APRIL 4, 2017 MINUTES fo P0Y
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 4, 2017
Mayor William D. Sessoms, Jr., called to order the City Council Briefings on the FY2017-I8
RESOURCE MANAGEMENT PLAN (BUDGET) re the COMMONWEALTH'S ATTORNEY in the
City Council Conference Room, Tuesday,April 4, 2017, at 2:30 P.M.
Council Members Present:
Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
2
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
COMMONWEALTH ATTORNEY'S OFFICE
ITEM#66919
2:30 P.M.
Mayor Sessoms welcomed Colin Stolle, Commonwealth's Attorney. Mr. Stolle expressed his appreciation
to City Council for their continued support:
Office of the
Commonwealth's Attorney
Budget Workshop April 4, 2017
Colin Stolle,Commonwealth's Attorney
The Department's Operating Budget decreased 0.1%from FY2016-17:
"Commonwealth's Attorney" Operating Budget
Program Unit FY 16-17 FY 16-17 FY 17-18 FY 17-18 Change FY 17
Amended FTE Proposed FTE Amended to FY 18
Proposed
Judicial $8,096,265 82.93 $8,380,781 82.91 $284,516 3.5%
Victim Witness $782,362 11.92 $792,808 11.92 $10,446 1.3%
Grant
DEA Seized
$400,000 0 $100.000 q $(300,000) (75%)
Property
Total $9,278,627 94.85 $9,273,589 94.83 5(5,038) (0.1%)
Total without $8,878,627 94.85 $9,173,589 94.83
DEA
April 4, 2017
3
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
COMMONWEALTH ATTORNEY'S OFFICE
ITEM#66919
(Continued)
64.7%of the Department's Budget is from the General Fund with 91.5%expenditures for Personnel.'
FY 2017-18 Budget
Revenue by Category or by Fund
$100 ■General Fund
1. ■SEA Seired Property Fund Balance $791,039
$561,588, ■Federal and State DOS Grant 8.5%
6.1% •State Compensation Board
Appropriation by Category
$41,48:.590
FI'` 915%
a Personnel •Operation;
Below are the Department's Significant Issues:
"Commonwealth's Attorney"
Significant Issues
r This year we created a DUI/Felony traffic team
• Accomplished by reorganizing team and working with courts on docketing
improvements
▪ Experienced attorneys and paralegals to handle complex legal arguments
▪ 1,947 DUI related cases(55 of them were felonies)
Handled over 17,000 criminal charges last fiscal year
• Due to the increase in the use of forensic science and technology,cases are
becoming more complex,requiring more time for advanced case preparation.
• Due to ever-changing case law,attorneys are spending more time reading and
researching to be thoroughly prepared for court.
The office prosecuted last year:
• 2,920 felony property crimes
> 1,410 violent crimes
> 1,730 felony drug offenses
April 4, 2017
4
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
COMMONWEALTH ATTORNEY'S OFFICE
ITEM#66919
(Continued)
Office of the Commonwealth's Attorney
Significant Issues (continued)
' Although not statutorily required the office prosecuted last year:
> 2,285 domestic violence charges
> 1,947 misdemeanor DUI related charges
> 1,913 criminal city misdemeanor appeals(of which over 148 were DUI related)
• During the week of March 20,2017,the Commonwealth's Attorney's
Office handled:
> 554 felony cases in Circuit Court
> 53 bond hearings;26 bond appeal hearings;7 detention hearings
D 204 determination of counsel hearings
> 66 sentencing hearings
D 44 preliminary hearings
> 114 revocation hearings
D 142 individual indictments(221 charges)from March 2017 Grand Jury
Conclusions
The proposed city budget for the Commonwealth's Attorney's
Office will enable the City of Virginia Beach to continue to have:
> Higher than the national average conviction rates,
D A continued decrease in crime rates(in part due to successful prosecution),
> The ability to keep pace with advanced legal practices and technology,
D More prosecutorial assistance in complicated misdemeanor cases,
> Continued community outreach to the citizens of Virginia Beach,providing
them with useful tools and knowledge to protect themselves from crime,
Ensuring a safe community for citizens and tourists.
Mr. Stolle advised since the body camera program is not "live", the 2nd year employees originally
proposed will not be hired. Mayor Sessoms expressed his appreciation to Mr. Stolle and the entire
Department for a job well done.
April 4, 2017
5
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
SHERIFF and CORRECTIONS
ITEM#66920
2:33 P.M.
Mayor Sessoms introduced and welcomed Sheriff Ken Stolle. Sherriff Stolle expressed his appreciation to
City Council for their continued support:
A
SHERJPr
od Y om
e cMp O�4
Virginia Beach Sheriff's Office
Budget Workshop April 4, 2017
Ken Stolle
Sheriff/High Constable
The Department's Operating Budget increased 2.9%from FY2016-17:
111.
4' Sheriff's Office Operating Expenditures ;
FY 16-17 FY 16- FY 17-18 FY 17- Change FY 17
Program Unit Amended 17 FTE Proposed 18 FTE Amended to FY 18
Proposed
Admin $3,424,837 34.49 $3,186,939 32.49 $1237,898) (6.9%)
Court Support 4,658,348 75.64 4,710,643 75.51 52,295 1.1%
Corrections 29,722,300 297.89 30,043,782 298.49 321,482 1.1%
Care Mart 461,141 8.67 432,968 7.8
Booking 3,045,804 44.0 3,049,425 44.0 3,621 0.1%
Work Force 840,651 10.0 1,220,440 14.0 379,789 45.2%
Inmate Support 2,397,005 42.05 2,580,618 42.45 183,613 7.7%
LETA 1,277,566 13.7 1,448,215 16.7 170,649 13.4%
Reserves 0 NA 504.285 NA 504.285 100%
Total $45,827,652 526.44 $47,177,315 531.44 $1,349,663 2.9%
April 4, 2017
6
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
SHERIFF and CORRECTIONS
ITEM#66920
(Continued)
50% of the Department's Budget is from the City with 77% expenditures for Personnel. Sheriff Stolle
advised there is a Policy decision that may be better discussed outside the Annual Budget; however, he
felt it is important to mention it now. The Department conducted an analysis and found the Deputies
assigned to the Courthouse work 80 hours in 14 days; but, the Deputies assigned to the Jail work 84
hours in 14 days. This creates a pay disparity and Sheriff Stolle feels it should be addressed:
.41. Sheriff's Office FY 2017-18 Budget •4
$100,000 $260,000
$1,300,000- 0% / 1% 1111
3% $4,608,608
10%
Revenue by Category or by Fund
$17,150,000 $23,718,707
36% 50%
$504,265
r1%
$10,442,089
■City ■State ■00C Per Diem 22'"
Federal ■Fees u Reserves
Budget by Expense Category $36,230,941
77%
is Personnel ■Operations Reserves
Below are the Department's Significant Issues:
, Sheriff's Office Significant Issues .'�.
❑FY17 Shortfalls
❑ Leave payouts/Medical over the cap payments
❑ Visitation/Job Task Analysis
❑ Body scanners/Inmate tracking CIP's
❑80 hour work week
❑Pay Equality/Compression
❑Requested but not funded
❑ 8.1 FTE's for Option 6 Law Enforcement Training
❑ 3.0 FTE's for Medical
❑ 2.0 FTE's for Accounting/HR(civilian)
❑ 2.78 FTE's for Court/Security Transportation
❑ 0.88 FTE for Extra Duty Employment coordination
Mayor Sessoms expressed his appreciation to Sherriff Stolle and the entire Department for a job well
done.
April 4, 2017
7
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
EMERGENCY COMMUNICATIONS and
CITIZEN SERVICES
ITEM#66921
2:38 P.M.
Mayor Sessoms introduced and welcomed Stephen Williams, Director. Mr. Williams expressed his
appreciation to City Council for their continued support:
0
4014.44,
(— ,.. F .
Emergency Communications
& Citizen Services
Budget Workshop April 04, 2017
Stephen Williams, ENP
Director
The Department's Operating Budget increased 0.38%from FY2016-17:
Emergency Communications & Citizen
Services Operating Budget
Program Unit FY 16-17 FY 16- FY 17-18 FY 17- ' Change FY 17
Amended 17 FTE Proposed 18 FTE Amended to FY 18
Proposed
Director's Office $ 223,806 1.75 $ 227,935 1.75 $4,129 1.84%
Administration 415,316 4.0 473,953 5.0 58,637 14.1%
Training 48,868 NA 50,000 NA 1,132 2.32%
Emergency 8,525,997 107.0 8,459,055 106.0 ibb,941) luta
Communications
Citizen Services 805,251 14.0 678,154 12.0 (127,097) (15.8°.
Technology& 600,312 4.0 770,757 7.0 170,445 28.4%
Support
Total $10,619,550 130.75 $10,659,854 131.75 $40,304 0.38%
April 4, 2017
8
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
EMERGENCY COMMUNICATIONS and
CITIZEN SERVICES
ITEM#66921
(Continued)
82.4%of the Department's Budget is from the General Fund with 84.8%expenditures for Personnel:
FY 2017-18 Budget
[VALUE]
IVALUE][PE [PERCENTA
RCENTAGE] GE)
411111 '
Revenue by Category or by Fund
410VALUE]IPE
CENTAGE]
•General Fund State Wireless&Education
Transfersfro
•Transfers from Other Funds
$9,045,810
848%
Appropriation by Category
I
,\: 444immmi
a Personnel Oper alioni
Below are a few of the Department's Noteworthy Items:
ECCS Noteworthy Items
Establishment of a formal Quality Assurance/Quality Improvement
Program
i Currently being handled by supervisors as"other duty as assigned"
Not meeting minimum APCO/NENA standard
u 1 of 2 requested Quality Assurance/Quality Improvement Analyst Positions
have been placed in the proposed budget.
➢ State E911 Wireless Service Funding
➢ 5 Year Recalculation by State Code due for July 2017
> Legislation before General Assembly to delay until July 2018
' No delay-reduction of about$582,000 received from wireless fund
) Implementation of Next Generation 9-1-1(NG9-1-1)in coming years
New Training and Backup Facility
i 9-1-1 Hiring,Training and Retention Highlights
- Hired 32 new 9-1-1 Employees since June 2016
7 additional new hires begin April 13,2017
Reduced application to hire time from 6 months to 10 weeks
i Increased retention of new hires-currently at 75%from 35%
April 4, 2017
9
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
EMERGENCY COMMUNICATIONS and
CITIZEN SERVICES
ITEM#66921
(Continued)
Below are the updates of the 9-1-1 Training Program to improve the morale in the Department:
9-1-1 Training Program Update
Old Training New Training change
Program Program
(1/2010-10/2015) (6/2016-a/2017)
Average number of 64.95 26.67 Decrease of 38.28
working days to working days
provisional status
Average number of 119.8 123.3 Increase of 3.5
training hours to hours
provisional status
Average hours of training 1.84 4.62 Increase of 2.78
per working day hours
Average number of 191 128.16 Decrease of 62.86
working days to fully working days
released call taker from
hire date
'working days are based on a 40 hour work week and exclude days off.
Conclusions
>Revised Hiring, training and retention
program making impacts
>Formalization of QA/QI program to
help with retention
Funding will be needed in the coming
FY's to implement NG 9-1-1
Mayor Sessoms expressed his appreciation to Mr. Williams and the entire Department for a job well
done.
April 4, 2017
10
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
EMERGENCY MEDICAL SERVICES
ITEM#66922
2:54P.M.
Mayor Sessoms introduced and welcomed Chief Edward Brazle. Chief Brazle expressed his appreciation
to City Council for their continued support:
(10.-"4
)
Emergency Medical
Services
Budget Workshop April 4, 2017
Chief Edward M. Brazle
The Department's Operating Budget increased 6.6%from FY2016-17:
Emergency Medical Services Operating Budget
Program Unit FY 17 FY 17 FY 18 FY 18 Change FY 17
Amended FTE Proposed FTE Amended to FY 18
Proposed
Administration $858,437 8.5 $818,476 8.5 ($39,961) (4.7%)
Training $795,444 6.5 $1,082,885 9.0 $287,411 36.1%
Operations and $7,498,855 53.0 $7,849,929 57.0 $351,074 4.7%
Response
Regulation and $237,218 3.0 $247,543 3.0 $10,325 4.4%
Compliance
cdeguard services 1,833,177 9.05 $1,963,187 10.05 $130,010 7.1%
Tocol $11,223,131 80.05 $11,962,020 87.55 $738,889 6.6%
April 4, 2017
11
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
EMERGENCY MEDICAL SERVICES
ITEM#66922
(Continued)
96.9%of the Department's Budget is from the General Fund with 77% expenditures for Personnel:
$375,000 FY 2018 Budget
3.1%
04111=U
Budget by Fund
$11,587,020
96.9%
$1,540,193
General V ur,d State Four for Life Grant 12.9%
Budget by Expense Category Ciii
1
$3,316,505 $7,105,322
27.7% 59.4%
Personnel ■Operating Resort Lifeguard Contract
Below is the status of the organization:
Status of the EMS Organization
• Leadership Team is in place and fully engaged
• Numerous processes have been overhauled to
better support all stakeholders
• Morale and member satisfaction are high
A BEACH*EMS
April 4, 2017
12
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
EMERGENCY MEDICAL SERVICES
ITEM#66922
(Continued)
Below are the Department's Significant Issues:
EMS Significant Issues
• Volunteer staffing remains strong, but we are still
addressing a downward trend
— Maintaining aggressive and creative approaches to
ensure long-term success of our volunteer rescue
squad system
• Call volume and complexity of calls are increasing
— Adopting creative staffing models to more effectively
meet demands
IA BEACH*EMS
The Volunteers that are qualified and staffing ambulances are equivalent to 94 full time employees:
Volunteer Membership
• Qualified and Staffing Ambulances: 449
(Equivalent to 94 FTEs)
• Performing Other Duties:
—Students and Interns: 249
—Special Operations: 73
—Administrative and Support: 150
— Leave/Inactive Status: 82
(Equivalent to 66 FTEs)
BEACH*EMS
April 4, 2017
13
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
EMERGENCY MEDICAL SERVICES
ITEM#66922
(Continued)
FY18 EMS Proposed Budget
• Strengthens our volunteer rescue squads and
service delivery
• Focuses on Training infrastructure
• Incremental approach to increase ambulance
staffing
BEI *EMS
This is the "Volunteer Lifecycle Flow"; and, as evidenced, there is a restriction in the 'flow". The
restriction in the flow is due to the delay during the intake process or having too many students in the
mandatory class. Last year, the classes increased from one class per quarter to one class every other
month:
Volunteer Lifecycle Flow
i:, .•ro
� .nrnncan r
MONO ----,uwEnwo era> ONGOING eo.•cswiurzN
April 4, 2017
14
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
EMERGENCY MEDICAL SERVICES
ITEM#66922
(Continued)
The Department requested Additional Training Support:
Major Budget Change #1:
Additional Training Support
• Adds one full-time instructor
• Converts one part-time instructor to full-time
• Provides additional training funds
—$47,500
puttEMS
This is the Call Demand and Qualified Volunteers. Since 2012, the number of Volunteers has declined;
however, the Call Demand continues to increase:
Call Demand and Qualified Volunteers
EMS Calls Demand and Volunteer Qualified to Staff Ambulances
2007-2016
so ow aoo
45.000
0l0
71m,
40,000 SN 510 :
4 35.000
N9 IZ � s00 L
ins III
30.000 22.Ra m m UM A.K. alpl) 41.112
III
cos
020
3014
April 4, 2017
15
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
EMERGENCY MEDICAL SERVICES
ITEM#66922
(Continued)
The peak time of day is between 9:00 A.M. to 8:00 P. M. Based on the peak times, the City has an
average of 11.7 ambulances staffed. However, the goal is to have 15 ambulances staffed.:
2016 Monthly Ambulance Staffing
Month 106.0009.00 p9.0012.00 12.0015.00 25.001300 18.002100 21.0924.00 24.000300 03.0006.00
January 9.9 11.2 11.7 11.3 11.2 10.71 10.5 10.2
February _ 10.1 11.5 12.0 11.4 12.1 11.5 11.3 11.0
iMarch 94 10.7 10.9 104 11.3 10.6 10.1 10.0
010r" 10.1 11.3 11.5 11.0 115 10.9 10.3 __ 10.0
N>y _ 100 11.7 12.2 11.6 12.0 11.5 10.7 10.5
lura 104 11.7 12.2 12.2 122 11.6 10.6 10.7
Juy_ _ 104 11.4 11.7 115 111 112 10.2 10.10
Au[st I 10.7 11.6 11.9 11.8 11.1 10.7 10.2 99
September 10.9 11.6 12.1 11.7 11.5 113 10.7 10.7
October 10.6 11.9 12.2 11.8 12.5 12.2 11.2 11.1
November 104 12.0 12.1 11.7 11.9 12.2 11.4 11.1
December 11.2 12.1 12.5 12.2 12.1 119 11.9 11 2
Average liar line SIM 104 11.6 11.9 11.5 114 114 10.7 10.5
117 1
The 2016 Unit Hour Utilization (UHU)achieved during peak hours was 0.56. However, the goal is 45%
and anything above creates burn-out issues and prolonged response time:
2016 Monthly Ambulance
Unit Hour Utilization(UHU)Achieved
2016 Ambulance OHS by Day of Month,By ahs Time Slots)Operational UNU) 1
Month 0600-09.00 290012.00 12.0015.00 15.0018.00 13002100 21.0024.00 24.003.00 03.0006.00
,emery 0.3, 057 060 0.56 0.47 0.39 0.29 0.22
February 0.33 0.56 0.56 0.57 043 033 0.24 0.24
March 0.391 0 6 064 065 2 50 0.43 0.31 0.23
Ap8 0.33 0.61 059 0.65 03! 043 0.2l 0.22
May 0.36 0.56 0.63 0.59 046 042 0.72, 022
June 0.33 0.02 0.58 06C 0.55 0.44 0.30 0.22
IuM 0.31 ass 0.64, 0.61, 0.506 2 20 0.35 025
amort 0.3C 052 056 0 C 0.57, 043 0.31 0.20
September 0.33 0.58 0.61 0.591 0.54 0.44 0.31 021
&lobar 0.34 0.54 0.58 0.56 0.53 0.43 0.27 010.
14awmber 0.31 0.53 0.55 0.54 2 5" 0.33 024 0.21
[L',`-ember 034 0.57 050 000 04A 0.39 0.26 021
inmate per Time Slot 0.31 0.54 059 0.31♦ 0.51 0.41 0.29 0.22
0 045 OM ,
0.46-0.52
00.52 •----
April 4, 2017
16
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
EMERGENCY MEDICAL SERVICES
ITEM#66922
(Continued)
The Department has requested six(6)additional Paramedics:
Major Budget Change #2:
Additional Paramedics
• Add six medics to augment rescue squad
staffing in order to meet demand
— Provides at least one additional ambulance daily
during peak periods of 9am-to 9pm
— Improves UHU to reduce burn-out, improve
morale and enhance member retention
— Improves response times
— Reduces calls placed "holding" in call queue
mu
The City's response time is better than other comparable urban agencies:
Moving Forward - The Good
Ambulance Response Time Benchmark 2016
National Urban Classification
Unit Dispatch Unit Onscene(EMS System Response Time)
4.444 vBEMS Una Not140-nt On,.,,.(NI rnautro rapon4p
4.444 NEMSIS IN4tonr UrDv U ass'Sown)Unit Nob -Unt Onara 1411 rrexisnc•
01k21 t 12:30 i 1
012f1)0:124:12:44 1217 13:02
01131 •.1-:11 .10:11n11:2t)
groin
CMOS .'
"1t4'"
,•ca 3311�•0,00'o9s0•09:====
00514
00419
00253
00124
00000 - -
Jar. Fab Mr Apr Mn, 4.r aFt AWL 9111 Oc No. Dat
April 4, 2017
17
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
EMERGENCY MEDICAL SERVICES
ITEM#66922
(Continued)
Moving Forward - The Good
• Community support and patient satisfaction
remain very high
• Cost of services remains low
• New Headquarters and Training facility coming
soon
• EMS and our volunteers have a strong foundation
for continued growth and success
IA BEACH*EMS
IEAH �1
EMERGENCY .'ECICAL SERVICES
QUESTIONS?
Mayor Sessoms expressed his appreciation to Chief Brazle and the entire Department for a job well done.
April 4, 2017
18
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
FIRE DEPARTMENT
ITEM#66923
3:12 P.M.
Mayor Sessoms introduced and welcomed Deputy Chief Vance Cooper. Chief Cooper expressed his
appreciation to City Council for their continued support:
l:.Hu tltgC
t`
Fire
Budget Workshop April 4, 2017
Interim Fire Chief, David W. Hutcheson
The Department's Operating Budget increased approximately 1%from FY2016-17:
Fire Operating Budget
Program Unit FY 16-17 FY 16- FY 17-18 FY 17- Change FY 17
Amended 17 FTE Proposed 18 FTE Amended to FY 18
Proposed
Administration $2,415,185 22 $2,298,022 20 -$117,163 -2
Fire Prevention 52,877,869 30.71 $2,830,040 29.71 -$47,829 -1
Operations $44,605,302 423 $45,714,929 434 51,109,627 +11
Personnel& 51,457,678 13 51,500,170 14 $42,492 +1
Development
Aid to Localities $1,305,382 1 $1,421,346 1 $115,964 0
SAFER Grant $762,021 12 5552,568 8 -$209,453 -4
Total $53,423,437 501.71 $54,317,075 506.71 $893,638 +5
April 4, 2017
19
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
FIRE DEPARTMENT
ITEM#66923
(Continued)
96.4%of the Department's Budget is from the General Fund with 84.9%expenditures for Personnel:
FY 2017-18 Budget
S 1AII,3K IVAwEI
a." llraCINTLf
Budget by Fund
$1.0,5.519, $1,2.0k )
■Ganaral Fund ■For.Programs or Pro Grants 13.1% �
Budget by Expense Category
■Parson& •Op.r.io,; hc.n..o.„C'u--.4^
Below are the Department's Significant Issues:
Fire Significant Issues
Firefighter Health and Safety
Physical Fitness
Cancer Prevention
Mental Health
tw ,
` - Special Events
.�. ..LN Continued Increase in Emergency Call
4 F t Volume
April 4, 2017
20
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
FIRE DEPARTMENT
ITEM#66923
(Continued)
Fire Significant Issues
➢ Technology
Y IPS
Y Asset Management
> GIS/Live MUM technology
r In-Mask Communications
Y Automated Inspections
5 Command Simulation Training
•
r 1 19
Revenue
✓ Shortcomings identified •
• Working with Treasurer's Office,
Commissioner of Revenue,City
Attorney's Office / j^"moi Al"
Fire Significant Issues
Current Growth
Y Implementation of the 5V'Battalion
> Burton Station Fire&EMS
• July 2019 Move-In Date
- Engine&Ladder Station
✓ Resource Management expansion
✓ Renovation of the fire training center
r Future Growth . i '
✓ ITA(Indian River Transition Area)SGA _ - •. - --!
> Fire&EMS _.:
➢ Landstown
> Fire,EMS,Backup EOC/ECCS w MI -—
Y North End Fire Station
April 4, 2017
21
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
FIRE DEPARTMENT
ITEM#66923
(Continued)
Conclusions
ft-Appreciation for Council Funding
Acknowledgement of Ongoing Priorities
:Four-Person Staffing
:-Departmental Restructure
Mayor Sessoms expressed his appreciation to Deputy Chief Cooper and the entire Department for a job
well done.
April 4, 2017
22
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
OFFICE OF EMERGENCY MANAGEMENT
ITEM#66924
3:23 P.M.
Mayor Sessoms introduced and welcomed Erin Sutton, Director. Ms. Sutton expressed her appreciation
to City Council for their continued support:
Office of Emergency
Management
Budget Workshop April 4, 2017
Erin E Sutton
The Department's Operating Budget increased 16%from FY2016-17:
Office of Emergency Management
Operating Budget
Program Unit FY 1647 FY 16.17 FY 1748 FY 1748 Change FY 17
Amended FTE Proposed FTE Amended to FY 18
Proposed
Emergency $386,785 4.0 $451,130 5.0 $64,345 16%
Management
Total $386,785 4.0 $451,130 5.0 $64,345 16%
Grants
State Homeland Security Grant Program-$10,000(VSCERT FY2016-18)
Supplemental Emergency Management Grant Program-$9,600(Pet Sheltering Supplies
FY16-17)
Supplemental Emergency Management Grant Program-$10,000(Active Shooter/MCI
Exercise FY16-17)
Flood Mitigation Grant Program(SRL)-53,000,000
April 4, 2017
23
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
OFFICE OF EMERGENCY MANAGEMENT
ITEM#66924
(Continued)
77%of the Department's Budget is from the General Fund with 80%expenditures for Personnel:
$102,851.0 FY 2018 Budget
0,23%
Budget by Fund
$348,279.0
0,77%
Federal Revenue •General Fund
574,6seoo 5zo,000.00
,16% 4%
Air
Budget by Expense Category
411111111111
$376,472.00
,80%
Personnel •Operating Grants
These are the Current Projects:
Current Projects
• City-wide COOP Plan • All Shelter Plans Updated,
• City-wide Recovery Plan Trained and Exercised
• Housing Elevation Projects(x4) • Evacuation Zone Project
— FEMA-SRL Program Changes • Community Outreach
• Damage Assessment Process- — Flood insurance education
Crisis Track Implementation — Neighborhood preparedness
• City-wide EOC training • EOC Update and
• Revamp of VBCERT priorities reorganization
• Special Events Public Safety — Technology
Coordination — Room Layout
• City-wide EOP completion and • City-wide and Department
training Level Exercises
April 4, 2017
24
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
OFFICE OF EMERGENCY MANAGEMENT
ITEM#66924
(Continued)
Current Staffing
Director
• Local,Regional,State and Federal Representative
• EOC Manager Eaedb papalAtlpn 9MN Orgwwlea
• Department Directors Liaison Norfolk,VA 246,139 EM ONN-5 OEM And 911
• COOP Manager
C6mapeale.VA 230,571 5 Ire
• Exercise Coordinator
sawnna6,Cao 166A00 9 Aalorwmalt
Senior Planner New Orle m,IA 13,000 12 Aulonomom
• 2ntl shift EOC Manager (moon.,N( 609,000 1 ave
• City-wide planning initiatives (bmleokl6.vA 317)45 3 ore
• Special Events Coordination
• VB Incident Management Team Lead
• Training Coordinator
Planner I VBCERT Program Manager
• Grant Applications and Management • EOC Support for volunteer
• Community Rating System lead
• Flood Mitigation—Home Elevation project management
• Liaison for HMGP projects Community Outreach
•
• EOC and Administrative Support Volunteer Manager
This is the requested change to the Organizational Structure:
Changes Needed to Organizational
Structure
• Planner-to accomplish the goals
of the office and increase the
overall level of city preparedness. Director,OEM
1 1
Senior Volunteer
Emergency Coordinator
Planner l
I 1 1
ellPlanner I Internship 1
Grants and Program
Mitigation
April 4, 2017
25
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
OFFICE OF EMERGENCY MANAGEMENT
ITEM#66924
(Continued)
The Staff was involved in one(1)exercise and training session each month:
Exercise and Training
• In 2016 staff was involved
in roughly one exercise
and one training session a
month "
—Department level
—Multi-departmental
—Private partners '.s` r ! i'
—Regional and State
The Department is undergoing technology and building renovations:
EOC Technology and Renovations
• Building opened in 2006
• Current technology is from 2006
— Analog system tom:
— Failing AV system '' = A .
