/March 26, 2019 r,c0 a H ji CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Setting a 12% Aspirational Goal for Minority-Owned Business Participation in City Contracts MEETING DATE: April 2, 2019 • Background: In 1995, in furtherance of City Council's commitment to its established policy of equal opportunity and nondiscrimination in City procurement, City Council enacted City Code provisions to help ensure that minority-owned businesses are made aware of City contracting opportunities. At the same time, Council created the Minority Business Council ("MBC"). Among other things, the MBC was tasked with providing advice and information to City Council regarding minority participation in City contracts. In coordination with the MBC, the City Council adopted a resolution in 2008 setting an aspirational goal of 10% for minority-owned business participation in City contracts. Early this year, the City received the results from a Disparity Study (the "Study"). Among other findings, the Study found the appropriate goal for minority- owned business participation should be 12%. At its March 15, 2019, meeting, the MBC unanimously voted in favor of supporting a resolution to move the City's aspirational goal to 12%. • Considerations: The attached resolution reinforces the Council's commitment to equal opportunity and nondiscrimination in procurement, and it reaffirms the City's policy of encouraging the participation of minority-owned businesses in City procurement activities. To that end, the resolution reestablishes the City's aspirational goal for minority-owned business participation at 12%. The resolution further directs the City Manager to make an annual report to the Council providing the fiscal year award amounts in furtherance of the 12% goal. • Public Information: Normal Council Agenda process. • Attachments: Resolution Requested by Councilmembers Kane, Rouse, and Wooten Requested by Councilmembers Kane, Rouse, and Wooten 1 A RESOLUTION SETTING A 12% ASPIRATIONAL 2 GOAL FOR MINORITY-OWNED BUSINESS 3 PARTICIPATION IN CITY CONTRACTS 4 5 WHEREAS, City Council is committed to the City's established policy of equal 6 opportunity and nondiscrimination in procurement, and supports economic advancement 7 for all of its citizens; 8 9 WHEREAS, City Council reaffirms the City's policy of encouraging the participation 10 of minority-owned businesses in City procurement activities; 11 12 WHEREAS, in May 2008, City council adopted a resolution establishing a 10% 13 aspirational goal for minority-owned business participation in City contracts; 14 15 WHEREAS, the recently completed Disparity Study found the appropriate goal for 16 the City is 12% 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That the City Council hereby sets the City's aspirational goal for minority-owned 22 business participation in City contracts at 12%. 23 24 BE IT FURTHER RESOLVED: 25 26 That the City Manager shall make an annual report to the Council providing the 27 fiscal year award amounts in furtherance of the 12% aspirational goal for minority-owned 28 business participation in City contracts. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: \ J J - J� City*torrvey's Office CA14633 R-2 March 25, 2019 �nU 8� .Eyew "---,, x CITY OF VIRGINIA BEACH LAGENDA ITEM J ITEM: A Resolution Dissolving the Virginia Beach Domestic Violence Fatality Review Team and Thanking Its Members for Their Service MEETING DATE: April 2, 2019 • Background: The General Assembly, upon the request of a task force of the Virginia Commission on Family Violence Prevention, adopted legislation designed to address domestic violence fatalities. The legislation authorizes localities to establish family violence fatality teams to examine fatal family violence incidents and to create a body of information to help prevent family violence fatalities. In 2014, at the request of the Commonwealth's Attorney, and with the recommendation of the City Manager, the City Council established the Virginia Beach Domestic Violence Fatality Review Team. Team members included representatives of the Commonwealth's Attorney's Office, the Virginia Beach Police Department, the Tidewater Medical Examiner's Office, the City's Department of Social Services, Virginia Beach Community Corrections and Pretrial, the Office of the City Magistrate, the Commonwealth's Attorney's Victim Witness Office, Navy Fleet and Family Support Center, Samaritan House, Sentara Norfolk General Hospital, and CHKD. The Team engaged agencies, organizations and systems that provide services to victims and perpetrators to identify gaps in system responses and provide for increased communication and collaboration amongst the agencies involved; evaluated events that lead to family and intimate partner violence fatalities; and developed recommendations to benefit the community and improve public safety. • Considerations: The team has issued its final report based on the team's review of domestic violence fatalities in the City from 2005 to 2015. The report, a copy of which is attached, includes key findings and recommendations that have been implemented or are in the process of being implemented. With the issuance of this report, the team's work is complete, and the Commonwealth's Attorney's Office has requested that the team be dissolved. This resolution dissolves the team and thanks its members for their work and dedication to help prevent family violence fatalities. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution and Report. Recommended Action: Approval Ilik Submitting Dep. •m: • . • gency: Commonwealth's Attorney A8 City Manager: ,,1, 1 A RESOLUTION DISSOLVING THE VIRGINIA BEACH 2 DOMESTIC VIOLENCE FATALITY REVIEW TEAM AND 3 THANKING ITS MEMBERS FOR THEIR SERVICE 4 WHEREAS, in 2014, the Commonwealth's Attorney requested, and the City 5 Manager recommended, that the Virginia Beach City Council establish a domestic 6 violence fatality review team (the "Review Team") for Virginia Beach in accordance with 7 Virginia Code § 32.1-283.3, which authorizes localities to establish family violence 8 fatality teams "to examine fatal family violence incidents and to create a body of 9 information to help prevent family violence fatalities"; and 10 WHEREAS, the City Council agreed that establishment of such a Review Team 11 would serve an important public purpose and adopted a resolution establishing such a 12 team for Virginia Beach; and 13 WHEREAS, team members included representatives of the Commonwealth's 14 Attorney's Office, the Virginia Beach Police Department, the Tidewater Medical 15 Examiner's Office, the City's Department of Social Services, Virginia Beach Community 16 Corrections and Pretrial, the Office of the City Magistrate, the Commonwealth's 17 Attorney's Victim Witness Office, Navy Fleet and Family Support Center, Samaritan 18 House, Sentara Norfolk General Hospital, and CHKD's Child Abuse Program; and 19 WHEREAS, the Virginia Beach Domestic Fatality Review Team has issued its 20 final report, based on the team's review of domestic violence fatalities in the City from 21 2005 to 2015, and the report includes key findings and recommendations that have 22 been implemented or are in the process of being implemented; and 23 WHEREAS, with the issuance of this report, the team's work is complete, and the 24 Commonwealth's Attorney's Office has requested that the team be dissolved. 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA, THAT: 27 1. The City Council hereby receives the Virginia Beach Domestic Violence Fatality 28 Review Team Final Report, and with the team's work now completed, hereby 29 dissolves the team. 30 2. The City Council thanks the members of the team for their hard work and 31 dedication to help prevent family violence fatalities. 32 Adopted by the Council of the City of Virginia Beach, Virginia on the 33 day of 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: •j Commonwealth's Attorney's Office City A orn' 's Office CA14716 R-1 March 19, 2019 Virginia Beach Domestic Violence Fatality Review Team Final Report January 2019 -IA•BE �ti� . ' (� 1, -. 1 * . * ^',tee ; a Vis` IA,, it 17 S OF OUR N \ONS A Review of Domestic Violence Fatalities Virginia Beach, Virginia 2005-2015 1 TABLE OF CONTENTS Acknowledgements 3 Mission Statement and Purpose ..4 Findings and Recommendations 6 References 9 Appendices Executive Summary I Virginia Statute Regarding Fatality Review Teams .II Confidentiality Agreement Council Resolution Authorizing the Team IV, V Aggregate Case Facts Data Collection Form VI 2 ACKNOWLEDGMENTS The Virginia Beach Domestic Violence Fatality Review Team is grateful to the Virginia Beach City Council and the leaders of our participating agencies for providing us with the opportunity to convene and review domestic violence-related fatalities in the city. The following individuals have generously given their time and expertise by serving as members of the Virginia Beach Domestic Violence Fatality Review Team: Corey Burdin, Victim Witness Caseworker II, Office of the Commonwealth's Attorney Victim Witness Office Thomas Cahill, Virginia Beach Office of the Magistrate Patrick Connolly, Deputy Commonwealth's Attorney, Virginia Beach Office of the Commonwealth's Attorney Toni Fox,Navy Fleet and Family Support Center, NAS Oceana Pat Harris, Lieutenant, Virginia Beach Police Department, Detective Bureau Angela Hicks, DHS Mental Health and Substance Abuse Division/Crisis Management Sharon Jones, Virginia Beach Community Corrections and Pretrial Laura Kaiser, Captain, Virginia Beach Police Department, Detective Bureau Dr. Elizabeth Kinnison, Medical Examiner, Tidewater Medical Examiner's Office Angie Laing, Forensic Nurse Examiner Program Coordinator, Sentara Norfolk General Hospital Carter McKay, Community Outreach Supervisor, Children's Hospital of The King's Daughters, Child Abuse Program Haley Raimondi, Samaritan House Maryanne Richards, Child Protective Services, City of Virginia Beach Larissa Sutherland, Samaritan House Laura Tsai, Virginia Beach Office of the Magistrate James Woods, City Council, Virginia Beach City Council 3 Mission Statement The Virginia Beach Domestic Violence Fatality Review Team's mission is to enhance the coordinated agency and community response to violence and decrease future domestic violence/intimate partner fatalities. The team is committed to reviewing the events and circumstances of past domestic violence related deaths, identifying gaps in services, making recommendations, and forming intervention initiatives to improve the Virginia Beach community's response to violence. Objectives for the Virginia Beach Domestic Violence Fatality Review Team are: 1. To assess findings, gather data, identify trends, and provide recommendations from fatality reviews to decrease the incidence of domestic and intimate partner violence and fatalities. 2. Provide protective and safety measures for victims and hold offenders accountable. 3. Identify and address gaps and barriers to services. 4. Promote communication between agencies to improve the response and coordination of services to victims of family and intimate partner violence. Enacted by the Virginia General Assembly in 1999, the Code of Virginia § 32.1-283.3 appeals for"Any county or city, or combination of counties, cities, or counties and cities, may establish a family violence fatality review team to examine fatal family violence incidents and to create a body of information to help prevent future family violence fatalities".' 31% of homicides in 2014 in Virginia were related to family and intimate partner violence. Established in 2014, the Virginia Beach Domestic Violence Fatality Review Team (VBDVFRT) reviewed five family and intimate partner violence fatality cases, resulting in six deaths that occurred between 2005 and 2015. According to the Virginia State Police's Crime in Virginia 4 Reports, there were a total of 189 murders/non-negligent manslaughters in the city of Virginia Beach from 2005 to 2015. Comprised of representatives from various city agencies and community organizations, the VBDVFRT is a multi-agency, interdisciplinary collaboration of professionals created to examine homicides, suicides, and homicide-suicides of family and intimate partner related cases. The team met quarterly to review and evaluate domestic violence-related fatalities, analyze and identify any system gaps, recognize areas of success and make improvements to decrease the incidence of family and intimate partner violence and death in the city of Virginia Beach. 'v Team members presented and discussed any information, data, court documents, investigation reports, photographs, and media reports regarding each case. The information discussed in each case was confidential, pursuant to the Code of Virginia § 32.1-283.3 section (f).° VBDVFRT members signed a confidentiality agreement form to not disclose any information or material discussed or reviewed in meetings and case reviews. The VBDVFRT presented its final report based on information gathered between 2005 and 2015. The City of Virginia Beach Virginia Beach is the largest city in the Commonwealth of Virginia. In 2016, the estimated population for the City of Virginia Beach is 452,602 containing 166,242 households." Located in the southeastern corner of Virginia, it hosts abundant wildlife preserves and parks. It is surrounded by 38 miles of the Chesapeake Bay and Atlantic Ocean beaches and boasts a vibrant and popular resort area offering a wide range of activities for residents and visitors. Town Center, a vibrant urban development located in the heart of Virginia Beach's Central Business District, features a mix of restaurants, retail, office and luxury residential units, entertainment, and a public plaza. Virginia Beach is home to 3 military bases, NAS Oceana, NAB Little Creek, FTC Dam Neck and the U.S. Army's Fort Story. Virginia Beach also has the nation's largest volunteer prehospital emergency medical services that respond to over 44,000 emergency calls each year. 5 Highlights/Key Findings from Reviews: The Virginia Beach Domestic Violence Fatality Review Team conducted extensive reviews of five family and intimate partner violence-related fatalities that occurred between 2005 and 2015. The following are the prominent findings from the team's review: • All victims except one were white. • All victims except two were current or former partners. • All perpetrators except for one had a history of psychiatric problems. • All perpetrators except two had access to firearms. • All victims except for one did not seek help from agencies or community systems that provided service(s). Even in cases in which the victims had previously called police. Recommendations Implemented or In Progress: Based on the team findings, the VBDVFRT recognized both a need and an opportunity to reach out to agencies, community, and nonprofits in the area and provide education and resources to them, raising awareness of domestic violence. The recommendations can be used to create better systems, policies, and procedures to decrease domestic violence-related homicides. Professional Training • Training of law enforcement, court personnel, first responders, service providers and the community should include information better identifying victims at risk and connecting victims and family members to community-based providers and domestic violence advocacy services. • Increase the awareness of lethality risk factors to include separation. Be aware of the risks associated with separation and include question(s) about it on the lethality risk assessment. Separation can include verbal statements the victim has made about leaving 6 a relationship to filing for divorce. Victims who have either separated or plan to separate from a violent partner are at greater risk for harm and/or serious injury. • Education and outreach about domestic/intimate partner violence should be made to vulnerable populations such as older adults, minorities, persons with disabilities, persons with mental health issues, and the LGBT community. • Increase the response to families impacted by domestic violence who represent a wide range of religious, cultural, and ethnic (including the military) backgrounds. Systems Coordination and Improvement The Samaritan House has since implemented initiatives where: • a victim advocate is stationed in the Juvenile Domestic Relations Court to represent victims in the court setting. • they enhanced their Coordinated Crisis Response Hotline to include a registration number to provide better tracking of victim calls and data. • they continue to educate agencies, courts, service providers, and the community about the dynamics of domestic violence and stalking, including indicators of lethality, and the significance of community involvement in prevention of these crimes. The Virginia Beach Police Department(VBPD) has already implemented the Lethality Assessment Protocol (LAP) in February 2017. • The LAP is a collaboration between VBPD and a victim advocacy group such as the Samaritan House in situations where a police officer responding to the scene of a domestic violence incident utilizes a brief lethality assessment screen to identify victims at high risk of homicide, increase prevention and decrease the incidence violence. • If a victim is deemed as a high risk based on the lethality screen, the officer put the victim in telephone contact with an advocate from Samaritan House. • The Samaritan House or victim advocate provides the victim with safety planning, advocacy, and referral for services. Sentara Healthcare Emergency Departments based in Virginia Beach and Norfolk require staff to have yearly training in domestic violence screening and the management of those at risk and are victims of violence. 