JANUARY 24, 2012 MINUTESCITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR WILLIAM D. SFSSOMS, JR., At -Large
VICE MAYOR LOUIS R. JONES, Bayside - District a
GLENN R. DAVIS, Rase Hall - District 3
WILLIAM R. DeSTEPH, At -Large
HARRY E. DIEZEL, Kempsville - District 2
ROBF,RT M. DYER, Centerville - District I
BARBARA M. HENLEY, Princess Anne -District 7
JOHN D.MOSS, At -Large
JOHN E. UHRIN, Beach - District 6
ROSEMARY WILSON, At -Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER _JAMES K. SPORE,
CITY A7"TORNEY-MARK D. STILES CITY COUNCIL AGENDA
CITY ASSESSOR - JE,RALDD. BANAGAN
CITYAUDITOR-LYNDONS. RLMIAS 24 January 2012
CT TY CLERK - R (T7 H HODGES FRASL,, R, MMC
I. CITY MANAGER'S BRIEFINGS - Conference Room -
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (75 7) 385-5669
E-MAIL: Ctycncl@vbgov.com
A. SUSTAINABILITY PLAN
Clay Bernick, Environment and Sustainability Administrator - Planning
Walt Cole, Planning Director, Clark Nexsen
B. LIFEGUARD SERVICES CONTRACT
1. Request for Proposal Results, Analysis and Recommendation
Bill Davis, Purchasing Agent (10 minutes)
2. Virginia Beach Lifesaving Services Proposal
Kent Hinnant, Chief — Virginia Beach Lifesaving Service (10 minutes)
3. Virginia Beach Emergency Medical Services Proposal (10 minutes)
Bruce Edwards, Chief — EMS
C. INTERIM FINANCIAL STATEMENT
Patricia Phillips, Director — Finance
D. PENDING PLANNING ITEMS
Jack Whitney, Director
II. CITY COUNCIL
A. BUDGET DIRECTION
B. CITY COUNCIL COMMENTS
C. CITY COUNCIL AGENDA REVIEW
III. INFORMAL SESSION
Conference Room
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
3:00 PM
5:00 PM
IV. FORMAL SESSION - City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: Dr. Stanley Sawyer, Rector
All Saints Episcopal 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
G. FORMAL SESSION AGENDA
H. MAYOR'S PRESENTATIONS
1. RESOLUTION OF RECOGNITION
Captain James D. Webb, USN
2. RESOLUTION IN TRIBUTE
Judy Connors
3. ACCREDITED ECONOMIC DEVELOPMENT ORGANIZATION AWARD
Warren Harris, Director — Economic Development
I. CONSENT AGENDA
J. PUBLIC HEARINGS
1. LEASE OF CITY -OWNED PROPERTY — Rosemont Commerce Center
Sentara Way and Avenue A
January 10, 2012
K. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND§ § 16-44,16-45, 16-47, 16-48, 16-49, 16-51 and 16-54 of the City Code re
the Workforce Housing Program (Deferred January 10, 2012)
2. Ordinance to AMEND §35-35 of the City Code re equalization of assessments
3. Resolution in SUPPORT of proposed General Assembly Amendments to the Constitution of
Virginia re Eminent Domain
4. Ordinance to DESIGNATE TAX EXEMPT Personal Property Taxes in behalf of PIN Ministry
5. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with Rosemont Interstate
Center for City -owned property at Sentara Way and Avenue A (DISTRICT 3 — ROSE HALL)
6. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE an Agreement with
the Virginia Department of Agriculture and Consumer Services re additional funding for the
Agriculture Reserve Program (ARP)
7. Ordinance to EXECUTE a Memorandum of Understanding (MOU) with the Virginia Beach
Police Foundation re the "Law Enforcement Memorial" to be constructed at 35th Street and the
Boardwalk
8. Ordinance re MODIFICATION of a $75,000 interest-free loan to the Chesapeake Beach
Volunteer Fire and Rescue Squad to extend dates of repayment
9. Resolution to REQUEST funding from the Commonwealth Transportation Board re an extension
to Progress Lane and the City Manager to execute all necessary agreements
10. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned rights-of-
way, re repair and replacement of bulkheads, anchor piles, return walls, landing platforms, etc.
damaged by "Hurricane Irene" on Ocean View Avenue at Chesapeake Beach: (DISTRICT 4 —
BAYSIDE)
a. ROGER T. and ELIZABETH K. GREGORY TRUSTEES OF ROGER T. and
ELIZABETH K. GREGORY at the rear of 5008 Lauderdale Avenue
b. KELSEY S. and JEAN STEWART at the rear of 5014 Lauderdale Avenue
c. CHARLES O. STAINBACK at the rear of 5016 Lauderdale Avenue
d. ELIZABETH STUART SCHULLER at the rear of 5022 Lauderdale Avenue
e. ANDREW M. FISCHER at the rear of 5026 Lauderdale Avenue
f. GEORGE E. and JANET GONZALEZ at the rear of 5030 Lauderdale Avenue
g. SARAH L. HOUCK at the rear of 5032 Lauderdale Avenue
h. LORRAINE WINCOR, EDWARD REICHBACH and ROBERT RAYLOVE at the rear
of 5036 Lauderdale Avenue
i. DESMOND C. and PATRICIA S. COOK at the rear of 5038 Lauderdale Avenue
11. Resolutions to REQUEST the Virginia Department of Transportation (VDOT) ACCEPT:
a. Additional streets re Urban Maintenance
b. Corrections to the Road Inventory re Urban Maintenance
12. Ordinances to ACCEPT and APPROPRIATE Grant funds:
a. $11,525,844 in FY 2010-11 School Reversion Funding to the School Reserve Special Revenue
Fund
b. A $54,840 Rescue Squad Assistance from the Virginia Department of Health to purchase
Lifepak15 defibrillators and medical equipment
c. $56,520 for the Department of Economic Development from Smart Beginnings South
Hampton Roads to administer the Early Learning Challenge grant initiative
13. Ordinance to TRANSFER funds to the Department of Emergency Medical Services (EMS) and
AUTHORIZE full-time positions re in-house lifesaving services at the Resort Area Beaches
L. PLANNING
Application of LA PAZ, LLC, C/O CHRIS WOOD re a Nonconforming Use to renovate and
ADD to the existing structure at 2256 Calvert Street (DISTRICT 5 — LYNNHAVEN)
RECOMMENDATION
APPROVAL
2. Application of CS2 ACQUISITION, LLC for a Variance to §4.4(b) of the Subdivision
Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO)
at 4800 Dolton Drive (DISTRICT 2 — KEMPSVILLE)
RECOMMENDATION
APPROVAL
3. Application of BUDDHIST EDUCATION CENTER OF AMERICA DONG HUNG
TEMPLE, INC. for a Modification of a Conditional Use Permit re plan and building elevations
(approved April 2, 2011) for a religious use at 423 Davis Street (DISTRICT 2 — KEMPSVILLE)
RECOMMENDATION
4. Application of MCQ BUILDERS, LLC and KROLL ENTERPRISES, II, LLC, for a
Modification of Proffers No. 3 and 4 (approved November 25, 2008) at Dam Neck Road and
Southcross Drive (DISTRICT 7 — PRINCESS ANNE)
RECOMMENDATION
APPROVAL
5. Ordinance to AMEND §§ 2100 and 2102 of the City Zoning Ordinance (CZO) pertaining to
the purpose and intent of Article 21 (Workforce Housing) re definitions and eligibility
requirements (Deferred January 10, 2012)
M. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS
COMMUNITY MEDICAL ADVISORY COMMITTEE
COMMUNITY SERVICES BOARD
HEALTH SERVICES ADVISORY BOARD
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
PARKS and RECREATION COMMISSION
PLANNING COMMISSION
SOCIAL SERVICES BOARD
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
2012 CITY HOLIDAYS
Monday, May 28
Wednesday, July 4
Monday, September 3
Monday, November 12
Thursday, November 22
Friday, November 23
Monday, December 24
Tuesday, December 25
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (half-day)
Christmas Day
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
-I -
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 24, 2012
Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFING, re the
SUSTAINABILTY PLAN in the City Council Conference Room, at 3:00 P.M.
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson
and James L. Wood
Council Members Absent:
None
January 24, 2012
-2 -
CI T YMANAGER'SBR IE FING
SUSTAINABILITY PLAN
3:00 P.M.
ITEM # 61561
City Manager, James Spore introduced Clay Bernick, Environment and Sustainability Administrator,
Planning, and advised the Council has been briefed on this issue in the past. Mr. Bernick advised that he is
there to provide an update on where they are on the Plan process, what they have been hearing and learning
from the community and to provide a snapshot of where they intend to go over the next few months.
Sustainability means a lot of things to different people. For the City's Plan, the definition we are using is
those policies and strategies that help meet our present needs without compromising the ability offuture
generations meeting their own needs.
January 24, 2012
-3 -
CI T YMANAGER'SB R IE FING
SUSTAINABILITY PLAN
ITEM # 61561 (Continued)
The Plan is coming together in concept around three basis areas: Fiscal/Economic, Environmental and
Societal.
Virginia Beach is way out of in front of other cities in the Country as we have a lot ofplans andpolicies that
have been put into place that cast a vision into the future and are linked in a lot of ways to the concepts of
looking ahead. As we put together a Sustainability Plan, the goal is not to reinvent anything; we take what
we have and build upon it and make sure that existing plans and policies are going forward in alignment and
that we provide ample opportunity for community and business input so that we can put together a strategy
that makes most sense for the most citizens in Virginia Beach.
January 24, 2012
-4 -
CI T YMANAGER'SB R IE FIN G
SUSTAINABILITY PLAN
ITEM # 61561 (Continued)
Mr. Bernick introduced Walt Cole, Planning Director, Clark Nexsen, to discuss the Plan Process.
Mr. Cole advised he is a Licensed Landscape Architect and stated that he has been fortunate to be a part of
this Team in terms of putting this together. Mr. Cole advised that in October there Eight (8) Community
Meetings and they have also met with the Steering Committee.
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January 24, 2012
sm
CI T YMANAGER'SB R IE FING
SUSTAINABILITYPLAN
ITEM # 61561 (Continued)
The City is now in the process of developing a preliminary draft and look at how to structure this Plan.
There will be a number of Focus Group meetings. The Focus Groups are built around the topics that we
heard from the Citizens.
In early February, we will have a Steering Committee meeting and be back before the City Council in March
to present the Draft Plan. The Draft Plan will then go out for public comment with three (3) community
input meetings. The goal is to have the Final Plan ready for City Council's approval in July.
January 24, 2012
TT PLAN
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FINAL
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January 24, 2012
SIM
CI T YMANAGER'SB R IE FIN G
SUSTAINABILITYPLAN
ITEM # 61561 (Continued)
Mr. Bernick advised their Group briefed the Envision 2040 Group and the two need to work very closely
together. The Envision 2040 Group's `planning horizon" is approximately twenty (20) years out. The
Sustainability Group's planning horizon is approximately 2063, when the City turns One Hundred (100)
years.
January 24, 2012
- 7 -
CI T YMANAGER'SB R IE FING
SUSTAINABILITY PLAN
ITEM # 61561 (Continued)
The Group had Eight (8) Community Meetings and all of the comments from the public have been
summarized and are available for the public to view on the web -site: www.vb�ov.cona/sustainplan.
The Group will continue to use the internet to post the information gathered and solicit information from the
public.
Mr. Bernick stated that the group used a "word cloud " to illustrate the comments they heard from the public
in each of the three areas. The larger and boldness of the font, represents the number of references
mentioned during the public meetings.
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January 24, 2012
CI T YMANAGER'SB R IE FING
SUSTAINABILITY PLAN
ITEM # 61561 (Continued)
January 24, 2012
CI T YMANAGER'SB R IE FIN G
SUSTAINABILITY PLAN
ITEM # 61561 (Continued)
The Focus Group meetings schedule is identified below:
• Focus Group Meetingsz ,
' ^ Social Responsibili 'January 31
Fiscal Responsibility February 1
Economic Opportunity February 6
^� Enviroitricrital Stewardship February 7
Planning and Design February 9
g �e�onalism February 23
�ol1e ¢ruary 24
Ctt
•"Steering Committee Vision & Goal Setting
February, 13
The Mayor thanked Mr. Bernick.
January 24, 2012
-10 -
CITY MANAGER'S BRIEFING
LIFEGUARD SERVICES CONTRACT
3:15 P.M.
ITEM # 61562
The Mayor advised that each Presenter will be given ten (10) minutes and asked Mr. Spore to introduce the
speakers. Mr. Spore provided the format and speakers: Bill Davis, Purchasing Director, will be the first
speaker; Virginia Beach Lifesaving will be second and Virginia Beach EMS will be last.
Lifeguard Services
Procurement Process
P #E -1%4S -V-12-0032
Mr. Davis provided a timeline of the process as in detail below:
Process Timeline
• August 11, 2011— City Council directed Staff to
prepare a governmental estimate while
simultaneously performing an RFP process
• September 16, 2011— RFP issued
• October 12, 2011- EMS estimated cost submitted
in a sealed envelope to the City Auditor
• October 13, 2011— RFP closed with one
response, Virginia Beach Lifesaving Service, Inc.
January 24, 2012
-11 -
CITY MANAGER'S BRIEFING
LIFEGUARD SERVICES CONTRACT
ITEM # 61562 (Continued)
On November 14, 2011, the City Manager, City Auditor, City Attorney, and Mr. Davis reviewed Virginia
Beach Lifesaving Services pricing and opened the sealed bid from EMS.
Process Timeline
• All pricing was redacted from VBLS proposal for
review purposes. Review committee determined
VBLS to be fully qualified.
• November 17, 2011— VBLS and EMS contacted to
provide revised and deduct pricing for Options J
(Coverage Reduction); L (Boat Patrol); S (ALS
Requirement)
• December 13, 2011— City Council briefed on process
and cost comparison
• January 10, 2012 — City Council reviewed proposals
again and requests additional information and
briefings from VBLS and Staff
The Cost Analysis for the Virginia Beach Lifesaving Services is identified below:
Cost Analysis
Vendor Proposal
• Final vendor price established after considering deduct options,
first year cost $1,445,000;
• 5 Year Cost; $7,309,636
• Proposed a$100,000 annual deduct for several exceptions that
further changed the Scope of Service and were not accepted by the
City
Includes $500,000 Performance Bond
Contract proposal includes a 2% annual escalation clause
January 24, 2012
-12 -
CITY MANAGER'S BRIEFING
LIFEGUARD SERVICES CONTRACT
ITEM # 61562 (Continued)
The numbers submitted by EMS were validated by Management Services as well as the City Auditor's Office
and the Cost Analysis is identified below:
Cost Analysis
Staff Estimate
• Staff estimates validated by Management Services and City Auditor, after
considering deduct options, first year cost $1,210,586
• 5 Year Cost; $5,652,226
• No annual escalation clause
• For public vs. private service comparison purposes, major cost factors
applicable to a private vendor were added to the Staff estimate:
— 2% annual escalation
— Liability insurance
— Workman's comp costs
— Performance bond costs
— BPOL and Personal Property Taxes
Cost Analysis
• The adjusted EMS cost estimate for
comparison for first year cost is $1,244,180
• 5 Year Total; $6,047,169
• After business cost factors were added to the
Staff estimate, there remains a $1.2M or 17%
variance over the life of the contract
January 24, 2012
-13 -
CITY MANAGER'S BRIEFING
LIFEGUARD SERVICES CONTRACT
ITEM # 61562 (Continued)
Kent Hinnant, Chief — Virginia Beach Lifesaving Services (VBLS), and Deputy Chief, Tom Gill made their
presentation today. Deputy Chief Gill thanked everyone for having him there today. He is a proud life
member of the Virginia Beach Volunteer Rescue Squad.
VBLS has been in continuous operation since 1930. VBLS has been a leader over these eighty-three (83)
years in innovations for lifesaving on the Oceanfront. The company was hiring women and minorities before
they were supposed to be. The company put radios on every stand before it was a requirement of the
contract and initiated the USLA Standards as well as the standards for Lifeguard Training. VBLS is a
proactive public safety service by preventing incidents and drowning at the Oceanfront.
VBLS
Continuous service to Virginia Beach since
1930
Certified SWAM Vendor
Equal Opportunity Employer
History of Leading Innovations
Proactive Public Safety Service
January 24, 2012
-14-
CITYMANAGER'S BRIEFING
LIFEGUARD SERVICES CONTRACT
ITEM # 61562 (Continued)
This is an example of the beach during the July 4`h weekend. Virginia Beach has approximately Three -
Million visitors each Summer and utilizes the City's greatest resource, "our great beach".
The VBLS Statistics from 2004-2011 are identified below:
2004 — 2011 Statistics
3927 Rescued
734 Medical Emergencies
8005 Lost Children Reunited with
Guardians
7500 Recipients of Public Education
including Students, Athletes,
Campers, Corporate Employees,
Service4 Members
January 24, 2012
MAIM
CITY MANAGER'S BRIEFING
LIFEGUARD SERVICES CONTRACT
ITEM # 61562 (Continued)
Approximately One -Million Dollars of economic impact were brought to the City during the 2005 USLA
National Championships.
VBLS Since 2004 Continued
USLA National Drowning Prevention Award (2010)
USLA National Lifesaving Award (x2)
2010 Audit By City of Virginia Beach
EMS Agency License (Renewed thru 2013)
USLA Certified Agency (Renewed thru 2012)
Host, 2005 USLA National Championships
Host, 2004,^2007, 2010 Regional Championships
2008& 2010 South Atlantic Region Champions
The current VBLS Corps is identified below:
VBLS Corps
Supervisors f
425 Combined Years of Beach Guarding Experience
90 % Current or former members of Fire or Rescue Service
33% ALS Certified'
Guards
95% From South Hampton Roads
10% EMT Qualified
70% Retention Rate per summer
January 24, 2012
-16-
CITYMANAGER'S BRIEFING
LIFEGUARD SERVICES CONTRACT
ITEM # 61562 (Continued)
VBLS has a few concerns regarding the RFP. First, operations manager qualifications removed any type of
beach guarding experience. VBLS understands their Number One Mission is to take care of the people in the
water. Requiring supervisors to leave the beach to handle other areas, people are taken off of the beach
away from the support of the lifeguards and this leaves a lot to be desired. Finally, the RFP reverts back to
2004 and disregards safe beach adjustments that have been made over the years in conjunction with the
EMS Liaison to shift manpower and staffing.
RFP: Concerns
Operations Manager Qualifications
Requires Non=Lifeguard Responsibilities
Reverts back to 2004 — disregards safe beach
adjustments
VBLS has a number of innovations in the RFP that are identified below:
VBLS Innovations
Guards in stands -May thru Neptune Festival Weekends
Manpower adjustments to recognize dangerous hours
Staggered Staffing to Include Daily Training
AM & PM Supervisor Response Teams / Patrol
[Recognizes VB Budgetary limitations],
January 24, 2012
-17-
CITYMANAGER'S BRIEFING
LIFEGUARD SERVICES CONTRACT
ITEM # 61562 (Continued)
VBLS brings a tremendous amount of additional value are identified below:
Additional Value
National &International Competitions
Assistance with Fundraising Events
Junior Guard Program
National Media Exposure
VBLS received the EMS proposal late Friday night and from the experience of VBLS, the RFP seems to be
missing some key items:
EMS Proposal
s
Missing Hours
f r.
Inadequate, Training Time by 709/o
Proposal calls for 25% fewer guards
Guard and Supervisor Relief hours insufficient
Lack of Equipment
Two ATVs for Resort?,
Missing Expenses
Start —up Costs - $187,000 Identified,
Annual — Headquarters, Admin, Accounting, Fuel,
Maintenance, adequate workmen's compensation,
taxes, etc.
January 24, 2012
IVfm
CITY MANAGER'S BRIEFING
LIFEGUARD SERVICES CONTRACT
ITEM # 61562 (Continued)
The City of Virginia Beach is ahead of the curve in Beach Safety as evidenced below:
Comparable Beaches
Ocean City
Memorial Day Saturday
10:00am-5i30pm _,
FY 2011-2012
Thru Last Weekend in
$2,284,791 -
Sept. `'
(Hire 200+ Guards per
Year)
Duck, NC
Memorial Day Thru
30:00am — 6:00pm
2012 - $269,000
Labor Day (Patrol May
(6 Stands Staffed Daily)
thru October)
Virginia Beach
1st Saturday in May thru
10:00am—7:00pm"
2012 - $1,345,000;
Neptune Festival
9:30am=7:00pm'•
2013,-$1,295,000
Weekend
Response Team staffed 2
(230 Guards and ,
hours prior and 1 Hour
Supervisors / 50 Stands
after guards on duty.
J worked in 2011.)
Wrightsville
Memorial Day thru Labor
10:00am — 5:00pm
2011 Budget - $320,604
Beach
Day
(28 Seasonal Guards)
North Myrtle
May thru September
9:30am — 5:30pm
2012 Budget - $505,000
Beach
(80 — 90 Guards hired)
-Support
VirginiaBeachHotel Motel Association
Shadowlawn Civic League
Shadowlawn Surf Club
Virginian Pilot Editorial Board
Virginian Pilot Poll -774% in favor of Private Service
January 24, 2012
-19 -
CITY MANAGER'S BRIEFING
LIFEGUARD SERVICES CONTRACT
ITEM # 61562 (Continued)
Bruce Edwards, Chief - EMS, introduced Ed Brazle, Division Chief. Mr. Brazle stated that the capability, skill
and dedication of VBLS is unquestioned. They have served this community well for many years. Each time
the RFP is renewed, the City, prepares an estimate for budgeting and planning purposes. Mr. Brazle advised
that "apples to apples" comparison between a government and private entity is problematic. The RFP
requires that we define capability and skill, EMS identifies the same below:
Virginia Beach EMS
Experience
• Public safety leader for more than 38 years
• Responded to nearly 39,000 emergency calls
in 2011
• Operated a marine rescue team for more than
30 years
• Oceanfront lifeguard contract administrator
for more than 20 years
• USLA certified
Virginia Beach EMS
Experience
• Staffed lifeguard stands with supplemental
patrols 6 pm to dusk on the Resort Beach for
two summers
• Provided off-season lifeguard patrols on warm
weather days
• Provided lifeguard services in Sandbridge Area
2010 and 2011 seasons (14 stands and 3
patrol vehicles)
January 24, 2012
IWZIA
CITY MANAGER'S BRIEFING
LIFEGUARD SERVICES CONTRACT
ITEM # 61562 (Continued)
Mr. Brazle advised that EMS has the capability and skill identified below:
Virginia Beach EMS
Capability and Skill
• Full-time management and support staff
• Field operations 24 hrs/day
• Professional training staff
• Access to multiple EMS and City facilities in
the Oceanfront Area for operations and
logistics
• Proven track record of cost efficient
operations
Virginia Beach EMS
Capability and Skill
• Existing equipment utilized wherever possible
to maximize efficiency and reduce cost
• Fully integrated with City's Emergency
Response System (police, fire, E911, etc)
• Access to myriad existing City resources for
support
January 24, 2012
-21 -
CITY MANAGER'S BRIEFING
LIFEGUARD SERVICES CONTRACT
ITEM # 61562 (Continued)
Virginia Beach EMS
Capability and Skill
• Infrastructure in place to establish program
• Anticipate hiring from existing pool of
lifeguards and supervisors ($11.26 and
$13.51/hr respectively)
• Maximum flexibility to adjust to meet evolving
needs and fiscal realities
• Ambulance staffing will not be reduced to
support lifeguard operations
EMS has enjoyed the working relationship with VBLS and their professionals for many years, but, we also
feel that we have enough experience necessary and the capability and skill to put a lifeguard service on the
beach and meet the evolving City's needs.
Summary
• City staff has significant experience managing
public safety and lifeguard operations
• EMS has a proven record of efficiency and
ability to adjust for evolving demands
• Infrastructure and resources are in place to
support expansion of the current EMS
lifeguard organization to deliver services at
the Oceanfront
January 24, 2012
-22 -
CITY MANAGER'S BRIEFING
LIFEGUARD SERVICES CONTRACT
ITEM # 61562 (Continued)
Questions?
The City Council expressed the following concerns:
• Lack of bidders responding to RFP
• Performance Evaluation
• Number of Guards
• Number of Man Hours
• Succession Planning of VBLS
• Number of Training Hours
• Maintenance of Vehicles
• Start-up Costs
• Location and Storage Facilities
• Recognized Cost Savings
• Location to Muster
January 24, 2012
-23 -
CITY MANAGER'S BRIEFING
INTERIM FINANCIAL STATEMENT
4:40 P.M.
ITEM # 61563
Patricia Phillips, Director of Finance, advised unaudited information was provided to Members of City
Council in last Friday's package. Mrs. Phillips recognized the City's Comptroller, Don Barnett, and Aaron
McCoy, Senior Accountant, whose offices prepare these Statements. Today, the General Fund is the focus
and this is six (6) months of information.
Overview
6 Months
FYI General Fund Revenues
FYI General Fund Expenditures
Next Steps
January 24, 2012
9•I!
CITY MANAGER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 61563 (Continued)
The General Fund has a Revenue for the Fiscal Year 2012 of $951.6 -Million and an Expenditure budget of
$993.6- Million. The Revenues are $406.9 -Million and Expenditures are $525.8 -Million thru December 31,
2011.
"FY 2012 General Fund Revenues and Expenditures
Compared to Budget Thru December 31, 2011
(in millions)
Compared to Historic Trend at December 31, 2011
100.0%
-
200%
Annunl
YTD
Bud- t
Actual ynr
Reme a
74.6%
ANNUAL BUDGET= $951.6M
60%
Local(80.6,% ofbudget)
$ 767.5
$ 338.0 $ (429.5)
State (17.1% o f budget)
162.3
57.9 (104.4)
Federal ( 2.3%ofbudget)
21.8
FLO (10.8)
'Fotal Revenues
S 951.6
S 4(16.9 S (544.7)
Expenditures/Encumbrances
0%
Sul Aug Sep Oct Nov Dec Zan Feb Mar Apr May Sun
.... bmf hand -4-12 Neu P,dgel
City Operations
$ 599.9
$ 327.3 $ 272.6
City Capital Projocls
35.5
19.4 16.1
School Operations
354.1
177.0 177.1
Schools Capital Projects
4.1
2.1 2.0
Total Expenditures/Eneumbrances
$ 993.6
$ 525.8 $ 467.8
Less Arnounts Funded from Fund Balance
Outstanding En unibr ince at 6/30/11
$ 8.0
Approved Carryover Requests
1.4
City Capital Projeets
26.4
City Operating Budget
6.2
Adjusted Expenditures/Encumbrences
$ 951.6
Revenues do not come in equally. The two year average of revenues thru December is 41.7% of the
collections and the City is currently at 42.801o. The main point is the City is where it needs to be and no red
flags are showing at this point.
January 24, 2012
FY 2012 Year -To -Date General Fund-e�--nues
Compared to Historic Trend at December 31, 2011
100.0%
-
200%
so%
YTD ACTUAL = $406.9M
74.6%
ANNUAL BUDGET= $951.6M
60%
59.7°/.
C
55.8
42.8°646.0% 50.1%
° 40%
41.7
y
C
p,
26.890
26.0
20%
14. %
R3% 13.6•/.
as
1.7°:n 9.1%
X 3.
0%
Sul Aug Sep Oct Nov Dec Zan Feb Mar Apr May Sun
.... bmf hand -4-12 Neu P,dgel
January 24, 2012
IWAV
CITY MANAGER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 61563 (Continued)
Significant revenues are still to be collected.
FY 2012 — General Fund Revenues
Still need to collect 57.2% of revenues
• Total Revenue follows the trend line
• Includes Tax Relief for Elderly & Disabled of $15.3M
• Includes delinquents from June 2011
Q Several items are on a I - 2 month lag
Business License tax (BPOL) due in March 2012 - $41.3M
2nd Real Estate installment due June 5, 2012
Local Annual Personal Property tax due June 5, 2012 - $69.8M
One of the more significant revenues for the City is Real Estate and the City is at 51.4% of collections.
January 24, 2012
-26 -
CITY MANAGER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 61563 (Continued)
The City is 1.3% greater than last year at this time in collectable funds.
January 24, 2012
-27 -
CITY MANAGER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 61563(Continued)
General Sales Taxes `Y Change frorn FY11 to FY12
(compares to same month of prior year)
January 24, 2012
-28 -
CITY MANAGER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 61563(Continued)
The City continues to do well with this tax as it is 1.4% greater than last year.
e " ' ` ✓'
Motet Room Taxes - General Fund Portion only
December 31, 2007 - 2411
$0
$5
$2
$1
$0
FY 2008 FY 2009 FY 2010 FY 2011 FY 2012
®Actual Collections OYTO —% of Total
100%
80%
c
60% 2
u
d
O
U
r
H
40% C
e
20%
0%
!1
January 24, 2012
-29 -
CITY MANA GER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 61563 (Continued)
Hotel Roam Taxes 8% Allocatio
(in millions)
Total Hotel Room Tax FYI Budget = $24.6M
The City is at 6.1 %greater than last year in collectibles.
January 24, 2012
i,
®GF2%
h
❑TAP1%!$1
❑TIP 5
'jjI TAP 1%/$1
-
■SB$1
CBD TIF receives SSOOK annually Hotel Room Tax =
A% plus Si room nights
2 %
from GF (S222K) and TIP (S27Note: SB SSD has
an additional % tax
The City is at 6.1 %greater than last year in collectibles.
January 24, 2012
-30-
CITYMANAGER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 61563(Continued)
ti
Total Restaurant Meal Taxe
December 31, 2007 - 2011
--- --
$69 -- -
6.1% Up from F111
550.8
$48.1 $48.3 $48A
$45
2.6%13.3%, 52.7% 51.6%.528.1525.3 $25.5
z r'
$15
80%
BUDGET
0%
FY 41108 FY 2009 FY 2010 FY 5011 FY 2012
�Aclual Golkdiona �YTD — %of Total
>Restaurant Meal Taxes 5 Allocation
(in millions)
Total Restaurant Meal Tax FYI Budget = $51.8M
it
�i7r ieio— � ®GF3.5%
■TAP0.5%
0 TIP 1.06
i
■ OS 0.44 %
te.
January 24, 2012
53.8°In
90%
u
$27.7
ao% c
S
X
20Y.
0%
FY 41108 FY 2009 FY 2010 FY 5011 FY 2012
�Aclual Golkdiona �YTD — %of Total
>Restaurant Meal Taxes 5 Allocation
(in millions)
Total Restaurant Meal Tax FYI Budget = $51.8M
it
�i7r ieio— � ®GF3.5%
■TAP0.5%
0 TIP 1.06
i
■ OS 0.44 %
te.
January 24, 2012
-31-
CITY
31-
CITY MANAGER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 61563 (Continued)
Most of the City's General Fund Revenues are right on track.
* GF
*i:
FY 2012 Year -To -Date General Fund Expenditures
Compared to Historic Trend at December 31, 2011
.IIIb..^,d
100%
Summary of City's General FundlRevenues
December 31,
2011
ANNUAL BUDGET = $993.6M
(in millions)
E
45.30.0 12.9
=c FY 2012 YFD
37.8%. 44.1%
440-1.e
Budget
$
%
Trend -
* Real Estate Taxes
$ 420.8
$ 216.2
51.4 %
A
Personal Property Taxes
69.8
19.7
28.2
A
PPTRA
53.4
6.5
12.2
A
General Sales Tax
53.0
23.1
43.7
A
Utility Taxes
25.5
ILO
43.0
F
Teleconvnunications Taxes
20.1
6.9
34.5
U
Business Licenses
41.3
1.1
2.8
U
* Hotel Taxes
5-5
4.1
74.7
F
* Restaurant Taxes
32.9
17.7
53.6
F
Cha nes for Services
47.1
15.8
33.6
F
Other Local Revenues
51.5
22.4
43.5
F
* State Revenues
108.9
51.4
47.2
F
* Federal Revenues
21.8
11.0
50.4
F
_L951
406.9
42.8 %
F
* GF
*i:
FY 2012 Year -To -Date General Fund Expenditures
Compared to Historic Trend at December 31, 2011
.IIIb..^,d
100%
A
YTD ACTUAL = $525.8M X4.9%
80%
ANNUAL BUDGET = $993.6M
E
45.30.0 12.9
37.8%. 44.1%
440-1.e
e
S`
37.7^,0
28.6' o
28 _S 111
20%
It.l% 19.1"0
9.9
0%
Jul Au1; $ep Oct N- Dec .Inn Feb Mar Apr May Jun
-*�F: rAturei�eM �F. hot FY 12FyB ftd
January 24, 2012
-32 -
CITY MANAGER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 61563 (Continued)
- General Fund FY 2012 Expenditures
• Total at December 31, 2011:
• $525.8M, or 52.9%, of $993.6M Budget
• Summary of Actual Expenditures Under Budget at June 30:
(in millions); .
Total °fo of Total City oJo of City Schools
Budget ` Budget
2008 (Actual) $55.5 5.1" o $20.2 2.8% $35.3
2009 (Actual) $39.6 3.5% $24.7 3.2% $14.9
2010 (Actual) $45.3 4.1% $27.6 3.69-u $17.7
2011 (Actual) $32.1 3.1"0 $22.4 3.2(% $9.7
January 24, 2012
f 2012 YTD Genera[ Fund Revenues & Expenditures
Compared to Historic Trend At December 31, 2012
100%
ACTUAL REVENUES = $406.9M
80%
76.1 "'"�
ACTUAL EXPENDITURES= $525.8M 7+'e""
y 60%
W
scam
o
42.8%
a4.v% 46.0%.40%
41.7%
28 t% 26.8•
16.11°.0
8.fi"o
4 8.3•
1.7%99%
0%
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May ]un
T.d -i-%of 12Revnudgd M-EapeMilure Teud �K�%oftYl3 Exp Eudga
.J
- General Fund FY 2012 Expenditures
• Total at December 31, 2011:
• $525.8M, or 52.9%, of $993.6M Budget
• Summary of Actual Expenditures Under Budget at June 30:
(in millions); .
