SEPTEMBER 5, 2017 MINUTES ,�\HIA B�CH1
(u �„ 5l
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 5, 2017
Mayor William D. Sessoms, Jr., called to order the City Council's Briefing on NAS OCEANA STRIKE
FIGHTER TRANSITION and ANNUAL REPORT—ENVIRONMENTAL ASSESSMENT in the City
Council Conference Room, Tuesday, September 5, 2017, at 2.30 P.M
Council Members Present:
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
MOMENT OF SILENCE FOR HOUSTON AND EVERYONE DEALING WITH THE AFTERMATH OF
HURRICANE HARVEY
2
CITY COUNCIL'S BRIEFING
NAS OCEANA STRIKE FIGHTER TRANSITION and
ANNUAL REPORT-ENVIRONMENTAL ASSESSMENT
ITEM#67339
2:30 P.M.
Mayor Sessoms welcomed Captain Rich J. Meadows, Commanding Officer—Naval Air Station Oceana.
Captain Meadows expressed his appreciation to City Council for their continued support:
Na�gdliatioa i9t`ems _,�
Annual Update to
Virginia Beach City Council
•
1 roe t e� o i $i Q
A1'^ .mob ..4t0410,M .,
I
Here are the Facts&Figures surrounding NAS Oceana:
Facts & Figures
• Command workforce:16,555
military,civilian and contract
personnel
• Approximately 330 aircraft
- 15 Fleet Squadrons
- 1 Fleet Replacement Squadron
- 1 Aggressor Squadron(USNR)
- 1 Fleet Logistics Squadron(USNR)
• 2016:64,142 Tower Operations
• Annual Payroll+Goods&Services=
s $1,115,463,000
September 5, 2017
3
CITY COUNCIL'S BRIEFING
NAS OCEANA STRIKE FIGHTER TRANSITION and
ANNUAL REPORT—ENVIRONMENTAL ASSESSMENT
ITEM#67339
(Continued)
Here are the 2017 Challenges. Fifty-Four(54)families were temporarily relocated:
t -cc�� 2017 Challenges
JP-5 Spill Response :-tom
• 10/11 May: 95K gallon spill
• 54 families/187 citizens µ "-
temporarily relocated
9 i !• . —
Coordinated Action:
— USN
r USCG
— City of Virginia Beach
4r= — VA Environmental Quality
� I — VA Emergency Management +7
others
• Significant Lessons Learned
In May, the Navy and City reached a Memorandum of Understanding for drone operations in NAS
Oceana controlled airspace:
e ..
4 2017 Achievements
Air Traffic Control Coordination
• 24 May:After City/Navy
collaboration,VBPD Certificate of
Authorization issued permitting VBPD -
drone operations in NAS Oceana
controlled airspace
• 13 June:During a police action on
Louisa Avenue,VBPD/Oceana drone r '
procedures were quickly executed as
planned;VBPD drone provided
immediate,real-time overhead
support at incident scene
September 5, 2017
4
CITY COUNCIL'S BRIEFING
NAS OCEANA STRIKE FIGHTER TRANSITION and
ANNUAL REPORT—ENVIRONMENTAL ASSESSMENT
ITEM#67339
(Continued)
The Draft Environmental Assessment was released this past month and, as such, a Public Hearing was
held where eighteen (18)people attended:
2017 Achievements
A
Strike Fighter Transition Environmental Assessment
• Draft Environmental Assessment released August 2017
• Final report and agency decision expected before the
end of 2017
• Highlights:
- Legacy Hornets presently represent the minority of aircraft at
NAS Oceana;the EA evaluates the one-for-one replacement of
these remaining Legacy Hornets with newer Super Hornets
- Base loading will decrease by approximately 40 aircraft when
the action is complete
- No change to type or amount of aircraft operations at NAS
Oceana or NALF Fentress
- Noise contours produced during EA do not necessitate a
change in Joint Land Use Study Planning Map contours used for
planning and zoning
Two Loggerhead sea turtle nests on Dam Neck Beach were detected and cordoned off. Fifty-Six (54)
hatchlings were observed from the nests:
r. . .
c � 2017 Achievements
Loggerhead Turtle Hatchings—Dam Neck Annex
• NAS Oceana Environmental Department detected and
cordoned off two Loggerhead sea turtle nests on Dam
Neck Beach
• 56 hatchlings observed461
1 01
•
September 5, 2017
5
CITY COUNCIL'S BRIEFING
NAS OCEANA STRIKE FIGHTER TRANSITION and
ANNUAL REPORT—ENVIRONMENTAL ASSESSMENT
ITEM#67339
(Continued)
Below are some of the ongoing projects for NAS Oceana:
4f"f Ongoing
• Runway reconstruction and airfield lighting upgrade work
continues
- Follow-on lighting projects scheduled for 2018 and 2019
- All together,an approximately$100M project
• Construction of a 90-acre photo-voltaic solar facility on
board NAS Oceana by Dominion Energy continues
• Close collaboration on AICUZ-related matters
• REPI acquisitions in the Inter-facility Traffic area continue;
expect project completion in FY-18
• Integrated training
Last September, 5,000+ Virginia Beach 5h graders attended the NAS Oceana Air Show and Captain
Meadows happily announced again every 5th grader in the City will attend the 2017 Air Show:
i-�* 2017 Air Show AtAt
fia
• Theme:"Honoring the Homefront"
1N111 mini pm
• September 161h and 17th:Open to the
public
• September 15th:STEM event continues
• U.S.Navy Blue Angels
• Hornet and Super
Hornet tactical —`
demonstration teams + •`•` -: 9.
• Civilian performers :•�, '�c -_;•' '
including the original �'~- • ,"�.;,� .':'
"Bat copter" i,11
.4k
September 5, 2017
6
CITY COUNCIL'S BRIEFING
NAS OCEANA STRIKE FIGHTER TRANSITION and
ANNUAL REPORT—ENVIRONMENTAL ASSESSMENT
ITEM#67339
(Continued)
A French Naval Air Wing detachment will be training for five (5) weeks at NAS Oceana in the Spring of
2018:
•
" f
Looking Ahead
• 2018:NAS Oceana's 75th anniversary
• Spring 2018:Five-week French Naval Air Wing detachment
Dassault Rafale
Questions?
3 _
Jur-
•
yi 41/4.-4,094..
September 5, 2017
7
CITY COUNCIL'S BRIEFING
NAS OCEANA STRIKE FIGHTER TRANSITION and
ANNUAL REPORT—ENVIRONMENTAL ASSESSMENT
ITEM#67339
(Continued)
Below is the update to ongoing projects at Oceana/Dam Neck Annex:
Backup Slide
Y
Oceana / Dam Neck Annex Projects
• Barracks Renovations/NAS Oceana $15M
• Repair Runway/NAS Oceana $30M
• Airfield Lighting Modernization/NAS Oceana $70M
• Hangar Repairs/NAS Oceana $12M
• NEXCOM Headquarters/Virginia Beach Blvd $16M
• Aerial Target Facility/Dam Neck Annex: $10M
• Maritime Surveillance Facility/Dam Neck Annex: $23M
• USMC Reserve Center/Dam Neck Annex: $18M
Mayor Sessoms expressed his appreciation to Captain Meadows and the entire staff at NAS Oceana for
their continued demonstration of cooperation and collaboration.
September 5, 2017
8
CITY MANAGER'S BRIEFINGS
2018 LEGISLATIVE PACKAGE
ITEM#67340
2:48 P.M.
Mayor Sessoms welcomed Robert Matthias, Assistant to the City Manager — Intergovernmental Affairs.
Mr. Matthias expressed his appreciation to City Council for their continued support:
•-s
LEGISLATIVE AGENDA
GENERAL ASSEMBLY
2018 SESSION DRAFT Robert Matthias
September 5,2017
J
Below are the Long Term Policy positions:
LONG TERM POLICY POSITIONS
1. POST LABOR DAY OPENING FOR SCHOOLS
2. MORATORIUM ON URANIUM MINING
3. INCREASED FUNDING FOR MENTAL HEALTHCARE
4. VOTING RIGHTS
111111111111111.11111111111111111111.111111.
September 5, 2017
9
CITY MANAGER'S BRIEFINGS
2018 LEGISLATIVE PACKAGE
ITEM#67340
(Continued)
LONG TERM POLICY POSIT
(continued)
5. SOLUTION TO COASTAL FLOODING, REGIONAL
GREENHOUSE GAS INITIATIVE
6. MENHADEN FISHING REGULATON
7.A GOVERNOR'S CABINET LEVEL STATE
RESILIENCY OFFICER FOR RECURRENT FLOODING
8.ANIMAL CRUELTY
iiiiiiiimio
LONG TERM POLICY POSITIONS
(continued)
9. CERTIFICATE OF PUBLIC NEED
10. EXPANSION OF THE VIRGINIA HUMAN
RIGHTS ACT
September 5, 2017
10
CITY MANAGER'S BRIEFINGS
2018 LEGISLATIVE PACKAGE
ITEM#67340
(Continued)
The City has three(3)New Policy/Code Initiatives:
NEW INITIATIVES
11.EASTERN VIRGINIA GROUNDWATER MANAGEMENT AREA
12.FLOOR ON REGIONAL GAS TAX FOR THE HAMPTON ROADS
TRASNPORTATION ACCOUNTABILITY COMMISSION
13.PROVISION OF BROADBAND AND NEXT GENERATION WIRELESS
COMMUNICATIONS INFRASTRUCTURE
ssoms,Jr.&Benjamin Davenport
Below is the Adoption Schedule:
Adoption Schedule
• Friday,September 1"-First Draft of Legislative Agenda to be
provided to Council in your Friday Package
• Tuesday,September 51h-Briefing to City Council
• Tuesday,September 19'h—Public Hearing on Legislative
Agenda
• Tuesday,October 3'd—Final adoption by Council
• Wednesday,January 10'h—2018 Session begins
• Saturday,March 10th—2018 Session ends
September 5, 2017
11
CITY MANAGER'S BRIEFINGS
2018 LEGISLATIVE PACKAGE
ITEM#67340
(Continued)
RH 7
Mayor Sessoms expressed his appreciation to Mr. Matthias for his work.
September 5, 2017
12
CITY MANAGER'S BRIEFINGS
PRINCESS ANNE PLAZA, WINDSOR WOODS and
THE LAKES DRAINAGE AREA
ITEM#67341
3:03 P.M.
Mayor Sessoms welcomed John Fowler, P.E., City Engineer—Public Works. Mr. Fowler expressed his
appreciation to City Council for their continued support:
�7 Virginia Beach
A .: Update on:
Princess Anne
° " .1" Plaza, Windsor r .' '�•
Woods & The Lakes I
City Council Presentation-September 5,2017
City Engineers Office
StormwaterEngineeringCenter-Toni Alger,P.E
Here is the Introduction for today's presentation. The Lakes and Ponds in these areas were full from
prior coastal storms and then Hurricane Matthew brought 13 + inches of rain. Mr. Fowler advised
Tonia Alger, P.E. — Public Works, currently leads the City's Stormwater Engineering Center and Fred
Muncy, P.E. —Michael Baker International, will be presenting today's Briefing:
INTRODUCTION
• Rainfall from Hurricane Matthew(October 2016)
resulted in extreme flooding
• Records indicate approximately 675 residences were
affected
• Many streets were impassable
• Council provided over$42M in the CIP for flood control
improvements
• The City has selected the firm of Michael Baker
International,teamed with CDM Smith,to develop and
design the program of needed flood control measures
September 5, 2017
13
CITY MANAGER'S BRIEFINGS
PRINCESS ANNE PLAZA, WINDSOR WOODS and
THE LAKES DRAINAGE AREA
ITEM#67341
(Continued)
Ms. Alger advised below is the Background regarding the specific areas of the City. One particular point
of interest is the infrastructure in these areas is approximately fifty(50)years old:
BACKGROUND
• Elevations in the area are low
• Sea Level Rise
o Receiving waters are one foot+1-higher today
o Expected to be 1.5 feet higher(or more)in 50 years
• Frequency and severity of the storms are increasing
• Infrastructure is 50 years old+1-
o Princess Anne Plaza: 1961
o The Lakes(East of Plaza Park): 1964
o Windsor Woods: 1966
o The Lakes(West of Plaza Park): 1976
This slide depicts the 1949 Aerial of the specific area and shows the homes that were devastated by
Hurricane Matthew:
1949 AERIAL
1
�fY" W'.nJa.�r
r 1 14
''�j 1 A t t
Princess 4~ _
Mne
1 .IA "' PWS Z r.ii
4442111
may, -
{
firL tome
'; N ,„
September 5, 2017
14
CITY MANAGER'S BRIEFINGS
PRINCESS ANNE PLAZA, WINDSOR WOODS and
THE LAKES DRAINAGE AREA
ITEM#67341
(Continued)
This slide depicts the Tidal Impacts of 10 feet:
,u._w.. to wh.,
°"
TIDAL IMPACTS '"nu-- "-Des
•
,
F�.r7;1 Cu 1�
IOW (441-41;,
,
This slide depicts the Sea Level Rise Trends for Sewells Point, Chesapeake Bay Bridge Tunnel and Duck,
North Carolina:
SEA LEVEL RISE TRENDS
Point
50-year Trend ,.,....
s Bowes Point 9
-I'— Bay BChesapeake Bay Bridge Tunnel 11.5
I I TWMddg.
Duck 8 9
_I1_ =-- •
Duck,NC
September 5, 2017
15
CITY MANAGER'S BRIEFINGS
PRINCESS ANNE PLAZA, WINDSOR WOODS and
THE LAKES DRAINAGE AREA
ITEM#67341
(Continued)
This slide depicts the rainfall since 1950. As the graph shows, rain events exceeding a twenty-four (24)
hour period continues to increase:
FUTURE RAINFALL
,p
Days aic«agzfar.aywm lrwafok
,30
120
too 0,0,1110~1.m maefus+rw ,
wacw.".s,.0
go
:.._..._....
30
,0
--_'
Iou g R pix r 8 g R R g l
l S--7—
Here
-Here is one example of the catastrophic flooding that occurred with Hurricane Matthew:
THEN CATASTROPHIC FLOODING OCCURRED...,
- E
x
•
•
:_
September 5, 2017
16
CITY MANAGER'S BRIEFINGS
PRINCESS ANNE PLAZA, WINDSOR WOODS and
THE LAKES DRAINAGE AREA
ITEM#67341
(Continued)
The Peak Water Elevation was 5.3 feet for both Thalia Creek and London Bridge Creek while West Neck
• Creek's Peak Water Elevation was 7.0 feet:
HURRICANE MATTHEW
l o.Mon Bridge Creek— Peak Water Elev.6.3R
'i, J \\_ r PMS ReIrAa1113.01nciree
PeakWeter Elev 6&A �� c I111D)��i��� -SW,
-__ '.
Peek RaNVe1113.01rictre ` i _�'i��I�` J�'-�
■ _.„,
` Y
t.
Alt�n�roer ,� , I� j �C�"' /,t
'nrue. ( t�.. it.`. F��
F � v
Below is an Overview of how City Council responded:
CITY COUNCIL RESPONDED
• $42M in the 6-yr CIP and another$86M to be funded beyond that
o Princess Anne Plaza-$20M
o Windsor Woods-$17M
o The Lakes-$2M
• The projects are moving forward
o May 9,2017-Budget Approved
o May 10,2017-RFP for NE Services Posted
o June 22,2017-SOIQs received
o July 1,2017-FY18 Budget in Effect
o July 20,2017-Michael Baker International teamed with CDM Smith
selected
September 5, 2017
17
CITY MANAGER'S BRIEFINGS
PRINCESS ANNE PLAZA, WINDSOR WOODS and
THE LAKES DRAINAGE AREA
ITEM#67341
(Continued)
Here are the projects that have already been completed since 1990:
MUCH HAS ALREADY BEEN DONE
RosemcotRood/ Stormwater
I Cana Number 2 I;
Windsor Woods Inhastruturc
Drainage lhoppmp5enb Renadl30toZ..%
...mss Bow CF.*^
'.Pac Center
Ston,Drainage
Imprevenanti
7 � 4 •._..F'liricess Anne
> Place Drainage
fir r.