- No ability to expand or upgrade
technology •
• Inadequate room layout to
support EOC operations.
• Utilization of the EOC has
expanded exponentiallyCM"
• ,
— Average 10-12 times per year for
special events,exercises and
mor
weather events.
April 4, 2017
26
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
OFFICE OF EMERGENCY MANAGEMENT
ITEM#66924
(Continued)
Below are the Department's Significant Issues:
Office of Emergency Management
Significant Issues
➢ Need for technology upgrade and renovation for the
Emergency Operations Center
D Dated technology(Analog vs.Digital)
D New solution needed for WebEOC
D Improve layout(Department to Emergency Support Functions)
➢ Increase in staff needed to accomplish the goals of OEM
D Additional Planner needed to keep up with the demand of
activities that OEM is currently overseeing city-wide.
D City-wide plan completion
D Training and Exercises for EOC personnel
D Outreach for our community
Conclusions
• Key themes from Hurricane Matthew
—City-wide Storm Preparation
—Emergency Operations Center
—Data Collection
— Internal and External Communication
—Emergency Plans and Policies
—Short Term and Long Term Recovery
v'4
• •r
Mayor Sessoms expressed his appreciation to Ms. Sutton and the entire Department for a job well done.
April 4, 2017
27
•
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
POLICE DEPARTMENT
ITEM#66925
3:42P.M.
Mayor Sessoms introduced and welcomed Chief James Cervera. Chief Cervera expressed his
appreciation to City Council for their continued support:
f
Police Department
Budget Workshop April 4, 2017
Chief James A. Cervera
The Department's Operating Budget increased 0.7%from FY2016-17:
Police Department Operating Budget
Program Unit FY 16-17 FY 16- FY 17-18 FY 17-18 Change FY 17
Amended 17 FTE Proposed FTE Amended to FY 18
Proposed
Director's Office $2,236,133 20.8 $2,359,516 22.8 $123,383 5.5%
False Alarms 78,707 1.75 72,374 1.75 (6,333) 8 0%
Professional
Development 4,727,510 33.72 4,864,769 33.72 137,259 2.9%
and Training
Crime 861,195 8.0 822,719 8.0 (38.4/61 4 ti
Prevention
Support 5,194,432 61.0 5,280,496 61.0 86,064 1.7%
April 4, 2017
28
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
POLICE DEPARTMENT
ITEM#66925
(Continued)
Police Department Operating Budget
Program Unit FY 16-17 FY 16- FY 17-18 FY 17-18 Change FY 17
Amended 17 FTE Proposed FTE Amended to FY 18
Proposed
Canine 1,867,996 16.0 1,861,528 16.0 (6,468) 0 3%
Helicopter 1,024,163 8.0 1,081,745 8.0 57,582 5.6%
Uniform Patrol 55,776,590 584.63 56,834,111 594.63 1,057,521 1.9%
Red Light 1,188,350 2.4 1,059,888 2.4
Camera
Mounted Patrol 1,270,126 12.0 1,158,254 12.0
Police Department Operating Budget
Program Unit FY 16-17 FY 16- FY 17-18 FY 17-18 Change FY 17
Amended 17 FTE Proposed FTE Amended to FY 18
Pr•._.
Marine Patrol 1,092,514 10.46 1,096,869 10.46 4,355 0.4%
School
Resource 2,534,037 30.0 2,480,519 30.0 (53,518) -2 1%
Officers
Detective 13,511,561 142.0 13,095,525 140.0
Bureau (416,036) -3.1%
Special 5,020,392 52.0 5,082,565 54.0 62,173 1.2%
Investigations
Commercial 387,562 0.0 391,274 0.0 3,712 1.0%
Extraditions
April 4, 2017
29
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
POLICE DEPARTMENT
ITEM#66925
(Continued)
Police Department Operating Budget
Program FY 16-17 FY 16-17 FY 17-18 FY 17-18 Change FY 17
Unit Amended FTE Proposed FTE Amended to FY
18 Proposed
Animal 3,659,326 46.0 3,566,112 46.0 (93,214) .
Control
DEA-Body 260,205 0 285,915 0 25,710 9.9%
Cameras
Total $100,690,799 1028.76 $101,394,179 1040.76 $703,380 0.7%
95.9%of the Department's Budget is from the General Fund with 83.5%expenditures for Personnel:
FY 2017-18 Budget
54.171.585
..1%
Budget by Revenue Source
$15,860,808 $859,375
15.6% 0.9%
■General Fund v Department Revenue
Budget by Expense Category
c Personnel ■Operations Capital
April 4, 2017
30
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
POLICE DEPARTMENT
ITEM#66925
(Continued)
In the 2017 Council Retreat, the 6th Goal was added and identified as "Be the Safest City in Virginia":
2017 Council Retreat
Goal 6: Be the Safest City in Virginia
Objectives include:
Maintain lowest crime rate in Virginia with the highest clearance rate
Have a well-trained,well equipped public safety staff
Have community policing that creates a sense of community
Means to Residents include:
Residents feel safe throughout the city-any place,any time
Timely responses to emergency calls for service
Challenges and Opportunities include:
Building trust between the community and the police
The original Strategic Plan included the addition offifty-eight(58)Sworn Police Officers over 5 years:
Police Department Original
Strategic Budget Plan for Sworn Staffing
D Requested 5-Year Phase-In of New Sworn Positions
D Neighborhood Resources— 17 sworn
D Central Business District— 15 sworn
D Oceanfront Resources—26 sworn
D Total 58 Sworn over 5 years
April 4, 2017
31
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
POLICE DEPARTMENT
ITEM#66925
(Continued)
If this Update is approved by City Council, twenty-four (24) of the fifty-eight (58) will have been
approved:
Police Department Sworn Staffing
Strategic Budget Plan Update
• FY 16/17: Council approved one additional Sergeant
and nine additional officers for community policing.
• Four Mounted Patrol positions moved to uniform patrol.
• FY 17/18: City Manager has recommended one
additional Sergeant and nine additional officers for
community policing.
• If approved by Council, 24 of 58 sworn officers will have
been approved.
2017 Council Retreat
Goal 6: Be the Safest City in Virginia
Objectives include:
Have a well-trained,well-equipped public safety staff
Means to Residents include:
Residents feel safe throughout the city—any place,any
time
Challenges and Opportunities include:
r Policy and funding for Police Body Cameras and data
storage
April 4, 2017
32
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
POLICE DEPARTMENT
ITEM#66925
(Continued)
Below is an update on the Body Camera project:
Body Cameras
▪ FY 16/17: 110 body worn cameras funded as the first
year of a four-year phase-in.
• One sergeant and two civilian positions funded
beginning in January 2017 to initially manage the
program.
• FY 17/18: City Manager recommends 110 additional
body worn cameras funded through a combination of
general fund and federal forfeiture funds.
• Recommended two additional civilian positions funded
beginning in January 2018 to manage program.
2017 Council Retreat
Goal 6: Be the Safest City in Virginia
Objectives include:
➢ Have a well-trained,well equipped public safety staff
Recruit and retain a top quality public ty workforce
Means to Residents include:
> Residents feel safe throughout the city—any place,any time
>Timely responses to emergency calls for service
> Increased property values
Challenges and Opportunities include:
ublic safety staff turnover and retention
i Diversify public safety workforce to mirror community demographics
April 4, 2017
33
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
POLICE DEPARTMENT
ITEM#66925
(Continued)
Since FY 2010/2011, the Department has lost 381 Sworn Officers:
Virginia Beach Police Department
Sworn Turnover Rates
Fiscal Year Rate a of Sworn
10/11 5.5% 44
11/12 6.9% 56
12/13 7.2% 58
13/14 8.9% 72
14/15 9.6% 77
15/16 9.8% 79
Reasons since FY 11/12 thru Jan 1,2017
Retirements-Service and Disability 36.2%
Resignation from Academy 24.9%
Resignation-other criminal justice employment 15.2%
Resignation-other types of employment 10.7%
Resignation/Termination-probationary period 7.6%
Dismissal,Involuntary Resign.,Admin Separation 4.7%
Deceased 0.5%
Total(381 separations) 100.0%
Since 2014, forty-two (42) Sworn Officers, with less than six (6) years of service, have left the
Department. The majority of those individuals resigned to pursue other Criminal Justice employment:
Virginia Beach Police Department
Sworn Personnel Leaving With Less than Six Years of Service
Excluding Police Academy and Probationary Terminations
July 1,2014-March 1,2017
Fr 14/15 FY 15/16 FY 16/17 Grana Total
through Mar 1 Sine FY 14/15
Sworn Ault wired Strength percent iwtant Percent Pigment
Dismissed 0 0.0% 1 5.0% 0 0.0% 1 2.4%
Resignation in Ueu of Terminatan 0 0.0% 1 5.0% 0 0.0% 1 2.4%
Reslgnat»n,Other Criminal lank.Fmployment 5 65.5% 11 95.0% 14 37.5% 50 714%
Resignation,Other Employment•Hot Criminal
lotto* 1 16.7% 4 20.0% 0 0.0% 5 11!%
Resignation.Employment Unknown 0 0.0% 3 15.0% 2 12.5% 5 11.5%
Total 6 100.0% 20 100.0% 16 1000% 42 1004%
April 4, 2017
34
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
POLICE DEPARTMENT
ITEM#66925
(Continued)
Officers Leaving with Less than Six Years of Service
Excluding Police Academy and Probationary Terminations
from July 1,2015 to March 1,2017
Number of Years of Service Completed
Last Full Year Number of Percent Number Leaving for Percent
Completed Officers Crim.Just.Emp.
1 3 8.3% 2 8.0%
2 13 36.1% 9 36.0%
3 8 22.2% 6 24.0%
4 6 16.7% 4 16.0%
5 6 16.7% 4 16.0%
Total 36 100.0% 25 100.0%
Below are the other Criminal Justice positions identified during the "Exit Interview":
Officers Leaving with Less than Six Years of Service for other
Criminal Justice Positions from July 1,2015 to March 1,2017
Federal Agendes: (7) Local Agencies: (14)
U.S.Air Marshal-2 officers Albemarle Country,VA PD
U.S.Secret Service-2 officers j j Augusta,GA PD
U.S.State Department Aurora,CA PD
-
Federal Bureau of Investigations Bakersfield,CA PD
Naval Criminal Investigative Service Battle Creek,MI PD
Charleston,SC PD
State Agencies: (4) Charlotte,NC PD
Virginia Alcohol and Beverage Control Littleton,NH PD
Virginia Department of Motor Vehicles Merton,PA PD
Ohio State Patrol Monroe County,NY PD
Pennsylvania Attorney General New Orleans,LA PD
Rappahannock County,VA PD
Springfield,MO PD
Wylie,TX PD
April 4, 2017
35
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
POLICE DEPARTMENT
ITEM#66925
(Continued)
The City has low staffing percentage compared to other large cities:
Major Cities Chiefs Survey-March 2017
Percent of Authorized Sworn Filled
{undid 9olnlonc 3N11d {tended Pe9%bnt Mut 11.e0n9 In
l 03*1, not
Aurora PO
re99.
AIntin93.19 9).19
henoRro
9.9% 96.1%
ne Mealdero.e9ro 9t1% K.n
lonlbn Mro 93.59 901.19
neuro 15.714
De%wcounry PO tt0% M.
Dmm PD 93.19 PPM
26nenten9M[e Yn%e 93.1%
{el.lu cwnryro %M 102.0%
{.nro ro %M 99.
Men..PO 91.5% %M
Neu.tenro N9% %M
Kamm.,PO.MD %I% 101..
9n vete W.PO 9ti% 93.
Mesa 90 %M 102.9%
M.3.wmPO 96116 03ill
Mn�sae9oMM %i% 103.5%
Montgomery Co01rc3ro 93.1%
Mn..Me..
9LM 95.931
DetYNro ro %19 92.2%
pm erode'.cewmero9099 99.19
Palen,'PO %114 %OY
peroro %9% 101..
bn Mtono 9D 9019 %19
sap.Diego PD %9% 29.19
Yn Diego Ceunry Sb nn 91. 100.
bn{m.0%ao PD %i% 95.1%
1.7.0.19D %M 93.1%
vro %9% K.M
M9r90 9919
10.1.99101190 %M 93.9%
1.11. e0DC'MDnpWn19D 931% 919
The Department is exploring the possibility of implementing a Police Workforce Development:
Police Workforce Development
Goals:
• Long-term career development program for
sworn personnel
• Enhance opportunities for training and
assignments
• Allow officers to better select their own career
path though job shadowing and mentoring
• Implement a rotation schedule for sergeants
• Implement a more robust mentoring program
• Help to reduce loss of officers to other law
enforcement agencies
April 4, 2017
36
CITY COUNCIL BRIEFINGS
FY2017-18 RESOURCE MANAGEMENT PLAN(BUDGET)
POLICE DEPARTMENT
ITEM#66925
(Continued)
Workforce Development
• Along with increased expectations and to partially address
the increasing numbers of officers leaving for other careers
or law enforcement positions with less than six years of
service.
• Potential pay plan modification: 5%of the current 10%
MPO career progression amount will be provided after
three years in title as a Police Officer.
• After reaching 6 years in title,the Police Officer will receive
the remaining 5%career progression or placed to the
minimum of the current MPO range,whichever is higher.
Questions?
Mayor Sessoms expressed his appreciation to Chief Cover and the entire Department for a job well done.
April 4, 2017
37
CITY MANAGER BRIEFINGS
HAMPTON ROADS TRANSPORTATION(HRT)
FUNDING
ITEM#66926
4:20 P.M.
Mayor Sessoms introduced and welcomed Brian Solis, Transportation and Transit Planning Manager.
Mr. Solis expressed his appreciation to City Council for their continued support:
Hampton Roads Transit Virginia Beach
FY 2016 True-up, FY 2017 Status and
FY 2018 Budget Planning
City Council Informal Session Briefing
April 4,2017
Below is an overview of today's presentation:
Overview
1. FY 2016 Budget True-up for Virginia Beach
a. Cost Allocation Agreement
b. Costs,causes and payment approach
2. Status of FY 2017 Budget to Actual
a. Mid-year financials
b- Immediate process improvements
3. Moving Forward
a. Communications and transparency
b. Establish Management and Financial Advisory Committee(MFAC)
represented by member cities
c. Monthly budget to actual reporting
April 4, 2017
38
CITY MANAGER BRIEFINGS
HAMPTON ROADS TRANSPORTATION(HRT)
FUNDING
ITEM#66926
(Continued)
This provides the Cost Allocation Agreement Guiding Principles:
Cost Allocation Agreement Guiding
Principles
• Operate a •r • •r• • .1 •.a• .• , -u within
and between the Participating Cities.
• The method of allocatina costs and revenues will be based on service
provided and revenues generated in Each individual city.
• Each participating city will have final determination on the type, amount
and location of public transportation service provided within de
borders.
• To recognize the distinct characteristics of each cities and to insure that
each city is equitably allocated only the net cost of orovidina public,
jransoortation services for its citizens, separate operating cost and
passenger revenue allocation formulas will be used.
This is the Operating Costs Components:
Operating Costs Components
By transit mode:
• Operators,fuel.materials,
insurance,supervision and Maintenance Transportation
material directly related to •Pas •$ere,.N0wa
•M`, •SP`r
the mode,schedulingand
•M•cnan,p •Sup•rn•on
marketing costs. •SuP•nn•«•
Costs of services shared by Support Purchased
multiple modes: „b„„n,•tr�,b Ttansportabon
• Maintenance staff,facility •c•xwve •Paueransn
maintenance,utilities, •uferiser.m, Total k ry
insurance,safety, •$c°`au�,ne
Operating
communications, Cost
accounting.training and
other related costs the
performance of
transportation services.
April 4, 2017
39
CITY MANAGER BRIEFINGS
HAMPTON ROADS TRANSPORTATION(HRT)
FUNDING
ITEM#66926
(Continued)
This is the Operating Costs by City and Service Type:
Operating Costs by City & Service Type
Service levels and
types are negotiated
independently with 0,44044• Total
each city annually �• Operating
>rwn4
(Transit Service Cost
Plans).
The method ofalloca
seventinges costs and •"
revenues will be based """
on service hours
provided and revenues
generated in each
individual city(Article
Ill Paragraph B).
The "True Up"Process is a recurring annual process:
"True Up" Process
• The"True Up" is a recurring annual process.
• Basis: Calculation Of Local Share Of Operating Costs—
• Farebox revenue is captured by route and/or city
and subtracted from service costs to determine if a
deficit exists. If a deficit exists, federal aid(FA)and
state aid(SA)will be applied. If funds are required
after farebox revenue, FA and SA and any other
assistance are applied to costs,the city approving
services will provide the funds,
April 4, 2017
40
CITY MANAGER BRIEFINGS
HAMPTON ROADS TRANSPORTATION(HRT)
FUNDING
ITEM#66926
(Continued)
The average "True Up"cost over the past five (5)years is$225,000; however, this year the cost is over
$1.5-Million:
FY 2016 Budget True-up for Virginia Beach
Costs and Causes
As communicated to City Council in the 2/24/17 City Manager letter,
Virginia Beach's share of the FY 2016 actual true-up is$1,572,465
The recommendation is to fund the FY 2016 true-up payment in the FY
2018 Resource Management Plan to be paid in calendar year 2017.
Previous years'true-ups are: FY 2012=$188,549
FY 2013=$193,684
FY 2014=$181,057
FY 2015=$339,228
These are the Costs and Causes for the increase of this year's True Up:
FY 2016 Budget True-up for Virginia Beach
Costs and Causes
HRT has communicated the primary drivers for the unusually high
FY 16 true-up are:
1. Operations work force needs due to an unusually higher than
anticipated turnover rate/slower hiring rate resulting in substantial
required overtime. The result was a budgetary shortfall of$2.1M.
2. Higher maintenance costs due to maintaining a nearly 10-year-old aging
bus fleet,resulting in a budgetary shortfall of$1.5M.
3. Farebox revenue was below the target because of lower than expected
ridership,resulting in a budgetary shortfall of$1.5M.
4. Higher than anticipated usage of the paratransit services,resulting in a
$0.25M budgetary shortfall.
April 4, 2017
41
CITY MANAGER BRIEFINGS
HAMPTON ROADS TRANSPORTATION(HRT)
FUNDING
ITEM#66926
(Continued)
Here is a breakdown of the six(6) cities serviced by HRT:
Costs and Causes
Cost Allocation Process
Chesapeake Hampton Newport News Morlo* Portsmouth Virginia Beach
Se48:e Coat S 4,767.215 S 0,750.200 5 16.061200 S 40,111.618 S 6,690,756 S 15.175.611
Federal Fo54.ng 5 818.385 S 1045.202 S 2607.173 S 5.751.745 S 1028537 S 2540,741
51.1.Fuming S 807930 $ 1,708.374 S 2.734.207 5 7.272 338 S 1068012 S 2740.158
F % Toth, 35% 35% 35% 33% 35% 35%
MET Beer.Fareboa S 3.100/04 S 0,34 4
.344 S 36/ 64
11 127987.06 S 3.7 ]07 S 8.432.784
%of S.Oce Cost 05% 66% 66% 66% 64% 65%
Fare50v Re06n44 S 842.641 S 1.017.080 S 2.762.740 0 7,158.811 S 1,240,528 S 2,341.067
%ol Servos Coot 18% 17% 18% 18% 21% 16%
L oco,Service Fulling S 2268.253 5 4.726.864 S 7067.070 $10928.625 S 2.544.670 S 7.401,117
Mummer'Copts,Co.vtueon S 06.005 5 180.433 S 285.642 S 580.048 5 103.506 S 281.874
ACC 8 Cammsa.on Eth S 181484 S 161,464 S 161 484 S 165.484 S 181.484 S 161 484
otsl l.eW Fur.d618(Actual) 0 2,614933 6977,790 7.634,490 90970,167 2,300970 7,044,078
%of Service Cost 47% 46% 47% 50% 43% 50%
low Lout Funding(Budget) S 2,100900 0 4.430967 S !926.111 0 1,706.178 1 2,771,018 8 63723101
45% 44% 42% 47% 44% 43%
Loco,T rue Up(ACLei•Budgei) S 124.023 1 60923 S 1,034.827 S 1973.01 5 38852 5 1,572,485
• Each city receives a relative share of federal and state aid as identified in the CAA.
• Each city receives Farebox revenues by route and/or city based on ridership within the
respective city.
This provides the explanation and Action Plan for the FY2017 Operating Revenue that is "Trending
Unfavorable"and the FY2018 Risk Mitigation:
FY17 Operating Revenue Trending •
•
Unfavorably and FY18 Risk Mitigation
Explanation Action Plan
• FY17 issue • Continue cost avoidance and reduction
strategies
— Lower ridership trends • Continued communication with
continue effecting fare Commission and cities as year progresses
revenue • Explore options with FTA and Virginia
• FY18 risks Beach to recoup 35 million federal
— Uncertainty over federal investment proffered by HRT
and state funding • Continue to reduce the need for operator
overtime
— Continued increases in • Determine strategy to decrease reliance
maintenance costs on federal funds for operations
- Continued reliance on • Establish Extemal/Legislative Affairs
overtime operators Committee and pursue new funding
sources
April 4, 2017
42
CITY MANAGER BRIEFINGS
HAMPTON ROADS TRANSPORTATION(HRT)
FUNDING
ITEM#66926
(Continued)
This provides a "Snapshot"of FY2017 Operating Revenues through January:
FY 2017 Operating Revenues through January 2017
MOHTHLYRESULTS MCA.TEM 2017 YE/R.T60HE RESULTS
.1•114V17 YMb,oFY17 D.>OYfl Tlnasgl FYf7 YM0.o.FYS7
604.0 Etl1H1 1 0. /O. 1L
S ROE 0 S 0.1792 $ (7017) -09x1 E)0'EHSE IFIMMIE11111127211111111117=IIMM
$ Sans $ 11929 'S 078 e) .767%i off REE709 REYERUE 1W1711R>WFis-ri.=t EOEW
$ 01530 3 rima $ (I.moa) -10atLi riniMIE=MEIMETIMM
STATE F� l� 11
_ FEDERK [! ':SfE=•>;LSEJE 'S.11E
CHESEPE•E IrMEITIEMICIE■ E'
HEYfoRT HEMFS IMIKIE1111711117210EM
NEWTON EE>rrni• 3L D EWTI E>LL•
Rouo(8 EE>ifl1 I• I m E�"S1 Ef
PORTSMOUTH niMinnEllinir Emnri E>
=7117777, Iw7[^�7u.� 1F�I1571C1 ssfii +
;
01% 38% FMtESOERECOLERY EivaEu.>--E7E7Ef
"0014
WFCu
5711E uy7,19•
M0•+011•EVrS
».7)803101 012/2101
S S}Dq SS.om %MO St,. SIDS, •
S Siem SAW SFpm USW SIC=S12a0 Sl!Soo
Standard Timetable for Service
Reductions
• Data Collection&Analysis
• Title VI Equity Analysis&TDCHR Board Approval
• Public hearings&meetings
• Develop new schedules
• Create public timetables
• Calculate operator manpower needs
• Calculate peak vehicle requirements
• Hold operator"open-house'information meetings
• Calculate deadhead/pulls for route changes
• Develop"rostering"for Service board and"pick"
• Union interface and approval of proposed service board
• Conduct service board"pick"
• Implement Information Technology changes(e.g-,equipment,Google Maps,
HRT website)
• Change bus stop database
• Relocate/eliminate bus stops 6 7 m o nth
• Implement changes
April 4, 2017
43
CITY MANAGER BRIEFINGS
HAMPTON ROADS TRANSPORTATION(HRT)
FUNDING
ITEM#66926
(Continued)
Newport News, Norfolk and Virginia Beach have created a Workgroup in an effort to create a more
sustainable public transportation system:
Detailed Information Requested from
City Managers of Newport News, Norfolk and
Virginia Beach
1. Detailed analysis of attribution of costs to each city
2. Detailed analysis of significant true up causes and
mitigation of trends that caused it
3. True up projection by city for FY 2017
• Revamped monthly financial review
4. Reliability of FY 2018 Transportation Service Plans and
budgets
5. Efforts to reduce general and administrative expenses
Communication and Coordination are the keys to moving forward:
Moving Forward
Communication and Coordination
• Enhanced monthly reporting format,content,wider distribution
• Beginning April 2017
• Continued communication with Commission and cities as
year progresses
• Engage External/Legislative Affairs Committee including
participation of local legislative liaisons
• Monitor issues and develop and implement strategies to
address funding risks at the state and federal levels
• Coordinate with DRPT for completion of new Financial
Management Oversight review
April 4, 2017
44
CITY MANAGER BRIEFINGS
HAMPTON ROADS TRANSPORTATION(HRT)
FUNDING
ITEM#66926
(Continued)
Also, a Management and Financial Advisory Committee will meet prior to the April HRT meeting:
Moving Forward
Convene Management and Financial Advisory Committee
• Convene Management and Financial Advisory Committee
(MFAC)before April Commission meeting
— Conduct intensive review of FY18 budget and Transit
Service Plans
— Explore funding structure options and possible elimination of
"true up"process
These are the Funding and Cost Effectiveness Measures:
Moving Forward
Funding and Cost Effectiveness Measures
• Fare increase in October 2017
• Work with city staff to improve annual transit service planning
process
• Explore options with FTAand Vrginia Beach to recoup$5 million
federal investment(RSTP funds)proffered by HRT to purchase
former NS ROW
• Determine strategy to decrease reliance on federal funds for
operations
• Evaluate line of credit options to spread out city payments
• Explore phased true up payments
April 4, 2017
45
CITY MANAGER BRIEFINGS
HAMPTON ROADS TRANSPORTATION(HRT)
FUNDING
ITEM#66926
(Continued)
Moving Forward
Funding and Cost Effectiveness Measures
• Transit Development Plan to improve route productivity and
increase ridership
— Re-envisioned transit services including route alternations,right-
sizing fleet,new partnerships
• Continue to reduce the need for operator overtime
• Continue to explore solutions for rising benefit costs
• Get rolling stock and facilities into a state of good repair
• Continue cost avoidance and reduction strategies(e.g.,hiring
freeze,eliminate non-essential spending),and complete critical
staffing review
Hampton Roads Transit Virginia Beach
FY 2016 True-up, FY 2017 Status and
FY 2018 Budget Planning
Comments and Questions
City Council Informal Session Briefing
April 4,2017
Mayor Sessoms expressed his appreciation to Mr. Solis for the informative presentation.