Total °fo of Total City oJo of City Schools
Budget ` Budget
2008 (Actual) $55.5 5.1" o $20.2 2.8% $35.3
2009 (Actual) $39.6 3.5% $24.7 3.2% $14.9
2010 (Actual) $45.3 4.1% $27.6 3.69-u $17.7
2011 (Actual) $32.1 3.1"0 $22.4 3.2(% $9.7
January 24, 2012
-33 -
CITY MANAGER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 61563 (Continued)
Ms. Phillips will provide an update on February 28, 2012. The FY2012-2013 Budget will be presented to
the City Council on March 27, 2012.
Next Steps
Continue to monitor revenues in FYI
Real Estate — June due date
• Business License— March due date
+ Personal Property — April/May info, June due date
January Interim — February 28t'
Proposed FYI Budget presented —March 27t1
January 24, 2012
-34 -
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
4:54 P.M.
ITEM # 61564
City Manager, James Spore introduced Karen Lasley, Current Planning and Zoning Administrator.
January 24, 2012
-35-
CITYMANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM # 61564 (Continued)
Ms. Lasley advised the following items are scheduled to be heard by City Council on February 14, 2012:
KEITH and CHERI CARL
Planning Commission Recommendation: Approval
YMCA OF SOUTH HAMPTON ROADS
Planning Commission Recommendation: Approval
ASHVILLE PARK, LLC
Planning Commission Recommendation: Approval
GREYHOUND LINES, INC.
Planning Commission Recommendation: Approval
CITY OF VIRGINIA BEACH — COMPREHENSIVE PLANAMENDMENTS
Planning Commission Recommendation: Approval
January 24, 2012
-36 -
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM # 61564 (Continued)
SAYSIDE
g'o.��a,��.�,�o� � � 3ukJtvision Variance
SD�Shore Duro Overlay Q
January 24, 2012
Relevant Information
• This item was deferred by City Council at the
December 13, 2011 Meeting.
• In 1991, the applicants obtained a building permit to
make additions and alterations to an existing
structure on the site for the purpose of a having a
pool house.
• In 1996 (according to the applicants), a propane
stove was added to the pool house, which had the
affect of changing use from `accessory' to `dwelling
unit'.
• The applicant now desires to divide the existing lot
into two parcels — one for the main house and one
for the former pool house.
• Neither of the two lots will meet the required
minimum lot width for the zoning district; thus, a
Subdivision Variance is being requested.
-38 -
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM # 61564 (Continued)
January 24, 2012
-39-
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM # 61564 (Continued)
PRINC@55 ANNE
CUP i�.+r RecneGonzt racfNty
January 24, 2012
Relevant Information
• The applicant is requesting two actions:
- Conditional Use Permit for a recreational facility; and
- Modification of the Proffers of a Conditional Rezoning.
• The proffers currently controlling the use of the
site were intended for a specific use and site
design that are not suited to the YMCA. Thus, a
modification of those proffers is necessary.
• The Conditional Use Permit, if approved, will
permit the property to be used as a recreational
facility, specifically consisting of a YMCA with a
variety of recreational uses, a 25 -meter indoor
pool, a 50 -meter indoor competition pool, and
areas outside for day -camps and recreational
activities.
5011F.�+.n rav ani
}'RINCI:CS ANNE: COMMONS YMCA ��3
"'?
WPI. l.ANDSCAPL+ARCIIITL0'S LAND11:R1'EYORS C( TLF.,NGINkF—
-41 -
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM # 61564 (Continued)
January 24, 2012
-42-
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM # 61564 (Continued)
January 24, 2012
�M
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM # 61564 (Continued)
>RINCESS ANNE
19
January 24, 2012
Relevant Information
• Request for a Modification of the Proffers of a 2005
Conditional Rezoning for the purpose of revising the
approved land use plan.
• The modifications presented at the Planning
Commission Hearing proposed the following:
- Removal of the age restrictions for Village B;
— Replacement of the Active Adult center proposed for
Village B with a park -like open space area;
— Reduction of minimum square feet of living area in two-
story dwellings from 2,400 to 2,100.
• After that Hearing, the applicant replaced Proffer
13 of the 2005 Rezoning, reducing the number of
units in Villages D and E from 97 to 81.
• With that change, the total number of units is
reduced to 483 from the approved 499.
• The number of units in Village B is the same.
�ll
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM # 61564 (Continued)
�}a:k 2005 APPROVED PLAN
January 24, 2012
iM
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM # 61564 (Continued)
PROPOSED CENTRAL GREEN FOR VILLAGE B
January 24, 2012
-47 -
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM # 61564 (Continued)
RT3*
(ATi41OU110 Lll1CS, 1110.
RT3 RT3
CUP Passenger Transportation Temrinaf
7 1
January 24, 2012
Pwamtt.v
Q
Relevant Information
• This request was deferred on April 12, 2011 (due
to inadequate posting of signs), and on May 10,
2011 (to allow for the start of construction of an
interior waiting area), and on August 9, 2011,
when the item was deferred to the February 14,
2012 City Council Hearing.
• The applicant requests a Conditional Use Permit
for a passenger transportation terminal
(passenger bus three times a day).
• The site is occupied by a convenience store and
8 fueling stations. Tickets are purchased either
online or at the store. Passengers are dropped
off at the site and wait on site.
i
CITY MANA GER'S BRIEFING
PENDING PLANNING ITEMS
ITEM # 61564 (Continued)
I �UGIMA 3ECGi BLJL..�M.�
January 24, 2012
Evaluation and
Recommendation
• Planning Staff recommended approval with
conditions.
• Planning Commission recommended approval
(10-0) with conditions.
• There was opposition present at the Hearing
• There were letters of opposition.
CITY OF VIRGINIA BEACH -
COMPREHENSIVE PLAN AMENDMENTS
An Ordinance to amend the Comprehensive Plan and revise
the Policy Document to include the Interfacility Traffic Area and
Vicinity as a Special Economic Growth Area.
Relevant Information
• The Interfacility Traffic Area and Vicinity Master
Plan (ITA and Vicinity Master Plan) was adopted
as an amendment to the Comprehensive Plan on
January 25, 2011.
• The attached amendments to the
Comprehensive Plan establish "Special
Economic Growth Area (SEGA) 4 — Princess
Anne."
• This designation as SEGA 4 — Princess Anne
recognizes the land development constraints
and economic opportunities associated with this
area's location within a military aircraft
overflight zone, and thus, its similarity to the
conditions and constraints associated with the
three existing SEGAs.
-52-
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM # 61564 (Continued)
January 24, 2012
-53 -
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM # 61564 (Continued)
January 24, 2012
wim
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM # 61564 (Continued)
Ms. Lasley advised the following items are scheduled to be heard by City Council on February 28, 2012:
TKC LAND DEVELOPMENT It, LLC
Planning Commission Recommendation: Approval
CITY OF VIRGINIA BEACH (P-1/HK)
Planning Commission Recommendation: Approval
CITY OF VIRGINIA BEACH
(AMENDMENT TO ZONING ORDINANCE/EXPLOSIVES IN INDUSTRIAL DISTRICTS)
Planning Commission Recommendation: Approval
INLAND DIVERSIFIED REAL ESTATES SERVICES
Planning Commission Recommendation: Approval
McQ BUILDERS
Planning Commission Recommendation: Approval
January 24, 2012
-55-
CITYMANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM # 61564 (Continued)
?INCESS ANNE
40
January 24, 2012
TKt_'
Llind Vevelopment 11, L.L.V.
R2t API
•,�
B2 >s i�78
5.-7( cl
.iltr ' 4
AG2.
B2._, s`
B2*
AGI
R2Q
,AG2
,:AG2*
, �c
s , B2
-At,-2
-�\Z
AG2
l Aret[
P1*
f AG2
RIO* AG1
P1*
ilo*
R10* RW
AG
CUP: Salk Storage
40
January 24, 2012
Relevant Information
• The site was rezoned from Agricultural District
to Conditional B-2 Business District in 2008.
Commercial retail and service uses are planned
for the northern portion of the park, adjacent to
the existing shopping center, and office uses are
planned for the southern portion of the park,
adjacent to future residential areas.
• The applicant requests a Conditional Use Permit
to allow development of the site with a bulk
storage yard in conjunction with a retail
operation (Tractor Supply Corporation).
• Staff worked extensively with the applicant to
upgrade the standard building used by the retail
operation, as well as modify the site design to
screen the storage and display areas.
-57 -
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM # 61564 (Continued)
January 24, 2012
-58 -
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM # 61564 (Continued)
EMPSVILLE
Cite of Vir-inia Beach
'R10 $
Iw J
8 R7,5 . B2
s2
t �
R10 R7.5
r
Park 8� v�� RIfl,
�A4
"RIOA7 :RIO
� �?
4 i
ZoWt?g Change from R- 10 (xp to P-9 (HK)
January 24, 2012
-59-
CITYMANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM # 61564 (Continued)
January 24, 2012
sem.#*• ..�.. a ;.'* � �a�, . ,
Evaluation and
Recommendation
• Planning Staff recommended approval.
• Planning Commission recommended approval
(9-0).
• There was no opposition present or emails or
letters of opposition. There were individuals
present at the Hearing who requested to speak
regarding a proposed development on the
southwest corner of this intersection. The
speakers noted that they were not opposed to
this rezoning for the park.
-61-
CITYMANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM # 61564 (Continued)
January 24, 2012
-62 -
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM # 61564 (Continued)
CLP for Outdoor Recreation
sP�rn v�o��n�m�onvw. m.n+r
January 24, 2012
'9
Relevant Information
• The applicant requests a Conditional Use
Permit to allow the use of a portion of the
shopping center for outdoor events.
• Examples of the events would be weekly
music series, car cruises, fall festival,
holiday lighting ceremony, spring festival,
health fair, community safety day and
possible art fairs.
• The location of events will be primarily
around the pedestrian plaza of the center.
The hours of the events will vary with the
activity planned. Events will not continue
after store hours have ended.
y
'9
Relevant Information
• The applicant requests a Conditional Use
Permit to allow the use of a portion of the
shopping center for outdoor events.
• Examples of the events would be weekly
music series, car cruises, fall festival,
holiday lighting ceremony, spring festival,
health fair, community safety day and
possible art fairs.
• The location of events will be primarily
around the pedestrian plaza of the center.
The hours of the events will vary with the
activity planned. Events will not continue
after store hours have ended.
CITY MANA GER'S BRIEFING
PENDING PLANNING ITEMS
ITEM # 61564 (Continued)
0
e
m
m
e®Se
®�O
January 24, 2012
-65-
CITYMANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM # 61564 (Continued)
BAY5IDE
MCQ Builders, LLC -1
R7.5
R7 5
J
82
I
Al
- A18
R7 ft 5
5
r _
Zoning Change fmm PDH7 to Pf
61
January 24, 2012
o
d
faw
-
+y e t ✓ w.
aar'Ix,�fEia � �IIL•—�1 ( �S I�;i. .:,
Relevant Information
• This site was rezoned from R-7.5 Residential
to PD -1-12 Planned Unit Development with an
underlying A-12 Apartment District on May
24, 2011.
• The PD -H2 Planned Unit Development district
requires that open space that is to be owned
by a private entity, in this case the
Condominium Unit Owners' Association,
must be zoned P-1 Preservation District.
• Thus, the applicant is now requesting a
Change of Zoning for the open space areas
to P-1 Preservation.
-67 -
CITY MANA GER'S
67-
CITYMANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM # 61564 (Continued)
January 24, 2012
CITY COUNCIL BUDGET DIRECTION
5:09 P.M.
ITEM # 61565
The Mayor opened City Council's discussion re Budget Direction to Staff for FY 2012-2013
City Council Members expressed concern regarding the preparation of the upcoming FY 2012-2013 Budget:
• Program Evaluation
• City should hold several Town Hall meetings
• Public Safety payroll Compression
• Disposable Income
• Car Allowances to Staff
• Pension Costs
• Citizens Ability to Pay
• Deferred Compensation Plan
The "FY2012-2013 Budget and CIP Calendar" was distributed to City Council Members and is hereby
made apart of this record.
January 24, 2012
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-69 -
CITY
69 -CITY COUNCIL COMMENTS
5:20 P.M.
ITEM # 61566
Due to time constraints, the Members of City Council did not have "Comments ".
January 24, 2012
- 70-
AGENDA
0-
AGENDA REVIEW SESSION
5:20P.M.
ITEM #61567
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
K ORDINANCES/RESOLUTION
Ordinance to AMEND§§ 16-44,16-45, 16-47, 16-48, 16-49, 16-51 and 16-54 of the
City Code re the Workforce Housing Program (Deferred January 10, 2012)
2. Ordinance to AMEND §35-35 of the City Code re equalization of assessments
4. Ordinance to DESIGNATE TAX EXEMPT Personal Property Taxes in behalf of
PIN Ministry
5. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with
Rosemont Interstate Center for City -owned property at Sentara Way and Avenue A
(DISTRICT 3 — ROSE HALL)
6. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE an
Agreement with the Virginia Department of Agriculture and Consumer Services re
additional funding for the Agriculture Reserve Program (ARP)
7. Ordinance to EXECUTE a Memorandum of Understanding (MOU) with the
Virginia Beach Police Foundation re the "Law Enforcement Memorial" to be
constructed at 35th Street and the Boardwalk
8. Ordinance re MODIFICATION of a $75,000 interest-free loan to the Chesapeake
Beach Volunteer Fire and Rescue Squad to extend dates of repayment
9. Resolution to REQUEST fundingfrom the Commonwealth Transportation Board re
an extension to Progress Lane and the City Manager to execute all necessary
agreements
10. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned
rights-of-way, re repair and replacement of bulkheads, anchor piles, return walls,
landing platforms, etc. damaged by "Hurricane Irene " on Ocean View Avenue at
Chesapeake Beach: (DISTRICT 4 — BAYSIDE)
a. ROGER T. and ELIZABETH K. GREGORY TRUSTEES OF ROGER T.
and ELIZABETH K. GREGORY at the rear of 5008 Lauderdale Avenue
b. KELSEYS. and JEANSTEWART at the rear of 5014 Lauderdale Avenue
C. CHARLES O. STAINBACK at the rear of 5016 Lauderdale Avenue
d. ELIZABETH STUART SCHULLER at the rear of 5022 Lauderdale
Avenue
January 24, 2012
-71-
e. ANDREW M. FISCHER at the rear of 5026 Lauderdale Avenue
f. GEORGE E. and JANET GONZALEZ at the rear of 5030 Lauderdale
Avenue
g. SARAH L. HOUCK at the rear of 5032 Lauderdale Avenue
h. LORRAINE WINCOR, EDWARD REICHBACH and ROBERT
RAYLOVE at the rear of 5036 Lauderdale Avenue
DESMOND C. and PATRICIA S. COOK at the rear of 5038 Lauderdale
Avenue
H. Resolutions to REQUEST the Virginia Department of Transportation (VDOT)
ACCEPT:
a. Additional streets re Urban Maintenance
b. Corrections to the Road Inventory re Urban Maintenance
12. Ordinances to ACCEPT and APPROPRIATE Grant funds:
a. $11,525,844 in FY 2010-11 School Reversion Funding to the School
Reserve Special Revenue Fund
b. A $54,840 Rescue Squad Assistance from the Virginia Department of Health
to purchase Lifepakl5 defibrillators and medical equipment
c. $86, 000 for the Department of Economic Development from Smart
Beginnings South Hampton Roads to administer the Early Learning
Challenge grant initiative
Council Members DeSteph and Moss will vote Verbal Nay on Item K.1
Item K.3. Resolution in SUPPORT of proposed General Assembly Amendments to the Constitution of
Virginia re Eminent Domain will be considered separately as there are speakers registered.
Item K13. Ordinance to TRANSFER funds to the Department of Emergency Medical Services (EMS) and
AUTHORIZE full-time positions re in-house lifesaving services at the Resort Area Beaches will be
considered separately as there are speakers registered.
January 24, 2012
-72 -
AGENDA
72 -
AGENDA RE VIEW SESSION
ITEM # 61568
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
L. PLANNING
1. Application of LA PAZ, LLC, CIO CHRIS WOOD re a Nonconforming Use to
renovate and ADD to the existing structure at 2256 Calvert Street (DISTRICT 5 —
LYNNHAFEN)
2. Application of CS2 ACQUISITION, LLC for a Variance to §4.4(b) of the Subdivision
Ordinance that all newly created lots meet the requirements of the City Zoning
Ordinance (CZO) at 4800 Dolton Drive (DISTRICT 2 — KEMPSVILLE)
3. Application of BUDDHIST EDUCATION CENTER OFAMERICA DONG HUNG
TEMPLE, INC. for a Modification of a Conditional Use Permit re plan and building
elevations (approved April 2, 2011) for a religious use at 423 Davis Street (DISTRICT 2
— KEMPSVILLE)
4. Application of MCQ BUILDERS, LLC and KROLL ENTERPRISES, II, LLC, for a
Modi acation o Proffers No. 3 and 4 (approved November 25, 2008) at Dam Neck Road
and Southcross Drive (DISTRICT 7 — PRINCESS ANNE)
5. Ordinance to AMEND §§ 2100 and 2102 of the City Zoning Ordinance (CZO)
pertaining to the purpose and intent of Article 21 (Workforce Housing) re definitions
and eligibility requirements (Deferred January 10, 2012)
Councilman Wood will abstain on Item L.1
Council Members DeSteph and Moss will vote Verbal Nay on Item L.5
January 24, 2012
-73 -
ITEM
73 -
ITEM # 61569
Mayor Sessoms entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to
Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose
PERSONNEL MATTERS: Discussion, consideration of, or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation of
specific public officers, appointees or employees pursuant to Section 2.2-
3711 (A)(1)
Council Appointments: Council, Boards, Commissions, Committees,
Authorities, Agencies and Appointees
PUBLICLY -HELD PROPERTY: Discussion or consideration of the,
acquisition of real property for public purpose, or of the disposition of
publicly -held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the public
body pursuant to Section 2.2-3711(A)(3).
Acquisition/Disposition of City Property: Beach District
Lynnhaven District
Rose Hall District
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council voted to proceed
into CLOSED SESSION at 5:25 P.M.
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, and James L. Wood
January 24, 2012
- 74 -
ITEM # 61569 (Continued)
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson (stepped out)
(Closed Session:
(Break:
(5:25 P.M. —5:50 P.M.)
(5:25 P.M. —5:30 P.M.)
January 24, 2012
-75 -
FORMAL
75 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
January 24, 2012
6:00 P.M.
Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Chamber, City Hall, on Tuesday, January 24, 2012, at 6: 00 P.M.
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
INVOCATION: Dr. Stanley Sawyer, Rector
All Saints Episcopal Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297
Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's
transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank
has an interest in numerous matters in which he is not personally involved and of which he does not have
personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might
arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest.
Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of
TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local
Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council
agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of
an agenda, he identifies a matter in which he has a `personal interest", as defined by the Act, he will either
abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official
records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made apart of the record.
January 24, 2012
-76 -
Vice
76 -
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board
Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal
interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it
handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may
have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to
ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which he might have an actual or potential conflict. If, during his
review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to
be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice
Mayor Jones' letter of April 10, 2007, is hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Dixon
Hughes Goodman and is directly and indirectly involved in many of Dixon Hughes Goodman's transactions.
However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given
year, Dixon Hughes Goodman has an interest in numerous matters in which her husband is not personally
involved and of which she does not have personal knowledge. In order to ensure her compliance with both
the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to
thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in
which she might have an actual or potential conflict. If, during her review she identifies any matters, she will
prepare and file the appropriate disclosure letter to be recorded in the official records of City Council.
Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 10, 2012, is
hereby made apart of the record.
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not
personally involved and of which she does not have personal knowledge. In order to ensure her compliance
with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her
practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any
matters in which she might have an actual or potential conflict. If, during her review she identifies any
matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of
City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter ofJanuary
27, 2004, is hereby made apart of the record.
January 24, 2012
Item — IV -E
CERTIFICATION
- 77-
Item
7-
ITEM # 61570
Upon motion by Councilman Moss, seconded by Councilman Diezel, City Council CERTIFIED THE
CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye.-
Glenn
ye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 24, 2012
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM #61569, Page 73, and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
th Hodges Fraser, MMC
City Clerk
January 24, 2012
Item — IV -F.1
MINUTES
Iri'm
ITEM # 61571
Upon motion by Councilman Moss, seconded by Councilman Uhrin, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of January 10, 2012.
Voting: 11-0
Council Members Voting Aye.
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 24, 2012
-79 -
Item
79 -
Item — IV -H.1
MAYOR'S PRESENTATION ITEM # 61572
Mayor Sessoms introduced and presented Captain James A Webb, United States Navy, with a Resolution
recognizing Captain Webb as a contributing and important citizen and as the Commanding Officer of NAS
Oceana who has left his footprints in the sands of time but has demonstrated great vision for the future of
this community.
January 24, 2012
Item — IV -H.2
MAYOR'S PRESENTATION ITEM # 61573
Mayor Sessoms announced that Judy Connors passed away; however, he was able to present this Resolution
to her at Atlantic Shores, Seaside, on Saturday, January 21, 2012.
The Mayor recognized her dedication, untiring and faithful service to the many citizens of Virginia Beach
with deepest gratitude, respect and honor.
January 24, 2012
-81 -
Item — IV -H.3
MAYOR'S PRESENTATION ITEM # 61574
Mayor Sessoms introduced and presented Warren Harris, Director of Economic Development, with a
plaque denoting the highest endorsement in their field by the largest economic development organization in
the world. To put this in perspective, Virginia Beach is one of only twenty-nine (29) of the twenty-two
thousand Economic Developments in North America to earn this distinction.
Mr. Harris expressed his appreciation to the Mayor and Members of City Council for their continued
support.
January 24, 2012
-82 -
Item IY.J.
PUBLIC HEARING ITEM # 61575
Mayor Sessoms DECLARED A PUBLIC HEARING:
LEASE OF CITYPROPERTY— Rosemont Commerce Center
Sentara Way and Avenue A
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
January 24, 2012
-83 -
Item IV -G
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 61576
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
January 24, 2012
Item IV -I.
ORDINANCES/RESOLUTIONS ITEM# 61577
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION, Items 1, 2, 4, 5, 6, 7, 8, 9, 10a/b/c/d✓e1f/g/h/i, 11alb, 12a/b/c, of the CONSENT AGENDA.
Council Members DeSteph and Moss shall vote a VERBAL NAY on Item #1: Ordinance to Amend the
City Code re Workforce Housing Program.
Voting: 11-0 (By Consent)
Council Members Voting Aye.
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 24, 2012
-85 -
Item IV -K.1.
ORDINANCES/RESOLUTIONS ITEM# 61578
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT.
Ordinance to AMEND§§ 16-44,16-45, 16-47, 16-48, 16-49, 16-51 and 16-54 of
the City Code re the Workforce Housing Program
Voting: 9-2 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley,
Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E.
Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
William R. "Bill" DeSteph and John D. Moss
Council Members Absent:
None
January 24, 2012
1 AN ORDINANCE TO AMEND SECTIONS 16-44, 16-45, 16-
2 47, 16-49, 16-51 AND 16-54 OF THE CITY CODE,
3 PERTAINING TO DEFINITIONS, ELIGIBILITY
4 REQUIREMENTS, INITIAL SALES, DISCOUNTS,
5 MAXIMUM PRICES AND RESALES OF WORKFORCE
6 HOUSING UNITS
7
8 Sections Amended: City Code Sections 16-44, 16-45, 16-
9 47, 16-49, 16-51 and 16-54
10
11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
12 VIRGINIA:
13
114 That Sections 16-44, 16-45, 16-47, 16-49, 16-51 and 16-54 of the Code of the
15 City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows:
N
7 DIVISION 1. GENERAL PROVISIONS
h 9 Sec. 16-44. Definitions, explanatory material.
20 As used in this article, the following terms shall have the meanings set forth in
21 this section. Where explanatory material is provided, such terms shall be construed in a
22 manner consistent with such material:
23
24 Affordable. Housing is generally considered affordable if no more than
25 approximately thirty (30) percent of the annual gross income of the purchaser or renter
26 is spent on direct housing costs. For purchasers, such costs include mortgage principal,
27 interest, taxes and homeowner's insurance, mortgage insurance premiums, mandatory
28 homeowners' association dues and condominium fees, but do not include utilities or
29 other related housing costs. With respect to rentals, such costs include rent payments
30 and an allowance for tenant -paid utilities other than cable television and telephone
31 service but do not include other related housing costs.
$2 ....
33 Eligible renter. A household whose workforce housing application has been
34 approved and who meets the requirements of section 16-51. Such requirements
35 include, among other things, the household's gross annual income, financial assets, and
36 location in which an adult, non-dependent household member lives and works. In order
37 to qualify to rent a workforce housing unit, a household's annual gross income must
38 generally be between sixty(60)fort40 percent and ninety (90) percent of AMI or,
39 where the building contains an elevator, between sixty (60) fort40 percent and one
40 hundred (100) percent of AMI.
41 ....
42
43 Net appreciation. The amount of the resale price of a workforce housing unit,
44 less the total amount of: (i) the original principal amount of the first mortgage loan on the
45 unit, (ii) the principal amount of the workforce housing deed of trust note and of any
46 VHDA-held second deed of trust note if VHDA also holds the first deed of trust on the
47 unit, (iii) closing costs actually paid by the eligible buyer in connection with the purchase
48 of the unit, (iv) the eligible buyer's down payment, (v) the appraised value of any capital
49 improvements approved by the director of housing and neighborhood preservation, and
50 (vi) the reasonable and customary sales commission paid by the eligible buyer.
51
52 ....
53
54 Workforce housing or workforce housing unit. Dwellings or dwelling units,
55 whether single-family dwellings, duplexes, semi-detached dwellings, townhouses or
56 multiple -family dwelling units, approved by the city council pursuant to article 21 of the
57 city zoning ordinance. Such housing is generally affordable to households with working
58 members who live or work in the City of Virginia Beach. With FespeGt tO 110
59 ewneF6hip Gf weFkfoFGe heu6iRg, it inGludes housing that is PFiGed to be affeFdable to
60 househeldds with gFess annual inE;emes between eighty (80) peFGeRt and one hundred
61 twenty (120) peFGeRt of aFea mediaR *nG()Fne, adjusted fGF hE)u6eh()Id 6iZe. With FeSpeGt
62 tG FeRtal6 Of WGFkfOFGe housing, it inGludes hGUGiRq that us PFiGed to be affeFdable to
63 households with anRual *RGGFnes betweeR fGFtY (40) peFGeRt and ninety (90) peFGeRt Gf
64
AP
66 Workforce housing deed of trust. A deed of trust securing the repayment of the
67 loan made by the city to an eligible buyer, representing the workforce housing discount,
68 plus the shared net appreciation of the unit.
69
70
71
72
73 COMMENT
74
75 The amendment to the term "affordable" changes the definition of the term to include
76 mortgage insurance premiums as one of the expense items that are included in determining
77 affordability.
78
4
79 The amendment to the term "eligible renter" reduces the threshold income for eligibility for
80 rentals of workforce housing from 60% of Area Median Income (AMI) to 40% of AMI. There is
81 one other stylistic change in the definition that is not substantive in nature.
82
83 The amendments to the definitions "workforce housing or workforce housing unit" and
84 "workforce housing deed of trust" delete language that is unnecessary to define those terms, as the
85 same language appears elsewhere in Chapter 16.
86
87
88 DIVISION 2. SALE AND OWNERSHIP OF WORKFORCE HOUSING
89
90 Sec. 16-45. Initial sales of workforce housing units.
91 (a) The city shall have the right to purchase workforce housing units offered
92 for initial sale as follows:
93 (1) The city shall have an exclusive right to purchase any workforce
94 housing unit, not to exceed a total of one-third (1/3) of the
95 workforce housing units for sale within a development, by so
96 notifying the developer of the unit within thirty (30) days from the
97 date on which the city is notified that the workforce housing unit is
98 available for initial sale. If the city does not timely exercise its right
99 to purchase the unit, it may be sold to an eligible buyer.
100 (2) Any workforce housing unit the city has not elected to purchase
101 shall be offered for sale exclusively to eligible buyers for a period of
102 sixty (60) days from the date on which the city's right to purchase
103 the unit expires. Upon the expiration of such time, any such unit not
104 sold to the city or to an eligible buyer may be offered for sale
105 without restriction, provided, that when such a unit is sold, the
106 developer shall pay to the city the difference between the actual
107 sales price and the price as reduced by the amount of the
108 workforce housing discount less any additional sales commission
109 actually paid by the developer up to a maximum of two (2) percent
110 of the sales price and any closing cost assistance actually paid on
111 behalf of the buyer up to a maximum of three (3) percent of the
112 purchase price.
113 (b) The procedure for initial sales of workforce housing units to be purchased
114 by an eligible buyer shall be as follows:
115 (1) A developer who has reached an agreement with an eligible buyer
116 to sell a specific workforce housing unit to such eligible buyer as an
117 initial sale shall notify the city that the developer and eligible buyer
3
118 have reached an agreement regarding the purchase of the unit.
119 The city shall, either before or after it receives such notification,
120 verify the eligible buyer's continued eligibility under section 16-46
121 (2) In the event the eligible buyer continues to meet such
122 requirements, the developer and city shall enter into an agreement
123 pursuant to which the developer agrees to sell the unit to the
124 eligible buyer at a price incorporating the workforce housing
125 discount (the "discounted sales price"). The developer shall not be
126 entitled to receive any portion of the monies representing the
127 workforce housing discount.
128 (3) The city and eligible buyer shall also enter into an agreement
129 pursuant to which the city will finance, by means of a workforce
130 housing deed of trust, the difference in value between the fair
131 market value of the workforce housing unit and the discounted
132 sales price. Such agreement shall further provide, among other
133 things, that that the city shall have the right to repurchase the unit
134 upon resale, or to assign such right to an eligible buyer, in
135 accordance with the provisions of section 16-49
136 (4) The workforce housing deed of trust shall: (i) secure repayment to
137 the city of the workforce housing discount, plus the shared net
138 appreciation; (ii) carry a zero percent interest rate: R JL be
139 subordinate only to the lender's first deed of trust or, in the event
140 the property is financed by means of first and second deeds of trust
141 held by the Virginia Housing Development Authority (VHDA), to
142 such deeds of trust; and (i4 iv) provide that the eligible buyer shall
143 make no payments of principal on the indebtedness secured by the
144 workforce housing deed of trust until the eligible buyer sells or
145 otherwise divests his or her interest in the workforce housing unit.
147 COMMENT
148
149 The amendment to Subsection (a) (2) provides that a developer who sells a workforce
150 housing unit that the City has elected not to purchase is entitled to certain deductions from the
151 amount he is required to pay the City. The added deductions are the additional sales commission
152 paid by the developer, up to a maximum of 2% of the sales price, and any closing cost assistance
153 paid on behalf of the buyer up to a maximum of 3% of the purchase price.
154
155 The amendment to Subsection (b)(4) provides that the City's Workforce Housing Deed of
156 Trust is subordinate to a purchase money first deed of trust and, if the VHDA has financed the
4
157 purchase of the property by taking first and second deeds of trust on the property, the WFH Deed
158 of Trust would be subordinate to both of those deeds of trust.
159 ....
160
161 Sec. 16-47. Workforce housing pricing.
162
163 (a) Workforce housing shall be priced so as to be affordable for purchase by a
164 household with a gross annual income between eighty (80) percent and one hundred
165 twenty (120) percent of area median income, adjusted for household size. Semi -
166 annually, the workforce housing advisory board shall establish maximum sales prices
167 for workforce housing units based upon current area median income, prevailing
168 mortgage interest rates in the area, real estate tax rates, homeowner's insurance rates,
169 housing ratios, mortgage insurance premiums condominium and homeowners'
170 association fees and other costs and fees as dictated by the housing market, and the
171 size of targeted households. In determining whether to grant approval pursuant to
172 article 21 of the city zoning ordinance of a proposed development that includes
173 workforce housing, the city council shall determine whether the proposed pricing of the
174 workforce housing within such development meets the requirements of this section.
175
176 (b) The department of housing and neighborhood preservation shall make
177 available to prospective developers of workforce housing a spreadsheet planning tool to
178 assist in determining if a specific development meets the requirements of this section.
179 COMMENT
180
181 The amendment adds the underlined items to the factors to be considered by the Workforce
182 Housing Advisory Board in determining the maximum sales price of workforce housing units in the
183 City.
184 Sec. 16-49. Resale of workforce housing units.
185 (a) Prior to offering a workforce housing unit for resale, the owner shall notify
186 the city of the owner's intent to sell the unit. The city shall notify the unit owner, of its
187 intention to purchase the unit within thirty (30) days from the date on which the owner's
188 notice of intent to sell was received by the city. In the event the city determines to
189 purchase the unit upon resale, it shall have the right to assign the contract to an eligible
190 buyer.
191 (b) The city shall tender to the unit owner an offer to purchase such unit at its
192 fair market value. The fair market value shall be determined by appraisal. Such
193 appraisals shall be performed by licensed Virginia real estate appraisers selected by the
194 city as follows:
5
195
196
197
198
199
200
201
202
203
204
205
206
207
The city and workforce housing unit owner shall attempt to agree upon an
appraiser, who shall determine the fair market value of the workforce housing unit
as of the date of the actual or anticipated sale. If the parties are unable to agree
upon an appraiser within ten (10) days, the parties shall each have an appraisal
made by an appraiser of its choice to establish the fair market value. If the two
competing appraisals are within ten (10) percent of each other, the midpoint
between the two shall be considered the fair market value. If the two appraisals are
not within ten (10) percent of each other, the parties shall agree on a third
appraiser, and such appraiser's valuation shall be controlling as to fair market
value. If the parties cannot agree on a third appraiser, the city shall have the right
to appoint a qualified appraiser and such appraisal shall be controlling as to fair
market value. The parties shall share equally in the cost of joint appraisals and
shall be solely responsible for the cost of any other appraisals.