7 The Samaritan House, VBPD, and participating agencies hold the Coordinated Crisis Response Team meetings on the first Tuesday every other month to identify any gaps or improvement of services, keeping each other informed and up-to date with new practices, emerging trends, and changing the culture in the response to victims of violence. One of the greatest values of having a fatality review are the lessons learned from reviewing these tragic fatalities, and how these lessons can improve agency and community responses. The VBFRT report is a document that is used to provide information to the public, agencies, and organizations that can have influence in having its recommendations supported and used as a vehicle to promote social change. Reports from fatality reviews prove to be an excellent tool to provide a more accurate view of domestic and intimate partner violence and lethality assessment issues for responding agencies, advocacy services, and the community. 8 References 'Va. Code Section 32.1-283.3(c) Family and Intimate Partner Homicide Surveillance Project,Va. Dept. of Health,Office of the Chief Medical Examiner, November, 2016. "'http://www.vsp.state.va.us/downloads/Crime in Virginia/Crime in Virginia 2015.pdf iv http://www.vdh.virginia.gov/medical-examiner/fatality-review-surveillance-programs-reports/domestic-violence- fatality-review/ Va.Code Section 32.1-283.3(f) "https://www.census.gov/quickfacts/fact/table/virginiabeachcityvirginia,US/PST045216 9 Go CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Adding a Member to the City of Virginia Beach Community Policy and Management Team MEETING DATE: April 2, 2019 • Background: In 1992, the General Assembly enacted The Comprehensive Services Act for At-Risk Youth and Families ("CSA") to create a coordinated system of services and funding to meet the needs of troubled youth and their families and at-risk children. That same year, the City Council by resolution established the City of Virginia Beach Community Policy and Management Team ("CPMT") to receive CSA funds and implement the mandates of the CSA. The Tidewater Youth Services Commission is a regional public agency created in 1978 to coordinate needed services for children that works in close partnership with departments of social services and juvenile courts throughout Hampton Roads to offer a continuum of community-based therapeutic services. • Considerations: A representative of the commission serves as a member of the CPMTs of most other Hampton Roads localities, and Virginia Beach's CPMT would benefit by having a representative of the Tidewater Youth Services Commission serve on the team. This resolution, which is supported by the City's CPMT, would add a representative of the commission to the City's CPMT. The representative would not be subject to term limits but, like all members of the CPMT, would serve at the pleasure of the City Council. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Recommended Action: Approval Submitting Dep- ; iency: Human Services City Manager: 1 A RESOLUTION REGARDING THE CITY OF VIRGINIA 2 BEACH COMMUNITY POLICY AND MANAGEMENT TEAM 3 WHEREAS, the 1992 Virginia General Assembly enacted The Comprehensive 4 Services Act for At-Risk Youth and Families ("CSA") to create a coordinated system of 5 services and funding to meet the needs of troubled youth and their families and at-risk 6 children; 7 8 WHEREAS, also in 1992, the City Council by resolution established the City of 9 Virginia Beach Community Policy and Management Team to receive CSA funds and 10 implement the mandates of the CSA; 11 12 WHEREAS, the Tidewater Youth Services Commission is a regional public agency 13 created in 1978 to coordinate needed services for children that works in close partnership 14 with departments of social services and juvenile courts throughout Hampton Roads to 15 offer a continuum of community-based therapeutic services; and 16 17 WHEREAS, the City's Community Policy and Management Team would benefit by 18 having a representative of the Tidewater Youth Services Commission serve on the team. 19 20 NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF 21 VIRGINIA BEACH: 22 That the City of Virginia Beach Community Policy and Management Team shall 23 include a representative of the Tidewater Youth Services Commission, and this 24 representative shall not be subject to term limits but shall serve at the pleasure of the City 25 Council. 26 Adopted by the Council of the City of Virginia Beach, Virginia on the day 27 of 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Human Services City Attor y's Office CA14721 R-1 March 20, 2019 / Gil"niAFl i_ 52) s� CITY OF VIRGINIA BEACH AGENDA ITEM .1 ITEM: An Ordinance to Convert Two Part-Time Positions to One Full-Time Position in the Police Department for the Animal Care and Adoption Center and to Make a Corresponding Budget Transfer MEETING DATE: April 2, 2019 • Background: In order to conduct medical procedures, the Virginia Beach Animal Care and Adoption Center (ACAC) requires the presence of both a veterinarian and a licensed veterinary technician. Presently, the ACAC has one full-time veterinarian, one full-time licensed veterinary technician, and one part-time veterinary technician. Together, these staff members conduct about 2,000 surgeries per year. The Police Department has requested the reclassification of the part-time veterinary technician position to a full-time position. The current part-time position is vacant, and recruitment efforts to fill this position have been unsuccessful. In two separate attempts to fill the vacancy, zero applicants that met the position's minimum qualifications were identified. In a highly competitive job market, the part-time nature of this position is not conducive to the recruitment of qualified applicants. Therefore, converting the current part-time position to a full-time position will enhance recruitment efforts. Conversion to a full-time veterinary technician will also address workload challenges that presently exists in the ACAC's veterinary suite regarding the volume of animals that require medical care. • Considerations: In order to fund this position, the Police Department proposes the conversation of one part-time position to one full-time position and the elimination of another part-time position. The part-time position intended to be converted is the existing part-time veterinary technician position and a vacant part-time office assistant within the Police Department's Special Operations division is to be eliminated. Together, these part-time positions equal 1.3 FTEs. They would be replaced by 1 full-time veterinary technician for a net reduction of 0.3 FTEs. The attached ordinance will transfer funds from the Police Department's part-time salary accounts to their full-time salary accounts that will fully fund this conversion for the remainder of FY 2018-19. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De. - . - • Agency: Police Department City Manager: 1 1 AN ORDINANCE TO CONVERT TWO PART-TIME 2 POSITIONS TO ONE FULL-TIME POSITION IN THE 3 POLICE DEPARTMENT FOR THE ANIMAL CARE AND 4 ADOPTION CENTER AND TO MAKE A CORRESPONDING 5 BUDGET TRANSFER 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1) In the Virginia Beach Police Department's Fiscal Year 2018-19 Operating Budget, 11 one veterinary technician part-time position is hereby converted to a full-time 12 position. In addition, one part-time office assistant position is hereby eliminated. 13 14 2) The total positional count in the Virginia Beach Police Department's Fiscal Year 15 2018-19 Operating Budget is hereby reduced by 0.3 FTEs. 16 17 3) $10,000 in the Police Department's Fiscal Year 2019-20 Operating Budget is 18 transferred from Part-Time Salary accounts to Full-Time Salary accounts. 19 20 Adopted by the Council of the City of Virginia Beach, Virginia on the day 21 of 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ( (t '• Budget & Management Services ) City Porn- 's Office CA14717 R-1 March 20, 2019 GNU' 1.1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute an Amended and Restated Agreement Between the City of Virginia Beach and the Virginia Aquarium & Marine Science Center Foundation, Inc. MEETING DATE: April 2, 2019 • Background: The Virginia Aquarium & Marine Science Center Foundation, Inc. ("Foundation") was organized and chartered as a private non-stock corporation on October 29, 1981 with a tax exempt status under section 501 (c)(3) of the Internal Revenue Code. The Foundation was formed, and has functioned for many years, for the purpose of supporting the Virginia Aquarium & Marine Science Center ("Aquarium") and its programs, assisting in the identification, acquisition and construction of exhibits for the Aquarium, providing financial support for the Aquarium, and inspiring conservation of the marine environment through education, research and sustainable practices. In 2002, the City and the Foundation (collectively, "parties") entered into an Operating Agreement and a Memorandum of Understanding for the purpose of memorializing the relationship between the parties. The Operating Agreement and the Memorandum of Understanding expired in 2012. In 2012, the parties executed a new Agreement. The Agreement was subsequently amended in 2013, 2014 and 2017. • Considerations: The City and the Foundation desire to enter into an Amended and Restated Agreement for the purpose of consolidating and updating the provisions of the 2012 Agreement and the three amendments thereto. Specifically, the Amended and Restated agreement clarifies the responsibilities of the parties, including operating procedures, the provision of support staff, and routine repair and maintenance, addresses the disposition of revenue, and correctly identifies the location of the property utilized for the Adventure Park. A summary of the terms of the Agreement is attached to the Ordinance. • Public Information: The public will be informed through the normal agenda process. • Attachments: Ordinance, Summary of Terms and Disclosure Statement Recommended Action: Adopt Ordinance Submitting De•art - • Agency: Department of Aquarium, Historic Houses and Museums City Manager: I 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE AN AMENDED AND RESTATED AGREEMENT 3 BETWEEN THE CITY AND THE VIRGINIA AQUARIUM & 4 MARINE SCIENCE CENTER FOUNDATION, INC. 5 6 WHEREAS, the Virginia Aquarium & Marine Science Center Foundation, Inc. 7 ("Foundation") was organized and chartered as a private non-stock corporation on 8 October 29, 1981 with a tax exempt status under section 501 (c)(3) of the Internal 9 Revenue Code; and 10 11 WHEREAS, the Foundation was formed, and has functioned for many years, for 12 the purpose of supporting the Virginia Aquarium & Marine Science Center ("Aquarium") 13 and its programs, assisting in the identification, acquisition and construction of exhibits 14 for the Aquarium, providing financial support for the Aquarium, and inspiring 15 conservation of the marine environment through education, research and sustainable 16 practices; and 17 18 WHEREAS, in 2002, the City and the Foundation (collectively, "parties") entered 19 into an Operating Agreement and a Memorandum of Understanding for the purpose of 20 memorializing the relationship between the parties; and 21 22 WHEREAS, the Operating Agreement and the Memorandum of Understanding 23 expired in 2012; and 24 25 WHEREAS, in 2012, the parties executed a new Agreement; and 26 27 WHEREAS, the Agreement was subsequently amended in 2013, 2014 and 2017; 28 and 29 30 WHEREAS, the City and the Foundation now desire to consolidate and update 31 the provisions of the 2012 Agreement and the three amendments thereto and to enter 32 into an Amended and Restated Agreement; and 33 34 WHEREAS, specifically, the Amended and Restated agreement clarifies the 35 responsibilities of the parties, including operating procedures, the provision of support 36 staff, and routine repair and maintenance, addresses the disposition of revenue, and 37 correctly identifies the location of the property utilized for the Adventure Park. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA: 41 42 That the City Manager is hereby authorized to execute an Amended and 43 Restated Agreement between the City and the Virginia Aquarium & Marine Science 44 Center Foundation, Inc., provided the terms of the Amendment are in substantial 45 conformity with the summary attached hereto, and in a form deemed satisfactory by the 46 City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: D partment of•Aq arium, Historic City's Attorney's O 6e Houses and Museums CA14715 R-1 March 20, 2019 SUMMARY OF TERMS Amended and Restated Agreement Between the City of Virginia Beach and The Virginia Aquarium and Marine Science Center Foundation,Inc. ("Agreement") Parties: City of Virginia Beach("City") Virginia Aquarium and Marine Science Center Foundation, Inc. ("Foundation") Purpose: To memorialize the rights and responsibilities of each party; to consolidate and update provisions of the 2012 Agreement and subsequent amendments. This Agreement supersedes and replaces 2012 Agreement and all amendments thereto. Term: Agreement commences in April 2019 and continues until April 2024;absent termination,after expiration of initial term,Agreement automatically renews for five year terms. Key Terms: • City Manager,Director of Aquarium,Executive Director of Foundation. City is the owner and operator of buildings, grounds, and facilities known as Virginia Aquarium & Marine Science Center ("Aquarium"). City Manager responsible for administration of Agreement. Director responsible for administering and coordinating activities and functions of Aquarium. Director also serves as Executive Director of Foundation with no voting rights. Executive Director provides support staff to Foundation for publicity and fundraising and is accountable to Foundation for care of animals owned by Foundation. Foundation may pay Executive Director a stipend not to exceed $4800 annually. Director and other employees of the City may perform support functions for the Foundation. • New or Expanded Exhibits. Foundation shall not contract for new or expanded exhibits without first obtaining approval of Director. • Promotional Efforts/Funds and Grants. City and Foundation may engage in joint promotional efforts, including marketing and solicitation of funds through grants. Funds or grants received by City shall not be appropriated to Foundation unless directed by ordinance adopted by City Council. • Disposition of Revenue 1. Aquarium Store-Operated and maintained by the City. City retains all revenue from Aquarium Store except for revenue received directly from sale of Foundation merchandise. 2. Memberships- The City retains all revenue from the sale of basic memberships. A Conservation Society membership is offered. The Foundation retains the portion of the revenue from the Conservation Society membership that exceeds the cost of the basic membership. 