Here is specific information regarding Canal Number 2 Improvements Project:
COMPLETED PROJECTS
Canal Number 2
lig Improvements
• Cost Participated with Army
• Corp of Engineers
• Improvements from London
Bridge Creek to West Neck
Creek
• Diverted Stormwater Runoff
from London Bridge Creek
• Completed in 1990
• Total Project Cost-$55M
September 5, 2017
18
CITY MANAGER'S BRIEFINGS
PRINCESS ANNE PLAZA, WINDSOR WOODS and
THE LAKES DRAINAGE AREA
ITEM#67341
(Continued)
Here is specific information regarding Rosemont Road— Windsor Woods Drainage Project:
COMPLETED PROJECTS
Rosemont Road-
+4,� 4a Windsor Woods Drainage
. 4k 3;.�
,17; +, * . F ' • Improvements were between
• Bow Creek Boulevard and
r'...
King's Point Road
- • • Constructed Stormwater
Detention Basins
'!r • Completed in 1996
• Total Project Cost-$1.2M
Here is specific information regarding Princess Anne Plaza Drainage Phase 2 Project:
COMPLETED PROJECTS
Princess Anne Plaza
Drainage Phase 2
• Improvements within Bow
Creek Golf Course
• Culvert Replacement at Bow
f , - Creek Boulevard and
Clubhouse Road
et • Completed in 1998
• Total Project Cost-$5.9M
September 5, 2017
19
CITY MANAGER'S BRIEFINGS
PRINCESS ANNE PLAZA, WINDSOR WOODS and
THE LAKES DRAINAGE AREA
ITEM#67341
(Continued)
Here is specific information regarding the Stormwater Infrastructure Rehabilitation Project:
COMPLETED PROJECTS
Stormwater Infrastructure
Rehabilitation• • Princess Anne Plaza
Neighborhood
I • Provided Inspection,Design,
Evaluation and Rehabilitation
- of Stormwater Infrastructure
• Slip-Lining Pipes
a Rb - • Pipe Replacement
"� `— • Completed in 2008
• Total Project Cost-$5M
Here is specific information regarding Bow Creek Rec Center Storm Drainage Improvements Project:
COMPLETED PROJECTS
Bow Creek Rec Center
Storm Drainage
- ` Improvements
• Provided Storm Drain
a Improvements for Club House
Road
• Completed in 2015
• Total Project Cost-$600K
September 5, 2017
20
CITY MANAGER'S BRIEFINGS
PRINCESS ANNE PLAZA, WINDSOR WOODS and
THE LAKES DRAINAGE AREA
ITEM#67341
(Continued)
Here are the projects currently in progress:
MUCH IS BEING DONE
mndeorwoeds6snsl
Windsor 0 West I �11� ;�..�
,t' "".d,o Oaks W..Ai .1 4.2).R '(;
1-?/".\-1 ....—
j
Here is specific information regarding Northgate Ditch, CIP 7-028.001 Project:
ACTIVE PROJECTS
. Northgate Ditch.
it` • CIP 7-028.001
I� ii • Dredge 6,000-ft canal to
restore original drainage
,..- t ` capacity
•M
9 . • Approximately 3,000 cubic
44,010,, yards of dredge material
• Notice to Proceed-
May 2017
• Construction Complete-
January 2018
• Total Project Cost-$2M
September 5, 2017
21
CITY MANAGER'S BRIEFINGS
PRINCESS ANNE PLAZA, WINDSOR WOODS and
THE LAKES DRAINAGE AREA
ITEM#67341
(Continued)
Here is specific information regarding Windsor Woods Canal, CIP 7-028.002 Project:
ACTIVE PROJECTS
. _ Windsor Woods Canal,
• - ^, CIP 7-028.002
•
� Dredge 4,100-ft canal to
` - , .� to .a•2: restore original drainage
, e a,a Y ,� capacity
`f :! • Approximately 10,900 cubic
f i '.• r TA yards of dredge material
,,i 1h • Notice to Proceed-
I r r,. June 2017
}A 11 :
. 1 I • Construction Complete-
June 2018
• Total Project Cost-$2M
Here is specific information regarding Windsor Oaks West 1, CIP 7-415.039 Project:
ACTIVE PROJECTS
• , • Windsor Oaks West I.
' . -,,,C" CIP 7-415.039
4..' %. • Dredge 1,510-ft canal to
i 'r' , • .";‘,1;,. restore original drainage
i • •
capacity
t r ' - II f • Approximately 4,200 cubic
yards of dredge material
-„,a �I • Notice to Proceed-
_ June 2017
• Construction Complete-
October 2017
' • Total Project Cost-$750K
September 5, 2017
22
CITY MANAGER'S BRIEFINGS
PRINCESS ANNE PLAZA, WINDSOR WOODS and
THE LAKES DRAINAGE AREA
ITEM#67341
(Continued)
Here is specific information regarding Windsor Oaks West II, CIP 7-415.039 Project
ACTIVE PROJECTS
Windsor Oaks West II,
CIP 7-415.039
• • Dredge 2,760-ft canal to
restore original drainage
capacity
• Approximately 7,000 cubic
yards of dredge material
• Notice to Proceed-
July 2017
- • Construction Complete-
January 2018
• Estimated Total Project Cost-
S800K
Here is specific information regarding Windsor Oaks West III, CIP 7-415.039 Project:
ACTIVE PROJECTS
Windsor Oaks West III,
•
CIP 7-415.039
• Dredge 2,150-ft canal to
restore original drainage
capacity
' • Approximately 5,000 cubic
yards of dredge material
• Begin Construction-
October 2017
• Construction Complete-
June 2018
• Estimated Total Project Cost-
$600K
September 5, 2017
23
CITY MANAGER'S BRIEFINGS
PRINCESS ANNE PLAZA, WINDSOR WOODS and
THE LAKES DRAINAGE AREA
ITEM#67341
(Continued)
MOVING FORWARD
• Complete the 5 Current Active Projects
o Northgate Ditch:January 2018
o Windsor Woods Canal:June 2018
o Windsor Oaks West I Canal:October 2017
o Windsor Oaks West II Canal:January 2018
o Windsor Oaks West III Canal:June 2018
• Keep the System Maintained-Ongoing
• Identify&Implement Upfront Improvements
c Major Portable Pumps to Draw Down Lake Windsor
o Selected Detention System Upgrades
o Selected Collection System Upgrades
MOVING FORWARD
• Detailed Engineering Analyses to Develop the
Specific Program of Flood Control Measures
o Project Areas Combined for Initial Analysis
o Identify Needed Improvements
o Identify Costs of the Improvements
o Identify the Implementation Plan of the Improvements
Including a Phasing Plan
o Identify the Environmental Permitting Required
• Design, Permit and Construct the Identified
Improvements
24
September 5, 2017
24
CITY MANAGER'S BRIEFINGS
PRINCESS ANNE PLAZA, WINDSOR WOODS and
THE LAKES DRAINAGE AREA
ITEM#67341
(Continued)
Ms. Alger introduced Fred Muncy,Michael Baker International. Mr.Muncy advised he has lived in the
City over 35 years:
1:—.11111113 •
div seas,
Princess Anne Plaza,
Windsor Woods and The Lakes
Combined Drainage Improvements
Fredrick Muncy, P.E.
Clarence Warnstaff
rrirrrin
Here are a few of the challenges regarding Stormwater and Drainage Improvements:
rTogether Our Team Will Meet the
Challenges Ahead
Elevations and Sea Level Rise •
imal Capacity of Stormwaterveyance Systems
�h Tides Reducing Lakes Storage .`nse Storm Events Resulting In More . pquent Flooding&perty Damage `
•T r' - -'--
September 5, 2017
25
CITY MANAGER'S BRIEFINGS
PRINCESS ANNE PLAZA, WINDSOR WOODS and
THE LAKES DRAINAGE AREA
ITEM#67341
(Continued)
It is imperative to Understand the Complexities Associated with Flood Resiliency:
We Understand the Complexities
Associated with Flood Resiliency
• Mega Size Stormwater Pump Stations
• Coastal Barriers and Tide Gates •
11111114—• Regulatory Permitting
• Neighborhood Infrastructure ,,. it-r-•`I
• Stakeholder Awareness and Advocac � `�
• Public Outreach '}r-ii ��•
jviL jiii
4!!P
Here are Key Program Objectives:
Key Program Objectives ,.
• Early Implementation Projects-Sense of Urgency
- O&M Type Projects
- Infrastructure -
- 'Outside of Box"Idea Reviews ,-'
• Keep City Council Informed 1 i 1 .• iv
.
• Public Education/Awareness 1!mil -,�
• Long Term Solutions
- Prioritized CIP,Design&Construction
- Practical,Functional,Permittable. .4 t
Approvable Projects , 4
-Cost Effective Solutions
September 5, 2017
26
CITY MANAGER'S BRIEFINGS
PRINCESS ANNE PLAZA, WINDSOR WOODS and
THE LAKES DRAINAGE AREA
ITEM#67341
(Continued)
Here are a few of the projects the "Team"has worked on for the City:
JOur Team Knows How to
Successfully Deliver High Profile
Programs For the City
• Lake Gaston Water Supply •
• Comprehensive Stormwater Model _ r .
• Citywide Emergency Operations Planning,
Response and Recovery yosii _G
• Comprehensive Sanitary Sewer Evaluation and
Rehabilitation ,
• GIS Conversion and Integration for �11
Water and Sewer Assets 1•�
Michael Baker International is committed to providing all necessary resources:
rWe are Committed to Providing
All Necessary Resources
ely Qualified Team
am Liaison with City Leadership
cal Staff NEW n j
n Team Depth
mp Stations-2 Teams _
mers-2Teams !fir`- �n�'r` `rastructure-6Teams n 47 •^gSWaMSupport �',��" � ��•' �����'"� � ��'
low n"n '" ' ^,n"n-4 ' 1-n"n•' n••n- •, n 'n
September 5, 2017
27
CITY MANAGER'S BRIEFINGS
PRINCESS ANNE PLAZA, WINDSOR WOODS and
THE LAKES DRAINAGE AREA
ITEM#67341
(Continued)
DISCUSSION 4
I
14!114 01 i'd►'4i.1
Mayor Sessoms expressed his appreciation to Mr. Fowler, Ms. Alger, Mr. Muncy and the entire Team
that is working on this very important project.
September 5, 2017
28
CITY MANAGER'S BRIEFINGS
SOUTHEASTERN PUBLIC SERVICES
AUTHORITY(SPSA)
ITEM#67342
3:50 P.M.
Mayor Sessoms welcomed Phillip A. Davenport, Director—Public Works. Mr. Davenport expressed his
appreciation to City Council for their continued support:
0 SPSA Update
to
Virginia Beach City Council
September 5, 2017
Phillip A. Davenport
Public Works Director
Here is the Background regarding SPSA:
Background
• SPSA 1.0 (Current Contract)
— Ends January 24, 2018
—Tip fee$125/ton
—All debt to be paid off
• SPSA 2.0 (Post 2018 Contract)
—Agreement signed May 24, 2016
— Expires June 30, 2027
— Expected tip fee$65/ton or less
September 5, 2017
29
CITY MANAGER'S BRIEFINGS
SOUTHEASTERN PUBLIC SERVICES
AUTHORITY(SPSA)
ITEM#67342
(Continued)
Here is the SPSA 2.0— Virginia Beach Conditions for Participation:
SPSA 2.0 - Virginia Beach
Conditions for Participation
• Long-term solution
—Regional Landfill has 50 year capacity(municipal waste only)
• Resolve Issues with Regional Landfill Cell 7
—Cell 7 CUP Approved August 16,2017
• Good Neighbor Agreement with Suffolk
—Signed May 23,2016
—Includes a$4/ton host fee
• Commercial waste
—SPSA Transfer Stations will be available for use by private
haulers
—Wheelabrator awarded transfer and disposal contract
—Tip fees being finalized
Here is the Regional Disposal Request for Proposal(RFP):
Regional Disposal RFP
• RePower South $56.52
• Republic Services $72.72
• Wheelabrator $78.72
• SPSA Regional Landfill $57.37
• Bids received January, 15 2015
• Prices reflect bid price plus SPSA cost
• RePower South selected as lowest cost
September 5, 2017
30
CITY MANAGER'S BRIEFINGS
SOUTHEASTERN PUBLIC SERVICES
AUTHORITY(SPSA)
ITEM#67342
(Continued)
Regional Disposal RFP
• RePower South LLC
—Contract signed May 25,2016
—Deliverables due January 25,2017
» All required permits
» Off Take Agreement(fuel pellets)
» Financing
—RePower unable to provide deliverables
—Notice of Termination issued August 23,2017
• Next option
—SPSA's Regional Landfill
—SPSA remains open to alternative disposal
At the expiration of the Ash and Residue Agreement on December 31, 2015, the Rate Cap was$65.35 per
ton:
Budget Impact
FY 18
• Budgeted$13,513,500 for 138,000 tons MSW
• 7 months @$125/ton
• 5 months @$65/ton
• If tip fee$59/ton,potential cost savings of$345,000
FY 19
• 138,000 tons
• At$65/ton=$8,970,000
• At$59/ton,=$8,142,000
• Potential cost savings of$828,000
September 5, 2017
31
CITY MANAGER'S BRIEFINGS
SOUTHEASTERN PUBLIC SERVICES
AUTHORITY(SPSA)
ITEM#67342
(Continued)
Here are a few examples for Potential Use of Funds:
Potential Use of Funds
• Equipment capitalization
• Landfill funding
• Reserve fund
• Cart replacement
• Recruitment
Questions .
Mayor Sessoms expressed his appreciation to Mr. Davenport for his years of hard work and dedication to
the City and wished him well on his upcoming retirement.
September 5, 2017
32
CITY MANAGER'S BRIEFINGS
CAVALIER SHORES RESIDENTIAL
PARKING PERMIT PROGRAM
ITEM#67343
4:22 P.M.
Mayor Sessoms welcomed Rob Fries, CAPP, Parking Manager — Resort Management. Mr. Fries
expressed his appreciation to City Council for their continued support:
y Yi
Virginia Beach
Cavalier Shores
Residential Permit Parking Program
Agenda Item I, la
City Council Briefing
September 5,2017
Here is the Program Background for the Residential Permit Parking Program (RPPP):
Program Background
• Program began in 1992 at the request p-
of the resort area neighborhoods
experiencing traffic and noise during
the late evening/early morning hours THIS BLOCK
• The RPPP is currently located between 8 PM TO 6 AM
EXCEPT BY PERMIT
30th Street and Rudee Loop TOWING ENFORCED
TOW 11.4, 1 1-
• Parking is not permitted in these areas „LaNTPNREMGREsrMEnoes
from 8:00 pm to 6:00 am without a PERM PAINING ONLY
ENFORCED 24 NRS/DAT
parking permit AK,2NWN �1FW{M
• Enforced by Republic Parking under R, N N'MI
contract with the City and the VB Police
Department
September 5, 2017
33
CITY MANAGER'S BRIEFINGS
CAVALIER SHORES RESIDENTIAL
PARKING PERMIT PROGRAM
ITEM#67343
(Continued)
This map depicts the Existing RPPP Location:
Existing RPPP Location
, oisiitli .