208 (c) In the event the city decides not to purchase or assign its right to purchase
209 the unit, it shall so notify the owner in writing, who shall thereafter have the right to sell
210 the unit to any other person or entity. In such event the provisions of this section shall
211 not thereafter apply to any subsequent resale of the unit.
212 (d) In the event the city purchases or assigns its right to purchase a workforce
213 housing unit from the owner of such unit, it shall make such unit available for sale to
214 another eligible buyer for a period of at least ninety (90) days. The city shall notify the
215 eligible buyers on its prescreened list of the availability of the unit.
216 (e) In the event an eligible buyer enters into a contract to purchase the unit
217 within the ninety -day period, the city shall determine whether such eligible buyer
218 continues to so qualify. If such eligible buyer continues to meet the eligibility
219 requirements of section 16-46, the owner of the unit shall enter into a contract with the
220 city and, if applicable, the city's assignee, to purchase the unit at the fair market value
221 thereof, as determined pursuant to subsection (b). The contract shall further provide
222 that: (i) the amount of the workforce housing discount, plus the shared net appreciation
223 of the unit, shall be repaid to the city upon resale of the unit; and (ii) that the city shall
224 have the right to repurchase the unit, or to assign such right to an eligible buyer, in
225 accordance with the provisions of this section.
226 (f) At settlement, the principal amount of the outstanding workforce housing
227 deed of trust note, plus the shared net appreciation of the unit, as defined in section 16-
228 44, shall be repaid to the city from the proceeds of the resale of the unit. All such
229 monies shall be deposited into the workforce housing revolving fund.
230 & The city shall finance a portion of the purchase price equal to the amount
231 of the new workforce housing discount by means of a note secured by a workforce
232 housing deed of trust.
0
233 COMMENT
234
235 The amendment to Subsection (b) makes a technical amendment and has no substantive
236 effect on the ordinance.
237
238 The amendment to Subsection (c) makes it clear that, once the City declines to repurchase a
239 workforce housing unit or to assign its right to purchase the unit to an eligible buyer, the resale
240 restrictions set forth in the section no longer apply to any subsequent resales of the property.
241
242 The language contained in Subsection (g) is unchanged, but has been designated as a new
243 subsection.
244 ....
245
246 DIVISION 3. RENTAL OF WORKFORCE HOUSING
247
248 Sec. 16-51. Eligibility requirements for renters of workforce housing units;
249 verification.
250
(a) In order to be deemed an eligible to rent a workforce housing unit, a
household shall meet the following criteria:
251 (1) At least one adult, non-dependent member of the household
252 occupying the unit shall, at the time of application to the workforce
253 housing program, live or work full-time in the City of Virginia Beach,
254 or must have a bona fide offer of full-time employment within the
255 City of Virginia Beach commencing within three (3) months of the
256 time of application;
257 (2) No member of the household shall own or have a controlling
258 interest in any other real property;
259 (3) The household's gross annual income shall, at the time of
260 application, be between sixty 0) fort40 percent and ninety (90)
261 percent of area median income or, where the building contains an
262 elevator, between forty (40) percent and one hundred (100) percent
263 of Area Median Income, adjusted for household size; and
264 (4) The net worth of the household shall not exceed fifty (50) percent of
265 the total of rent payments for a period of twelve (12) months. The
266 following items shall not be included in determining the net worth of
267 a household:
268 a. The present value of insurance policies, retirement plans,
7
269 furniture or household goods; and
270 b. Any income-producing assets needed as a source of income
271 to meet the minimum qualifying requirements for eligible
272 renter status.
COMMENT
The amendment adjusts the percentage of Area Median Income (AMI) that a prospective
renter must have in order to qualify for a workforce housing rental unit.
DIVISISION 4. ADDITIONAL PROVISIONS.
Sec. 16-54. — Workforce housing advisory board established; membership; duties
273 (a) Established. The workforce housing advisory board is hereby established.
274 (b) Term. There shall be at least ten (10) members of the board, who shall be
275 appointed by the city council for terms of four (4) years; provided, however, that the
276 initial terms of two (2) members shall be one (1) year, the initial terms of three (3)
277 members shall be two (2) years, and the initial terms of three (3) members shall be
278 three (3) years.
279 (c) Membership. Two (2) members, both of whom shall have extensive
280 experience in practice in the City of Virginia Beach, shall be either land planners or civil
281 engineers or architects licensed by the Virginia Board for Architects, Professional
282 Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects; one
283 (1) member shall be a real estate salesperson or broker licensed by the Virginia Real
284 Estate Board; one (1) member shall be a representative of a lending institution that
285 finances residential development in the City of Virginia Beach; one (1) member shall be
286 a member of the city council; one (1) member shall be a builder with extensive
287 experience in the construction of single-family detached and attached dwelling units,
288 one (1) member shall be builder with extensive experience in the construction of
289 multiple -family dwelling units; one (1) member shall be a current employee of the
290 department of public works or department of planning; one (1) member shall be a
291 representative of a nonprofit housing organization which provides services in the City of
292 Virginia Beach; and the remaining members shall be citizens of the city.
293 (d) Duties. It shall be the duty of the board to:
8
296
297
298
299
300
income, as defined in section 16-44, and shall be adjusted semi-
annually; provided, however, that maximum rental prices in excess
of those established by the board shall be allowed if such prices are
consistent with the requirements of affordable housing funding
sources and are approved by the director.
301 (2) Advise the city council on all aspects of the city's workforce housing
302 program, including recommendations for modifications of the
303 requirements of the program; and
304 (3) Report annually to the city council on the production of workforce
305 housing units, participation in the workforce housing program, and
306 achievement of program goals.
307
COMMENT
308 The amendment to subsection (d) provides that the Director of Housing and Neighborhood
309 Preservation may establish maximum prices for rental housing that are higher than those
310 established by the Workforce Housing Advisory Board if those prices are consistent with
311 requirements of affordable housing funding sources.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
24th day of January , 2012.
APPROVED AS TO CONTENT
. ,1 A
Dept. of�-I�e�is(rid Neigh
Preserva ion; (U/
CA -11870
R-5
January 3, 2012
APPROVED AS TO LEGAL SUFFICIEN Y:
"4 / -
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Attachment B
VBCDC Clients at 40% to 60% of Area Median Income
a/o October 13, 2011
Client
Number
Current
income
Family
size
% AMI
# Dependents
under 18
Total Rent
Paid
Employer/Position
26
$24,961
3
40%
2
$465
Private Family - Nanny
1
$19,427
1
40%
0
$587*
Va Beach Public Schools- Custodian
14
$22,206
2
40%
1
$414
Wal Mart, Sales Assoc.
28
$25,280
3
40%
2
$1202*
Atria - Resident Services Assistant
25
$25,504
3
40%
2
$1093 *
VA Beach. Dept of Health - Admin Asst
23
$25,522
3
41%
0
$415
Sentara - Admin Assistant
7
$22,728
2
41%
0
$602
Sam's Club/AARP SCSEP
35
$28,674
4
41%
2
$1129*
CHKD, Medical Records Clk
40
$31,000
5
41%
3
$762
St. Brides State Prison - Correctional Officer
15
$23,376
2
42%
1
$740
Sentara- Lab Technician
34
$26,322
3
42%
2
$653
W. Tidewater CSB/MR Tech
39
$29,284
4
42%
2
$680
HRT - Bus Operator
13
$23,662
2
42%
1
$646*
SSI/Child Support
61
$26,683
3
42%
2
$891
HPR Med Svcs/CNA
21
$23,894
2
43%
0
$876
Yellow Cab Dispatcher
10
$23,942
2
43%
0
$486*
Social Security Disability
38
$30,172
4
43%
3
$1042*
Gastroenterology Consultants - Med Asst
44
$27,320
3
43%
2
$1150*
Apple One- Medical CNA
42
$33,027
5
44%
3
$646
Memory Ctr/Health Care Aide
37
$30,694
4
44%
2
$649
VB Public Schools - Sub. Teacher
60
$27,689
3
44%
1
$787*
Chic-Fil-A - Disabled
18
$24,747
2
44%
1
$646
Maury High School - Teaching Asst.
33
$28,038
3
45%
2
$979*
Hampton Roads Transit - Bus Driver
32
$28,080
3
45%
2
$646
Partners in Dental Health - Receptionist
20
$25,000
2
45%
0
$502
Social Security
19
$25,126
2
45%
0
$824
Appointment Specialist Hpt. Rds App Ctr
24
$28,367
3
45%
2
$1076*
Health Horizons - Care Asst
36
$31,850
4
46%
2
$719
City of VA Beach CIT - Call Taker
22
$25,623
2
46%
1
$623
Acct Temps - Bookkeeper
27
$28,977
3
46%
2
$792*
City of Norfolk - Admin Asst
30
$28,993
3
46%
2
$741
Sentara - Patient Care Rep
16
$25,880
2
46%
1
$907*
ABC Termite Pest Control - Admin Asst.
31
$29,120
3
46%
2
$1030*
Portfolio Recovery Assoc. - Collector
4
$23,092
1
47%
0
$716*
HOPE House - Support Asst
2
$23,101
1
47%
0
$586
FGl, . Quality Control Spec
17
$26,571
2
47%
0
$683
City of VA Beach - Human Svcs Elig. Worker
6
$23,424
1
48%
0
$834*
Disabled
41
$36,468
5
48%
3
$952
Toys R US - Retail Sales
8
$27,101
2
48%
1
$610
Computer Imaging Ref. Sys. - Lab Tech
3
$23,731
1
48%
0
$787
Norfolk Public Schools - Custodian
5
$23,905
1
49%
0
$598
PCSI, Housekeeper
43
$39,638
6
49%
2
$889
City of VB Public Wks - Meter Reader
11
$27,706
2
49%
1
$889
Paradigm Inc -Tech Support
57
$27,851
2
50%
1
$645
Sentara - Secretary
65
$35,025
4
50%
2
$719
Norfolk Public School - Secretary
48
$25,163
1
51%
0
$562
Admin Clk CBN/SSl/Pension
55
$29,018
2
52%
1
$646
Ayron Staffing Temp - Admin Asst
53
$29,071
2
52%
1
$677
Social Sec/Workmen's Comp
52 1
$29,093
2
52%
0
$740
Westminster Canterbury/Med Aide
51
$29,120
2
52%
1
$708
Aerotek - Collector
12
$29,320
2
52%
1
$916
Michael Wayne Investments
62
$36,709
4
53%
2
$596
Kohls Cashier/Private Duty Nurse
9
$29,774
2
53%
0
$646*
Social Security Disability
66
$43,878
6
54%
4
$1,038
Central Parking Systems/SS Disability
64
$37,828
4
54%
1
$925
Church Pastor
56
$30,780
2
55%
1
$725
Norfolk State U. - Admin Spec
29
$34,631
3
55%
2
$1067*
EVMS-Finan. Svcs Admin Asst.
47
$26,936
1
55%
0
$781
Wal Mart, Cust. Svc. Mgr; Sales Assoc.
66
$38,928
4
56%
2
$650
VBCDC Maintenance Technician
59
$31,759
2
57%
1
$884
CASMG/Residential Care Specialist
54
$32,000
2
57%
0
$809
STIHL - Laborer
45
$28,080
1
57%
0
$570
HSBC Customer Svc Supervisor
1
58%
0
$929*
Social Security/VA Retirement Benefits
$28,656
1
58%
0
$646
City of Va Beach - Kindergarten Asst
E49$28,428
$32,907
2
59%
0
$994*
City of Norfolk - Teacher's Asst
$41,080
4
59%
3
$712
Sleepmed Therapy, Inc - Med Tech
173
78
Clients Demosraphics
Number of Households: 66 *Denotes residents with a rent subsidy therefore VBCDC
Number of Working Households: 57 recieves fair market rent. All others pay 30% of their
Number of Retired Housholds: 3 adjusted gross income.
Number of Disabled Households: 6
Types of Employment:
Municipal Employees
(teachers, court
clerks/guards, Human 13
services workers, Public
works, etc.)
Private Healthcare Workers 18
Clerical/Retail/Food Service/Cust 26
Service/Technicians
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Item IV -K2.
ORDINANCES/RESOLUTIONS ITEM# 61579
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT. -
Ordinance to AMEND §35-35 of the City Code re equalization of assessments
Voting: 11-0 (By Consent)
Council Members Voting Aye.
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 24, 2012
1 AN ORDINANCE TO AMEND SECTION 35-35
2 OF THE CITY CODE PERTAINING TO
3 EQUALIZATION OF ASSESSMENTS
4
5 SECTION AMENDED: § 35-35
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 35-35 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended and reordained to read as follows:
12
13 Sec. 35-35. Equalization of assessments.
14
15 (a) In order to equalize assessments of real estate annually, the city real
16 estate assessor shall hold hearings between March fifteenth and April thirtieth of each
17 year, or as often as may be necessary as determined by the city real estate assessor,
18 for the purpose of receiving such evidence as may be presented to him by any taxpayer
19 with respect to the inequality of his assessment made during the twelve-month period
20 ending January thirty-first last ensuing. Any taxpayer feeling aggrieved by any such
21 assessment of his property may apply to the city real estate assessor for the
22 equalization thereof on forms provided by the city real estate assessor for that purpose.
23
24 (b) At least fifteen (15) days before the hearings provided for in this section,
25 notice thereof shall be given by publication one time in one of the newspapers having
26 general circulation in the city. Notwithstanding such notice, such hearings may be
27 granted by the city real estate assessor upon appointments.
28
29 (c) After hearing the evidence referred to in subsection (a) above, the city real
30 estate assessor may take such action as he may deem necessary to equalize
31 assessments and shall record the action taken in the land book. Each taxpayer having
32 made application for such hearing and any other taxpayer affected by the action of the
33 city real estate assessor shall be advised of the decision of the city real estate assessor
34 with respect to such assessment.
35
36 (d) The city real estate assessor may authorize persons employed in his
37 office who are competent so to do to hold any hearing referred to in this section,
38 provided the evidence presented or a summary thereof is transmitted to the city real
39 estate assessor for action with respect thereto.
40
41 (e) The board of equalization shall have the powers to revise, correct and
42 amend any assessment of real estate, other than real estate assessable by the state
43 corporation commission. The board shall begin hearing assessment appeals the first
44 Thursday in July of each year. An application for appeal to the board must be received
45 by September X30 of the year in which the assessment was made. The city
46 real estate assessor shall include this deadline in the notice of assessment.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 24th
day of JanLary , 2012.
APPROVED AS TO CONTENT
eal Estate As
� •
CA12116
R-1
January 19, 2012
APPROVED AS TO LEGAL SUFFICIENCY:
-87 -
Item IV -K.3.
ORDINANCES/RESOLUTIONS ITEM # 61580
Resolution in SUPPORT of proposed General Assembly Amendments to the Constitution of Virginia re
Eminent Domain
The following individuals registered to speak:
Michael Barrett, Runnymeade, Phone 422-1568, spoke in OPPOSITION stating that this Legislation does
not need to do anything and this Resolution is a "budget buster" and "welfare for developers ".
Martha S. McClees, Executive Director, Virginia Beach Vision, spoke in OPPOSITION. Virginia Beach
Vision supports property rights and just compensation be guaranteed for public benefit or use.
E. George Minns, President — Seatack Community Civic League, 236 Shipps Lane, Phone: 575-8109, spoke
in SUPPORT stating some Citizens in Virginia Beach would not have to worry about having their land taken
but the Citizens in the Seatack Community would have to worry and as such, Mr. Minns supports this
Resolution.
Bill Stephany, 404 Palletts Road, Phone: 486-4820, spoke in SUPPORT stating this resolution is a "no
brainer " and wants his property to be sacred.
Gilbert Garcia, 900 Ringfield Road, 721-7531, spoke in SUPPORT, stating there is no reason for the
citizens to be bothered with such a Resolution. As a citizen, he should not have to be in fear that some
private citizen will come and try to take his land and home.
Debbie Pavon, 3497 Glen Arden Road, Phone 620-6511, spoke in SUPPORT, stating she is one of the
"overseers" of the Hampton Roads Tea Party Central Facebook Page with numerous contacts. How the
Members of City Council vote this evening will become a matter of local and national interest.
Drake Tsiootsias, 965 Larkaway Ct., Phone 467-1357, spoke in SUPPORT, stating he is a thirty-six (36)
year resident of Kempsville and is in favor of this Resolution. This strengthens the private property owner's
rights.
Jimmy Frost, 2240 Windom Place, Phone: 343-6768, spoke in SUPPORT, stating Virginia Beach Citizens
are watching with great interest how each of the City Council Members vote. Eminent Domain is used
against the poor because they cannot fight back and the government is the biggest lawbreaker around.
Scott Taylor, 304 28`x' Street, spoke in SUPPORT, stating he encourages each Member of City Council to
vote in favor.
Waverly Woods, 2453 Haversham Close, Phone 749-8266, spoke in SUPPORT, stating she is the newly
elected Virginia Beach Chapter Chair of the Hampton Roads Tea Party. Fair and full compensation must be
given when property is taken or damaged. The burden of proof is entirely on the City Council to take the
property.
Robert Dean, 1204 Shawn Drive, Phone 427-6606, spoke in SUPPORT, stating he is a fifty (50) year
resident of Virginia Beach. He is the Chairman of the Tidewater Libertarian Party. He strongly urges each
Member of City Council vote in support of this Resolution. To do otherwise would mean that millions of
military service men and women have died in vain fighting for our lives, liberty and the pursuit of happiness.
January 24, 2012
Item IV -K.3.
ORDINANCES/RESOLUTIONS ITEM # 61580(Continued)
Petey Browder, 1204 Shawn Drive, Phone 773-6732, spoke in SUPPORT, stating under current law it is
impossible for Farmers to get compensated when a road improvement eliminates a Farmer's access to his
land. The amendment would make it easier for Farmers to present evidence of condemnation damages from
lost access. Ms. Browder read a letter published in the Roanoke Times from Mr. Ed Jennings.
Fay Kist, 5292 Shenstone Circle, Phone 460-2833, spoke in SUPPORT, stating there are numerous abuses
found in the report by the Virginia Institute of Public Policy. She described a few of said abuses here in the
Hampton Roads Area.
Ann Crenshaw spoke in OPPOSITION, stating she is a practicing Attorney and before you tonight as a
citizen and a student of Constitutional Law. Founding Fathers of the United States and this Commonwealth
instituted a policy of limited Constitutional Amendments. All of these issues discussed tonight can be
handled by the Legislator and Courts.
Keith Freeman, 4152 Church Point Road, Phone 434-3584, spoke in SUPPORT, stating he is the Vice -
Chairman of the Hampton Roads Tea Party. The issue is simply property protection and essential to our
most basic right. Taking property should be more difficult, not less difficult. It appears to be a stalling
tactic.
January 24, 2012
-89 -
Item IV -K.3.
ORDINANCES/RESOLUTIONS ITEM# 61580(Continued)
Councilman Moss MOVED that the Revised Resolution in support of the proposed General Assembly
Amendments to the Constitution of Virginia re EMINENT DOMAIN be adopted. Councilman DeSteph
seconded the motion.
Councilman Davis made a SUBSTITUTE MOTION that the General Assembly support a Constitutional
Amendment that is consistent with the language of Bill 437 and Bill 597 as drafted and submitted, but also
move forward with enabling Legislation that would immediately protect property rights with the same
verbiage of Bill 437 and Bill 597 until such time that these rights can be protected underneath the
Constitutional Amendment, understanding that the protection of the Constitutional Amendment cannot be
moved up and best case scenario is January 1, 2013. Mr. Davis read the proposed Resolution into the
record and Council Lady Wilson seconded the Substitute Motion.
Councilman Moss MOVED and Councilman DeSteph seconded, a motion to TABLE the subject Revised
Resolution re Eminent Domain.
The Motion to Table failed.
The original Motion failed as the Substitute Motion carried.
Voting: 3-8
Council Members Voting Aye:
William R. "Bill" DeSteph, Robert M. Dyer and John D. Moss
Council Members Voting Nay.-
Glenn
ay:
Glenn R. Davis, Harry E. Diezel, Barbara M. Henley, Vice Mayor Louis
R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
January 24, 2012
Item IV -K.3.
ORDINANCES/RESOLUTIONS ITEM# 61580(Continued)
The Mayor restated and called for the vote on the Substitute Motion. The SUBSTITUTE MOTION by
Councilman Davis, seconded by Council Lady Wilson, was ADOPTED by City Council
Substitute Resolution in SUPPORT of proposed General Assembly
Amendments to the Constitution of Virginia re Eminent Domain
Voting: 6-5
Council Members Voting Aye.-
Glenn
ye:
Glenn R. Davis, Harry K Diezel, Barbara M. Henley, John K Uhrin,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
William R. "Bill" DeSteph, Robert M. Dyer, Vice Mayor Louis R.
Jones, John D. Moss and Mayor William D. Sessoms, Jr.,
Council Members Absent:
None
January 24, 2012
REQUESTED BY COUNCILMEMBERS DAVIS, DIEZEL, DYER, HENLEY, UHRIN,
WILSON AND WOOD
1 A SUBSTITUTE RESOLUTION IN SUPPORT
2 OF STATE LEGISLATION AND A
3 CONSTITUTIONAL AMENDMENT TO
4 EXPEDITIOUSLY AND FULLY PROTECT
5 THE PROPERTY RIGHTS OF VIRGINIA
6 CITIZENS BY STRICTLY REGULATING THE
7 USE OF EMINENT DOMAIN
8 WHEREAS, in 2005, in a 5-4 decision in the case of Kelo v. New London, the
9 Supreme Court of the United States upheld the use of eminent domain by a
10 Connecticut locality to take privately held real property from a land owner and convey
11 that property to another private property owner to further economic development; and
12 WHEREAS, since that time there has been a growing consensus regarding the
13 need for additional protections of our citizens' property rights by limiting the use of
14 eminent domain by governmental entities in the Commonwealth; and
15 WHEREAS, an amendment to the Constitution of Virginia has been proposed
16 that would restrict the use of eminent domain; and
17 WHEREAS, Senate Bill 437 and House Bill 597, as drafted when introduced,
18 set forth eminent domain procedures and provide necessary definitions of terms; and
19 WHEREAS, the proposed constitutional amendment should mirror the language
20 contained in Senate Bill 437 and House Bill 597; and
21 WHEREAS, the proposed eminent domain constitutional amendment would not
22 take effect until 2013 at the earliest, assuming it clears substantial hurdles in the
23 General Assembly and is approved by the voters, but the General Assembly in its
24 current session may promptly enact laws to impose strict limitations on the exercise of
25 eminent domain that upon passage would become effective on July 1, 2012;
26 WHEREAS, it is the sense of City Council that time is of the essence, and these
27 vital protections need to be enacted without delay.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
29 CITY OF VIRGINIA BEACH:
30 The rights of our citizens to their property are fundamental rights that ought to
31 be provided the highest of legal protection, and government should only interfere with
32 such ownership for public use and only upon payment of full and fair compensation.
33 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
34 VIRGINIA BEACH:
35 The City Council urges the General Assembly to (1) promptly enact state
36 legislation that is consistent with Senate Bill 437 or House Bill 597 but that would
37 create statutory protections that could be effective on July 1, 2012, so as to fully and
38 expeditiously protect our citizens' vital property rights; and (2) support a constitutional
39 amendment effectuating the provisions of Senate Bill 437 and House Bill 597 as
40 drafted when introduced.
Adopted by the City Council of the City of Virginia Beach on the 24thday of
January 2012.
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY'S O FICE
CA12118
R-7
January 24, 2012
-91 -
Item IV -K.4.
ORDINANCES/RESOLUTIONS ITEM # 61581
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT.
Ordinance to DESIGNATE TAX EXEMPT Personal Property Taxes in behalf of PIN Ministry
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 24, 2012
APPROVED AS TO CONTENT:
i . - / , / , /
Commissioner of4lie Revenue
CA12071
R-1
November 8, 2011
APPROVED AS TO LEGAL
SUFFICIENCY:
oA�e, s Office
ENTITY NAME:
Pin Ministry
T/A Pin Ministry
545 S. Birdneck Road Ste 101
Virginia Beach VA 23451
Website: pinministry.org
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
Pin exists to provide food, clothing, shelter, and free medical care for people that are
either homeless or extremely poor.
• Pin provides basic medical care, transportation and housing.
• Pin provides support groups and mentoring.
• The ultimate focus is to help the homeless of Hampton. Roads transform their
lives by meeting them where they are and sharing a God that loves them and
wants a relationship with them.
TAX EM PACT:
Business Property: Assessment: 10,026.00
Tax: $148.38
Personal Property Assessment: 1970 Mobile Home 1,000
Tax: .$8.90
Assessment: 1980 Mobile Home 10,752
Tax: $95.69
Assessment: 1973 Mobile Home 1,000
Tax: $8.90
Assessment: 2007 Ford Van
Tax:
Assessment: 2003 Ford Van
Tax:
Real Property Assessment: None
Tax: None
RELEVANT INFORMATION -
IRS Granted 501 (c) 3 status - May 2004
10,125
$374.63
1,650
$61.05
-92 -
Item IV -K.5.
ORDINANCES/RESOL UTIONS ITEM # 61582
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT.
Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease
with Rosemont Interstate Center for City -owned property at Sentara Way
and Avenue A (DISTRICT 3 — ROSE HALL)
Voting: 11-0 (By Consent)
Council Members Voting Aye.
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert
M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 24, 2012
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER
2 TO EXECUTE A LEASE FOR FIVE YEARS WITH
3 ROSEMONT INTERSTATE CENTER, L.L.C., FOR
4 APPROXIMATELY 6,796 SQ. FT. (0.15 ACRE) OF
5 CITY -OWNED LAND LOCATED AT SENTARA WAY
6 AND AVENUE A
s WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain
9 parcel of land containing approximately 6,796 sq. ft. (0.15 acre), located at Sentara
10 Way and Avenue A in the City of Virginia Beach (the "Premises");
11
12 WHEREAS, Rosemont Interstate Center, L.L.C., a Virginia limited liability
13 company ("Rosemont") has leased the Premises from the City since 2002, and
14 desires to continue leasing the Premises;
15
16 WHEREAS, Rosemont has agreed to enter into a new lease agreement for
17 the Premises for a term of five (5) years, with an annual lease payment of $1,472.64
is for the first year, escalating by three percent (3%) each remaining year; and
19
20 WHEREAS, the Premises would continue to be utilized as an ingress/egress
21 point and to provide parking for an office building for the adjacent property owned by
22 Rosemont, and for no other purpose.
23
24 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26
27 That the City Manager is hereby authorized to execute a lease for the term of
28 five (5) years, between Rosemont Interstate Center, L.L.C. and the City, for the
29 Premises in accordance with the Summary of Terms attached hereto, and made a
30 part hereof, and such other terms, conditions or modifications as may be acceptable
31 to the City Manager and in a form deemed satisfactory by the City Attorney.
32
33 Adopted by the Council of the City of Virginia Beach, Virginia on the 4th
34 day of January , 2012.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SUFFICIENCY AND FORM
City Attorney U Public Works / Facilittes
Management
CA11965
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R-1
January 12, 2012
SUMMARY OF TERMS
LEASE OF CITY -OWNED PROPERTY LOCATED
AT SENTARA WAY AND AVENUE A
LESSOR: City of Virginia Beach (the "City")
LESSEE: Rosemont Interstate Center, L.L.C. ("Rosemont")
PREMISES: Approximately 6,796 sq. ft. (0.15 acre) of City -owned property
located at Sentara Way and Avenue A in the City of Virginia Beach
TERM: July 1, 2012 through June 30, 2017
RENT: $1,472.64 for the first year and escalated by three percent (3%)
each remaining year. Rent shall be payable either in an annual
lump sum or in equal monthly installments.
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Use the Premises for ingress and egress and to provide parking for an
adjacent office building owned by Lessee, and no other purposes.
• Keep, repair, and maintain the Premises at its expense and will do so in a
workmanlike manner.
Maintain commercial general liability insurance coverage with policy limits
of not less than one million dollars ($1,000,000) combined single limits per
occurrence, issued by an insurance company licensed to conduct the
business of insurance in Virginia. Such insurance shall name the City of
Virginia Beach as an additional insured. Lessee shall provide a certificate
evidencing the existence of such insurance.
• Assume full responsibility and liability for any and all damages to persons
or property caused by any act or omission of the Lessee or its agents, etc.
associated with the use of the Premises.
• Comply with all applicable laws, ordinances, and regulations in the
performance of its obligations under the Lease.
RIGHTS AND RESPONSIBILITIES OF LESSOR:
Access to the Premises at any time, without prior notice, in the event of an
emergency.
• The right to require Rosemont to surrender possession and control of the
Premises to the City upon forty-eight (48) hours' written notice.
The right to grant easements and rights-of-way across, in, under and
through the Premises for streets, alleys, public highways, drainage, and
other similar purposes.
TERMINATION:
• The City may terminate the Lease any time prior to June 30, 2017 upon
sixty (60) days' written notice.
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-93 -
Item IV -K. 6.
ORDINANCES/RESOLUTIONS ITEM # 61583
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE an
Agreement with the Virginia Department of Agriculture and Consumer Services re
additional funding for the Agriculture Reserve Program (ARP)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 24, 2012
I A RESOLUTION AUTHORIZING AND DIRECTING THE
2 CITY MANAGER TO EXECUTE, ON BEHALF OF THE
3 CITY, AN INTERGOVERNMENTAL AGREEMENT
4 BETWEEN THE VIRGINIA DEPARTMENT OF
5 AGRICULTURE AND CONSUMER SERVICES AND THE
6 CITY OF VIRGINIA BEACH REGARDING THE PURCHASE
7 OF AGRICULTURAL RESERVE PROGRAM EASEMENTS
8
9
10 WHEREAS, the City of Virginia Beach adopted the Agricultural Lands
11 Preservation Ordinance in May 1995, thereby establishing a comprehensive program
12 (the "Agricultural Reserve Program") for the preservation of agricultural lands within the
13 City; and
14
15 WHEREAS, since its inception of the Agricultural Reserve Program,
16 approximately 8,878.87 acres of land have been placed under easements restricting
17 development of the land to agricultural uses; and
18
19 WHEREAS, the General Assembly, by Chapter 890 of the 2011 Acts of
20 Assembly, has appropriated $1,200,000 to the Virginia Department of Agriculture and
21 Consumer Services ("VDACS") for the continuation of a state fund to match local
22 governmental purchases of development rights program funds for the preservation of
23 working farms and forest lands; and
24
25 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes VDACS' Office of
26 Farmland Preservation to develop methods and sources of revenue for allocating funds
27 to localities to purchase agricultural conservation easements; and
28
29 WHEREAS, VDACS has determined that the City of Virginia Beach is eligible to
30 receive contributions of funds from VDACS in reimbursement for certain costs the City of
31 Virginia Beach incurs in the course of purchasing Agricultural Reserve Program
32 easements; and
33
34 WHEREAS, the City and VDACS desire to enter into an agreement pursuant to
35 which VDACS will reimburse the City for certain costs incurred by the City in the course
36 of purchasing ARP easements, up to a cumulative maximum amount of $110,952.46,
37 for a period of two (2) years from the date of the agreement; and
38
39 WHEREAS, the complete agreement between the City and VDACS is set forth in
40 that certain document entitled "INTERGOVERNMENTAL AGREEMENT Between
41 Virginia Department of Agriculture and Consumer Services and The City of Virginia
42 Beach," dated December 31, 2011, a true copy of which agreement is on file in the City
43 Clerk's Office; and
44
45
46
47
48
49
50
51
52
53
54
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57
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WHEREAS, a Summary of Material Terms of the said agreement is appended
hereto; and
WHEREAS, the City Council finds that the terms of the said agreement are fair
and reasonable and would be of significant benefit to the City and its citizens by
providing an additional source of funds for the purchase of Agricultural Reserve
Program easements;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH:
That the City Manager is hereby authorized and directed to execute the aforesaid
agreement, and any modifications to the aforesaid agreement, on behalf of the City and
to take such measures as are necessary or advisable to implement such agreement
according to its terms.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH:
That the City Council hereby expresses its appreciation to the Governor, the
General Assembly and the Virginia Department of Agriculture and Consumer Services
for their continued commitment to the preservation of agriculture within the
Commonwealth and the City.
Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day
Of January , 2012.
Approved as to Content:
Agriculture Department
CA -11981
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R-1
January 3, 2012
2
Approved as to Legal Sufficiency:
City Attorney's Office
Intergovernmental Agreement
between
Virginia Department of Agriculture and Consumer Services
and
The City of Virginia Beach
Summary of Material Terms
Background:
City of Virginia Beach is eligible to receive an additional $110,952.46 in State
funds to purchase agricultural preservation easements through the City's
Agricultural Reserve Program (ARP).
The City of Virginia Beach was previously approved to receive $403,219.75 from
the Virginia Department of Agriculture and Consumer Services (VDACS) on June
24, 2008, $49,900.00 on January 27, 2009, $93,932.19 on February 23, 2010,
$12,500 on February 22, 2011, and $54,247.37 on June 14, 2011.
Parties:
The City of Virginia Beach and the Virginia Department of Agriculture and
Consumer Services (VDACS).
VDACS Responsibilities:
VDACS will reimburse the City for certain costs of purchasing ARP easements.
The maximum amount in new funding over the next two years is $110,952.46.
Reimbursable costs include:
• the purchase price of any Treasury STRIPS acquired to fund the
purchase price of the conservation easement;
• cost of title insurance;
• cost of any appraisal;
• cost of any physical survey;
• reasonable attorney's fees;
• cost of public notices
Note: Other costs are reimbursable but are not incurred by the City in the course
of ARP transactions as presently structured.
Maximum reimbursement for a single purchase is equal to 50% of sum of the
purchase price of the easement and reimbursable costs, excluding costs of
STRIPS.
City of Virginia Beach Responsibilities:
Cost:
Utilize state funds to further protect working agricultural lands by
purchasing development rights.
Submit a progress report each year that the agreement is effective or a
subsequent agreement is in effect to (i) describe any prospective
properties and the status of any negotiations, (ii) estimate the timeframes
that agreements could possibly be executed, (iii) maintain a public
outreach program designed to educate various stakeholders, (iv) develop
and maintain a monitoring program, and (v) continually evaluate the
effectiveness of the program.