3. Third Party Use of the Aquarium-Foundation pays the City 25%of gross revenues received by Foundation from use of Aquarium by third parties for private functions. 4. Admission Tickets and Theater Tickets- City retains all revenue from the sale of admission tickets to the Aquarium and theater tickets. Foundation receives revenue from any surcharge added to normal admission charges covering admission to temporary exhibits obtained by Foundation, sale of Foundation sponsorship opportunities, and tickets to concessions, events, activities and programs. 5. Food and Beverage Service, Boat Trips, Photo Concessions, Adventure Park- Foundation retains all revenue it receives from food and beverage service, boat trips, photo concessions and Adventure Park activities. 6. Salaries for Certain Employees- Foundation reimburses the City quarterly for cost of salaries paid by the City to City employees who provide services to Aquarium or programs sponsored by Foundation. Cost of salaries paid by City employees performing certain support functions shall be paid by the City without reimbursement by Foundation. • Capital Improvement Projects. Jointly funded capital improvement projects included in the City's capital improvement budget must be memorialized in an executed agreement between the City and the Foundation. • Attractions and Concessions. Foundation responsible for operation and maintenance of all attractions (recreational, educational, or entertainment activity or amenity offered to public for a fee) and concessions. Foundation is authorized to use a portion of City property for outdoor recreational attractions("Park and Entertainment Land"). Foundation is responsible for operation and maintenance of the Adventure Park. Foundation may request to expand its authorized use of the Park and Entertainment Land,but request is subject to sole discretion of the City Manager. City may develop a portion of the Park and Entertainment Land as a Coastal Conservation Garden. • Asset Acquisition, Repairs and Maintenance. City to operate and maintain Aquarium. City to repair, at its sole expense,the Aquarium buildings. Foundation continues to pay City 35%of current lease for the Marine Animal Conservation Center building. When construction of new Marine Animal Conservation Center building is completed, City will be owner of new building and will be solely responsible for repair and maintenance of the new building. City pays for routine maintenance and repair of Aquarium exhibits up to $5,000/single repair. Foundation pays for repair, maintenance and replacement of exhibits to extent the cost exceeds $5,000. Foundation pays cost of acquiring, maintaining,repairing,replacing and fueling Foundation-assets(motor vehicle, watercraft,trailers and other equipment). Foundation to provide City with documentation confirming required asset maintenance. • Ownership or Upgrade of Exhibits. Foundation owns all animals and permanent exhibits. Foundation funds upgrading of permanent exhibits,acquisition of new animals, and new exhibits. • Office Space, Supplies and Equipment. City provides Foundation with office space and supplies in Aquarium building. City provides Foundation, through City employees, with administrative, accounting and financial services. • Financial and Records. Foundation to provide an audited financial report to the City annually. All Foundation records and financial information to be maintained and stored separate from City records. • Insurance. City to provide insurance coverage for the Foundation, including: (1) liability arising from, and physical damage to, exhibits owned by Foundation; (2) liability arising from ownership or use of motor vehicles and trailers owned by Foundation; (3) liability arising out of activities funded or conducted by or under auspices of the Foundation by City employees; and(4) loss, injury or death of live animals, to extent cumulative value of loss exceed$10,000. The Foundation or its contractor shall maintain public liability insurance covering liability arising from operation and maintenance of Adventure Park with policy limits not less than $2 million combined single limit per occurrence. Policy shall name City as additional insured. Foundation shall, in all contracts related to Adventure Park, include language requiring contractors to indemnify and hold the City harmless. • Modification. Agreement may only be modified by writing, executed by both parties. 2 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Virginia Aquarium & Marine Science Center Foundation, Inc. SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) El 0 Accounting and/or preparer of your tax return BDO USA, LLP Financial Services (include TowneBank, Union Bank, Old Er E lending/banking institutions and Point National Bank, PNC, current mortgage holders as BB&T applicable) William M. Macali ❑ Legal Services Attorney-at-Law Waypoint Advisors, Merrill 127 E Broker/Contractor/Engineer/Other Lynch, Sodexo Operations, Service Providers LLC., Photogenic, Inc., Rover Dolphin Tours, LLC. CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it chair ges rior to the Council action upon this Application. 1 CX ,i, i.._ __ , Etta t4 ,41:77--).rt 1J..., J+ it it y q, . 1 -.. 1`4l c.i` .J1 moi;/2-2-1.Q.iii —APP`LICANT'S SIG ATURE PRINT NAME DATE' M; c) .p ss {',.,'.itis",„ li•i! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Adopt the 2019 Housing Choice Voucher Annual Agency Plan, including a Revised Administrative Plan, and to Authorize the City Manager to Execute and Submit the Plans to the U.S. Department of Housing and Urban Development MEETING DATE: April 2, 2019 • Background: The City's Department of Housing and Neighborhood Preservation ("DHNP") operates the federally-funded Housing Choice Voucher Program ("HCV Program"), formerly known as the Section 8 Program. The U.S. Department of Housing and Urban Development("HUD") requires agencies that operate HCV programs to submit (1) a Five Year Agency Plan, (2) an Annual Agency Plan for each fiscal year in which federal funding is received for its HCV program, and (3) an HCV Administrative Plan. • Considerations: A Five Year Agency Plan was adopted in 2015 and is currently in force, so no action on that is needed this year. The purpose of the Annual Agency Plan is to update HUD on DHNP's progress in achieving the goals in the Five Year Plan, and the Plan also describes the organization of the HCV Program including details of the strategies employed in satisfying affordable rental housing needs in the City. The DHNP is also required by HUD to include certifications demonstrating DHNP's compliance with applicable laws, and HUD rules and regulations. In regard to the HCV Administrative Plan, this document details the policies and procedures that govern the day-to-day operation of the HCV Program. The previously approved Administrative Plan has undergone revision and is included for approval in this ordinance request. The approved plan must be electronically submitted to HUD no later than April 15, 2019. • Public Information: Public information will be provided through the normal Council agenda process. A copy of the referenced plans is available for public inspection at the Office of the City Clerk. Proposed plan revisions were advertised on February 28. A public hearing was held on March 5th to allow public input on the revisions to the Administrative Plan. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance, Executive Summary, Summary of Administrative Plan Changes Recommended Action: Approval �� Submitting D- • -rtm- I t/Agency: � I & Neighborhood Preservation City Manager. ------- 1 AN ORDINANCE TO ADOPT THE 2019 HOUSING CHOICE 2 VOUCHER ANNUAL AGENCY PLAN, INCLUDING A 3 REVISED ADMINISTRATIVE PLAN, AND TO AUTHORIZE 4 THE CITY MANAGER TO EXECUTE AND SUBMIT THE 5 PLANS TO THE U.S. DEPARTMENT OF HOUSING AND 6 URBAN DEVELOPMENT 7 8 WHEREAS, the City's Department of Housing and Neighborhood Preservation 9 ("DHNP") operates the federally-funded Housing Choice Voucher Program ("HCV 10 Program"), formerly known as the Section 8 Program; 11 12 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") 13 requires agencies that operate HCV programs to submit (1) an Annual Agency Plan for 14 each fiscal year in which DHNP receives federal funding for its HCV Program; and (2) a 15 revised Administrative Plan, as applicable; 16 17 WHEREAS, the purpose of the Annual Agency Plan is to update HUD on the 18 DHNP's progress in achieving the goals stated in the Five-Year Plan; 19 20 WHEREAS, the purpose of the Administrative Plan is to describe in detail the 21 operational procedures of the HCV program in DHNP; 22 23 WHEREAS, the DHNP is also required by HUD to include a certification in the Five 24 Year Agency and Annual Plan demonstrating DHNP's compliance with applicable laws, 25 and HUD rules and regulations, in order to continue to operate the HCV program; 26 27 WHEREAS, an Executive Summaries of the Annual Plan and a Summary of 28 Administrative Plan Changes is attached hereto, and a copy of all Plans are on file with 29 the City Clerk. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 That DHNP's Annual Plan and Administrative Plan for the Housing Choice Voucher 35 Program are hereby approved, provided such plans conform in all material aspects to the 36 Executive Summary and Summary of Administrated Plan Changes attached hereto; and 37 38 That the City Manager is hereby authorized to execute and submit the Annual Plan 39 and any certifications regarding such plan or the Administrative Plan to the U.S. 40 Department of Housing and Urban Development. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i ilrii 2 L --- Housin•l& -'ghborhood Preservation City , or y's Office CA14720 R-1 March 20, 2019 Executive Summary 2019 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 2, 2019 Federally Required Plans for the Housing Choice Voucher Program The Department of Housing &Neighborhood Preservation (DHNP) operates the federal Housing Choice Voucher Program (HCV) in the city. The program provides funding for rental subsidies for over 2,000 households in Virginia Beach and in some cases in neighboring cities. Funding for the HCV program is from the U.S. Department of Housing and Urban Development. In order to comply with all Federal requirements for this program, the city must establish policy and procedures to ensure consistency in program operation and adopt the following plans: Plan Name Summary Purpose and Status Content Five Year Provides long term guidance This plan was developed Agency Plan for the program and adopted by Council in 2015. Annual Agency Describes the agency's plan Developed by staff and Plan for the current year, proposed for adoption by consistent with the five year Council with this ordinance plan Administrative Describes in detail how the Amendments have been Plan HCV program will operate developed by staff and are proposed for adoption by Council with this ordinance Pursuant to 24 CFR 982.54 the VBDHNP must adopt a written administrative plan that establishes local policies for administration of the (HCV) program in accordance with HUD requirements. The administration plan and any revisions of the plan must be formally adopted by the City Council. This is required because Virginia Beach does not have a housing authority and, therefore no board of commissioners. The administrative plan states VBDHNP's policy on matters for which the VBDHNP has discretion to establish local policies. The plan must be in accordance with HUD regulations and requirements. The current administrative plan was approved by the Virginia Beach City Council on April 5, 2018 and subsequently submitted to the Department of Housing and Urban Development. The administrative plan is the key attachment to the HCV Five Year and Annual Agency Plans which are also submitted by the VBDHNP. CONTENTS OF THE PLAN Federal regulations 24 CFR 982.54 further stipulate the VBDHNP administrative plan must cover VBDHNP policies on the following subjects: 1 Executive Summary 2019 Housing Choice Voucher— Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 2, 2019 • Selection and admission of applicants from the DHNP waiting list, including any DHNP admissions preferences, procedures for removing applicant names from the waiting list, and procedures for closing and reopening the DHNP waiting list (Chapter 4); • Issuing or denying vouchers, including DHNP policy on governing the voucher term and any extensions or suspensions of the voucher term. "Suspension" means stopping the clock on the term of a family's voucher after the family submits a request for "approval of the tenancy" (Chapter 8); • Any special rules for use of available funds when HUD provides funding to the DHNP for special purpose (e.g. continuum of care), including funding for specified families or specified category of families (Chapter 4); • Occupancy polices, including definition of what group of persons may qualify as a"family", definition of when a family is considered to be "continuously assisted", standards for denying admissions or terminating assistance based on criminal activity or alcohol abuse in accordance with 982.553 (Chapters 5 and 15); • Encouraging participation by owners of suitable units located outside of areas of low income(Chapter 1); • Assisting a family that claims that illegal discrimination has prevent the family from leasing a suitable unit (Chapter2); • Providing information about a family to prospective owners (Chapters 3 and 9); • Disapproval of owners (Chapter 13); • Subsidy standards (Chapter 5); • Family absence from the dwelling unit (Chapter 12); • How to determine who remains in the program is a family breaks up (Chapter 12); • Informal review procedures for applicants (Chapter 18); • Informal hearing procedures for participants (Chapter 16); • The process for establishing and revising voucher payment standards (Chapter 8); 2 Executive Summary 2019 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 2, 2019 • The method of determining reasonable rent to owners (Chapter 11); • Special policies concerning special housing types in the program (e.g. use of shared housing) (Chapter 4); • Policies concerning debts owed by families to DHNP (Chapter 17); • Interim re-determinations of family income and composition (Chapter 12); • Restrictions on the number of moves by a participant family(Chapter 13); • Approval by the board of commissioners or other authorized officials to charge the administrative fee reserve (Chapter 1); • Procedural guidelines and performance standards for conducting required housing quality standard inspections (Chapter 10); and • DHNP screening of applicants for family behavior or suitability for tenancy (Chapter 2) Additional Detail on Plan Contents Annual Agency Plan: This plan must be submitted annually. The plan as developed by staff contains the following information: - Eligibility, selection and admissions policies, including de-concentration and wait list procedures - Financial resources - Rent determination procedures - Operations and management - Grievance procedures - Self-sufficiency programs (FSS) - Civil rights certifications - Fiscal year audit - Housing needs for the area - Strategy for meeting housing needs - Progress in meeting mission and goals - Any significant amendment and substantial deviations or modifications - Any plan elements that have been revised since the last Annual Plan certification - A listing of the locations where key elements of the Plan can be found 3 Executive Summary 2019 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 2, 2019 As mentioned, many of the above requirements are contained in documents that are maintained in the offices of DHNP. Those documents and their location can merely be cited rather than included in this plan. In addition to City Council adoption of the 2019 Agency Plan, there must also be approval of two HUD required certifications. The first certification is HUD Form 50077 which speaks to DHNP's compliance with various program and statutory requirements including Fair Housing, Title VI or the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act, ADA regulations and various other federal laws. The second certification is HUD Form 50077-s1 which states that the Housing Choice Voucher Agency Plan is consistent with the City's Consolidated Plan, and is previously cited. On February 28, 2019, the Annual Plan Update was made available to the public for the required 45-day review period. A public hearing was held on March 5, 2019, in conjunction with our resident advisory board meeting. Their comments will be attached to the final HUD submittal along with any that are received from the general public. The approved Annual Agency Plan along with the two required certifications must be electronically submitted to HUD no later than April 15, 2019, which is the required 75 days before the beginning of our City Fiscal Year of July 1, 2019. Administrative Plan: Staff has developed revisions to the 2019 plan. Primary differences between the prior plan and this proposed revision are as follows: • Format, grammatical and organizational corrections. • Revisions to ensure the plan reflect actual day-to-day operations of VBDHNP's Rental Housing Division. • Update language to include the use of the Income Verification Tool (IVT) as part of the process to determine household income (Chapter 7). • Includes a change in language removing the requirement to execute a new lease and housing assistance payment contract as when a change in property ownership occurs (Chapter 16). • Include an insertion of language to communicate the creation of the Price Street Apartments Waiting List (Chapter 19). • The addition of the ADA preference and Youth preference (18 to 24) as part of the Single Room Only(SRO)/Homeless waiting list (Chapter 19). These proposed revisions were advertised and made available along with the Annual Plan as noted above. 