0001111, 1V\.
soigils,131310 A # 113.115
"I, r
,„,,,t.,,..,„,.....,„, , , ..tv .
0 ,.:,,, 00 ,,A ..,,,, ‘..\
, t., . .\_. _ .‘. .„.„.. .
, ,,t..,.. .... ,v.,.., Atit.
,, _ ,., _ . ,
, . ..., ..... ___ ...._ ,• . ...
....,. . 1,,, iik 1 , i 11
° `a•
.110 r • M —.
Here is the RPPP Purpose:
RPPP Purpose
• To reduce nighttime traffic congestion and hazardous
traffic conditions on public streets within residential
neighborhoods
• To protect residential neighborhoods from
unreasonable noise and disturbance during
nighttime hours
• To protect residents from unreasonable burdens in
gaining access to their residences
• To protect and preserve peace, good order,
convenience and character of residential
neighborhoods
September 5, 2017
34
CITY MA NA GER'S BRIEFINGS
CAVALIER SHORES RESIDENTIAL
PARKING PERMIT PROGRAM
ITEM#67343
(Continued)
Here are the RPPP Objectives:
RPPP Objectives
• Maintain contiguous boundaries
• Maintain program continuity
• Establish resident consensus
Here is the RPPP Policy:
RPPP Policy
• Potential neighborhood must be within %2 mile of a
parking meter
• Petition must be signed by 75%of parcel owners
residing in the neighborhood
• Petition must include language summarizing the
program's parking restrictions
• Proposed neighborhood's streets must be
contiguous
September 5, 2017
35
CITY MANAGER'S BRIEFINGS
CAVALIER SHORES RESIDENTIAL
PARKING PERMIT PROGRAM
ITEM#67343
(Continued)
This provids an overview of the RPPP Permits:
RPPP Permits
Residential
• One resident decal per vehicle, max of four
• First two free,second two$5.00 each
• $2.00 replacement fee if lost
• Two annual guest permits per residence
• Maximum of ten temporary guest permit passes per
week—each pass has 72 hour life cycle
Business
• $10/month for employees working after 8 pm
• Must be an employee of a pre-authorized business
In 2014, the fee was raised to $70 per violation and, as a result, the average of violations decreased by
31%:
RPP Violations
5.000 - - -- -- -- -
2000
1.000
Iii
_
2005 2006 2001 2000 2001 2010 2011 2012 2013 2014 2015 1016
Red Columns=$35 Fee Blue Columns=$70 Fee
September 5, 2017
36
CITY MANAGER'S BRIEFINGS
CAVALIER SHORES RESIDENTIAL
PARKING PERMIT PROGRAM
ITEM#67343
(Continued)
Mr. Fries introduced Ronald H. Williams,Jr., Deputy City Manager. Mr. Williams advised he has been
working with Cavalier Shores Neighborhood in the RPPP process:
Cavalier Shores Neighborhood
A
•
• ' t _ 1
q ,, ;
123 properties between Holly Road to the west,Atlantic Ocean to the
east,Cavalier Drive to the south and 45th Street to the north
The Cavalier Shores RPPP Request has ninety-seven (97)signatures on the Petition for the program.
This RPPP Request is different from the others as the residents request the hours to operate from 5:00
P.M. to 6:00 A.M. and no employee parking shall be allowed:
Cavalier Shores RPPP Request
• The Cavalier Shores neighborhood submitted a
request for admission to the RPPP
• Concerned over parking that may be generated
from Cavalier Hotel patrons
• They provided 97 signed petitions,exceeding the
required 75%of property owners
• Petition includes a request for RPPP hours to
operate from 5:00 pm to 6:00 am and no
employee parking
September 5, 2017
37
CITY MANAGER'S BRIEFINGS
CAVALIER SHORES RESIDENTIAL
PARKING PERMIT PROGRAM
ITEM#67343
(Continued)
Below are the Administration Concerns regarding the two modifications:
Administration Concerns
• Disrupts consistency of program
• Sets precedent for other beach neighborhoods
• Potential restrictions to public beach access
• Potential impact if the existing RPPP area conformed
to Cavalier Shores proposed restrictions:
— Public will have to vacate beach at 5pm
—Business employees will have to find other places
to park; Municipal locations not close to all
businesses (walking distance)
Council Discussion
Mayor Sessoms expressed his appreciation to Mr. Fries and Deputy City Manager Williams for their
work on this project.
September 5, 2017
38
CITY COUNCIL
LIAISON REPORTS
ITEM#67344
4:32 P.M.
There were no City Council Liaison Reports:
September 5, 2017
39
CITY COUNCIL
COMMENTS
ITEM#67345
4:33 P.M.
Council Lady Wilson suggested, in light of the recent flooding in Houston, Texas. the City consider
allowing pets into shelters or, at the very least, opening up the local animal shelters for pets displaced in
emergency situations or disasters.
Councilman Wood advised the City has "pet-friendly"shelters in the City.
Mayor Sessoms asked the City Manager to provide an update to City Council in the coming weeks.
September 5, 2017
40
CITY COUNCIL
COMMENTS
ITEM#67346
Councilman Moss requested feedback from the Development Authority on the new Conflict of Interests
procedures put into place to avoid another embarrassing situation.
Council Lady Wilson advised the Development Authority has not met this month.
Mayor Sessoms asked the City Manager to provide an update to City Council in the coming weeks.
September 5, 2017
41
CITY COUNCIL
COMMENTS
ITEM#67347
Councilman Mass advised he followed up on last week's discussion of the Unfunded Liability and was
shocked to discover the amount increased significantly last year despite the "catch-up payments". He
requested staff provide the information from 2000 to 2017, specifically, the amount of outstanding
liability each year and the amount of the "catch-up payment".
September 5, 2017
42
CITY COUNCIL
COMMENTS
ITEM#67348
Councilman Moss reviewed the HRSD Initiative regarding putting the groundwater back in, which he
believes is a good program. However, Staff commented this expenditure would not impact the City as
HRSD would collect the fee but the City and HRSD share the same citizenry. It is important to
understand the total liability on citizens and not the City.
September 5, 2017
43
CITY COUNCIL
COMMENTS
ITEM#67349
Councilman Moss advised there was a recent article in the Wall Street Journal about a sign in the
improvement of the economy is a significant reduction of SNAP Benefits and he would like to know if the
City is seeing that same trend.
Councilman Moss also requested the Five-Year Forecast reflect the number of students on free or
reduced lunches.
September 5, 2017
44
CITY COUNCIL
COMMENTS
ITEM#67350
Councilman Moss saw where several communities, including New York City, are taking an assessment on
the impacts of a 'light rain event" and he feels this is something the Hampton Roads Region should be
looking at, as well. One thing that got his attention is that even now the Sewer Pump Stations are being
built, does it make sense to have the infrastructure waterproof so ifflooding takes place the water is not
being contaminated.
September 5, 2017
45
CITY COUNCIL
COMMENTS
ITEM#67351
Councilman Davenport advised the City hosted Dr. Mark Hoyt from North Carolina State University and
the Architect for the North Carolina Next Generation Network. This is a public/private partnership
between Duke University, North Carolina State, University of North Carolina. Wake Forest, the
corresponding municipalities and a private internet provider. The Program/Consortium has been wildly
successful in attracting three (3) new internet service providers in the past two (2)years and he believes
that working regionally can create something very similar here in the Region. All seventeen (17)
municipalities attended the meeting. He expressed his appreciation to the City Manager.
September 5, 2017
46
CITY COUNCIL
COMMENTS
ITEM#67351
Councilman Dyer advised he was having lunch off of Cleveland Street and saw a huge pothole in front of
the restaurant. A picture of the pothole was sent, using the City's "app", and it was fixed the next day.
September 5, 2017
47
CITY COUNCIL
COMMENTS
ITEM#67353
Mayor Sessoms thanked everyone that participated in the Rock 'n' Roll Marathon. Mayor Sessoms
specifically thanked the City as well as Sentara Staff and all of the Volunteers for their dedication to this
event.
September 5, 2017
48
CITY COUNCIL
AGENDA REVIEW SESSION
ITEM#67354
4:41P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
I. ORDINANCES/RESOLUTIONS
1. Ordinances to AMEND the City Code Sections:
a. 21-353 and 21-354 re Cavalier Shores Neighborhood pertaining to
Residential Permit Parking
b. 28-28, 28-29 and 28-30 re Sewer and Sewage Disposal pertaining to the
payment due date for Sewage Disposal and
37-53 and 37-55 re Water Supply pertaining to the payment due date
water usage
2. Resolution to AUTHORIZE a contract between the Virginia Beach Community Services
Board and the Commonwealth of Virginia
3. Resolution to SUPPORT the Adopt-a-Drain Program to maintain management of
stormwaler
4. Ordinances to GRANT a Nonexclusive Franchise to install, maintain and operate
Telecommunications facilities in the public streets and rights-of way to:
a. Cellco Partnership d/b/a Verizon Wireless
b. Intellifiber Newiworks,LLC
5. Resolution to APPOINT Joseph M. Kurt as Assistant City Attorney effective September
14, 2017.
6. Ordinance to AUTHORIZE an application of 5073 Virginia Beach Boulevard, LLC for
the closure of a portion of Euclid Road to increase the display area and perimeter
landscaping for vehicles DISTRICT 4—BAYSIDE
7. Ordinances to AUTHORIZE temporary encroachments into portions of City property:
a. Bass Inlet-East for Joy M. Gianvittorio and Richard G. McClelland re a
pier at 2812 Bluebill Drive DISTRICT— 7 PRINCESS ANNE
b. Black Duck Inlet for Marshall H. Groom, Jr. re a marginal wharf at 305
Back Bay Crescent DISTRICT— 7 PRINCESS ANNE
c. Lake Holly by Lake Holly East, a Condominium, on behalf of Unit and
Owners'Association re a bulkhead and pier DISTRICT-6 BEACH
d. Lake Holly for Lewis Schein and Sandra Harvey re (gloating pier at 312
Arctic Crescent DISTRICT—6 BEACH
e. Lake Rudee JraCarter M. Turpin, Jr., and Casbar Holdings, LLC re
maintain existing facilities and constructing wood piles and a floating deck
with a boat lift at 227 Mediterranean and 600 Goldsboro Avenues
DISTRICT—6 BEACH
September 5, 2017
49
CITY COUNCIL
AGENDA REVIEW SESSION
ITEM#67354
(Continued)
8. Ordinance to ESTABLISH a new Capital Improvement Project; and, APPROPRIATE
and TRANSFER funds:
a. Traffic Safety Improvement IV $334,527(appropriate)
b. Cape Henry Lighthouse Restoration II $362,800(appropriate)
c. Fox Fire Trail Pedestrian Bridge $775,235 (appropriate)
d. City Bikeways and Trails Plan Implementation $348,295 (transfer to Fox Fire
Trail)
9. Ordinances to ACCEPT and APPROPRIATE::
a. $ 28,584 to the Fire Department for Hazmat Team equipment
b. $ 50,000 to the Fire Department for Tactical Rescue Team equipment
c. $202,868 from the Virginia Department of Behavioral Health and
Developmental Services to the Department of Human Services to expand in
their permanent Supportive Housing Program
d. $ 12,852 from Virginia Department of Health Training Grant to
Emergency Medical Services(EMS)
e. $3,485,396 CARRY FORWARD from FY 2016-17 to FY 2017-18 in
various Departments for previously approved operations
f $ 49,637 of the Francis Land House Trust Fund to the Department of
Aquarium and Museums and AUTHORIZE a DONATION of$49,637 to
the Friends of Historic Houses of Virginia Beach.
ITEM Oa WILL BE CONSIDERED SEPARATELY
REVISED VERSION OF ITEM#219 WILL BE CONSIDERED
MAYOR SESSOMS WILL ABSTAIN ON ITEM#6
MAYOR SESSOMS WILL ABSTAIN ON ITEM#7b
MAYOR SESSOMS WILL ABSTAIN ON ITEM#7e
COUNCIL LADY ABBOTT and COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#9e
September 5, 2017
50
CITY COUNCIL
AGENDA REVIEW SESSION
ITEM#67354
(Continued)
J. PLANNING
1. CLARENCE E. and DORIS VBRYAN and CINDY FELDMANfor a Variance to
Section 4.4 (b) of the Subdivision Regulations re lot width at 3388 Eagle Nest Point
DISTRICT 5—LYNNHAVEN
2. OCEAN BAY HOMES, INC and PATRICIA A. MARTINO, TRUSTEE OF THE
PATRICIA A. MARTINO LIVING TRUST for a Variance to Section 4.4 (b)of the
Subdivision Regulations re non-conforming single family dwellings at 2422 Baltic
Avenue DISTRICT 6—BEACH
3. 5073 VIRGINIA BEACH BLVD for Modification of Conditions re a sign for Motor
Vehicle Sales at 5073 Virginia Beach Boulevard (approved on December Z 2008)
DISTRICT 4—BAY SIDE
4. NEW MILLENNIUM SENIOR LIVING COMMUNITIES, LLC, et at for
Modification of Conditions re expansion of Housing for Seniors and Disabled
Persons at 4225 and 4141 Shore Drive (approved on July 9, 1996)DISTRICT 4—
BAYSIDE
5. OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM
ASSOCIATION, INC. for a Modification of Conditions re vehicle length for a
Recreational Resort Community at 3665 South Sandpiper Road (approved on
August 14, 2015)DISTRICT 7—PRINCESS ANNE
6. FREEDOM PROPERTIES VB, LLC for a Conditional Change of Zoning from R-
15 Residential to Conditional 0-2 Office at the Northern side of Wolfsnare Road
and First Colonial Road (Denied 1981,1983 and 1991) DISTRICT 5 —
LYNNHAVEN
7. MERNA HOLDINGS, LLC and ALLEN D. and PATRICIA A. YOUNG for a
Conditional Change ofZoningfrom R-7.5 Residential to Conditional 0-1 Office at
656 Alberthas Drive DISTRICT S—LYNNHAVEN
8, FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC
and VIRGINIA WESLEYAN COLLEGE for a Conditional Change of Zoning from
R-15 Residential to Conditional A-24 Apartment at 5900 Wesleyan Drive
DISTRICT 4—BAYSIDE
9. SACRED DAGGERS, LLC and GIBSON ENTERPRISES, LLC for a Conditional
Use Permit re a Tattoo Parlor at 3972 Holland Road DISTRICT 3—ROSE HALL
MAYOR SESSOMS WILL ABSTAIN ON ITEM#2
MAYOR SESSOMS WILL ABSTAIN ON ITEM#3
ITEM#4 WILL BE CONSIDERED SEPARATELY
MAYOR SESSOMS WILL ABSTAIN ON ITEM#6
ITEM#8 WILL BE CONSIDERED SEPARATELY
September 5, 2017
51
ITEM#67355
Mayor Sessoms entertained a motion to permit City Council to conduct its CLOSED SESSION,pursuant
to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
PUBLICLY-MELD PROPERTY: Discussion or consideration of the,
acquisition of real property for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
• Beach District
• Kempsville District
• Princess Anne District
• Lynnhaven
PERSONNEL MATTERS: Discussion, consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711(A)(1)
• Council Appointments: Council, Boards, Commissions,
Committees,Authorities,Agencies and Appointees
• Executive Director of Sister Cities of Virginia Beach
September 5, 2017
52
ITEM#67355
(Continued)
Upon motion by Councilman Moss, seconded by Councilman Dyer, City Council voted to proceed into
CLOSED SESSION at 4:58 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 4:58 P.M. - 6:00 P.M.)