April 4, 2017
46
CITY MANAGER BRIEFINGS
SOUTHEASTERN PUBLIC SERVICE
AUTHORITY(SPSA)
LANDFILL and DISPOSAL
ITEM#66927
5:00 P.M.
Mayor Sessoms introduced and welcomed Tom Leahy, Deputy City Manager. Mr. Leahy expressed his
appreciation to City Council for their continued support:
SPSA Update
Thomas M. Leah
Deputy City Manager
April 4.2017
Below is today's Agenda:
Agenda
•Use and Support Agreement
•RePower South
•Regional Landfill
• Summary of Issues
•Future Actions
April 4, 2017
47
CITY MANAGER BRIEFINGS
SOUTHEASTERN PUBLIC SERVICE
AUTHORITY(SPSA)
LANDFILL and DISPOSAL
ITEM#66927
(Continued)
This is the current Use and Support Agreement(USA)
Use and Support Agreement (USA)
•Existing eight-party USA terminates on January
24, 2018
•Massive debt that SPSA had accumulated is
projected to be paid off at that time
•Tipping rate was projected to decrease
from$125/ton to$65/ton(or less)for the last five
months of FY2018
•Last year,all eight SPSA communities signed a
new USA that takes effect on January 25, 2018
•Initial term of the new USA runs thru 2027 or
2031 depending upon status of the RePower
third-party agreement for disposal services
SPSA signed a fifteen (15)year contract with RePower in May 2016; however, RePower failed to meet
the contract requirements in January 2017. As a result, the August 2018 construction schedule will not
be met:
RePower South
• SPSA signed 15-year contract with RePower in May
2016. RePower to provide disposal services for
350,000 tons/yr. of Municipal Solid Waste(MSW)
• RePower to construct a$100 million+facility in
Chesapeake to recover recyclables and convert MSW
to burnable pellets(two-thirds of the MSW)
- Remaining residual(one-third)to be landfilled
• January 2017 contract deadlines not met:
-Off-take agreement for pellets,permitting,and
financing—all presumably pending
-August 2018 construction schedule will not be met
April 4, 2017
48
CITY MANAGER BRIEFINGS
SOUTHEASTERN PUBLIC SERVICE
AUTHORITY(SPSA)
LANDFILL and DISPOSAL
ITEM#66927
(Continued)
The Regional Landfill in Suffolk has two (2) existing Operating Cells. RePower's capacity is twenty-one
(21)years and then a new Cell, Cell VII, will be required:
Regional Landfill in Suffolk
•Existing landfill operating Cells V and VI
- Capacity without RePower is 7 years (2025)
- Capacity with RePower is 21 years(2039)
- Cell VII required thereafter: CUP needed
from Suffolk (submitted June 30, 2016)
•Good Neighbor/Host Agreement between SPSA
and Suffolk executed in May 2016
- Establishes operational expectationsa
$4/ton host fee, and requires Cell VII'CUP
approval by 12/31/2017
- CUP is on hold: Planning Commission to
consider after leachate corrective action plan
completed
The Regional Landfill Environmental Issues are a result of the build-up of leachate in the landfill:
Regional Landfill Environmental
Issues
• Build-up of leachate (saturated water)in landfill
• Identified by SPSA consultants in January 2017
• Current depth of leachate is 28 feet in Cell V and
10 feet in Cell VI (permit limit is 1.0 foot)
- Leachate levels are managed in landfills to prevent
ground and surface water contamination,disruption
of the biological and chemical reactions that occur in
landfills,and structural instability
- Fortunately,none of that has happened
•The maximum allowable leachate pumpage to
HRSD (50,000 gpd) is not sufficient to lower
the leachate levels
• Water quality permit limits are also a problem
April 4, 2017
49
CITY MANAGER BRIEFINGS
SOUTHEASTERN PUBLIC SERVICE
AUTHORITY(SPSA)
LANDFILL and DISPOSAL
ITEM#66927
(Continued)
Regional Landfill Regulatory Response includes a Consent Order and Corrective Action Plan, as well as
a pending Implementation Schedule:
Regional Landfill — Regulatory
Response
•Department of Environmental
Quality (DEQ) issued Notice of
Violation (NOV) on March 21, 2017
•A Consent Order is pending
•Consent Order will include a •
Corrective Action Plan with an
implementation schedule
•Financial penalties are possible
These are the options under consideration:
Regional Landfill — Options
Under Consideration
• Treatment to reduce Chemical Oxygen Demand
(COD)so that more leachate could be pumped to
HRSD
-Very costly and would take time to implement
• Aerosolization for 100,000 gal/day
- Emerging technology, not ready for resolving
current issue
• Pump and Haul 200,000 gal/day for one year to
four different HRSD treatment plants
- Preliminary hauling estimate$6.7M to$9.3M
($17 to$24/ton)
- Does not include onsite costs
April 4, 2017
50
CITY MANAGER BRIEFINGS
SOUTHEASTERN PUBLIC SERVICE
AUTHORITY(SPSA)
LANDFILL and DISPOSAL
ITEM#66927
(Continued)
This is the Summary of Issues:
Summary of Issues
• RePower has not met its contract requirements
• Landfill has significant leachate issues
- NOV issued, Consent Order pending,financial
penalties possible
- Processing of Cell VII CUP is on hold
• SPSA is considering a FY2018 budget based upon
tipping fees of$125/ton for all 12 months, with a
possible mid-year adjustment
• Budget impacts for Virginia Beach are unknown at
this time,but if tipping fee were maintained at
$125/ton for 12 months, it would result in a $3.4
million shortfall in the City's FY2018 budget
These are the Future Actions:
Future Actions
• HDR Engineering Report—Leachate disposal
options and costs(April)
• Consent Order and Corrective Action Plan with
DEQ—following HDR Report(Summer 2017)
• Finalize SPSA Budget(Spring 2017)
• Election of new SPSA Chairman (June 2017,term to
begin July 1, 2017)
• Demonstration that RePower is able to meet
contract obligations(uncertain—dependent upon
future actions by RePower and SPSA)
April 4, 2017
51
CITY MANAGER BRIEFINGS
SOUTHEASTERN PUBLIC SERVICE
AUTHORITY(SPSA)
LANDFILL and DISPOSAL
ITEM#66927
(Continued)
•
Discussion
Mayor Sessoms expressed his appreciation to Mr. Leahy for the informative presentation.
April 4, 2017
52
CITY COUNCIL
LIAISON REPORTS
ITEM#66928
5:25 P.M.
There were no Liaison Reports.
April 4, 2017
53
CITY COUNCIL
COMMENTS
ITEM#66929
5:28 P.M.
Council Lady Wilson advised the "Cycle for Survival" is now called "Crush Cancer". The fundraiser
will be held on May 7`" at Onelife Fitness from 1:00 P.M. —5:00 P.M. and 100%of all proceeds will go
toward lifesaving cancer research. Last year's event raised 5265.000 and they hope to raise more this
year.
April 4, 2017
54
CITY COUNCIL
COMMENTS
ITEM#66930
Councilman Moss previously asked to have someone from the "Insurance Industry" to provide a
presentation on Flood Insurance rates and how they might impact future growth of the Real Estate
Assessments. He just wanted to remind the City Manager of the request.
April 4, 2017
55
CITY COUNCIL
COMMENTS
ITEM#66931
Mayor Sessoms advised he attended the Change of Command at the Navy Installations Command this
past Friday for Vice Admiral Dixon Smith. The Chief of Naval Operations, Admiral John Richardson,
recognized the City for the work on encroachments as well as the Region for working on transportation
issues.
April 4, 2017
56
CITY COUNCIL
COMMENTS
ITEM#66932
Mayor Sessoms advised he was in the Rock Creek Community after the tornado and has never seen a
more diverse community. The Mayor was offered water as soon as he got out of his car and a few blocks
away he was offered pizza. The Mayor recognized the Landstown Baseball Team for their efforts in the
cleanup as they lost their concession stand and press box to the storm. The entire community was helping
each other and it was a very rewarding experience.
Council Lady Abbott advised she has never seen a community so happy after such a horrific weather
event and found the community was happy to be meeting and helping neighbors.
April 4, 2017
57
CITY COUNCIL
AGENDA REVIEW SESSION
ITEM#66933
5:25 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
J. ORDINANCES
I. Ordinances to AMEND the City Code:
a. §36-96 re operations of taxicabs within the City
b. §2-72 re Personnel Board membership
c. §2-110 to allow the City Manager discretion in pay adjustments
d. §2-117 re reclassification for career progression
2. Ordinance to DECLARE Excess City Property with Restrictive Easements on Indian River
Road and Salem Road in the Interfacility Traffic Area:and,AUTHORIZE the City
Manager to sell same to the United States of America:
a. 2848/2508/2509 Salem Road
b. .99 acres on Salem Road acquired from Edward Sargeant
c. Five acres on Indian River Road acquired from Hilda A. Witherington
3. Ordinances to DECLARE Excess City Property:
a. Adjacent to 627 Terrace Avenue and AUTHORIZE the City Manager to sell
same to Bradley C. Durfey
h.245 Middle Land and AUTHORIZE the City Manager to sell the Eastern
half of the property to Samuel G. and Terrie M. Reid and the Western half of
the property to Patricia Straight.
4. Ordinance to ADOPT the 2017 Housing Choice Voucher Annual Agency Plan, including
a revised Administrative Plan; and,AUTHORIZE the City Manager to EXECUTE and
SUBMIT the Plans to the U. S. Department of Housing and Urban Development(HUD)
5. Ordinances to AUTHORIZE acquisition o/::
a. Three(3) easements from the United States of America, Department of the
Navy, across property near Potters Pit
b. Property in fee simple as right-of-way for the Shipp's Corner Road
improvements and the acquisition of temporary and permanent easements,
either by agreement or condemnation
6. Ordinances to ACCEPT,APPROPRIATE and TRANSFER:
a. $1,800,000 to the Risk Management Internal Services Fund
b. $1,951,076 from Virginia Department of Transportation (VDOT)to Public
Works for road maintenance
c. $57,000from the U.S. Department of Justice to the Police for Human
Trafficking Enforcement and Training
d. $11,250 from the Federal and State Seized Asset Fund Balance to the Police
in a grant match
e. $150,000 within Public Libraries to purchase a Point-of-Sale system,
computers and related equipment
COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#6a
April 4, 2017
58
AGENDA REVIEW SESSION
ITEM#66933
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
J. PLANNING
1. BRYANT WINDBORNEfor a Variance to§4.4 (b)of the Subdivision Regulations re a
single family home at 2832 West Gibbs Road DISTRICT 7—PRINCESS ANNE
2. OANH DANG and HOLLAND SOUTH INVESTMENTS,LLC for Modification of
Conditions re business and vocational school at 3420 Holland Road(Approved March 3,
2015)DISTRICT 3—ROSE HALL
3. BELIN MUTUAL FINANCE,LLC.for a Conditional Change of Zoningfrom AG-2
Agricultural to Conditional 1-1 Light Industrial and Conditional Use Permits re auto repair
and bulk storage at 3156 Holland Road DISTRICT 3—ROSE HALL
4. ELLEN ABNEY and DARRELL and ELLEN ABNEYfor a Conditional Use Permit re
home-based Wildlife Rehabilitation at 428 Becton Place DISTRICT 5—LYNNHAVEN
5. CITY ZONING ORDINANCES(CZO) to AMEND:
a. §905 re sign regulations in the B-4K Kempsville Area Mixed Use District
b. § 11/0 re home-based Wildlife Rehabilitation as a Conditional Use in the
PD-H1 Planned Unit Development District
c. 20/6 Comprehensive Plan Policy Document re Seapines Station
COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#5a
MAYOR SESSOMS WILL ABSTAIN ON ITEM#2
MAYOR SESSOMS WILL ABSTAIN ON ITEM#3
ITEM#5c WILL BE DEFERRED INDEFINITELY
April 4, 2017
59
ITEM#66934
Mayor William D. Sessoms, Jr., 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)
• Boards, Commissions, Committees, Authorities, Agencies and
Appointees
April 4, 2017
60
ITEM#66934
(Continued)
Upon motion by Councilman Wood, seconded by Council Lady Kane, City Council voted to proceed into
CLOSED SESSION at 5:31 P.M.
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS
Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E.
Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
None
(Closed Session 5:32 P.M. - 5:59 P.M.)
April 4, 2017
61
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
April 4, 2017
6:00 P.M.
Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, April 4, 2017, at 6:00 P.M
Council Members Present:
Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara
M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
INVOCATION: Father James Parke
Retired Priest of the Diocese of Richmond
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at
297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's
transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne
Bank has an interest in numerous matters in which he is not personally involved and of which he does not
have personal knowledge. In that regard, he is always concerned about the appearance of impropriety
that might arise if he unknowingly participates in a matter before City Council in which TowneBank has
an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services
Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter
and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to
thoroughly review each City Council agenda to identt 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
January 13, 2015, is hereby made a part of the record.
April 4, 2017
62
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire
Hathaway Home Services Town Really ("Berkshire Hathaway), which was formerly known as
Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of
transactions it handles in any given year, Berkshire Hathaway has an interest in numerous matters in
which she is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 13, 2015, is hereby made a part of the record
Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes
Goodman and receives income from the firm as a result of her late husband's employment. The income is
proceeds from the sale of his partnership interest,paid out over an extended period of dyne. She is not an
employee of Dixon Hughes Goodman, does not have any role in management of the company and does is
not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of
transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of
which she has no personal knowledge. In that regard, she is always concerned about the appearance of
impropriety that might arise if she unknowingly participates in a matter before City Council in which
Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit
of the State and Local Government Conflict of Interests Act (the "Act"), it is her practice to thoroughly
review each City Council agenda to identify any matters in which she might have an actual or potential
conflict. If during her review of an agenda, she identifies a matter in which she has a "personal
interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure
letter with the City Clerk to be included in the official records of City Council. Council Lady Wilson's
letter of June 2, 2015, is hereby made a part of the record.
April 4, 2017
63
Item—VII-E
CERTIFICATION
ITEM#66935
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
April 4, 2017
T4s
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#66934 Page 60 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.
411e—i.. _-/
R Hodges Fraser,MMC
City Clerk April 4, 2017
64
Item-VL-F
MINUTES ITEM#66936
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the
MINUTES of the SPECIAL SESSION of March 14, 2017 and the INFORMAL and FORMAL
SESSION of March 21, 2017.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood
Council Members Abstaining:
Rosemary Wilson
Council Members Absent:
None
April 4, 2017
65
ADOPT AGENDA
FOR FORMAL SESSION ITEM#66937
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
April 4, 2017
66
Item- VII-H.Ia
PUBLIC HEARING
ITEM#66938
Mayor Sessoms DECLARED A PUBLIC HEARING:
EXCESS CITY PROPERTY
245 Middle Lane
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING
April 4, 2017
67
Item - VII-H.16
PUBLIC HEARING
ITEM#66939
Mayor Sessoms DECLARED A PUBLIC HEARING:
EXCESS CITY PROPERTY
627 Terrace Avenue adjacent to Lake Rudee
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING
April 4, 2017
68
Item- VII-H.le
PUBLIC HEARING
ITEM#66940
Mayor Sessoms DECLARED A PUBLIC HEARING:
EXCESS CITY PROPERTY
Interfacility Traffic Area Conveyance of Restrictive Easements
2848 Indian River Road
2508 Salem Road
2509 Salem Road
Salem Road acquired from Edward Sargeant
Indian River Road acquired from Hilda A. Witherington
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING
April 4, 2017
69
Item - VII-I
ORDINANCES
ITEM#66941
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT:Agenda Items I/b/c/d,2a/b/c,3a/b,4, 5a/b and 6a(MOSS VERBAL NAY)/b/c/d/e
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, Al. Benjamin Davenport, Robert M Dyer, Barbara M.
Henley, Vice Mayor Louis K Jones, Shannon DS Kane, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
April 4, 2017
70
Item -VII-Ela
ORDINANCES
ITEM#66942
The following individuals registered to speak:
Gay Thomas, Virginia Beach City Public Schools, spoke in SUPPORT Ms. Thomas advised the Federal
Law requires the Schools continue transportation of displaced students back to their school or origin.
This request is for an extension of the current contract to June 30, 2017, for the transportation of
homeless students. Hampton Roads Transportation, Inc., (HRTI)provided documentation soliciting cab
companies in the City to be sub-contractors; however, HRTI informed VBCPS none of the solicited
companies responded with interest.
Judy Swystun, 6304 Sewells Point, President of Hampton Roads Transportation, Inc., spoke in
SUPPORT Ms. Swystun advised she notified all Virginia Beach Cab Companies, by hand-delivery,
United States Mail or electronic mail offering the opportunity to sub-contract transportation of the
homeless students, along with the written requirements of the contract. There was no contract company
indicating they could meet the contract requirements or express interest in sub-contracting opportunities.
As such, she notified the VBCPS of same.
Lynne Johnston, 372 South Plaza Trail, Phone: 718-8294, spoke in OPPOSITION. Mrs. Johnston
provided the attached response to a FOIA from Investigator Sargent with the Office of Internal Affairs,
VBPD. At the end of 2016, HRTI removed ten (10) taxicabs from their fleet and is operating with 45
cabs and not the 55 when the contract began. Mrs. Johnston advised she requested a copy of the contract
from VBCPS but the request was denied.
Mohiyidine Cheikh, 7900 Roanoke Avenue, Phone: 339-4946, spoke in OPPOSITION. Mr. Cheikh is the
owner of Orange Cab and expressed concern as he was not informed of this item being considered again
by City Council. The name of the issue was changed from the prior Agenda which did not clarify this
request.
Darryl Johnston, 372 South Plaza Trail, spoke in OPPOSITION Mr. Johnston advised ten or twelve
years ago, an Ordinance was brought before City Council to allow Norfolk Cab Companies to come into
the City and it was voted down. As such, those companies had to register cabs in the City and pay City
Taxes just as everyone else does. HRTI should have put the required number of cabs in the City to meet
the demand of the Contract.
Council Lady Wilson made a motion, seconded by Vice Mayor Jones, to ADOPT Ordinance to AMEND
the City Code.'
a. ,¢36-96 re operations of taxicabs within the City
April 4, 2017
71
Item-VII-Liu
ORDINANCES
ITEM#66942
(Continued)
Council Lady Abbott made a SUBSTITUTE MOTION, seconded by Councilman Wood, to DEFER TO
APRIL 18, 2017, Ordinance to AMEND the City Code:
a. §36-96 re operations of taxicabs within the City
Voting: 8-3
Council Members Voting Aye.'
Jessica P. Abbott, M. Benjamin Davenport, Robert Al. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
April 4, 2017
Y� a City of Virginia Beach
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DEPARTMENT OF POUCE MUNICIPAL CEMER
OFFICE OF INIIXNALNFAIRS Buiio,NG 11
OFFICE:(757)-385-4145 2509 PRINCESS ANNE ROAD
FM:(757)385-4007 VIRGINIA BEACH,VA 23456-9064
February 27,2017
Ms.Johnson
RE: Freedom of Information Act Number: F012017-538
Dear Ms.Johnson,
I have been informed by MPO Jim Price that the number of Black and White taxis of Virginia Beach for
2016 is 55 and the number for 2017 is 45. As the recipient of this information,you are responsible for
secondary dissemination.
Should you have any questions or need further information, I can be reached at (757) 385-4145.
Sincerely,
ail Alirelh
Investigator A.J.Sargent
Custodian of Records
Cc: File
Freedom of Information request may also be requested by clicking the below link and submitting your request.
http://www.vbgov.co m/government/departments/police/profsta nd div/Pages/foia-fo nn.aspx
72
Item-VII-l.It,
ORDINANCES
ITEM#66943
Upon motion by Vice Mayor Jones', seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND the City Code:
h. §2-72 re Personnel Board membership
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
Mayor William D. Sessoms, Jr., John E Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
April 4, 2017
1 AN ORDINANCE TO AMEND SECTION 2-72
2 OF THE CITY CODE PERTAINING TO THE
3 PERSONNEL BOARD
4
5 SECTION AMENDED: § 2-72
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 2-72 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended and ordained to read as follows:
12
13 Sec. 2-72. - Personnel board—Established; composition; appointment, terms and
14 compensation of members; etc.
15
16 (a) There is hereby established a personnel board consisting of five (5) qualified voters
17 appointed by the council for a term of three (3) years. Members shall serve until a
18 successor has been appointed. Vacancies shall be filled by the council by
19 appointment for the unexpired portion of the term. One (1) member of the board
20 shall always be a member of the merit service, as defined in section 2-76 and shall
21 be employed at a level below that of a division manager. The board shall choose
22 one (1) of its members to be the chairperson, and one (1) member to be the vice-
23 chairperson and one (1) member to be the second vice-chairperson for a term of
24 one (1) year. The personnel board shall abide by the personnel board hearings
25 procedure.
26 (b) The director of human resources or a designated alternate staff member shall serve
27 as secretary to the personnel board and shall attend all meetings with no voting
28 privileges.
29 (c) A majority of the members of the personnel board shall constitute a quorum.
30 Members of the board shall serve on a volunteer basis.
31 (d) The city council may appoint not more than four (4) alternates to the board. One (1)
32 Two (2) alternates shall be a members of the merit service, as defined in section 2-
33 76, and shall be employed at a level below that of a division manager. The
34 qualifications, terms and compensation of alternate members shall be the same as
35 those of regular members. A regular member shall, when he knows he will be
36 absent from a meeting, notify the chairmanperson of such fact. The chairmanperson
37 shall select an alternate to serve in the absent member's place, and the records of
38 the board shall so note.
39 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 4th
40 day of April , 2017.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Oka -�
Human Resources CityAttorney's Office
CA13961
R-2
March 9, 2017
73
Item-VII-Llc
ORDINANCES
ITEM#66944
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND the City Code:
c. §2-110 to allow the City Manager discretion in pay adjustments
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara Al.
Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
April 4, 2017
1 AN ORDINANCE TO AMEND SECTION 2-110
2 OF THE CITY CODE TO ALLOW THE CITY
3 MANAGER DISCRETION IN PAY
4 ADJUSTMENTS
5
6 SECTION AMENDED: § 2-110
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Section 2-110 of the Code of the City of Virginia Beach, Virginia, is hereby
12 amended and ordained to read as follows:
13
14 Sec. 2-110. - Promotion.
15
16 (a) A promotion shall be defined as an advancement by an employee to a
17 classification assigned a higher pay range with more complex job duties and
18 responsibilities. • _ : -= _ :- •• - -- _ = ••= =_ - • a-- • = e - - ee - a • - -- - and
19
20 -- - -- - - - - - - - - - . . -. Unless the City Manager shall
21 determine otherwise and notifies City Council of that determination for a non-
22 competitive promotion in advance of promotion, no employee may be promoted unless
23 there is a position vacancy and the employee is selected pursuant to a competitive
24 selection process that is either restricted to current employees or open to the general
25 public.
26
27 (b) When an employee is promoted, his or her salary will be increased as
28 follows: For a promotion of one (1) pay range, the employee will receive a salary
29 increase of five (5) percent or the minimum salary of the pay range advertised
30 whichever results in the higher salary; for a promotion of two (2) or more pay ranges,
31 the employee will receive a salary increase of ten (10) percent, or the minimum salary of
32 the pay range advertised, whichever results in the higher salary. The City Manager has
33 discretion to adiust the pay increase, or to deny a pay increase, to the incumbent's
34 salary based on the organizational structure, compression factors, level of supervisory
35 responsibilities, position in pay range, internal equity, or other factors impacting the
36 administration of the pay system. The City Manager shall not delegate this authority and
37 shall exercise it only on a limited basis.
38
39 (c) The effective date of all promotions will be the first day of a pay period. An
40 employee who is promoted on his or her merit date and is eligible for a merit increase
41 shall also receive the merit increase based on his or her performance appraisal in
42 addition to the pay increase received for the promotion.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 4th
day of April 2017.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
I = ' .' :424,4/li,
Regina S. Hilliard Roderick R. Ingram
Human Resources City Attorney's Office
CA13664
R-4
March 21, 2017
74
Item-VII-I.Id
ORDINANCES
ITEM#66945
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND the City Code:
d. §2-117 re reclassification for career progression
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara Al
Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
April 9, 2017
1 AN ORDINANCE TO AMEND SECTION 2-117
2 OF THE CITY CODE PERTAINING
3 RECLASSIFICATION
4
5 SECTION AMENDED: § 2-117
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 2-117 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended and ordained to read as follows:
12
13 Sec. 2-117. - Career progression.
14
15 (a) A career progression shall be defined as an advancement by an employee
16 to a higher pay within a defined classification series. A career progression does not
17 require a position vacancy.