4 2019 Summary of HCV Administrative Plan Changes Location Topic Change/Issue Reason Chapter 7-1 Upfront Income Update language to Realignment of policy Verification Procedures Verification include the use of the to match HUD IVT(Income requirement(reference verification Tool) as PIH Notice 2018-18) part of completing an annual/interim review Chapter 11-3, C. Rent Reasonable Update Rent Realignment of policy Owners Rent, Rent Determination Reasonable language to match HUD Reasonable, Payment to perform requirement(reference Standards determinations from PIH Notice 2018-01) 5%to 10% reduction in FMRs. Chapter 11-4, D Payment Standards Update payment Realignment of policy standard range to match HUD allowing DHNP to requirement (reference update FMS with 90 to PIH Notice 2018-01) 120%of FMR Chapter 16-4 Change of ownership Revised language to Reduce the potential stipulate the required burden to the tenant. documents to accept a change of ownership without the execution of a new contract or lease Chapter 19-28 SRO/Homeless Revised the preference The Youth and ADA Project Based Voucher Preference update matrix to include preference allows the "Homeless Youth" and HRC to support the "ADA", and rescored special vulnerable the matrix placing population. chronically homeless as Additionally veterans the highest preference, have access to various and veterans as the resources for housing lowest. to include SSVF, existing PBVs and VASH. Chapter 19-30 Price Street Waiting Added the Price Street Update the List Waiting List language administrative plan to include established preferences. Chapter 19-39 Right to Move Revised policy Reduces administrative requiring a project burden. based voucher holder to wait a year before placement again on the mobility waiting list if they do not utilize tenant based voucher at the time of issuance. CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing an Unimproved Portion of Singleton Way (Formerly Princess Anne Road), S. Witchduck Road (Formerly Kempsville Road) and Princess Anne Road (Relocated) Adjacent to the North, East, and Southeast Sides of the Parcel Identified as GPIN: 1466-78-3845 (PARCEL "D") MEETING DATE: April 2, 2019 • Background: As part of the Princess Anne Road / Kempsville Road Intersection Improvements Project, CIP 2-048 and Witchduck Road Phase I, CIP 2-931, the City of Virginia Beach (the "Applicant") altered the alignment of each of these roadways, and the intersection was relocated to the south of the former location. A portion of Kempsville Road, south of the former intersection is now known as S. Witchduck Road. Additionally, with the shift of Princess Anne Road to the south, the portion of Princess Anne Road to the west of the former intersection is now known as Singleton Way. On April 22, 2014, by Ordinance ORD-3345B, City Council approved the Applicant's request to close portions of the above streets, subject to the following conditions being met by April 22, 2015: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. 2. The City will ensure that the properties are subdivided such that the internal lot lines are vacated and the closed areas are incorporated into the adjoining parcels. The plat(s) must be submitted and approved for recordation prior to final street closure approval. 3. The City shall verify that no private utilities exist within the rights-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the rights-of-way, this approval shall be considered null and void. On April 21, 2015, the Applicant requested and was granted an extension of time to satisfy the conditions to April 22, 2016 (Ordinance ORD-3404C). On April 19, 2016, the Applicant requested and was granted an additional extension of time to satisfy the conditions to April 22, 2017 (Ordinance ORD-3448D). On April 18, 2017, the Applicant requested and was granted an additional extension of time to satisfy the conditions to April 22, 2019 (Ordinance ORD-3499D). The Applicant is now requesting additional time to satisfy the conditions. Staff concludes that the request for two additional years to satisfy the conditions is reasonable. The adjacent site at the intersection is currently being marketed by the Economic Development Department. The land proposed for closure will be incorporated into the adjacent site. The extension will allow the City time to negotiate with potential buyers and/or perform a resubdivision. • Recommendations: Allow an extension of two years for satisfaction of the conditions. • Attachments: Ordinance Location Map Recommended Action: Approval Submitting Departure gency: Planning Department 0 City Manager:c5ct: :: /.7_77..„_. 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE MATTER 3 OF CLOSING AN UNIMPROVED PORTION OF 4 SINGLETON WAY (FORMERLY PRINCESS ANNE 5 ROAD), S. WITCHDUCK ROAD (FORMERLY 6 KEMPSVILLE ROAD) AND PRINCESS ANNE 7 ROAD (RELOCATED) ADJACENT TO THE 8 NORTH, EAST, AND SOUTHEAST SIDES OF THE 9 PARCEL IDENTIFIED BY GPIN: 1466-78-3845 10 (PARCEL "D") 11 12 WHEREAS, on April 22, 2014, City Council acted upon the application of 13 the City of Virginia Beach (the "Applicant") for the closures of portions of Singleton Way 14 (formerly Princess Anne Road), S. Witchduck Road (formerly Kempsville Road) and 15 Princess Anne Road (Relocated), as shown on Exhibit A attached hereto; 16 17 WHEREAS, City Council approved (by Ordinance ORD-3345B) the 18 closure of the aforesaid unimproved portions of Singleton Way, S. Witchduck Road and 19 Princess Anne Road, subject to certain conditions being met on or before April 22, 20 2015; 21 22 WHEREAS, on April 21, 2015, the Applicant requested and was granted 23 (by Ordinance ORD-3404C) an extension of time to April 22, 2016, to satisfy the 24 conditions attached to the aforesaid street closure action; 25 26 WHEREAS, on April 19, 2016, the Applicant requested and was granted 27 (by Ordinance ORD-3448D) an extension of time to April 22, 2017; 28 29 WHEREAS, on April 18, 2017, the Applicant requested and was granted 30 (by Ordinance ORD-3499D) an extension of time to April 22, 2019; and 31 32 WHEREAS, the Applicant has requested an additional two years 33 extension of time to satisfy the conditions attached to the aforesaid street closure 34 action. 35 36 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 37 Virginia Beach, Virginia: 38 39 That the date for meeting conditions of closure as stated in the Ordinance 40 adopted on April 22, 2014 (ORD-3345B), upon application of the City of Virginia Beach, 41 is extended to April 22, 2021. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 44 of , 2019. GPIN: Right-of-way/ no GPIN assigned Adjacent to GPIN: 1466-78-3845 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: 01- --)1', City At ney U Planning D art CA 14640 .vbgov.comDFSI Applications CityLawProd,cycom32 Wpdocs D010 P024 00273220.DOC R-1 March 13, 2019 EXHIBIT A —I NOTES: AREA OF PROPOSED STREET CLOSURE 'D-1' 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF (28,095 SQ. FT., 0.645 AC.) PROPOSED RIGHT-OF-WAY CLOSURES AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. (�.Q4.47- -� 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS R,y�c- `ryi� V PROPERTY. A=88.85' 446? R� PRA/ qR ii'/Ay R=77250' (�NSo P c9)(4/E'ss qN^'F~ SAY I ° =6.35'24" T 2o, • ->6 ' 3ogoJ o W S 07'22'22" W o3>S ¢J ►� v , 9.85' P' '''s SCJ b g'SN. fp • ;o,. 46:47' ;,;z',. S �¢. _ '4/E h�q —Nps > S_8735'38.. '4. r/'-ii--.e0,,-- o '-?'' /?' ?¢"E Q k d �ooSs,X 101.83' S 82'30'20 ' Y. , A=98.88' ,U , ,:4 . , N R=725.00' c5 80.07' ii-,/7 r . f% . ry �M 0 =748'52" ` • O 2 A=36.78' �<` t } �r 0 �' Z R=673.70' ry PARCEL 'E' N/F -....(-6 °=307'40" �' 3`�/, ,,4 4 .�'� EMMANUEL PROTESTANT A=38.08' -; _ ,A 11 EPISCOPAL CHURCH m R=32.00' N �l ° OF KEMPSVILLE °-68122" '.o`. ,°� • �, '� cb v)r i— �° C " A=37.66' EXISTING �`1-r- 1466-78-0931 R=75.00' r1 R/W LINE '� ; ;� 1 ° =28'46'03" O ' , N :iv- to O h po 3ix P .:1- P7 ° a J� O Q. W ...i P7 O { 1; ,. `) O :n ., , ��+� co �S 241 F) Na. 1 ° <1 * t (V ce‘ 4 41 k * �� � rte/ 0- F. z N 1 ' 1k� ,k6 < f; II �� 0 i�E� 3� N 4020'28" E 6.99' . 7. • \ ;N 71 1Z' N 4020'28" E 18.9720 3.85'21:33" W -2.12 - 1041 42.35' 135232M W A, A=38.15' A=104.39' 105.78, S 69 52'`f R=87.50' R=1122.50' ,V1'3%-:' ' p =24'58'55" ° =5'19'43" N 8lira a 6` iv A=6.43' PRINCESS ANJE ROAD (RELOCATED) N VAR R/W N 49'39'32" W 4.00' (/NST 20090519000553070)(INST 20091019001219680) A=45.15' S 40'20'28" W 31.26' ' (INST 20100203000113230)(/NST 20100409000329350) R=43.50' AREA OF PROPOSED STREET CLOSURE D-2 (INST 20100507000436780)(M.B. 114, P. 21) ° =59'27'51" (1,931 SQ. FT., 0.044 AC.) STREET CLOSURE EXHIBIT SHEET 1 OF 1 OF A 28,095 SQ. FT. (0.645 AC.) PORTION OF SINGLETON WAY (FORMERLY PRINCESS ANNE ROAD) AND S. WITCHDUCK ROAD (RTE 190) AND A 1,931 SQ. FT. (0.044 AC.) PORTION OF PRINCESS ANNE ROAD (RELOCATED) AND S. WITCHDUCK ROAD (RTE 190) (FVBUC RIGHT-OP-1►LT!XINST No 20130915000305320) Landecqxt Architecture VIRGINIA BEACH, VIRGINIA Land Surveying Circ Exclusively for • com 757.431.1041 CITY OF VIRGINIA BEACH 242 251112 St SIE 81219 Ml 212362 SCALE: 1" = 100' 04 FEBRUARY, 2014 1 CAD/chic TMF/els CITY OF VIRGINIA BEACH, VA I F.B. P. I PLAT: JN:213-0180 ee^,,4y M.�J Ly�'v CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Authorize the City Manager to Execute an Agreement with the Virginia Beach School Board and to Appropriate Miscellaneous Revenue MEETING DATE: April 2, 2019 • Background: The Something in the Water Festival (the "Festival") will be held during the last weekend of April. The City's public safety personnel have made preparations for large numbers of visitors, and much like a holiday weekend, the efficient movement of people will be necessary to maintain public safety and good order. To meet these demands, the Festival operator will need to make use of multiple transportation providers. One of the possibilities that may supplement the demand for moving people efficiently and safely is the use of the school buses of the Virginia Beach City Public Schools (VBCPS). The Virginia Code permits the school board to enter into an agreement with a local governing body for the use of school buses for public purposes. The same section of law says such agreement must provide for reimbursing the school board for the costs attributable to the use of the buses, and the local governing body must indemnify and hold the school board harmless from any and all liability related to the use of such buses. The Virginia Beach School Board has a policy (Policy 7-52) that mirrors the requirements of the Virginia Code, and this policy provides additional granularity as to the calculation of the costs attributable to the use of the buses. • Considerations: The Festival has agreed to reimburse the City for all of the costs associated with the school bus agreement, and those reimbursement obligations will be memorialized in an agreement between the Festival and the City. At this time, the amount of the estimated cost is $170,984, but that attached ordinance provides an appropriation number with a substantial contingency, which recognizes (i) the exact amount will not be known until the completion of the event and (ii) the Festival is committed to reimbursing all of the costs. In addition to the appropriation, the attached ordinance authorizes the City Manager to execute an agreement with the Virginia Beach School Board. This agreement will comport with the requirements of the applicable laws and School Board policy. Additionally, the agreement will clearly provide that: (a) the bus drivers shall only volunteers and not be required to perform the shifts required for the agreement; (b) the inside of the buses be cleaned and inspected at the conclusion of the agreement by a supervisor or third party; (c) there is a placard that discloses the ongoing video monitoring from the interior bus cameras. In regard to the hold harmless, the City's Risk Manager has proposed coverages for the buses during the duration of the agreement consistent with the City's coverage methodology for City assets. To wit, the City would self-insure up to $450,000 for damage to any school bus, and if the liability exceeds $2 million, the City would use its surplus policy. • Public Information: Normal City Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Virginia Code § 22.1-182; School Board Policy 7-52 Recommended Action: Approval Submitting Dep ent/Agency: Office of the City Manager City Manager: , _ \�°�,� _--- 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE AN AGREEMENT WITH 3 THE VIRGINIA BEACH CITY PUBLIC SCHOOLS AND 4 TO APPROPRIATE MISCELLANEOUS REVENUE 5 6 WHEREAS, the safe and efficient movement of people is a public purpose; and 7 8 WHEREAS, Virginia law allows a local governing body to enter into an agreement 9 with the local school board to use school buses; and 10 11 WHEREAS, the Something in the Water Festival has committed to reimburse the 12 City for the actual costs of the use of school buses 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 15 VIRGINIA, THAT: 16 17 1. The City Council hereby authorizes the City Manager or designee to execute 18 an agreement with the Virginia Beach School Board consistent with the 19 requirements set forth in § 22.1-82 of the Code of Virginia and Policy 7-52 of 20 the School Board for the use of school buses during the Something in the Water 21 Festival, provided the agreement is approved for legal sufficiency by the City 22 Attorney and the agreement provides the bus drivers are to be volunteer only, 23 the buses are cleaned and inspected by a third party or supervisor at the 24 conclusion of the Festival, and there will be a placard disclosing the video 25 monitoring from the interior bus cameras. 26 27 2. $350,000 in estimated reimbursement from the Something in the Water Festival 28 is hereby appropriated, with miscellaneous revenue increased accordingly, for 29 the costs associated with the agreement for use of school buses, provided the 30 City Manager or designee is directed to reduce this appropriation and the 31 estimated revenue to the amount of the total costs of the agreement authorized 32 in #1, supra, when the amounts are known and the work completed. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: V B dget and Management Services City Attorney's office CA14722 R-3 March 28, 2019 Code of Virginia Title 22.1. Education Chapter 12. Pupil Transportation § 22.1-182. Use of school buses for public purposes The school board of any school division may enter into agreements with the governing body of any county, city or town in the school division, any state agency or any agency established or identified pursuant to United States Public Law 89-73 or any law amendatory or supplemental thereto providing for the use of the school buses of such school division by such agency or by departments, boards, commissions or officers of such county, city or town for public purposes, including transportation for the elderly. Each such agreement shall provide for reimbursing the school board in full for the proportionate share of any and all costs, both fixed and variable, of such buses incurred by such school board attributable to the use of such buses pursuant to such agreement. The governing body, state agency or agency established or identified pursuant to United States Public Law 89-73 or any law amendatory or supplemental thereto shall indemnify and hold harmless the school board from any and all liability of the school board by virtue of use of such buses pursuant to an agreement authorized herein. Code 1950, § 22-151.2; 1973, c. 368; 1975, c. 633; 1980, c. 559. The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 1 3/22/2019 School Board of the City of Virginia Beach Policy 7-52 COMMUNITY RELATIONS Use of School Board Equipment: Use of School Buses A.Eligible Organizations In accordance with applicable law,the following organizations may enter into a contract for the use of school buses provided the request is approved by the School Division: 1. State government agencies; 2. Local government agencies; 3. Agencies organized under Public Law 89-73 (Older Americans Act of 1965); and 4. Non-profit community organizations serving the mentally and/or physically disabled. B.Contractual Arrangements The School Board shall enter into a written contract with the eligible agency covering,but not limited to,the following: 1. A Hold Harmless Agreement with the eligible agency that indemnifies and holds harmless the School Board from any and all liability of the School Board by virtue of use of such school buses. 2. The School Board shall be reimbursed for the operational cost,excluding drivers'salary and depreciation,on a mileage basis at the rate as reported on the Virginia Board of Education Transportation Report for the preceding year. 3. The School Board shall be reimbursed for the cost of the drivers'salary at the actual rate per hour paid plus 16 percent to cover fixed charges and administrative expense. 4. The School Board shall be reimbursed for depreciation of the capital expenditure based on the actual cost of the vehicle with a life expectancy of 100,000 miles. 5. Only regular employees of the School Board and employees of the City of Virginia Beach approved by the Superintendent,licensed to drive school buses,will be permitted to drive. Legal Reference: Code of Virginia§22.1-182,as amended. Use of school buses for public purposes. Editor's Note: See also Attorney General's Opinion February 7, 1984". . .A school board lacks the authority,aside from the instances specifically set forth in§ 22.1-182 ,and referred to above,to permit the use of its school buses by a civic,eleemosynary or charitable group for transportation to the group's functions." Adopted by School Board: October 20, 1992 Amended by School Board:May 17, 1994 Amended by School Board:August 19,2014 C tA 7, �tNIABEA ,. "L.-- •'-4i CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: An Ordinance to Appropriate Funds to Provide an Interest-Free Loan to the Blackwater Volunteer Rescue Squad for the Purchase of a New Ambulance MEETING DATE: April 2, 2019 • Background: The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own all the ambulances providing emergency medical transportation services in the City of Virginia Beach. They receive no direct tax funding for their operating costs to provide these services and do not charge patients for the medical treatment and/or transportation services rendered. The primary source of revenue for the volunteer rescue squads is through their individual squad fund drives, conducted annually. Depending on the availability of funds, the City provides some financial support for the rescue squads, such as providing standard equipment for the ambulances, physical facilities and spaces to house and support equipment and personnel, paying utility bills for facilities housing a rescue squad, providing or paying for property and liability insurance for facilities used to operate the volunteer emergency medical transport, providing or paying for fuel for ambulances, zone cars and other emergency service vehicles, providing or paying for insurance covering ambulances and other emergency service and support vehicles owned by the rescue squads, providing adequate staff and budget for volunteer EMS recruitment and retention programs, providing initial and continued training and education of volunteers, and providing shift supervision. The City of Virginia Beach has historically provided short-term, no-interest loans to the volunteer rescue squads servicing our citizens. The majority of these loans have been to provide initial capital for the acquisition of replacement ambulances. The Blackwater Volunteer Rescue Squad (BVRS) is requesting an interest-free loan of $39,176.80 from the City to purchase a new ambulance to replace an ambulance that has exhausted its useful service life. • Considerations: This agenda request includes a letter from BVRS requesting the City to provide this loan. If approved by Council, the BVRS loan is $39,176.80 and is payable in five equal annual payments of $7,835.36, with the first payment due on April 15, 2020. • Public Information: Normal Council agenda notification process. • Alternatives: The alternative to this request is for the squad to pursue a business loan from a private financial institution, which will be costlier. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Loan Agreement; Promissory Note; Request Letter Recommended Action: Approval Submitting Departme• . A •ency: Department of Emergency Medical Services At_ City Manager: hopiiii,„\ 1 AN ORDINANCE TO APPROPRIATE FUNDS AND TO 2 PROVIDE AN INTEREST-FREE LOAN TO THE 3 BLACKWATER VOLUNTEER RESCUE SQUAD, INC., FOR 4 THE PURCHASE OF A NEW AMBULANCE 5 6 WHEREAS, the Blackwater Volunteer Rescue Squad, Inc., (BVRS) has requested 7 an interest free loan of $39,177 to purchase a replacement ambulance with required 8 equipment. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That $39,177 is hereby appropriated from the fund balance of the General 14 Fund for an interest-free loan to the BVRS for the purchase of a replacement 15 ambulance; and 16 17 2. That this loan is to be repaid by the BVRS over five (5)years, pursuant to the 18 terms of the attached agreement and promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ) / Budget and Management Services Cit _ f or y's Office CA14719 R-1 March 20, 2019 Agreement between the City of Virginia Beach and the Blackwater Volunteer Rescue Squad, Inc. THIS AGREEMENT is made and entered into this day of , 2019, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Blackwater Volunteer Rescue Squad, Inc., a Virginia non-stock corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of vehicles,the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle(s). B. Provide standardized equipment required for operations within the City including,but not limited to mobile communications devices,pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle(s) through the CITY's Division of Automotive Services, so long as the vehicle(s) remain CITY-insured. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle(s)according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle(s) be sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle(s), 1 unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY- owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle(s) in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle(s) shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicles and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle(s), the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the fair market value of the vehicle(s). B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. BLACKWATER CITY OF VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC. City Manager/Authorized Designee By: Title: Date ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 2 PROMISSORY NOTE $39,176.80 Virginia Beach, Virginia April, 2019 FOR VALUE RECEIVED, Blackwater Volunteer Rescue Squad, Inc. ("Maker") promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of THIRTY NINE THOUSAND ONE HUNDRED SEVENTY SIX DOLLARS AND EIGHTY CENTS ($39,176.80) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before April 15, 2020 - $7,835.36 On or before April 15, 2021 - $7,835.36 On or before April 15, 2022 - $7,835.36 On or before April 15, 2023 - $7,835.36 On or before April 15, 2024 - $7,835.36 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). Blackwater Volunteer Rescue Squad, Inc. (SEAL) Title: Date: 010 104 r `. VO ki:,`t $LIE SQUAD,144.40t 600�0 B.aCkIf#TEr ^_ i VI; Ir.i Bati;Ci1, trgi4lia 2357 11 1 *,-4 x`'i-€:, rs+�E,^r`5,'xf€ �, c Chief Ed Brazle Virginia Beach Department of EMS 4160 Virginia Beach Blvd Virginia Beach, VA 23452 Dear Chief Brazle: I am writing on behalf of the Blackwater Volunteer Rescue Squad (BVRS) to request a no-interest loan from the City of Virginia Beach. The loan will be used for the purchase of a new ambulance for our rescue squad. The new ambulance will be a replacement for Ambulance 1321, a 2001 Ford E-450 Wheeled Coach ambulance. This ambulance has exceeded the recommended service life of a primary 911 response unit and was identified by the City Garage as due for replacement. We also need to replace Ambulance 1 321 to provide a safer and more reliable emergency medical transport service to the residents of the City. We hope to have our new unit, Ambulance 1 320, in service by early summer. The total cost of the new ambulance is $237,884.00. On July 1, 201 8, our agency was awarded an 80/20 grant of $176,407.20 through the Rescue Squad Assistance Fund (RSAF) from the Virginia Office of Emergency Medical Services. In addition, our agency was awarded $22,300.00 from the Virginia Beach Rescue Squad Foundation during December 2017. Therefore, we already acquired funding for $198, 707.20 towards the replacement ambulance cost. In order to complete our purchase, our agency still needs $39,176.80. BVRS is requesting a non-interest loan for this remaining amount, with repayment occurring in five annual installments of $7,835.36. To assist with repayment, we increased our fundraising efforts during the past two fiscal cycles to protect future financial stability. BVRS appreciates the guidance and opportunities for financial assistance provided by the Department of EMS as we work together to improve our service to the citizens. If you need any further information, please contact me via the contact information below. Thank you for your consideration of our request. Sincerely, Eric Hoyt Anna Mick Squad Commander President 757-286-2269 757-427-1789 erichoyt@cox.net abdonahu@sentara.com DISCLOSURE STATEMENT FORM 4 • The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial Institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. Organization name: Blackwater Volunteer Rescue Squad, Inc. Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of Sandy Reverley, Reverley Associates, 109 your tax return Wimbledon Square SG, Chesapeake, VA 23320 Financial Services (include lending/banking institutions and ABNB Federal Credit Union, 830 V current mortgage holders as Greenbrier Cir, Chesapeake VA 23320 applicable) ✓ Legal Services CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council actionup1 this Application. X dop APPLICANT'S SIGNATURE Eric Hoyt 03 / 05 / 2019 PRINT NAME DATE \\vb9os.ceeldk1\DWartne \>d4s Adele\00619MI-SVC-PROCESS-AREAISUPPL1ER AGREE ENT-MANAGEMBRlsupdkdlOUey-perrdttedemsWRa4isd sure-staternentAoac \1Wpov.conedfsilDepar<mnts\EMSsEMS Admin;000{MMI-SVC-PR0C65-AREA\91PPLIER-AG1REEMEHT-MArrAGEMENTtsuppikNogey-perrekted-¢rtsernsdlsdosure-statement—alabtepdf ';‘,0[ 'r h% r . Z7 ,C<5 'ri CITY OF VIRGINIA BEACH AGENDA ITEM J ITEMS: An Ordinance to Appropriate Funds and to Provide an Interest-Free Loan to the Virginia Beach Volunteer Rescue Squad, Inc., for the Purchase of Two New Ambulances MEETING DATE: April 2, 2019 • Background: The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own all the ambulances providing emergency medical transportation services in the City of Virginia Beach. They receive no direct tax funding for their operating costs to provide these services and do not charge patients for the medical treatment and/or transportation services rendered. The primary source of revenue for the volunteer rescue squads is through their individual squad fund drives, conducted annually. Depending on the availability of funds, the City provides some support costs for the rescue squads, such as providing standard equipment for the ambulances, physical facilities and spaces to house and support equipment and personnel, paying utility bills for facilities housing a rescue squad, providing or paying for property and liability insurance for facilities used to operate the volunteer emergency medical transport, providing or paying for fuel for ambulances, zone cars and other emergency service vehicles, providing or paying for insurance covering ambulances and other emergency service and support vehicles owned by the rescue squads, providing adequate staff and budget for volunteer EMS recruitment and retention programs, providing initial and continued training and education of volunteers, and providing shift supervision. The City of Virginia Beach has historically provided short-term, no-interest loans to the volunteer rescue squads servicing our citizens. The majority of these loans have been to provide initial capital for the acquisition of replacement ambulances. The Virginia Beach Volunteer Rescue Squad (VBVRS) requests an interest-free loan of $300,000 from the City to purchase two new ambulances to replace ambulances that have exhausted their useful service lives. • Considerations: This agenda request includes a letter from VBVRS requesting the City to provide this loan. If approved by Council, the VBVRS loan is $300,000 and is payable in five equal annual payments of$60,000, with the first payment due on April 15, 2020. • Public Information: Normal Council agenda process. ■ Alternatives: The alternative to this request is for the squad to pursue a business loan from a private financial institution, which will be costlier. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Loan Agreement; Promissory Note; Request Letter Recommended Action: Approval Submitting Depart gency: Department of Emergency Medical Services 614,„ City Manager: � ) • 1 AN ORDINANCE TO APPROPRIATE FUNDS AND TO 2 PROVIDE AN INTEREST-FREE LOAN TO THE VIRGINIA 3 BEACH VOLUNTEER RESCUE SQUAD, INC., FOR THE 4 PURCHASE OF TWO NEW AMBULANCES 5 6 WHEREAS, the Virginia Beach Volunteer Rescue Squad, Inc., (VBVRS) has 7 requested an interest free loan of$300,000 to purchase two replacement ambulances with 8 required equipment. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That$300,000 is hereby appropriated from the fund balance of the General 14 Fund for an interest-free loan to the VBVRS for the purchase of two 15 replacement ambulances; and 16 17 2. That this loan is to be repaid by the VBVRS over five (5) years, pursuant to 18 the terms of the attached agreement and promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , , / ,42 Budget and Management Services City Attorney's Office CA14718 R-1 March 20, 2019 Agreement between the City of Virginia Beach and the Virginia Beach Volunteer Rescue Squad, Inc. THIS AGREEMENT is made and entered into this day of , 2019, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Virginia Beach Volunteer Rescue Squad, Inc., a Virginia non-stock corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of vehicles,the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle(s). B. Provide standardized equipment required for operations within the City including,but not limited to mobile communications devices,pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle(s) through the CITY's Division of Automotive Services, so long as the vehicle(s) remain CITY-insured. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle(s) according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle(s) be sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle(s), 1 unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY- owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle(s) in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle(s) shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicles and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle(s), the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the fair market value of the vehicle(s). B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. VIRGINIA BEACH CITY OF VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC. City Manager/Authorized Designee By: Title: Date ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 2 PROMISSORY NOTE $300,000 Virginia Beach, Virginia April, 2019 FOR VALUE RECEIVED, Virginia Beach Volunteer Rescue Squad, Inc. ("Maker") promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of THREE HUNDRED THOUSAND DOLLARS ($300,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before April 15, 2020 - $60,000 On or before April 15, 2021 - $60,000 On or before April 15, 2022 - $60,000 On or before April 15, 2023 - $60,000 On or before April 15, 2024 - $60,000 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). Virginia Beach Volunteer Rescue Squad (SEAL) Title: Date: 1.0 A -57 $F 1> =1 OE EST. 1952 Tax it N.t=':bt 1:54 61)47139 January 24, 2019 Chief Brazle, The Virginia Beach Volunteer Rescue Squad, Inc("VBVRS") is in the process of purchasing two ambulances for delivery in 2019.These will be replacing two units, respectively 11 and 10 years old,that are scheduled and recommended by the City Garage for replacement.The first unit is scheduled for delivery in early April and is replacing the 11-year-old vehicle and the second unit is scheduled to be delivered before the end of the second calendar quarter.The second unit,ordered in January,will be partially funded by a 50%o RSAF Grant. We respectfully request a$300,000,5-year interest-free loan in order to help fund the replacement program.The loan proceeds will be used to help cover the estimated$380,000/400,000 after Grant cost of the two ambulances(estimated$240,000/each plus equipment for each unit).The ability to use the proceeds of a loan is important as it will avoid an immediate full-cost draw-down of the investments of both VBVRS and the Virginia Beach Rescue Squad Foundation. It is the earnings on the Foundation's endowment that fund the Foundation's city-wide recruitment program as well as the annual grant awards to other rescue squads, Marine Rescue Team and the SAR/Bike team.The balance for the purchase of the ambulances and stretchers will be funded from funds on hand. VBVRS continues to lead the volunteer EMS system with 150 Core Operational and 49 members in the pipeline. In addition,the squad responds to approximately one-third of EMS calls and routinely staffs other stations and lends ambulances to other squads when needed. Our ambulance committee has worked very hard in developing a best-value specification and has followed all City guidelines.We intend to continue our prudent replacement program over the coming years in order to keep our fleet up to date and provide the City with first class assets and service. Your consideration and assistance with this loan is greatly appreciated. Please feel free to call if you have any questions for the Squad. Sincerely, Travis W.Smith Chief,VBVRS VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC. 7 40 VIFIGI iA BEACH BLVD. ;VIRGINIA BEACH, VIRE I' 1 .23'5" 'PHONE -757-437-48K 'FAX 757-437-0422 www.vbvi E.c,rg DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: Virginia Beach Volunteer Rescue Squad, Inc. Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER (use additional sheets if needed) X Accounting and/or preparation of Dixon Hughes tax returns Goodman, LLP Financial Services (include X lending/banking institutions and TowneBank - current mortgage holders as Checking Only applicable) X Legal Services Wolcott Rivers Gates CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. X 1 APPLICANT'S SIGNATURE Bradford F. Sauer January 28, 2019 Treasurer PRINT NAME DATE \\voboov comvItsADepartmeam\EMS\EMS Malin\g00-CMM,SVC-PROLE S ARFAISUPPUER•AG EEMENT-MANAGEMENT‘suDPle•Alocally-Permitted-emsems-dlulosure•statement-Qoa 11' ovarnpl`sl\Departments\EMSI,EMS Minn`000-CMMI-SVC•PROCESS•AREA\SUPPLIER•AGREH4ENT•MANAGEMENT1suppl*Vocally-penriled-emAerns•disclosure-statement--fula$e.pd! K. PLANNING 1. CLEAR CREEK HOLDINGS,LLC for a Conditional Change of Zoning from R-10 Residential & I-1 Light Industrial to Conditional I-1 Light Industrial at a vacant parcel off of South Birdneck Road, approximately 680 feet from Carissa Court re construct three (3) buildings for industrial office/warehouse units DISTRICT 6—BEACH (Deferred from March 19, 2019) RECOMMENDATION: APPROVAL a I .r. .. ' -- cy► — • ! fYiff �. Q a I171 J r a to a awls �Q IO inr 4-1 0 WR [- coC 11-0o Ptie4 - . Fr•aatt) Lii L�i 1Rcii o - t`y�ly�1 .,r ._,P Q- 0Vct WI air* 7 (g i it r%..r - lai or. --77gs __ ______,__ __________________ ___:.,_______,______ _____, , -----------� • . .._ I _ __________ --100.Aft. a 97 1#011. � — _ ____________ , ix\ r. 0 7 W ----1.-__11-11-1-;-:::111-4tAti______e:C__---------rir 4111D ikki 1 (Th Orpt =OM fil ME \-S. 0 i 61 .a 1 c:i- . VIII I�1 ► r\.' 'r . Ce a) a) Q - U IT.-- ill � ar p \ i= O ^\tiH1 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: CLEAR CREEK HOLDINGS, LLC [Applicant & Property Owner] Conditional Change of Zoning (R-10 Residential District & I-1 Light Industrial District to Conditional I-1 Light Industrial District) on property located on S. Birdneck Road (GPIN 2417417724), COUNCIL DISTRICT — BEACH. MEETING DATE: April 2, 2019 • Background: This application was deferred by City Council action on February 5th and February 19th to allow for additional community outreach. On March 19th, the City Council deferred the application again to allow proper timing for the review of revised proffers further restricting allowed uses on the property, as indentified as underlined text on page 3 of the staff report. The 4.38-acre undeveloped lot is zoned both R-10 Residential District (along S. Birdneck Road) and I-1 Light Industrial District (on the western portion of the lot). The applicant is requesting to rezone the entire site to Conditional I-1 Light Industrial in order to construct three buildings that will contain 38 industrial office/warehouse units. The proposed exterior building materials will include metal panel siding with a vertical raised-seam band along the top of the building, and split-face block CMU water table to add visual interest to the façade facing Birdneck Road. The proffered landscape plan depicts streetscape frontage, parking lot and foundation plantings, as well as the required 25-foot wide Category II landscape buffer adjacent to the residentially-zoned property to the north. • Considerations: In Staff's view, and the Planning Commission concurred, that the proposed rezoning to I-1 Light Industrial District is appropriate for this site, as light industrial uses are consistent with the land use policies set forth for both the Historic Seatack Suburban Focus Area and the Special Economic Growth Area 1 - East Oceana. Furthermore, the property is located in the Accident Potential Zone 2 (APZ-2) and is encumbered by a Navy easement which restricts certain land uses in the high noise zones near Naval Air Station Oceana. Based on the existence of the easement, while a portion of the property is indeed zoned residential, residential uses are not permitted under the terms of the easement. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. Clear Creek Holdings, LLC Page 2 of 2 There was one opposition letter received immediately prior to the Planning Commission public hearing. The citizen requested that the Planning Commission defer the application and noted concerns regarding public notice, traffic, flooding, and the transition of land in the Birdneck Road corridor from residential to industrial uses. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Proffer Agreement Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep. . .• - i • = -ncy: Planning Department City Manager: Applicant & Property Owner Clear Creek Holdings, LLC Agenda Item Public Hearing January 9, 2019 �� City Council Election District Beach Virginia Beach Request Conditional Rezoning (R-10 Residential & I-1 Light Industrial to Conditional I-1 Light olio"' Soumeen Badevard Norfolk Avenue -c 75 ne ONL Industrial) API, = Xrack HMSrreel o +'�` `.r t $ ?ab, / t �4',- F Staff Recommendation 3 ��5�'` •�" .,< . ren.r'Orn.. ,, Approval t vt " 1 ,,a'a' hese...„rree F Beau t am. Run -"� - Staff Planner „..,,,creak S. Goo land*,.I, =4 Jonathan Sanders AVT? a SS Location West side of S. Birdneck Road `N`Rekr•,M lrr4"Inn.' GPIN 2417417724il Site Size S,,arem� 4.38 Acres AICUZ Greater than 75 dB DNL;APZ 2 Watershed Chesapeake Bay cci d t I OW�4'"'i a#;,2...„.., �� 4.f Existing Land Use and Zoning District V4t,p. ::. ,-n Wooded/1-1 Light Industrial, R-10 Residential �W y' , Surrounding Land Uses and Zoning Districts 4 01.4_„..,,,,,_ 43 1 North . . ` x,0,,'. .sivr,, ;-: 'ti. .4a Vacant/1-1 Light Industrial, R-10 Residential R e "" South a .r'4 ,xp,7+.' . : �' Virginia Beach Animal Care&Adoption Center/ r B-2 Community Business, Conditional I-1 Light i A Industrial . :i.;"_ -' East ' . " • ` ` Park/R-10 Residential ""'! '` .r u West r,toi ,r.. , h Wooded Conditional I-1 Light Industrial . is / g Clear Creek Holdings, LLC Agenda Item 1 Page 1 Background and Summary of Proposal • The subject site is zoned both R-10 Residential District on the eastern portion of the lot fronting S. Birdneck Road and I-1 Light Industrial District on the western portion of the lot. The applicant is requesting to rezone the entire site to Conditional I-1 Light Industrial in order to construct three buildings that will contain 38 industrial office/warehouse units. • The 4.38 acre site exists as an undeveloped forested lot. The site is located in the Accident Potential Zone 2 (APZ-2) and is encumbered by a Navy easement which restricts certain land uses in the high noise zones near Naval Air Station Oceana. Each business will need to obtain a determination letter from the Navy to ensure that a proposed use within the building meets the terms of the easement. • Three one-story buildings are proposed with a central drive aisle providing access to parking and loading spaces. One vehicular ingress/egress is proposed along S. Birdneck Road with a large turn-around area and 18 parking spaces. • The proposed exterior building materials will include a split-face block CMU water table, metal panel siding with a vertical raised-seam metal sided band along the top of the building. White roll-up doors and an entrance door are proposed for each unit. • The landscape plan depicts streetscape frontage, parking lot, and foundation plantings. The required 25-foot Category II landscape screening buffer is depicted adjacent to the residentially-zoned property to the north. • A stormwater management area is proposed at the western end of the site. r �t�t1i 7f' 1] primII'.or Ni ens — I® �12 •oar. , 17 ,. Zoning History f - 5 P-1 # Request — � �` 1 CRZ(R-2.5 and I-1 to Conditional I-1)Approved -- �`'' •%' _���_—r_=�< 12/06/2017 /� At ' 2 CRZ(R-10 to Conditional I-1)Approved 12/11/2007 CUP(Bulk Storage)Approved 12/11/2007 (8 • R-to \ i CUP(Outdoor Recreation Facility)Approved 02/09/1987 3 REZ(R-5 to A-1)Approved 07/06/1981 1 I ; Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Clear Creek Holdings, LLC Agenda Item 1 Page 2 Evaluation and Recommendation In Staff's opinion,the proposed rezoning to I-1 Light Industrial District is appropriate for this site, as light industrial uses are consistent with the land use policies of both the Historic Seatack Suburban Focus Area and the Special Economic Growth Area 1- East Oceana. The proposed light industrial use will provide low-scale, low-intensity economic opportunities for the area. As recommended by both plans, additional plantings are proposed beyond the minimum throughout the site and along the right-of-way. Based on the considerations above, Staff finds the request to be acceptable and recommends approval subject to the proffers below. Proffers The proffers have been modified between Planning Commission and City Council review, as underlined below. Proffer 3 has been added, and the former Proffer 3 becomes Proffer 4. The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed,the vehicular access, landscaping, building locations, setbacks and freestanding sign shall be substantially as depicted and described on the exhibits entitled, "EXHIBIT-SEATACK BUSINESS CENTER VIRGINIA BEACH,VIRGINIA" (Sheets Cl through C4), and "LANDSCAPE PLAN —SEATACK BUSINESS CENTER,VIRGINIA BEACH, VIRGINIA" (L1 through L4), dated September 26, 2018, prepared by Gallup Surveyors & Engineers, Ltd.,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter "Concept Plans"). Proffer 2: When the Property is developed, the buildings depicted on the Concept Plans shall have the architectural design, appearance and height substantially as depicted and described on the three (3) renderings labeled "SOUTH BIRDNECK ROAD VIEW" "INTERIOR VIEW" and "BACK VIEW (SOUTH)—SEATACK BUSINESS CENTER", dated 10-1-18, prepared by Covington Hendrix Anderson Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter the "Elevations"). The primary exterior building materials shall be split-faced cmu, raised seam metal paneling and white overhead doors. Proffer 3: When the property is developed it shall not be used as mini-warehouses (i.e. self storage), automobile service stations, or automotive repair garages as provided for and defined in the Zoning Ordinance. Proffer 4: Further conditions 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. Staff Comments: The proposed proffers are acceptable and provide confidence that the site will be developed as depicted in terms of layout, plantings and architectural design and materials. Clear Creek Holdings, LLC Agenda Item 1 Page 3 Comprehensive Plan Recommendations This site is designated in the Comprehensive Plan as being located within Suburban Focus Area 9: Historic Seatack. This area is thought to be the oldest African-American settlement in Virginia. Seatack is an integral part of the Resort Area, and while primarily a residential community with supporting religious institutions and public facilities, it also includes some businesses and light industry. Much of the SFA is constrained by the Special Flood Hazard Area, AICUZ restrictions, and Navy restrictive easements. Recommendations for this area include having all new development adhere to Article 18 of the Zoning Ordinance concerning AICUZ restrictions, be compatible with existing residential areas, have significant landscape screening buffers between existing residential areas and new non-residential development, and design stormwater systems to not negatively impact adjacent parcels. In addition,the site is also located within Special Economic Growth Area 1 (SEGA-1)—East Oceana. The Plan calls for development that is sensitive to the neighborhood context while realizing compatible economic development in the area. Recommendations include light industrial uses with significant buffers to shield the surrounding neighborhoods from intrusive impacts. Natural and Cultural Resources Impacts This site is located within the Chesapeake Bay watershed.There does not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic S. Birdneck Road 15,798 ADT 1 28,200 ADT 1(LOS°"C") Existing Land Use 2-289 ADT 30,600 ADT 1(LOS°"D") Proposed Land Use 3-740 ADT lAverage Daily Trips 2 as defined by one acre of 3 as defined by a 59,500 square foot °LOS=Level of Service R-10 and 3.4 acres of I-1 business park zoning Master Transportation Plan (MTP) and Capital Improvement Program (CIP) South Birdneck Road in the vicinity of this application is considered a four-lane divided minor suburban arterial. The existing infrastructure currently resides in an approximate 100-foot right-of-way. The MTP indicates a four-lane facility within a 145-foot wide right-of-way. There are no roadway CIP projects slated for this area. Public Utility Impacts Water The site must connect to City water. There is an existing 30-inch City water transmission main along S. Birdneck Road. There is an existing 12-inch City water main along S. Birdneck Road. Sewer The site must connect to City sanitary sewer. There is an existing eight-inch City gravity sanitary sewer main along S. Birdneck Road. Clear Creek Holdings, LLC Agenda Item 1 Page 4 Proposed Site Layout MATCH LINE A–A ,,,44 — .1 UNIT BA PFD DWR u POD D00P R.1500 V-MN . +r.