If City sells development rights back to the property owner, City must
reimburse VDACS in an amount proportional to VDACS' contribution
toward the total reimbursable cost of acquiring the ARP easement.
No associated costs are incurred by the City
Duration and Termination:
• Initial term is two years from the date of the agreement or December 31,
2012.
This agreement shall be merged with the previous agreement approved
on February 22, 2011, so there are no inconsistencies.
• City may be recertified as eligible for future funding, but not guaranteed.
The agreement may be terminated if the City fails to perform any of its
obligations under the terms of this agreement.
If the City fails to allocate the spending of the funds within the two year
time period, monies will then be redistributed to other PDR programs.
►:
Item IV -K. 7.
ORDINANCES/RESOLUTIONS ITEM # 61584
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to EXECUTE a Memorandum of Understanding (MOU) with
the Virginia Beach Police Foundation re the "Law Enforcement
Memorial " to be constructed at 35th Street and the Boardwalk
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 24, 2012
1 AN ORDINANCE AUTHORIZING THE EXECUTION
2 OF A MEMORANDUM OF UNDERSTANDING FOR
3 THE CONSTRUCTION, MAINTENANCE, AND
4 DEDICATION OF THE LAW ENFORCEMENT
5 MEMORIAL TO BE INSTALLED AT 35TH STREET
6 AND THE BOARDWALK AND TRANSFERRING
7 FUNDS TO PROVIDE FOR IMPROVEMENTS OF
8 CITY PROPERTY
9
10 WHEREAS, the Virginia Beach Police Foundation (the "Foundation") desires to
11 erect a monument sculpture in memory of law enforcement officers who lost their lives
12 in the line of duty in the City; and
13
14 WHEREAS, the City of Virginia Beach ("City") owns real property at the
15 intersection of 35th Street and the Boardwalk that would be a suitable location of such a
16 monument and park; and
17
18 WHEREAS, the Foundation and the City wish to enter into a Memorandum of
19 Understanding ("MOU") to provide for the construction, maintenance, and dedication of
20 a memorial sculpture, granite base, flag pole, contributor walls, seat wall, bollards, and
21 associated lighting (the "Memorial"), a copy of a rendering of the Memorial is attached
22 hereto as Exhibit A; and
23
24 WHEREAS, the Memorial will be the focal point of the Law Enforcement
25 Memorial Park (the "Park") and such Memorial and Park will be a place of reverence for
26 those law enforcement officers who lost their lives in the line of duty in the City, a copy
27 of a drawing of the Memorial and Park Location is attached hereto as Exhibit B; and
28
29 WHEREAS, the MOU provides for the Foundation to dedicate the Memorial to
30 the City after it has been constructed; and
31
32 WHEREAS, the MOU provides for the Foundation to be responsible for capital
33 and enhanced maintenance related to the Memorial and the City to be responsible for
34 day-to-day maintenance and repair including cleaning, operational upkeep of lighting,
35 replacement of flags as wear dictates, lowering of flags to half-mast and raising to full -
36 mast as appropriate, resealing of joints in granite panels, and removal of graffiti; and
37
38 WHEREAS, a portion of the construction includes the improvement of City
39 property at the Park; the cost of such improvements will not require expenditure of City
40 funds exceeding $80,000.
41
42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
43 VIRGINIA BEACH, VIRGINIA, THAT:
44
45 1. The City Manager is hereby authorized to execute a MOU between the City and
46 the Foundation to provide for the construction, maintenance, and dedication of
47 the Law Enforcement Memorial and Memorial Park, a summary of material terms
48 of the MOU is attached hereto as Exhibit C and incorporated.
49
50 2. $80,000 is hereby transferred from the General Fund Reserve for Contingencies
51 to the FY 2011-12 Operating Budget of the Strategic Growth Area Office for the
52 City improvements at the Memorial Park.
Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day
Of January , 2012.
APPROVED AS TO CONTENT:
is
APPROVEID AS TO
APPROVED AS TO CO
FFICIENCY:
R-4
January 12, 2012
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EXHIBIT C
SUMMARY OF MATERIAL TERMS
MEMORANDUM OF UNDERSTANDING ("MOU")
PARTIES VIRGINIA BEACH POLICE FOUNDATION (the "Foundation")
CITY OF VIRGINIA BEACH (the "City")
PURPOSE Construction, maintenance and dedication of the Virginia Beach Law
Enforcement Memorial (the "Memorial"). The Memorial is defined in the
MOU to include: the memorial sculpture, the granite base, the flagpole,
the contributor wall(s), the seat wall, the bollards, and the associated
lighting. Additionally, the MOU provides for the construction of
improvements to City property at the Law Enforcement Memorial Park,
located at 35th Street and the Boardwalk (the "Park" or "Premises"). The
Memorial and the Park will be a symbol of reverence to the memory of
law enforcement officers who lost their lives in the line of duty in Virginia
Beach.
ATTACHMENTS Exhibit A: the Memorial
Exhibit B: a layout of the Park
TERMS The Foundation and its contractors and subcontractors are required to have
insurance at all times during construction. The Foundation will indemnify
and hold harmless the City for any actions or omissions on the part of the
Foundation or any of its agents, contractors, subcontractors, and
employees.
The MOU provides for the dedication of the Memorial after completion
and acceptance by the City. After dedication and subject to funding, the
City will be responsible for day-to-day maintenance and repair, including
the removal of graffiti. The Foundation will be responsible for capital or
enhanced maintenance.
The Premises will be available to the Foundation for construction and
installation activities of the Memorial. The Foundation will allow access
during construction and installation of the Memorial and the Park at any
reasonable time to the City, its agents, or employees.
The improvements to City property include pavers within the 35th Street
right-of-way, the realignment of the bike path, the relocation of the water
fountain and shower currently at the Premises. If the City Purchasing
Agent is able to make a sole source determination, the MOU will
incorporate a cost participation agreement to allow for the City to provide
an amount not exceeding $80,000 for the improvements to the Premises.
EXHIBIT C — SUMMARY OF THE MOU
The City will not be liable for the loss, damage, or destruction of the
Memorial. However, subject to the availability and appropriation of
funding including funds received from a tortfeasor or court-ordered
restitution, the City will endeavor to repair damages to the Memorial.
With regard to the Premises, subject to the availability and appropriation
of funding, the City will be responsible for loss, damage or destruction.
The Foundation will not do any act or permit any action to be taken that
would result in a lien being placed upon the Premises.
The MOU contains standard City contract provisions about, among other
things, the independence of the contracting parties, the termination of the
agreement, and the ability of either party to assign the agreement.
2
-95 -
Item IV -K.8.
ORDINANCES/RESOLUTIONS ITEM # 61585
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT.
Ordinance to MODIFIY a $75, 000 interest-free loan to the Chesapeake
Beach Volunteer Fire and Rescue Squad to extend dates of repayment
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 24, 2012
1 AN ORDINANCE TO AMEND AN INTEREST-FREE LOAN TO
2 THE CHESAPEAKE BEACH VOLUNTEER FIRE AND
3 RESCUE DEPARTMENT, INC.
4
5 WHEREAS, the Chesapeake Beach Volunteer Fire and Rescue Department, Inc.
6 ("Rescue Squad") entered into a loan agreement ("Loan Agreement") with the City of
7 Virginia Beach and provided a promissory note ("Note") on or about February 22, 2011 for
8 the payment of an interest-free loan of $75,000 to purchase a pre -owned replacement
9 ambulance; and
10
11 WHEREAS, the ambulance has been damaged such that it is no longer serviceable;
12 and
13
14 WHEREAS, the Rescue Squad has requested an extension of the payment
15 schedule for six -months to allow it to make arrangements for salvage and other forms
16 recovery related to the damage.
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA, THAT:
20
21 The City Manager is hereby authorized to execute an amendment to the Loan
22 Agreement, which is attached hereto and extends the payment schedule provided by the
23 Note, to allow the Rescue Squad additional time to pursue recovery and alternative means
24 of funding.
25
26 Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of
27 JAniiary , 2012•
Requires an affirmative vote by a majority of all of the members of the City Council.
APPROVED AS TO CONTENT
Management Services
APPROVED AS TO CONTENT:
Emergency Medical Ser ' es
CA12113
R-1
January 13, 2012
APPROVED AS TO LEGAL SUFFICIENCY:
AMENDMENT ONE to
Agreement Between the City of Virginia Beach and
the Chesapeake Beach Volunteer Fire and Rescue Department, Inc.
THIS AMENDMENT is made and entered into this day of ,
2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the
Chesapeake Beach Volunteer Fire and Rescue Department, Inc. ("RESCUE SQUAD"),
to amend the AGREEMENT between the CITY and the RESCUE SQUAD entered into
on or about February 22, 2011.
WHEREAS, the ambulance that as the subject of the previous AGREEMENT has
been damaged such that it is no longer serviceable (the "OCCURRENCE"); and
WHEREAS, the RESCUE SQUAD believes the OCCURRENCE is an
extenuating circumstance as described in the AGREEMENT; and
WHEREAS, the RESCUE SQUAD requests the CITY agree to provide a stay of
the payment schedule for a minimum of six months to allow the RESCUE SQUAD to
make arrangements for salvage and other actions — legal and otherwise — related to the
OCCURRENCE; and
WHEREAS, the CITY does not object to the stay of the payment schedule for six
months.
WITNESSETH
NOW, THEREFORE, the RESCUE SQUAD and the CITY to agree to amend the
AGREEMENT as follows:
1. The payment schedule provided for in the AGREEMENT shall be stayed for a
period of six months, with the first payment being August 1, 2012, and all
subsequent payments shall be on August 1 of the relevant year; and
2. The six month stay provided in Paragraph 1, supra, shall apply to the Promissory
Note given by the Rescue Squad; and
3. All other covenants and promises shall continue in full force and effect.
IN WITNESS WHEREOF, the parties have executed this AMENDMENT ONE
on the day and year first above written.
ATTEST:
City Clerk
APPROVED AS TO CONTENT:
Virginia Beach EMS
Virginia Beach Finance
Virginia Beach Management Services
CITY OF VIRGINIA BEACH, VIRGINIA
James K. Spore, City Manager
CHESAPEAKE BEACH VOLUNTEER
FIRE AND RESCUE DEPARTMENT,
INC.
LON
Title:
2
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
Item IV -K. 9.
ORDINANCES/RESOLUTIONS ITEM # 61586
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT. -
Resolution to REQUEST funding from the Commonwealth
Transportation Board re an extension to Progress Lane and the City
Manager to execute all necessary agreements
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 24, 2012
1 A RESOLUTION REQUESTING THE
2 COMMONWEALTH TRANSPORTATION BOARD
3 PROVIDE ECONOMIC DEVELOPMENT
4 ACCESS PROGRAM FUNDING FOR THE
5 EXTENSION OF PROGRESS LANE AND TO
6 AUTHORIZE THE CITY MANAGER TO ENTER
7 INTO ANY NECESSARY AGREEMENTS
8 RELATED THERETO
9
10 WHEREAS, the City of Virginia Beach (the "City") desires to continue to develop
11 property for the purpose of economic development within Phases V and VI of the
12 London Bridge Industrial Park located off of Progress Lane in the City; and
13
14 WHEREAS, IMS Gear Holding, Inc. has entered into a long term lease
15 agreement with Oceana Development, LLC to develop the property and construct the
16 necessary facilities in the City for the purpose of manufacturing gear assemblies used in
17 automatic automotive seats; and
18
19 WHEREAS, this new facility is expected to involve new private capital investment
20 in land, building, and equipment of approximately $35 million and IMS Gear Virginia,
21 Inc. is expected to employ sixty to eighty (60-80) persons at this facility; and
22
23 WHEREAS, operations are expected to begin at this new facility on or about
24 August 31, 2012; and
25
26 WHEREAS, the subject property has no access to a public street or highway and
27 will require Progress Lane to be extended; and
28
29 WHEREAS, the City of Virginia Beach hereby provides that the necessary
30 environmental analysis, mitigation, fee simple right of way and utility relocations or
31 adjustments, if necessary, for this project, will be provided at no cost to the Economic
32 Development, Airport and Rail Access Fund; and
33
34 WHEREAS, the City of Virginia Beach acknowledges that no land disturbance
35 activities may occur within the limits of the proposed access project prior to appropriate
36 notification from the Department of Transportation; and
37
38 WHEREAS, the City of Virginia Beach hereby guarantees that all ineligible
39 project costs and all costs not justified by eligible capital outlay will be provided from
40 sources other than those administered by the Virginia Department of Transportation.
41
42 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
43 VIRGINIA BEACH, VIRGINIA:
44
45 1. That the City of Virginia Beach hereby requests that the Commonwealth
46 Transportation Board provide Economic Development Access Program funding to
47 provide an adequate road to this property; and
48
49 2. That the City of Virginia Beach City Council hereby agrees that the new
50 segment of Progress Lane roadway so constructed will be added to and become a part
51 of the City of Virginia Beach's road system; and
52
53 3. That the City Manager is hereby authorized to execute on behalf of the
54 City of Virginia Beach any necessary project agreements related to paragraphs 1 and 2,
55 supra.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day
of January , 2012.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Economic Development
CA12103
R-2
January 13, 2012
City Attorney's Office
oo ,SIC
10
0
I.
00 00
-97 -
Items IV-K10.a/b/c/d/e/f/g/h/i
ORDINANCES/RESOLUTIONS ITEM # 61587
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinances to AUTHORIZE temporary encroachments into portions of
City -owned rights-of-way, re repair and replacement of bulkheads,
anchor piles, return walls, landing platforms, etc. damaged by
"Hurricane Irene" on Ocean View Avenue at Chesapeake Beach:
(DISTRICT 4 — BAYSIDE):
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 24, 2012
Items IV-KIO.a
ORDINANCES/RESOLUTIONS ITEM # 61587a
a. ROGER T. and ELIZABETH K. GREGORY TRUSTEES OF ROGER T. and ELIZABETH K.
GREGORY at the rear of 5008 Lauderdale Avenue; subject to:
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach as well as the City's specifications and
approval.
2. Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity and Grantee shall bear all costs and expenses of such removal.
3. It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee and that within
thirty (30) days after the notice is given, the Temporary Encroachment must be
removed from the Encroachment Area by the Grantee and that the Grantee will bear
all costs and expenses of such removal.
4. It is further expressly understood and agreed that the Grantee shall indemnify, hold
harmless and defend the City, its agents and employees, from and against all claims,
damages, losses and expenses, including reasonable attorney's fees, in case it shall
be necessary to file or defend an action arising out of the construction, location or
existence of the Temporary Encroachment.
5. It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited
extent specified herein, nor to permit the maintenance and construction of any
encroachment by anyone other than the Grantee.
6. It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
7. It is further expressly understood and agreed that the Grantee must obtain a building
permit from the Department of Planning prior to commencing any construction
within the Encroachment Area (the "Permit').
8. It is further expressly understood and agreed that the seaward extent of the
Temporary Encroachment shall not extend past the seaward toe of the sand dune.
9. It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than
$500,000.00, combined single limits of such insurance policy or policies. The
Grantee will provide endorsements with at least thirty (30) days written notice to the
City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
January 24, 2012
Items IV-K.10.a
ORDINANCES/RESOLUTIONS ITEM # 61587a (Continued)
contingent, with relation to the construction, location and/or existence of the
Temporary Encroachment.
10. It is further expressly understood and agreed that the Temporary Encroachment must
conform to the minimum setback requirements as established by the City.
11. It understood and agreed that the Grantee must submit, for review and approval, a
survey of the Encroachment Area, certified by a Registered Professional Engineer or
a Licensed Land Surveyor, and/or "as built" plans of the Temporary Encroachment
sealed by a Registered Professional Engineer, if required by either the City
Engineer's Office or the Engineering Division of the Public Utilities Department.
12. It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and
charge the cost thereof to the Grantee and collect the cost in any manner provided by
law for the collection of local or state taxes, may require the Grantee to remove the
Temporary Encroachment and, pending such removal, the City may charge the
Grantee for the use of the Encroachment Area, the equivalent of what would be the
real property tax upon the land so occupied if it were owned by the Grantee. If such
removal shall not be made within the time ordered hereinabove by this Agreement,
the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day
for each and every day the Temporary Encroachment is allowed to continue
thereafter and may collect such compensation and penalties in any manner provided
by law for the collection of local or state taxes.
January 24, 2012
1 Requested by Department of Public Works
2
3
AN ORDINANCE TO AUTHORIZE
4
TEMPORARY ENCROACHMENTS
5
INTO A PORTION OF PUBLIC RIGHT -
6
OF -WAY KNOWN AS OCEAN VIEW
7
AVENUE (CHESAPEAKE BEACH)
8
LOCATED AT THE REAR OF 5008
9
LAUDERDALE AVENUE, FOR
10
PROPERTY OWNERS ROGER T. AND
11
ELIZABETH K. GREGORY, TRUSTEES
12
OF THE ROGER T. AND ELIZABETH
13
K. GREGORY REVOCABLE LIVING
14
TRUST
15
16 WHEREAS, Roger T. and Elizabeth K. Gregory, Trustees of the Roger T. and
17 Elizabeth K. Gregory Revocable Living Trust, desire to construct and maintain a
18 proposed bulkhead (35LF), anchor piles (6' O.C.) and a return wall on a portion of public
19 right-of-way known as Ocean View Avenue (Chesapeake Beach), located at the rear of
20 5008 Lauderdale Avenue, Virginia Beach, Virginia; and
21
22 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
23 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
24 public rights-of-way subject to such terms and conditions as Council may prescribe.
25
26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Roger T. and Elizabeth K.
3o Gregory Trustees of the Roger T. and Elizabeth K. Gregory Revocable Living Trust, (the
31 "Trust") assigns and successors in title are authorized to maintain existing temporary
32 encroachments for a proposed bulkhead (35LF), anchor piles (6' O.C.) and a return wall
33 on a portion of City property as shown on the map marked Exhibit "A" and entitled:
34 "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40' — 0" FOR THE ROGER T. AND
35 ELIZABETH K. GREGORY REVOCABLE LIVING TRUST 5008 LAUDERDALE AVE
36 VIRGINIA BEACH, VA 23455," a copy of which is on file in the Department of Public
37 Works and to which reference is made for a more particular description; and
38
39 BE IT FURTHER ORDAINED that the temporary encroachments are expressly
40 subject to those terms, conditions and criteria contained in the Agreement between the
41 City of Virginia Beach and the Trust (the "Agreement"), which is attached hereto and
42 incorporated by reference; and
43
44 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is
45 hereby authorized to execute the Agreement; and
46
47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
48 time as Roger T. Gregory and Elizabeth K. Gregory, the trustees, and the City Manager
49 or his authorized designee execute the Agreement.
50
51
52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day
53 of January- , 2012.
CA -11967
R-1
PREPARED: 1/18/12
APPROVED AS TO CONTENTS
f� C
PbALIC WORKS, REAL ESTATE
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
k&,Gy-A-) 7n A-)
CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 12th day of January, 2012, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and ROGER T. GREGORY AND
ELIZABETH K. GREGORY TRUSTEES OF THE ROGER T. AND ELIZABETH K.
GREGORY REVOCABLE LIVING TRUST, and ASSIGNS AND SUCCESSORS IN
TITLE, "Grantee", even though more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of those certain lots, tracts, or
parcels of land designated and described as "Lots 17 and 18 in Block 19," as shown on
that certain plat entitled: "CHESAPEAKE PARK Property of LYNNHAVEN REALTY
CORPORATION 319-321 Seaboard Bank Bldg. NORFOLK, VA. Scale 1 inch = 200 ft.
C. F. PETRIE, C.E., NORFOLK, VA. May 1910" and "CHESAPEAKE PARK PRINCESS
ANNE CO, VA. Scale 1" = 200 ft. Amended Plat made from Blueprint, with certain
changes for A. M. Ward, Oct. 14th, 1919, C. F. PETRIE, C.E.," and said plats are
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia
in Map Book 4, at page 47 and in Map Book 6, at page 123, respectively, and being
further designated, known, and described as 5008 Lauderdale Avenue, Virginia Beach,
Virginia 23455 (the "Property");
GPIN'S: (UNIMPROVED CITY RIGHT-OF-WAY — KNOWN AS OCEAN VIEW
AVENUE - NO GPIN REQUIRED OR ASSIGNED)
1570-43-5104-0000; (5008 Lauderdale Avenue)
WHEREAS, it is proposed by the Grantee to construct and maintain a
proposed bulkhead (35LF), anchor piles (6' O.C.) and a return wall, collectively, the
"Temporary Encroachment", in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
unimproved City right -of way known as Ocean View Avenue located at the rear of 5008
Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and
WHEREAS, pursuant to the local emergency declared by the City
Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N,
adopted September 6, 2011 (the "Emergency Declaration"), the Property is exempted
from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the
Proposed Bulkhead, Anchor Piles and Return Wall only; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled:
2
"ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR
THE ROGER T. AND ELIZABETH K. GREGORY
REVOCABLE LIVING TRUST 5008 LAUDERDALE AVE
VIRGINIA BEACH, VA 23455 DATE: 12/14/2011 SHEET
NO. 1 OF 1," a copy of which is attached hereto as Exhibit
"A" and to which reference is made for a more particular
description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
3
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a building permit from the Department of Planning prior to commencing any construction
within the Encroachment Area (the "Permit").
It is further expressly understood and agreed that the seaward extent of
the Temporary Encroachment shall not extend past the seaward toe of the sand dune.
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered professional engineer, if required
0
by either the City Engineer's Office or the Engineering Division of the Public Utilities
Department.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Roger T. Gregory and Elizabeth K. Gregory,
Trustees of the Roger T. and Elizabeth K. Gregory Revocable Living Trust, the said
Grantees, have caused this Agreement to be executed by their signatures. Further, that
the City of Virginia Beach has caused this Agreement to be executed in its name and on
its behalf by its City Manager and its seal be hereunto affixed and attested by its City
Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2012, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
(SEAL)
The foregoing instrument was acknowledged before me this day of
, 2012, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
Notary Registration Number:
My Commission Expires:
G
Notary Public
(SEAL)
The Roger T. and Elizabeth K. Gregory
Revocable Living Trust
By
Roger T. Greg ry, Trustee
By 4�44'
Elizab th K. Gregory, Trust e
ST TE OF ��
CI UNTY OF V;qkF!-�-7Alfi
The foregoing instrument was acknowledged before me this l Zt day of
2012, by Roger T. Gregory Trustee on behalf of Th oger T. and
Elizabeth K. Gregory Revocable Living Trust.
i
EAL)
Notary Registration Number:
My Commission Expires:
Notary Public
WA
4?0 ARYI11
STATE OF lC= ►-
CIT_YXOUNTY OF ?�cAc;,+, to -wit:
The foregoing instrument was acknowledged before me this day of
2012, by Elizabeth K. Gregory Tri e on�alf of Tf a Roger T.
and Elizabeth K. Gregory Revocable Living Trust.
(SE )
Public
Notary Registration Number: .7D93i2-Z
My Commission Expires: ;q�) Zvl�
APPROVED AS TO CONTENTS
C)�
SIWIATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
ot&w:hl rbv�
DEBRA M. BRYAN,
ASSOCIATE CITY ATTORNEY
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LIMITS OF I ^� O 50' LANDWARD
DISTURBANCESUFFER —�
TOE OF SAND PILES PLACED —•_._ —�
BY CITY OF VIRGINIA BEACH,OCEAN --VIEW AVE
SURVEYED MB 6 PG 123
— —
29 SEPTEMBER, 2011 —�
SILT FENCE
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J.W. BRAWLEY, PE
P.O. BOX 7035
WILLIAMSBURG, VIRGINIA 23188
TEL. 757-645-6680
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SEE DETAIL
-------------
ENCROACHMENT EXHIBIT "A"
SCALE: 1" = 40'-0"
FOR THE ROGER T. AND
ELIZABETH K. GREGORY
REVOCABLE LIVING TRUST
5008 LAUDERDALE AVE
VIRGINIA BEACH, VA 23455
100" �
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AT:
CITY: VIRGINIA BEACH
STATE: VIRGINIA
DATUM: NAVD88
DATE: 12/14/2011
SHEET NO. 1 OF 2
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EXISTING
L) JAMES W, BRAYLEY III
LIC. No. 024305
J.W. BRAWLEY. PE
P.O. BOX 7035
OSBURG. VIRGINIA 23188
TEL
PROPERTY LINE
PROPOSED CMU SERIES 750
VINYL SHEET PILE WALL
L 2' X 2" X 1/4" X 5' (GALV.)
1/2" DIA. THROUGH BOLT WITH WASHERS
1/2- X 6" ANCHOR BOLT 0 8" O.C.
FILL CELLS WITH GROUT FULL,
HEIGHT AT CORNER
ENCROACHMENT EXHIBIT "A"
BULKHEAD CONNECTION TO
CMU WALL. DETAIL
SCALE: N.T.S.
FOR THE ROGER T. AND
ELIZABETH K. GREGORY
REVOCABLE LIVING TRUST
5008 LAUDERDALE AVE
VIRGINIA BEACH, VA 23455
IN: VIRGINIA BEACH
AT:
CITY VIRGINIA BEACH
STATE: VIRGINIA
DATUM: NAV88
DATE: 10/28/2011
SHEET NO. 2 OF 2.
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-100 -
Items IV-K.10.b
ORDINANCES/RESOLUTIONS ITEM # 61587b
b. KELSEYS. and JEANSTEWART at the rear of 5014 Lauderdale Avenue; subject to:
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach as well as the City's specifications and
approval.
2. Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity and Grantee shall bear all costs and expenses of such removal.
3. It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee and that, within
thirty (30) days after the notice is given, the Temporary Encroachment must be
removed from the Encroachment Area by the Grantee and that the Grantee will bear
all costs and expenses of such removal.
4. It is further expressly understood and agreed that the Grantee shall indemnify, hold
harmless and defend the City, its agents and employees, from and against all claims,
damages, losses and expenses, including reasonable attorney's fees, in case it shall
be necessary to file or defend an action arising out of the construction, location or
existence of the Temporary Encroachment.
5. It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited
extent specified herein nor to permit the maintenance and construction of any
encroachment by anyone other than the Grantee.
6. It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
7. It is further expressly understood and agreed that the Grantee must obtain a building
permit from the Department of Planning prior to commencing any construction
within the Encroachment Area (the "Permit').
8. It is further expressly understood and agreed that the Grantee must obtain a Coastal
Primary Sand Dune Permit from the Wetlands Board for any existing, replacement or
proposed encroachment not exempted pursuant to the Emergency Declaration or
otherwise allowed under Section 1602 of the City Zoning Ordinance.
9. It is further expressly understood and agreed that the seaward extension of the
Temporary Encroachment shall not extend past the seaward toe of the sand dune.
10. It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than $500, 000
combined single limits of such insurance policy or policies. The Grantee will provide
January 24, 2012
-101 -
Item s
101 -
Items IV-KIO.b
ORDINANCES/RESOLUTIONS ITEM# 61587b (Continued)
endorsements with at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies.
The Grantee assumes all responsibilities and liabilities, vested or contingent, with
relation to the construction, location and/or existence of the Temporary
Encroachment.
H. It is further expressly understood and agreed that the Temporary Encroachment must
conform to the minimum setback requirements as established by the City.
12. It is further expressly understood and agreed that the Grantee must submit, for
review and approval, a survey of the Encroachment Area, certified by a Registered
Professional Engineer or a Licensed Land Surveyor, and/or "as built" plans of the
Temporary Encroachment sealed by a Registered Professional Engineer, if required
by either the City Engineer's Office or the Engineering Division of the Public
Utilities Department.
13. It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and
charge the cost thereof to the Grantee and collect the cost in any manner provided by
law for the collection of local or state taxes, may require the Grantee to remove the
Temporary Encroachment and, pending such removal, the City may charge the
Grantee for the use of the Encroachment Area the equivalent of what would be the
real property tax upon the land so occupied, if it were owned by the Grantee. If such
removal shall not be made within the time ordered hereinabove by this Agreement,
the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day
for each and every day the Temporary Encroachment is allowed to continue
thereafter and may collect such compensation and penalties in any manner provided
by law for the collection of local or state taxes.
January 24, 2012
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF PUBLIC RIGHT -
6 OF -WAY KNOWN AS OCEAN VIEW
7 AVENUE (CHESAPEAKE BEACH)
8 LOCATED AT THE REAR OF 5014
9 LAUDERDALE AVENUE, FOR
10 PROPERTY OWNERS KELSEY S.
11 STEWART AND L. JEAN STEWART
12
13 WHEREAS, Kelsey S. Stewart and L. Jean Stewart desire to construct and
14 maintain a proposed bulkhead (37.5LF), anchor piles (6' O.C.), and maintain an existing
15 walkway and stairs for beach access on a portion of public right-of-way known as
16 Ocean View Avenue (Chesapeake Beach), located at the rear of 5014 Lauderdale
17 Avenue, Virginia Beach, Virginia; and
18
19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
21 public rights-of-way subject to such terms and conditions as Council may prescribe.
22
23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Kelsey S. Stewart and L.
27 Jean Stewart, their heirs, assigns and successors in title are authorized to maintain
28 existing temporary encroachments for a proposed bulkhead (37.5LF), anchor piles (6'
29 O.C.), and maintain an existing walkway and stairs for beach access on a portion of City
30 property as shown on the map marked Exhibit "A" and entitled: "ENCROACHMENT
31 EXHIBIT "A" SCALE: 1" = 40' — 0" FOR KELSEY & JEAN STEWART 5014
32 LAUDERDALE AVENUE VIRGINIA BEACH, VA 23455," a copy of which is on file in the
33 Department of Public Works and to which reference is made for a more particular
34 description; and
35
36 BE IT FURTHER ORDAINED that the temporary encroachments are expressly
37 subject to those terms, conditions and criteria contained in the Agreement between the
38 City of Virginia Beach and Kelsey S. Stewart and L. Jean Stewart (the "Agreement"),
39 which is attached hereto and incorporated by reference; and
40
41 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is
42 hereby authorized to execute the Agreement; and
43
44 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such
45 time as Kelsey S. Stewart and L. Jean Stewart, and the City Manager or his authorized
46 designee execute the Agreement.
47
48
49
Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day
Of January , 2012.
CA -11968
R-1
PREPARED: 1/18/12
APPROVED AS TO CONTENTS
' C+ • �uliJ iiW�
IAALIC WORKS, REAL ESTATE
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
-wzlt�A
64AA4)
CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 13th day of January, 2012, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and KELSEY S. STEWART and L. JEAN
STEWART, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE, "Grantee", even though more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or
parcel of land designated and described as "Lot B in Block 19," as shown on that certain
plat entitled: "RESUBDIVISION OF LOT 14, 15, 16, 25, 26 and 27 BLOCK 19
CHESAPEAKE PARK, M. B. 6 P. 123 BAYSIDE BOROUGH VIRGINIA BEACH, VA.,
SCALE 1" = 20', 22 OCTOBER 1985, prepared by Gallup Surveyors & Engineers, Ltd."
and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia in Deed Book 2503, at page 290, and being further designated, known,
and described as 5014 Lauderdale Avenue, Virginia Beach, Virginia 23455 (the
"Property");
WHEREAS, it is proposed by the Grantee to construct and maintain a
proposed bulkhead (37.51-F) and anchor piles (6' O.C.), and maintain an existing
walkway and stairs, collectively, the "Temporary Encroachment", in the City of Virginia
Beach; and
GPIN'S: (UNIMPROVED CITY RIGHT-OF-WAY — KNOWN AS OCEAN VIEW
AVENUE - NO GPIN REQUIRED OR ASSIGNED)
1570-43-4162-0000; (5014 Lauderdale Avenue)
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
unimproved City right -of way known as Ocean View Avenue located at the rear of 5014
Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and
WHEREAS, pursuant to the local emergency declared by the City
Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N,
adopted September 6, 2011 (the "Emergency Declaration'), the Property is exempted
from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the
Proposed Bulkhead and Anchor Piles only; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled:
"ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR
KELSEY & JEAN STEWART 5014 LAUDERDALE AVENUE
VIRGINIA BEACH, VA 23455 DATE: 12/14/2011 SHEET
NO. 1 OF 1," a copy of which is attached hereto as Exhibit
"A" and to which reference is made for a more particular
description.
I?
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a building permit from the Department of Planning prior to commencing any construction
within the Encroachment Area (the "Permit").
3
It is further expressly understood and agreed that the Grantee must obtain
a Coastal Primary Sand Dune Permit from the Wetlands Board for any existing,
replacement, or proposed encroachment not exempted pursuant to the Emergency
Declaration or otherwise allowed under Section 1602 of the City Zoning Ordinance.
It is further expressly understood and agreed that the seaward extend of
the Temporary Encroachment shall not extend past the seaward toe of the sand dune.
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered professional engineer, if required
ki
by either the City Engineer's Office or the Engineering Division of the Public Utilities
Department.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Kelsey S. Stewart and L. Jean Stewart, the said
Grantees, have caused this Agreement to be executed by their signatures. Further, that
the City of Virginia Beach has caused this Agreement to be executed in its name and on
its behalf by its City Manager and its seal be hereunto affixed and attested by its City
Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2012, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
(SEAL)
The foregoing instrument was acknowledged before me this day of
, 2012, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
Notary Public
Notary Registration Number:
My Commission Expires:
6
(SEAL)
B )��
Kelsey)6. St rt, Owner
By Jean Stewart, Ow er
r
STATE OF
CITY/ o -wit:
The foregoi in trument was acknowledged before me this day of
2012, by Kelsey S. Stewart.