18 (b) When a career progression action occurs to an employee, the employee's
19 salary will be increased as follows: For a career progression of one (1) pay range, the
20 employee will receive a salary increase of five (5) percent or the
22 minimum salary of the pay range, whichever results in
23 the higher salary; for a career progression of two (2) or more pay ranges, the employee
24 will receive a salary increase of ten (10) percent or the
26 ealary o"�^ pay •^ go minimum salary of the pay range, whichever results in the
27 higher salary. The City Manager has discretion to adiust the pay increase, or to deny a
28 pay increase, to the incumbent's salary based on the organizational structure
29 compression factors, level of supervisory responsibilities, position in pay range, internal
30 equity, or other factors impacting the administration of the pay system. The City
31 Manager shall not delegate this authority and shall exercise it only on a limited basis.
32
33 (c) The effective date of all career progressions will be the first day of the pay
34 period. An employee who receives a career progression on his or her merit date and is
35 eligible for a merit increase may also receive the merit increase based on the
36 employee's performance appraisal in addition to the pay increase received for the
37 career progression.
38
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 4th
April
day of , 2017.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
As
Re•ina S. Hilliard Roderick R. Ingram
Human Resources City Attorney's Office
CA13664
R-3
March 21, 2017
75
Item-VII-L2a/b/c
ORDINANCES
ITEM#66946
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to DECLARE Excess City Property with Restrictive Easements on Indian River
Road and Salem Road in the Interfacility Traffic Area: and, AUTHORIZE the City Manager sell same to
the United States of America::
a. 2848/2508/2509 Salem Road
h. .99 acres on Salem Road acquired from Edward Sargeant
c. Five acres on Indian River Road acquired from Hilda A. Witherington
Voting: 11-0
Council Members Voting Aye:
Jessica P.Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
April 4, 2017
1 ORDINANCE TO DECLARE RESTRICTIVE
2 EASEMENTS OVER CITY-OWNED PROPERTIES
3 KNOWN AS 2848 INDIAN RIVER ROAD (GPIN: 1493-
4 43-0050 AND 1493-43-2693); 2508 SALEM ROAD
5 (GPIN: 1484-42-1673); 2509 SALEM ROAD (GPIN:
6 1484-32-5777); 0.99 ACRES OF LAND ON SALEM
7 ROAD (GPIN: 1484-40-0624); AND 5.0 ACRES OF
8 LAND ON INDIAN RIVER ROAD (GPIN: 1483-29-4001)
9 IN THE INTERFACILITY TRAFFIC AREA TO BE
10 EXCESS PROPERTY INTERESTS AND AUTHORIZING
11 THE CITY MANAGER TO CONVEY SAME TO THE
12 UNITED STATES OF AMERICA
13
14 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain
15 properties located in the Interfacility Traffic Area (the "ITA") in the City of Virginia Beach,
16 Virginia, which properties are identified as follows (collectively, the "Properties"):
17
18 1. 2848 Indian River Road (27.8 acres ±), acquired from Mildred W.
19 Lambert; GPINs: 1493-43-0050 and 1493-43-2693
20
21 2. 2508 Salem Road (7.1 acres ±), acquired from the Estate of Gloria
22 G. McDonald; GRIN: 1484-42-1673
23
24 3. 2509 Salem Road (0.3 acres ±), acquired from Paul and Diana
25 Beachboard; GPIN: 1484-32-5777
26
27 4. Salem Road (.99 acres ±), acquired from Edward Sargeant, et als.;
28 GPIN: 1484-40-0624
29
30 5. Indian River Road (5.0 acres ±), acquired from Hilda A.
31 Witherington, et als.; GPIN: 1483-29-4001
32
33 WHEREAS, on September 27, 2007, the City and the United States of
34 America, Department of the Navy (the "Navy") entered into an agreement (the
35 "Encroachment Partnering Agreement") to partner to protect property in the ITA from
36 incompatible development;
37
38 WHEREAS, the terms and provisions of the Encroachment Partnering
39 Agreement, as amended, provide that the City will sell to the Navy restrictive easements
40 (the "Restrictive Easement(s)") over property the City acquires in the ITA and the Rural
41 AICUZ Area, and in exchange the Navy will pay to the City 100% of the fair market
42 value of the Restrictive Easements, up to 50% of the appraised fair market value of the
43 property the City acquired;
44
45 WHEREAS, the City acquired the Properties pursuant to the ITA
46 Acquisition Program, an element of the City's BRAC response program;
47
48 WHEREAS, the City funded the acquisition of the Properties through a
49 partnership with the Commonwealth of Virginia (the "Commonwealth"); and
50
51 WHEREAS, the City Council of the City of Virginia Beach finds that the
52 Restrictive Easements over the Properties are in excess of the City's needs and finds
53 that the sale of the Restrictive Easements to the Navy, pursuant to the terms of the
54 Encroachment Partnering Agreement, as amended, will allow the City and the
55 Commonwealth to recover a portion of the funds paid for the Properties.
56
57 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
58 OF VIRGINIA BEACH, VIRGINIA:
59
60 1. That Restrictive Easements over the Properties identified above are
61 hereby declared to be in excess of the needs of the City of Virginia Beach;
62
63 2. That the City Manager is hereby authorized to execute any documents
64 necessary to convey the Restrictive Easements to the Navy, in substantial conformity
65 with the terms and provisions of the Encroachment Partnering Agreement dated
66 September 27, 2007, as it has been or may be amended, and such other terms,
67 conditions or modifications as are deemed necessary and sufficient by the City Manager
68 and in a form deemed satisfactory by the City Attorney.
69
70 3. That revenue from the sale of the Restrictive Easements in the amount of
71 $731,350 shall be received, and fifty percent (50%) of this amount shall be deposited for
72 appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana
73 Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) shall be
74 deposited for future payment to the Commonwealth by the City Manager to refund the
75 Commonwealth's portion in accordance with the grant agreement.
76
77 This ordinance shall be effective from the date of its adoption.
78
79 Adopted by the Council of the City of Virginia Beach, Virginia, on the
80
4th day of April
, 2017.
R-1
3/20/2017
CA13860
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7,A7pPROVE to CONTENT • ' ' ROVED A)S T(O CO T
Public Works/Real Estate3 I Z 1W Budget & Managemen Services
AP, ROVED AS TO LEGAL SUFFICIENCYSA4EG
City Attorney's Offic
SUMMARY OF TERMS
OF
ENCROACHMENT PARTNERING AGREEMENT, AS AMENDED:
Parties:
The City of Virginia Beach and The United States of America, acting through the
Department of the Navy
Term of Agreement:
The term of the agreement expires September 30, 2019, unless sooner terminated
by either party, upon 30 days' notice to the other party. The agreement may be
renewed or extended as the parties agree.
Other Terms
1. If the City purchases property from willing sellers in the ITA, then the Navy will
purchase from the City a restrictive easement over that property limiting its
use to those uses marked with a "V" in the Table set forth in City Zoning
Ordinance Section 1804 as enacted on the date of the Multi-Year Agreement
(copy attached hereto as Exhibit A"):
a. If the property is in 65-70 and 70-75 dB DNL Noise Zones, then the
property would be limited to the allowed uses in 70-75 dB DNL Noise
Zone, as stated in the Table;
b. If the property is in >75 dB DNL, then the property would be limited to
the allowed uses in >75 dB DNL Noise Zone;
2. The Navy will pay 100% of the appraised fair market value of the restrictive
use easement or 50% of the appraised fair market value of the real property
interest acquired by the City, whichever is less. After the appraisals are
completed, the City can decide on a case-by-case basis whether to sell an
easement to the Navy.
3. The Navy may contribute any amount of funds to acquire easements pursuant
to the Encroachment Partnering Agreement, to the extent that funds are
appropriated, without requiring an amendment to the Agreement.
4. The City shall provide surveys necessary to delete all standard exceptions for
title insurance as to surveys.
5. The City and the Navy will obtain one appraisal to be used both for the City's
acquisition of the property and for the Navy's later purchase of the restrictive
easement from the City, and the Navy will share in the cost (50%) of obtaining
such appraisals.
6. The area subject to the Agreement includes both the ITA and the area south
of Indian River Road, within the contours of the Air Installations Compatible
Use Zones (AICUZ), which area is preliminarily being called the Rural AICUZ
Area ("RAA"), for sale of easements to the Navy, as has been done in the
ITA.
7. The City and the Navy may obtain one survey to be used both for the City's
acquisition of the property and for the Navy's later purchase of the restrictive
easement from the City, and the Navy will share in the cost (50%) of obtaining
such survey.
EXHIBIT A TO GRANT OF EASEMENT
TABLE I - AIR INSTALLATIONS COMPATIBLE USE ZONES
LAND USE COMPATIBILITY IN NOISE ZONES
Land Use Land Use
Compatibility
Land Use Name 70-75 dB >75 dB
DNL DNL
Residential and Related
Single-family dwellings N N
Semidetached dwellings N N
Attached dwellings/townhouses N N
Duplexes N N
Multiple-family dwellings N N
Dormitories and other group quarters N N
Mobile home parks N N
Hotels and motels N N
Other residential uses N N
Manufacturing
Food & kindred products; manufacturing Y Y
Textile mill products; manufacturing Y Y
Apparel and other finished products; products made from Y Y
fabrics, leather and similar materials; manufacturing
Lumber and wood products (except furniture); manufacturing Y Y
Furniture and fixtures; manufacturing Y Y
Paper and allied products; manufacturing Y Y
Printing, publishing, and allied industries Y Y
Chemicals and allied products; manufacturing Y Y
Petroleum refining and related industries Y Y
Rubber and misc. plastic products; manufacturing Y Y
Stone, clay and glass products; manufacturing Y Y
Primary metal products; manufacturing Y Y
Fabricated metal products; manufacturing Y Y
Professional scientific, and controlling instruments; Y Y
photographic and optical goods; watches and clocks
Miscellaneous manufacturing Y Y
Transportation, communication and utilities
Railroad, rapid rail transit, and street railway transportation Y Y
Motor vehicle transportation Y Y
Aircraft transportation Y Y
Marine craft transportation Y Y
Highway and street right-of-way Y Y
Automobile parking Y Y
Communication Y Y
Utilities Y Y
Other transportation, communication and utilities Y Y
Trade
Wholesale trade Y Y
Retail trade- building materials, hardware and farm Y Y
equipment
Retail trade - general merchandise Y Y
Retail trade - food Y Y
Retail trade- automotive, marine craft, aircraft and Y Y
accessories
Retail trade - apparel and accessories Y Y
Services
Retail trade - furniture, home,furnishings and equipment Y Y
Retail trade- eating and drinking establishments Y Y
Other retail trade Y Y
Finance, insurance and real estate services Y Y
Personal services Y Y
Cemeteries V Y
Business services Y Y
Warehousing and storage Y Y
Repair services Y Y
Professional services Y Y
Hospitals, other medical facilities Y N
Nursing homes N N
Contract construction services Y V
Government services Y Y
Educational services Y N
Miscellaneous Y Y
Cultural, entertainment and recreational
Cultural activities (& churches) V N
Nature exhibits N N
Public assembly halls N N
Auditoriums,concert halls V N
Outdoor music shells, amphitheaters N N
Outdoor sports arenas, spectator sports Y N
Other outdoor recreational facilities Y Y
Indoor recreational facilities V V
Campgrounds V N
Parks Y N
Other cultural, entertainment and recreation Y N
Resource Production and Extraction
Agriculture(except live stock) Y V
Livestock farming Y N
Animal breeding Y N
Agriculture related activities Y V
Forestry activities Y V
Fishing activities V V
Mining activities Y V
Other resource production or extraction V Y
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76
Item -VII-L3a
ORDINANCES
ITEM#66947
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to DECLARE Excess City Property:
a. Adjacent to 627 Terrace Avenue and AUTHORIZE the City
Manager to sell same to Bradley C. Durfey
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
April 4, 2017
1 AN ORDINANCE DECLARING APPROXIMATELY
2 1,287 SQ. FT. OF CITY PROPERTY LOCATED
3 ADJACENT TO 627 TERRACE AVENUE TO BE IN
4 EXCESS OF THE CITY'S NEEDS AND
5 AUTHORIZING THE CITY MANAGER TO SELL
6 THE PROPERTY TO BRADLEY C. DURFEY
7
8 WHEREAS, the City of Virginia Beach (the "City") owns property known as Lake
9 Rudee;
10
11 WHEREAS, Bradley C. Durfey ("Durfey") owns 627 Terrace Avenue, which is
12 adjacent to Lake Rudee;
13
14 WHEREAS, Durfey desires to purchase approximately 1,287 sq. feet of
15 marshland along the border of his property (the "Excess Area") and incorporate the
16 Excess Area into his existing property, as shown on Exhibit A attached hereto;
17
18 WHEREAS, City staff has reviewed the request and supports conveying the
19 Excess Area to Durfey, pursuant to the terms and conditions as set forth in the
20 Summary of Terms, attached hereto as Exhibit B; and
21
22 WHEREAS, the City Council is of the opinion that the 1,287 sq. ft. portion of the
23 City's property is in excess of the needs of the City.
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27
28 1. That the 1,287 sq. ft. portion of land located adjacent to Lake Rudee and
29 627 Terrace Avenue, shown on Exhibit A, attached hereto and made a part hereof, is
30 hereby declared to be in excess of the needs of the City of Virginia Beach.
31
32 2. That the City Manager is hereby authorized to execute any documents
33 necessary to convey the Excess Area to Bradley C. Durfey, in accordance with the
34 Summary of Terms, attached hereto as Exhibit B and made a part hereof, and such
35 other terms, conditions or modifications as may be acceptable to the City Manager and
36 in a form deemed satisfactory by the City Attorney.
37
38 This Ordinance shall be effective from the date of its adoption.
39
40 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day
41 of April , 2017.
42
43 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-
44 FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:F '//_
1 ao€' �✓ 4/
Public Works/ Real Estate ;l zj�-� City Attorney 4
CA13857
Ubgay.com DFSI`ApplicalPonsCityLawProchcycorra2.com\DFS \Wpa actlW02V01800158854.DDD
R-1
March 23, 2017
EXHIBIT A
LOT t•5.4/3 SO FT OR 0.124 AC.
AREA TO BE CONVEYED AS EXCESS-4281 S0. FT OR 0.030 AC.
LOTS 26 B 27.BLOCK 32 LOT 24.BLOCK 32
SHADOWLAWN SHADOWLAWN
HEIGHTS Hue/Irs
/MB(B( PG 501 (MB /8/.PG 30)
GRIN 2427-02-4559 GRIN 242 7-01-564/
-2,-, to ,6 R. 2.
V,i PMIS)
PM(S) N82°4500'E 61.00' 08
WIENS
No
A/C
ON/
PADS
II
25.300 PROPANE
�6W LOT B.BLOCK 31 • TAx'Y
'1 SHADOWLAWN
EDGE OF MARSH � H E)GHTS
�(MB/BL PG 30/
(M.B. lB/, PG 30) et;
1STOR 552
b.O Ll 1 2 STORY o LOT A.BLOCK 32
o O FRAME tl SHADOWLAWN
O NE16Hr5
U b R 'OI (627 (MR IBL PG 30)
W q i' 0� • _ ILIA 3 SPIN 2427-02-5572
0 0 W o W , /_�
•
2 VDI O to b B R(Sl 3 p=— h(M)
5555 Cc44 y " Iry w Z
j0 lUnm 0. .I .) ..Ik 2
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Lc. No. 1659
THE PROPERTY APPEARS
TO L/E IN ZONES'X'AND - 0113-17
AE(ELEV 70)AS SCALED EXHIBIT SHOWING PROPERTY
a/55COMMUNITY
/o0 8 G�T iIS I/570 TO BE CONVEYED AS EXCESS (•9'Yp SuRVC:(
CERTIFY TAH THISFROM THE CITY OF V/RG/N/A BEACH
HA
REFERSTOOTHE SAMSE
Lor AS SET FORTH BY V/RG/N/A BEACH, VIRGINIA
PL A T DA TED 02/24/1984 FIVE(5)FOOT PRIVATE DFA/NAGE
AND RECORDED IN THE TO EASEMENT EXISTS ALONG REAR AND
CLERKS OFFICE OF THE EASTERN SIDE PROPERTY LINES
CIRCUIT COURT of BRADLEY C. DURFEY (MB 181.PG 30)
VIRGINIA BEACH, VIRGINIA
IN Me IBL PAGE 30 HASSELL 9 FOLKES, P.C.
ENG/NEERS-SURVEYORS-PLANNERS
W.O./50506 325 VOLVO PARKWAY
O' /0 20' 40' CHESAPEAKE. YMtWA 23320
DATE'02/2///7 I I PHONE:(757)547-915/ FAX:(157)547-948I
GRAPHIC SCALE:/.20' ^ SIP°-°°6+4°°"
EXHIBIT B
SUMMARY OF TERMS
SALE OF APPROXIMATELY 1,287 SQ. FT. OF
CITY PROPERTY ADJACENT TO LAKE RUDEE
SELLER: City of Virginia Beach (the "City")
BUYER: Bradley C. Durfey
PROPERTY: Approximately 1,287 square feet of marshland along Lake
Rudee, located adjacent to 627 Terrace Avenue
SALE PRICE: $1,100.00
CONDITIONS OF SALE:
• The Buyer shall, at his sole expense, resubdivide the property, vacating
internal lot lines and incorporating the approximate 1,287 square feet into
his existing property located at 627 Terrace Avenue.
• Upon resubdivision, the current R-5S zoning of the Buyer's existing
property will be extended to the new lot line (per Section 102(b)(4(iv) of
the Zoning Ordinance)
• The Buyer will dedicate a public drainage easement over the entire area to
be conveyed.
• The City will reserve its riparian rights over the property to be conveyed to
the Buyer.
• The Buyer shall submit any plans for future construction to the Planning
Department for approval and obtain any necessary permits and
inspections.
• The Purchaser shall adhere to all zoning ordinances.
• Closing shall occur no later than one year from the date the Agreement of
Sale is fully executed.
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77
Item-VII-L3ob
ORDINANCES
ITEM#66948
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to DECLARE Excess City Property:
b. 245 Middle Lane and AUTHORIZE the City Manager to sell the
Eastern half of the property to Samuel G. and Terrie M. Reid and the
Western half of the property to Patricia Straight
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
Mayor William D. Sessoms, Jr., John K Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
April 4, 2017
1
2 AN ORDINANCE DECLARING THE PROPERTY
3 LOCATED AT 245 MIDDLE LANE (GPIN 2407-95-
4 9613) TO BE IN EXCESS OF THE CITY'S NEEDS
5 AND AUTHORIZING THE CITY MANAGER TO SELL
6 THE EASTERN ONE-HALF TO SAMUEL G. REID
7 AND TERRIE M. REID AND THE WESTERN ONE-
8 HALF TO PATRICIA A. STRAIGHT
9
10 WHEREAS, the City of Virginia Beach (the "City") is the owner of that
11 certain 7,056 sq. ft. parcel of land located at 245 Middle Lane (the "Property") more
12 particularly described on Exhibit "A" attached hereto and made a part hereof;
13
14 WHEREAS, the City acquired the Property pursuant to the APZ-1
15 Acquisition Program;
16
17 WHEREAS, the City funded the acquisition of the Property through a
18 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party
19 contributing fifty percent (50%) of the funds;
20
21 WHEREAS, the Property is in the midst of other residences and at the
22 time of acquisition was improved with a residential duplex;
23
24 WHEREAS, Samuel G. Reid and Terrie M. Reid (the "Reids") own the
25 adjacent property at 241 Middle Lane and have requested to purchase the eastern one-
26 half of the Property (3,528 sq. ft.) in order to utilize it in a manner compatible with the
27 Ordinance;
28
29 WHEREAS, Patricia A. Straight ("Straight") owns the adjacent single-
30 family residence and has requested to purchase the western one-half of the Property
31 (3,528 sq. ft.) in order to utilize it in a manner compatible with the APZ-1 Ordinance;
32
33 WHEREAS, the Reids and Straight desire to purchase their respective
34 portions of the Property in accordance with the Summary of Terms attached hereto as
35 Exhibit "B" and made a part hereof (the "Summary of Terms");
36
37 WHEREAS, the APZ-1 Disposition Committee has recommended that
38 City Council declare the Property to be in excess of the City's needs and sell the
39 eastern one-half of the Property to the Reids and the western one-half of the Property to
40 Straight; and
41
42 WHEREAS, the City Council is of the opinion that the Property is in
43 excess of the needs of the City of Virginia Beach.
44
45 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
46 OF VIRGINIA BEACH, VIRGINIA:
46 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
47 OF VIRGINIA BEACH, VIRGINIA:
48
49 That the Property located at 245 Middle Lane is hereby declared to be in
50 excess of the needs of the City of Virginia Beach and that the City Manager is hereby
51 authorized to execute any documents necessary to convey the Property to Samuel G.
52 Reid and Terrie M. Reid, and Patricia A. Straight in accordance with the Summary of
53 Terms and such other terms, conditions or modifications as may be acceptable to the
54 City Manager and in a form deemed satisfactory by the City Attorney.
55
56 Further, that revenue from the sale of the Property in the amount of
57 $7,056 shall be received and fifty percent (50%) of the amount will be deposited for
58 appropriation in future Capital Improvement Program capital budgets in Capital
59 Improvement Project #9-059, Oceana and Interfacility Traffic Area Conformity and
60 Acquisition II, and fifty percent (50%) will be deposited for future payment by the City
61 Manager to refund the Commonwealth's portion in accordance with the grant
62 agreement.
63
64 This ordinance shall be effective from the date of its adoption.
65
66 Adopted by the Council of the City of Virginia Beach, Virginia, on the
67 4th day of April , 2017.
CA13623
R-1
3/7/17
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APPROVED AS TO LEGAL
SUFFICIENCY
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EXHIBIT "A"
GPIN: 2407-95-9613 (245 Middle Lane)
ALL THAT certain lot, piece or parcel of land, together
with the buildings and improvements thereunto
belonging, lying, situate and being in the City of Virginia
Beach, Virginia, and being known, numbered and
designated as "PROPERTY OF JAMES D. FREEMAN,
JR. INT. NO. 20130222000210560 (WILL) INST. NO.
20130222000210570 (ORDER) M.B. 23, PG. 29 GPIN:
2407-95-9613," and further designated and described as
"PROPERTY TO BE ACQUIRED 7,056 SQ. FT. OR
0.16198 AC.," as shown on that certain plat entitled,
"PLAT SHOWING PROPERTY TO BE ACQUIRED
FROM JAMES D. FREEMAN, JR. BY CITY OF
VIRGINIA BEACH FOR OCEANA & INTERFACILITY
TRAFFIC AREA CONFORMITY & ACQUISITION
PROGRAM, CIP 9-060.001 VIRGINIA BEACH,
VIRGINIA", Scale: 1"=25', dated September 22, 2014,
prepared by Department of Public Works, Engineering
Group, Survey Bureau, City of Virginia Beach, Virginia,
which said plat was recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia as
Instrument Number 20141229001204890, to which
reference is made for a more particular description.
RESERVING UNTO THE CITY all right, title and interest
of the City in and to any and all easements, rights of way,
private roads and other rights of access, ingress and/or
egress adjacent to appurtenant to or in any way
benefiting the City or the public.
IT BEING a portion of the same property conveyed to the
City of Virginia Beach by deed dated November 5, 2014,
and recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach as Instrument Number
20141231001218120.
EXHIBIT "B"
SUMMARY OF TERMS
SALE OF EXCESS PROPERTY LOCATED AT 245 MIDDLE LANE
Seller: City of Virginia Beach
Buyers: 1) Samuel G. Reid and Terrie M. Reid (owners of 241 Middle Lane)
to purchase eastern one-half(front portion)(approx. 47.02' x 75.03',
or 3,528 sq. ft.) of Property
2) Patricia A. Straight (owner of 1540 Michigan Avenue) to
purchase western one-half(rear portion)(approx. 47.02' x 75.03', or
3,528 sq. ft.) of Property
Property: 7,056 square feet, generally known as 245 Middle Lane (GPIN:
2407-95-9613)
Legal Description: See Exhibit "A" to Ordinance
Sale Price: $3,528 from each Buyer, for a total of$7,056
CONDITIONS OF SALE:
• Property is purchased "As is, Where is."
• Buyers have been advised of APZ-1 restrictions for use.
• Buyers may use the Property for accessory structures, or Buyers may
otherwise utilize the Property for construction in conjunction with their
adjacent property upon resubdivision to remove interior lot lines;
however, Buyers may not add any new dwelling units.
• Seller shall resubdivide the Property with the Buyers' adjacent
properties at the Seller's expense to create an eastern and western
portion of the Property, but otherwise vacate interior lot lines.
• Seller will record deed restrictions permanently preventing new
dwelling units prior to or simultaneous with conveyance.
• The sale is conditioned upon both Buyers' purchase of their respective
one-half of the Property.
• Closing shall be on or before April 30, 2019.
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78
Item-VII-L4
ORDINANCES
ITEM#66949
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to ADOPT the 2017 Housing Choke Voucher Annual Agency Plan, including a
revised Administrative Plan; and, AUTHORIZE the City Manager to EXECUTE and SUBMIT the
Plans to the U. S. Department of Housing and Urban Development(HUD)
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbot!, M. Benjamin Davenport, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
April 4, 2017
1 AN ORDINANCE TO ADOPT THE 2017 HOUSING CHOICE
2 VOUCHER ANNUAL AGENCY PLAN, INCLUDING A
3 REVISED ADMINISTRATIVE PLAN, AND TO AUTHORIZE
4 THE CITY MANAGER TO EXECUTE AND SUBMIT THE
5 PLANS TO THE U.S. DEPARTMENT OF HOUSING AND
6 URBAN DEVELOPMENT
7
8 WHEREAS, the City's Department of Housing and Neighborhood Preservation
9 ("DHNP") operates the federally-funded Housing Choice Voucher program ("HCV
10 Program"), formerly known as the Section 8 Program;
11
12 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD")
13 requires agencies that operate HCV programs to submit (1) an Annual Agency Plan for
14 each fiscal year in which DHNP receives federal funding for its HCV Program; and (2) a
15 revised Administrative Plan, as applicable;
16
17 WHEREAS, the purpose of the Annual Agency Plan is to update HUD on the
18 DHNP's progress in achieving the goals stated in the Five-Year Plan;
19
20 WHEREAS, the purpose of the Administrative Plan is to describe in detail the
21 operational procedures of the HCV program in DHNP;
22
23 WHEREAS, the DHNP is also required by HUD to include a certification in the
24 Five Year Agency and Annual Plan demonstrating DHNP's compliance with applicable
25 laws, and HUD rules and regulations, in order to continue to operate the HCV program;
26
27 WHEREAS, an Executive Summaries of the Annual Plan and a Summary of
28 Administrative Plan Changes is attached hereto, and a copy of all Plans are on file with
29 the City Clerk.