September 5, 2017
53
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
September 5, 2017
6:00 P.M.
Mayor Sessoms called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in
the City Council Chamber, City Hall, on Tuesday, September 5, 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: Reverend Fred Poteet
Associate Rector, Old Donation Episcopal Church
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 idents 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.
September 5, 2017
54
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire
Hathaway Home Services Town Realty ("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 identifting 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 he
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 time. She is not an
employee of Dixon Hughes Goodman, does not have any role in management of the company and does is
not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of
transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of
which she has no personal knowledge. In that regard, she is always concerned about the appearance of
impropriety that might arise if she unknowingly participates in a matter before City Council in which
Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit
of the State and Local Government Conflict of Interests Act (the "Act), it is her practice to thoroughly
review each City Council agenda to identify any matters in which she might have an actual or potential
conflict. If during her review of an agenda, she identifies a matter in which she has a 'personal
interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure
letter with the City Clerk to be included in the official records of City Council Council Lady Wilson's
letter of June 2, 2015, is hereby made a part of the record.
September 5, 2017
55
Item—VII-E
CERTIFICATION
ITEM#67356
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, Al. 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
September 5, 2017
,syvNGee,�y.
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#67355 Page 52 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.
: ."h Hodges Fraser,MMC
City Clerk September 5,2017
56
Item-VH-F
MINUTES ITEM#67357
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of August IS, 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, Mayor
William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Absent:
None
Council Members Abstaining:
John D. Moss
September 5, 2017
57
ADOPT AGENDA
FOR FORMAL SESSION ITEM#67358
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
September 5, 2017
58
Item - VII-Hla/6
PUBLIC HEARINGS
ITEM#67359
Mayor Sessoms DECLARED THE PUBLIC HEARINGS:
NON-EXCLUSIVE FRANCHISE USE
a. Intell fiber Networks, LLC
b. Cel leo Partnership d/b/a Verizon Wireless
There being no speakers,Mayor Sessoms CLOSED THE PUBLIC HEARING
September 5, 2017
59
Item - VH-1
ORDINANCES/RESOLUTIONS
ITEM#67360
Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council APPROVED, BY
CONSENT: Agenda Items 2, 6(MAYOR ABSTAIN), 7a/b(MAYOR ABSTAIN)/e/d/e(MAYOR
ABSTAIN), 8a/b/e/d and 9o/6/chUe/f
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
September 5, 2017
60
Item- VII-I
ORDINANCES/RESOLUTIONS
ITEM#67360
(Continued)
Mayor Sessoms advised Agenda Items l b(REVISED VERSION), 3, 4a/b and 5 were on the CONSENT
AGENDA; however, Barbara Messner registered to speak on each item. After hearing Ms. Messner's
concerns and upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED,BY CONSENT:Agenda hems Ib,3, 4d/b,and 5
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
September 5, 2017
61
Item-VII-Lla
ORDINANCES/RESOLUTIONS
ITEM#67361
The following individuals registered to speak:
Sam Brown, 211 44th Street, Phone: 428-8100, spoke in OPPOSITION.
Barbara Messner, spoke in OPPOSITION.
Ginger Capps, 316161'Street, Phone: 286-0868, spoke in OPPOSITION
Bernice Pope, 214 44th Street, Phone: 343-8666, spoke in SUPPORT.
Lee Woodard, 214 43'1 Street, Phone: 619-8053, spoke in SUPPORT
Vincent Oliveieri, 216 43'd Street, spoke in SUPPORT.
Jerry Davis, 205 44th Street, Phone: 573-2847, spoke in SUPPORT.
Steve Burwell, 310 45th Street, Phone: 650-2667, spoke in SUPPORT
Michael A. Lagiglia,Jr., 332 Cavalier Drive, Phone: 348-9639, spoke in SUPPORT
Greg Brown, 212 43'1 Street, Phone: 560-0988, spoke in SUPPORT
Vice Mayor Jones made a MOTION to ADOPT, AS MODIFIED, seconded by Councilman Wood,
Ordinance to AMEND the City Code Sections:
a. 21-353 and 21-354 re Cavalier Shores Neighborhood pertaining to
Residential Permit Parking
Councilman Uhrin then made a SUBSTITUTE MOTION to ADOPT, AS SUBMITTED, Ordinance to
AMEND the City Code Sections:
a. 21-353 and 21-354 re Cavalier Shores Neighborhood pertaining to
Residential Permit Parking
AFTER CITY COUNCIL'S DISCUSSION, Councilman Uhrin WITHDREW his SUBSTITUTE
MOTION
Councilman Davenport then made a SUBSTITUTE MOTION to DEFER FOR SIXTY (60) DAYS,
seconded by Council Lady Abbott, Ordinance to AMEND the City Code Sections:
a. 21-353 and 21-354 re Cavalier Shores Neighborhood pertaining to
Residential Permit Parking
September 5, 2017
62
Item-VII-1.1a
ORDINANCES/RESOLUTIONS
ITEM#67361
(Continued)
Voting: 9-2
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M Henley, Shannon DS Kane, John D. Moss, Mayor William D.
Sessoms,Jr.,John E. Uhrin and Rosemary Wilson
Council Members Voting Nay:
Vice Mayor Louis R.Jones
James L. Wood
Council Members Absent:
None
**The Main Motion was lost to the affirmative action on the Substitute Motion to DEFER
September 5, 2017
63
Item-VII-Llb
ORDINANCES/RESOLUTIONS
ITEM#67362
Barbara Messner spoke in opposition.
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, AS
REVISED,BY CONSENT, Ordinances to AMEND the City Code Sections:
b. 28-28, 28-29 and 28-30 re Sewer and Sewage Disposal
pertaining to the payment due date for Sewage Disposal and
37-53 and 37-55 re Water Supply pertaining to the payment due
date for water usage
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
September 5, 2017
1 REVISED
2 AN ORDINANCE TO AMEND SECTIONS 28-
3 28, 28-29 AND 28-30 OF THE CITY CODE,
4 SEWER AND SEWAGE DISPOSAL,
5 PERTAINING TO THE DUE DATE FOR THE
6 PAYMENT OF BILLS FOR SEWAGE
7 DISPOSAL
8
9 Sections Amended: §§ 28-28, 28-29 and 28-30
10
11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13
14 That Sections 28-28, 28-29 and 28-30 of the City Code are hereby amended and
15 reordained to read as follows:
16
17 Sec. 28-28. - Billing.
18
19 (a) The director of public utilities is hereby authorized to bill each customer, for
20 charges due the city under this article, •- ___ - - . - - •'••. • • . __ _. If
21 the customer also receives water service from the city, charges provided for by this
22 article may be included in the bill, along with waste collection and stormwater
23 management charges levied pursuant to Chapter 32.5; provided that all charges shall
24 be separately stated. The combined bill shall be issued for one (1) total amount. The
25 director of public utilities is hereby authorized and directed to create policies and
26 procedures for the efficient billing and collection of the combined bill, including a policy
27 for allocating payments to the separate charges stated on the combined bill.
28
29
30
31 Sec. 28-29. - When due and payable; notice of and interest on delinquency.
32
33 All bills for charges prescribed by this article shall be due and payable thirty-(39-)
34 twenty-one (21) days from the date of the bill, and shall be deemed delinquent if not
35 paid in full within such time. A notice of such delinquency shall be mailed to the owner
36 or occupant of the premises, directing such owner or occupant to show cause why the
37 premises should not cease discharging sewage or waste, directly or indirectly, into the
38 public sewer system.
39
40 Sec. 28-30. - Discontinuing service and assessing penalty for failure to pay.
41
42 (a) If, within . . _ • - _ _ e . _ _ _ _ • - t ninety (90) days past the
43 date of the bill, all charges provided for in this article are not paid, the water supply to
44 the premises, if furnished by the city, shall be disconnected pursuant to section 15.2-
45 2119 of the Code of Virginia, and such charges shall become a lien against the
46 property, ranking on a parity with liens for unpaid taxes, and shall be collected as
47 provided by section 15.2-2119 of the Code of Virginia. If water service is so
48 disconnected, arrearages and a delinquent service fee shall be paid in accordance with
49 section 37-54 of this Code.
50
51 . . . .
of SepAdopted by thr
0e1Council of the City of Virginia Beach, Virginia, on the 5th day
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
vld ���L�am�- ►n�, . _ •t
lic City Attorney' office
—
%
R-3
September 5, 2017
2
1 REVISED
2 AN ORDINANCE TO AMEND SECTIONS 37-
3 53 AND 37-54 OF THE CITY CODE, WATER
4 SUPPLY, PERTAINING TO THE DUE DATE
5 FOR THE PAYMENT OF BILLS FOR WATER
6
7 Sections Amended: §§ 37-53 and 37-54
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11
12 That Sections 37-53 and 37-54 of the City Code are hereby amended and
13 reordained to read as follows:
14
15 Sec. 37-53. - Frequency of billing; sewer, waste collection and stormwater
16 charges may be included.
17
18 (a) The director of public utilities shall bill all customers
19 (bimonthly, in accordance with their location in the city, for water service rendered.
20
21 (b) The director of public utilities is authorized to send one (1) bill for water usage
22 and meter maintenance charges, along with charges for sewer system maintenance, to
23 those customers who are provided with both services, along with waste collection and
24 stormwater management charges levied pursuant to Chapter 32.5; provided, however,
25 that all charges shall be separately stated. The combined bill shall be issued for one (1)
26 total amount. The director of public utilities is hereby authorized and directed to create
27 policies and procedures for the efficient billing and collection of the combined bill,
28 including a policy for allocating payments to the separate charges stated on the
29 combined bill.
30
31 Sec. 37-54. -When due and payable; delinquency.
32
33 (a) All bills for charges prescribed by this article shall be due and payable within
34 thirty—PG) twenty-one (21) days from the date of the bill, and shall be deemed
35 delinquent if not paid in full within such time. A late fee of one dollar and fifty cents
36 ($1.50) will be charged to accounts for a bill that is not paid
37 the date of the bill on or before the due date. The department of public utilities shall
38 notify the customer, in writing, of such delinquency, and shall direct the customer to
39 show cause, within fifteen (15) days, why his water service should not be discontinued.
40
41 (b) Failure to receive a bill for charges prescribed by this article shall not prevent the
42 discontinuance of service in accord with the provisions of this section.
43
44 (c) If, within forty five (115) ninety (90) days of-the-date-of-a-bill past the date of the
45 bill, all charges and interest provided for in this article are not paid, a twenty dollar
46 ($20.00) delinquent service fee shall be applied to the account and the water supply to
47 the premises shall be disconnected.
48
49 (d) When water service is discontinued pursuant to this section, water shall not again
50 be turned on until all arrearages and charges have been paid, including the late fee and
51 the delinquent service fee of twenty dollars ($20.00), and other penalties and fees if the
52 premises are occupied by the same customer who incurred the bill; provided, that any
53 customer delinquent or in arrears shall settle all past indebtedness, wherever incurred,
54 before again being served city water.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day
of September , 2017.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Z Nfl�11ZU�• ptiy� o
i _
Pu lic Utilities ty Attorne Office
CA14122
R-3
September 5, 2017
2
64
Item-VII-I.2
ORDINANCES/RESOLUTIONS
ITEM#67363
Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY
CONSENT, Resolution to AUTHORIZE a contract between the Virginia Beach Community Services
Board and the Commonwealth of Virginia
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
September 5, 2017
1 A RESOLUTION APPROVING A CONTRACT BETWEEN
2 THE VIRGINIA BEACH COMMUNITY SERVICES BOARD
3 AND THE COMMONWEALTH
4
5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 That the City Council hereby approves Fiscal Year 2017-18 Performance Contract
9 between the City of Virginia Beach Community Services Board and the Virginia
10 Department of Behavioral Health and Developmental Services (a summary of which is
11 attached in Exhibit A), which provides state-controlled performance contract funding to
12 the Community Services Board.
Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day
of September 2017.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
David Bradley rmeyer
Budget & Management Services City Attorney's Office
CA14128
R-1
August 23, 2017
FY 2018 Community Services Performance Contract
FY 2018 Exhibit A: Resources and Services
Virginia Beach Community Services Board
Consolidated Budget(Pages AF-3 through AF-8)
Funding Sources Mental Health Developmental Substance TOTAL
Services Services Abuse
Services
State Funds 8,649,528 838,064 2,223,622 11,711,214
Local Matching Funds 9,763,696 8,001,645 38,879 17,804,220
Total Fees 6,310,528 19,761,091 371,429 26,443,048
Transfer Fees Inr(Out) 0 0 0 0
Federal Funds 305,732 0 1,757,844 2,063,576
Other Funds 313,700 323,000 54,065 690,765
State Retained Earnings 0 0 0 0
Federal Retained Earnings 0 ,0,-,t:: 4.-,+�" 0 0
_M...J�P_9f -_}y
Other Retained Earnings 0 0 0 0
Subtotal Ongoing Funds 25,343,184 28,923,800 4,445,839 58,712,823
State Funds One-Time 0 -11c7:>'T'y,11 0 0
4r {.
Federal Funds One-Time 0 t `� - 0 0
.7 Wit:
Subtotal One-Time Funds al 0 0 0
TOTAL ALL FUNDS 25,343,184 28,923,800 4,445,839 58,712,823
Cost for MH/DV/SA Services 24,484,361 i 28,527,283 2,797,809 55,809,453
Cost for Emergency Services(AP-4) 2,149,078
Cost for Ancillary Services (AP-4) 754,292
Total 58,712,823
Local Match Computation CSB Administrative Expenses
Total State Funds 11,711,214 Total Admin.Expenses 6,693,470
Total Local Matching Funds — 17,804,220 Total Expenses 58,712,823
Total State and Local Funds 29,515,434 Administrative Percent 1 11.40%
Total Local Match% 60.32%
1 _
(Local/Total State+ Local)
ReportDate 8/17/2017 AF-1
FY2018 Community Services Performance Contract
Exhibit A: Resources and Services
Virginia Beach Community Services Board
Financial Comments
Commentl MH Other Federal-CSB=$46,570 USDA
Comnnent2 MH Other Funds$313,700=$202,868 Additional FY 2018 MH Permanent Supportive
Comment3 Housing+$104468 Anticipated PATH mid-year award+$8,364 Beach House
Comment4 Snack Bar receipts
Comments DV Other Funds=$323,000 Department of!ging and Rehabilitative Services(CARS)
Comments SA Federal OPT-R=$15,625 Prevention(Award$25,000-$6375 received FY 2017) — - - --
Commem7 SA Other Federal-CSB=$25,000 Health Department HIV
Comments SA Other Funds=$54,065 SAIP
Cmtlnwn79 SERVICES NOTE: - - _- - -
Commeml0 Seven clients have DAP plans that include psycotropic medications so we
Cottontail' anticipate serving seven individuals with MH Pharmacy funds
Commentl2 -
Commentl3
Conunentl4
Commem15
Commentl6
Commentl7 -- —
Commentl8
Commentl9
Comment20
Conunent2l
Comment22
Comment23 — -
Comment24
Comment25
Report Date 8/17/2017 AF-2
FY 2019 Community Services Performance Contract Financial Summary
Exhibit A:Resources and Services
Mental Health(MH)Services
Virginia Beach Community Services Board
Funding Sources Funds
FEES
MH Medicaid Fees 4,297,754
MH Fees:Other 2,012,774
Total MH Fees 6,310,528
MH Transfer Fees In/(Out)
MN Net Fees 6,310,528
JEDERAI FI INDS
MH FBG SW Child&Adolescent 193.958) 221,924
MH FBG Young Adult SMI(93.958) 0 .