Notary Registration Number:
My Commission Expires:
Notary
JUDY REED
NOTARY PUBLIC
jit:uISTfiA ION # 193209
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
t hl; 30. 2013
r
STATE O
CITY/G0l T] Y F ms's` tv-wit:
The g strument was acknowledged before me this day of
2012, by L. Jean StewE
Notary Registration Number:
My Commission Expires: JUDY REED
NOTARY PUBLIC
EMRYIICOMMISSION
GISTRATION # 193209
ONWEALTH OF VIRGINIA
EXPIRES
DUNE 30, z013
(SEAL)
APPROVED AS TO CONTENTS
C %Sly
SIQxWATURE
Pb ll =ct^
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
ULAML�n awak6-1
DEBRA M. BRYAN,
ASSOCIATE CITY ATTORNEY
-___------------MLW- '-------------
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PROPOSED
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X033
AND STAIRS
BUFFER
(37.5LF)
LIMITS OFNDWARD
DISTURBANCE _
_ _----��
_ `�\\
50' LA
BUFFER
jl���-
TOE OF SAND PILES PLACED
---
BY CITY OF VIRGINIA BEACH,
OCEAN VIEW AVE
SURVEYED
2011
70' R/W - MB 6 PG 123 CONTRACTOR TO AVOID
29 SEPTEMBE, I
DAMAGE TO LIVE OAK TREE
SILT FENCE —
EXIST TOE OF SLOPE
LIMITS OF FILL
(ELEV.= 12.0)
CONTRACTOR TO REPAIR
WALKWAY AFTER
CONSTRUCTING TOE WALL
GRAPHIC SCALE
0 20 40 80
1 INCH = 40 FEET
AES f4 BRA 'Ef III
LIC_ NAa, 024305
;1100
1 10 i II S 64-09-15-
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(FORMERLY LAKE AVENUE)
50' R/W - MB 6 PG 123
ENCROACHMENT EXHIBIT "A" IN: VIRGINIA BEACH
J.W. BRAWLEY, PE AT:
P.O. BOX 7035 SCALE: 1" = 40'-0" CITY: VIRGINIA BEACH
WILLIAMSBURG, VIRGINIA 23188 FOR STATE: VIRGINIA
TEL. 757-645-6680 KELSEY & JEAN STEWART DATUM: NAVD88
5014 LAUDERDALE AVE DATE: 12/14/2011
VIRGINIA BEACH, VA 23455 1 SHEET NO. 1 OF 1
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-102 -
Items IV-K.10.c
ORDINANCES/RESOL UTIONS ITEM # 61587c
CHARLES O. STAINBACK at the rear of 5016 Lauderdale Avenue; subject to:
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach as well as the City's specifications and
approval.
2. Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity and Grantee shall bear all costs and expenses of such removal.
3. It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee and that within
thirty (30) days after the notice is given, the Temporary Encroachment must be
removed from the Encroachment Area by the Grantee and that the Grantee will bear
all costs and expenses of such removal.
4. It is further expressly understood and agreed that the Grantee shall indemnify, hold
harmless and defend the City, its agents and employees, from and against all claims,
damages, losses and expenses, including reasonable attorney's fees, in case it shall
be necessary to file or defend an action arising out of the construction, location or
existence of the Temporary Encroachment.
5. It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited
extent specified herein nor to permit the maintenance and construction of any
encroachment by anyone other than the Grantee.
6. It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
7. It is further expressly understood and agreed that the Grantee must obtain a building
permit from the Department of Planning prior to commencing any construction
within the Encroachment Area (the "Permit').
8. It is further expressly understood and agreed that the seaward extension of the
Temporary Encroachment shall not extend past the seaward toe of the sand dune.
9. It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than
$500,000.00, combined single limits of such insurance policy or policies. The
Grantee will provide endorsements with at least thirty (30) days written notice to the
City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location and/or existence of the
Temporary Encroachment.
January 24, 2012
-103 -
Items IV-K.10.c
ORDINANCESIRESOLUTIONS ITEM# 61587c (Continued)
10. It is further expressly understood and agreed that the Temporary Encroachment must
conform to the minimum setback requirements as established by the City.
11. It is further expressly understood and agreed that the Grantee must submit, for
review and approval, a survey of the Encroachment Area, certified by a Registered
Professional Engineer or a Licensed Land Surveyor and/or "as built" plans of the
Temporary Encroachment sealed by a Registered Professional Engineer, if required
by either the City Engineer's Office or the Engineering Division of the Public
Utilities Department.
12. It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and
charge the cost thereof to the Grantee and collect the cost in any manner provided by
law for the collection of local or state taxes, may require the Grantee to remove the
Temporary Encroachment and, pending such removal, the City may charge the
Grantee for the use of the Encroachment Area the equivalent of what would be the
real property tax upon the land so occupied, if it were owned by the Grantee. If such
removal shall not be made within the time ordered hereinabove by this Agreement,
the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day
for each and every day the Temporary Encroachment is allowed to continue
thereafter and may collect such compensation and penalties in any manner provided
by law for the collection of local or state taxes.
January 24, 2012
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF PUBLIC RIGHT -
6 OF -WAY KNOWN AS OCEAN VIEW
7 AVENUE (CHESAPEAKE BEACH)
8 LOCATED AT THE REAR OF 5016
9 LAUDERDALE AVENUE, FOR
10 PROPERTY OWNER CHARLES O.
11 STAINBACK
12
13 WHEREAS, Charles O. Stainback desires to construct and maintain a proposed
14 bulkhead (37.5LF), and anchor piles (6' O.C.) on a portion of public right-of-way known
15 as Ocean View Avenue (Chesapeake Beach), located at the rear of 5016 Lauderdale
16 Avenue, Virginia Beach, Virginia; and
17
18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
20 public rights-of-way subject to such terms and conditions as Council may prescribe.
21
22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Charles O. Stainback, his
26 heirs, assigns and successors in title are authorized to maintain existing temporary
27 encroachments for a proposed bulkhead (37.5LF), and anchor piles (6' O.C.) on a
28 portion of City property as shown on the map marked Exhibit "A" and entitled:
29 "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR CHARLES O. STAINBACK
30 & JOAN P. STAINBACK 5016 LAUDERDALE AVE VIRGINIA BEACH, VA 23455," a
31 copy of which is on file in the Department of Public Works and to which reference is
32 made for a more particular description; and
33
34 BE IT FURTHER ORDAINED that the temporary encroachments are expressly
35 subject to those terms, conditions and criteria contained in the Agreement between the
36 City of Virginia Beach and Charles O. Stainback (the "Agreement"), which is attached
37 hereto and incorporated by reference; and
38
39 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is
4o hereby authorized to execute the Agreement; and
41
42 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such
43 time as Charles O. Stainback and the City Manager or his authorized designee execute
44 the Agreement.
45
46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day
47 Of January , 2012.
CA -11969
R-1
PREPARED: 1/18/12
APPROVED AS TO CONTENTS
Cr C - cy�"
PLWLIC WORKS, REAL ESTATE
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 17th day of January, 2012, by and
between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and CHARLES O. STAINBACK, HIS
HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than
one. JOAN P. STAINBACK having departed this life on January 31, 2011, the property
referred to herein vested in CHARLES O. STAINBACK, as survivor of the tenancy by
the entirety with rights of survivorship as at common law.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or
parcel of land designated and described as "Lot A in Block 19," as shown on that certain
plat entitled: "RESUBDIVISION OF LOT 14, 15, 16, 25, 26, and 27 BLOCK 19
CHESAPEAKE PARK M. B. 6 P. 123 BAYSIDE BOROUGH VIRGINIA BEACH, VA.
SCALE: 1" = 20' 22 OCTOBER 1985, prepared by Gallup Surveyors & Engineers, Ltd.,"
and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia in Deed Book 2503, at page 290, and being further designated, known,
and described as 5016 Lauderdale Avenue, Virginia Beach, Virginia 23455 (the
"Property");
GPIN'S: (UNIMPROVED CITY RIGHT OF WAY — KNOWN AS OCEAN VIEW
AVENUE - NO GPIN REQUIRED OR ASSIGNED)
1570-43-4124-0000; (5016 Lauderdale Avenue)
WHEREAS, it is proposed by the Grantee to construct and maintain a
proposed bulkhead (37.5LF), and anchor piles (6' O.C.), collectively, the "Temporary
Encroachment", in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
unimproved City right -of way known as Ocean View Avenue located at the rear of 5016
Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and
WHEREAS, pursuant to the local emergency declared by the City
Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N,
adopted September 6, 2011 (the "Emergency Declaration"), the Property is exempted
from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the
Proposed Bulkhead and Anchor Piles only; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled:
0j
"ENCROACHMENT EXHIBIT "A" SCALE: V = 40'— 0" FOR
CHARLES O. STAINBACK & JOAN P. STAINBACK 5016
LAUDERDALE AVE VIRGINIA BEACH, VA 23455 DATE:
12/14/2011 SHEET NO. 1 OF 1," a copy of which is attached
hereto as Exhibit "A" and to which reference is made for a
more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
3
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a building permit from the Department of Planning prior to commencing any construction
within the Encroachment Area (the "Permit").
It is further expressly understood and agreed that the seaward extend of
the Temporary Encroachment shall not extend past the seaward toe of the sand dune.
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered professional engineer, if required
0
by either the City Engineer's Office or the Engineering Division of the Public Utilities
Department.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Charles O. Stainback, the said Grantee, has
caused this Agreement to be executed by his signature. Further, that the City of Virginia
Beach has caused this Agreement to be executed in its name and on its behalf by its
City Manager and its seal be hereunto affixed and attested by its City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2012, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
(SEAL)
The foregoing instrument was acknowledged before me this day of
, 2012, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
Notary Registration Number:
My Commission Expires:
C
Notary Public
(SEAL)
harles O. Stain ack, Owner
STATE OF
CITY/COUNTY _�2/4 -- to -wit:
The foregoing instrument was acknowledged before me this 17 day of
2012, by Charles O
Stainback.
I -ori T. Klinelei4er
Notary Registration Number: NOTARY PUBLIC
Flo,. # 7176179
My Commission Expires: t" GoIrg ;ission Ex.0ir63 650/201
APPROVED AS TO CONTENTS
S)Qan�,Y C � a,,!A)e4(Y,
SI ATURE
D PARTMENT
7
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
DEBRA M. BRYAN,
ASSOCIATE CITY ATTORNEY
3s YT ld}
i/fr ,pip
LIMITS OF FILL
(ELEV.= 12.0)
GRAPHIC SCALE
0 20 40 80
I I I
1 INCH = 40 FEET
JAES Vii, BRdWLEY II{
LIC: Na024306
Z`N
:0iklAlr
PROPOSED
Lot X Lot A BULKHEAD
(37.5LF)
Ln 't
O r N
g
-- _ --- __-- - 100' VARIABLE
1
w
�o
0
�4 N Lot Y Lot
N
z
J.W. BRAWLEY, PE
P.O. BOX 7035
WILLIAMSBURG, VIRGINIA 23188
TEL. 757-645-6680
L
0
O
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MI:
OIr
� z
c�
50.00' 37.50''
S 64'09'15" E
ENCROACHMENT EXHIBIT "A"
SCALE: 1" = 40'-0"
FOR
CHARLES 0. STAINBACK &
JOAN P. STAINBACK
5016 LAUDERDALE AVE
VIRGINIA BEACH, VA 23455
WIDTH BUFFER
LAUDERDALE
AVENUE
(FORMERLY LAKE AVENUE)
50' R/W - MB 6 PG 123
IN: VIRGINIA BEACH
AT:
CITY: VIRGINIA BEACH
STATE: VIRGINIA
DATUM: NAVD88
DATE: 12/14/2011
SHEET NO. 1 OF 1
-------IMHW-
B
MEAN LOW WATER (-1.57 NAVD88) -- yaw__ ---'
C
G��
MHW
J
CHES_APEA
MEANHIGH WATER (+0.98 NAVD88)
SEAWARD
BUFFER
0000
0044 50' LANDWARD
3
BUFFER
LIMITS OF
r
DISTURBANCE
-77---
TOE OF SAND PILES PLACED
TOE
OCEAN VIEW
AVE
BY CITY OF VIRGINIA BEACH,
- -30'
_ 70' R/W - MB s Pc
123
SURVEYED
_'.
..............
29 SEPTEMBER, 2011-
•�
SILT FENCE
EXIST TOE OF SLOPE
PROPOSED
_
10'
I ANCHOR PILES
s 64'09'15"1E
37.50'
. _ _ _ .. O 6 O.C.
50.00'
LIMITS OF FILL
(ELEV.= 12.0)
GRAPHIC SCALE
0 20 40 80
I I I
1 INCH = 40 FEET
JAES Vii, BRdWLEY II{
LIC: Na024306
Z`N
:0iklAlr
PROPOSED
Lot X Lot A BULKHEAD
(37.5LF)
Ln 't
O r N
g
-- _ --- __-- - 100' VARIABLE
1
w
�o
0
�4 N Lot Y Lot
N
z
J.W. BRAWLEY, PE
P.O. BOX 7035
WILLIAMSBURG, VIRGINIA 23188
TEL. 757-645-6680
L
0
O
Ur7
MI:
OIr
� z
c�
50.00' 37.50''
S 64'09'15" E
ENCROACHMENT EXHIBIT "A"
SCALE: 1" = 40'-0"
FOR
CHARLES 0. STAINBACK &
JOAN P. STAINBACK
5016 LAUDERDALE AVE
VIRGINIA BEACH, VA 23455
WIDTH BUFFER
LAUDERDALE
AVENUE
(FORMERLY LAKE AVENUE)
50' R/W - MB 6 PG 123
IN: VIRGINIA BEACH
AT:
CITY: VIRGINIA BEACH
STATE: VIRGINIA
DATUM: NAVD88
DATE: 12/14/2011
SHEET NO. 1 OF 1
UJ z W
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IL IL
-104 -
Items IV-K.10.d
ORDINANCES/RESOLUTIONS ITEM# 61587d
d. ELIZABETH STUART SCHULLER at the rear of 5022 Lauderdale Avenue, subject to:
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach as well as the City's specifications and
approval.
2. Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity and Grantee shall bear all costs and expenses of such removal.
3. It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee and, that within
thirty (30) days after the notice is given, the Temporary Encroachment must be
removed from the Encroachment Area by the Grantee and that the Grantee will bear
all costs and expenses of such removal.
4. It is further expressly understood and agreed that the Grantee shall indemnify, hold
harmless and defend the City, its agents and employees, from and against all claims,
damages, losses and expenses, including reasonable attorney's fees, in case it shall
be necessary to file or defend an action arising out of the construction, location or
existence of the Temporary Encroachment.
5. It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited
extent specified herein nor to permit the maintenance and construction of any
encroachment by anyone other than the Grantee.
6. It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
7. It is further expressly understood and agreed that the Grantee must obtain a building
permit from the Department of Planning prior to commencing any construction
within the Encroachment Area (the "Permit').
8. It is further expressly understood and agreed that the seaward extension of the
Temporary Encroachment shall not extend past the seaward toe of the sand dune.
9. It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than
$500,000.00, combined single limits of such insurance policy or policies. The
Grantee will provide endorsements with at least thirty (30) days written notice to the
City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location and/or existence of the
Temporary Encroachment.
January 24, 2012
-105 -
Items IV-K.IO.d
ORDINANCES/RESOLUTIONS ITEM # 6158V (Continued)
10. It is further expressly understood and agreed that the Temporary Encroachment must
conform to the minimum setback requirements as established by the City.
11. It is further expressly understood and agreed that the Grantee must submit for review
and approval a survey of the Encroachment Area certified by a Registered
Professional Engineer or a Licensed Land Surveyor and/or "as built" plans of the
Temporary Encroachment sealed by a Registered Professional Engineer, if required
by either the City Engineer's Office or the Engineering Division of the Public
Utilities Department.
12. It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and
charge the cost thereof to the Grantee and collect the cost in any manner provided by
law for the collection of local or state taxes, may require the Grantee to remove the
Temporary Encroachment and pending such removal, the City may charge the
Grantee for the use of the Encroachment Area, the equivalent of what would be the
real property tax upon the land so occupied if it were owned by the Grantee. If such
removal shall not be made within the time ordered hereinabove by this Agreement,
the City may impose a penalty in the sum of One Hundred Dollars (V00.00) per day
for each and every day the Temporary Encroachment is allowed to continue
thereafter and may collect such compensation and penalties in any manner provided
by law for the collection of local or state taxes.
January 24, 2012
1 Requested by Department of Public Works
2
3
AN ORDINANCE TO AUTHORIZE
4
TEMPORARY ENCROACHMENTS
5
INTO A PORTION OF PUBLIC RIGHT -
6
OF -WAY KNOWN AS OCEAN VIEW
7
AVENUE (CHESAPEAKE BEACH)
8
LOCATED AT THE REAR OF 5022
9
LAUDERDALE AVENUE, FOR
to
PROPERTY OWNER ELIZABETH
11
STUART SCHULLER, SUCCESSOR
12
TRUSTEE OF THE JOAN P.
13
STAINBACK FAMILY TRUST,
14
ESTABLISHED ON JANUARY 31, 2011
15
16 WHEREAS, Elizabeth Stuart Schuller, Successor Trustee of the Joan P.
17 Stainback Family Trust, established on January 31, 2011, desires to construct and
18 maintain a proposed bulkhead (50LF), and anchor piles (6' O.C.) on a portion of public
19 right-of-way known as Ocean View Avenue (Chesapeake Beach), located at the rear of
2o 5022 Lauderdale Avenue, Virginia Beach, Virginia; and
21
22 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
23 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
24 public rights-of-way subject to such terms and conditions as Council may prescribe.
25
26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Elizabeth Stuart Schuller,
30 Successor Trustee of the Joan P. Stainback Family Trust, established on January 31,
31 2011, (the "Trust"), its assigns and successors in title are authorized to maintain
32 existing temporary encroachments for a proposed bulkhead (50LF), and anchor piles (6'
33 O.C.) on a portion of City property as shown on the map marked Exhibit "A" and
34 entitled: "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40' — 0" FOR JOAN P.
35 STAINBACK FAMILY TRUST 5022 LAUDERDALE AVE VIRGINIA BEACH, VA 23455,"
36 a copy of which is on file in the Department of Public Works and to which reference is
37 made for a more particular description; and
38
39 BE IT FURTHER ORDAINED that the temporary encroachments are expressly
40 subject to those terms, conditions and criteria contained in the Agreement between the
41 City of Virginia Beach and the Trust (the "Agreement"), which is attached hereto and
42 incorporated by reference; and
43
44 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is
45 hereby authorized to execute the Agreement; and
46
47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
48 time as Elizabeth Stuart Schuller, Successor Trustee, and the City Manager or his
49 authorized designee execute the Agreement.
50
51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day
52 Of January , 2012.
CA -11970
R-1
PREPARED: 1/18/12
APPROVED AS TO CONTENTS
S"kTj' C'G 1 '�-As
P LIC WORKS, REAL ESTATE
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 17th day of January, 2012, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and ELIZABETH STUART SCHULLER,
Successor Trustee of the Joan P. Stainback Family Trust, established on January
31, 2011, and ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more
than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or
parcel of land designated and described as "Lot X in Block 19," as shown on that certain
plat entitled: "RESUBDIVISION OF PROPERTY LOTS 12, 13, 28 & 29 BLOCK 19
CHESAPEAKE PARK M.B. 6 P. 123, BAYSIDE BOROUGH VIRGINIA BEACH, VA.
SCALE: 1" = 20' 30 AUGUST 1988, prepared by Gallup Surveyors & Engineers, Ltd.,"
and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia in Deed Book 2785, at page 1365, and being further designated, known,
and described as 5022 Lauderdale Avenue, Virginia Beach, Virginia 23455 (the
"Property");
WHEREAS, it is proposed by the Grantee to construct and maintain a
proposed bulkhead (501-F), and anchor piles (6' O.C.), collectively, the "Temporary
Encroachment", in the City of Virginia Beach; and
GPIN'S: (UNIMPROVED CITY RIGHT-OF-WAY — KNOWN AS OCEAN VIEW
AVENUE - NO GPIN REQUIRED OR ASSIGNED)
1570-43-3175-0000; (5022 Lauderdale Avenue)
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
unimproved City right -of way known as Ocean View Avenue located at the rear of 5022
Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and
WHEREAS, pursuant to the local emergency declared by the City
Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N,
adopted September 6, 2011 (the "Emergency Declaration'), the Property is exempted
from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the
Proposed Bulkhead and Anchor Piles only; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled:
"ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR
JOAN P. STAINBACK FAMILY TRUST 5022 LAUDERDALE
AVE VIRGINIA BEACH, VA 23455 DATE: 12/14/2011
SHEET NO. 1 OF 1," a copy of which is attached hereto as
Exhibit "A" and to which reference is made for a more
particular description.
2
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a building permit from the Department of Planning prior to commencing any construction
within the Encroachment Area (the "Permit").
t,
It is further expressly understood and agreed that the seaward extend of
the Temporary Encroachment shall not extend past the seaward toe of the sand dune.
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered professional engineer, if required
by either the City Engineer's Office or the Engineering Division of the Public Utilities
Department.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
M
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Elizabeth Stuart Schuller, Successor Trustee of
the Joan P. Stainback Family Trust, established on January 31, 2011, the said Grantee,
has caused this Agreement to be executed by her signature pursuant to due authority.
Further, that the City of Virginia Beach has caused this Agreement to be executed in its
name and on its behalf by its City Manager and its seal be hereunto affixed and attested
by its City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2012, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
(SEAL)
The foregoing instrument was acknowledged before me this day of
, 2012, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
Notary Registration Number:
My Commission Expires:
CI
Notary Public
(SEAL)
Elizabeth Stuart Schuller, Successor
Trustee of the Joan P. Stainback
Family Trust, established on January
31, 2011
STATE OF
CITY/COUNTY Old , to -wit:
The foregoing instrument was acknowledged before me this day of
2012, by Elizabeth Stuart Schuller, Successor Trustee of the Joan
Stainback Family Trust, established on January 31, 2011.
1
Notary Public tom:• ;"
Lori T. KNnefeltet
Notary Registration Number: NOTARY Puel.l
Commonwealth of Virginia
My Commission Expires: Reg. # 7176179
My Germmi2siun Exitm
APPROVED AS TO CONTENTS
�i�' C.
SI NATURE
DEPARTMENT
7
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
khhu�� ay
DEBRA M. BRYAN,
ASSOCIATE CITY ATTORNEY
__------------ MLW -
MEAN LOW WATER (-1.57 NAVD88)
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MEAN HIGH WATER (+0.98 NAVD88)
0200
PROPOSED 3 3
BULKHEAD
(50 O ^ M
,1
LIMITS OF
DISTURBANCE _
TOE OF SAND PILES PLACED
BY CITY OF VIRGINIA BEACH, 30'
SURVEYED _.
29 SEPTEMBER, 2011
i
EXIST TOE OF SLOPE
— I
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LIMITS OF FILL
(ELEV.= 12.0)
PROPOSED -
ANCHOR PILES ,
O 6' O.C.
50' SEAWARD
BUFFER
50' LANDWARD
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-106-
Items
106-
Items IV-K.10.e
ORDINANCES/RESOLUTIONS ITEM # 61587e
e. ANDREW M. FISCHER at the rear of 5026 Lauderdale Avenue; subject to:
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach as well as the City's specifications and
approval.
2. Providing however, nothing herein shall prohibit the City from immediately removing
or ordering the Grantee to remove, all or any part of, the Temporary Encroachment
from the Encroachment Area in the event of an emergency or public necessity and
Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee and that within
thirty (30) days after the notice is given, the Temporary Encroachment must be
removed from the Encroachment Area by the Grantee and that the Grantee will bear
all costs and expenses of such removal.
4. It is further expressly understood and agreed that the Grantee shall indemnify, hold
harmless and defend the City, its agents and employees, from and against all claims,
damages, losses and expenses, including reasonable attorney's fees, in case it shall
be necessary to file or defend an action arising out of the construction, location or
existence of the Temporary Encroachment.
5. It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited
extent specified herein nor to permit the maintenance and construction of any
encroachment by anyone other than the Grantee.
6. It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain a building
permit from the Department of Planning prior to commencing any construction
within the Encroachment Area (the "Permit').
8. It is further expressly understood and agreed that the Grantee must obtain a Coastal
Primary Sand Dune Permit from the Wetlands Board for any existing, replacement or
proposed encroachment not exempted pursuant to the Emergency Declaration or
otherwise allowed under Section 1602 of the City Zoning Ordinance.
9. It is further expressly understood and agreed that the seaward extension of the
Temporary Encroachment shall not extend past the seaward toe of the sand dune.
10. It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than
$500,000.00, combined single limits of such insurance policy or policies. The
January 24, 2012
-107 -
Items IV-K.10.e
ORDINANCES/RESOLUTIONS ITEM # 61587e (Continued)
Grantee will provide endorsements with at least thirty (30) days written notice to the
City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location, and/or existence of the
Temporary Encroachment.
11. It is further expressly understood and agreed that the Temporary Encroachment must
conform to the minimum setback requirements as established by the City.
12. It is further expressly understood and agreed that the Grantee must submit, for
review and approval, a survey of the Encroachment Area certified by a Registered
Professional Engineer or a Licensed Land Surveyor and/or "as built" plans of the
Temporary Encroachment sealed by a Registered Professional Engineer, if required
by either the City Engineer's Office or the Engineering Division of the Public
Utilities Department.
13. It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and
charge the cost thereof to the Grantee and collect the cost in any manner provided by
law for the collection of local or state taxes, may require the Grantee to remove the
Temporary Encroachment and, pending such removal, the City may charge the
Grantee for the use of the Encroachment Area, the equivalent of what would be the
real property tax upon the land so occupied if it were owned by the Grantee. If such
removal shall not be made within the time ordered hereinabove by this Agreement,
the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day
for each and every day the Temporary Encroachment is allowed to continue
thereafter and may collect such compensation and penalties in any manner provided
by law for the collection of local or state taxes.
January 24, 2012
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF PUBLIC RIGHT -
6 OF -WAY KNOWN AS OCEAN VIEW
7 AVENUE (CHESAPEAKE BEACH)
8 LOCATED AT THE REAR OF 5026
9 LAUDERDALE AVENUE, FOR
10 PROPERTY OWNER ANDREW M.
11 FISCHER
12
13 WHEREAS, Andrew M. Fischer, desires to construct and maintain a proposed
14 bulkhead (50LF), anchor piles (6' O.C.), beach access stairs (4' X 13'), landing platform
15 (5' X 10'), and a timber walkway (4' X 10') for beach access, and maintain an existing
16 deck on a portion of public right-of-way known as Ocean View Avenue (Chesapeake
17 Beach), located at the rear of 5026 Lauderdale Avenue, Virginia Beach, Virginia; and
is
19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
21 public rights-of-way subject to such terms and conditions as Council may prescribe.
22
23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Andrew M. Fischer, his heirs,
27 assigns and successors in title are authorized to maintain existing temporary
28 encroachments for a proposed bulkhead (50LF), anchor piles (6' O.C.), beach access
29 stairs (4' X 13'), landing platform (5' X 10'), and a timber walkway (4' X 10') for beach
3o access, and maintain an existing deck on a portion of City property as shown on the
31 map marked Exhibit "A" and entitled: "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'
32 - 0" FOR ANDREW M. FISCHER 5026 LAUDERDALE AVE VIRGINIA BEACH, VA
33 23455," a copy of which is on file in the Department of Public Works and to which
34 reference is made for a more particular description; and
35
36 BE IT FURTHER ORDAINED that the temporary encroachments are expressly
37 subject to those terms, conditions and criteria contained in the Agreement between the
38 City of Virginia Beach and Andrew M. Fischer (the "Agreement"), which is attached
39 hereto and incorporated by reference; and
40
41 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is
42 hereby authorized to execute the Agreement; and
43
44 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such
45 time as Andrew M. Fischer and the City Manager or his authorized designee execute
46 the Agreement.
47
48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day
49 of January , 2012.
CA -11972
R-1
PREPARED: 1/18/12
APPROVED AS TO CONTENTS
PU9LIC WORKS, REAL ESTATE
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
a P Y= � m d
CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 13th day of January, 2012, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and ANDREW M. FISCHER, HIS HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of those certain lots, tracts, or
parcels of land designated and described as "Lots 10 and 11 in Block 19," as shown on
that certain plat entitled: " CHESAPEAKE PARK Property of LYNNHAVEN REALTY
CORPORATION 319-321 Seaboard Bank Bldg. NORFOLK, VA. Scale 1 inch = 200 ft.
C. F. PETRIE, C.E., NORFOLK, VA. May 1910" and "CHESAPEAKE PARK PRINCESS
ANNE CO, VA. Scale 1" = 200 ft. Amended Plat made from Blueprint, with certain
changes for A. M. Ward, Oct. 14t", 1919, C. F. PETRIE, C.E.," and said plats are
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia
in Map Book 4, at page 47 and in Map Book 6, at page 123, respectively, and being
further designated, known, and described as 5026 Lauderdale Avenue, Virginia Beach,
Virginia 23455 (the "Property");
WHEREAS, it is proposed by the Grantee to construct and maintain a
proposed bulkhead (501-F), anchor piles (6' O.C.), beach access stairs (4' X 13'),
landing platform (5' X 10'), and a timber walkway (4' X 10'), and maintain an existing
deck, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and
GPIN'S: (UNIMPROVED CITY RIGHT-OF-WAY — KNOWN AS OCEAN VIEW
AVENUE - NO GPIN REQUIRED OR ASSIGNED)
1570-43-3138-0000; (5026 Lauderdale Avenue)
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
unimproved City right -of way known as Ocean View Avenue located at the rear of 5026
Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and
WHEREAS, pursuant to the local emergency declared by the City
Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N,
adopted September 6, 2011 (the "Emergency Declaration'), the Property is exempted
from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the
Proposed Bulkhead and Anchor Piles only; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled:
"ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR
ANDREW M. FISCHER 5026 LAUDERDALE AVE VIRGINIA
BEACH, VA 23455 DATE: 12/14/2011 SHEET NO. 1 OF 1,"
a copy of which is attached hereto as Exhibit "A" and to
which reference is made for a more particular description.
2
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a building permit from the Department of Planning prior to commencing any construction
within the Encroachment Area (the "Permit").
3
It is further expressly understood and agreed that the Grantee must obtain
a Coastal Primary Sand Dune Permit from the Wetlands Board for any existing,
replacement, or proposed encroachment not exempted pursuant to the Emergency
Declaration or otherwise allowed under Section 1602 of the City Zoning Ordinance.
It is further expressly understood and agreed that the seaward extend of
the Temporary Encroachment shall not extend past the seaward toe of the sand dune.
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered professional engineer, if required
0
by either the City Engineer's Office or the Engineering Division of the Public Utilities
Department.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Andrew M. Fischer, the said Grantee, has
caused this Agreement to be executed by his signature. Further, that the City of Virginia
Beach has caused this Agreement to be executed in its name and on its behalf by its
City Manager and its seal be hereunto affixed and attested by its City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
E
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2012, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
(SEAL)
The foregoing instrument was acknowledged before me this day of
, 2012, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
Notary Registration Number:
My Commission Expires:
C$1
Notary Public
(SEAL)
By —
Andrew M. Fisher, Owner
STATE OF Viroiqcx
CITY/COUNTY O , to -wit:
The foregoing instrument was acknowledged before me this hday of
2012, by Andrew M. Fisher.
AjaM I AL)
o ary Public
Common of
`701 p S� _ �nA*F4dWdw-
Notary Registration Number: NftyPuW
CWrWWN M No. 72eem
='�*w�',,•.r►�,.=' �k► Commiaton Expiro� t?l3trl�of� ,
My Commission Expires: c�Q)
APPROVED AS TO CONTENTS
C1£ C' C7 GtwG�
SIMATURE
P10 kt:rj Er;tt
DEPARTMENT
7
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
I&Atk Iff/ azc
DEBRA M. BRYAN,
ASSOCIATE CITY ATTORNEY
MEAN LOW WATER (-1.57 NAVD88) O
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LIMITS OF
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---
70' R/W - MB 6 PG 123 STAIRS
/ (4!xl3)
TOE OF SAND PILES PLACED
BY CITY OF VIRGINIA BEACH, _
SURVEYED '
29 SEPTEMBER, 2011
\ — /..
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WILLIAMSBURG, VIRGINIA 23188
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RGINIA BEACH, VA 23455
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RGINIA BEACH, VA 23455
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(FORMERLY LAKE AVENUE)
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IN: VIRGINIA BEACH
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-108 -
Items IV-K10.f
ORDINANCES/RESOLUTIONS ITEM # 61587f
f. GEORGE E. and JANET GONZALEZ at the rear of 5030 Lauderdale Avenue; subject to:
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach as well as the City's specifications and
approval.
2. Providing however, nothing herein shall prohibit the City from immediately removing
or ordering the Grantee to remove, all or any part of, the Temporary Encroachment
from the Encroachment Area in the event of an emergency or public necessity and
Grantee shall bear all costs and expenses of such removal.
3. It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee and that within
thirty (30) days after the notice is given, the Temporary Encroachment must be
removed from the Encroachment Area by the Grantee and that the Grantee will bear
all costs and expenses of such removal.
4. It is further expressly understood and agreed that the Grantee shall indemnify, hold
harmless and defend the City, its agents and employees, from and against all claims,
damages, losses and expenses, including reasonable attorney's fees, in case it shall
be necessary to file or defend an action arising out of the construction, location or
existence of the Temporary Encroachment.
5. It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited
extent specified herein nor to permit the maintenance and construction of any
encroachment by anyone other than the Grantee.
6. It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain a building
permit from the Department of Planning prior to commencing any construction
within the Encroachment Area (the "Permit').
8. It is further expressly understood and agreed that the Grantee must obtain a Coastal
Primary Sand Dune Permit from the Wetlands Board for any existing, replacement or
proposed encroachment not exempted pursuant to the Emergency Declaration or
otherwise allowed under Section 1602 of the City Zoning Ordinance.
9. It is further expressly understood and agreed that the seaward extension of the
Temporary Encroachment shall not extend past the seaward toe of the sand dune.
10. It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than
$500,000-00, combined single limits of such insurance policy or policies. The
Grantee will provide endorsements with at least thirty (30) days written notice to the
January 24, 2012
-109 -
Items
109 -
Items IV-KIO.f
ORDINANCES/RESOLUTIONS ITEM # 61587f (Continued)
City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location and/or existence of the
Temporary Encroachment.