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
32 VIRGINIA BEACH, VIRGINIA:
33
34 That DHNP's Annual Plan and Administrative Plan for the Housing Choice
35 Voucher Program are hereby approved, provided such plans conform in all material
36 aspects to the Executive Summary and Summary of Administrated Plan Changes
37 attached hereto; and
38
39 That the City Manager is hereby authorized to execute and submit the Annual
40 Plan and any certifications regarding such plan or the Administrative Plan to the U.S.
41 Department of Housing and Urban Development.
Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day
of April , 2017.
APeRQYED fFO CONTENT: a • . • AS TO LEGAL SUFFICIENCY
Ari rew M. Friedman a .rmeyer
DHNP
CA13967/ R-1 March 23, 2017
Executive Summary
2017 Housing Choice Voucher—Annual and Administrative Plans
Department of Housing and Neighborhood Preservation
April 4, 2017
Federally Required Plans for the Housing Choice Voucher Program
The Department of Housing&Neighborhood Preservation (DHNP)operates the federal
Housing Choice Voucher Program (HCV) in the city. The program provides funding for
rental subsidies for over 2,000 households in Virginia Beach and in some cases in
neighboring cities. Funding for the HCV program is from the U.S. Department of
Housing and Urban Development. In order to comply with all Federal requirements for
this program, the city must establish policy and procedures to ensure consistency in
program operation and adopt the following plans:
Plan Name Summary Purpose and Status
Content
Five Year Provides long term guidance This plan was developed
Agency Plan for the program and adopted by Council in
2015.
Annual Agency Describes the agency's plan Developed by staff and
Plan for the current year, proposed for adoption by
consistent with the five year Council with this ordinance
plan
Administrative Describes in detail how the Amendments have been
Plan HCV program will operate developed by staff and are
proposed for adoption by
Council with this ordinance
Pursuant to 24 CFR 982.54 the VBDHNP must adopt a written administrative plan that
establishes local policies for administration of the(HCV)program in accordance with
HUD requirements. The administration plan and any revisions of the plan must be
formally adopted by the City Council. This is required because Virginia Beach does not
have a housing authority and, therefore no board of commissioners. The administrative
plan states VBDHNP's policy on matters for which the VBDHNP has discretion to
establish local policies. The plan must be in accordance with HUD regulations and
requirements. The current administrative plan was approved by the Virginia Beach City
Council on April 5,2016 and subsequently submitted to the Department of Housing and
Urban Development. The administrative plan is the key attachment to the HCV Five
Year and Annual Agency Plans which are also submitted by the VBDHNP.
CONTENTS OF THE PLAN
Federal regulations 24 CFR 982.54 further stipulate the VBDHNP administrative plan
must cover VBDHNP policies on the following subjects:
1
Executive Summary
2017 Housing Choice Voucher—Annual and Administrative Plans
Department of Housing and Neighborhood Preservation
April 4, 2017
• Selection and admission of applicants from the DHNP waiting list, including any
DHNP admissions preferences, procedures for removing applicant names from
the waiting list, and procedures for closing and reopening the DHNP waiting list
(Chapter 4);
• Issuing or denying vouchers, including DHNP policy on governing the voucher
term and any extensions or suspensions of the voucher term. "Suspension" means
stopping the clock on the term of a family's voucher after the family submits a
request for"approval of the tenancy" (Chapter 8);
• Any special rules for use of available funds when HUD provides funding to the
DHNP for special purpose(e.g. continuum of care), including funding for
specified families or specified category of families (Chapter 4);
• Occupancy polices, including definition of what group of persons may qualify as
a "family", definition of when a family is considered to be"continuously
assisted", standards for denying admissions or terminating assistance based on
criminal activity or alcohol abuse in accordance with 982.553 (Chapters 5 and
15);
• Encouraging participation by owners of suitable units located outside of areas of
low income(Chapter I);
• Assisting a family that claims that illegal discrimination has prevent the family
from leasing a suitable unit (Chapter2);
• Providing information about a family to prospective owners (Chapters 3 and 9);
• Disapproval of owners (Chapter 13);
• Subsidy standards (Chapter 5);
• Family absence from the dwelling unit (Chapter 12);
• How to determine who remains in the program is a family breaks up (Chapter 12);
• Informal review procedures for applicants (Chapter 18);
• Informal hearing procedures for participants (Chapter 16);
• The process for establishing and revising voucher payment standards (Chapter 8);
2
Executive Summary
2017 Housing Choice Voucher—Annual and Administrative Plans
Department of Housing and Neighborhood Preservation
April 4, 2017
• The method of determining reasonable rent to owners (Chapter 11);
• Special policies concerning special housing types in the program (e.g. use of
shared housing) (Chapter 4);
• Policies concerning debts owed by families to DHNP (Chapter 17);
• Interim re-determinations of family income and composition(Chapter 12);
• Restrictions on the number of moves by a participant family(Chapter 13);
• Approval by the board of commissioners or other authorized officials to charge
the administrative fee reserve(Chapter 1);
• Procedural guidelines and performance standards for conducting required housing
quality standard inspections(Chapter 10); and
• DHNP screening of applicants for family behavior or suitability for tenancy
(Chapter 2)
Additional Detail on Plan Contents
Annual Agency Plan: This plan must be submitted annually. The plan as developed by
staff contains the following information:
- Eligibility, selection and admissions policies, including de-concentration and wait
list procedures
- Financial resources
- Rent deteuuination procedures
- Operations and management
- Grievance procedures
- Self-sufficiency programs (FSS)
- Civil rights certifications
- Fiscal year audit
- Housing needs for the area
- Strategy for meeting housing needs
- Progress in meeting mission and goals
- Any significant amendment and substantial deviations or modifications
- Any plan elements that have been revised since the last Annual Plan certification
- A listing of the locations where key elements of the Plan can be found
3
Executive Summary
2017 Housing Choice Voucher—Annual and Administrative Plans
•
Department of Housing and Neighborhood Preservation
April 4, 2017
As mentioned,many of the above requirements are contained in documents that are
maintained in the offices of DI-INP. Those documents and their location can merely be
cited rather than included in this plan.
In addition to City Council adoption of the 2017 Agency Plan,there must also be
approval of two HUD required certifications. A copy of those certifications is attached to
this executive summary. The first certification is HUD Form 50077 which speaks to
DHNP's compliance with various program and statutory requirements including Fair
Housing, Title VI or the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act,
ADA regulations and various other federal laws. The second certification is HUD Form
50077-s1 which states that the Housing Choice Voucher Agency Plan is consistent with
the City's Consolidated Plan, and is previously cited.
On February 21, 2017, the Annual Plan Update was made available to the public for the
required 45-day review period. A public hearing was held on March 9, 2017, in
conjunction with our resident advisory board meeting. Their comments will be attached
to the final HUD submittal along with any that are received from the general public.
The approved Annual Agency Plan along with the two required certifications must be
electronically submitted to HUD no later than April 15,2017,which is the required 75
days before the beginning of our Fiscal Year of July 1, 2017.
Administrative Plan:
Staff has developed revisions to the 2017 plan. Primary differences between the prior
plan and this proposed revision are as follows:
• Format, grammatical and organizational corrections.
• Revisions to ensure the plan reflect actual day-to-day operations of VBDHNP's
Rental Housing Division.
• Amend admission language to allow temporary acceptance of families into the
housing program who lack social security number verification for 90 days
(Chapter 2).
• Amend occupancy standards language to read "the utility allowance allocation is
based on the lesser of the actual unit size or the approved voucher size" (Chapter
5).
• Includes an insertion of language to identify determination of income exclusion
sources (Chapter 6).
• Includes an insertion in the Housing Quality Standards and Inspection Policy to
include the adoption of the biennial inspection provision (Chapter 10).
4
Executive Summary
2017 Housing Choice Voucher—Annual and Administrative Plans
Department of Housing and Neighborhood Preservation
April 4, 2017
• Includes an insertion in the Housing Quality Standards and Inspection Policy to
include tenant responsibility(Chapter 10).
• Includes an insertion to the Housing Quality Standards and Inspection Policy to
include an inspection fee for multiple unit inspection visits(Chapter 10).
• Includes a revision to the Complaints and Appeals policy to ensure that
participants have access to "all"evidence intended for use during a termination
hearing(Chapter 18).
These proposed revisions were advertised and made available along with the Annual Plan
as noted above.
5
PHA Certifications of Compliance U.S.Department of Housing and Urban Development
with PHA Plans and Related Office of Public and Indian Housing
Expires 4/30/2011
Regulations
PHA Certifications of Compliance with the PHA Plans and Related Regulations:
Board Resolution to Accompany the PHA 5-Year and Annual PHA Plan
Acting on behalf of the Board of Commissioners of the Public Housing Agency(PHA)listed below,as its Chairman or other
authorized PHA official Orthere is no Board of Commissioners,I approve the submission of the_X_5-Year and/or_X Annual PHA
Plan for the PHA fiscal year beginning 7/1/2015, hereinafter referred to as"the Plan", of which this document is a part and make the
following certifications and agreements with the Department of Housing and Urban Development(HUD)in connection with the
submission of the Plan and implementation thereof
1. The Plan is consistent with the applicable comprehensive housing affordability strategy(or any plan incorporating such
strategy)for the jurisdiction in which the PHA is located.
2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable
Consolidated Plan,which includes a certification that requires the preparation of an Analysis of Impediments to Fair Housing
Choice,for the PHA's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable
Consolidated Plan.
3. The PHA certifies that there has been no change,significant or otherwise,to the Capital Fund Program(and Capital Fund
Program/Replacement Housing Factor)Annual Statement(s),since submission of its last approved Annual Plan. The Capital
Fund Program Annual Statement/Annual Statement/Performance and Evaluation Report must be submitted annually even if
there is no change.
4. The PHA has established a Resident Advisory Board or Boards,the membership of which represents the residents assisted by
the PHA,consulted with this Board or Boards in developing the Plan,and considered the recommendations of the Board or
Boards(24 CFR 903.13).The PHA has included in the Plan submission a copy of the recommendations made by the
Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations.
5. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45
days before the hearing,published a notice that a hearing would be held and conducted a hearing to discuss the Plan and
invited public comment.
6. The PHA certifies that it will carry out the Plan in conformity with Title VI of the Civil Rights Act of 1964,the Fair Housing
Act,section 504 of the Rehabilitation Act of 1973,and title II of the Americans with Disabilities Act of 1990.
7. The PHA will affirmatively further fair housing by examining their programs or proposed programs,identify any
impediments to fair housing choice within those programs,address those impediments in a reasonable fashion in view of the
resources available and work with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further
fair housing that require the PHA's involvement and maintain records reflecting these analyses and actions,
8. For PHA Plan that includes a policy for site based waiting lists:
• The PHA regularly submits required data to HUD's 50058 PIC/IMS Module in an accurate,complete and timely manner
(as specified in PIH Notice 2006-24);
• The system of site-based waiting lists provides for Poll disclosure to each applicant in the selection of the development in
which to reside,including basic information about available sites;and an estimate of the period of time the applicant
would likely have to wait to be admitted to units of different sizes and types at each site;
• Adoption of site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a
pending complaint brought by HUD;
• The PHA shall take reasonable measures to assure that such waiting list is consistent with affirmatively furthering fair
housing;
• The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil rights laws and
certifications,as specified in 24 CFR part 903.7(0)(1).
9. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act
of 1975.
10. The PHA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41,Policies and Procedures for the
Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped.
I1. The PHA will comply with the requirements of section 3 of the Housing and Urban Development Act of 1968,Employment
Opportunities for Low-or Very-Low Income Persons,and with its implementing regulation at 24 CFR Part 135.
Previous version is obsolete Page 1 of 2 form HUD-50077(42008)
12. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable.
13. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24
CFR 5.105(a).
14. The PHA will provide the responsible entity or HUD any documentation that the responsible entity or HUD needs to carry
out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58
or Part 50,respectively.
15. With respect to public housing the PHA will comply with Davis-Bacon or HUD determined wage rate requirements under
Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act.
16. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with
program requirements.
17. The PHA will comply with the Lead-Based Paint Poisoning Prevention Act,the Residential Lead-Based Paint Hazard
Reduction Act of 1992,and 24 CFR Part 35.
18. The PHA will comply with the policies,guidelines,and requirements of OMB Circular No.A-87(Cost Principles for State.
Local and Indian Tribal Governments),2 CFR Part 225,and 24 CFR Part 85(Administrative Requirements for Grants and
Cooperative Agreements to State,Local and Federally Recognized Indian Tribal Governments).
19. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize
covered grant funds only for activities that are approvable under the regulations and included in its Plan.
20. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is
available for public inspection. MI required supporting documents have been made available for public inspection along with
the Plan and additional requirements at the primary business office of the PHA and at all other times and locations identified
by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA.
21. The PHA provides assurance as part of this certification that:
(i) The Resident Advisory Board had an opportunity to review and comment on the changes to the policies and programs
before implementation by the PHA;
(ii) The changes were duly approved by the PHA Board of Directors(or similar governing body);and
(iii) The revised policies and programs are available for review and inspection,at the principal office of the PHA during
normal business hours.
22. The PHA certifies that it is in compliance with all applicable Federal statutory and regulatory requirements.
City of Virginia Beach VA 039
PHA Name PHA Number/HA Code
5-Year PHA Plan for Fiscal Years 2015 - 2019
X Annual PHA Plan for Fiscal Years 2017 - 2018
I hereby certify that all the information stated herein,as well as any information provided in the accompaniment herewith,is true and accurate.Warning: HUD will
prosecute false claims and statements.Conviction may result in criminal and/or civil penalties. (I8 U.S.C. 1001,1010,1012;31 U.S.C.3729,3802)
Name of Authorized Official Title
Andrew M. Friedman Department Director
Signature Date
Previous version is obsolete Page 2 oft form HUD-50077(4/2008)
Certification by State or Local U.S Department of Housing and Urban Development
Official of PHA Plans Consistency Office of Public and Indian Housing
with the Consolidated Plan or OMB No.2577-0226
State Consolidated Plan Expires 2/29/2016
(All PHAs)
Certification by State or Local Official of PHA Plans
Consistency with the Consolidated Plan or State Consolidated Plan
I, _Andrew Friedman , the Director of Housing and Neighborhood Preservation
Official's Name Official's Title
certify that the 5-Year PHA Plan and/or Annual PHA Plan of the
City of Virginia Beach, Department of Housing Neighborhood Preservation(DHNP)
PHA Name
is consistent with the Consolidated Plan or State Consolidated Plan and the Analysis of
Impediments (Al)to Fair Housing Choice of the
City of Virginia Beach
Local Jurisdiction Name
pursuant to 24 CFR Part 91.
Provide a description of how the PHA Plan is consistent with the Consolidated Plan or State
Consolidated Plan and the Al.
The City of Virginia Beach,DHNP continues efforts to promote affordable housing. Our efforts
include partnering in the new construction development of 179 affordable housing units this
calendar year,promoting the development of housing for the elderly community,and individuals
with disabilities,as well as partnering with city and state agencies to administer housing assistance
for approximately 120 individuals with developmental disabilities.
I hereby certify that all the information stated herein,as well as any information provided in the accompaniment herewith is true and accurate.Warning: HUD will
prosecute false claims and statements.Conviction may result in criminal and/or civil penalties (IN Us e 1001.1010,1012:31 U.S.C.3729,3802)
Name of Authorized Official Title
Andrew M. Friedman Department Director
Signature Date
Page 1 of 1 form HUD-50077-SL(12/2014)
FY2017/18 Summary of administrative plan changes
Location Topic Change/Issue Reason
Page 2-5 Verification of (D) Amend the language to allow Mandatory provision modification
Social Security the acceptance of families into the allowing the participant more
Numbers program on a temporarily basis flexibility in eligibility determination
(90 day period) if the family only especially in situations where a
lacks the documentation family has adopted a child, or added
necessary to verify a SSN. a foster child.
Page 5-3 Occupancy (C)Amend language to read "the Mandatory provision modification
Standards utility allowance is based upon the enacted as a cost saving measure.
lesser of the size of the unit
actually leased or the voucher size
issued".
Page 6- Annual Income (5) Insert language identifying Inclusion of mandatory provision
16 Exclusions income which is excluded from amending the definition of excluded
determination of household income to include any financial
annual income and rent. assistance received for tuition and
fees.
Page 10- Biennial (A) Amend language to include DHNP has adopted this policy
2 Inspections the biennial inspections as part of revision in an effort to reduce
the inspection policy for housing administrative and financial
quality standards determination. burdens,to incentivize high
performing property owners, and
allow PHA's to concentrate
resources on high risk units.
Page 10- Tenant (K) Insert language to include a Clearly define participant
12 responsibility- policy outlining tenant accountability.
unit damage responsibility for unit deficiencies
associated with tenant damage or
neglect.
Page 10- Housing Quality (1) Insert language to include a This provision helps to ease the
12 Standards Re- policy to assess an inspection fee administrative burden of inspecting
Inspection Fee to owners who unit fail multiple a unit multiple times and helps to
unit inspections within a single hold the owner accountable for
inspection period. timely repairs.
MDW 03/01/2017
79
Item-VH-1.5a
ORDINANCES
ITEM#66950
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE acquisition of
a. Three(3) easements from the United States of America, Department
of the Navy, across property near Potters Pit
Voting: 11-0
Council Members Voting Aye.
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
April 9, 2017
1 AN ORDINANCE APPROVING THE
2 ACQUISITION OF THREE 50-YEAR
3 EASEMENTS, ONE FOR INGRESS/EGRESS
4 AND TWO FOR EQUIPMENT AND
MATERIAL STORAGE, FROM THE UNITED
6 STATES OF AMERICA ACROSS PROPERTY
7 NEAR POTTERS PIT
s
9 WHEREAS, the City of Virginia Beach owns property along Potters Road, known
10 as Potters Pit (GPIN: 2407-34-6916) ("Potters Pit");
11
12 WHEREAS, the United States of America, Department of the Navy (the "Navy")
13 owns the adjacent property along Potters Road, which is a part of the property known
14 as Naval Air Station Oceana (GPIN: 2406-55-7429) (the "Property");
15
16 WHEREAS, the City has used for many years, via short-term licenses, an area
17 across the Property for access to Potters Pit;
18
19 WHEREAS, in order to have a long-term arrangement for the City's use, the
20 Navy desires to convey to the City two (2) easements for equipment and material
21 storage and one (1) easement for ingress and egress to Potters Pit (collectively, the
22 "Easements");
23
24 WHEREAS, the Easements will each have a duration of fifty (50) years and will
25 be conveyed upon the terms set forth in the Grant of Easement, attached hereto as
26 Exhibit A and made a part hereof;
27
28 WHEREAS, City staff and the Navy have reached an agreement on the purchase
29 price of the acquisition of the three (3) easements, subject to the approval of City
30 Council, as follows: a one-time purchase price of $12,000 in cash or in the form of in-
31 kind consideration (paving of Navy property), or some combination of both cash and in-
32 kind consideration; and
33
34 WHEREAS, City funding for purchasing the easements is available in CIP 7-023
35 (Primary System Improvements II).
36
37
38 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
39 VIRGINIA:
40
41 1. That the City Council authorizes the acquisition of the Easements from the
42 Navy for $12,000, in cash or in the form of in-kind consideration, pursuant to the terms
43 substantially in accordance with the Grant of Easement attached hereto as Exhibit A.
44
45 2. That the City Manager or his designee is further authorized to execute all
46 documents that may be necessary or appropriate in connection with acquiring the
47 Easements, including without limitation the Grant of Easement attached hereto as
48 Exhibit A. subject to such other terms, conditions and modifications as may be
49 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney.
50
51 This ordinance shall be effective from the date of its adoption.
52
53 Adopted by the Council of the City of Virginia Beach, Virginia, on the
54 4th dayof April , 2017.
55
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EXHIBIT
Exempt from recordation All correspondence pertaining to this
taxes under Sections 58.1-81 l(A)(3) Easement must include reference to:
and 58.t-811(C)(4);Reimbursement FILE NO: E0-10238
authorized under Section 25.1-418 CONTRACT NO: N40085-17-RP-00046
Prepared by Department of the Navy
Naval Facilities Engineering Command,
Mid-Atlantic
9324 Virginia Avenue
Norfolk,VA 23511
GRANT OF EASEMENT
THIS INDENTURE, made this day of ,20 ,between the UNITED
STATES OF AMERICA,the grantor, hereinafter called the GOVERNMENT, represented by the
Commanding Officer,Naval Facilities Engineering Command, Mid-Atlantic acting by and
through the Secretary of the Navy, and the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia,hereinafter called the GRANTEE.
WHEREAS,the GOVERNMENT owns that certain real property identified as Naval Air
Station Oceana, located in Virginia Beach,Virginia,hereinafter called the INSTALLATION;
and
WHEREAS, the GRANTEE has requested an easement for the construction, installation,
operation, maintenance, repair and replacement of an access road and two fenced in storage areas
on, in, over, under, and across GOVERNMENT property, hereinafter called the EASEMENT
AREA, located at the INSTALLATION; and
WHEREAS, in consideration for the easement, the GRANTEE has agreed to re-pave
8,300 square feet of Sludge Road, also known as Railroad Drive, south toward the security gate
at the INSTALLATION, by milling the entrance area of Sludge Road 40 linear feet from the tie-
in to Potters Road, and re-paving with a design of 3 inches of BM-25.0A base asphalt and 2
inches of SM-25.0D surface asphalt,and to re-pave the remaining 360 linear feet of Sludge
Road, by milling and re-paving with a design of 2 inches of SM-25.0D surface asphalt,
hereinafter PAVING; and
WHEREAS, the Secretary of the Navy has found that the granting of such an easement
on the terms and conditions hereinafter stated is not incompatible with the public interest.
NOW THEREFORE,this INDENTURE witnesseth that, in consideration of the easement
and the PAVING to be performed at the INSTALLATION, pursuant to the authority of 10
U.S.C. § 2667 and 2668, the GOVERNMENT hereby grants to the GRANTEE and its
successors and assigns, for a period 50 years from the date hereof, an easement for the
construction, installation,operation,maintenance, repair, and replacement of an access road and
two fenced in storage areas, on, in, over,under and across INSTALLATION property in the
EASEMENT AREA, containing 38,881 square feet, or 0.8925 acres, more or less,and more
Version:26 Nov 2013
FILE NO: EO-10238
CONTRACT NO:N40085-17-RP-00046
specifically described in Exhibit "A" and shown in Exhibit"B", attached hereto and made a
part hereof
GPIN: 2406-55-7429
THIS EASEMENT is granted subject to the following terms and conditions, which
GRANTEE, by its acceptance hereof, specifically agrees to and consents to be bound by:
1. CONSIDERATION. In consideration of twelve thousand dollars ($12,000.00)in cash or
in the form of in-kind consideration, or some combination of both cash and in-kind
consideration, to be received within 365 days of execution of this easement, and of other
good and valuable consideration(the receipt and adequacy of which, as consideration, the
parties hereto both acknowledge),the parties hereto, intending to be legally bound hereby,
have agreed to, and do hereby, effectuate the conveyance set forth below.
2. ACCESS BY GRANTEE. The GOVERNMENT grams to the GRANTEE the right to use
the EASEMENT AREA, together with the necessary rights of ingress and egress authorized
by the Installation Commanding Officer. The GRANTEE and its invitees and contractors
agree to absorb all costs, including time and expenses, associated with gaining access to the
Installation under the RAPIDGATE or similar program. Any parking that accompanies the
use of, and any routes of access to and from, the EASEMENT AREA are subject to change at
the sole discretion of the Installation Commanding Officer.
3. USE BY GOVERNMENT. The GOVERNMENT may use the EASEMENT AREA for
any purpose that does not unreasonably interfere with the use and enjoyment by the
GRANTEE of the rights granted by this Easement.
4. SUBJECT TO EXISTING AND FUTURE EASEMENTS. This Easement is granted
subject to all other existing easements, if any, of public record, and to such utility lines,
roadways, or other improvements as may now be located on, over, or under the EASEMENT
AREA. This EASEMENT is subject to all existing easements, all other outstanding rights,
recorded and unrecorded, and to all such utility lines, roadways, or other improvements as
may be located on, in, under,across, through and over the EASEMENT AREA, and to the
right of the GOVERNMENT to grant such additional easements and rights of way on, in,
under, across,through and over the EASEMENT AREA as it shall determine to be in the
public interest,provided that such additional easements and rights of way will not
unreasonably interfere with the GRANTEE's use of the EASEMENT AREA in accordance
with this Easement.
5. APPROVAL OF PLANS. All work performed by the GRANTEE, its agents or
contractors, in connection with the operation and maintenance of the AREA, shall be
performed at no cost to the GOVERNMENT. GRANTEE shall not construct any
improvements on the EASEMENT AREA without written approval from the
GOVERNMENT.
Version: 26 Nov 2013
Page 2 of 22
FILE NO: EO-10238
CONTRACT NO: N40085-17-RP-00046
6. RESTORATION. Upon completion of any work performed in or upon the EASEMENT
AREA, GRANTEE,at its own expense, shall remove all equipment and unused or surplus
materials, if any,and shall restore the EASEMENT AREA to the same,or as good a
condition as existed prior to the initiation of such work, and in a manner satisfactory to the
GOVERNMENT as determined by the Real Estate Contracting Officer,Naval Facilities
Engineering Command, Mid-Atlantic, or his/her designated local representative.
7. PROTECTION AND MAINTENANCE OF EASEMENT AREA. The GRANTEE, at its
own cost and expense, shall maintain the EASEMENT AREA and the AREA in good
condition at all times and shall promptly make all repairs that may be necessary for the
preservation of the condition of the EASEMENT AREA and the continued operation and
maintenance of the EASEMENT AREA.