MH FBG SMI(93.958) 14,757
MR FBG SMI PACT(93.958) 0
MH FBG SMI SWVBN Board (93.958) 0
Total MU FBG SMI Funds 14,757
MN FBG Geriatrics(93958) 0
MH FBG Peer Services (93.958) 0
Total MH FBG Adult Funds 14,757
MH Federal PATH(93.150) 22,481
MH Federal CABHI(93.243)
MH Federal Pre-Trial Diversion Initiative(16.745) D
MH Other Federal-DBHDS
MH Other Federal-CSB 46,570
Total MH Federal Funds 305,732
STATE FUNDS
Regional Funds
MH Anne Care(fiscal Agent) 0
MN Acute Care Transfer In/(Out) 0
MH Net Acute Care-Restricted 0
MH Regional DAP(Fiscal Agent) 0
MH Regional DAP Transfer In/(Out) 0
MH Net Regional DAP-Restricted 0
MH Regional Residential DAP-Restricted
MN Crisis Stabilization(Fiscal Agent) 0
MH Crisis Stabilization-Transfer In/(Out) 794,934
Total Net MH Crisis Stabilization-Restricted 794,934
Report Date 8/17/2017 AF-3
FY 2018 Community Services Performance Contract Financial Summary
Exhibit A: Resources and Services
Mental Health(MH)Services
Virginia Beach Community Services Board
Funding Sources Funds
MH Recovery(Fiscal Agent) 0
MH Other Merged Regional Funds(Fiscal Agent) 1,468,833
MX Total Regional Transfer In/(Out) 0
Total MH Net Unrestricted Regional State Funds 1,468,933
Total MH Net Regional State Funds 2,263,767
Children State Funds
MH Child&Adolescent Services Initiative 338,661
MH Children's Outpatient 75,000
Total MH Restricted Children's Funds 413,661
MX State Orlldren's Services 25,000
MX Juvenile Detention 111,724
MX Demo Proj-System of Care(Child)
Total MH Unrestricted Children's Funds 136,724
MH Crisis Response&Child Psychiatry(Fiscal Agent) 0
MH Crisis Response&Child Psyddatry Transfer In/(Out) 119,369
Total MN Net Restricted Crisis Response&Child Psychiatry 119,369
Total State MX Children's Funds(Restricted for Children) 669,754
Other State Funds
MH Law Reform 397,790
MH Pharmacy-Medication Supports 29,949
MH Jail Diversion Services 241,670
MN Docket Pilot IMHCP Match 0
MH Adult Outpatient Competency Restoration Srvs
MH CR-Assessment Sites 150,857
MH Expand Telepsychiatry Capacity
MX Young Adult SMI 0
MH PACT 850,000
MH PACT-Forensic Enhancement 200,000
MN PSH-CABHI 0
MX Permenant Supportive Housing 8Von-CARHI) 714,300
MH STEP-VA 0
MN Expanded Community Capacity(Fiscal Agent) 0
MH Expanded Community Capacity Transfer In/(Out) 302,709
Total MH Net Expanded Community Capacity 302,709
MH First Aid and Suicide Prevention(Fiscal Agent) 0
MH First Aid and Suicide Prevention Transfer In/(Out) 0
Total MH Net First Aid and Suicide Prevention 0
Total MH Restricted Other State Funds 2,887,275
Report Date 8/17/2017 AF-4
FY 2018 Community Services Performance Contract Financial Summary
Exhibit A:Resources and Services
Mental Health(MH)Services
Virginia Beach Community Services Board
Funding Sources Funds
MN State Funds 2,528,732
MH State Regional Deaf Services 0
MH State NGRI 0
MN Geriatrics Services 0
Total MH Unrestricted Other State Funds 2,828,732
Total MH Other State Funds 5,716,007
TOTAL MH STATE FUNDS 8,649,528
OTHER FUNDS
MH Other Funds 313,700
MH Federal Retained Earnings
MH State Retained Earnings
MN State Retained Earnings-Regional Prog 0
MH Other Retained Earnings 0
Total MH Other Funds 319700
LOCAL MATCHING FUNDS
MH Local Government Appropriations 9,763,696
MH Philanthropic Cash Contributions 0
MH In-gind Contributions 0
MH Local Interest Revenue 0
Total MH Local Matching Funds 8763,696
TetaIMH Funds 25,363486
MH ONE TIME FUNDS
MH FOG SMI(93.958) 0
MH FBG SW Child&Adolescent(93958) 0
MH FBG Peer Services (93.958) 0
MH State Funds 0
Total One Time MN Funds 0
Total MH All Funds 25,343,184
Report Dote 8/17/2017 AF-S
FY 2018 Community Services Performance Contract Financial Summary
Exhibit A:Resources and Services
Developmental Services(DV)
Virginia Beach Community Services Board
Funding Sources Funds
FEES
DV Other Medicaid Fees 7,439,745
DV Medicaid ICF/10 11,652,099
DV Fees:Other 669,247
Total DV Fees 19,761,091
DV Transfer Fees In/1Outl 0
DV NET FEES 19,761,091
FEDERAL FUNDS
DV Other Federal-DBHDS 0
DV Other Federal-CSB 0
Total DV Federal Funds 0
STATE FUNDS
DV State Funds 813,942
DV OBRA 24,122
Total DV Unrestricted State Funds 838,064
DV Rental Subsidies 0
DV Crisis Stabilization(Fiscal Agent)
DV Crisis Stabilization Transfer In(Out)
Dv Net Crisis Stabilization
DV Crisis Stabilization-Children(Fiscal Again) 0
DV Crisis Stabilization-Children Transfer In(Out) 0
DV Net Crisis Stabilization-Children 0
Total DV Restricted State Funds 0
Total DV State Funds 838,064
OTHER FUNDS
DV Workshop Sales 0
DV Other Funds 323,000
DV State Retained Earnings
DV State Retained Earnings-Regional Prog 0
DV Other Retained Earnings 0
Total DV Other Funds 323,000
LOCAL MATCHING FUNDS
DV Local Government Appropriations 8,001,645
DV Philanthropic Cash Contributions 0
DV In-Kind Contributions 0
DV Local Interest Revenue 0
Total DV Local Matching Funds 8,001,645
Total DV Funds 28,923,800
Report Date 8/17/2017 AF-6
FY 2018 Community Services Performance Contract Financial Summary
Exhibit A; Resources and Services
Substance Abuse(SA)Services
Virginia Beach Community Services Board
Funding Sources Funds
FEES
SA Medicaid Fees 338,500
SA Fees:Other 32,929
Total SA Fees 371,429
SA Transfer Fees In/(Out) 0
SA NET FEES 371,429
FEDERAL FUNDS
SA FBG Alcohol/Drug Trmt(93.959) 985,968
SA FBG SARPOS(93.959) 65,231
SA FIG Jail Services (93.959) 165,147
SA FBG Co-Occurring(93.959) 34,574
SA FIG New Directions(93.959) 0
SA FIG Recovery(93.959)
SA FBG MAT-Medically Assisted Treatment(93.959) 0
Total SA FBG ND Trmt Funds 1,250,920
SA FBG Women(includes LINK at 6 CSBs)(93.959) 187,279
SA FBG Prevention-Women(UM()(93.959) 0
Total SA FBG Women 187,279
SA FBG Prevention(93.959) 279,020
SA FBG Prey-Family Wellness(93.9591 0
Total SA FIG Prevention 279,020
SA Federal CABER(93.243) 0
SA Federal Strategic Prevention(93.243) 0
SA Federal OPT-R(93.788) 15,625
SA Other Federal-DBHDS 0
SA Other Federal-C58 25,000
TOTAL SA FEDERAL FUNDS 1,757,844
STATE FUNDS
ReElonal Funds
SA Fadlity Reinvestment(Fiscal Agent) 0
SA Facility Reinvestment Transfer In/(Out) 476,036
SA Net Facility Reinvestment 476,036
Other State Funds
SA Women(includes LINK at4 CSBs)(Restricted) 1,800
SA Recovery Employment 0
SA MAT-Medically Assisted Treatment 0
SA Peer Support Recovery 0
Total SA Restricted Other State Funds 1,800
Report Dote 8/17/2017 AF-7
FY 2018 Community Services Performance Contract Financial Summary
Exhibit A:Resources and Services
Substance Abuse(SA)Services
Virginia Beach Community Services Board
Funding Sources Funds
SA State Funds 1,408,686
5A Region V Residential 131,215
SA Jail Services/Juv Detention 27,216
5A SARPOS 76,097
SA Recovery 0
5A HIV/AIDS 102,572
Total SA Unrestricted Other State Funds 1,745,786
Total SA Other State Funds 1,747,586
TOTAL SASTATE FUNDS 2,223,622
OTHER FUNDS
5A Other Funds 54,065
SA Federal Retained Earnings
SA State Retained Earnings 0
5A State Retained Earnings-Regional Frog 0
5A Other Retained Eamings 0
Total 5A Other Funds 54,065
LOCAL MATCHING FUNDS
SA Local Government Appropriations 38,879
SA Philanthropic Cash Contributions
SA In-Kind Contributions 0
SA Local Interest Revenue 0
Total SA Local Matching Funds 38,879
Total SA Funds 4,445,839
SA ONE-TIME FUNDS
SA FBG Alcohol/Drag Trmt(93959) 0
SA FBG Women(includes UNK-6[S135)(93.959) 0
SA FBG Prevention(93.959) 0
SA State Funds 0
Total SA One-Time Funds 0
Total All SA Funds 4,445,839
Report Dote 8/17/2017 AF-8
FY 2018 Community Services Performance Contract
Local Government Tax Appropriations
Virginia Beach Community Services Board
City/County Tax Appropriation
Virginia Beach City 17,804,220
Total Local Government Tax Funds: 17,804,220
Report Date 8/17/2017 AF-9
FY 2018 Community Services Performance Contract
FY 2018 Exhibit A: Resources and Services
Supplemental Information
Reconciliation of Projected Revenues and Utilization Data Core Services Costs by Program Area
Virginia Beach Community Services Board
MH DV SA Emergency Ancillary
Services Services Services Services Services Total
Total All Funds(Page AF-1) 25,343,184 28,923,800 4,445,839- 58,712,823
Cost for MH,DV,SA,Emergency, 24,484,361 28,527,283 2,797,809 2,149,078 754,292 58,712,823
and Ancillary Services(Page AF-1)
Difference 858,823 396,517 1,648,030 -2,149,078 -754,292 0
Difference results from
Otber:
Explanation of Other in Table Above:
Report Date 8/17/2017 AF-00
FY 2018 Community Services Performance Contract
FY 2018 Exhibit A: Resources and Services
CSB 100 Mental Health Services
Virginia Beach Community Services Board
Report for Form 11
Projected
Numbers of Projected
Projected Individuals Total
Core Services Service Receiving Service
Capacity Services Costs
I3100utpatieM Services - - 24.27 FTEs 2820 $7,122,031
1.350 Assertive Community Treatment 12 33 FTEs 78 $1,729,951
320 Case Management Services 52.38 FTEs 1592 $5,253,752
1410 Day Treatment or Partial Hospitalization 60 Slots 210 $728,178
420 Ambulatory Crisis Stabilization Services 10 Slots 94 $326,477
425 Mental Health Rehabiitation 175 Slots 410 $2,441,108
460 Individual Supported Employment 3.95 FTEs 42 $342,807
510 Residential Crisis Stabilization Services 13 Beds 452 $3,064,773
551 Supervised Residential Services 35 Beds 35 $1,144,276
581 Supportive Residential Services 20.76 FTEs 240 $2,331,214
Totals 5,973 $24,484,361
Form Ilk Pharmacy Medication Supports Number of Consumers
803 Total Pharmacy Medication Supports Consumers 7
Report Dale 8/11/2017 AP-1
FY 2018 Community Services Performance Contract
FY 2018 Exhibit A: Resources and Services
CSB 200 Developmental Services
Virginia Beach Community Services Board
Report for Form 21
Projected
Numbers of Projected
Projected Individuals Total
Core Services Service Receiving Service
Capacity Services Costs
310 Outpatient Services 4FFEs 18 $442,912
320 Case Management Services - - 30 FTEs 901 $3,301,881
425 Developmental Habilitation 211 Slots 185 $4,207,995
1465 Group Supported Employment 30 Slots 39 1796,381
460 Individual Supported Employment 7.05 FTEs 199 $575,845
501 Highly Intensive Residential Services(Community-Based ICF/ID Services) 47 Beds 47 $12,715,940
521 Intensive Residential Services 25 Beds 25 $3,203,819
551 Supervised Residential Services 2 Beds 2 $207,412
581 Supportive Residential Services 42.5 FTEs 72 $3,075,098
Totals 1,480 $28,627,289
Report Dale 8/172017 AP-2
FY 2018 Community Services Performance Contract
FY 2018 Exhibit A: Resources and Services
CSB 300 Substance Abuse Services
Virginia Beach Community Services Board
Report for Form 31
Projected
Numbers of Projected
Projected Individuals Total
Core Services Service Receiving Service
Capacity Services Costs
Ir310 Outpatient Sendces 5.09 FTEs 231 $810247
1320 Case Management Services 2.2 Fits 63 5259,909
70 Day Treatment or Partial Hospitalization 5 Slots 43 $205,956
501 Highly Intensive Residential Services(Medically Managed Withdrawal Services) 4 Beds 98 $328,039
521 Intensive Residential Services 4 Beds 12 $178,300
581 Supportive Residential Services 2.38 FTEs 13 $176,994
610 Prevention Services 9.63 FTEs I j $840,364
Totals 460 $2,797,809
Report Date 8/17/2017 AP-3
FY 2018 Community Services Performance Contract
FY 2018 Exhibit A: Resources and Services
CSB 400 Emergency and Ancillary Services
Virginia Beach Community Services Board
Report for Form 01
Projected
Numbers of Projected
Projected Individuals Total
Core Services Service Receiving Service
Capacity Services Costs
'100 Emergency Services 15.28 FTEs 2683 $2,149,078
318 Motivational Treatment Services 1.4 FTEs 672 $226,391
X390 Consumer Monitoring Services 3.75 FTEs 348 $398,308
1720 Assessment and Evaluation Services 1 FTEs 681 $129,595
Totals 4,364 $2,903,370
Report Dale 8/17/2017 AP-4
FY 2018 Community Services Performance Contract
Table 1: Board of Directors Membership Characteristics
Name of CSB: Virginia Beach Community Services Board
Total Appointments: 16 Vacancies: I Filled Appointments: 7 15
Number of Individuals Who Previously Receives Services: r- 0
Number of Individuals Currently Receiving Services: _�
Number of Family Members: n _ 2
Report Date 8/17/2017 AP-5
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FY 2018 Community Services Performance Contract
Table 2: Board Management Salary Costs
Name of CSB: Virginia Beach Community Services Board FY 2018
Table 2a: FY 2018 Salary Range Budgeted Tot Tenure
Management Position Title Beginning Ending Salary Cost (yrs)
Executive Director $110,323.00 $169,374.00 $163,093.00 4.00
Table 2: Integrated Behavioral and Primary Health Care Questions
1.Is the CSB participating in a partnership with a federally qualified health center,free clinic,
or local health department to integrate the provision of behavioral health and primary
health care?