11. It is further expressly understood and agreed that the Temporary Encroachment must
conform to the minimum setback requirements as established by the City.
12. It is further expressly understood and agreed that the Grantee must submit, for
review and approval, a survey of the Encroachment Area certified by a Registered
Professional Engineer or a Licensed Land Surveyor and/or "as built" plans of the
Temporary Encroachment sealed by a Registered Professional Engineer, if required
by either the City Engineer's Office or the Engineering Division of the Public
Utilities Department.
13. It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and
charge the cost thereof to the Grantee and collect the cost in any manner provided by
law for the collection of local or state taxes, may require the Grantee to remove the
Temporary Encroachment and, pending such removal, the City may charge the
Grantee for the use of the Encroachment Area, the equivalent of what would be the
real property tax upon the land so occupied if it were owned by the Grantee. If such
removal shall not be made within the time ordered hereinabove by this Agreement,
the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day
for each and every day the Temporary Encroachment is allowed to continue
thereafter and may collect such compensation and penalties in any manner provided
by law for the collection of local or state taxes.
January 24, 2012
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF PUBLIC RIGHT -
6 OF -WAY KNOWN AS OCEAN VIEW
7 AVENUE (CHESAPEAKE BEACH)
8 LOCATED AT THE REAR OF 5030
9 LAUDERDALE AVENUE, FOR
10 PROPERTY OWNERS GEORGE E.
11 GONZALEZ AND JANET GONZALEZ
12
13 WHEREAS, George E. Gonzalez and Janet Gonzalez, desire to construct and
14 maintain a proposed bulkhead (75LF), anchor piles (6' O.C.), replacement stairs (4' X
15 13'), a replacement deck (34'X 16), and maintain an existing deck for beach access on
16 a portion of public right-of-way known as Ocean View Avenue (Chesapeake Beach),
17 located at the rear of 5030 Lauderdale Avenue, Virginia Beach, Virginia; and
18
19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
21 public rights-of-way subject to such terms and conditions as Council may prescribe.
22
23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, George E. Gonzalez and
27 Janet Gonzalez, their heirs, assigns and successors in title are authorized to maintain
28 existing temporary encroachments for a proposed bulkhead (75LF), anchor piles (6'
29 O.C.), replacement stairs (4' X 13'), a replacement deck (34' X 15), and maintain an
3o existing deck for beach access on a portion of City property as shown on the map
31 marked Exhibit "A" and entitled: "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0"
32 FOR GEORGE & JANET GONZALEZ 5030 LAUDERDALE AVE VIRGINIA BEACH, VA
33 23455," a copy of which is on file in the Department of Public Works and to which
34 reference is made for a more particular description; and
35
36 BE IT FURTHER ORDAINED that the temporary encroachments are expressly
37 subject to those terms, conditions and criteria contained in the Agreement between the
38 City of Virginia Beach and George E. Gonzalez and Janet Gonzalez (the "Agreement"),
39 which is attached hereto and incorporated by reference; and
40
41 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is
42 hereby authorized to execute the Agreement; and
43
44 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such
45 time as George E. Gonzalez and Janet Gonzalez and the City Manager or his
46 authorized designee execute the Agreement.
47
48
49
Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day
Of La ,,,, a r—y 2012.
CA -11973
R-1
PREPARED: 1/18/12
APPROVED AS TO CONTENTS
!�Omy c -8�-t4�
PQ3JIC WORKS, REAL ESTATE
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
dat,c` -'
CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 13th day of January, 2012, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and GEORGE E. GONZALEZ and JANET
GONZALEZ, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE, "Grantee", even though more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of those certain lots, tracts, or
parcels of land designated and described as "Lots 7, 8, 9 and the eastern 25 ft. of Lot
34 in Block 19," as shown on that certain plat entitled: " CHESAPEAKE PARK Property
of LYNNHAVEN REALTY CORPORATION 319-321 Seaboard Bank Bldg. NORFOLK,
VA. Scale 1 inch = 200 ft. C. F. PETRIE, C.E., NORFOLK, VA. May 1910" and
"CHESAPEAKE PARK PRINCESS ANNE CO, VA. Scale 1" = 200 ft. Amended Plat
made from Blueprint, with certain changes for A. M. Ward, Oct. 14th, 1919, C. F.
PETRIE, C.E.," and said plats are recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia in Map Book 4, at page 47 and in Map Book 6, at
page 123, respectively, and being further designated, known, and described as 5030
Lauderdale Avenue, Virginia Beach, Virginia 23455 (the "Property");
GPIN'S: (UNIMPROVED CITY RIGHT-OF-WAY — KNOWN AS OCEAN VIEW
AVENUE - NO GPIN REQUIRED OR ASSIGNED)
1570-43-2281-0000; (5030 Lauderdale Avenue)
WHEREAS, it is proposed by the Grantee to construct and maintain a
proposed bulkhead (751-17), anchor piles (6' O.C.), replacement stairs (4' X 13'), a
replacement deck (34' X 15), and maintain an existing deck, collectively, the
"Temporary Encroachment", in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
unimproved City right -of way known as Ocean View Avenue located at the rear of 5030
Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and
WHEREAS, pursuant to the local emergency declared by the City
Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N,
adopted September 6, 2011 (the "Emergency Declaration'), the Property is exempted
from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the
Proposed Bulkhead and Anchor Piles only; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
2
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled:
"ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR
GEORGE & JANET GONZALEZ 5030 LAUDERDALE AVE
VIRGINIA BEACH, VA 23455 DATE: 12/14/2011 SHEET
NO. 1 OF 1," a copy of which is attached hereto as Exhibit
"A" and to which reference is made for a more particular
description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
3
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a building permit from the Department of Planning prior to commencing any construction
within the Encroachment Area (the "Permit").
It is further expressly understood and agreed that the Grantee must obtain
a Coastal Primary Sand Dune Permit from the Wetlands Board for any existing,
replacement, or proposed encroachment not exempted pursuant to the Emergency
Declaration or otherwise allowed under Section 1602 of the City Zoning Ordinance.
It is further expressly understood and agreed that the seaward extend of
the Temporary Encroachment shall not extend past the seaward toe of the sand dune.
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
11
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered professional engineer, if required
by either the City Engineer's Office or the Engineering Division of the Public Utilities
Department.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes, may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, George E. Gonzalez and Janet Gonzalez, the
said Grantees, have caused this Agreement to be executed by their signatures. Further,
that the City of Virginia Beach has caused this Agreement to be executed in its name
and on its behalf by its City Manager and its seal be hereunto affixed and attested by its
City Clerk.
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2012, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
(SEAL)
The foregoing instrument was acknowledged before me this day of
, 2012, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
Notary Registration Number:
My Commission Expires:
0
Notary Public
(SEAL)
By
George . Gonzalez, Ovhier
By oV�i
Janet onzalez, Owner
r
STATE OF`�-
CITY/COUNTY OF J caw , to -wit:
The foregoing instrument was acknowledged before me this 13 day of
2012, by George E. Gonzalez.
(SEAL)
kot=a�rvy Public
Notary Registration Number:
My Commission Expires:
0SUELLEN SKOCKI
Notary Public
Commonwealth of Virginia
"+- Reg. #131378 f
My Commission Exps. Aug. 31, 2012
STATE OF
CITY/COUNTY 6P jct,SAA , to -wit:
The foregoing instrument was acknowledged before me this /3 day of
2012, by Janet Gonzalez.
LU SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
7
SUELLEN SKOCKI
'
Notary Public
Commonwealth of Virginia
Reg. #131378
My Commission Expe, Aug. 31, 2012
APPROVED AS TO CONTENTS
r
SI' ATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
�v
DEBRA M. BRYAN,
ASSOCIATE CITY ATTORNEY
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MEAN HIGH WATER (+0.98 NAVD88) — — — —
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REPLACEMENT
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PROPOSED `
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BULKHEAD
N 3,503,296.13
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LIMITS OF
DISTURBANCE
TOE OF SAND PILES PLACED
BY CITY OF VIRGINIA BEACH, _■ _ '
SURVEYED 77,~
29 SEPTEMBER, 2011 _ _--
EXIST TOE OF SLOPE _ - - x-_-•�
LIMITS OF FILL
(ELEV.= 12.0)
PROPOSED
ANCHOR PILES
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GRAPHIC SCALE
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1 INCH = 40 FEET
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J.W. BRAWLEY, PE
P.O. BOX 7035
WILLIAMSBURG, VIRGINIA 23188
TEL. 757-645-6680
- — — — — 50' LANDWARD
OCEAN VIEW AVE BUFFER
11 70- R/W - MB'B-PG-123-,._.._
S 64'09'15" E
ENCROACHMENT EXHIBIT "A"
SCALE: 1" = 40'-0"
FOR
GEORGE & JANET GONZALEZ
5030 LAUDERDALE AVE
VIRGINIA BEACH, VA 23455
SILT FENCE
PROPOSED
REPLACEMENT
DECK (34'X15')
100' VARIABLE
WIDTH BUFFER
IN: VIRGINIA BEACH
AT:
CITY: VIRGINIA BEACH
STATE: VIRGINIA
DATUM: NAVD88
DATE: 12/14/2011
SHEET NO. 1 OF 1
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-110-
Items
110-
Items IV-K.10.g
ORDINANCESIRESOL UTIONS ITEM # 61587g
g. SARAH L. HOUCK at the rear of 5032 Lauderdale Avenue, subject to:
It is expressly understood and agreed that the Temporary Encroachment will
be constructed and maintained in accordance with the laws of the
Commonwealth of Virginia and the City of Virginia Beach as well as the
City's specifications and approval.
2. Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the
Temporary Encroachment from the Encroachment Area in the event of an
emergency or public necessity and Grantee shall bear all costs and expenses
of such removal.
3. It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the
Grantee and that within thirty (30) days after the notice is given the
Temporary Encroachment must be removed from the Encroachment Area by
the Grantee and that the Grantee will bear all costs and expenses of such
removal.
4. It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless and defend the City, its agents and employees, from
and against all claims, damages, losses and expenses, including reasonable
attorney's fees, in case it shall be necessary to file or defend an action
arising out of the construction, location or existence of the Temporary
Encroachment.
5. It is further expressly understood and agreed that nothing herein contained
shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified
herein and to the limited extent specified herein nor to permit the
maintenance and construction of any encroachment by anyone other than the
Grantee.
6. It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a
hazard.
It is further expressly understood and agreed that the Grantee must obtain a
building permit from the Department of Planning prior to commencing any
construction within the Encroachment Area (the "Permit').
8. It is further expressly understood and agreed that the Grantee must obtain a
Coastal Primary Sand Dune Permit from the Wetlands Board for any
existing, replacement or proposed encroachment not exempted pursuant to
the Emergency Declaration or otherwise allowed under Section 1602 of the
City Zoning Ordinance.
9. It is further expressly understood and agreed that the seaward extension of
the Temporary Encroachment shall not extend past the seaward toe of the
sand dune.
January 24, 2012
Items IV-K.10.g
ORDINANCES/RESOLUTIONS ITEM # 61587g (Continued)
10. It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such
insurance as is deemed necessary by the City and all insurance policies must
name the City as additional named insured or loss payee, as applicable. The
Grantee also agrees to carry comprehensive general liability insurance in an
amount not less than $500,000.00, combined single limits of such insurance
policy or policies. The Grantee will provide endorsements with at least thirty
(30) days written notice to the City prior to the cancellation or termination
of, or material change to, any of the insurance policies. The Grantee
assumes all responsibilities and liabilities, vested or contingent, with relation
to the construction, location and/or existence of the Temporary
Encroachment.
11. It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements as
established by the City.
12. It is further expressly understood and agreed that the Grantee must submit,
for review and approval, a survey of the Encroachment Area, certified by a
Registered Professional Engineer or a Licensed Land Surveyor and/or "as
built" plans of the Temporary Encroachment sealed by a Registered
Professional Engineer, if required by either the City Engineer's Office or the
Engineering Division of the Public Utilities Department.
13. It is further expressly understood and agreed that the City, upon revocation
of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee and collect the cost
in any manner provided by law for the collection of local or state taxes, may
require the Grantee to remove the Temporary Encroachment and, pending
such removal, the City may charge the Grantee for the use of the
Encroachment Area, the equivalent of what would be the real property tax
upon the land so occupied if it were owned by the Grantee. If such removal
shall not be made within the time ordered hereinabove by this Agreement, the
City may impose a penalty in the sum of One Hundred Dollars ($100.00) per
day for each and every day the Temporary Encroachment is allowed to
continue thereafter and may collect such compensation and penalties in any
manner provided by law for the collection of local or state taxes.
January 24, 2012
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF PUBLIC RIGHT -
6 OF -WAY KNOWN AS OCEAN VIEW
7 AVENUE (CHESAPEAKE BEACH)
8 LOCATED AT THE REAR OF 5032
9 LAUDERDALE AVENUE, FOR
10 PROPERTY OWNER SARAH L.
11 HOUCK
12
13 WHEREAS, Sarah L. Houck, desires to construct and maintain a proposed
14 bulkhead (25LF), anchor piles (6' O.C.), beach access replacement stairs (4'X 13'), and
15 a landing platform (5' X 10') on a portion of public right-of-way known as Ocean View
16 Avenue (Chesapeake Beach), located at the rear of 5032 Lauderdale Avenue, Virginia
17 Beach, Virginia; and
18
19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
21 public rights-of-way subject to such terms and conditions as Council may prescribe.
22
23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Sarah L. Houck, her heirs,
27 assigns and successors in title are authorized to maintain existing temporary
28 encroachments for a proposed bulkhead (25LF), anchor piles (6' O.C.), beach access
29 replacement stairs (4' X 13'), and a landing platform (5' X 10') on a portion of City
30 property as shown on the map marked Exhibit "A" and entitled: "ENCROACHMENT
31 EXHIBIT "A" SCALE: 1" = 40' — 0" FOR SARAH HOUCK 5032 LAUDERDALE AVE
32 VIRGINIA BEACH, VA 23455," a copy of which is on file in the Department of Public
33 Works and to which reference is made for a more particular description; and
34
35 BE IT FURTHER ORDAINED that the temporary encroachments are expressly
36 subject to those terms, conditions and criteria contained in the Agreement between the
37 City of Virginia Beach and Sarah L. Houck (the "Agreement"), which is attached hereto
38 and incorporated by reference; and
39
40 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is
41 hereby authorized to execute the Agreement; and
42
43 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such
44 time as Sarah L. Houck and the City Manager or his authorized designee execute the
45 Agreement.
46
47 Adopted by the Council of the City of Virginia Beach, Virginia, on the -2 4 ..- day
4 $ of January , 2012.
CA -11974
R-1
PREPARED: 1/18/12
APPROVED AS TO CONTENTS
PUBiIC WORKS, REAL ESTATE
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
6h".)ln "/
CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 12th day of Januar , 2012, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and SARAH L. HOUCK, HER HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or
parcel of land designated and described as "Lot A in Block 19," as shown on that certain
plat entitled: "RESUBDIVISION OF LOTS 3, 4, 5, 6 AND PART OF 34 BLOCK 19
CHESAPEAKE PARK M.B. 4 P. 47 and M.B. 6 P. 123 VIRGINIA BEACH, VIRGINIA
SCALE: 1" = 20' APRIL 20, 2010, prepared by GALLUP SURVEYORS & ENGINEERS,
LTD." and said plat is recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Instrument #20100915000967110, and being further
designated, known, and described as 5032 Lauderdale Avenue, Virginia Beach, Virginia
23455 (the "Property");
WHEREAS, it is proposed by the Grantee to construct and maintain a
proposed bulkhead (25LF), anchor piles (6' O.C.), beach access replacement stairs (4'
X 13'), and a landing platform (5' X 10'), collectively, the "Temporary Encroachment", in
the City of Virginia Beach; and
GPIN'S: (UNIMPROVED CITY RIGHT-OF-WAY — KNOWN AS OCEAN VIEW
AVENUE - NO GPIN REQUIRED OR ASSIGNED)
1570-43-1290-0000; (5032 Lauderdale Avenue)
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
unimproved City right -of way known as Ocean View Avenue located at the rear of 5032
Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and
WHEREAS, pursuant to the local emergency declared by the City
Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N,
adopted September 6, 2011 (the "Emergency Declaration'), the Property is exempted
from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the
Proposed Bulkhead and Anchor Piles only; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled:
"ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR
SARAH HOUCK 5032 LAUDERDALE AVE VIRGINIA
BEACH, VA 23455 DATE: 12/14/2011 SHEET NO. 1 OF 1,"
a copy of which is attached hereto as Exhibit "A" and to
which reference is made for a more particular description.
2
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a building permit from the Department of Planning prior to commencing any construction
within the Encroachment Area (the "Permit").
3
It is further expressly understood and agreed that the Grantee must obtain
a Coastal Primary Sand Dune Permit from the Wetlands Board for any existing,
replacement, or proposed encroachment not exempted pursuant to the Emergency
Declaration or otherwise allowed under Section 1602 of the City Zoning Ordinance.
It is further expressly understood and agreed that the seaward extend of
the Temporary Encroachment shall not extend past the seaward toe of the sand dune.
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered professional engineer, if required
11
by either the City Engineer's Office or the Engineering Division of the Public Utilities
Department.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Sarah L. Houck, the said Grantee, has caused
this Agreement to be executed by her signature. Further, that the City of Virginia Beach
has caused this Agreement to be executed in its name and on its behalf by its City
Manager and its seal be hereunto affixed and attested by its City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2012, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
(SEAL)
The foregoing instrument was acknowledged before me this day of
, 2012, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
luSarah L. Houck, Owner
STATE OF
CIT /COUNTY QI!'U•- , to -wit:
The foregoing instrument was acknowledged before me this day of
2012, by Sarah L. Houck.
Notary Registration Number: "1 i D W31
My Commission Expires:
APPROVED AS TO CONTENTS
SfGhATURE
P1 kcniR.
DEPARTMENT
7
G1 J. BRUCE
NOTARY PUBLIC
Commonwealth of Virginia
Reg. #4108687
My Commission Expires Mar. 31, 2015
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
kaaw �q owg:�'&
DEBRA M. BRYAN,
ASSOCIATE CITY ATTORNEY
MEAN LOW WATER( -1-57 NAVD88) IMLW
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CHESA PEA KE BA Y
MEAN HIGH WATER (+0.98 NAVD88) -
` 50' SEAWARD
\ — BUFFER
N 3,503.304.66
E 12,174,247.61
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E 12,174,252.11
LIMITS OF DISTURBANCE PROPOSED ooQa
REPLACEMENT0 33 50 LANDWARD
\\ STAIRS (4X13') N o BUFFER
\
------ --- ——
PROPOSED PLATFORM
TOE OF SAND PILES PLACED OCEAN VIEW AVE
DV !`ITV (lr \/IR(_IMIA RFACH 70' R/W - MB 6 PG 123 '/ 1
BULKHEAD
(25LF)
GRAPHIC SCALE
0 20 40 80
1 INCH = 40 FEET
JAYES 1', BRAS?'" M
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4.24'
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ENCROACHMENT EXHIBIT "A" IN: VIRGINIA BEACH
J.W. BRAWLEY, PE AT:
P.O. BOX 7035 SCALE: 1" = 40'-0" CITY: VIRGINIA BEACH
WILLIAMSBURG, VIRGINIA 23188 FOR STATE: VIRGINIA
TEL. 757-645-6680 SARAH HOUCK DATUM: NAVD88
5032 LAUDERDALE AVE DATE: 12/14/2011
VIRGINIA BEACH, VA 23455 1 SHEET NO. 1 OF 1
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-112-
Items
112-
Items IV-K.10.h
ORDINANCES/RESOLUTIONS ITEM # 61587h
h. LORRAINE WINCOR, EDWARD REICHBACH and ROBERT RAYLOVE at the rear of 5036
Lauderdale Avenue, subject to:
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach as well as the City's specifications and
approval.
2. Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity and Grantee shall bear all costs and expenses of such removal.
3. It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee and, that within
thirty (30) days after the notice is given, the Temporary Encroachment must be
removed from the Encroachment Area by the Grantee and that the Grantee will bear
all costs and expenses of such removal.
4. It is further expressly understood and agreed that the Grantee shall indemnify, hold
harmless and defend the City, its agents and employees, from and against all claims,
damages, losses and expenses, including reasonable attorney's fees, in case it shall
be necessary to file or defend an action arising out of the construction, location or
existence of the Temporary Encroachment.
5. It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited
extent specified herein nor to permit the maintenance and construction of any
encroachment by anyone other than the Grantee.
6. It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
7. It is further expressly understood and agreed that the Grantee must obtain a building
permit from the Department of Planning prior to commencing any construction
within the Encroachment Area (the "Permit').
8. It is further expressly understood and agreed that the seaward extension of the
Temporary Encroachment shall not extend past the seaward toe of the sand dune.
9. It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than
$500,000.00, combined single limits of such insurance policy or policies. The
Grantee will provide endorsements with at least thirty (30) days written notice to the
City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
January 24, 2012
-113 -
Items IV-K.10.h
ORDINANCES/RESOLUTIONS ITEM# 61587h (Continued)
contingent, with relation to the construction, location and/or existence of the
Temporary Encroachment.
10. It is further expressly understood and agreed that the Temporary Encroachment must
conform to the minimum setback requirements as established by the City.
H. If is further expressly understood and agreed that the Grantee must submit, for
review and approval, a survey of the Encroachment Area, certified by a Registered
Professional Engineer or a Licensed Land Surveyor and/or "as built" plans of the
Temporary Encroachment sealed by a Registered Professional Engineer, if required
by either the City Engineer's Office or the Engineering Division of the Public
Utilities Department.
12. It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and
charge the cost thereof to the Grantee and collect the cost in any manner provided by
law for the collection of local or state taxes, may require the Grantee to remove the
Temporary Encroachment and, pending such removal, the City may charge the
Grantee for the use of the Encroachment Area, the equivalent of what would be the
real property tax upon the land so occupied if it were owned by the Grantee. If such
removal shall not be made within the time ordered hereinabove by this Agreement,
the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day
for each and every day the Temporary Encroachment is allowed to continue
thereafter and may collect such compensation and penalties in any manner provided
by law for the collection of local or state taxes.
January 24, 2012
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF PUBLIC RIGHT -
6 OF -WAY KNOWN AS OCEAN VIEW
7 AVENUE (CHESAPEAKE BEACH)
8 LOCATED AT THE REAR OF 5036
9 LAUDERDALE AVENUE, FOR
10 PROPERTY OWNERS LORRAINE
11 WINCOR, EDWARD REICHBACH AND
12 ROBERT RAYLOVE
13
14 WHEREAS, Lorraine Wincor, Edward Reichbach and Robert Raylove, desires to
15 construct and maintain a proposed bulkhead (75LF), and anchor piles (6' O.C.) on a
16 portion of public right-of-way known as Ocean View Avenue (Chesapeake Beach),
17 located at the rear of 5036 Lauderdale Avenue, Virginia Beach, Virginia; and
1s
19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
21 public rights-of-way subject to such terms and conditions as Council may prescribe.
22
23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Lorraine Wincor, Edward
27 Reichbach and Robert Raylove, their heirs, assigns and successors in title are
28 authorized to maintain existing temporary encroachments for a proposed bulkhead
29 (75LF), and anchor piles (6' O.C.) on a portion of City property as shown on the map
30 marked Exhibit "A" and entitled: "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0"
31 FOR LORRAINE WINCOR, EDWARD REICHBACH, AND ROBERT RAYLOVE 5036
32 LAUDERDALE AVE VIRGINIA BEACH, VA 23455," a copy of which is on file in the
33 Department of Public Works and to which reference is made for a more particular
34 description; and
35
36 BE IT FURTHER ORDAINED that the temporary encroachments are expressly
37 subject to those terms, conditions and criteria contained in the Agreement between the
38 City of Virginia Beach and Lorraine Wincor, Edward Reichbach and Robert Raylove (the
39 "Agreement"), which is attached hereto and incorporated by reference; and
40
41 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is
42 hereby authorized to execute the Agreement; and
43
44 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such
45 time as Lorraine Wincor, Edward Reichbach and Robert Raylove and the City Manager
46 or his authorized designee execute the Agreement.
47
48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day
49 of January , 2012.
CA -11975
R-1
PREPARED: 1/18/12
APPROVED AS TO CONTENTS
7)a" C
PLfdLIC WORKS, REAL ESTATE
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
F mm � -Z �'rA qww m �
5411 13 a e- i
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 13th day of January, 2012, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and LORRAINE WINCOR, EDWARD
REICHBACH and ROBERT RAYLOVE, THEIR HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, "Grantee", even though more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or
parcel of land designated and described as "Lot B in Block 19," as shown on that certain
plat entitled: "RESUBDIVISION OF LOTS 3, 4, 5, 6 AND PART OF 34 BLOCK 19
CHESAPEAKE PARK M.B. 4 P. 47 and M.B. 6 P. 123 VIRGINIA BEACH, VIRGINIA
SCALE: 1" = 20' APRIL 20, 2010 SHEET 1 OF 2, prepared by GALLUP SURVEYORS
& ENGINEERS, LTD." and said plat is recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia in Instrument #20100915000967110, and being
further designated, known, and described as 5036 Lauderdale Avenue, Virginia Beach,
Virginia 23455 (the "Property");
WHEREAS, it is proposed by the Grantee to construct and maintain a
proposed bulkhead (751-17), and anchor piles (6' O.C.), collectively, the "Temporary
Encroachment", in the City of Virginia Beach; and
GPIN'S: (UNIMPROVED CITY RIGHT-OF-WAY — KNOWN AS OCEAN VIEW
AVENUE - NO GPIN REQUIRED OR ASSIGNED)
1570-43-2217-0000; (5036 Lauderdale Avenue)
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
unimproved City right -of way known as Ocean View Avenue located at the rear of 5036
Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and
WHEREAS, pursuant to the local emergency declared by the City
Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N,
adopted September 6, 2011 (the "Emergency Declaration'), the Property is exempted
from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the
Proposed Bulkhead and Anchor Piles only; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled:
"ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR
LORRAINE WINCOR, EDWARD REICHBACH, AND
ROBERT RAYLOVE 5036 LAUDERDALE AVE VIRGINIA
BEACH, VA 23455 DATE: 12/14/2011 SHEET NO. 1 OF 1,"
a copy of which is attached hereto as Exhibit "A" and to
which reference is made for a more particular description.
2
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a building permit from the Department of Planning prior to commencing any construction
within the Encroachment Area (the "Permit").
3
It is further expressly understood and agreed that the seaward extend of
the Temporary Encroachment shall not extend past the seaward toe of the sand dune.
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
If is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered professional engineer, if required
by either the City Engineer's Office or the Engineer Division of the Public Utilities
Department.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
11
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Lorraine Wincor, Edward Reichbach and
Robert Raylove, the said Grantees, have caused this Agreement to be executed by their
signatures. Further, that the City of Virginia Beach has caused this Agreement to be
executed in its name and on its behalf by its City Manager and its sea] be hereunto
affixed and attested by its City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2012, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
Notary Public
Notary Registration Number:
My Commission Expires: —
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
(SEAL)
The foregoing instrument was acknowledged before me this day of
, 2012, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires: _
0
By Ln���
Lorraine Wincor, Owner
B
Edward Reichbach, Owner
7 -
By Robert Raylovel, Own6t
STATE OF' `� 4
CITY/COUNTY OF -, to -wit.
The foregoing instrument was acknowledged before me this J2 71 -day of
2012, by Lorraine Wincor.
say jX
law.,
ANA "A KPI)fIffff 7 i EAL)
Notary Public Or
NOTARY MLIC-STATE OF FLORIDA
Notary Registration Number: iPG isberg
Commission # D846332
My Commission Expires: 14, 2013
--,-FNG Co., INr-
STA T E OF r6_� . , -A
CITY/COUNTY OF BfZWf to -wit:
The foregoing instrument was acknowledged before me this /2—/Iday of
' t
'Tl'" 111 4-1 2012, by Edward Reichbach,
0�0
Fot�aPublic
Notary Registration Number: - NOTARY PrmT,Tt,_P,-A" An — --
IDA
My Commission Expires: S, 'Jis,5i0l ODD046332
Il. 2013
BONDW
U 1:0, ]No
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The foregoing instrument was acknowledged before me this
2012, b rRa love.
y Roberty
----- Notary Public
Notary Registration Numbe : 14 CAROL ANN OLEO,
Notary Public
COMMONWEALTH OF MASSACHUSETTS
My Commission Expires: M ImIfition xp Ires
A rll ?B 2017
APPROVED AS TO CONTENTS
SI ATURE
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DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
DEBRA M. BRYAN,
ASSOCIATE CITY ATTORNEY
day of
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50' LANDWARD BUFFER F
LIMITS OF DISTURBANCE ________- PROPOSED
--__ --- RIIIIeWFAn
TOE OF SAND PILES PLACED BY MEAN—VIEW A1iE
CITY OF VIRGINIA BEACH, SURVEYED 70' R/W - MB 6 PG 123
29 SEPTEMBER, 2011
30
EXIST TOE OF SLOPE
LIMITS OF FILL 10 •"
(ELEV.= 12.0) °
S 64'0!
75.
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PROPOSED
ANCHOR PILES
O 6' O.C.
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J.W. BRAWLEY, PE
P.O. BOX 7035
WILLIAMSBURG, VIRGINIA 23188
TEL. 757-645-6680
ENCROACHMENT EXHIBIT "A"
SCALE: 1" = 40'-0"
FOR LORRAINE WINCOR,
EDWARD REICHBACH, AND
ROBERT RAYLOVE
5036 LAUDERDALE AVE
VIRGINIA BEACH, VA 23455
IN: VIRGINIA BEACH
AT:
CITY: VIRGINIA BEACH
STATE: VIRGINIA
DATUM: NAVD88
DATE: 12/14/2011
SHEET NO. 1 OF 1
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J.W. BRAWLEY, PE
P.O. BOX 7035
WILLIAMSBURG, VIRGINIA 23188
TEL. 757-645-6680
ENCROACHMENT EXHIBIT "A"
SCALE: 1" = 40'-0"
FOR LORRAINE WINCOR,
EDWARD REICHBACH, AND
ROBERT RAYLOVE
5036 LAUDERDALE AVE
VIRGINIA BEACH, VA 23455
IN: VIRGINIA BEACH
AT:
CITY: VIRGINIA BEACH
STATE: VIRGINIA
DATUM: NAVD88
DATE: 12/14/2011
SHEET NO. 1 OF 1
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-114 -
Item s
114 -
Items IV-K.10.i
ORDINANCESIRESOL UTIONS ITEM # 61587i
DESMOND C. and PATRICIA S. COOK at the rear of 5038 Lauderdale Avenue, subject to:
1. It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach as well as the City's specifications and
approval.
2. Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity and Grantee shall bear all costs and expenses of such removal.
3. It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee and that, within
thirty (30) days after the notice is given, the Temporary Encroachment must be
removed from the Encroachment Area by the Grantee and that the Grantee will bear
all costs and expenses of such removal.
4. It is further expressly understood and agreed that the Grantee shall indemnify, hold
harmless and defend the City, its agents and employees, from and against all claims,
damages, losses and expenses, including reasonable attorney's fees, in case it shall
be necessary to file or defend an action arising out of the construction, location or
existence of the Temporary Encroachment.
5. It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited
extent specified herein nor to permit the maintenance and construction of any
encroachment by anyone other than the Grantee.
6. It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain a building
permit from the Department of Planning prior to commencing any construction
within the Encroachment Area (the "Permit').
8. It is further expressly understood and agreed that the Grantee must obtain a Coastal
Primary Sand Dune Permit from the Wetlands Board for any existing, replacement or
proposed encroachment not exempted pursuant to the Emergency Declaration or
otherwise allowed under Section 1602 of the City Zoning Ordinance.
9. It is further expressly understood and agreed that the seaward extension of the
Temporary Encroachment shall not extend past the seaward toe of the sand dune.
10. It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than
$500,000.00, combined single limits of such insurance policy or policies. The
Grantee will provide endorsements with at least thirty (30) days written notice to the
January 24, 2012
WSAM
Items IV-KIO.i
ORDINANCES/RESOLUTIONS ITEM # 61587i (Continued)
City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location and/or existence of the
Temporary Encroachment.
H. It is further expressly understood and agreed that the Temporary Encroachment must
conform to the minimum setback requirements as established by the City.
12. It is further expressly understood and agreed that the Grantee must submit for review
and approval, a survey of the Encroachment Area, certified by a Registered
Professional Engineer or a Licensed Land Surveyor and/or "as built" plans of the
Temporary Encroachment sealed by a Registered Professional Engineer, if required
by either the City Engineer's Office or the Engineering Division of the Public
Utilities Department.
13. It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and
charge the cost thereof to the Grantee and collect the cost in any manner provided by
law for the collection of local or state taxes, may require the Grantee to remove the
Temporary Encroachment and, pending such removal, the City may charge the
Grantee for the use of the Encroachment Area, the equivalent of what would be the
real property tax upon the land so occupied if it were owned by the Grantee and if
such removal shall not be made within the time ordered hereinabove by this
Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day the Temporary Encroachment is allowed to
continue thereafter and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
January 24, 2012
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF PUBLIC RIGHT -
6 OF -WAY KNOWN AS OCEAN VIEW
7 AVENUE (CHESAPEAKE BEACH)
8 LOCATED AT THE REAR OF 5038
9 LAUDERDALE AVENUE, FOR
10 PROPERTY OWNERS DESMOND C.
11 COOK AND PATRICIA S. COOK
12
13 WHEREAS, Desmond C. Cook and Patricia S. Cook, desire to construct and
14 maintain a proposed bulkhead (58LF), anchor piles (6' O.C.), beach access
15 replacement stairs (4'X 13'), replacement deck (32'X 16'), a landing platform (5' X 10')
16 and a return wall on a portion of public right-of-way known as Ocean View Avenue
17 (Chesapeake Beach), located at the rear of 5038 Lauderdale Avenue, Virginia Beach,
18 Virginia; and
19
20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
21 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
22 public rights-of-way subject to such terms and conditions as Council may prescribe.