8. DAMAGE TO THE EASEMENT AREA. GRANTEE, at its expense, shall repair or
restore any damage to GOVERNMENT property that may occur during the construction,
operation, maintenance,repair and replacement of the AREA in a manner satisfactory to the
GOVERNMENT as determined by the Real Estate Contracting Officer,Naval Facilities
Engineering Command, Mid-Atlantic or his/her designated local representative. To the
extent permitted by law and subject to appropriation, GRANTEE, for itself and on behalf of
its employees, authorized agents and contractors shall reimburse the GOVERNMENT for
any and all actual costs, direct and indirect, incurred by the GOVERNMENT as a result of
any damage to the EASEMENT AREA caused by their individual or collective actions.
9. APPLICABLE RULES AND D REGULATIONS. The GRANTEE'S rights hereunder shall
be subject to such reasonable rules and regulations as may be prescribed by the
GOVERNMENT to assure that the exercise of those rights will not unreasonably interfere
with the GOVERNMENT's activities at the Installation. The GRANTEE shall adhere to all
GOVERNMENT imposed security rules and regulations in the exercise of such rights.
10. INDEMNIFICATION. To the extent permitted by law and subject to appropriation,
GRANTEE shall indemnify and defend the GOVERNMENT against, and hold the
GOVERNMENT harmless from, any costs, expenses, liabilities, fines, suits,actions,
damages, liability and cause of action arising or growing out of, or in any way connected
with,the occupation or use of the EASEMENT AREA by the GRANTEE and its employees,
agents, servants, guests, and invitees. However, this liability shall not extend to matters
caused by the GOVERNMENT's negligent or willful acts. This provision shall survive the
expiration or termination of this Easement and GRANTEE's obligations hereunder shall
apply whenever the GOVERNMENT incurs costs or liabilities for the GRANTEE's actions.
11. GRANTEE'S RESPONSIBILITY. The GOVERNMENT shall not be responsible for
damages to property or injuries to persons that may arise from, or be incident to, the use and
occupation of the EASEMENT AREA by the GRANTEE, or for damages to the property or
injuries to the persons of the GOVERNMENT's officers, agents, servants, or employees,or
others who may be on the EASEMENT AREA at their invitation or the invitation of any one
of them arising from or incident to governmental activities except as permitted under the
Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680.
Version:26 Nov 2013
Page 3 of 22
FILE NO: EO-10238
CONTRACT NO: N40085-17-RP-00046
12. ROAD CONNECTIONS /GOVERNMENT RESERVATION. The GOVERNMENT
reserves the right to make whatever connections between the Road herein authorized and
other roads on the Installation that the GOVERNMENT may consider necessary. It also
reserves to itself easements for all purposes on, in,through, under, upon,across and over the
EASEMENT AREA; provided, however, that such reserved easements shall be used in a
manner that will not unreasonably interfere with the use and enjoyment by the GRANTEE of
the easement rights granted herein.
13. ROAD SURFACE AND DESIGN. The road crossing surface and design shall be done
in accordance with American Railway and Engineering and Maintenance-of-Way
Association (AREMA).
14.ENVIRONMENTAL PROVISIONS.
a. GRANTEE shall comply with all applicable environmental laws,ordinances, rules, and
regulations and all other Federal, state, and local laws, ordinances,regulations, and standards that
are or may become applicable to GRANTEE's activities on the EASEMENT AREA.
b. GRANTEE shall be, at its sole cost and expense, solely responsible for obtaining any
environmental permits required for its activities on the EASEMENT AREA.
c. GOVERNMENT's rights under this Easement specifically include the right for its
representatives to inspect the EASEMENT AREA upon reasonable notice for compliance with
environmental,safety, and occupational health laws and regulations, whether or not the
GOVERNMENT is responsible for enforcing them. The inspections shall be made without
prejudice to the right of duly constituted enforcement officials to make them. The GRANTEE
shall have no claim on account of any entries against the United States or any of its officers,
agents, employees, contractors, or subcontractors.
d. Storage, treatment, or disposal of toxic hazardous materials on the EASEMENT AREA is
prohibited except as authorized by the GOVERNMENT in accordance with 10 U.S.C. § 2692.
e. The GRANTEE will not use Installation accumulation points for hazardous and other
wastes or permit its hazardous wastes to be commingled with hazardous waste of the
GOVERNMENT.
f The GRANTEE shall be solely responsible for the release,or substantial threat of a release,
into the environment of any hazardous substance, pollutant or contaminant as the result of any
activity under this Easement, and any preceding easements, licenses, or rights-of-way. Any
reporting,containment, removal, or other remedial action relating to a release or threat of release
required by law or regulation shall also be the responsibility of the GRANTEE.
g. The GRANTEE agrees to comply with the provisions of any health or safety plan in effect
under the Installation Restoration Plan(IRP)or the Resource Conservation Recovery Act
(RCRA) Corrective Action Program during the course of any of the above described response or
Version:26 Nov 2013
Page 4 of 22
FILE NO: EO-10238
CONTRACT NO: N40085-17-RP-00046
remedial actions. Any inspection, survey, investigation,or other response or remedial action will
be, to the extent practicable, coordinated with representatives designated by the
GOVERNMENT. The GRANTEE shall have no claim on account of any entries against the
United States or its officers,agents, employees, contractors, or subcontractors. In addition,
GRANTEE shall comply with all applicable Federal, state and local occupational safety and
health regulations.
h. GRANTEE shall, to the extent permitted under applicable law and subject to
appropriation, indemnify and hold harmless GOVERNMENT from,and defend
GOVERNMENT against,any damages, costs, expenses, liabilities, fines, suits, actions, or
penalties resulting from releases, discharges, emissions, spills, storage,treatment, disposal, or
other acts or omissions by GRANTEE, its officers,employees,agents, contractors, licensees,or
the invitees of any of them,giving rise to GOVERNMENT liability, civil or criminal, or
responsibility under federal,state or local environmental laws. This Paragraph shall survive the
expiration or termination of this Easement, and the GRANTEE's obligations under this
Paragraph shall apply whenever the GOVERNMENT incurs costs or liabilities for GRANTEE's
actions. However, this liability shall not extend to matters caused by the GOVERNMENT's
negligent or willful acts.
i. The GRANTEE shall strictly comply with the hazardous waste permit, storage, handling,
and disposal requirements under the Solid Waste Disposal Act or its state equivalent. The
GRANTEE must provide at its own expense any hazardous waste storage facilities,complying
with all laws and regulations that it may need for storage. Installation hazardous waste storage
facilities will not be available to the GRANTEE.
j. GRANTEE shall manage the natural and cultural resources on the EASEMENT AREA in a
manner that is consistent with the philosophies and supportive of the objectives of the
Installation's Integrated Natural Resource Management Plan and Integrated Cultural Resource
Management Plait GRANTEE shall identify any activity that may affect Federally regulated
resources (listed species, wetlands,waters of the United States,etc.) and provide information and
mitigation that may be required to support consultation with the applicable regulatory agency.
k. GRANTEE shall, during the construction, installation, operation, maintenance, and repair
of the AREA, upon inadvertently discovering Native American human remains, funerary objects,
sacred objects, objects of cultural patrimony, as those terms are defined in 43.C.F.R. § 10.2(d),
immediately notify by telephone the Installation Public Works Officer at(757)433-3321,
followed by written confirmation. The GRANTEE shall cease all activity in the area of the
inadvertent discovery until directed otherwise by the Installation. Additionally, the GRANTEE
shall take all reasonable efforts to protect any Native American human remains, funerary objects,
sacred objects, objects of cultural patrimony, so discovered consistent with 43 C.F.R. § 10.2(d).
15. ENVIRONMENTAL CONDITION OF PROPERTY.
a. An Environmental Condition of Property (ECP) has been prepared as of the start date of
this Easement to document the known environmental condition of the property. It is attached
hereto as Exhibit "C"and made a part hereof. At the termination or expiration of this
Version:26 Nov 2013
Page 5 of 22
FILE NO: EO-10238
CONTRACT NO: N40085-17-RP-00046
Easement, another ECP shall be prepared to note the environmental condition of the property at
that time. A comparison of the two ECP documents shall be made to determine the extent, if
any,of liability on the part of the GRANTEE.
b. For purposes of this Easement the following terms shall have the following meanings:
(1) "Toxic or Hazardous Materials" means all manner of substances,pollutants,
contaminants, and waste to which Applicable Environmental Laws pertain, expressly including
petroleum, petroleum products, and materials defined in 48 C.F.R. § 252.223-7006(a)(ii)and
(iii).
(2) "Contamination" means a level of Toxic or Hazardous Materials in the air, soil,or
water(surface water or ground water),that exceeds levels allowed by Applicable Environmental
Laws.
(3) "Applicable Environmental Laws" means:
(a)Federal, state, and local statutes, laws, ordinances, rules, and regulations, to which
the GOVERNMENT is made subject by Federal law or to which the GRANTEE is made subject
by Federal and state law;
(b) Executive Orders of the President of the United States;
(c) decisions of courts and administrative tribunals of competent jurisdiction;
(d)administrative orders of regulatory agencies of competent jurisdiction(involuntary
or on consent); and
(e)regulations and directives of the Department of Defense, the Department of the
Navy, and the Marine Corps (for Marine Corps installations only),
which pertain to the human environment(as defined in the National Environmental Policy Act of
1969); transportation of hazardous material; and human health and safety (including
occupational safety).
(4) Applicable Environmental Laws include,without limitation, the Comprehensive
Environmental Response, Compensation,and Liability Act(42 U.S.C. § 9601 et seq.), the
Hazardous Material Transportation Act(49 U.S.C. § 1801, et seq.),the Resource Conservation
and Recovery Act (42 U.S.C. § 6901, et seq.), the Federal Water Pollution Control Act (33
U.S.C. § 1251,et seq.), the Clean Air Act(42 U.S.C. § 7401,et seq.), the Toxic Substances
Control Act (15 U.S.C. § 2601, et seq.), the Occupational Safety and Health Act(29 U.S.C. §
651, et seq.),and 10 U.S.C. § 2692,as amended.
(5) "Release" means any discharge, spill, emission, leaking,pumping,injection,
excavation,deposit, disposal, leaching,or migration into the environment,accidental or
otherwise,or introduction into the environment by any other means or method.
Version:26 Nov 2013
Page 6 of 22
FILE NO: EO-10238
CONTRACT NO: N40085-17-RP-00046
(6) "Remedial Action' means: investigating or monitoring the environmental condition of
the EASEMENT AREA and clean-up,removal, response(including emergency response), and
restoration of the EASEMENT AREA, as per Applicable Environmental Laws, due to the
presence or suspected presence of Contamination or a Release or suspected Release of Toxic or
Hazardous Materials.
c. If during the term of this Easement the GRANTEE becomes aware that a Release of Toxic
or Hazardous Materials has occurred due to acts or omissions of the GRANTEE, its agents, or
contractors, whether or not such Release results in Contamination of the EASEMENT AREA,
the GRANTEE will give verbal notice to the GOVERNMENT within 24 hours of becoming
aware of the Release,providing all relevant facts and circumstances. The GOVERNMENT may
direct the GRANTEE to make a detailed written report of these facts and circumstances within a
time certain.
d. The GRANTEE, at its sole expense,will promptly take all action necessary to comply with
Applicable Environmental Laws pertaining to a Release described in subparagraph 15(b),
including but not limited to: report the occurrence to appropriate Federal,state, or local
regulatory authorities, if so directed by the GOVERNMENT; take timely and effective steps to
minimize the Release and its impact on human health and the environment;and take Remedial
Action. The GOVERNMENT may direct the GRANTEE to provide all information requested
by the GOVERNMENT regarding such actions within a time certain.
e. The GRANTEE will ensure that all activities conducted on the EASEMENT AREA by the
GRANTEE,its agents, or contractors are carried out in compliance with Applicable
Environmental Laws. The GRANTEE will provide verbal notice to the GOVERNMENT within
24 hours of receiving any complaint, order, directive,claim,citation, or notice from any
governmental authority or any other person or entity alleging noncompliance with or a violation
of Applicable Environmental Laws on the EASEMENT AREA. The GRANTEE, at its sole
expense, will promptly take all necessary action directed by Federal, state, or local regulatory
authorities of competent jurisdiction to achieve or regain compliance with Applicable
Environmental Laws. The GOVERNMENT may direct the GRANTEE to make a detailed
written report, within a time certain, of the facts and circumstances underlying the alleged
noncompliance or violation. Without limitation of the foregoing, the GOVERNMENT, in
response to acts or omissions of the GRANTEE, its agents,or contractors may, in its discretion,
take Remedial Action to remedy Contamination on the EASEMENT AREA or to achieve or
regain compliance with Applicable Environmental Laws.
f. The GOVERNMENT may at any time inspect the EASEMENT AREA or cause the
EASEMENT AREA to be inspected, to assess whether the operations of the GRANTEE, its
agents, or contractors are in compliance with Applicable Environmental Laws. To assist in this
evaluation,the GRANTEE, its agents, and contractors will provide to the GOVERNMENT, or
another entity, as the GOVERNMENT may direct, for examination and copying, all relevant
hooks, records, documents, and other material in their possession.
Version: 26 Nov 2013
Page 7 of 22
FILE NO; EO-10238
CONTRACT NO:N40085-17-RP-00046
g. The GOVERNMENT, with good cause, may from time-to-time require the GRANTEE to
conduct tests and analyses to assess whether the EASEMENT AREA are in compliance with
Applicable Environmental Laws, and based on the results thereof, to so certify to the
GOVERNMENT, Such tests and analyses shall be conducted in a manner satisfactory to the
GOVERNMENT by recognized professionals approved by the GOVERNMENT. If the
GOVERNMENT and the GRANTEE cannot reach agreement as to what tests and analyses shall
be conducted, by whom,and when, the GOVERNMENT may perform such tests and analyses or
cause such tests and analyses to be performed.
16. FAILURE TO INSIST ON COMPLIANCE. The failure of the GOVERNMENT to
insist, in any one or more instances,upon performance of any of the terms, covenants or
conditions of this Easement shall not be construed as a waiver or relinquishment of
GOVERNMENT'S right to the future performance of any such terms, covenants or
conditions and GRANTEE's obligations for their future performance shall continue in full
force and effect.
17. FEDERAL FUNDS. This Easement does not obligate the GOVERNMENT to expend
any appropriated funds.
18. ASSIGNMENT/TRANSFER OF RIGHTS. The GRANTEE shall not transfer or assign
this Easement or any interest in it, or otherwise make any portion of, or rights in,the
EASEMENT AREA available to any party without the prior consent of the
GOVERNMENT. If any assignment is made, with or without consent,the assignee shall be
deemed to have assumed all of the obligations of the GRANTEE. However, in no event shall
the GRANTEE be relieved of any of its obligations under this Easement, except for an
extension of its term that begins after an assignment, and then only if the GOVERNMENT
shall have consented to it.
19. TERMINATION.
a. If, at any time, the GOVERNMENT determines that the AREA, or any portion thereof,
unduly interferes with any of its activities, the GOVERNMENT shall have the right to terminate
this Easement, in whole or in part, to the extent necessary to eliminate the interference; However,
unless the GOVERNMENT shall have determined that relocation is not feasible, it shall offer to
convey to the GRANTEE,without charge, a substitute easement permitting the GRANTEE to
relocate the AREA, or any portion thereof, on adjacent GOVERNMENT property, which
relocation shall be accomplished at the GRANTEE's cost and expense. The substitute easement
shall contain the same terms and conditions as those in this Easement, and shall bear the same
expiration date, if any.
b. All or any part of this Easement may be terminated upon failure by the GRANTEE to
comply with any of its terms and conditions; upon abandonment of the rights granted herein; or
upon non-use of those rights for a period of two consecutive years. Additionally, the
GOVERNMENT may terminate all or any part of this Easement in the interest of anti-terrorism
force protection or national security.
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Page 8 of 22
FILE NO: EO-10238
CONTRACT NO: N40085-17-RP-00046
20. ADMINISTRATIVE COSTS AT EXPIRATION/TERMINATION OF EASEMENT. At
the termination or expiration of this Easement,at the GOVERNMENT'S discretion,
GRANTEE shall be responsible for administrative costs associated with completing a final
inspection of the premises and updating the Environmental Condition of Property Report.
21. SURRENDER. Upon any termination or expiration of this Easement,the GRANTEE,at
its own expense and risk, shall promptly remove,to the extent required by the
GOVERNMENT, improvements, fixtures, and equipment installed or constructed hereunder,
and shall restore the EASEMENT AREA to the same or as good a condition as that which
existed prior to the exercise by the GRANTEE of its rights hereunder. The restoration shall
he done in a manner satisfactory to the Real Estate Contracting Officer,Naval Facilities
Engineering Command, Mid-Atlantic, or his/her designated representative and in accordance
with applicable laws and regulations. If the GRANTEE fails to remove the property as
required by the GOVERNMENT, all improvements, chattels,and other items abandoned by
the GRANTEE become GOVERNMENT property ninety(90)days following the date of
termination or expiration. If the GOVERNMENT incurs any cost to remove the items
abandoned by the GRANTEE, the GRANTEE shall reimburse the GOVERNMENT for any
and all actual costs,direct and indirect, incurred by the GOVERNMENT.
22. ST'A'TEMENT OF COMPLIANCE. Pursuant to 10 U.S.C. §2662(d):
a.This Easement is not subject to the requirements of this section;or,
b. This Easement is subject to the requirements of this section and said requirements have been
met.
23. ADDITIONS,MODIFICATIONS AND DELETIONS. Prior to the execution of this
EASEMENT,the following additions, modifications and deletions were made:
The last sentence of Paragraph l.a has been deleted as no administrative expenses will be borne by
the GRANTEE.
Version:26 Nov 2013
Page 9 of 22
FILE NO: EO-10238
CONTRACT NO: N40085-17-RP-00046
IN WITNESS WHEREOF,the parties hereto have caused this GRANT OF EASEMENT to be
executed by their duly authorized representatives as of the day and year first written above.
UNITED STATES OF AMERICA
By:
AMANDA R. M. PACK
Real Estate Contracting Officer
Naval Facilities Engineering Command,
Mid-Atlantic
COMMONWEALTH OF
CITY/COUNTY OF
The foregoing document was acknowledged before me,this_day of ,
20_ by
NOTARY PUBLIC
My Commission Expires
Registration No.
Version:26 Nov 2013
Page 10 of22
FILE NO: EO-10238
CONTRACT NO: N40085-1 7-RP-00046
GRANTEE
ACCEPTED ON BEHALF OF
THE CITY OF VIRGINIA BEACH:
City Manager or his Designee or City Real Estate Agent
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH,to wit:
, a Notary Public in and for the City and State aforesaid,
do hereby certify that , CITY MANAGER/ AUTHORIZED
DESIGNEE OF THE CITY MANAGER PURSUANT TO §2-154 OF THE CITY CODE,
whose name is signed to the foregoing agreement, bearing date the day of
20 , has acknowledged the same before me in my City and State aforesaid. He/She is
personally known to me.
GIVEN under my hand the day of ,20
NOTARY PUBLIC
My Commission Expires:
Notary Registration Number:
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Public Works/Operations City Attorney
Version:26 Nov 2013
Page 11 of 22
FILE NO: EO-10238
CONTRACT NO: N40085-17-RP-00046
EXHIBIT "A"
DESCRIPTIONS of
Proposed 70' and 60'Equipment and Material Storage Site Easements
and
Proposed 50'Ingress-Egress Easement
lying in
Naval Air Station Oceana
City of Virginia Beach,Commonwealth of Virginia
PARCEL A
A strip of land 70 feet wide for an Equipment and Material Storage Site Easement lying over and across that part of
Tract No.69,Naval Air Station Oceana,according to the lands described in Deed Book 296 at Page 170 of the
Public Records of the City of Virginia Beach,Virginia. Said strip of land extending southerly from the southerly
right of way of the former Norfolk Southern Railway Company right of way(66'wide)(hereinafter"66'Right of
Way")to the northerly right of way of Potters Road(formerly State Route No.635),being more particularly
described as follows:
From the southwesterly corner of Oceana Village according to Map Book 26 at Page 5 of said Public Records run
S.89°30'28"W.along the northerly right of way line of said 66' Right of Way a distance of 1,660 feet,more or less,
to the corner common to Tract A and Tract B on the northerly right of way of said 66'Right of Way according to
Map Book 127,at page 52,of said Public Records;
thence run S.0°29'32"E.for a distance of 66.00 feet to southerly right of way of said 66' Right of Way and to the
POINT OF BEGINNING A.
From said Point of Beginning A,continue S.0°29'32"E. for a distance of 219.33 feet,more or less,to the
northerly right of way of said Potters Road;
thence run S. 80°02'44"W.along said northerly right of way for a distance of 70.97 feet;
thence run N.0°29'32"W.parallel with and 70 feet westerly(as measured at right angles)of the first
mentioned course,for a distance of 231.00 feet,more or less,to the southerly right of way of said 66' Right
of Way;
thence run N. 89°30'28"E.along said southerly right of way for a distance of 70.00 feet to the Point of
Beginning A.
Containing 15,762 Square Feet.
SUBJECT TO any easements,restrictions,reservations or rights of way of record.
Bearings and dimensions mentioned hereinabove are based on the State Plane Coordinate System,Virginia South
Zone,North American Datum of 1983(1993 HARN Adjustment).
Refer to"EASEMENT FOR EQUIPMENT AND MATERIAL STORAGE TO BE ACQUIRED AREA A"on
EXHIBIT"B",a survey plat prepared by the City of Virginia Beach,Engineering Group,Survey Bureau entitled,
"PLAT SHOWING EASEMENTS TO BE ACQUIRED FROM UNITED STATES GOVERNMENT BY TUE
CITY OF VIRGINIA BEACH,VIRGINIA,"dated August 15,2013 and revised through lune 18,2014,of the
proposed easement,attached hereto and made a part hereof(hereinafter the"Easement Plat").
PARCEL B
A strip of land 60 feet wide for an Equipment and Material Storage Site Easement lying over and across that part of
Tract No.69,Naval Air Station Oceana,according to the lands described in Deed Book 296,at page 170,of the
Public Records of the City of Virginia Beach,Virginia. Said strip of land extending southerly from the southerly
Version: 26 Nov 2013
Page 12 of 22
FILE NO: EO-10238
CONTRACT NO: N40085-17-RP-00046
right of way of the 66' Right of Way to the northerly right of way of Potters Road(formerly State Route No. 635),
being more particularly described as follows:
From the southwesterly corner of Oceans Village according to Map Book 26,at page 5,of said Public Records run
S.89°30'28"W.along said northerly right of way a distance of 1,660 feet more or less to the corner common to
Tract A and Tract Bon the northerly right of way of said 66' Right of Way according to Map Book 127,at page 52,
of said Public Records;
thence run S.0°29'32"E.for a distance of 66.00 feet to southerly right of way of said 66'Right of Way;
thence run N.89°30'28"E. along said southerly right of way for a distance of 50.00 feet to the POINT OF
BEGINNING B.
From said Point of Beginning B,continue N.89°30'28"E.along said southerly right of way for a distance
of 60.00 feet;
thence run S.0°29'32"E.for a distance of 201.00 feet more or less to the northerly right of way of said
Potters Road;
thence run S.80°02'44"W.along said northerly right of way for a distance of 60.83 feet;
thence run N.0°29'32"W.parallel with and 60 feet westerly(as measured at right angles)of the second
mentioned course,for a distance of 211.00 feet more or less to the Point of Beginning B.
Containing 12,360 Square Feet.
SUBJECT TO any easements,restrictions,reservations or rights of way of record.
Bearings and dimensions mentioned hereinabove are based on the State Plane Coordinate System,Virginia South
Zone,North American Datum of 1983(1993 EARN Adjustment).
Refer 10"EASEMENT FOR EQUIPMENT AND MATERIAL STORAGE TO BE ACQUIRED AREA B" on
EXHIBIT"B",on the Easement Plat,attached hereto and made a part hereof
PARCEL C
A strip of land 50 feet wide for an Ingress and Egress Easement lying over and across that part of Tract No.69,
Naval Air Station Oceans,according to the lands described in Deed Book 296,at page 170,of the Public Records of
the City of Virginia Beach,Virginia. Said strip of land extending southerly from the southerly right of way of the
66'Right of Way to the northerly right of way of Potters Road(formerly State Route No. 635),being more
particularly described as follows:
From the southwesterly corner of Oceana Village according to Map Book 26,at page 5,of said Public Records run
S.89°30'28"W.along said northerly right of way a distance of 1,660 feet,more or less,to the corner common to
Tract A and Tract B the northerly right of way of said 66'Right of Way according to Map Book 127,at page 52,
of said Public Records;
thence nm S.0°29'32"E.for a distance of 66.00 feet to southerly right of way of said 66' Right of Way and to the
POINT OF BEGINNING A.
From said Point of Beginning A continue S.0°29'32"E.for a distance of 219.33 feet,more or less,to the
northerly right of way of said Potters Road;
thence run N. 80°02'44"E.along said northerly right of way for a distance of 50.69 feet;
thence run N. 0°29'32"W.parallel with and 50 feet easterly(as measured at right angles)of the first
Version:26 Nov 2013
Page 13 of 22
FILE NO: EO-10238
CONTRACT NO:N40085-17-RP-00046
mentioned course,for a distance of 211.00 feet,more or less,to the southerly right of way of said 66'Right
of Way;
thence run S.89°30'28"W.along said southerly right of way for a distance of 50.00 feet to the Point of
Beginning A.
Containing 10,759 Square Feet.
SUBJECT TO any easements,restrictions,reservations or rights of way of record.
Bearings and dimensions mentioned hereinabove are based on the State Plane Coordinate System,Virginia South
Zone,North American Datum of 1983(1993 HARN Adjustment).
Refer to"EASEMENT FOR EQUIPMENT AND MATERIAL STORAGE TO BE ACQUIRED"on EXHIBIT"B",
on the Easement Nat,attached hereto and made a part hereof.