No
2. If yes,who is the partner?
C a federally qualified health center
Name:
E a free clinic
Name:
E a local health department, or
Name:
E another organization
Name:
3.Where is primary health(medical)care provided?
E on-site in a CSB program,
E on-site at the primary health care provider,or
another site--specify:
4-Where is behavioral health care provided?
U on-site In a CSB program,
U on-site at the primary health care provider,or
▪another site—specify:
Report Date 8/17/2017 AP-7
FY 2018 Community Services Performance Contract
Virginia Beach Community Services Board
Table 2: Board Management Salary Costs
Explanations for Table 2a
Table 2b: Community Service Board Employees
1. 2. 3. 4. 5. 6. 7.
No.of FTE CSB Employees MH DEV SA EMER&ANC ADMIN TOTAL
Consumer Service FTEs 177.72 337.14 23.70 20.43 558.99
Pea Staff Service FTEs 4.00 0.00 0.00 1.00 5.00
Support Staff FTEs 48.85 43.34 4.04 11.21 87.44 194.88
TOTAL FTE CSB Employees 230.57 380.48 27.74 32.64 87.44 758.87
Report Date 8117/2017 AP-8
PATRICIA ALSPAUGH GLACEY ANOL
1661 BAY POINT DRIVE 2397 FENWICK WAY
VIRGINIA BEACH,VA 23454 VIRGINIA BEACH,VA 23453
KAY ASHBY PHILLIP BLACK
313 PICKEREL LANE 3216 GALLAHAD DRIVE
VIRGINIA BEACH,VA 23456 VIRGINIA BEACH,VA 23456
LINDA BRIGHT CARROLLYN COX
605 THOMAS NELSIN DRIVE 600 QUEENSGROVE CRESCENT
VIRGINIA BEACH,VA 23452 VIRGINIA BEACH,VA 23452
LUETILLA CUFFEE JOYCE HARVEY
6405 AUBURN DRIVE APT 337 5513 OLD PROVIDENCE ROAD
VIRGINIA BEACH,VA 23464 VIRGINIA BEACH,VA 23484
GERALDINE HUNT MYRA JENNINGS
5461 ALBRIGHT DRIVE 1209 MERRIFIELD LANDING
VIRGINIA BEACH,VA 23484 VIRGNIA BEACH,VA 23484
DIANE JONES WONNE LEWIS
721 WOODSTOCK ROAD 3904 SOUTH PLAZA TRAIL
VIRGINIA BEACH,VA 23484 VIRGINIA BEACH,VA 23452
ALLAN MARSDEN TONEY REEVES
2960 HERON RIDGE DRIVE 637 ABBEY DRIVE
VIRGINIA BEACH,VA 23456 VIRGINIA BEACH,VA 23455
DIANA RUCHELMAN
533 HEATHER DRIVE
VIRGINIA BEACH,VA 23462
65
Item-VII-L3
ORDINANCES/RESOLUTIONS
ITEM#67364
Barbara Messner spoke in OPPOSITION
Reid Greenmun spoke in SUPPORT.
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Resolution to SUPPORT the Adopt-a-Drain Program to maintain management of
stormwater
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
September 5, 2017
REQUESTED BY COUNCILMEMBER ABBOTT
A RESOLUTION SUPPORTING THE ADOPT-A-DRAIN
PROGRAM
1 WHEREAS, recurrent residential flooding has had devastating effects on our
2 City's residents, resulting in millions of dollars of damage to hundreds of homes,
3 vehicles, personal property and cherished belongings;
4
5 WHEREAS, this damage highlights the need for a well-functioning stormwater
6 management system;
7
8 WHEREAS, stormwater drains are an essential part of any stormwater
9 management system, and the City has thousands of drains that may become clogged
10 with debris such as trash and leaves;
11
12 WHEREAS, keeping stormwater drains free of debris helps prevent localized
13 flooding in neighborhoods and also has the secondary benefit of protecting our
14 waterways, fish and wildlife by preventing pollutants from entering streams, lakes and
15 creeks;
16
17 WHEREAS, the citizens of Virginia Beach care deeply about their neighbors and
18 their neighborhoods and are willing to assist the City in keeping stormwater drains free
19 of debris;
20
21 WHEREAS, building on the model of the successful Adopt-A-Highway program,
22 many localities across the country have implemented an Adopt-A-Drain program
23 whereby citizens can "adopt" a stormwater drain and pledge to help prevent localized
24 flooding by keeping their adopted drain free of debris; and
25
26 WHEREAS, City coordination of an Adopt-A-Drain program could greatly benefit
27 all of the City's residents by enabling citizen volunteers to play an essential role in
28 assisting the City in maintaining a well-functioning stormwater management system.
29
30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
31 OF VIRGINIA BEACH:
32
33 That the City Council directs the City Manager to implement an Adopt-A-Drain
34 program.
35
36 BE IT FURTHER RESOLOVED:
37
38 That the City Council anticipates that any start-up costs for such a program can
39 be funded from current appropriations but authorizes the City Manager to bring back for
40 City Council consideration any necessary budget ordinance—such as a transfer of
41 funds—in order to successfully launch the program in the current fiscal year.
sept Adopted by the Council of the City of Virginia Beach this 5th day of
, 2017.
APPROVED AS TO LEGAL SUFFICIENCY:
Deputy City Attorney Roderick R. Ingram
City Attorney's Office
CA14106
R-2
August 25, 2017
66
Item -VII-14a
ORDINANCES/RESOLUTIONS
ITEM#67365
Barbara Messner spoke in OPPOSITION.
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to GRANT a Nonexclusive Franchise to install, maintain and operate
Telecommunication facilities in the public streets and rights-of way to:
a. Cellco Partnership d/b/a Verizon Wireless
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
September 5, 2017
1 AN ORDINANCE GRANTING A NONEXCLUSIVE
2 FRANCHISE TO INSTALL, MAINTAIN AND OPERATE
3 WIRELESS FACILITIES AND COMMUNICATIONS
4 INFRASTRUCTURE WITHIN THE PUBLIC STREETS
5 AND RIGHTS-OF-WAY OF THE CITY OF VIRGINIA
6 BEACH TO CELLCO PARTNERSHIP d/b/a VERIZON
7 WIRELESS
8
9 WHEREAS, Cellco Partnership d/b/a Verizon Wireless, a Delaware general
10 partnership ("Cellco"), is a wireless communications provider with its principal office
11 located at One Verizon Way, Basking Ridge, NJ 07920;
12
13 WHEREAS, Cellco desires to use and occupy the City's streets and public rights-
14 of-way for the purpose of installing, maintaining and operating wireless communications
15 infrastructure to enhance and expand the current network facilities for wireless
16 communications within the City; and
17
18 WHEREAS, the City is agreeable to allowing Cellco to use the City's public
19 streets and rights-of-way for the aforesaid purposes, subject to the terms and conditions
20 set forth in the summary of terms attached hereto as Exhibit A and made a part hereof
21 (the "Summary of Terms").
22
23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25
26 That the City Council hereby authorizes the City Manager to execute a franchise
27 agreement with Cellco for an initial term of ten (10) years, with three (3) renewal options
28 of five (5) years each, pursuant to the requirements of Va. Code §56-484.30 and in
29 accordance with the Summary of Terms, and such other terms, conditions or
30 modifications, as may be acceptable to the City Manager and in a form deemed
31 satisfactory by the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 5th day
of September , 2017.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
nn readitAM
INFORMATION ' 'OLOGY CITY ATTORNEY'S O FICE
CA14008
August 17, 2017
R-1
EXHIBIT A
NONEXCLUSIVE FRANCHISE AGREEMENT
SUMMARY OF TERMS
Parties: City of Virginia Beach ("City") and Cellco Partnership d/b/a
Verizon Wireless ("Cellco")
Term: Initial term of ten (10) years, with three (3) options to renew
for a term of five (5) years each.
Fee: No fee allowed for co-locations on existing structures,
pursuant to Va. Code §56-484.29.6. All pole attachments
are subject to the applicable permitting fee.
Location: Cellco will submit an individual application to the Planning
Department, Permits & Inspections, for each pole or site
attachment.
Relocation: Cellco is solely responsible for paying cost of removal or
relocation of its facilities if necessitated by a public project.
Cellco must remove facilities upon termination or City may
allow facilities to remain in place and take ownership.
Installation: Cellco is required to return public streets and rights-of-way to
at least the same or similar condition existing before such
work was performed to reasonable satisfaction of City of
Virginia Beach.
Insurance: Commercial General Liability (min. $2 Million); Automobile
Liability (min. $1 Million); Pollution Liability Insurance ($1
Million). Alternatively, may have $5 Million umbrella
coverage
Termination: City may terminate the franchise at the end of the initial or
any renewal term by giving 90 days' notice; Mobilitie may
terminate at any time with 90 days' notice.
Surety: $75,000 surety bond
67
Item -VII-1.46
ORDINANCES/RESOLUTIONS
ITEM#67366
Barbara Messner spoke in OPPOSITION
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to GRANT a Nonexclusive Franchise to install, maintain and operate
Telecommunication facilities in the public streets and rights-of way to:
b. Intellifiber Newtworks,LLC
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
September 5, 2017
1 AN ORDINANCE GRANTING A NONEXCLUSIVE
2 FRANCHISE TO INSTALL, MAINTAIN AND
3 OPERATE TELECOMMUNICATIONS FACILITIES IN
4 THE PUBLIC STREETS AND RIGHTS-OF-WAY OF
5 THE CITY TO INTELLIFIBER NETWORKS, LLC
6
7 WHEREAS, Intellifiber Networks, LLC ("Intellifiber"), having its principal office at
8 4001 Rodney Parham Road, Little Rock, AR 72212, is a telecommunications carrier, as
9 defined in Title 47, Section 153 of the United States Code;
10
11 WHEREAS, Intellifiber desires to use and occupy the City's streets and public
12 rights-of-way for the purposes of installing, maintaining, and operating network facilities
13 for telecommunications services within the City;
14
15 WHEREAS, the Virginia State Corporation Commission has granted to Intellifiber
16 certificates of convenience and necessity authorizing it to provide local exchange and
17 interexchange telecommunications services; and
18
19 WHEREAS, the City is agreeable to allowing Intellifiber to use the City's public
20 streets and rights-of-way for the aforesaid purposes, subject to the terms and conditions
21 set forth in the summary of terms attached hereto as Exhibit A and made a part hereof
22 (the "Summary of Terms").
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26
27 That the City Council hereby authorizes the City Manager to execute a franchise
28 agreement with Intellifiber for five (5) years in accordance with the Summary of Terms,
29 and such other terms, conditions or modifications, as may be acceptable to the City
30 Manager and in a form deemed satisfactory by the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 5th day
of September 2017.
APP VED AS TO CONTENT: APPROVED AS TO LEGAL
/7000/ SUUFFfFICCIIENCY:
RifJit-JY1
MA ION 'CHMtifrNOLO I CITY ATTORNEY'S OF CE
CA14011
August 18, 2017
R-1
EXHIBIT A
INTELLIFIBER NETWORKS, LLC TELECOMMUNICATIONS
FRANCHISE AGREEMENT
SUMMARY OF TERMS
Parties: City of Virginia Beach ("City") and Intellifiber Networks, LLC
("Intellifiber)
Term: Five years
Fee: None (State law restricts telecommunications franchise fees
to Public Rights-of-Way Use Fee)
Location: Intellifiber may maintain its facilities underground per route
map on file with the Information Technology Department.
Any new facility installation must be approved by City and
properly permitted.
Relocation: Intellifiber is solely responsible for paying cost of removal or
relocation of its facilities if public project necessitates their
removal or relocation; Intellifiber must remove facilities upon
termination or City may allow to remain in place and take
ownership.
Installation: Intellifiber is required to return public streets and rights-of-
way to at least the same or similar condition existing before
such work was performed to reasonable satisfaction of the
City.
Insurance: Commercial General Liability (min. $2 Million); Automobile
Liability (min. $1 Million); Pollution Liability Insurance ($1
Million). Alternatively, may have $5 Million umbrella
coverage
Surety: $25,000 letter of credit and $50,000 surety bond
68
Item -VII-LS
ORDINANCES/RESOLUTIONS
ITEM#67367
Barbara Messner spoke in OPPOSITION.
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Resolution to APPOINT Joseph M. Kurt as Assistant City Attorney effective September 14,
2017.
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
September 5, 2017
1 A RESOLUTION APPOINTING JOSEPH M. KURT TO THE
2 POSITION OF ASSISTANT CITY ATTORNEY
3
4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA:
6
7 That pursuant to § 2-166 of the City Code, Joseph M. Kurt is hereby appointed to
8 the position of Assistant City Attorney, effective September 14, 2017.
9
10 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 thday of
11 September , 2017.
APPROVED AS TO CONTENT AND
LEGAL SUFFICIENCY:
Aral- L-
Mark D. Stiles, City Attorney
CA14119
R-1
August 14, 2017
69
Item-1/II-1.6
ORDINANCES/RESOLUTIONS
ITEM#67368
Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE an application of 5073 Virginia Beach Boulevard,LLC for the
closure of a portion of Euclid Road to increase the display area and perimeter landscaping for vehicles
DISTRICT 4—BAYSIDE
IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance to AUTHORIZE an application of 5073 Virginia
Beach Boulevard, LLC for the closure of a portion of Euclid
Road to increase the display area and perimeter landscaping for
vehicles (GPIN 1467858567) DISTRICT 4—BAYSIDE
The following conditions shall be required:
1. The City Attorney's Office will make the final determination regarding ownership of
the underlying fee. The purchase price to be paid to the City shall be determined
according to the "Policy regarding Purchase of City's Interest in Streets Pursuant to
Street Closures,"approved by City Council
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area of Euclid Road into the adjoining parcels that the right-
of way would have provided direct access to. The plat must be submitted and
approved for recordation prior to the final street closure approval.
3. The public sanitary sewer gravity main located in the closed area of Euclid Road shall
either be relocated to the new property line, or an appropriately sized public utility
easement, satisfactory to the Department of Public Utilities, shall be dedicated for it.
Prior to the dedication of a public utility easement, a variance to Section 2.3.6 of the
Public Utilities Design Standards Manual will be required.
4. The public water meters located in the closed area of Euclid Road shall either be
relocated to the new property line, or an appropriately sized public utility easement,
satisfactory to the Department of Public Utilities, shall be dedicated for it. Prior to
the dedication of a public utility easement, a variance to Section 2.3.6 of the Public
Utilities Design Standards Manual will be required. If the water meters are not
relocated, a Planting Island, with landscaping material satisfactory to the Landscape
Architect, shall be located over the meter(s).
5. The applicant shall verify that no private utilities exist within the right-of-way
proposed for closure. If private utilities do exist, easements satisfactory to the utility
company must be provided.
6. Closure of the right-of-way shall be contingent upon compliance with the above stated
conditions within Three Hundred Sixty-Five (365) days of approval by City Council.
If the conditions noted above are not accomplished and the final Plat is not approved
within one (1) year of the City Council vote to close the right-of-way, this approval
shall be considered null and void.
September 5, 2017
70
Item -VII-L6
ORDINANCES/RESOLUTIONS
ITEM#67368
(Continued)
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Al. Benjamin Davenport, Robert M Dyer, Barbara
Al. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss,John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
None
Council Members Abstaining:
Mayor William D. Sessoms,Jr.