•x - — • ± PFD DOER UNIT T° `�•. dei 1�+. Pe DOrn �' __\ FF=ISW ', "" 1 it uxIT 7A FF-15W \.\ \_\ o/x WOR • opt DooB . �-1-�` BUILDING AoM DooR I & DN°°°R Ftan e W (I.N.2UIC05OSJUO4R0210) Pr. \\ ; PFD D" •nN RT. 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'� EXHIBIT �'e+ � �fi °'"M jSizi °�"'souSEATACK BUSINESS CENTER I'MRCWA 18,01,VIRGINIA ••CLEAR GIEOC NOID41105,LLC ..:..DMB I...- I a.,..Com •• 6EPTOPZR 26,2018 fEIT Erama-tras a Sala ial 373.IINS' . Cj 1 I M 0.01.1.ICAO 1/. ,.RA a A. r Clear Creek Holdings, LLC Agenda Item 1 Page 5 Proposed Site Layout MATCH LINE B—B . 'r - i1! '``. oM ooCa uMl loc �___rt, =� - • PED DOOR R-1150 . - .ram • .... ...-_—,—.. .../. Pm DoT ..I . > .."/ Kf.� NOW DR FORMERLY - ` / ,� •„� ML OM DOOR Fr'-'1f50 (I.N.7CCO.700{66210) _ WTly>n �> J INE OTT R MOM SEAM ' ,V.IG NIA_+CA.'SI MCI 9-1•RA I.R.Q'w.]�It ae i z fir)IN ELMCZTO111111. :'FfIRs�1. I__': : R.11x .rat�.y „ _7 a09P� ..�Y ^y : _ �i {D D0 X13 1 0;:.:k;' .,\\ f \, UMFf 7C ` !F� ' \ on,OPF FF-1150 UNIT 7DA OM EOM �' .na FF-1150 PED D00R ' :1 `_E- .. BUILDING C, unnt 6C t RD OOOI FF=11.50 FM 000 g mr 19A 11.50 OM COON .j PED OOT r® . \\., 0/H DOM uMlx E\ =� \�.,. Ff-11.50 Mr 1M `• `��;? OM COOT AC R.11.50 PED DOOR - ., -.. Z. I' URrt 2_ -. PED FF-f2D0 .. lJ PED DOOR .•'/_1 FED 00011 WIT 17A I \- 0 DOOt UM A-12Ao PFD DOM,_ I` \\f.] FT.113C200 _ J 'F000N-, \\ oM coag oI O=FO1.17- oM DOOI �PyylR663D� 7 u= 2c maw*MAXI I .II ..700112.; .I. IS R 5,7 PED DOOR rT=12.00 0.0.ss P.ISN J BB.to P2 FT LPI6 Oa7-10I-17 PED DDDR ' Mc.4-14 I-I t • ..` pm COT 10-1230 ,1 30110 PM DOER �t I 5 wur Y1 0M DOOR (25'T 7O-T.1, /0. Tr r( OC' 151 M.. .\ ,' FI S I. Y WIN OR FCANER7 . i. 114E 017Y a_ 111.11111.11• P OM DOOR Ul 10011fI01611/ 0ppo 0a00 UNIT 143 ` .ww c- 0 2011270EMti) FT-1250 pm rapt GM 2tl7-Ot.2 2OED B-2 11 I / • F3 3 D 00011 .• 5.R. ' 1131 11312e FT.1200 0M DOOR 1 I +� E 3 gMIL/ 100 12A o 0/11 DM 1\\\\l\., Fir 1[AN+DS FT=12`.,0 PFD c001t ... 1_ c, . ' g N RD DOOR c 'mala:., m..1. • V3,1-C. LW 111 .11-14.1-1T =sc. ,tr. MO 10A PED 00011 ` . 2.. 7.11.00 ra- `. LOWINETLIM • E 10 - \\\ . M.. . '` y6 0/51 COM MT 1113 MI1-401117 FRF Ra•... �����' MI 11,511,50 DOOR' \__\. FF.1100 FF.1500 ` PED DOOR WEI- MATCH LINE A—A /a C2 Clear Creek Holdings, LLC Agenda Item 1 Page 6 Proposed Site Layout . - (1. 2G19o509CelYlSr D) ` - - \ ,NQG.A REtC+) - , \ •NUI.-Utt 'MRS . rxemr ;14 o.� • e'nCRAWL A.t \ '� m • 1 LA 1011101111100•11010 OM 11117-10-41113 D1-1 MED 1 4. ` .rrVATE Rm li IRAN MI ,,�j' CISCYEMi \ ..----Vita----'''N l N., / ! ...\im ss,-.-.- 0.. 1 . PNOPOLIT LIE PM/ ttIL\ ILA wr.I>� k f 1 ! ® I tr l'. 2I I .0 IINI P, • j YATa eta«tutw tY.200304300,111245 ry p `I f I i' I I I i..1 20M[0.I-1 . f '` /- C ' W I Il :, �A / -,.1.....- r-~ I ; t PROPOSED RETENTION!POND c 0 i I ... n — — — —,,4; ra /MI' .- ® Zak l mo ' ' '�,•' _ Inn. Y �,. ' 4 11Yli OI Y: • �/�lmsrla • . tr atr lrs eYr K °1` °IIS Pa I/ MATCH LINE B—B tri v. C3 Clear Creek Holdings, LLC Agenda Item 1 Page 7 Proposed Landscape Plan MATCH LINE A—A ... ,� u1R SA v I • >6-1 — i - {• + ) inn e + { U IT,. (/ ��� f{ 1 1117 AP ' + 3C'505C9oc 4 Q210i V.IT SA •\ ` i i' , ,:'U 9raCr) bbb���iiilll Ri-I e 41 k T44 i eluu;ir.;e 4 ,' •rG INI 5A • •• \. 1 '': '2,. l UNI NI• 7C p 5-1•111In e i 95Ia+1134 31. N 1.:1L 3 I&JA• --_— All p -'441;_Z.R-h'I-. OF VA EE,+.GM J.1 SF • r•T=__21C111:1991.1 Ci.11J.45.7 t,{H 44 • .1 •3533L T4-1 Tl 9 —- q•- • •I ' + 1:94 AGM G4ti. �.AI7?fl l Mn'1 je'-1 TOR I I .:_ 5U 15113111 Co,333"5 '.: 13-1 �+ - — T5-1rr-- _ 1,-,: ( -Al , ' 'I + T3-2 4- " ` 1 S5-34 I— t ';O—• 12--3 T1- 4 il 1 d T1-1 -n— I' .� Q.:9 lull-All r `. �41111k � ,1 ®lit} -- ,, , S. F _ , Srti4 - r""-w e4._ ` l • ,ND R LANDSCAPE PLAN sou�{ BIRDNECK ft (VARIAa�. SEATACK BUSINESS CENTER 'VW..OUCH 54RG344 CUM CAM NanlB0 LLC MEV GALLUP ,1Z 3� N --' I v. L1 9 401006.L..F�c LA • Clear Creek Holdings, LLC Agenda Item 1 Page 8 Proposed Landscape Plan MATCH LINE B—B Ji-1 • 15-? , g .-,•„,- ,........... 11/ 18-2 � 1i : ammo.-E-4•••...._ • 0 (I.N.7C'OC_ 3 L9i6621D; + 1 •'3_:_. �, 111 4,1 \:, hl;-.NA:71) g 1 15-1 }y}{�.( ,= ' L__ 'E - J41 SW , I I -_ J J'ITI4A - "1 _ _ 1 _ 1 1{ 75-t .0.1 a. 15-t'Al& 0 1 . �- -• 1E1 YC " 'MCP, I.1 If, 1 }�}�}V(J�J� •P. W P.'- -__. 41 • ;or-.P X5.1 1 •, I ••{ J1.1"". • . 1{I • -f T R Wv 1. J•:TI5: - _ 15_7 -;: t ME PTS Q S110 IIA Q W1 1 1 t,.230...J51CI•e, _. f:A1•f • AllHA 2T' Z4: Proposed Landscape Plan t ...-z-.-- . ..,, ..0s...0•e5?+,) \ - • NQ6\A BERCI) - • • •,' . - t `,. Nue-YML \ err RnlS • .\ V''.' y. .IC O0.:f1.1.••UL.1".LLL V S. Y , M.-.•CC2E7S• • .l •\ `';` I •1 V.` -- PMfj A l \` s LI S+Y`2pWSH+: t 7.3+-c: \ .1 7 � 6` .....i.. t� . t, . C \ \\S \ li...`, \ 4 �( ?\•r �; cd \ ••------;i7,ctir -'-<-.- / Y.M.'s:Y v11i WI Le_ • J ,rna'�'1 vi CM # , I I 1 LINO$ / 41 \' •,t . / l\ - HHYDROSEEDC�MI�1N�y •— — _ — _ _ /: . BUSHSEE�V�L�fII1 _--- -' BUS M%0X11 • • ANNUALLY • • I _ -_ _ •HAy.W.I.w.Yr f^QL'Ar XC,FMT Vat-2 P.•ef • IAA.,54 F.]e } @� .ie.. -1 - '* , ...iw•us-- . -''I-- - . r y L k -• --�- I "1S`.,r;l Ir. : . . i'� Io a . _ r __ • • • • • • ,ru a rnL*cs •,] • �FnAL^s • '• S7-20 , ,. MATCH LINE B—B seer I - 1�. L3 Clear Creek Holdings, LLC Agenda Item 1 Page 10 Proposed Landscape Plan BIRDNECK OFFICE PARK PLANT MATERIAL SCHEDULE ABBR.BOTANICAT.NAME COMMON NAME SZE REMARKS TREES I1 Qren.ne phellos trot r-25"calip: Specie angle stem 72 Criers camldee is Trestem R lbod g'-117 ht Mnhi-sleet 13 Moonlit,ruginiunu %scribe)Magnolia T-10 hl Mulli•sten 14 Nista sylvan. Black than r—2.5'caliper Specimen!single stem 75 Plateaus•w ifolla London Plane r 2.5*caliper Specimen'sine e stem 76 Iles ON= .Mexican Holly IU'-12'hl Sluimen.,angle sten SHRUBS • Si Limum'Suwannee R;see Suxanniar Riser 1.ime:hum 3 gallon aim. Com hedge in coin.mulch Ned N:Toe S2 Pilleeporium Mryo MoM Pinosponiun 3,]Silo.rnu. Costmass in coot mulch bad W 3'ac S3 Rosa'Apricot Drill` Apricot Drift Rose' 3 Ohm amt. Cont mass in cont mulch bed 0 lee S4 Res enemies'Nana Schilling,' Dwarf Ynapon Hotly 3 gallon win. Cont mess in coot mulch bed'r�d 3bc S5 Bea inn Blue Princess Blue Primage Holly 5 ippon coot. Cont.hedge is coinmulct,bed Iyl 6'a; S6 Hydrangea'Limelight Hie.Limelight 3 gulkm ann. Cont mass on coot mulch bed(g 4'a S] Ilea roman'hut-ford!nem' D arf nurf as I lolly 3 gallon win. Cont.hedge in cool=deb bed @ Toc PERENNIALS P' HemeroesIlis'Happy Ramos' Hopp Returns Deyli s 2 pillar.cmc. Com mass in coot mulch bed fir!2'oc u ownmu 17571 406 3412 000 07571 466 7668 1. 1. arM Seatack Business Center Carder 6wm.,. Bohm... 6.a *a v.ew«e w. 21m R2 FOR LEASE Jany 4MN.a I # • r.w•eo rn r v au•." L 4 1 i7 4�4 FRFFSMANOrNG 12614700 SIGN 0 F 91EET 4L4 Clear Creek Holdings, LLC Agenda Item 1 Page 11 Proposed Elevations , 6 • ti1 1 7 11) I I E • , It) ' • seizo , LLLo tf)' Clear Creek Holdings, LLC Agenda Item 1 Page 12 Proposed Elevations . - -- -i!)Ti -fr. t ( ."‘• , 11 i I . .11 , • 0 ' N. \ 1 t.-.,.: I i! - VI lal I I 34 1 - 4?F• __, 1.' . I • 1 • -4 PI .1. - •-•• N- ! 911 11- • I IIIM ; „0.,s • , ;e I I :s• 9;;; r ;,.,;zz l• ,/ __ 1) f. IIII, , - • . • t' _11-0 i - 1 j ‘ • •,- . 0 ; I . . S ' 1 1 J- -1 •-•- , . _, • - -lint 1 11111 I T. - 0) 1 ,r) __ :P-h• Z.:-. ! '-'7. If I - 1 1 . T . , ._.. um )0.\ , .IA I--c 1 -- i -..... - ___,...... a _., IL , , to: ,1 I n 1 - 1 i .- . ,z _., J • 4( 1 o) I 42 Clear Creek Holdings, LLC Agenda Item 1 Page 13 Rendering 4 d.i ; < i ,l C c \..c U.,4 ; v ---:-.11t _ T o , CI d11 . / .. : 3 „1.: it ett_ of 01 W 1\11 .—_ toy 9 \ , l p, ii) rW 2 ,` __� �e I.0 3 gas r `1- ,11 � Si c.; 0 0 Clear Creek Holdings, LLC Agenda Item 1 Page 14 Rendering ,, iiii -it illi I =_ --o I - Q . :: ` j dt` z ryas .9, , i 3 i �` , W - YYlit .7.- ` _ - - .,..,---'-. i , i . . . ic i:mi /■ t I (yam 1 .{,QCT ;,-=~„ £/ z ii, 1 liii ) :L. ni • "lir j , ul j 4 ,,r I i fp • li i 1 Clear Creek Holdings, LLC Agenda Item 1 Page 15 Proposed Sign PROPEIii V OF eaFibal 1161 CIIPIIthey 621Y2U 1624 7,..D.... V.,On,Mae.V.134'2 (757)486 3412 0 000 (757]486 7658 nr t Mad E,,FI d'Se v CARDSeatack Business Center MAL$1CN COM C sealack Bos.n.sb :-- !I Canto, Centel S.pn Lot nT.om Bwdneck Rd :A:1nED AES euaonm SVSrEAVS Va Beach '"DOLE ram 28173 R2 i oe.arr• A FOR LEASE S Manan Jerry Phelps 1, . SPL,.ACED eLOCK PAINTED SW am MA LABARiv • Is,.. 1,2- 1 I I i I I I i Date: 12-6-18 FREESTANDING LIGHTED SIGN 0 F Ci.eom'.aon,ovat Clear Creek Holdings, LLC Agenda Item 1 Page 16 Site Photos 14000, • .•.4,,,, , •• . . , . .,,,,itile . .,, . .... .:,_ . 1. .•:. ,. . ., ...,,, • ,. . ..„ ..,..:.---. .. ., _,-,-., P , -1 � 4 yy`L : - .. --...t.,..„4,..„.. .•..., .. { eK'~ 4M „ ,.. y y t p ,4 . 7''..'-j. . 44* gy a • L 4,`+a .., -.:,-.,.,.•,.4 *-4.•••4...,,,,,,.44,1••• ".;,... .'t 04ct. . ; ,,,:•,•,1: .1 to •t - - F.... ,,.. ;. ,....... 4,-i. - . . . . ,....v,... ._4 ... • vt \ • . .,.. ..,,,_,: ,.. .,...... ,,*4, . ;.. ). . : , ,...: .,..•,, . ..-.g.-',-, f - L -.�' F L y� Y A. 1 ���irf,�~. 1n4•�i iR.:,' `��'..rs.iiml-x ..,u.�"';is. — - - XJ:L,3J 1 . ♦ :4,-„.7:'...)f. 2.e. ,0 Sf 4`y, s *�.P[ ' .y 1 (tom, r +yy ,d ; ' j I . ,.,J, _r...... `...... Wax. Iv _ •. wb -_ .�. - 111.1mainimisi .,S . Clear Creek Holdings, LLC Agenda Item 1 Page 17 Disclosure Statement VI APPLICANT'S NAME Clear Creek Holdings, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: I Acquisition of Property , Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness a Street Closure (Historic Review Board) I Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 1 SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 Clear Creek Holdings, LLC Agenda Item 1 Page 18 Disclosure Statement 14113 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Clear Creek Holdings, LLC If an LLC, list all member's names: Lawrence Kurtz, Sole Member/Manager If a CORPORATION, list the the names of all officers, directors, members. trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name. If an I LC, list the member's names: Page 2 of 7 Clear Creek Holdings, LLC Agenda Item 1 Page 19 Disclosure Statement . ' Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,Va. Code 6 2 23101 2 "Affiliated business entity relationship' means 'a relationship. other than parent-subsidiary relationship, that exists when ti; one business entity has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity. or iiiii there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities, there are common or commingled funds or assets the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act. Va Code§ 2 23101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Clear Creek Holdings, LLC Agenda Item 1 Page 20 Disclosure Statement lk/B.-- APPLICANT Virginia Beach - YESj NO � SERVICE PROVIDER fuse additional sheets if i needed) XAccounting and/or preparer of !Rip Walters.CPA your tax return X Architect/Landscape Architect/ Covington Hendrix Anderson Land Planner Architects ' Contract Purchaser(if other than X the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed IX)I purchaser of the subject property I (identify purchaser(s)and purchaser's service providers) i X IJ Construction Contractors Mike Lanning ! XEngineers/Surveyors/Agents Gallup Surveyors&Engineers.Ltd i 1 Financing (include current — X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) - l XLegal Services ;Sykes Bourdon Ahern&Levy. P C Real Estate Brokers / 'John Katsias X Agents/Realtors for current and anticipated future sales of the subject property _ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I Does an official or employee of the City of Virginia Beach have X l an interest in the subject land or any proposed development [contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Clear Creek Holdings, LLC Agenda Item 1 Page 21 Disclosure Statement N/B Virginia Bench CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Clear a of Lawrence Kurtz, Manager , APPLICANT S 1 R PRINT NAME DATE • Page 5 of 7 Clear Creek Holdings, LLC Agenda Item 1 Page 22 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Clear Creek Holdings, LLC Agenda Item 1 Page 23 Item #1 Clear Creek Holdings, LLC Conditional Rezoning (R-10 Residential& I-1 Light Industrial to Conditional I-1 Light Industrial) South Birdneck Road District—Beach JANUARY 9, 2019 CONSENT Ms. Oliver: The next order of business, we will address those they have been placed on the consent agenda and the vice chair will handle this portion of the agenda. Ms. Rucinski: Thank you madam chairman. This afternoon, we have four items on the consent agenda. The first matter to be heard is item number one. This is an application for a conditional rezoning R-10 residential and I-1 light industrial to conditional I-1 light industrial on property located on the west side of South Birdneck Road approximately 680 feet from Carissa Court in the Beach District. Do we have a representative? Mr. Bourdon: Thank you madam secretary. Madam chair for the record Eddie Bourdon, Virginia Beach Attorney representing Clear Creek Holdings, LLC. We appreciate this item being on the consent agenda as we worked diligently with your city staff on this request and have provided answers to the questions that were raised in the informal this morning about access and parking and my client will be putting in wheel-stops as you suggested. Thank you very much. Ms. Oliver: Thank you. Ms. Rucinski: Thank you, so this is going to be reviewed by Commissioner Redmond. Mr. Redmond:Thank you. This is an application of Clear Creek Holdings, LLC for conditional rezoning from R-10 residential and I-1 light industrial to conditional I-1 light industrial on property located on the west side of South Birdneck Road. The subject site is zoned both R-10 residential district on the eastern portion of the lot fronting South Birdneck Road and I-1 Light Industrial District on the western portion of the lot. The applicant is requesting to rezone the entire site to conditional I-1 Light Industrial in order to construct three buildings, that you see them there, that will contain 38 industrial office and warehouse units. The site is about 4.3 acres and sits on an undeveloped forested lot. It is also located in the Accident Potential Zone 2 and is encumbered by a Navy easement which restricts certain land uses in the high noise zones near Naval Air Station Oceana. So each business will need to obtain a separate determination letter from the Navy to ensure that its proposed use in the building meets the terms of the easement. There was some discussion this morning about the number of parking spaces, the 1 appropriateness of the number of parking spaces. The applicant helpfully provided some additional data that we did not have this morning. The total number of parking spaces will be 119, 18 of those spaces will be in the front, loading space in the rear and approximately 100 parking spaces in front of or along the open space internal to the center, so which comes out to little over three parking spaces per unit. The commission is unaware of any opposition to this application, the staff recommends approval. The Planning Commission, therefore, concurs by consent, thank you. AYE 10 NAY 0 ABS 0 ABSENT 1 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE PROFFERS: 1. When the Property is developed, the vehicular access, landscaping, building locations, setbacks and freestanding sign shall be substantially as depicted and described on the exhibits entitled, "EXHIBIT - SEATACK BUSINESS CENTER VIRGINIA BEACH, VIRGINIA" (Sheets Cl through C4), and "LANDSCAPE PLAN — SEATACK BUSINESS CENTER, VIRGINIA BEACH,VIRGINIA" (L1 through L4), dated September 26, 2018, prepared by Gallup Surveyors & Engineers, Ltd., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter"Concept Plans"). 