23
24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Desmond C. Cook and
28 Patricia S. Cook, their heirs, assigns and successors in title are authorized to maintain
29 existing temporary encroachments for a proposed bulkhead (58LF), anchor piles (6'
30 O.C.), beach access replacement stairs (4' X 13'), replacement deck (32' X 16'), a
31 landing platform (5' X 10') and a return wall on a portion of City property as shown on
32 the map marked Exhibit "A" and entitled: "ENCROACHMENT EXHIBIT "A" SCALE: 1" _
33 40' — 0" FOR DESMOND & PATRICIA COOK 5038 LAUDERDALE AVE VIRGINIA
34 BEACH, VA 23455" a copy of which is on file in the Department of Public Works and to
35 which reference is made for a more particular description; and
36
37 BE IT FURTHER ORDAINED that the temporary encroachments are expressly
38 subject to those terms, conditions and criteria contained in the Agreement between the
39 City of Virginia Beach and Desmond C. Cook and Patricia S. Cook (the "Agreement"),
40 which is attached hereto and incorporated by reference; and
41
42 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is
43 hereby authorized to execute the Agreement; and
44
45 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such
46 time as Desmond C. Cook and Patricia S. Cook and the City Manager or his authorized
47 designee execute the Agreement.
48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day
49 Of January , 2012.
CA -11977
R-1
PREPARED: 1/18/12
APPROVED AS TO CONTENTS
C.. C - w -sq
P IC WORKS, REAL ESTATE
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
in
CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 12th day of January, 2012, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and DESMOND C. COOK and PATRICIA S.
COOK, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
"Grantee", even though more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of those certain lots, tracts, or
parcels of land designated and described as "Lots 1 and 2 in Block 19," as shown on
that certain plat entitled: "CHESAPEAKE PARK Property of LYNNHAVEN REALTY
CORPORATION 319-321 Seaboard Bank Bldg. NORFOLK, VA. Scale 1 inch = 200 ft.
C. F. PETRIE, C.E., NORFOLK, VA. May 1910" and "CHESAPEAKE PARK PRINCESS
ANNE CO, VA. Scale 1" = 200 ft. Amended Plat made from Blueprint, with certain
changes for A. M. Ward, Oct. 14th, 1919, C. F. PETRIE, C.E.," and said plats are
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia
in Map Book 4, at page 47 and Map Book 6, at page 123, respectively, and being
further designated, known, and described as 5038 Lauderdale Avenue, Virginia Beach,
Virginia 23455 (the "Property");
GPIN'S: (UNIMPROVED CITY RIGHT-OF-WAY — KNOWN AS OCEAN VIEW
AVENUE - NO GPIN REQUIRED OR ASSIGNED)
1570-43-1239-0000; (5038 Lauderdale Avenue)
WHEREAS, it is proposed by the Grantee to construct and maintain a
proposed bulkhead (58LF), anchor piles (6' O.C.), beach access replacement stairs (4'
X 13'), replacement deck (32' X 16'), a landing platform (5' X 10') and a return wall,
collectively, the "Temporary Encroachment", in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
unimproved City right -of way known as Ocean View Avenue located at the rear of 5038
Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and
WHEREAS, pursuant to the local emergency declared by the City
Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N,
adopted September 6, 2011 (the "Emergency Declaration"), the Property is exempted
from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the
Proposed Bulkhead, Anchor Piles and Return Wall only; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
0)
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled:
"ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR
DESMOND & PATRICIA COOK 5038 LAUDERDALE AVE
VIRGINIA BEACH, VA 23455 DATE: 12/14/2011 SHEET
NO. 1 OF 1," a copy of which is attached hereto as Exhibit
"A" and to which reference is made for a more particular
description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
3
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a building permit from the Department of Planning prior to commencing any construction
within the Encroachment Area (the "Permit").
It is further expressly understood and agreed that the Grantee must obtain
a Coastal Primary Sand Dune Permit from the Wetlands Board for any existing,
replacement, or proposed encroachment not exempted pursuant to the Emergency
Declaration or otherwise allowed under Section 1602 of the City Zoning Ordinance.
It is further expressly understood and agreed that the seaward extend of
the Temporary Encroachment shall not extend past the seaward toe of the sand dune.
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
2
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built' plans of
the Temporary Encroachment sealed by a registered professional engineer, if required
by either the City Engineer's Office or the Engineering Division of the Public Utilities
Department.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Desmond C. Cook and Patricia S. Cook, the
said Grantees, have caused this Agreement to be executed by their signatures. Further,
that the City of Virginia Beach has caused this Agreement to be executed in its name
and on its behalf by its City Manager and its seal be hereunto affixed and attested by its
City Clerk.
4�
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2012, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
(SEAL)
The foregoing instrument was acknowledged before me this day of
, 2012, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
By
Des o d C. Cook, Owner
By &2C�,c tc.,�
Patricia S. Cook, Owner
STATE OF `/('`''ti "-
CITY/COUNTY O to -wit:
}
The foregoing instrument was acknowledged before me this jO2 day of
2012, by Desmond C. Cook.
CECILLE S. CAMS
NOTARY PUBLIC 7082772 (SEAL)
COMMONWEALTH OF VIRGINIA Notary Public
Notary Registration Number:
7 7; -
My Commission Expires: �% (-CT &I Rog
STATE OF v"'
CITY/COUNTY O ��� 'rh ,��� , to -wit:
The foregoing instrument was acknowledged before me this 't`� day of
2012, by Patricia S. Cook.
CECILLE S. SAMS
NOTARY PUBLIC 7082772'(SEAL)
COMMONWEALTH OF VIRGINIA Notary Public
Notary Registration Number:
rc1�,�2 -7,Z
My Commission Expires: 441 t4 -JT 31, �b/.57
7
APPROVED AS TO CONTENTS
'"4W C? O SGti,
SldhATURE
PID - W EJH
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
t&At� 1�0
DEBRA M. BRYAN,
ASSOCIATE CITY ATTORNEY
MEAN LOW WAS %1 a
EAN M,cH WAR (+0.98
N=y0g8)
TOE OF SAND PILES
BY CITY OF VIRGINIA
SURVEYED
29 SEPTEMBER, 2011
LIMITS OF
DISTURBANCE
EXIST BEACH
ACCESS RAMP
TO BE USED FOR
CONSTRUCTION --
ACCESS
TIMBER MAT
CONSTRUCTION
ENTRANCE
EXIST TOE OF SLOPE
PROPOSED
RETURN WALL
LIMITS OF FILL
(ELEV.= 12.0)
S 64'09'15"
GRAPHIC SCALE
0 20 40 80
1 INCH = 40 FEET
410- Mal,
JAMES V DRAWOi 19
LIC. Na. 024305
50 LANDWARD
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12.79'
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ENCROACHMENT EXHIBIT "A"
IN: VIRGINIA BEACH
AT
J.W. BRAWLEY, PE
SCALE: 1" - 40'-0"
A
CITY: VIRGINIA
P.O. BOX 7035
FOR
STATE: VIRGINIA
WILLIAMSBURG, VIRGINIA 23188
TEL 757-645-6680
DESMOND do PATRICIA COOK
DATUM: NAVD88
5038 LAUDERDALE AVE
DATE: 12/14/2011
VIRGINIA BEACH, VA 23455
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-116 -
Item
116 -
Item IV-K.II.alb
ORDINANCES/RESOLUTIONS ITEM # 61588
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Resolutions to REQUEST the Virginia Department of Transportation
(VDOT) ACCEPT:
a. Additional streets re Urban Maintenance
b. Corrections to the Road Inventory re Urban Maintenance
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 24, 2012
1 A RESOLUTION REQUESTING THE VIRGINIA
2 DEPARTMENT OF TRANSPORTATION TO
3 ACCEPT ADDITIONAL STREETS FOR URBAN
4 MAINTENANCE PAYMENTS
5
6 WHEREAS, the Virginia Department of Transportation requires a City Council
7 resolution prior to accepting additional streets for urban maintenance payments; and
8
9 WHEREAS, the 3.92 (Local or Collector) lane miles of streets listed on Exhibit A
10 (attached) have been constructed in accordance with standards established by the
11 Virginia Department of Transportation; and
12
13 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain
14 these streets; and
15
16 WHEREAS, a representative from the Virginia Department of Transportation has
17 inspected and approved these streets.
18
19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21
22 That City Council hereby requests the Virginia Department of Transportation to
23 accept the streets listed on Exhibit A, attached hereto and incorporated by reference,
24 and to begin paying urban maintenance payments to the City of Virginia Beach based
25 on the established rate.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
24 January 2012•
APPROVED AS TO CONTENT
-I 112P.440
Public \fVorks
CA12098
R-1
December 22, 2011
APPROVED AS TO LEGAL SUFFICIENCY:
ice
City of Virginia Beach
Exhibit A - New Streets Public Works / Operations
New Street
Street Type
STREET
FROM
TO
LANE MILES
LOCAL
BAKER RD
WITCHDUCK RD (N) SB
E DEAD END
1.06
LOCAL
HOLBORN CT
KNIGHTS BRIDGE LA
W CUL DE SAC
0.12
LOCAL
HORSE PASTURE RD
DAM NECK RD
TAYLOR FARM RD
0.78
LOCAL
HORSE PASTURE RD
TAYLOR FARM RD
W CUL DE SAC
0.24
LOCAL
LAMBETH LN
KNIGHTS BRIDGE LN
DEAD END
0.12
Total Lane Miles of LOCAL streets :
2.32
Street Type STREET FROM TO LANE MILES
URBAN COLLECTOR CONSTITUTION DR BONNEY RD COLUMBUS ST 1.60
Total Lane Miles of URBAN COLLECTOR streets : 1.60
Total Lane Miles of New Street: 3.92
Wednesday, December 21, 2011 Page 1 of 1
1 A RESOLUTION REQUESTING THE VIRGINIA
2 DEPARTMENT OF TRANSPORTATION TO
3 ACCEPT CORRECTIONS AND DELETIONS TO
4 THE ROAD INVENTORY FOR URBAN
5 MAINTENANCE PAYMENTS
6
7 WHEREAS, the Virginia Department of Transportation requires a City Council
8 resolution prior to accepting corrections or deletions to the revised road inventory for
9 urban maintenance payments;
10
11 WHEREAS, City personnel have reviewed the revised road inventory prepared
12 by the Virginia Department of Transportation and have determined that some
13 inaccuracies exist;
14
15 WHEREAS, corrections to the revised road inventory have been made as shown
16 on Exhibit B (attached); resulting in a net increase of 0.66 (Local/Collector) lane miles
17 and a net increase of 5.40 (Arterial) lane miles and
18
19 WHEREAS, a representative from the Virginia Department of Transportation has
20 inspected and approved corrections.
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 That City Council hereby requests the Virginia Department of Transportation to
26 accept the corrections and deletions listed on Exhibit B, attached hereto and
27 incorporated by reference, and to begin paying urban maintenance payments to the City
28 of Virginia Beach based on the established rate.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th
day of January , 2012.
APPROVED AS TO CONTENT:
NMI STATM
CA12099
R-1
December 22, 2011
APPROVED AS TO LEGAL SUFFICIENCY:
Exhibit B - Changes
City of Virginia Beach
Public Works / Operations
Street Tvpe STREET FROM TO LANE MILES
URBAN MINOR ARTERIAL BIRDNECK RD S KENYA LA GENERAL BOOTH BL 9.16
URBAN MINOR ARTERIAL WITCHDUCK RD S AMBERLY RD GRAYSON RD 2.46
URBAN MINOR ARTERIAL WITCHDUCK RD S BONNEY RD AMBERLY RD 0.36
Total Lane Miles of URBAN MINOR ARTERIAL streets: 11_98
Total Lane Miles of Additions/Replaced deletions : 16.08
Street Type
STREET
FROM
TO LANE MILES
LOCAL
Additions/Replaced
deletions
CUL DE SAC
-0.16
LOCAL
Street Type
STREET
FROM
TO
LANE MILES
LOCAL
ALISHIRE CT
MECKLEN LA
CULDE-SAC E
0.16
LOCAL
BUCKNER BL
INDEPENDENCE BL
HOLLAND RD
3.54
LOCAL
FIRST GENERAL PW
OLD DONATION PW
COUNTRY MILL RD
0.12
LOCAL
HANNAH LN
55TH ST
DAWSON RD
0.06
LOCAL
IVANROAD CT
CLEVHAMM COMMONS
CUL DE SAC
0.04
LOCAL
SACANDAGA CT
SLALOM DR
W CUL DE SAC
0.14
LOCAL
SADDLEBROOK CT
INDEPENDENCE BL (NB)
WOODSCAPE LA
0.04
STREET
FROM
TO
Total Lane Miles of LOCAL streets:
4.10
Street Tvpe STREET FROM TO LANE MILES
URBAN MINOR ARTERIAL BIRDNECK RD S KENYA LA GENERAL BOOTH BL 9.16
URBAN MINOR ARTERIAL WITCHDUCK RD S AMBERLY RD GRAYSON RD 2.46
URBAN MINOR ARTERIAL WITCHDUCK RD S BONNEY RD AMBERLY RD 0.36
Total Lane Miles of URBAN MINOR ARTERIAL streets: 11_98
Total Lane Miles of Additions/Replaced deletions : 16.08
Street Type
STREET
FROM
TO LANE MILES
LOCAL
ALISHIRE CT
MECKLEN L.A
CUL DE SAC
-0.16
LOCAL
BUCKNER BL
INDEPENDENCE BL
ROSEMONT RD
-1.68
LOCAL
BUCKNER BL
PUMP STATION SITE
ROSEMONT RD
-1.14
LOCAL
FIRST GENERAL PY
OLD DONATION PKWY
COUNTRY MILL RD
-0.18
LOCAL
HANNAH LN (FORM SYDNOR DR
55TH ST
SYDNOR DR
-0.06
FOCAL
IVAN ROAD CT
CLEVHAMM COMMONS
CULDE-SAC
-0.04
LOCAL
SADDLEBROOK CT
SOUTH INDEPENDENCE BLVD
INDEPENDENCE BLVD
-0.04
LOCAL
SCANDAGA CT
SLALOM DR
CUL-DE-SAC
-0.14
Total Lane Miles of LOCAL streets :
-3_44
Street Type
STREET
FROM
TO
LANE MILES
URBAN MINOR ARTERIAL
BIRDNECK RD S
KENYA LA
GENERAL BOOTH BL
-4.58
URBAN MINOR ARTERIAL
WITCHDUCK RD S
BONNEY RD
GREENWICH RD
-2.00
Total Lane Miles of URBAN MINOR ARTERIAL streets:
-6_58
Total Lane Miles of Deletions/To be replaced :
-10.02
Wednesday, December 21, 2011 Page 1 of 1
-117 -
Item IV-K12.a/b/c
ORDINANCES/RESOLUTIONS ITEM # 61589
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT.
Ordinances to ACCEPT and APPROPRIATE Grant finds:
a. $11,525,844 in FY2010-11 School Reversion Funding to the School Reserve
Special Revenue Fund
b. A $54,840 Rescue Squad Assistance from the Virginia Department of
Health to purchase Lifepakl5 defibrillators and medical equipment
C. $86, 000 for the Department of Economic Development from Smart
Beginnings South Hampton Roads to administer the Early Learning
Challenge grant initiative [Revised]
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 24, 2012
1
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5
6
7
8
9
10
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AN ORDINANCE TO APPROPRIATE FUNDING TO THE
SCHOOL RESERVE SPECIAL REVENUE FUND
WHEREAS, the School System reverted $11,525,844 to the City's General Fund
per state law;
WHEREAS, by formal resolution, the School Board requests the appropriation of
this funding to the School Reserve Special Revenue Fund (098); and
WHEREAS, in 2003 the City Council established the School Reserve Special
Revenue Fund at the request of the School Board to allow the School System to set
aside funding to be in a better position to respond to (1) unexpected shortfalls in state or
federal revenues, (2) emergency expenditures of a non-recurring nature, or (3) other
fiscal emergencies.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That $11,525,844 is hereby appropriated, with estimated use of fund balance of
the General Fund increased accordingly, to the School Reserve Special Revenue
Fund.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 9dth day
Of January— , 2012.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
*ana=g:`e�rn)ent'�Ze"Wces
CA12065
R-3
January 17, 2012
APPROVED AS TO LEGAL SUFFICIENCY:
I
SCHOOLBOARD
Daniel D. Edwards
Chairman
District 1 - Centerville
1585 Lake James Drive
VA Beach, VA 23464
495-3551 (h) • 717-0259 (c)
William J. "Bill" Brunke, IV
Vice -Chairman
District 7 - Princess Anne
4099 Foxwood Drive, Suite 108
Virginia Beach, VA 23462
222-0134 (w) • 286-2772 (c)
Todd C. Davidson
At -Large
1861 Mayberry Drive
VA Beach, VA 23456
427-3330 (w) • 285-9409 (c)
Emma L. "Em" Davis
District 5 - Lynnhaven
1125 Michaelwood Drive
VA Beach, VA 23452
340-8911 (h)
Dorothy M. "Dottie" Holtz
At -Large
1304 Downs Lane
VA Beach, VA 23455
460-2440(h)
Brent N. Mckenzie
District 3 - Rose Hall
1400 Brookwood Place
VA Beach, VA 23453
816-2736 (c)
Ashley K. McLeod
At -Large
5508 Del Park Avenue
VA Beach, VA 23455
552-0348 (h)
Samuel G. "Sam" Reid
District 6 - Beach
1533 VA Beach Blvd.
VA Beach, VA 23454
284-1067 (c)
Patrick S. Salyer
At -Large
4849 Haymarket Drive
VA Beach, VA 23462
620-2141 (c)
Vacant
District 2 - Kempsville
Carolyn D. Weems
District 4 - Bayside
1420 Claudia Drive
VA Beach, VA 23455
464-6674 (h)
SUPERINTENDENT
James G. Merrill, Ed.D.
2512 George Mason Drive
VA Beach, VA 23456
263-1007
RGI NIA
BEACH CITY PUBLIC SCHOOLS
A H E A D O F T H E C U R V E
RESOLUTION REGARDING FY 2010111 REVERSION, REVENUE ACTUAL OVER BUDGET, AND DEBT
SERVICE BUDGET OVER ACTUAL FUNDS
WHEREAS, On September 20, 2011, the School Board was presented with a summary of the unaudited
financial statement for FY 2010/11 on the additional revenue and expenditure savings resulting in a reversion
to the City's General Fund; and
WHEREAS, the total estimated funds available for re -appropriation is $11,525,844; and
WHEREAS, the Schools projected shortfall (funding cliff) for FY 2012/13 is $34 million; and
WHEREAS, the Administration recommends that the $11,525,844 be re -appropriated to the School Reserve
Special Revenue Fund for the purposes (1) of covering projected revenue shortfall, (2) emergency
expenditures of a nonrecurring nature that would not have been anticipated at the time of the preparation and
adoption of the School Operating Budget, (3) possible base salary increases for employees, (4) increases in
VRS rates, (5) increases in health care costs, and (6) other fiscal emergencies.
NOW, THEREFORE, BE IT
RESOLVED: That the School Board approves the recommended uses of the FY 2010/11 Reversion,
Revenue Actual Under Budget, and Debt Service Budget Over Actual funds as presented by the
Administration and that $11,525,844 be placed in the School Board Reserve Special Revenue Fund; and be it
RESOLVED: That the City Council appropriates the $11,525,844 to the School Board Reserve Special
Revenue Fund; and be it
FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and
the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City
Council, the City Manager, and the City Clerk.
Adopted by the School Board of the City of Virginia Beach this 1st day of November 2011
Attest:
Dianne P. Alexander, Clerk of the Board
School Administration Building • 2512 George Mason Drive • P.O. Box 6038 • Virginia Beach, VA 23456-0038
Daniel D. Edwards, School B9ard Chairman
1
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3
4
5
6
7
8
9
10
11
12
13
14
15
16
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AN ORDINANCE TO ACCEPT AND APPROPRIATE
GRANT FUNDS AND TO TRANSFER FUNDS FOR
THE PURCHASE OF DEFIBRILLATORS AND
RELATED EQUIPMENT FOR AMBULANCES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA THAT:
1) $54,840 is hereby accepted from the Virginia Department of Health, Office
of Emergency Medical Services and appropriated, with estimated state revenues
increased accordingly, to the FY 2011-12 Operating Budget of the Department of
Emergency Medical Services for costs of replacement defibrillators and related
equipment; and
2) $57,311 is hereby transferred from the General Fund Reserve for
Contingencies to the FY 2011-12 Operating Budget of the Department of Emergency
Medical Services to provide the local grant match.
Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day
Of January , 2012.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY:
Management Services City ffice
CA12108
R-1
January 9, 2012
1
2
3
4
5
6
7
8
9
10
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12
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REVISED ORDINANCE
AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
FUNDS FROM SMART BEGINNINGS SOUTH HAMPTON
ROADS FOR THE EARLY LEARNING CHALLENGE
GRANT INITIATIVE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $86,000 is hereby accepted from Smart Beginnings South Hampton Roads
and appropriated, with estimated revenue increased accordingly, to the FY 2011-12
Operating Budget of the Department of Economic Development for the Early Learning
Challenge Grant Initiative.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day
of January , 2012.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
Management Services
CA12110
R-2
January 23, 2012
APPROVED AS TO LEGAL
December 14, 2011
Board of Directors
Angelica Light, Chair
Karen Kehoe
Jane Batten, Vice Chair
Virginia Beach GrowSmart
'
Department of Economic Development
Lisa Howard, Secretary,
222 Central Park Avenue, Suite 1000
President & CEO
Virginia Beach, VA 23462
Jim Metzger, Treasurer
Paul O. Hirschbiel Jr., Founding Chair Dear Karen,
Tony Atwater, Ph.D. I am pleased to inform you that the Grants Committee on behalf of Smart
David L. Bernd Beginnings South Hampton Roads Board of Directors voted to award a grant in
Barry Bishop the amount of $100,000 the City of Virginia Beach.
Gil Bland
Smart Beginnings South Hampton Roads will release funds to move forward
Bruce Bradley with the following:
John Broderick
Carlos Campo, Ph.D. • Activity #1 Sponsor 6 to participate in the Small Business Development
Jim Dahling Center- a 8 -week course on small business management. Also, the city
will sponsor 8 early education professionals through teacher scholarships.
Deborah DiCroce, Ed.D. in conjunction with TCC.
Chuck Harris . Activity 92 Improve kindergarten transitions through curriculum
Jake Jacocks alignment and shared professional development opportunities.
Tommy Johnson, Jr • Activity #3 Work in collaboration with the Literacy Institute at VCU to
Reynold W. Jordan, Jr. pilot the ExCELL program.
Katharine Kersey, Ph.D. Grants will be awarded by January 2012. Please note money not spent during
Mary Louis LeHew this grant year will NOT be rolled over and is included in the MOU & Grant
Gary McCollum Agreement. All dollars need to be expended by December 31, 2012.
Suzanne Puryear Enclosed is a copy of our standard grant agreement, which outlines the specific
Lisa Robertson requirements and conditions of your grant including invoice and reporting
Alvin Schexnider, Ph.D. collection, Please read carefully, sign and return the original agreement by
Bert Schmidt December 30, 2011.
Bev Sessoms Smart Beginnings SHR is pleased to be able to continue to support the work of
Marcy Sims Virginia Beach on behalf of young children.
Lisa Smith
David C. Stuckwisch, Ph.D. Yaitlin
re ,
Nancy Welch, MD Y�
Carole Whitener
Derain Whitney, Ph.D. BUrket
Director of Initiatives
S. Harry Young
Tradewinds Building, 112 Granby Street -Suite 500, Norfolk, VA 23510 757-226-8826: Fax: 757-226-8829 ; www.smartbeginningsshr.org
-118-
Item
118-
Item IV -K.13
ORDINANCES/RESOL UTIONS ITEM # 61590
Ordinance to TRANSFER funds to the Department of Emergency Medical
Services (EMS) and AUTHORIZE full-time positions re in-house lifesaving
services at the Resort Area Beaches
The following individuals registered to speak:
Kent Hinnant, 700 Greensboro Avenue, Phone: 422-3341, spoke in OPPOSITION of the Ordinance as he
has worked with the City on the oceanfront since 1958. VBLS has been in operation for eighty-two (82)
years. Until 1983, the lifeguard service was operated with no cost to the City. From a public safety
standpoint, when someone that has been providing a service for fifty (50) plus years states they can safely
patrol the beaches with 20 lifeguards and someone else comes in and states they can safely patrol the
beaches with less lifeguards, there should be cause for concern. Some of the most important innovations
were rejected by the City during the negotiation period and they are creating a public safety issue. It is
impossible for VBLS to compete with a government entity. This City is fortunate to have such an interesting
operation. The entire Public Safety Department works together to make it work. This operation is in its
third generation. VBLS operates because their love of lifeguarding and their love of this City. Since 1947,
we have operated out of the same building.
Tom Gill, Deputy Chief, VBLS, 804 Kennedy Avenue, Phone: 580-7391, spoke in OPPOSITION, stating that
this is a matter of trust. VBLS is a lifesaving organization and has been doing so for over eighty-two (82)
years. VBLS is a great partner with the Public Safety Departments in this City.
Ryan Eisenberg, 4811 Deming Court, Phone: 373-7926, spoke in OPPOSITION worked for VBLSfrom 2000
to 2009. This company deserves a lot of credit for the person he is. He began working with VBLS at age
sixteen (16) and competed with over one hundred (100) applicants for a spot on the team; requirements
included First Aid and CPR training, in water and on the stand training, and a grueling run -swim -run where
only the top finishers were selected. He described his first rescue and remembers having trouble sleeping
that night thinking of that man's well-being. These situations demand a lot from a beach lifeguard and he
never felt unprepared. He was taught, trained and tested by those that came before him and returned the
favor when he was promoted.
Margaret Zontini, 209 69th Street, Phone: 425-7360, spoke in OPPOSITION having been a Volunteer with
EMS for over 17 years. The employees of VBLS have always been professional, communicative, caring,
skilled and efficient with a willingness to go the extra distance. From IS` Street to 40`x` Street, thousands
enjoy the beach from June thru September. These trained lifeguard professionals are quick to assist
wherever and whenever needed.
Clay Camp, 710 Greensboro Avenue, Phone: 425-0177, spoke in OPPOSITION, having lived in the Beach
Borough since he was three (3) years old and he has been a Member of the Virginia Beach Volunteer Rescue
Squad since May 1977. The VBLS employees' skill level is without question and their communication system
could not be better. VBLS has shown a consistent high degree of respect for the EMS system. He expressed
his concern for the lack of a physical facility. At some point the need will be there. This is nota way to run
the Oceanfront service. He is also concerned about costs for start-up equipment. VBLS does a great job
keeping predominately adolescent staff motivated with team -building activities.
Dick Lamb, 1065 Caton Drive, Phone: 496-0936, spoke in OPPOSITION, having been friends and gym
buddies with VBLS for over fifteen (15) years. He sees good people doing a good job. Do not lessen or
weaken this service for the City of Virginia Beach. Please consider two important things: lifesaving and
keeping Virginia Beach very high on the list of safe beach vacation destinations.
Gary Felch, 604 Shoreham Court #201, Phone: 491-1178, spoke in OPPOSITION. He is employed as a
Captain with VBLS. Mr. Felch asked the members of the audience that were not speaking to stand.
January 24, 2012
_119-
Item
119-
Item IV -K.13
ORDINANCES/RESOLUTIONS ITEM # 61590(Continued)
Population at the Resort Beach has grown in excess of Three -Million during the Summer months. Each
Summer, VBLS employs over two hundred (200) lifeguards and over thirty (30) supervisors. They enjoy a
retention rate of 70% of guards from year to year. 25% of staff possess an EMT Certification or higher.
VBLS has an excellent relationship with all of the Public Safety Departments in the City of Virginia Beach.
Andy Bedinger, 4609 McGregor Drive, Phone: 377-9936, spoke in OPPOSITION and as a member of VBLS
since May 1999 and Virginia Beach Volunteer Rescue Squad since September 1999 with loyalty and
allegiance to both organizations who can offer a unique perspective on the question of who should guard our
beaches. His service with both organizations is based on two things: enjoyment of work and desire to help
the members of this community in times of need. With VBLS on duty, there are decades of supervisor
experience patrolling the beach at any given moment — nothing can replace or replicate that experience. He
would be just as hesitant to turn over the EMS system to anyone other than the current EMS Chiefs. He is
concerned that the collective experience of VBLS will disappear from the Oceanfront. Safety is about more
than just about money. Please allow VBLS to continue supporting the City of Virginia Beach being the great
place it is.
Christopher Jacobs, 2417 Bullock Trail, Phone: 615-0032, spoke in OPPOSITION. Mr. Jacobs is a local
trial Attorney, is a Life Member of Virginia Beach EMS and worked for VBLS in the 1990's. Just as
everyone else in the City, I am not looking forward to a rise in taxes or fees but what are we looking at is to
save these meager dollars? Risks, worker's compensation, liability risk and as a trial Attorney he would
argue against sovereign immunity. The City is self-insured and it comes from one pot? There is no
complaint that VBLS has done a poor job and the private entity bores the liability. Do not shift the liability
to the Government.
Scott Gandy, 509 Coastal Drive, Phone: 435-5830 spoke in OPPOSITION. Mr. Gandy is a small business
owner for the last fifty-seven (5 7) years. Mr. Gandby stated that if he could find one part of his business that
would work right for eighty—two (82) years, there is no way he would ever make any adjustment. Please
allow VBLS to continue.
David Bostic, 1340 Gannet Run, Phone: 285-0267 spoke in OPPOSITION, is a 49 -year resident of Virginia
Beach and is a teacher with VBCPSfor the past fifteen (15) years. Mr. Bostic is a Supervisor with VBLSfor
the past seven (7) years. Mr. Bostic is also a Director with the Jr. Lifeguard Camp offered by VBLS and had
over 140 participants last year. The campers are from Maryland, North Carolina, our surrounding cities
and Virginia Beach. The camp would not exist without the staff, resources and equipment provided by
VBLS.
Fred Green, 316 Teal Crescent, Phone: 288-0372 spoke in SUPPORT being a member of Sandbridge
Volunteer Rescue Squad and associated with the Civic League. The past lifesaving service did an adequate
job. Sandbridge Community never got to know the lifesaving service (VBLS). The EMS lifeguards bonded
with the community and has attended many Civic League meetings and Squad meetings.
Mike Maloney, 304 Teal Crescent, Phone: 721-2211 spoke in SUPPORT. Mr. Maloney is a 17 year resident
of Sandbridge and a proud dad of two former lifeguards in Sandbridge. He had great concern when the City
switched over to EMS but the service has been more professional and there is more community involvement.
Cindy Graf, 2800 Woods Duck Drive, Phone: 721-4088 spoke in SUPPORT, being a full-time resident of
Sandbridge. She has noticed, over the last two (2) years, there has been an increased interaction with the
lifeguards. She feels confident that if she had an emergency, she would want someone that was EMS trained.
January 24, 2012
-120 -
Item IV -K.13
ORDINANCESIPESOL UTIONS ITEM # 61590(Continued)
Nancy Marscheider, Executive Director, Virginia Beach Hotel Motel Association, spoke in OPPOSITION oil
behalf of the VBHMA Board of Directors. All of the hotels at the Virginia Beach Oceanfront support the
VBLS and the great job they have done all of these years and would like to see it continue.
Dave Foxwell, 3301 Heffington Drive, Phone: 672-6119 spoke in OPPOSITION as a lifelong resident of
Virginia Beach with over thirty-two (32) years of lifesaving experience as well as serving as the President of
the Local Virginia Beach Chapter of the United States Lifesaving Association and a Regional Delegate for
the USLA Mid -Atlantic Region. I have traveled from West Coast to East Coast; Gulf Coast to beaches of
Chicago and have seen all types of beach operations. The choice is which one is going to be at the Resort
this Summer. Please consider the experience. Lifesaving is a profession. You cannot put dollar signs on an
individual's life.
Kevin Martingayle, 211 61s` Street, Phone: 416-4009 spoke in OPPOSITION. Mr. Martingayle is the Legal
Advisor to Rescue 14 and a former lifeguard from 1988-1991. VBLS track record is unparallel. He does not
feel government should take over a small business. VBLS provides a tremendous amount of unidentified
benefits.
Anita Curry, 400 Rudee Point Road #104, Phone: 633-0190 spoke in OPPOSITION and stated that nothing
is broken. Ms. Curry was a lifeguard from 1977 — 1982, and the training she received is invaluable. Keep
VBLS contract in place and celebrate what a wonderful service this City has.
George Prazmark, 801 Toledo Place, Phone: 301-9565spoke in OPPOSITION. Mr. Praznark resides in
Lago Mar and has been a long distance ocean swimmer for the past thirty (30) years. The question he has
for the Members of City Council is why are you even considering this?
Julie Lavine, spoke in OPPOSITION as a lifelong resident of Virginia Beach, currently lives in Allenton and
is a teacher at Cape Henry. The City of Virginia Beach is fortunate to have afire department focus on fires,
EMS department to focus on medical issues and lifeguard service to focus of lifesaving services. Please
continue the VBLS Contract.
Tim Riley, 2012 Tuckahoe Ct., Phone: 721-3319 spoke in OPPOSITION, having been a citizen for twenty-
eight (28) years and feels that the beaches are safe. His concern is the unknown and if it is not broken, then
do not fix it.
Abby Hoobler, 305 51-'12 Street, Phone: 619-7414 spoke in OPPOSITION, having been a lifeguard with
VBLS for five (5) years and one (1) year as a Supervisor. VBLS has always provided the City with the most
professional, efficient and successful lifeguard service based on over eight (8) decades of experience.
Shifting to an EMS ran service would be a determent to the safety of the citizens and visitors. Ms. Hoobler
previously forwarded a letter to Members of City Council in support of VBLS.