September 5, 2017
1 ORDINANCE APPROVING APPLICATION
2 OF 5073 VIRGINIA BEACH BLVD., L.L.C.
3 FOR THE CLOSURE OF A PORTION OF
4 EUCLID ROAD ADJACENT TO 5073
5 VIRGINIA BEACH BOULEVARD
6
7 WHEREAS, 5073 Virginia Beach Blvd., L.L.C., a Virginia limited liability company
8 (the "Applicant") applied to the Council of the City of Virginia Beach, Virginia, to have
9 the hereinafter described right-of-way discontinued, closed, and vacated; and
10
11 WHEREAS, it is the judgment of the Council that said right-of-way be
12 discontinued, closed, and vacated, subject to certain conditions having been met on or
13 before one (1) year from City Council's adoption of this Ordinance.
14
15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
16 Beach, Virginia:
17
18 SECTION I
19
20 That the hereinafter described right-of-way be discontinued, closed and vacated,
21 subject to certain conditions being met on or before one (1) year from City Council's
22 adoption of this ordinance:
23
24 ALL THAT certain piece or parcel of land situate, lying and
25 being in the City of Virginia Beach, Virginia, designated and
26 described as "PROPOSED STREET CLOSURE EUCLID
27 ROAD (FORMERLY BROAD CREEK ROAD) 60' R/W(M.B. 4,
28 PG. 62) (5,878.3 SF OR 0.135 AC)", shown as the hatched
29 area on that certain street closure exhibit entitled: "STREET
30 CLOSURE EXHIBIT OF 5,878.3 SQUARE FEET OF EUCLID
31 ROAD VIRGINIA BEACH, VIRGINIA FOR 5073 VIRGINIA
32 BEACH BLVD. LLC.", Scale: 1" = 30', dated February 27,
33 2017, prepared by WPL, a copy of which is attached hereto as
34 Exhibit A.
35
36 SECTION II
37
38 The following conditions must be met on or before one (1) year from City
39 Council's adoption of this ordinance:
40
41 1. The City Attorney's Office will make the final determination regarding
42 ownership of the underlying fee. The purchase price to be paid to the City shall be
43 determined according to the "Policy Regarding Purchase of City's Interest in Streets
44 Pursuant to Street Closures," approved by City Council.
45
46 No GPIN (Public Right-of-Way)
47 (Adjacent GPIN: 1467-85-8567)
48 2. The Applicant shall resubdivide the property and vacate internal lot lines to
49 incorporate the Right-of-Way into the adjoining parcel. The subdivision plat shall be
50 submitted and approved for recordation prior to the final street closure approval.
51
52 3. A public sanitary sewer gravity main is located within the Right-of-Way.
53 These utilities must either be relocated to the new property line or an easement
54 (satisfactory to the City's Department of Public Utilities) must be dedicated to the City of
55 Virginia Beach. A variance to Section 2.3.6 of the Public Utilities Design Standards
56 Manual will be required prior to the dedication of a public utility easement.
57
58 4. Public water meters are located within the Right-of-Way. These meters
59 must either be relocated to the new property line or an easement (satisfactory to the
60 City's Department of Public Utilities) must be dedicated to the City of Virginia Beach. A
61 variance to Section 2.3.6 of the Public Utilities Design Standards Manual will be
62 required prior to the dedication of a public utility easement. A planting island with
63 landscaping material (satisfactory to the City's Landscape Architect) must be located
64 over the water meters if they are not relocated.
65
66 5. The Applicant shall verify that no private utilities exist within the Right-of-
67 Way. If private utilities do exist, easements satisfactory to the utility company must be
68 provided.
69
70 6. Closure of the Right-of-Way shall be contingent upon compliance with the
71 above stated conditions within 365 days of approval by City Council. If the conditions
72 noted above are not accomplished and the final plat is not approved within one year of
73 the City Council approval, said approval shall be considered null and void.
74
75 SECTION III
76
77 1. If the preceding conditions are not fulfilled on or before September 4,
78 2018, this Ordinance will be deemed null and void without further action by the City
79 Council.
80
81 2. If all conditions are met on or before September 4, 2018, the date of final
82 closure is the date the street closure ordinance is recorded by the City Attorney.
83
84 3. In the event the City of Virginia Beach has any interest in the underlying
85 fee, the City Manager or his designee is authorized to execute whatever documents are
86 requested, if any, to convey such interest, provided said documents are approved by
87 the City Attorney's Office.
88
89 SECTION IV
90
91 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit
92 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
93 VIRGINIA BEACH as "Grantor" and "5073 VIRGINIA BEACH BLVD., L.L.C." as
94 "Grantee".
95 Adopted by the Council of the City of Virginia Beach, Virginia, on this 5th day
96 of September 2017.
THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS
OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Al - LeAu4 wit/414
• .`ningDep:rtment City Attorney
CA13992
vbgwrom'-04SiAppbwilom.N ylzw vm Rqm ml 2 wWoazW s P028.9939:::2.ma
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August 24, 2017
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WILLIAM p.SESSOMS.JR. MUNICIPAL CENTER
MAYOR BUILDING I
In Reply Refer to 0061300 VIRGINIAIBEAACN VA zx5SReoryo0
V57)385-4581
FAX(757)385-5699
wsessoms 0vbgov corn
September 5, 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:
I. I am executing this written disclosure regarding City Council's discussion and vote
on an ordinance approving the application of 5073 Virginia Beach Blvd., L.L.C.
for the closure of a portion of Euclid Road adjacent to 5073 Virginia Beach
Boulevard.
2. The applicant has disclosed that TowneBank is a financial services provider with
respect to this transaction.
3. I have a personal interest in TowneBank, which is located at 600 22"d 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,inL._--
William D. Sessoms
Mayor
WDS/RRI
71
Item-VII-1.7a
ORDINANCES/RESOLUTIONS
ITEM#67369
Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's
property, known as Bass Inlet-East,for Joy M. Gianvittorio and Richard G. McClelland re a pier at
2812 Bluehill Drive DISTRICT— 7 PRINCESS ANNE
ITIS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA
Ordinance to AUTHORIZE a temporary encroachment into a
portion of the City's property, known as Bass Inlet-East,for Joy
M. Gianvittorio and Richard G.McClelland re a pier at 2812
Bluehill Drive (GPIN 2433267133)DISTRICT-7 PRINCESS
ANNE
The following conditions shall be required:
1. Nothing herein shall prohibit the City from immediately removing, or ordering the
Grantee to remove, all or any part of the Temporary Encroachment from the
Encroachment Area in the event of an emergency or public necessity and Grantee
shall bear all cost and expense of such removal.
2. It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and within thirty
(30) days after the notice is given, the Temporary Encroachment must be removed
from the Encroachment Area by the Grantee; and the Grantee will bear all cost and
expense of such removal
3. It is further expressly understood and agreed the Grantee shall indemn , hold
harmless and defend the City, its agents and employees,from and against all claims,
damages, losses and expenses, including reasonable attorney's fees, in case it shall be
necessary to file or defend an action arising out of the construction, location or
existence of the Temporary Encroachment.
4. It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited
extent specified herein nor to permit the maintenance and construction of any
encroachment by anyone other than the Grantee.
5. It is further expressly understood and agreed the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
6. It is further expressly understood and agreed the Grantee must obtain and keep in
effect liability insurance with the City as a named insured in an amount not less than
Five-Hundred Thousand Dollars ($500,000.00) per person injured and property
damage per incident, combined, with the City listed as an additional insured. The
company providing the insurance must he registered and licensed to provide
insurance in the Commonwealth of Virginia. The Grantee will provide endorsements
providing at least thirty (30) days written notice to the City prior to the cancellation
or termination of or material change to, any of the insurance policies. The Grantee
assumes all responsibilities and liabilities, vested or contingent, with relation to the
construction, location and/or existence of the Temporary Encroachment.
September 5, 2017
72
Item -VII-L 7a
ORDINANCES/RESOLUTIONS
ITEM#67369
(Continued)
7. It is further expressly understood and agreed that the Temporary Encroachment must
conform to the minimum setback requirements as established by the City.
R. It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and
charge the cost thereofto the Grantee, and collect the cost in any manner provided by
law for the collection of local or state taxes; may require the Grantee to remove the
Temporary Encroachment;pending such removal, the City may charge the Grantee
for the use of the Encroachment Area, the equivalent of what would be the real
property tax upon the land so occupied if it were owned by the Grantee; if such
removal shall not be made within the time ordered hereinabove by this Agreement, the
City may impose a penalty in the sum of One Hundred Dollars ($100.00)per day for
each; and, every day that the Temporary Encroachment is allowed to continue
thereafter may collect such compensation and penalties in any manner provided by
law for the collection of local or state taxes.
This Ordinance shall be effective in accordance with Section 107(69 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, Fifth day of September, 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 K Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
September 5, 2017
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT INTO
5 A PORTION OF THE CITY PROPERTY
6 KNOWN AS BASS INLET - EAST
7
8 WHEREAS, Joy M. Gianvittorio and Richard G. McClelland desire to remove
9 an existing pier and to construct and maintain a proposed pier (10' x 23') upon the City's
10 property know as Bass Inlet- East, located at the rear of 2812 Bluebill Drive.
11
12 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
13 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
14 the City's property subject to such terms and conditions as Council may prescribe.
15
16 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18
19 That pursuant to the authority and to the extent thereof contained in§§ 15.2-
20 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Joy M. Gianvittorio and Richard
21 G. McClelland, their heirs, assigns and successors in title are authorized to remove an
22 existing pier and to construct and maintain a proposed pier (10' x 23') upon the City's
23 property known as Bass Inlet -East as shown on the map entitled: "Exhibit "A"-
24 Encroachment for Richard McClelland &Joy M. Gianvittorio 2812 Bluebill Drive,"prepared
25 by Professional Construction Consultants, LLC, dated May 15, 2017 and revised July 14,
26 2017, a copy of which is attached hereto as Exhibit "A", and on file in the Department of
27 Public Works and to which reference is made for a more particular description;
28
29 BE IT FURTHER ORDAINED, that the Temporary Encroachment is
30 expressly subject to those terms, conditions and criteria contained in the Agreement
31 between the City of Virginia Beach and Joy M. Gianvittorio and Richard G. McClelland (the
32 "Agreement"), an unexecuted copy of which has been presented to the Council in its
33 agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court of
34 the City of Virginia Beach;
35
36 BE IT FURTHER ORDAINED, that the City Manager or his authorized
37 designee is hereby authorized to execute the Agreement; and
38
39 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
40 such time as Joy M. Gianvittorio and Richard G. McClelland and the City Manager or his
41 authorized designee execute the Agreement.
42
43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th
44 day of September 2017.
1
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
i ill
PUBLIC WORKS, REAL EST�� I s >,/' R H;ff. EVER
(7)- l -1-1 SENIO' C TY ATTORNEY
CA14002
R-1
PREPARED: 7/20/17
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2
r w \
BASS INLET -EAST
PROPOSED 10x23' PIER _T my
x/rcPry 2433 33 N.B. 78 =c. 50
0267
EX. PIER TO BE
REMOVED- 6.8'
(ENCROACHES 5.6"
INTO CAB PROPERTY)
2 - MLW AND MHw REACH
S 10'43'00" E 100.00' - 1O EK. BULKHEAD
_ 35.3' .� I I _ __.
I RX. TIMBER BULKHEAD
L I .,
TURF TURFI I
PROPOSED PIER WILL —MHW�I
ENCROACH AW(. 6.8'
INTO CVB PROPERTY —-N RAAMP
C r -- :
.. [ITI M
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Kir BRIM 4ImmRI Z #2812 TURF 6 LOT 6
2608 BLUEBILL BMYE tn N/F BRYANWHITE
GAIN. 2433 26 6292 - 2816 BLUEBILL BRAE
O%N: 2433 26 7064
3
L-_I• -...r. 0
CONC. GRAVEL
DRIVE, DRIVE UI
LOT 5
M.GAIN, 2'w 26 7133 . r1'1H �F
PN (F) (,.....1
/
_. Z.
BLUEBILL
N 1b43'00" W 100.00'
BLUEBILL DRIVE a RICHARD T. BARRETT >
50' R/W Lic. Na 18335
This site plan is based on plot recorded in JULY 14, 2017 CL
(CVB) M.B. 78, Pg. 50 and was prepared kiCN
without the benefit of o title search. ��
0 30' 60' REV 7/14/2017 SS/°NAL EN
IIM— M. EXHIBIT "A" — ENCROACHMENT
1" = 30' FOR
ZONING: R-15 RICHARD G. McCLELLAND & JOY M. GIANVITTORIO
2812 BLUEBILL DRIVE
ENGINEERING 6CRNOF5 PROVIDED.BY:
PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC.
\ /
NamathNE, (757)773-5084 h RCK P -LLc. MAY 15, 2017 SHEET 1 OF 1
PREPARED BY VIRGINIA BEACH
CITY ATTORNEYS OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C)(4)
THIS AGREEMENT, made this O day of 2CS 201 7 , by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and Joy M. Gianvittorio and Richard G.
McClelland, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE, "Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot Five (5),"; as shown on that certain plat entitled:
"Revised Plat Sandbridge Shores, Section 1-A, North Area Princess Anne Borough,
Virginia Beach, Virginia" , prepared by Palmer L. Smith C.L.S, and dated December 1,
1965, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book 78, at page 50, and being further designated,
known, and described as 2812 Bluebill Drive, Virginia Beach, Virginia 23456;
WHEREAS, it is proposed by the Grantee to remove existing pier and
construct and maintain a proposed pier (10' x 23'), the "Temporary Encroachment", in
the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
City property known as Bass Inlet - East the "Encroachment Area"; and
GPIN: 2433-33-0267(CITY PROPERTY — BASS INLET - EAST)
GPIN: 2433-26-7133(2812 BLUEBILL DRIVE)
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT 'A' —
ENCROACHMENT FOR RICHARD MCCLELLAND & JOY
M. GIANVITTORIO 2812 BLUEBILL DRIVE" prepared by
Professional Construction Consultants, LLC, dated May 15,
2017 and revised July 14, 2017, a copy of which is attached
hereto as Exhibit "A" and to which reference is made for a
more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
7
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must
obtain and keep in effect liability insurance with the City as a named insured in an
amount not less than $500,000.00 per person injured and property damage per incident,
combined, with the City listed as an additional insured. The company providing the
insurance must be registered and licensed to provide insurance in the Commonwealth
of Virginia. The Grantee will provide endorsements providing at least thirty (30) days
written notice to the City prior to the cancellation or termination of, or material change
to, any of the insurance policies. The Grantee assumes all responsibilities and
liabilities, vested or contingent, with relation to the construction, location, and/or
existence of the Temporary Encroachment.
3
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Joy M. Gianvittorio and Richard G. McClelland,
the said Grantee, have caused this Agreement to be executed by their signatures.
Further, that the City of Virginia Beach has caused this Agreement to be executed in its
name and on its behalf by its City Manager and its seal be hereunto affixed and attested
by its City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
4
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 201_, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
201_, by CITY
CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, on its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
5
By
Joy M. 4fforio, Owr
By62-‘) 011
Richard G. McClelland, Owner
STATE OF f
CITY/COUNTY OF \1 th9 rk to-wit:
((''��
The foregoing instrument was acknowledged before me this-31:i day of
00,10 UST , 2017 by Joy M. Gianvittorio. ///������
/ 1'a,�, RR (SEAL)
Notary Pu clic
Notary Registration Number: a I (.073
My CommissionExpires: 'I oPrtir 31 o c-O
STATE OF \ I ' �,,` r �
Li
CITY/COUNTY OFy (Illfl 2124(6-wit:
The foregoing instrument was acknowledged before me this., day of
CUA (r57 , 2012, by and Richard G. McClel - d.