2. When the Property is developed, the buildings depicted on the Concept Plans shall have the architectural design, appearance and height substantially as depicted and described on the three (3) renderings labeled "SOUTH BIRDNECK ROAD VIEW" "INTERIOR VIEW" and "BACK VIEW (SOUTH) — SEATACK BUSINESS CENTER", dated 10-1- 18, prepared by Covington Hendrix Anderson Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter the "Elevations"). The primary exterior building materials shall be split-faced cmu, raised seam metal paneling and white overhead doors. 3. Further conditions 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. 2 0141A.Bileit.. ...1:.s... ,..„::...v ...p CITY OF VIRGINIA BEACH * , * INTER-OFFICE CORRESPONDENCE 3944:- , ----,,-. * UR 000. In Reply Refer To Our File No. DF-10145 DATE: March 21, 2019 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson INL. DEPT: City Attorney RE: Conditional Zoning Application; Clear Creek Holdings, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 2, 2019. I have reviewed the subject proffer agreement, dated September 28, 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 CLEAR CREEK HOLDINGS, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 28th day of September, 2018, by and between CLEAR CREEK HOLDINGS, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain piece or parcel of land located in the Beach District of the City of Virginia Beach, containing 4.384 acres, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-io Residential and I-1 Industrial Districts to Conditional I-1 Industrial District; 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 Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the GPIN: 2417-41-7724-0000 PREPARED BY: IIOLTPDON, tl1ll R\'&I£VI',P.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 community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW,THEREFORE, the Grantor, its successors,personal representatives, assigns, grantees, and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning,site plan,building permit, or subdivision approval,hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that 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. When the Property is developed, the vehicular access, landscaping, building locations, setbacks and freestanding sign shall be substantially as depicted and described on the exhibits entitled, "EXHIBIT - SEATACK BUSINESS CENTER VIRGINIA BEACH, VIRGINIA" (Sheets Ci through C4), and "LANDSCAPE PLAN — SEATACK BUSINESS CENTER, VIRGINIA BEACH, VIRGINIA" (Li through L4), dated September 26, 2018, prepared by Gallup Surveyors &Engineers, Ltd., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Concept Plans"). 2. When the Property is developed, the buildings depicted on the Concept Plans shall have the architectural design, appearance and height substantially as depicted and described on the three (3) renderings labeled "SOUTH BIRDNECK ROAD VIEW" "INTERIOR VIEW"and"BACK VIEW(SOUTH) — SEATACK BUSINESS CENTER", dated PREPARED BY: SYKES. POLTDON. 10-1-18, prepared by Covington Hendrix Anderson Architects, which have been exhibited MILO AA£RN&LEVI',P.C. to the Virginia Beach City Council and are on file with the Virginia Beach Department of 2 Department of Planning (hereinafter the "Elevations"). The primary exterior building materials shall be split-faced cmu, raised seam metal paneling and white overhead doors. 3. When the property is developed it shall not be used as mini-warehouses (i.e. self storage), automobile service stations, or automotive repair garages as provided for and defined in the Zoning Ordinance. 4. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the R-io Residential and I-1 Industrial Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor 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 Grantor covenants and agrees that: PREPARED BY: al]]S1'kES, POL`RDON, (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be MU AHERN& 1,P.h. vested with all necessaryauthority,ty, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, 3 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 Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY SW SYKES,POURDON. AIlERN&LEVY,P.C. 4 WITNESS the following signature and seal: Grantor: Clear Creek Holdings, LLC, a Virginia limited liability company By: T-NL (SEAL) LawrenceManager/Sole Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 1st day of October, 2018, by Lawrence Kurtz, Manager/Sole Member of Clear Creek Holdings, LLC, a Virginia limited liability company, Grantor. _>41:kie . 0/1 Notary Public My Commission Expires: August 31, 2022 H Notary Registration Number: 192628 `.gyp►•M • 4 N� V r QQ 9'PUBL O PREPARED BY ..I SYKES.POURDON, LI Al1RRN&LfVY,P.C. 5 EXHIBIT "A" ALL THAT certain tract, piece or parcel of land, situated near Virginia Beach, in Seaboard Magisterial District (now assessed for tax purposes on the land books, under Lynnhaven Mosquito) in Princess Anne County, in the State of Virginia, beginning at a pin in the West side of Chatham Road (also Known as State Highway No. 637), where the dividing line between the property now or formerly belonging to Grayson Whitehurst and the property now belonging to Dianna Sharp intersect the West side of Chatham Road; thence running N 84 degrees 51' W 1013.38 feet to a pipe; thence running N 5 degrees o9' E 200.64 feet to a pipe; thence running S 84 degrees 51' E along the line dividing the property hereby conveyed from the property now or formerly belonging to Norman Williams, 961.74 feet to the West side of Chatham Road; and thence running S 9 degrees 17' E along the West side of Chatham Road 207.2 feet to the point of beginning. GPIN: 2417-41-7724-0000 H:\AM\Conditional Rezoning\Clear Creek Holdings\Proffer Agreement.docx PREPARED BY . SUES,POURDON. AI AHERN&LEER',P.C. 6 L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY BOARD BOARD OF BUILDING CODE APPEALS -ELECTRICAL DIVISION -NEW CONSTRUCTION DIVISION -PLUMBING AND MECHANICAL DIVISION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 **************************** 2019 CITY COUNCIL MEETINGS Tuesday,April 9 Special Session/Workshop Tuesday,April 16 Formal Session Tuesday,April 23 Special Session/Workshop Tuesday,April 24 Special Session/Public Hearing— Old Donation School Tuesday,April 30 Special Session/Public Hearing Tuesday, May 7 Formal Session Tuesday, May 14 Special Session 04/02/19 jag CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/19/2019 PAGE: 1 AGENDA ITEM# SUBJECT MOTION VOTE A H V W W B E J A R I 0 B DNOK MC 0 L W 0 O Y L N A 0 AU S 0 T T EEENSNS O O E T R Y S ; E S T E N D N ICITY COUNCIL'S BRIEFING A. APPOINTMENT PROCESS—BEACH City Council DISTRICT H. CITY MANAGER'S BRIEFINGS Kevin Krigsvold, A. CENSUS 2020 COMPLETE COUNT Regional Census Director—Census 2020 Jolilda W.Saunders, Administrative Services Manager— Planning HOUSING RESOURCE CENTER Andrew Friedman, B. Director—Housing and UPDATE Neighborhood Preservation Ruth Hill,Housing Resource Center Administrator Pam Shine,Housing Systems Manager C. UNAUDITED FINANCIAL RESULTS/ Alice Kelly,Interim OTHER POSTEMPLOYMENT Director—Finance BENEFITS(OPEB)/LONG TERM DEBT D. FY 2019-20 RESOURCE Mark Johnson, MANAGEMENT PLAN(Budget)— Director—Public STORMWATER UTILITY FUND Works HI/IV/V/ CERTIFICATION CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y Y VI A-E F. MINUTES APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y March 5,2019 G. MAYOR'S PRESENTATION Virginia Beach Clean Community Commission Founders Day H. PUBLIC HEARINGS H.1 LEASE OF CITY PROPERTY—OPEN NO SPEAKERS AIR MARKETS a. 700 Block of 18th Street in ViBe Park to Old Beach Fanners Market b. 700 Block of 18th Street in ViBe Park to Old Beach Farmers Market,t/a Old Beach Art and Eco Market H.2 LEASE OF CITY PROPERTY— NO SPEAKERS FARMERS MARKET a. Building 6,Space 1 to Lisa's Tinker Treasures b. Building 8,Spaces 23&24 to Moosewood Creek Primitives CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/19/2019 PAGE: 2 AGENDA ITEM# SUBJECT MOTION VOTE A H V W W B E J A R I 0 B DNOK MC 0 L W 0 O Y L N A0 AU S 0 T T E E ENS NS O O E T R Y S E S T ENDN H.3 OPEN AIR CAFE FRANCHISE NO SPEAKERS AGREEMENTS a. Baja Taco,Inc.,t/a Baja Cantina Café re Atlantic Ave Side Street Café at 206 23rd St b. Chix Sea Grille,LLC,t/a Chix Café re Connector Park Café at 701 Atlantic Ave c. Fish-N-Bones,Inc.,da Fish Bones Café re Boardwalk Café at 1211 Atlantic Ave d. Dandrea,LLC,t/a II Giardino Café re Atlantic Ave Side Street Café at 910 Atlantic Ave e. Jumpin Shrimp,Inc.,t/a Jumpin Shrimp Café re Connector Park Café at 1211 Atlantic Ave f. Karpathos,Inc.,t/a King of the Sea Café re Atlantic Ave Side Street Café at 2612 Atlantic Ave g. 9th Street Grill,Inc.,t/a Manhattan re Atlantic Ave Sidewalk Cafe at 812 Atlantic Ave h. Scrambled,Inc.,t/a Scrambled re Atlantic Ave Sidewalk Café at 910 Atlantic Ave i. Dunes Investment Associates,LLC,da The Beach Club re Boardwalk Café at 901 Atlantic Ave j. Gold Key/PHR Food Services,LLC,t/a Tortugas Café and Tiki Bar re Boardwalk Cafe at 3400 Atlantic Ave k. Gold Key/PHR Food Services,LLC,ba Tortugas Café and Tiki Bar re Connector Park Café at 3400 Atlantic Ave I. Fogg's Seafood Company,t/a Waterman's re Connector Park Café at 415 Atlantic Ave J. Ordinance to GRANT two(2)franchise ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y J.1. CONSENT agreements re Open Markets On Public Property to the Old Beach Farmer's Market and Old Beach Art and Eco Market in the 700 Block of 18th Street in ViBe Park J.2. Ordinances to AUTHORIZE the City Manager to EXECUTE a Lease of City- Owned Property at Virginia Beach Farmers Market: a. Building 6,Space 1 to Lisa Preuss,d/b/a ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Lisa's Tinker Treasures CONSENT b. Building 8,Spaces 23&24 to Angela C. ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y YY Surgeon,d/b/a Moosewood Creek CONSENT Primitives J.3. Ordinance to GRANT twelve(12) ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y franchise agreements re Open Air Cafés in CONSENT the Resort Area: a. Baja Taco,Inc.,da Baja Cantina Café re Atlantic Ave Side Street Café at 206 23rd St Chix Sea Grille,LLC,t/a Chix Café re CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/19/2019 PAGE: 3 AGENDA ITEM# SUBJECT MOTION VOTE A H V W W B E J A R I 0 B DN OK MC 0 L W 0 O Y L N A 0 AU S 0 T T EEENSNS O O E T R Y S E S T ENDN b. Connector Park Café at 701 Atlantic Ave Fish-N-Bones,Inc.,t/a Fish Bones Café re c. Boardwalk Café at 1211 Atlantic Ave Dandrea,LLC,t/a II Giardino Café re d. Atlantic Ave Side Street Café at 910 Atlantic Ave Jumpin Shrimp,Inc.,t/a Jumpin Shrimp e. Café re Connector Park Café at 1211 Atlantic Ave Karpathos,Inc.,t/a King of the Sea Café f. re Atlantic Ave Side Street Café at 2612 Atlantic Ave 9th Street Grill,Inc.,t/a Manhattan re g• Atlantic Ave Sidewalk Café at 812 Atlantic Ave Scrambled,Inc.,t/a Scrambled re Atlantic h. Ave Sidewalk Café at 910 Atlantic Ave Dunes Investment Associates,LLC,t/a The i• Beach Club re Boardwalk Café at 901 Atlantic Ave Gold Key/PHR Food Services,LLC,t/a J. Tortugas Café and Tiki Bar re Boardwalk Café at 3400 Atlantic Ave Gold Key/PHR Food Services,LLC,t/a k. Tortugas Café and Tiki Bar re Connector Park Café at 3400 Atlantic Ave Fogg's Seafood Company,t/a Waterman's 1• re Connector Park Café at 415 Atlantic Ave J.4. Ordinance to DECLARE approximately ADOPTED,BY 9-1 Y Y Y Y Y N Y Y Y Y 6.4 acres of City Property located at the CONSENT intersection of Princess Anne Rd and Community College Place to be in EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a purchase agreement with option for the sale of the property to Princess Anne Hotel,LLC re development of a hotel and restaurant(Deferred from March 5,2019) J.5. Ordinance to AMEND the Economic ADOPTED,BY 9-1 Y Y Y Y Y N Y Y Y Y Development Investment Program(EDIP) CONSENT Policy and Procedure re process for making and paying awards,and enhance reporting requirements J.6. Resolution to SUPPORT the City's ADOPTED 10-0 Y Y Y Y Y Y Y Y Y Y application for the 2019 Virginia Dam Safety Flood Prevention and Protection Assistance Fund Grant from the Virginia Department of Conservation and Recreation J.7. Ordinance to APPROPRIATE$650,000 ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y in local vehicle license revenue to CONSENT Department of Finance FY2018-19 Operating Budget re collection costs of local vehicle registration fees CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/19/2019 PAGE: 4 AGENDA ITEM# SUBJECT MOTION VOTE A H V W W B E J A R I 0 B DN OK MC 0 L W 0 O Y L N A 0 AU S 0 T T E E E N S N S O O E T R Y S E S T ENDN J.8. Ordinances to ACCEPT and APPROPRIATE: a. $1,494,816 from the Virginia Department ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y of Transportation(VDOT)re traffic signal CONSENT rehabilitation and maintenance of roadways b. $3,000 from GEICO to Police Department ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y FY2018-19 Operating Budget re Every 15 CONSENT Minutes Program c. $183,569 from Federal Emergency ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Management Agency(FEMA)to Fire CONSENT Department FY2018-19 Operating Budget re purchase and maintenance of communications equipment for Virginia Task Force 2 Urban Search and Rescue Team d. $98,620 from Virginia Department of ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Behavioral Health and Developmental CONSENT Services(DBHDS)to Human Services FY2018-19 Operating Budget re creation of two(2) new positions to provide enhanced Behavioral Health Services ADD ON Resolution to DIRECT the City Attorney to ADOPTED 10-0 Y Y Y Y Y Y Y Y Y Y file a petition for Writ of Special Election re Beach District vacancy K. DEFERRED TO 10-0 Y Y Y Y Y Y Y Y Y Y K.1. CLEAR CREEK HOLDINGS,LLC for APRIL 2,2019 a Conditional Change of Zoning from R-10 Residential&I-1 Light Industrial to Conditional I-1 Light Industrial at a vacant parcel off of South Birdneck Rd, approximately 680 feet from Carissa Ct re construct three(3)buildings for industrial office/warehouse units DISTRICT 6—BEACH(Deferred from February 19,2019) K.2. JANET T.RESPASS&TERESA APPROVED/ 9-0 A Y Y Y Y Y Y Y Y Y TATEM for a Variance to Section 4.4(b)of CONDITIONED, B the Subdivision Regulations re lot width at BY CONSENT S 1965 Gum Bridge Rd and an adjacent T vacant parcel DISTRICT 7—PRINCESS A ANNE N E D K.3. C AND C DEVELOPMENT CO,INC.! APPROVED/ 5-4 N Y N Y AN Y N Y Y ETCPAC,LLC for a Special Exception CONDITIONED for Alternative Compliance to the Oceanfront Resort District Form-Based Code re lot width,lot area,and parking setbacks at 2508 Pacific Ave&302 26th St DISTRICT 6—BEACH 1 1 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/19/2019 PAGE: 5 AGENDA ITEM# SUBJECT MOTION VOTE A H V W W B E J A R I 0 B DN OK MC 0 L W 0 O Y L N A 0 AUS 0 T T EE ENS N S O O E T R Y S E S T ENDN K.4. VIRGINIA BEACH DEVELOPMENT APPROVED/ 9-0 Y Y Y Y A Y Y Y Y Y AUTHORITY(VBDA)for a Conditional PROFFERED Change of Zoning from Conditional B-2 Community Business to Conditional I-1 Light Industrial,and Conditional I-1 Light Industrial to Conditional B-2 Community Business at the corner of Corporate Landing Pkwy and General Booth Blvd DISTRICT 7 —PRINCESS ANNE K.S. TRADITIONAL CONCEPTS,LLC& APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y VICTORY BAPTIST CHURCH OF PROFFERED/ VIRGINIA BEACH,INC.for a MODIFIED,BY Conditional Change of Zoning from R-15 CONSENT Residential to Conditional R-10 Residential re 13 single-family dwellings and a Modification of Conditions re religious use at 4125 Indian River Rd DISTRICT 7— PRINCESS ANNE J. APPOINTMENTS: RESCHEDULED B YCONS ENS US 2040 VISION TO ACTION COMMUNITY COALITION BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION BIKEWAYS AND TRAILS COMMITTEE Appointed: 9-0 Y Y Y Y A Y Y Y Y Y Dee Oliver Planning Commission Ex-Officio 3/19/19-12/31/2021 _ CLEAN COMMUNITY COMMISSION Reappointed: 9-0 Y Y Y Y A Y Y Y Y Y Scott Kellam 3 Year Term 4/1/2019-3/31/2022 Appointed: Justin Burns Walter Camp Karen Short 3 Year Term 4/1/2019-3/31/2022 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/19/2019 PAGE: 6 AGENDA ITEM# SUBJECT MOTION VOTE A H V W W B E J A R I 0 B DN OK MCO L W 0 O Y L N A 0 AU S 0 T T E E ENSN S O O E T R Y S E S T E N D N GREEN RIBBON COMMITTEE Appointed: 9-0 Y Y Y Y A Y Y Y Y Y David Weiner Planning Commission Ex-Officio 3/19/19-12/31/2021 STORM WATER APPEALS BOARD Appointed: 9-0 Y Y Y Y A Y Y Y Y Y Bobby Tajan Planning Department 5 Year Term 3/19/2019-3/31/2024 M/N/O ADJOURNMENT 7:24 PM