Version:26 Nov 2013
Page 14 of 22
FILE NO: EO-10238
CONTRACT NO:N40085-17-RP-00046
EXHIBIT "B"
i i
ie 1 tf
li 3- it iloo l
e1 I I
I
t!' 1 1 i
a
1 ' °gills t sa s
1 71 14
I / Ft $ , i°e t1vv
El R
°It o i
1
E
ildill - I -,t
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11 Illi t { { _-.
lo ,111 ;t I, 51m
11 ;131.11Nt ,i t1l ---,-
II
_
it III lilt I I 1 1 i in it k Ill 11 d PI —
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:I lliiri —'ate
Version:26 Nov 2013
Page 15 of 22
FILE NO: EO-10238
CONTRACT NO: N40085-17-RP-00046
EXHIBIT "C"
Environmental Condition of Property(ECP) Checklist Page 1 of 7
potters load Easement
Installation: Naval Air Station Oceana
Parcel/Sitar onion and 12oesa-2040 Palters Road,Virginia Beach,VA 23454
Description:
Proposed Real Estate 'Converting an existing license to an new easement agreement between WAS Ocean;(Lessor)and
Action Description: Jibe Oty of VirginiaBeach(Lessee(topermit en access roadoverNAS Oceans owned property.
Site SummaryInformation
1. lafanaat n regarding site uses and any hazardous materials,contamination,orcaaditians.Allwadable and were Wm,
recordsworts and aerial pbomgaphs were reviewed aod,vpae aussay,ante inspection sneer personal interviews were
conducted m donmmt the mvbomoemal condaasofMe property to support the proposed ted mite anion.A s®may of the
:metiws,sources of information(mrbIIine location),ad any required ase zestoctions is provided for each envismmmai
condition
4.ParcelSle They
Prior Uses, {None
hmnn Dene ;Materhl and equipment storage
pre Uses- �
[Material Mamdal and equipment storage
B.Contaminate. No
If yes,identify contaminant it media; __.. ... _ .......�._:..._.
I_
Sema of information WChehlist
Restrictions or land Use Consols: ,Nq3
If yes,please identify and aplaio ordeal in Section 2 below.
C.Hanrdpa Materials Use: ,Unknown — ------�--- �
Hazardeos Materials Stange: Unknown iJ
TvoepTxM' __-�
Tne of Vw and'ns Cowan-
Source nEafmmation
Restdcdons or land Use Controls: Ledo _
_—
If yes,please ideality and explain mdetail in Section 2 below. _
D.Treatment,Storage,Disposal of Hazardous Wash: Lnknovm 1
Source ofmfonnsda
—
Resteclions or LdinUse Controls: No
If yes,please identity and explain in detail in Section 2 below_
E.Uadeayrvaad Stene Tanks: No -
UST No. Gals.
Revised Juga 2015 TAVPAC MID-ATLANTIC
Version:26 Nov 2013
Page 16 of 22
FILE NO: E0-10238
CONTRACT NO: N40085-17-RP-00046
EXHIBIT "C"
Environmental Condition of Property (ECP) Checklist Page 2of7
e-.n•_eefmirarna 'EV edJist end GP%
Restrictions or Land Use Controls: No
If yes,please identify and eaplein in detail hi Section 2 below.
F.AbeveGremd Sterne Tanis:-No •)
AST No- l 0215.
Snow.of information- LPt Chedsllst end GP%
Restrictions or Land Use Commis; No d
Ifyes,playa identity end wedeln detail in Section 2 below.
C.Presence of Felycbloraated Bipleoyd•s(PCB's): lUrsknown
Restrictions nLand Use Comely _No u
If yes,please identify and explain in detail in Section 2 below.
B_Asbestos: ;Unknow L
If yes: Unknow
El
Source of informant=
Its-triode's or Land Use Controls:[No
]lyes,please identify and explain la dead in Secdos 2 below.
I.Lead Paint Unknown
Source of information
Resaictons or Land Use Controls No _ J
if yes,please identify and explain in dean la Section 2 below.
J.Roden: ;Unknown
Source of infommtiou.
Restrictions m Lend Use Connors No
If yes,pleaseidennfy end explain in detail in Section 2 below.
6 Radiological Materials:'Unknown
Bounce ofiefo.•nets-
HesmcnonsmLand Use Controls No
If yes,plesa:det'and explain in detail in Section 2 below.
L.Selid/flio-Havrdeas R"mfr 'Unknown . _
RevisedJune 2015 XAVFAC bdlil-ATLANTIC
Version:26 Nov 2013
Page 17 of 22
FILE NO: EO-10238
CONTRACT NO: N40085-17-RP-00046
EXHIBIT "C"
Environmental Condition of Property (ECP) Checklist Page of
Seneefinfomageal
Restrictions or Lend Use Controls N
If yes,please identifyaad welam indeed in Section 2 below. I�_I
W.Umisoas and Explosives of Coon:(Unknown J J
Source of Mennen:. _-
Ru>acliansmLead Use Controls:
If yes,please identify and explain in detail is Section 2 below.
N.neatened Sr Endangered Specie: rknovm
Sonne ofmdv[mati[a L
Rerticfiom or Land Use Controls: .No
]f yes,please identify and explain in detail in Section 2 babe
0.Natal or Cultural Reso rcn: IteS
Smrme of infmmaron EVCheddlst and GRX,See Section R Mdltfonai Irdormatbn.
Resaictioen or Land Use Controls: Ye 7
}dyes,pleaseldamCy sed explain in detail in Section 2 below.
P.Use elf Adjacent Property:
Mien Use: Roadway(Potters Road,and re Ilway(Norfolk Southern Railroad)
pan Use, IRoadway(Pottea Road)andnllway(Norfolk Southern Railroad)
Source ofbfmautiow NAVFAC GRN Nov.2010
Restrictions or Land Use Connolr No _ 3
If yes,please identify and explain b deed in Section 2 below.
Q.Ilu lite rite bad envNotices of Violation] No
If yes,Please explain_
Grcnrea mfmmnuon __ __
Rumctimc or Land Use Controls: IR-
If yes,please fdenify and explain in detail in Section 2 telae.
R_Additional information or nominees regarding goestiou shorn abase knee Resettle'a atheism?ream.r needed):
.Section Ra Storm-water drainage basin anti open drainage lines are across the street from the parcel
Section O Cultural Resources:There we no cultural resources Issues withthls protect,SRPO consihation lsnotreotdred,The
projectaree is located within an archaeoloykally sensitive area;however the project does not entail e y ground disturbance
The project area is situated a little over 300 meters from the Upper Wodsnerehistedc house but ulna no newconstructlon Is
`volved,it will not affect the historic setting or Newshed.Howevr,8 anyarchaeolagialresources are discovered,work F the
RevisedJune 2015 NAVFAE MMIE-AT2.ANfIC
Version: 26 Nov 2013
Page 18 of 22
PILE NO: EO-10238
CONTRACT NO: N40085-17-RP-00046
EXHIBIT "C"
Environmental Condition of Property (ECP) Checklist Page 4 of 7
nmme•la earea o em• op- u'Wa resources cone . armor¢any sere cons ni •n n
Nis area will require corssuhation with SHPO and cukual resources surveys may also be required. .
'PDC Ron Hobgood
Culture)Reouros Media Manager
mnatdhobgoodena y.mll
.7573412027
'Section Q Natural Reources.
Base:NavaI Air StatlonOceana
Prefect Name Potters Road Easement
EC Reviewer Installation Natural R ources Manager Review.Michael Wright
'Dale 24 August 2016
nvfron mental Aspectol meads:(Sections that were"no"or"not anticipated were removed from thlslht.but an befound in
'tie EY Checklist)
I1.Threatened Endangered Specie(ESA,Endangerad Spades AC<http,#www.fwsgov(endangeredfspecles/Indechtm In
1<hitp://wwwdcrviginingcv/natunl-herltagefdbeea,chtoob)=Potent& .none anticipated.
I7.Tree Mitlgation,,Relmbunement(INRMP/Slkes Act)=Potential
Ie.Coastal Zone Management Act(CZMA)=Yes.(A Coastal Consistency Determination,CCD,k not required related to Natural
Resources concerns.)
9,Migratory birds(MBTA MlgatoryBid TreatyAct<htgs://www.fwsgov/bbds/polidesand-regdationsalawskgfsblons/
mlgatorybfrd-treaty-ad.php>)=Potential.
la Bird/Animal Aircraft Strike Hanrds(BASH)=.Potentia I.
11.Bald and Golden Eagle Protection Act 03AGEPA1=Potential.
114.National Invasive Species Act CEO 11967•ED 13112)-Yes.
1S.Federal Nacrous Weed Act(<httra/plaMsusda.gov/JanhoxCompotlta>)=Potential.
17.ActivePeet Species Quarantines
(chttpsYhvww.aphlsusdayov/wpsrportal/aphWourfocus/plantheelt fie domesdc_oests_and_dfseases/>;
<httpr/7www.vdacsvlrgl n lagwrylant4ndusty-servkesahtml>)=Yes.
la thesspeake BayPreservation Act(CBPA)Watershed=Ye
24.Soil Conservation and Domestic Al lotment Act(SCA Soil Conservation Ad)=Ye.
I251niurtousIMIdlfre(Lacey Act,drttpwwww.iwsgovAnJudouswlldlifeA)=Potential.
(Additional Comments it
1.Appropriate erosion and sediment control should beutilised to avoid contamination into adjacent wetlands,waterways.
ditches and other stormwater systems.No equipment should be utilized nor stored fn wetlands orwaterways without proper
permits/coordination.Note stormwaterdrains and ditches Immediately adjacent and/or within easement workzone connect to;
(Iwaters of the U.S.that are considered linear wetlands and protected under thetlean Water Act Inappropriate erosbn and
!sediment control that resultsin a release of material Into an upland section ofditch thatthen runs into wetand*wataa of the
US is considered fill of wetlands and retied to the Issuance ofa notice of violation underthe CWA.
§2.Oue to proximity to the airfield and associated elrcraft.any storage structures or paydown area materials should be housed in
a wry tominimize its attraction to wildlife thatcould pose a Bird/Animal Aircraft Strike Named(BASH)on the lnstagatlnr.Areas
;of Mounded vegetation and/or soil are very Inviting to nesting or perching birds and to rodents which also attract larger •
'anImalsto the area(prey/predatorrekatfonsNp).Ala,to reduce 6ASHconmns,all outdoor trash receptacles(particularly those•
i
where food based fresh is disposed)on site must be secured Qldskloon closed)atoll tlmesto awed the attsadlon ofwildlieto
the site.
t3.The ActNshould take every prose to avoid potential negative impacts to Migratory girds.This profectis located alonAntonyca
the Adantic Flyway.In addition there are known Threatened and Endangered 5padesthatmlgate through this area.Landscapei
'alterations(le.Tree removal,landclaring,etc.)a re notautodzedwlthett additional coordination wfththe Installation
Enstronmental Program.If the activity proposes to conduct night operations.the adtvltyshouldNOTlnstall lighting that could -
'disorient birds migrating at night.Activity shouldfollowUnird Facilities Criteria(UFC)Interior and eaterlorllghting systems
and controls and ensure:
'Lighting structures be installed that mininize ambient light(light should be directdANeldddownwards not up or out),the
following website provide examples of acceptable and unacceptable lighting fixture chtt Markdcyerg/lighting/
ilightingbasl A;and light-bulbs to be Installed should utilize ardor temperature of no more than 3000Kelvins(NO blue-rich
cob be lights)utilizing'warm-whitemrfikered tEOsan meet this requirement This may mean more poles have to be Installed
plan what would be required for hlglierkeWne bulbs to meet anylighting requirements
''As of 27 April 2016 the USFWS IPaC(Information for N anning and Conservation)system docu mented 36 species of Breeding
Revised lune 2015 XAVPAC MID-ATLANTIC
Version:26 Nov 2013
Page 19 of22
FILE NO: EO-10238
CONTRACT NO: N40085-17-RP-00046
EXHIBIT "C"
Environmental Condition of Property (ECP) Checklist Page of
::h• o on- on oncemt amu•occuron e prop se' ema^ty• ' esespeaes rive••en con mhe• o•-
presenton the Installation).Any take of a migratory bird(Including possession of parts d a bird).en active nestor eggs is a
'violation of the Migratory gird Treaty Actunless appropriate permits and authdzadons ars obtained.
!As of the 03 Apr 2016 nesting bald eagle survey for the Installation,this project does not currently have eagles nesting within '
(the USFWS sbndoffsbufferdistancesofan active eagle rest.Project should verify annually that there are no active eagle nests
within 215408 tithe project site Eagles are occasionallyabser ed on the)nsbkation.Eagles begin establishing nesting
Iterritorle In the fall.and have active nests over t hewinter end early spring months Coordination with the Installation Natural
•Resources Manager will need to be maintained to ensure no newnsb or roosts are este dished prior tothe project
Imnstmctlon i(meJlneConsultationswih USFWS and VOOF may berequlrsdifa nest Is locatdwithin 2.640ft of the project
late
4.EC does not indicatedrtwgetadon/kndscaping will be completed Landscsring/revegebting sol disturbed areas:ONLY
',Native Species should be utilized.The Installation is located v4ltthe Coastal Plains(C)of VA and as suchsecies nativetett-is
',Native
be utilized for vegetation/landscaping activities on base.A list ofnattveytant nurwdes is maintained by the
/Virginia
Native PlantSociety.crcww.vnpsorg>.Wanting:Not al plants sold at Native Plant Nu nodes areneossarilynadve to the region I
iln whkh you plan to plant and some of these nurseries also sell non-native plants in addition to thenativepiasrts.Below are
additional lido that can be used for researching nativepiante chtgv/Avww.vaptantatlasargfz chttpJ/planbusdagov/AvaA; i
land
•twwwdcrvirglnlagownatural herlbge/nativeplantsshtml>.
(Plant selection and appliiatlon sfhould be done Ina manor to mire mice BASHconcerns,if using sed Itvill be attractive to
'wildlife if utilizing seed to minimize BASH concemstheseed should be applidutilizing a Sit seedtechnique.Gws seed doe I
(best when spread in the fall or spring time frames There Is a native mix d grass available on the market consisting of Virginia
I Widrye(Ebymusvlrginicus).Pumletopfredtop(Tridens flarusp and Broomsedge(Andropogon Nrglr4cus).They recommend le
(lbta
screof seed andplanting In spring or eadysummer.The NASO USDA BASH Biologistbas been coordinataw
dhh regarding
these plants belle acceptable for use on the Installation.
1Any vegetation planting lists should be submitted to the Installation Natural Resources Manager for final approvals N
(CAUTIO
( TNG E)05PLAITS FOUND ON BASE.PLANTS IOENTIFIEO in the INSTALLATION APPERANCE PLAN,or PLANTS
IDENTIFIED In the LOW IMPACTOEVELOPMENT RAN may NOTbe Native Spades.You must select Native Species)
5.Invasive species BNoodous weedrnanagemenihemonigpread avoidance Is required by Navy Potty,ED 11987,E0 13112
land the Sikes Act via the integrated Natural Resources Management Plan.Due to the known presence of non-native invasive
species&noxious weeds in the area,on base sotgsldge/organic material ren,ovedfrom any projectson base should be
[disposedof appropriately ofbase.Mderl els on base should not be relocated anywhere on base beyond its originating location.'.
'',Soffrhay/sand/plan6/m ulchs/etc.brought on base for this project should be cerdfled clean(conbminate and noxious weed '
'feel.&lulpment should be clean prior to arriving on be se to avoid I nboduct on of new at spread of eating nonnative
invasive spedes to t hetiase/loation.After working at this site,equipment should also be deanedplortowoddng inanyother
beat-ion/sib on or of lase.
Noteinstallation is within the quarantinezone for several non-native pest species Of these species the most likely to occur and
potentially Impact the project work zone Is the imported fire ant*anyquara Mined pest species are observed on or adjacent
the project site contact the mO so that the on duty NR or Environmental Services personnel can respond to the site to either
remove the pstsor provide furtherguldance.
'tin addition to the exittingFederal List of injurious wildlife,Muting 213)anuary20 les under the LaceyAct,it wig be illegal for
,individuals to have Inthelrpossession any five or dead specimen,Including parte of several spaded d salamanders anewts
'(some species confirmed present on the installation)without proper permits if individuals are found guilty ofbingingthese
'animals ono the lnstaDation or taking them off of the installation without proper permitstheyan subject to the penalties of
the lawonce the ndetakeseffect.(Regardless ofthis lase,it Is Illegal to remove natural or cohsal resources fore the Installation
without proper a utborizadons asltwould be considered theft of government property,'
Is helghtensthe concern/requirement reg arding equipment that is brought onto the installation Equipment should be dean 1I,
before entering the installationand should becleaned before that equipment's transported olid the installation(contiguous i
E
land parcels)and utilized elsewhere(non-contiguous land parcels)to help minimize or ecoid the potential spread of invasive
'species and/or Injurious wildlife it also heightensthe concern regarding spedes being kept in'captivity'on installation
'propertyor being brought back to the installation when military/delians are conducting tours of duty elsewhere.
7.EC package submitted for review Indicates no tree will be removed;however,trees do appear to be'anted within the
reasement boundary.Trees are not authorized for removal.It appean the activity maywork adjacent totrees/within the drip
(hes.es or root systems of The activity must follow the CO's approves)integrated Natural Resource Management Plan's Tree I
iPreserntion Guidance Document(see attached)whet working around trees titres death can be linkedto work associated
Iwit this easement.tree mitigation will be seen red.
ra installation is located within the species distribution for both Northern long-eared bat(federal protected)and Rail nese ues
Revised June 2015 s?'AVEAC NEED-ATLANTIC
Version:26 Nov 2013
Page 20 of 22
FILE NO: EO-10238
CONTRACT NO: N40085-17-RP-00046
EXHIBIT 4eC"
Environmental Condition of Property (ECP) Checklist Page of
(bIgea red bat(nate protected).installation has not been confined tehave the RSA federally protected Nati species present on
ate.The NUB has beenconirmed to occur east andwet of the Install:Mon.Thehubllation hasbeen confirmed to have the
(state Wed protected BBEB species on site.Thelnstallation Is also confined to have Lkile brown bat whkh Is a species likely to
`have a proposal submittdto ilSFW SforESA listing consideration,Monarch butterfly,a species that hasbeen petitioned for
listing underthe ESA is known to occur on the installation within the project work zone.
I9.Feding.ha Morino,harassment,collecting,ltilling,andfor releasing of arimais/wildilfe(this also I dudesferat animals)and
!plants on the installation Isprohibitd wtthoutabtaining authcrkd permits Preaullons should be taken to prevent negadve
''i1mpacts fromcoming in contact with wildlife.This base is known to have poisonous plants(ie.poison ivy%venomous snakes
((Le,copperhead and cotto mouth(,beim/views/hornets,ticks,mosquitoes and rabid animals Do not approachwbdlife.do not
(bb
y to touch or wcate wild life,DO NOT KILLwlldlik.Contact the base dispatch or CDO and they will contactthe Natural
Resources Office to come out and take care of the wildlife concern Animals only,not plants).
Sincerely.
Mike
IMkhael Wright
Natural Resources Manager INASO and NSAHR NWA)
(Doo Partners In Night Rep.NA)
Office 757-433-3461
IrnichaeLEwdghl®navyaralr
mat
Source ofvresion: 1 Chedlist and GRX 1
Restrictions wm
Ld Use controls: a. ,Ob _ _ _ _
If yes,please identify and',visit in dead f.Section 2 below.
2.List of Kathie or Lend Use Controls Malty)required for Real Estate Aetioa:
''Sction 0.Nato rah Resources See Sectiona Additional Information
i Section R:Storm-water drainage basin and open dralnagellnes are across the streetfrom the parcel
Revised June 2015 NAVPAC MW-AIL YETC
Version:26 Nov 2013
Page 21 of 22
FILE NO: EO-10238
CONTRACT NO: N40085-17-RP-00046
EXHIBIT "C"
Environmental Condition of Property (ECP) Checklist Pagel of
3.Signature:
Based on the records reviews, ate inspections, and interviews comforted for the proposed real estate action, the
enviroumantal ooaditioas of the Property are as slated in this document and this property is suitable for outgant r
transfer witthe inclusion of the restrictions of Land Use Controls(if any)identified above
ECP Checklist Pregame:(Kenneth OmniFacilityPlanner [Nov[ &2016
Print Name Date
PWD Environmental
17-AMBEILA N.JERiT N.11193
962 onarauernmeurnsur
m NAVFAC Installation Envron mental Program Director
Signature Title
'Terry N.°lambed.in _
Print Name Date
Environmental Professional(EBL(EV 3)):
IRMERROBitt '^G.122933] i "m
I( - — —- --
I174 �..v. mm NAWAC MIdlant ER Mgr
Signature Title
Robert G Schirmer Iran 11.2017
PtlntName Date
Real Estate Profesaoaal
The real estate professional(s)acknowledge these restrictions a Land Use Controls(if any)identified above andwiill
eu•.me they am made apart afire automat document.
MDOAAAIV PRULA1035]3 B]3A=Mr
- 'IN WKS Y)
"1tl s I..-am Reel Dante Contracting Officer
Signature Title
Paul Maomew 122 February 2077
L
Print Name Date
Property Owner(Activity or Region):
The property Owner(Activity or Region)acknowledges and accepts the foregoing statement of environmental conditions
and the restrictions or Land Use Controls(d any)that will be required fortbis real estate ontgrant.
Signature
Print Name Date
Revised June 2015 t)AVPAC MID-ATLANTIC
Version: 26 Nov 2013
Page 22 of22
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80
Item-V11-L5b
ORDINANCES
ITEM#66951
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE acquisition of
b. Properly in fee simple as right-of-way for the Shipp's Corner Road
improvements and the acquisition of temporary and permanent
easements, either by agreement or condemnation
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis K Jones, Shannon DS Kane, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
April 4, 20/7
1 AN ORDINANCE TO AUTHORIZE
2 ACQUISITION OF PROPERTY IN FEE SIMPLE
3 FOR RIGHT-OF-WAY FOR SHIPPS CORNER
4 ROAD IMPROVEMENTS PROJECT (CIP NO.
s 2-414 PW CN-15-0047)AN D THE ACQUISITION
6 OF TEMPORARY AND PERMANENT
7 EASEMENTS, EITHER BY AGREEMENT OR
a CONDEMNATION
9
10
11 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a
12 public necessity exists for the construction of this important roadway project to improve
13 transportation and safety within the City and for other related public purposes for the
14 preservation of the safety, health, peace, good order, comfort, convenience, and for the
15 welfare of the people in the City of Virginia Beach.
16
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
is VIRGINIA BEACH, VIRGINIA:
19
20 Section 1. That the City Council authorizes the acquisition by purchase or
21 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and
22 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in
23 fee simple and temporary and permanent easements (the "Property"), as shown on the
24 plans entitled "SHIPPS CORNER ROAD IMPROVEMENTS CIP NO. 2-414 PWCN-15-
25 0047"(the "Project")and more specifically described on the acquisition plats for the Project
26 (plats and plans collectively referred to as the "Plans"), the Plans being on file in the
27 Engineering Division, Department of Public Works, City of Virginia Beach, Virginia.
28
29 Section 2. That the City Manager is hereby authorized to make or cause to be
30 made on behalf of the City of Virginia Beach, to the extent that funds are available, a
31 reasonable offer to the owners or persons having an interest in said Property. If refused,
32 the City Attorney is hereby authorized to initiate, prosecute and settle or resolve
33 proceedings to condemn said Property.
34
35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of
36 April , 2017.
CA13874
R-1
PREPARED: 3/21/17
\\vbgov.com\dfsi\applications\citylawprod\cycom32\wpdocs\d010\p026\003559]4 doc
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• . • 1 '1x
PUBLIC WORKS/REAL ESTATE
3lztJ\U
APPROVED AS TO LEGAL
SUFFICIENCY
AND FORM
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81
Item -VII-1.6a
ORDINANCES
ITEM#66952
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE:
a. $1,800,000 to the Risk Management Internal Services Fund
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William
D. Sessoms, Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
April 4, 2017
1 AN ORDINANCE TO APPROPRIATE $1,800,000 TO
2 THE RISK MANAGEMENT INTERNAL SERVICE
3 FUND TO SUPPORT CURRENT LIABILITIES
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 That $1,800,000 is hereby appropriated from the fund balance of the General
9 Fund, with revenue from fund reserves increased accordingly, to the Risk Management
10 Internal Service Fund to support current liabilities.
Adopted by the Council of the City of Virginia Beach, Virginia on the 4th
day of April , 2017.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
C
oLy
cAtifJJ
David Bradley - aDana - .rmeyer
Budget and Management Services City Attorney's Office
CA139772
R-1
March 24, 2017
82
Item -V11-L6b
ORDINANCES
ITEM#66953
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
b. $1,951,076 from Virginia Department of Transportation (VDOT) to
Public Works for road maintenance
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
April 4, 2017
1 AN ORDINANCE TO ACCEPT AND
2 APPROPRIATE FUNDING FROM THE VIRGINIA
3 DEPARTMENT OF TRANSPORTATION FOR
4 ROAD MAINTENANCE
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 That $1,951,076 is hereby accepted and appropriated, with revenue from the
10 State increased accordingly, for Virginia Department of Transportation funded
11 maintenance of roadways.
Requires an affirmative vote by a majority of all of the members of City Council.
Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of
April 2017.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
I
David Bradley Dana rmeyer
Budget and Management Services City Attorney's Office
CA13970
R-1
March 21, 2017
83
Item-VII-L6e/d
ORDINANCES
ITEM#66954
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE::
c. $57,000 from the U.S. Department of Justice to the Police for
Human Trafficking Enforcement and Training
d. $11,250 from the Federal and State Seized Asset Fund Balance to
the Police in a grant match
Voting: 1l-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
April 4, 2017
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS
2 FROM THE VIRGINIA OFFICE OF THE ATTORNEY
3 GENERAL AND TO APPROPRIATE FUND BALANCE OF
4 THE SEIZED ASSET SPECIAL REVENUE FUND TO THE
5 POLICE DEPARTMENT FOR HUMAN TRAFFICKING
6 ENFORCEMENT AND TRAINING
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA, THAT:
10
11 1) $57,000 is hereby accepted from the U.S. Department of Justice via the Virginia
12 Office of the Attorney General and appropriated, with revenue increased
13 accordingly, to the Police Department for human trafficking enforcement and
14 training; and
15
16 2) $11,250 is hereby appropriated from the fund balance of the Federal and State
17 Seized Asset Fund, with specific fund reserve revenue increased accordingly,to
18 the Police Department to supply a required local grant match.
Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day
of April 2017.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Th
David Bradley \ •.na armeyer
Budget and Management Services City Attorney's Office
CA13971
R-1
March 22, 2017
84
Item-VII-I.6e
ORDINANCES
ITEM#66955
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to TRANSFER:
e. $150,000 within Public Libraries to purchase a Point-of-Sale system,
computers and related equipment
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent
None
April 4, 2017
1 AN ORDINANCE TO TRANSFER $150,000 WITHIN
2 THE OPERATING BUDGET OF THE DEPARTMENT
3 OF PUBLIC LIBRARIES TO PURCHASE A POINT-
4 OF-SALE SYSTEM, A PUBLIC COMPUTER TIME
5 SYSTEM, AND PRINT MANAGEMENT SOFTWARE
6 AND EQUIPMENT
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
11 That $150,000 is hereby transferred within the FY 2017 Operating Budget of the
12 Department of Public Libraries to purchase a point-of-sale system, a public computer
13 time system, and print management software and equipment.
Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day
of April 2017.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
David Bradley Dana nneyer
Budget and Management Services City Attorney's Office
CA13966
R-1
March 16, 2017
85
Item—VII-J
PLANNING ITEM#66956
I. BRYANT WINDBORNE VARIANCE
2. OANH DANG MODIFICATION OF CONDITIONS
3. BELIN MUTUAL FINANCIAL,LLC CONDITIONAL CHANGE OF
ZONING and CONDITIONAL USE
PERMITS
4. ELLENABNEY CONDITIONAL USE PERMIT
5a/b/c CITY OF VIRGINIA BEACH SIGN REGULATIONS
HOME-BASED WILDLIFE REHAB
COMP PLAN/SEAPINES STATION
MAYOR SESSOMS WILL ABSTAIN ON ITEM#2
MAYOR SESSOMS WILL ABSTAIN ON ITEM#3
COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#5a
ITEM#5c WILL BE DEFERRED INDEFINITELY
April 4, 2017
86
Item-VII-J
PLANNING ITEM#66957
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT: Items 1, 2(MA YOR SESSOMS ABSTAIN), 3(MAYOR SESSOMS ABSTAIN), 4,
5a(MOSS VERBAL NAY)/b and 5/c(DEFERRED INDEFINITELY) of the PLANNING AGENDA
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
April 4, 2017
87
Item—VIIJ.I
PLANNING ITEM#66958
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, and
CONDITIONED, BY CONSENT: Ordinance upon application of BRYANT WINDBORNE for a
Variance to § 4.4 (b) of the Subdivision Regulations re a single family home at 2832 West Gibbs Road
DISTRICT 7—PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of BRYANT WINBORNE far a Variance to
§ 4.4 (b) of the Subdivision Regulations re a single family home at 2832
West Gibbs Road (GPIN 1397252581) DISTRICT 7 — PRINCESS
ANNE
The following conditions shall be required:
1. The site shall be substantially as shown on the submitted survey entitled,
"SUBDIVISION OF PROPERTY Parcel B-3 James A. Fleming's Farm, " dated,
January 18, 2017, and prepared by Bonifant Land Surveys, Inc. Said plan has been
exhibited to the Virginia Beach City Council and is on file in the Planning
Department.
2. When the property is redeveloped, the residential dwelling constructed shall be in
substantial conformance to the architectural features, and appearance depicted on
the submitted elevations entitled, "Residence for: TAB & LEIGH WINBORNE at
2832 WEST GIBBS ROAD, VIRGINIA BEACH, VA 23457, " prepared by Victoria
Gail Designs and dated, April 25, 2016. Said elevations have been exhibited to the
Virginia Beach City Council and are on file with the Virginia Beach Department of
Planning.
3. Prior to the construction of any new dwellings on the site, Health Department
approval of the proposed water and/or septic system shall he required.
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, Fourth day of April, Two Thousand
Seventeen.
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M.
Henley, Vice Mayor Louis K Jones, Shannon DS Kane, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
April 4, 2017
u
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88
Item—V/6Z2
PLANNING ITEM#66959
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, and
CONDITIONED, BY CONSENT: Ordinance upon application of OANH DANG and HOLLAND
SOUTH INVESTMENTS, LLC for Modification of Conditions re business and vocational school at
3420 Holland Road(Approved March 3, 2015)DISTRICT 3—ROSE HALL
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of OANH RANG and HOLLAND SOUTH
INVESTMENTS, LLC for Modification of Conditions re business and
vocational school at 3420 Holland Road (Approved March 3, 2015)
(GPIN 1486823088)DISTRICT 3—ROSE HALL
The following conditions shall be required:
All conditions attached to the Conditional Use Permit granted by the City Council on
March 3, 2015, shall be deleted and replaced with the condition below.
1. A Certificate of Occupancy shall be obtained prior to the operation of the Business
and Vocational School on this site.
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, Fourth day of April, Two Thousand
Seventeen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
John K Uhrin, Rosemary Wilson and James L. Wood
Council Members Abstaining:
Mayor William D. Sessoms,Jr.,
Council Members Absent:
None
April 4, 2017
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WILLIAM D.SESSOMS.JR. MUNICIPAL CENTER
MAYOR BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH.VA 23455.8000
In Reply Refer to 0060320 1757)385-4581
FAX 1757)3B9d699
wsessomsevbgov corn
April 4, 2017
Mrs. Ruth I lodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Dear Mrs. Fraser:
Pursuant to the State and Local Government Conflict of Interests Act, I make the
following declaration:
I. I am executing this written disclosure regarding City Council's discussion and
vote on the application of Oanh Dang for a modification of conditions for
property located at 3420 !Tolland Road and owned by Holland South Investments,
LLC.
2. The property owner has disclosed that TowneBank is a financial services provider
with respect to the property that is the subject of this transaction.
3. I have a personal interest in TowneBank, which is located at 600 22nd Street in
Virginia Beach, and I will abstain from voting on this matter.
Please record this declaration in the official records of City Council. Thank you for your
assistance.
in______
Sincerely, •
William D. Sessoms
Mayor
WDS/RRI
89
Item—VII-J.3
PLANNING ITEM#66960
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, AS
PROFFERED and CONDITIONED, BY CONSENT: Ordinance upon application of BELIN
MUTUAL FINANCE,LLC.for a Conditional Change of Zoning from AG-2 Agricultural to Conditional
I-1 Light Industrial and Conditional Use Permits re auto repair and bulk storage at 3156 Holland Road
DISTRICT 3—ROSE HALL
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of BELIN MUTUAL FINANCE,LLC.for
a Conditional Change of Zoningfrom AG-2 Agricultural to Conditional
I-1 Light Industrial and Conditional Use Permits re auto repair and bulk
storage at 3156 Holland Road(GPIN 1495166099)DISTRICT 3—
ROSE HALL
The following condition shall be required:
An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court
The following conditions shall be required:
1. The Bulk Storage Yard shall be accessed from the one entrance depicted on the
Concept Plan referenced in Proffer 1.
2. The overhead bay doors shall remain closed exceptfbr necessary ingress/egress of
vehicles into or out of the facility.
3. The site shall be limited to a total of two (2) wall mounted signs, which shall total no
more than ninety(90)square feet.
4. Any freestanding sign shall be monument style with a brick base, and shall be no
taller than eight (8)feet as measured from the ground to the top of the sign and shall
not exceed more than thirty-two (32) square feet in area per face. There shall be no
"box sign, but rather it shall be either externally lit or constructed with raceway-
mounted channel letters with L.E.D. illumination. A separate sign permit shall be
obtained from the Planning Departmentfor the installation of any signage.
5. There shall be no neon or electronic display signs or accents installed on any wall
area of the exterior of the building, in or on the windows or on the doors.
6. The Bulk Storage Yard shall be screened at all times by a six (6)foot solid fence and
either the existing mature vegetation, or Category VI landscaping. If at any time the
existing vegetation is removed, diseased or dead, it shall be replaced with Category
VI landscaping.
7. Vehicles that are in a state of obvious disrepair shall be stored on a temporary basis
of no more than ninety (90) days per vehicle, within the depicted Bulk Storage Yard.
No such vehicle shall be permitted to be stored elsewhere on the site.
8. Prior to final Site Plan approval, a Landscape Plan shall be submitted during the
Site Plan Review process that reflects the plant material and placement depicted on
the submitted Conceptual Layout Plan referenced in Proffer 1. Said plan shall be
submitted for review and approval by the Development Services Center Landscape
Architect.
April 4, 2017
90
Item—V77-J.3
PLANNING ITEM#66960
(Continued)
9. All vehicles delivered to the site must be off-loaded on the site. The delivery vehicle
shall not be permitted to back into the site from Holland Road, nor shall it impede the
normal flow of traffic on Holland Road at any time.
10. There shall be no decorative pennants, feather flags, streamers, air dancers,
inflatables or other similar advertising items located on the site.
11. A Photometric Plan shall be submitted during the Site Plan review process to ensure
that all lighting on the site be shielded and directed downward to limit the amount of
overspill outside the property's boundary.
12. All vehicle repairs shall take place inside the building.
13. There shall be no storage containers outside the building or in parking spaces.
This Ordinance shall be effective in accordance with Section 1077)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, Fourth day of April, Two Thousand
Seventeen.
Voting: 10-0
Council Members Voting Aye:
Jessica P.Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Abstaining:
Mayor William D. Sessoms, Jr.,
Council Members Absent:
None
April 4, 2017
S�'��s cyt-
04 •' :tal
A, f. CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
,
, .o,o+`
In Reply Refer To Our File No. DF-9785
DATE: March 24, 2017
TO: Mark D. Stiles DEPT: City Attorney
FROM: B. Kay Wilson DEPT: City Attorney
RE: Conditional Zoning Application; Belin Mutual Finance, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on April 4, 2017. I have reviewed the subject proffer agreement, dated
January 31, 2017 and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ka
Enclosure
cc: Nancy Bloom
AGREEMENT
THIS AGREEMENT (this "Agreement"), made this 31" day of January, 2017, by and
between BELIN MUTUAL FINANCIAL ASSOCIATES, LLC, a Virginia limited liability
company ("Grantor", to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the
"Grantee", and to be indexed as grantee).
WITNESSETH:
WHEREAS, Grantor is the current owner of that certain parcel located in the City of
Virginia Beach, Virginia, identified by GPIN 1495!660990000, as more particularly described in
Exhibit A attached hereto and incorporated herein by reference (the "Property"); and
WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification
of the Property from AG-2 to Conditional I-1; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including mixed-use purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses
conflict, and that in order to permit differing uses on and in the area of the subject Property and
at the same time to recognize the effects of the 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 Conditional I-I are needed
to cope with the situation to which the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed conditional amendment to the
Zoning Map, in addition to the regulations provided for in the existing I-I zoning district by the
existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the
physical development, operation and use of the Property to be adopted as a part of said
amendment to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's
GPIN: 14951660990000 Prepared by:
Leslie R. Watson, Esq.
Wolcott Rivers Gates
200 Bendix Road, Suite 300
Virginia Beach, VA 23452
Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record
owner of the subject Property at the time of recordation of such instrument; provided, further,
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other
successors in title or interest, voluntarily and without any requirement by or exaction from the
Grantee or its governing body and without any element of compulsion of quid pro quo for
zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following
declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property and hereby covenants and agrees that these
proffers (collectively, the "Proffers") shall constitute covenants running with the said Property,
which shall be binding upon the Property and upon all panics and persons claiming under or
through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in
interest or title, namely:
1. When developed, the Property shall be developed in substantial conformity with
the conceptual site plan entitled "CONCEPTUAL SITE LAYOUT PLAN OF 3156 HOLLAND
ROAD, VIRGINIA BEACH, VIRGINIA", dated October 24, 2016, and prepared by MSA, P.C.
(the"Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and
is on file with the Virginia Beach Department of Planning.
2. The architectural style and quality of materials used for the proposed structure to
be constructed on the Property, when constructed, will be in substantial conformity with the
exhibit prepared by Powerbilt Steel Buildings. Inc., a copy of which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of Planning.
3. The following uses will be prohibited on the Property: newspaper printing and
publishing;job and commercial printing; repair and sales for radio and television; small wireless
facilities; bars or nightclubs; borrow pit; and fiber optics transmission facilities.
4. Further conditions lawfully imposed by applicable development ordinances may
be required by the Grantee during detailed site plan and/or subdivision review and administration
of applicable City Codes by all cognizant City agencies and departments to meet all applicable
City Code requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
The Grantor covenants and agrees that (I) the Zoning Administrator of the City of
Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing
body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
2
conditions, and(ii)the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions 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 the provisions of the
City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4)the Zoning Map shall show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Department
of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee.
IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the
date first written above.
GRANTOR:
BELIN MUTUAL FINANCIAL ASSOCIATES, LLC,
a Virginia limited liability�licompany
•
By: Ste/al / -�J
li _....„✓
D:Gregory, M
M. 4er A"! i I . . a
•
` f Traci B. Gregory, anager
STATE/COMMONWEALTH OFpsi t{p nxd.
yy
CITY/COUNTY OF '___Bee ,to-wit:
.--- The foregoing instrument was sworn to and acknowledged before me this 0s�- day of
ff.(sae,R , 2017, by Daniel G. Gregory and Traci B. Gregory, who are ❑
personally knon4n to me or has produced d,r rp \ktinaP,_ as identification, in their
capacity as Managers of Belin M tual Financial Associates, a Virginia limited liability company,
on behalf of the limited liability company,.
Witness my hand and official stamp or seal this �( day of J17Jv10.114 ,
2017.
CL ha YS- euvfA
Notary Public (SEAL)
My Commission Expires: all\Iyxn 3(\ ,b(rl
Registration Number: aSS':150 ; o;ns:oa:::
Notary Public ti
�' Reg#28598.3Commonweatlb of Vi 'inS
My Commission Expires . 9 1
3
EXHIBIT A
ALL THAT certain piece, parcel or tract of land, situate, lying and being in the Princess Anne
Borough of the City of Virginia Beach, Virginia, containing 3.41 acres, more or less, as shown
and described on a certain plat entitled, "BOUNDARY SURVEY OF PROPERTY OF ALLEN
C. WATSON AND FLETCHER D. WATSON, PRINCESS ANNE BOROUGH, VIRGINIA
BEACH, VIRGINIA", dated March 9, 1998, made by Harold C. Warren, III, L.S. No. 2192,
which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia in Map Book 280, at page 61, reference to which is hereby made for a metes and
bounds description and further particulars.
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WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER
MAYOR BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VA 234569000
(757)385-4581
FAX 585 5 7)385-5699
In Reply Refer to 0060322 ove90veGo
April 4,2017
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Dear Mrs. Fraser:
Pursuant to the State and Local Government Conflict of Interests Act, I make the
following declaration:
1. I am executing this written disclosure regarding City Council's discussion and
vote on the application of Belin Mutual Finance, LLC for a conditional change of
zoning and conditional use permits at property it owns at 3156 Holland Road.
2. The applicant has disclosed that TowneBank is a financial services provider with
respect to the property that is the subject of this transaction.
3. I have a personal interest in TowneBank, which is located at 600 22nd Street in
Virginia Beach, and I will abstain from voting on this matter.
Please record this declaration in the official records of City Council. Thank you for your
assistance.
Sincerely,
ncB
William D. Sessoms
Mayor
WDS/RRI
91
Item—VII-Z4
PLANNING ITEM#66961
Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council APPROVED, and
CONDITIONED, BY CONSENT: Ordinance upon application of ELLEN ABNEY and DARRELL and
ELLEN ABNEY for a Conditional Use Permit re home-based Wildlife Rehabilitation at 428 Becton
Place DISTRICT 5—LYNNHAYEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of ELLEN ABNEY and DARRELL and
ELLEN ABNEY for a Conditional Use Permit re home-based Wildlife
Rehabilitation at 428 Becton Place (GPIN 1487867611) DISTRICT 5—
LYNNHAVEN
The following conditions shall be required:
1. The applicant shall comply with all of the provisions of Section 242.3 of the City
Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation facility.
2. No animals shall be dropped-off between the hours of 10:00 PM and 7:00 AM
3. No animals shall be released at the subject site or within the neighborhood.
4. The applicant shall maintain the existing six(6)foot high privacy fence that encloses
the backyard, such that all activity and all structures associated with the Home-
Based Wildlife Rehabilitation facility are screened from view.
5. The pre-release cage depicted on the Site Layout shall be equipped with a double
door system for the protection of the handler and the mammals prior to occupancy by
any mammals.
6. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies
immunization shall he kept onsite.
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, Fourth day of April, Two Thousand
Seventeen.
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis K Jones, Shannon DS Kane, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
April 4, 2017
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92
Item—VII-J.Sa
PLANNING ITEM#66962
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY
CONSENT: Ordinance upon application of CITY OF VIRGINIA BEACH to AMEND § 905 re: sign
regulations in the 8-4K Kempsville Area Mixed Use District
This Ordinance shall he effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, Fourth day of April, Two Thousand
Seventeen.
Voting: 10-1
Council Members Voting Aye:
Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William
D. Sessoms,Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
April 4, 20/7
1 AN ORDINANCE TO AMEND SECTION 905
2 OF THE CITY ZONING ORDINANCE
3 PERTAINING TO SIGN REGULATIONS IN
4 THE B-4K KEMPSVILLE AREA MIXED USE
5 DISTRICT
6
7 Section Amended: § 905 of the City Zoning
8 Ordinance
9
10 WHEREAS, the public necessity, convenience, general welfare and good zoning
11 practice so require;
12
13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15
16 That Section 905 of the City Zoning Ordinance is hereby amended and
17 reordained to read as follows:
18
19 ARTICLE 9. BUSINESS DISTRICTS
20
21
22
23 Sec. 905. - Sign regulations.
24
25
26
27 (f) Within the B-4K Historic Kempsville Area Mixed Use District, signs shall be
28 permitted as follows:
29
30
31
32 (9) For all other uses and structures, the following sign regulations shall
33 apply:
34
35
36
37 d. Sign regulations pertaining to multiple-family dwellings shall be the
38 same as those applying in the Apartment Districts..-, except that
39 multiple-family dwellings may have a maximum of two (2) building
40 mounted signs per development not to exceed twenty (20) square
41 feet in area per sign.
42
43
Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day
of April , 2017.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
`/ I �� '�
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lanning I • .. ent City Attorney's Office
Barry F -Id, Director ...� B. Kay Wilson, Deputy City Attorney
CA13910
R-1
January 19, 2017
2
93
Item—VH-✓.5b
PLANNING ITEM#66963
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY
CONSENT: Ordinance upon application of CITY OF VIRGINIA BEACH to AMEND§ 1110 re home-
based Wildlife Rehabilitation as a Conditional Use in the PD-111 Planned Unit Development District
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, Fourth day of April, Two Thousand
Seventeen.
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, M Benjamin Davenport, Robert M.Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
April 4, 2017
REQUESTED BY COUNCILMEMBER DAVENPORT
1 AN ORDINANCE TO AMEND SECTION 1110
2 OF THE CITY ZONING ORDINANCE
3 PERTAINING TO HOME-BASED WILDLIFE
4 REHABILITATION FACILITIES AS A
5 CONDITIONAL USE IN THE PD-H1
6 PLANNED UNIT DEVELOPMENT DISTRICT
7
8 Section Amended: § 1110 of the City Zoning
9 Ordinance
10
11 WHEREAS, the public necessity, convenience, general welfare and good zoning
12 practice so require;
13
14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
15 BEACH, VIRGINIA:
16
17 That Section 1110 of the City Zoning Ordinance is hereby amended and
18 reordained to read as follows:
19
20 A. — PD-H1 PLANNED UNIT DEVELOPMENT DISTRICT
21
22 Sec. 1110. - Land use regulation.
23
24 (a) The land use plan approved by city council, or as modified, for each planned unit
25 development project shall govern the development, and all land uses shall be in
26 accordance with it.
27
28 (b) Modifications to the land use plan by city council shall be in the manner of a zoning
29 change or by conditional use permit for uses designated in subsection (d).
30
31 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an
32 A-12 Apartment District other than hospitals and sanitariums, together with the
33 following enumerated uses and structures, shall be permitted:
34
35 (1) Fraternity and sorority houses, student dormitories and student centers;
36 (2) Housing for seniors and disabled persons, with a conditional use permit;
37 (3) Marinas;
38 (4) Private clubs or social centers provided that clubs where conduct of commercial
39 affairs is a principal activity shall not be permitted; and
40 (5) Residential care for seniors, provided that no more than two (2) employees
41 including a bona fide resident of the dwelling shall be permitted.
42
43 (d) Within a PD-H1 District, the following uses shall be allowed as conditional uses:
44
45
46 (1) Communication towers;
47 (2) Family day-care homes;
48 (3) Group homes;
49 (4) Kennels, residential;
50 (5) Religious uses; and
51 (6) Wind energy conversion systems, free standing and roof-mounted.: and
52 (fl Home-based wildlife rehabilitation facilities, provided that the principal structure
53 is a single-family dwelling and the lot is greater than 2500 square feet.
54
55
Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day
of April , 2017.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
L\eS._ i i sat / Al .l Y.1.�1 C/�1
• anning ' -• rtment 1,011 City A r ey's Office
CA13922 _
R-2
March 29, 2017
94
Item—VII-.1.5e
PLANNING ITEM#66964
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED
INDEFINITELY, BY CONSENT: Ordinance upon application of CITY OF VIRGINIA BEACH to
AMEND 2016 Comprehensive Plan Policy Document re Seapines Station
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert Al Dyer, Barbara Al
Henley, Vice Mayor Louis K Jones, Shannon DS Kane, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
April 4, 2017
95
ITEM VII-K
APPOINTMENTS ITEM#66965
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
HUMAN RIGHTS COMMISSION
MINORITY BUSINESS COUNCIL
RESORT ADVISORY COMMISSION
TOWING ADVISORY BOARD
April 4, 2017
96
ITEM VII-K
APPOINTMENTS ITEM#66966
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
JOSEPH MILLER
Three year term 07/01/2017—06/30/2020
and
APPOINTED
CAPTAIN JOEY G FRANTZEN
Ex-Officio/No Term
BAYFRONT ADVISORY COMMITTEE
Voting: II-0
Council Members Voting Aye:
Jessica P.Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
April 4, 2017
97
ITEM Vu -K
APPOINTMENTS ITEM#66967
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
ASHLEY HENLEY
(Representing Tidewater Builders Association)
Unexpired term thru 10/31/2018
GREEN RIBBON COMMITTEE
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
April 4, 2017
98
ITEM VII-K
APPOINTMENTS ITEM#66968
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
NICK ANOIA
RICHARD BOWIE
LILLIE GILBERT
Three year term 06/01/2017- 05/31/2020
OPEN SPACE ADVISORY COMMITTEE
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
April 4, 2017
99
ITEM VII-K
APPOINTMENTS ITEM#66969
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
ADDLE WRIGHT THOMASON
Ex-Officio/No Term
WORKFORCE HOUSING ADVISORY BOARD
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
April 4, 2017
100
Item -VII-N
ADJOURNMENT ITEM#66970
Mayor William D. Sessoms,Jr., DECLARED the City Council Meeting ADJOURNED at 6:32 P.M.
Amanda
Chief Deputy City Clerk
th Hodges Fraser, MMC William D. Sessoms,Jr.
City Clerk Mayor
City of Virginia Beach
Virginia
April 4, 2017
101
OPEN DIALOGUE
Amado Laxa, the owner of Laxa Dental Lab and resident of the City for almost thirty (30)years, spoke in
support of Dr. Allan Bergano, DDS. Dr. Bergano has served the public for over thirty(30)years and has
influenced many youth to pursue a career in Dentistry. Mr. Laxa asked the City be reasonable in
considering the recent US. District Court's Order which was favorable to Dr. Bergano.
Leonard Tengco is an Attorney and former member of the Virginia Beach School Board; however, he
spoke tonight as "a proud member of the Filipino-American Community". The Community is proud of
the importance of promoting strong families and communities, as well as the success the Filipino-
American Community has achieved at the professional, civic and political life in the City. Many City
Council Members have attended numerous events, shared in celebrations of the Filipino-American
Community. Recently, however, their faith in the City has been shaken at the lack of fair play in dealing
with the Citizens. Dr. Bergano's dental office was displaced by the widening of Witchduck Road. Dr.
Bergano was forced to relocate his practice and seek fair reimbursement from the City. Unfortunately,
Dr. Bergano was forced to retain an attorney and file suit against the City. The City should have notified
Dr. Bergano of his rights and not treated him as an "adversary individual". The U.S. District Court's
Order was favorable to Dr. Bergano and Mr. Tengco asked the City not incur any additional attorney's
fees by appealing the Order.
Larry Walker, advised he a resident of the City since 1999 when he retired from the United States Marine
Corps and purchased a home in Indian Lakes Plantation. He spoke in support of Dr. Bergano. The
recent trial ended in favor of Dr. Bergano. He asked the City Council to consider the factors that ended
with the Court's Order. Mr. Walker understands the.Judge has not released the "Final Order"; however,
he understands the Judge has decided in favor of Dr. Bergano at least three(3) items.
Virginia Wasserberg, 3881 Old Forge Drive, Phone: 252-339-6214, advised her home was flooded by
Hurricane Matthew and she was displaced for over three (3) months. Her home was fully restored and
she is thrilled to move back into their home; however, there are several of her neighbors still displaced.
Today marks the 6"' month anniversary of the Hurricane. She is now active in her Civic League and has
learned a tremendous amount about Stormwater Drainage. She has created a facebook page: "Stop the
Flooding Now". She wanted the City Council to be aware of the concerns throughout the City. As of
today, the facebook page has 591 "Likes", 658 "Followers"and reached 7,373 users.
Bob Elms, 266 Raintree Road, Phone.' 486-6506, advised flooding is not a new issue and he has been in
discussion with the Stormwater Engineering Department to ensure control offlooding. The City has now
created a Plan to manage the Stormwater Management system and the City should focus on protecting
property. He requested City Council fund the Plan.
ADJOURNED AT 6:47 P.M.
April 4, 2017