Jimmy Frost, 2240 Windom Place, Phone: 343-6768, spoke in OPPOSITION. Please allow the VBLS to
continue as for the government to take this over would be wrong. Let VBLS do what they have been doing
successfully year after year.
January 24, 2012
-121 -
Itenz IV -K13
ORDINANCES/RESOLUTIONS ITEM# 61590(Continued)
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DENIED:
Ordinance to TRANSFER funds to the Department of Emergency Medical
Services (EMS) and AUTHORIZE full-time positions re in-house lifesaving
services at the Resort Area Beaches
Voting: 4-7
Council Members Voting Aye:
Robert M. Dyer, Vice Mayor Louis R. Jones, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
Glenn R. Davis, William R "Bill" DeSteph, Harry E. Diezel, Barbara M.
Henley John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin,
Council Members Absent.
None
January 24, 2012
1 AN ORDINANCE TO TRANSFER FUNDS AND
2 AUTHORIZE FTE'S IN THE FY 2011-12 OPERATING
3 BUDGET OF THE DEPARTMENT OF EMERGENCY
4 MEDICAL SERVICES FOR LIFESAVING SERVICES AT
5 THE RESORT AREA BEACHES AND TO AUTHORIZE THE
6 CITY MANAGER TO TAKE RELATED ACTIONS
7
8 WHEREAS, at its workshop session on August 16, 2011, the City Council
9 directed staff to issue a request for proposals ("RFP") for lifesaving services and also to
10 have the Department of Emergency Medical Services ("EMS") prepare a cost estimate
11 for providing these services "in-house;" and
12
13 WHEREAS, the City received one proposal in response to the RFP, from Virginia
14 Beach Lifesaving Services, Inc. ("VBLS"), which was referred to the RFP committee for
15 review to determine if the proposal fully qualified; and
16
17 WHEREAS, the "in-house" cost estimate was provided in a sealed envelope to
18 the City Auditor; and
19
20 WHEREAS, subsequent to the RFP committee finding the VBLS proposal was
21 fully qualified, both the VBLS proposal and the EMS cost estimate were evaluated
22 based on pricing for the same level of service after consideration of possible deduct
23 options; and
24
25 WHEREAS, the City Auditor reported a projected expenditure savings over the
26 five-year term of approximately $1.4 million if these services were provided "in-house"
27 by EMS; and
28
29 WHEREAS, it is the sense of City Council that the "in-house" option for lifeguard
30 services is in the best interest of the City.
31
32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
33 OF VIRGINIA BEACH, VIRGINIA, THAT,
34
35 1. $ 311,671 is hereby transferred from Contractual Services to Salaries and Fringe
36 Benefits in the FY 2011-12 Operating Budget of EMS; and
37
38 2. $ 50,216 is hereby transferred from the General Fund Reserve for Contingencies
39 to the FY 2011-12 Operating Budget of EMS; and
40
41 3. Two additional full-time positions and 1.02 part-time FTE's are authorized in the
42 FY 2011-12 Operating Budget of EMS; and
43
44 4. The City Manager is hereby authorized to take those steps necessary for EMS to
45 manage the lifesaving services for the Resort Area Beaches.
Denied by the Council of the City of Virginia Beach, Virginia, on the 24th day of
January, 2012.
APPROVED AS TO CONTENT
Management Services
CA12106
R-1
January 12, 2012
APPROVED AS TO LEGAL SUFFICIENCY:
it ney'i ice
Item IV -L.
PLANNING
1. LA PAZ, LLC, CIO CHRIS WOOD
Z CS2 ACQUISITION, LLC
3. BUDDHIST EDUCATION CENTER OF
AMERICA DONG HUNG TEMPLE, INC.
-122-
ITEM # 61591
4. MCQ BUILDERS, LLC and KROLL ENTERPRISES, II, LLC,
5. Ordinance to AMEND Sections 2100 and
2102 of the City Zoning Ordinance (CZO)
pertaining to the purpose and intent of Article
21 (Workforce Housing) re definitions and
eligibility requirements(Deferred January 10,
2012)
NONCONFORMING USE
VARIANCE
MODIFICATOIN OF
CONDITIONAL USE PERMIT
(Approved April 2, 2011)
MODIFICATION OF
PROFFERS
January 24, 2012
-123 -
Item IV -L.1, 2, 3, 4 and 5.
PLANNING ITEM # 61592
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION, BY CONSENT, Item I (Councilman Wood Abstaining), Item 2, Item 3 Item 4, Item 5
(Councilman DeSteph and Moss Verbal Nay) of the PLANNING BY CONSENT AGENDA.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 24, 2012
-124 -
Item IV -L.1.
PLANNING ITEM # 61593
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, AS
CONDITIONED, Application of LA PAZ, LLC, CIO CHRIS WOOD re a Nonconforming Use to renovate
and ADD to the existing structure at 2256 Calvert Street (DISTRICT 5 — LYNNHAVEN)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of LA PAZ, LLC, CIO CHRIS WOOD re a
Nonconforming Use to renovate and ADD to the existing structure at
2256 Calvert Street (GPIN 1590710664).
DISTRICT 5 - LYNNHAVEN
The following conditions shall be required:
The exterior renovations and additions to the existing structure shall
substantially adhere to the submitted Site Plan entitled "Survey Exhibit, Lot 14,
Block 13, Section G, Cape Henry", dated August 12, 2011, and prepared by
Martin Engineering. Said Site Plan has been exhibited to the City Council and
is on file in the Planning Department.
2. The exterior renovations and additions to the existing structure shall
substantially adhere to the submitted perspective building rendering, entitled
by City staff as "Rendering for 2256 Calvert Street, dated December 19,
2011. " Said rendering has been exhibited to the City Council and is on file in
the Planning Department.
This Ordinance shall be effective in accordance with Section 107(of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Fourth day of January,
Two Thousand Twelve.
January 24, 2012
Item IV -L.1.
PLANNING
Voting: 10-0 (By Consent)
Council Members Voting Aye:
-125 -
ITEM # 61593 (Continued)
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary
Wilson
Council Members Voting Nay:
Council Members Absent:
None
Council Members Abstaining
James L. Wood
January 24, 2012
1 A RESOLUTION AUTHORIZING THE
2 ENLARGEMENT OF A NONCONFORMING
3 USE ON PROPERTY OWNED BY LA PAZ,
4 LLC AND LOCATED AT 2256 CALVERT
5 STREET
6
7 WHEREAS, La Paz, LLC (hereinafter the "Applicant") has made application to
8 the City Council for authorization to enlarge a nonconforming use located at 2256
9 Calvert Street, in the R-7.5, Residential Zoning District, by adding exterior renovations
10 and additions to the existing duplex structure; and
11
12 WHEREAS, the duplex structure is not currently allowed in the R-7.5 Zoning
13 District, and is nonconforming as it was built prior to the adoption of the applicable
14 zoning regulations; and
15
16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
17 enlargement of a nonconforming use is unlawful in the absence of a resolution of the
18 City Council authorizing such action upon a finding that the proposed use, as enlarged,
19 will be equally appropriate or more appropriate to the zoning district than is the existing
20 use;
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 That the City Council hereby finds that the proposed use, as enlarged, will be
26 equally appropriate to the district as is the existing nonconforming use under the
27 conditions of approval set forth hereinbelow.
28
29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
30 BEACH, VIRGINIA:
31
32 That the enlargement of the nonconforming use is hereby authorized, upon the
33 following conditions:
34
35 1. The exterior renovations and additions to the existing structure shall substantially
36 adhere to the submitted site plan entitled "Survey Exhibit, Lot 14, Block 13,
37 Section G, Cape Henry", dated August 12, 2011, and prepared by Martin
38 Engineering. Said plan has been exhibited to the City Council and is on file in
39 the Planning Department.
40
41 2. The exterior renovations and additions to the existing structure shall
42 substantially adhere to the submitted perspective building rendering, entitled by
43 city staff as "Rendering for 2256 Calvert Street, dated December 19, 2011. Said
44 rendering has been exhibited to the City Council and is on file in the Planning
45 Department.
46
47
48
49
Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day
Of-TANIIARY , 2012.
APPROVED AS TO CONTENT
'
PlanAi '�Pepartment
CA12105
R-2
January 12. 2012
APPROVED AS TO LEGAL SUFFICIENCY:
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-126-
Item
126-
Item IV -L.2.
PLANNING ITEM # 61594
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, AS
CONDITIONED, application of CS2 ACQUISITION, LLC for a Variance to §4.4(b) of the Subdivision
Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 4800
Dolton Drive (DISTRICT 2 — KEMPSVILLE)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of CS2 ACQUISITION, LLC for a Variance
to §4.4(b) of the Subdivision Ordinance that all newly created lots meet
the requirements of the City Zoning Ordinance (CZO) at 4800 Dolton
Drive (GPIN 1477212202)
DISTRICT 2 - KEMPSVILLE
The following conditions shall be required:
The parcels shall be subdivided substantially in accordance with the submitted
"Cambria At Cornerstone — Phase 11 Compiled Lot Layout Exhibit"; dated
September 29, 2011, and prepared by the Timmons Group. Said exhibit has been
exhibited to the City Council and is on file in the Planning Department.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Forth day of January,
Two Thousand Twelve
January 24, 2012
Item IV -L.2.
PLANNING
Voting: 11-0 (By Consent)
Council Members Voting Aye:
-127 -
ITEM # 61594 (Continued)
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Cif
January 24, 2012
-128 -
Item IV -L.3.
PLANNING ITEM # 61595
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT application of BUDDHIST EDUCATION CENTER OF
AMERICA DONG HUNG TEMPLE, INC. for a Modification of a Conditional Use Permit re plan and
building elevations (approved April 2, 2011) for a religious use at 423 Davis Street (DISTRICT 2 —
KEMPSVILLE)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of BUDDHIST EDUCATION CENTER
OF AMERICA DONG HUNG TEMPLE, INC. for a Modification of a
Conditional Use Permit re plan and building elevations (approved April
2, 2011) for a religious use at 423 Davis Street (GPIN1467493165)
DISTRICT 2 — KEMPSVILLE
The following conditions shall be required:
The applicant shall obtain all necessary alteration permits and a Certificate of Occupancy
for the change of use from the Department of Planning Permits and Inspections Division
and the Fire Department before occupancy and the use of the existing building for a
religious facility.
2. The applicant is notified that the installation of curb and gutter may be required during the
Phase Two improvements.
3. A Site Plan shall be submitted to the Department of Planning, Development Services Center,
for the development of the required parking, stormwater management and landscaping
improvements to this site.
4. All statues shall meet the required front, rear and side yard setbacks.
5. Prior to installation of lighting for the paved parking lot, a photometric plan shall be
submitted to the Department of Planning for review and approval.
6. When the property is developed, it shall be developed substantially as shown on the exhibits
entitled "Buddhist Education Center ofAmerica (Center) Sheets 1 - 7 of 7" undated, a copy
of which is on file with the Department of Planning.
The existing landscape buffer along the perimeter of the property shall remain and shall be
enhanced with native Evergreen trees adjacent to any residential dwelling area.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning
Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Forth day of January,
Two Thousand Twelve.
January 24, 2012
Item IV -L.3.
PLANNING
Voting: 11-0 (By Consent)
Council Members Voting Aye:
BW42
ITEM # 61595 (Continued)
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 24, 2012
Iteni IV -L.4.
PLANNING
-130-
ITEM # 61596
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council MODIFIED, BY
CONSENT, application of MCQ BUILDERS, LLC and KROLL ENTERPRISES, II, LLC, for a
Modification of Proffers No. 3 and 4 (approved November 25, 2008) at Dam Neck Road and Southcross
Drive (DISTRICT 7 - PRINCESS ANNE)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of MCQ BUILDERS, LLC and KROLL
ENTERPRISES, It, LLC, for a Modification of Proffers No. 3 and 4
(approved November 25, 2008) at Dam Neck Road and Southcross Drive
(GPINs 1484263789, 1484261703, 1484262739, 1484177090,
1484260665, 1484262817, 1484260500, 1484260548, 1484261859,
1484177024, 1484261404, 1484260971, 1484169474, 1484167971,
1484261522, 1484260903, 1484169806, 1484261549, 1484167623,
1484169873, 1484261685, 1484169925, 1484260871, 1484261793,
1484262336, 1484262463, 1484262580, 1484271036, 1484263507,
1484263635, 1484263752, 1484264806, 1484264935, 1484273060,
1484179191, 1484270068, 1484272082, 1484272015, 1484169347,
1484164715)
DISTRICT 7 - PRINCESS ANNE
The following condition shall be required:
1. An Amended Agreement, encompassing proffers, shall be recorded with the Clerk of
Circuit Court and is hereby made a part of the record.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Forth day of January,
Two Thousand Twelve.
January 24, 2012
Item IV -L.4.
PLANNING
Voting: 11-0 (By Consent)
Council Members Voting Aye:
-131 -
Item
131 -
ITEM # 61596
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 24, 2012
In Reply Refer To Our File No. DF -8228
TO: Mark D. Stiles
FROM: B. Kay Wilson
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: January 13, 2012
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; MCQ Builders, LLC & Kroll Enterprises II,
LLC
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on January 24, 2012. 1 have reviewed the subject proffer agreement, dated
December 15, 2011 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.
B KW/ka
Enclosure
cc: Kathleen Hassen/
PREPARED BY:
3 SITE, -DCORDONT.
1 APERN & LEVY, P.C.
FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND
CONDITIONS
McQ BUILDERS, LLC -1, a Virginia limited liability company
KROLL ENTERPRISES II, L.L.C., a Virginia limited liability company
VILLAGE BEND, L.L.C., 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 15th day of December, 2o11, by and between McQ
BUILDERS, LLC -1, a Virginia limited liability company, party of the first part, Grantor;
KROLL ENTERPRISES II, L.L.C., a Virginia limited liability company, party of the second
part, Grantor; VILLAGE BEND, L.L.C., a Virginia limited liability company, party of the
third part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, party of the fourth part, Grantee.
WITNESSETH:
WHEREAS, the party of the third part has recorded two (2) plats subdividing
32.58o acres of land located in the Princess Anne District of the City of Virginia Beach,
Virginia (hereinafter referred to as the "Property") which plats are entitled, "PLAT OF
SUBDIVISION VILLAGE BEND PHASE to CITY OF VIRGINIA BEACH, VIRGINIA" and
"PLAT OF SUBDIVISION VILLAGE BEND PHASE 1B CITY OF VIRGINIA BEACH,
VIRGINIA", which plats are recorded in the Office of the Clerk of the Circuit Court of the
City of Virginia Beach, Virginia, as Instrument Number 20110920000973170 and
Instrument Number 20111213001274240; and
GPIN: 1484-26-3789
1484-26-2336
1484-26-3635
1484-27-3o6o
1484-27-Oo68
1484-16-7971
1484-26-1522
1484-26-o903
1484-16-98o6
1484-26-1549
1484-26-0500
1484-26-2463
1484-26-3752
1484-27-2082
1484-17-9191
1484-16-9873
1484-26-1685
1484-16-9925
1484-26-o871
1484-26-1793
Prepared Bv: R. Edward Bourdon, Jr., Esquire
Sykes, Bourdon, Ahern & Levy, P.C.
281 Independence Blvd.
Pembroke One, Fifth Floor
Virginia Beach, Virginia 23462
1
1484-16-9474
1484-26-258o
1484-26-48o6
1484-27-2015
1484-16-9347
1484-26-1703
1484-26-2739
1484-17-7090
1484-26-0665
1484-26-2817
1484-16-7623
1484-26-3507
1484-26-4935
1484-27-1036
1484-16-4715
1484-26-0548
1484-26-1859
1484-17-7024
1484-26-1404
1484-26-0971
PREPARED BY:
A SI ES. BOURDON,
0 A11FRh & LET P.C.
WHEREAS, the party of the third part is the owner of seventeen (17) lots, Common
Area 1 and the one (i) Residual (future development) Parcel, as depicted on the
subdivision plats, containing a total of 25.923 acres which lots and parcel are more
particularly described in Exhibit "A" attached hereto and incorporated herein by this
reference; and
WHEREAS, the party of the first part is the owner of ten (10) lots as depicted on the
subdivision plat containing a total of 1.925 acres, which lots are more particularly
described in Exhibit "B" attached hereto and incorporated herein by this reference; and
WHEREAS, the party of the second part is the owner of ten (10) lots as depicted on
the subdivision plat containing a total of 1.915 acres, which lots are more particularly
described in Exhibit "C" attached hereto and incorporated herein by this reference; and
WHEREAS, the Grantors as the owners of all the Parcels and Lots which comprise
the Property have initiated a modification to a conditional amendment to the Zoning Map
of the City of Virginia Beach, by petition addressed to the Grantee so as to modify
conditions to the Zoning Classification of the Property; and
WHEREAS, the Grantors have requested Grantee to permit this modification of the
previously proffered Covenants, Restrictions and Conditions dated November 29, 2007
and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach,
Virginia as Instrument #20081205001382120 (hereinafter "2008 Proffers"), to reflect an
amendment applicable to the land use plan on the Property; and
WHEREAS, with the exception of Proffers numbered "3" and "4", it is the Grantors'
intent to reaffirm all of the covenants, restrictions and conditions set forth in the 2008
Proffers; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and- other land development legislation; and
WHEREAS, the Grantors acknowledge that competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the area of
the Property and at the same time to recognize the effects of change, and the need for
various types of uses, certain reasonable conditions governing the use of the Property for
the protection of the community that are not generally applicable to land similarly zoned
are needed to cope with the situation to which the Grantors' proposed modification of
conditions to the zoning gives rise; and
91
PREPARED BY:
3 SITES. ROURDON.
11 A14ERN & LEVY. P.C.
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed modification to
the existing zoning conditions with respect to the Property, the following reasonable
conditions related to the physical development, operation, and use of the Property to be
adopted, which conditions have a reasonable relation to the proposed modification and the
need for which is generated by the proposed modification.
NOW, THEREFORE, the Grantors, their successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body and without any
element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby make the following amended declaration of conditions and
restrictions which, along with the unchanged covenants, conditions and restrictions set
forth in the 2oo8 Proffers shall restrict and govern the physical development, operation,
and use of the Property and hereby covenant and agree that this declaration shall
constitute covenants running with the Property, which shall be binding upon the Property
and upon all parties and persons claiming under or through the Grantors, their successors,
personal representatives, assigns, grantees, and other successors in interest or title:
1. Proffer numbered 3 as set forth in the 20o8 Proffers is deleted and the
following covenant, restriction and condition is proffered in its place:
3. When the Property is developed, it shall be subdivided into no
more than one hundred three (103) single family residential building lots.
The homes will be built on a crawlspace or a minimum 12" elevated solid
foundation (i.e. slab) with a front brick skirt. Two story homes shall be
constructed with a minimum 2300 square feet of enclosed heated living area
and one story homes shall be constructed with a minimum of 2100 square
feet of enclosed heated living area. Each home shall have a two (2) car
garage (minimum dimension 18' x 18') and corresponding driveway. The
architectural designs and building materials utilized shall be substantially as
exhibited on the pictures labeled "Home Styles at Village Bend" which have
been exhibited to the Virginia Beach City Council and are on file with the
Virginia Beach Planning Department (the "Pictures"). When constructed,
each home shall have, at a minimum, 25 -year architectural shingles,
maintenance free vinyl soffits, and sodded front yards.
3
PREPARED BY:
6,13 SYKES, BOURDON,
iil A11£RN & LEVY. P.C.
2. Proffer numbered 4 as set forth in the 2008 Proffers is deleted and the
following covenant, restriction and condition is proffered in its place:
4. When the Property is developed, the party of the first part shall
record a Declaration submitting the Lots and all of the Property outside the public
rights of way to a mandatory membership Property Owners' Association which
shall be responsible for maintaining the park, playground equipment, all open
spaces, common areas, vegetated buffer easement, landscaping, entrance feature
and other improvements on the Property as depicted on the Site Plans. The
Declaration shall also include a Deed Restriction which precludes further
subdivision of the Property to create any additional residential building lots in
excess of one hundred and three (103).
3. Except for the modification by replacement of Proffers numbered 3 and 4,
the remaining ten (io) proffered covenants, restrictions and conditions as set forth in the
442oo8 Proffers" are hereby ratified and affirmed.
The above conditions, having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is
part of a comprehensive implementation of a new or substantially revised Zoning
Ordinance until specifically repealed. The conditions, however, may be repealed,
amended, or varied by written instrument recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and executed by the record owner of the
Property at the time of recordation of such instrument, provided that said instrument is
consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee, after a public hearing before the
Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code
of Virginia, 195o, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
The Grantors covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
L!
PREPARED BY:
W SITES, ROURDON.
N A -URN & L[Nq' P.C.
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied; and (b) to bring legal action or suit to insure compliance with
such conditions, including mandatory or prohibitory injunction, abatement, damages, or
other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantors shall petition the governing body for the review thereof
prior to instituting proceedings in court; and
0
(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 Grantors and the Grantee.
l
WITNESS the following signature and seal:
Grantor:
McQ Builders, LLC -1, a Virginia limited liability
company
i
r _
i
BY%tet �, (SEAL)
William H. McCutcheon, Jr., Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this 6th day of January,
2012, by William H. McCutcheon, Jr., Manager of McQ Builders, LLC -1, a Virginia limited
liability company, Grantor.
Notary Public V
My Commission Expires: August 31, 2014
Notary Registration No.: 192628
PREPARED BY:
U SITES, PO R2DON.
0 ARM & Ltd'. P.C.
I
WITNESS the following signature and seal:
Grantor:
Kroll Enterprises II, L.L.C., a Virginia limited liability
company
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
SEAL)
The foregoing instrument was acknowledged before me this 5 t day of January,
2012, by Jeffrey Kroll, Managing Member of Kroll Enterprises II, L.L.C., a Virginia limited
liability company, Grantor.
_'4;'_'_
f6,
Notary Public
My Commission Expires: August 31, 2014
Notary Registration No.: 192628
PREPARED BY:
1.10 SYKES, BOURDON.
0 ATIERN & LEVI', P.C.
7
WITNESS the following signature and seal:
Grantor:
Village Bend, L.L.C., a
company
Virginia limited liability
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
(SEAL)
The foregoing instrument was acknowledged before me this 5th day of January,
2012, by John Bishard, Managing Member of Village Bend, L.L.C., a Virginia limited
liability company, Grantor.
A�Itln 1140 ,- 6 a
Notary Public
My Commission Expires: August 31, 2014
Notary Registration No.: 192628
PREPARED BY:
�'i SUES, ESQ POUPDONI ,
A VON & LLAII, P.C.
M
EXHIBIT "A"
VILLAGE BEND, L.L.C. LOTS:
ALL THOSE certain lots, pieces or parcels of land, together with the buildings and
improvements thereon, and the appurtenances thereunto belonging, situate, lying and
being in the City of Virginia Beach, Virginia and being known, numbered and designated
as Lots 47, 83, 84, 41, 42, 43, 44, 45, 46, 48, 49, 50, 51, 52, 53, 54, 55 and 85, COMMON
AREA 1, REMAINDER OF PARCEL B -1-A, as shown on the plats entitled "PLAT OF
SUBDIVISION VILLAGE BEND PHASE 1A CITY OF VIRGINIA BEACH, VIRGINIA",
dated July 20, 2011 and "PLAT OF SUBDIVISION VILLAGE BEND PHASE 1B CITY OF
VIRGINIA BEACH, VIRGINIA", dated November 18, 2011, made by AES Consulting
Engineers, which plats are recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia as Instrument Number 2011092000097317o and Instrument
Number 20111213001274240.
GPIN: 1484-26-3789
1484-26-2336
1484-26-3635
1484-27-3o6o
1484-27-Oo68
PREPARED BY:
(11 SUES, ROURDON.
ill ,JIDIN & LEW, R.C.
1484-26-0500
1484-26-2463
1484-26-3752
1484-27-2082
1484-17-9191
W
1484-16-9474
1484-26-258o
1484-26-48o6
1484-27-2015
1484-16-9347
1484-16-7623
1484-26-3507
1484-26-4935
1484-27-1036
1484-16-4715
EXHIBIT "B"
McQ BUILDERS, LLC -1 LOTS:
ALL THOSE certain lots, pieces or parcels of land, together with the buildings and
improvements thereon, and the appurtenances thereunto belonging, situate, lying and
being in the City of Virginia Beach, Virginia and being known, numbered and designated
as Lots 76, 78, 8o, 82, 94, 96, 98, loo, 102 and 103, as shown on the plat entitled "PLAT
OF SUBDIVISION VILLAGE BEND PHASE 1A CITY OF VIRGINIA BEACH, VIRGINIA",
dated July 20, 2011 and made by AES Consulting Engineers, which said plat is recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument
Number 20110920000973170.
GPIN: 1484-16-7971
1484-16-9873
1484-26-1522
1484-26-1685
1484-26-o903
1484-16-9925
PREPARED BY:
IM SITIES. BOUPDON,
101 AIIIERN & LEVY. P.C.
10
1484-26-1703 1484-26-0548
1484-26-2739 1484-26-1859
PREPARED BY:
110 SYKES, BOURDON.
A ANON & LEVY, P.C.
EXHIBIT "C"
KROLL ENTERPRISES II, L.L.C. LOTS:
ALL THOSE certain lots, pieces or parcels of land, together with the buildings and
improvements thereon, and the appurtenances thereunto belonging, situate, lying and
being in the City of Virginia Beach, Virginia and being known, numbered and designated
as Lots 56, 57, 77, 79, 81, 93, 95, 97, 99 and lol, as shown on the plat entitled "PLAT OF
SUBDIVISION VILLAGE BEND PHASE 1A CITY OF VIRGINIA BEACH, VIRGINIA",
dated July 20, 2011 and made by AES Consulting Engineers, which said plat is recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument
Number 20110920000973170.
GPIN: 1484-17-7090 1484-17-7024 1484-16-9806 1484-26-0871
1484-26-0665 1484-26-1404 1484-26-1549 1484-26-1793
1484-26-2817 1484-26-0971
\\Sykesw2k\users\AM\Mod of Proffers\McQ Builders\ist Amendment to Proffers—Clean 1-04-12.doc
11
Item IV -L. S.
PLANNING
-132 -
ITEM # 61597
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT.
Ordinance to AMEND §§ 2100 and 2102 of the City Zoning Ordinance
(CZO) pertaining to the purpose and intent of Article 21 (Workforce
Housing) re definitions and eligibility requirements (Deferred January
10, 2012)
Voting: 9-2 (By Consent)
Council Members Voting Aye.-
Glenn
ye:
Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley,
Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E.
Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
William R. "Bill" DeSteph and John D. Moss
Council Members Absent:
None
January 24, 2012
1
2 AN ORDINANCE TO AMEND SECTIONS
3 2100 AND 2102 OF THE CITY ZONING
4 ORDINANCE, PERTAINING TO THE
5 PURPOSE AND INTENT OF ARTICLE 21
6 (WORKFORCE HOUSING) OF THE CITY
7 ZONING ORDINANCE, DEFINITIONS, AND
8 ELIGIBILITY REQUIREMENTS FOR
9 WORKFORCE HOUSING
10
11 WHEREAS, the public necessity, convenience, general welfare and good zoning
12 practice so require;
13
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA: `
16
17 That Section 2100 of the City Zoning Ordinance, pertaining to the purpose and
18 intent of Article 21 (Workforce Housing) is hereby amended and reordained, to read as
19 follows:
20
21 Sec. 2100. Purpose and intent.
22
23 The purpose and intent of this article is to encourage the development of high -
24 quality housing that is --{4} affordable by households with annual incomes of betweee
25
26 ,
27 , falling
28 within a prescribed range for prospective purchasers and prospective renters of
29 workforce housing respectively, set forth in the Workforce Housing provisions of
30 Chapter 16 of the City Code and who live or work in Virginia Beach. Because such
31 households generally, although not uniformly, consist of one (1) or two (2) working
32 members, such housing is termed "workforce housing." In order to accomplish that goal,
33 this article establishes incentives for the construction of workforce housing in areas of
34 the city, including Strategic Growth Areas, in which the Comprehensive Plan recognizes
35 increased density to be appropriate. Equally importantly, this article also ensures that
36 workforce housing will be well-designed, of high quality, and well -integrated into the
37 overall development of which it is a component.
38
39 COMMENT
40 The amendment deletes enumeration of the exact ranges of incomes necessary for
41 qualification for workforce housing. Because the exact ranges are specified in the workforce
42 housing provisions set forth in Chapter 16 of the City Code, it is unnecessary to do so in the City
43 Zoning Ordinance provisions as well.
44
45 ....
46
47 Sec. 2102. - Definitions.
48
49 As used in this article, the following terms shall be defined as follows:
50
51 (a) Affordable. Housing is considered affordable if no more than
52 approximately thirty (30) percent of the gross household income of the purchaser or
53 renter is spent on direct housing costs as set forth in Article VIII of Chapter 16 of the
54 City Code. For buyers, such costs include mortgage principal, interest, taxes,
55 homeowner's insurance, mandatory homeowners' association dues and condominium
56 fees, but do not include utilities or other related housing costs. For renters, such costs
57 include rent payments and an allowance for tenant -paid utilities other than cable
58 television and telephone service, but do not include other related housing costs.
59
60 (b) Affordability level statement. A statement of the number of workforce
61 housing units that are affordable to eligible buyers at eighty (80) peMent, niRety (90)
62 , one hundFed ten (110) peFGent and one huRdF
63 , or to eligible renters at sixty
64 , eighty (89) perGent ninety (90) perGent and, wheFe
65 designated percentages of
66 Area Median Income.
67
68 (c) Area median income (AMI). The Area Median Income for the Virginia
69 Beach -Norfolk -Newport News, Virginia Metropolitan Statistical Area (MSA) published
70 annually by the U.S. Department of Housing and Urban Development (HUD) and
71 adjusted for household size.
72
73 (d) Bonus density. An increase in the maximum allowable dwelling unit
74 density on a property attributable to the provision of workforce housing on that property.
75
76 (e) Eligible buyer. A person whose workforce housing application has been
77 approved and who meets the home ownership requirements of the workforce housing
78 program. These requirements center on gross annual income, financial assets, and
79 location where one the prospective buyer works and lives.
80 housing URit, annual gFess inGorne must generally be behyeen eighty (80) peFGent and
81
2
82
83 (f) Eligible renter. A person whose workforce housing application has been
84 approved and who meets the rental requirements of the workforce housing program.
85 These requirements center on gross annual income, financial assets, and location
86 where eee the prospective renter works and lives. unit,
-
87 annual g a Fnu6t generally be behyeeR SiXty (60) peFGeRt and RiRety (90)
88 peFGeRt of AFea MediaR InGOFne OF,
89
90
91 (g) Strategic growth area (SGA). Areas of the city that are designated in the
92 Comprehensive Plan to absorb most of city's future growth, both residential and non -
93 residential. These areas, which are planned for more intensive uses than most other
94 areas of the city, are characterized by the integration, not separation, of diverse but
95 compatible uses including, where appropriate, residential uses.
96
97 (h) Workforce housing (WFH). Housing that is generally affordable to
98 households with working members who live or work in the City of Virginia Beach. For
99 home ownership, it is housing that is priced to be affordable to households with annual
100 incomes
101 within a range prescribed in Section 16-46 of the City Code. For rentals, it is housing
102 that is priced to be affordable to households with annual incomes "o+weeR sixty (69)
103 ,
104 within a range
105 prescribed in Section 16-51 of the City Code.
106
107 (i) Workforce housing discount. The difference in sales price between a
108 market rate unit and an equivalent workforce housing unit. This amount is calculated to
109 be the reduction in sales price necessary to make a workforce housing unit affordable to
110 a household at a targeted income level.
111
112 (j) Workforce housing unit (WFH unit). A dwelling unit that is reserved for
113 sale or rent by an eligible buyer or eligible renter, as the case may be, at a price
114 incorporating the workforce housing discount. Workforce housing units are constructed
115 as a result of the bonus density provisions that allow the construction of a greater
116 number of dwelling units on a specific parcel of land than is otherwise allowed in
117 exchange for the provision of workforce housing on the parcel.
118
119
120
121
3
122
123
124
125
126
127
128
COMMENT
The amendments delete language that is duplicative of language in the City Code Chapter
16 workforce housing provisions, and is therefore unnecessary.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the
129 24th day of January_, 2012.
CA -12052
R-3
December 14, 2011
APPROVED AS TO CONTENT:
Planning
APPROVED AS TO LEGAL SUFFICIEN
City Attorney's Office
APPROVED AS TO CONTENT:
),atm-
Dek
of Housing and Neighborhood
Preservation
2
-133 -
Iters IV -M.
APPOINTMENTS ITEM # 61598
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BOARD OF BUILDING CODE APPEALS
COMMUNITY MEDICAL ADVISORY COMMITTEE
COMMUNITY SER VICES BOARD
HEALTH SERVICES ADVISORY BOARD
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
PARKS and RECREATION COMMISSION
PLANNING COMMISSION
SOCIAL SERVICES BOARD
January 24, 2012
-134 -
Item IV-M.I.
APPOINTMENTS ITEM # 61599
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED FROM ALTERNATE TO
MEMBER:
LARRY W. SHA CKLEFORD
GEORGE N. TZAVARAS
3 year term: 0310112012-0212812015
PERSONNEL BOARD
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay.
None
Council Members Absent:
None
January 24, 2012
Nam
Item IV -P
ADJOURNMENT ITEM # 61600
Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 9:02 P.M.
Amanda Finley -Barnes, CMC
Deputy City Clerk
Ruth Hodges Fraser, MMC
City Clerk
City of Virginia Beach
Virginia
William D. Sessoms, Jr.
Mayor
January 24, 2012
-135 -
Item IV -P
ADJOURNMENT ITEM # 61600
Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 9:02 P.M.
, ;-- - - �--A- - - 4 � �-
Amanda Finley -Barnes, CMC
Deputy City Clerk
th Hodges Fraser, MMC
City Clerk
City of Virginia Beach
Virginia
William D. D. Sessoms, Jr.
Mayor
January 24, 2012