�_ 1 (SEAL)
Notary Pur is
Notary Registration Number: 762./ (e73
My Commission Expiresa)(0. y)hpf 31,0-4,10
6
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
c> \QTXT-� �i_
SIGNATURE 7 - 17 ' ' '. ' EVER,
ASSOCIATE CITY ATTORNEY
DEPARTMENT
7
BASS INLET -EAST ,
PROPOSED 10'x23' PIER -�
N/FOPm 24Or 1 33OI 0267X M B 78 PC. 50
EX. PIER TO BE \
REMOVED- 6.8'
(ENCROACHES 5.6(
INTO C/6 PROPIDT(10
MLW AND MHW REACH
S 10'43'00" E 100.00' 'azo EX. BULKHEAD
35.3 �_
E Ex. TIMBER BULKHEAD --SAL I
TURF TURF L
PROPOSED PIER WILL I 'H
ENCROACH MAX. 6.8'
I
INTO CVB PROPERTY _
in-
I GRAVEL
MP
--iiii.
00.
o
I1 ilIIi8B11111I TURF
Eu12 STY DECK
8
EYE i LOT 4 2 STORY FRAME B
N/F BRIM 6UIM}I Z #2812 TURF Pd LOT 6
2806 OLLcalu OWE11
IRE
GPM: 2433 26 6201 - N16 _UE6YAN . DRI
• OPIE BLUEBELL 7064
OPINE 2433 28 7064
3
• 1
A
CONE. GRAVE In
1 DEM, DRIVE m
LOT S r
GPM 2433 26 7133 IrlII i ����pa_11 �F
— N 1043'00" W 110000' i,_ PIN (F)
BLUEBILL DRIVE 0 RICHARD T. BARRETT >
50' R/W Lic. No. 18335
This site plan is based on plat recorded in K3 JULY 14, 2017A.
0
(CVB) M.B. 78, Pg. 50 and was prepared
without the benefit of a title search. FsG\�
0 30' 60' REV 7/14/2017 S/0NAL EN
IMM- �-- EXHIBIT "A" - ENCROACHMENT
r = 30'
FOR
ZONING: R-15 RICHARD G. MCCLELIAND & JOY M. GIANVITTORIO
2812 BLUEBILL DRIVE
EMCNESMW SLWfl5 PRO.tlm Br'.
PROFESSIONAL CONSTRUCTION CONSULTANTS. LLC.
PHOt (767) 773-0064 aux: RILx.P6c_LLCCOW MAY 15, 2017 SHEET 1 OF 1
73
Item -VII-I.76
ORDINANCES/RESOLUTIONS
ITEM#67370
Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's
property, known as Black Duck Inlet, for Marshall H. Groom, Jr. re a marginal wharf at 305 Back Bay
Crescent
IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance to AUTHORIZE a temporary encroachment into a
portion of the City's property, known as Black Duck Inlet,for
Marshall H. Groom, Jr. re a marginal wharf at 305 Back Bay
Crescent(GPIN 2433323399)DISTRICT—7 PRINCESS ANNE
The following conditions shall be required:
I. Nothing herein shall prohibit the City from immediately removing, or ordering the
Grantee to remove, all or any part of the Temporary Encroachment from the
Encroachment Area in the event of an emergency or public necessity and Grantee
shall bear all costs and expenses of such removal.
2. It is further expressly understood and agreed the Temporary Encroachment herein
authorized terminates upon notice by the City to the Grantee, and within thirty (30)
days after the notice is given, the Temporary Encroachment must he removed from the
Encroachment Area by the Grantee; and the Grantee will bear all costs and expenses
of such removal.
3. It is further expressly understood and agreed the Grantee shall indemniff, hold
harmless and defend the City, its agents and employees,from and against all claims,
damages, losses and expenses, including reasonable attorney's fees, in case it shall be
necessary to file or defend an action arising out of the construction, location or
existence of the Temporary Encroachment.
4. It is further expressly understood and agreed nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited
extent specified herein, nor to permit the maintenance and construction of any
encroachment by anyone other than the Grantee.
5. It is further expressly understood and agreed the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
6. It is further expressly understood and agreed the Grantee must obtain and keep in
effect liability insurance with the City as a named insured in an amount not less than
Five-Hundred Thousand Dollars ($500,000.00) per person injured and property
damage per incident, combined, with the City listed as an additional insured. The
company providing the insurance must be registered and licensed to provide
insurance in the Commonwealth of Virginia. The Grantee will provide endorsements
providing at least thirty (30) days written notice to the City prior to the cancellation
or termination of, or material change to, any of the insurance policies. The Grantee
assumes all responsibilities and liabilities, vested or contingent, with relation to the
construction, location and/or existence of the Temporary Encroachment.
7. It is further expressly understood and agreed the Temporary Encroachment must
conform to the minimum setback requirements as established by the City.
September 5, 2017
74
Item-VII-7.76
ORDINANCES/RESOLUTIONS
ITEM#67370
(Continued)
8. It is further expressly understood and agreed the Grantee must submit for review and
approval, a survey of the Encroachment Area, certified by a Registered Professional
Engineer or a Licensed Land Surveyor and/or "as built"plans of the Temporary
Encroachment sealed by a Registered Professional Engineer, if required by either the
Department of Public Works, City Engineer's Office or the Engineering Division of
the Department of Public Utilities.
9. It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and
charge the cost thereof to the Grantee, and collect the cost in any manner provided by
law for the collection of local or state taxes; may require the Grantee to remove the
Temporary Encroachment; pending such removal, the City may charge the Grantee
for the use of the Encroachment Area, the equivalent of what would be the real
property tax upon the land so occupied if it were owned by the Grantee; if such
removal shall not be made within the time ordered hereinabove by this Agreement, the
City may impose a penalty in the sum of One Hundred Dollars ($100.00)per day for
each; and, every day that the Temporary Encroachment is allowed to continue
thereafter may collect such compensation and penalties in any manner provided by
law for the collection of local or state taxes.
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, Fifth day of September, 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 Absent:
None
Council Members Abstaining:
Mayor William D. Sessoms,Jr.
September 5, 2017
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT INTO
5 A PORTION OF THE CITY PROPERTY
6 KNOWN AS BLACK DUCK INLET,
7 LOCATED AT THE REAR OF 305
8 BACK BAY CRESCENT
9
10 WHEREAS, Marshall H. Groom, Jr. desires to construct and maintain a
11 marginal wharf(8'x 16') upon the City's property known as Black Duck Inlet, located at the
12 rear of 305 Back Bay Crescent.
13
14 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
15 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
16 the City's property subject to such terms and conditions as Council may prescribe.
17
18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20
21 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Marshall H. Groom, Jr., his
23 heirs, assigns and successors in title are authorized to construct and maintain a marginal
24 wharf (8' x 16') in the City's property as shown on the plat entitled: "EXHIBIT "A"
25 ENCROACHMENT REQUEST FOR: MARSHALL H. GROOM, JR. LOT 41, BACK BAY
26 MEADOWS REVISED 07-25-2017" prepared by Sigma Environmental Services, Inc.,
27 dated May 19, 2017 and noted as "Sheet 2 of 3", a copy of which is on file in the
28 Department of Public Works and to which reference is made for a more particular
29 description; and
30
31 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly
32 subject to those terms, conditions and criteria contained in the Agreement between the City
33 of Virginia Beach and Marshall H. Groom, Jr. (the "Agreement"), an unexecuted copy of
34 which has been presented to the Council in its Agenda and it will be recorded among the
35 records of Clerk's Office of the Circuit Court of the City of Virginia Beach; and
36
37 BE IT FURTHER ORDAINED, that the City Manager or his authorized
38 designee is hereby authorized to execute the Agreement; and
39
40 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
41 such time as Marshall H. Groom, Jr. and the City Manager or his authorized designee
42 execute the Agreement.
1
43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th
44 day of Sentember, 2017
CA- 13999
R-1
PREPARED: 8/2/17
\\vbgov.cam\dfsl\applications\citylawprod\cycom32\wpdocs\d029\p024\00382146.doc
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
• . EN�Y AND FORM
C4kt. Aff
'i:Ll ORKS, REAL ESTATE i'7Ts As-MEYER
S s OR CITY ATTORNEY
2
PLAN VIEW
ri
SCALE: 1" = 30'
BLACK DUCK INLET
/ CITY OF VIRGINIA BEACH WATERWAY WIDTH
APPRO%. 140' FLOOD
41 4 7' EBB
601'AT BULKHEAD CORNER 22 \� ssr 4V 75 14
•
5.0' __
--ill-- C- _-.
2 .._____ EXISTING BULKHEAD
PROPOSED 8'X 16'
MARGINAL WHARF
ill '
11
2 Sty.SFR
b
305
LOT 40 LICHTY 11111111111111
H.
INS #20D11200193
INS.#200311200193238
GPIN:2433-32-5429 IIIIMIIIIII
LANDWARD LIMITS OF LOT 42
STEVEN T.HAMMER
a 15'RIPARIAN BUFFER INS.#20110805000793420
R j GPIN:2433-32-3304
o ✓) LOT41
w w INS.#20150720000685890
w 0 GPIN:2433-32-3399
0 ¢ MB 67,P.45
z
O 0
U p
0
J
K
F
z
Z
0 N6 41 F 13500
APPROX.210 TO
il SAND BEND ROAD
BACK BAY CRESCENT (50' R/W)
T SIGMA ENVIRONMENTAL SERVICES.INC.
1513 SANDBRIDGE ROAD
VIRGINIA BEACH,VIRGINIA 23456
1757)615-9974
EXHIBIT"A" PROJECT: MARGINAL WHARF
ENCROACHMENT REQUEST
FOR:MARSHALL H. GROOM,JR I WATERWAY: BLACK DUCK INLET DATUM: 0.00'MLW=-0.4' 1929 NVGD
LOT 41,BACK BAY MEADOWS
REVISED:7-25-2017
DATE: MAY 19,2017 SHEET 2 OF 3
PREPARED BY VIRGINIA BEACH
CITY ATTORNEYS OFFICE(BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C)(4)
THIS AGREEMENT, made this va- day of 44.e
JL!/ , 201 7 , by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and Marshall H. Groom, Jr., HIS HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot 41, Section 3, Back Bay Meadows Subdivision";
as shown on that certain plat entitled: "Section 3, Back Bay Meadows, Property of North
Bay Development Corporation, Princess Anne Borough, Virginia Beach, Virginia", dated
July 16, 1964 prepared by W. B. Gallop, which said plat is recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 45,
and being further designated, known, and described as 305 Back Bay Crescent, Virginia
Beach, Virginia 23456;
WHEREAS, it is proposed by the Grantee to construct and maintain a
marginal wharf (8' x 16'), the "Temporary Encroachment", in the City of Virginia Beach;
and
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
City property known as Black Duck Inlet the "Encroachment Area"; and
GPIN: 2433-32-2156; (CITY PROPERTY KNOWN AS BLACK DUCK INLET)
GPIN: 2433-32-3399; (305 BACK BAY CRESCENT, VIRGINIA BEACH, VA 23456)
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT "A"
ENCROACHMENT REQUEST FOR: MARSHALL H.
GROOM, JR. LOT 41, BACK BAY MEADOWS REVISED 7-
25-2017" prepared by Sigma Environmental Services, Inc.,
dated May 19, 2017, a copy of which is attached hereto as
Exhibit "A" and to which reference is made for a more
particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
2
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00 per person injured and property damage per incident, combined,
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. The
Grantee will provide endorsements providing at least thirty (30) days written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location, and/or existence of the Temporary
Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
3
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered professional engineer, if required
by either the Department of Public Works City Engineer's Office or the Engineering
Division of the Department of Public Utilities.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Marshall H. Groom, Jr., the said Grantee, has
caused this Agreement to be executed by his signature. Further, that the City of Virginia
Beach has caused this Agreement to be executed in its name and on its behalf by its
City Manager and its seal be hereunto affixed and attested by its City Clerk.
4
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 201_, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
201_, by CITY
CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, on its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
5
By I a
Mar. all H. Groom, Jr., Owner
STATE OF
CITY/COUNTY OF \l' ft;T ,yy% , to-wit:
O �t v
The foregoing instrument was acknowledged before me this yr day of
Rork , 201n, by Marshall H. Groom, Jr. ` \\
�i�--- (SEAL)
pta Public
Notary Registration Number: 1Zil- Bl6 JACQUELINE S.SPROUSE
NOTARY PUBLIC
COMMONWEALTH OF MOM
My Commission Expires: 'Pr cA 40� ZW MY COM COMMISSION
IXNI7 4870APRN .2018
CSBONiEXFIRES NR0
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
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SENIOR CITY ATTORNEY
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6
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1513 SANDBRIDGE ROAD
VIRGINIA BEACH,VIRGINIA 23456
057)615-9974
EXHIBIT"A" PROJECT: MARGINAL WHARF
LOT 41,BACK BAY MEADOWS
ENCROACHMENT REQUEST
FOR:MARSHALL H.GROOM,JR. WATERWAY: BLACK DUCK INLET DATUM: 0.00'MLW=-04' 1929 NVGD
REVISED:]-25-201]
DATE: MAY 19,2017 SHEET 2 OF 3
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WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER
MAYOR BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH.VA 23456-9000
p57)3054561
In Reply Refer to 0061302 FAX(757)3355699
wsessomsevbg0v.cOn
September 5, 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 an ordinance to authorize a temporary encroachment into a portion of City
property known as Black Duck Inlet, located at the rear of 305 Back Bay Crescent.
2. The applicant has disclosed that TowneBank is a financial services provider with
respect to this transaction.
3. I have a personal interest in TowneBank, which is located at 600 22' 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,
William D. Sessoms
Mayor
WDS/RRI
75
Item-Vu -L7c
ORDINANCES/RESOLUTIONS
ITEM#67371
Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's
property, known as Lake Holly, by Lake Holly East, a Condominium, on behalf of Unit and Owners'
Association re a bulkhead and pier DISTRICT—6 BEACH
IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance to AUTHORIZE a temporary encroachment into a
portion of the City's property known, as Lake Holly, by Lake
Holly East, a Condominium, on behalf of Unit and Owners'
Association re a bulkhead and pier (GPIN 2427136818)
DISTRICT—6 BEACH
The following conditions shall be required:
1. Providing however, nothing herein shall prohibit the City from immediately removing,
or ordering the Grantee to remove, all or any part of the Temporary Encroachment
from the Encroachment Area in the event of an emergency or public necessity and
Grantee shall bear all costs and expenses of such removal.
2. It is further expressly understood and agreed the Temporary Encroachment herein
authorized terminates upon notice by the City to the Grantee, and within thirty (30)
days after the notice is given, the Temporary Encroachment must be removed from the
Encroachment Area by the Grantee; and the Grantee will bear all costs and expenses
of such removal.
3. It is further expressly understood and agreed the Grantee shall indemnify, hold
harmless and defend the City, its agents and employees,from and against all claims,
damages, losses and expenses, including reasonable attorney's fees, in case it shall be
necessary to file or defend an action arising out of the construction, location or
existence of the Temporary Encroachment.
4. It is further expressly understood and agreed nothing herein contained shall he
construed to enlarge the permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited
extent specified herein, nor to permit the maintenance and construction of any
encroachment by anyone other than the Grantee.
5. It is further expressly understood and agreed the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
6. It is further expressly understood and agreed the Grantee must obtain and keep in
effect liability insurance with the City as a named insured in an amount not less than
Five-Hundred Thousand Dollars ($500,000.00) per person injured and property
damage per incident, combined, with the City listed as an additional insured. The
company providing the insurance must be registered and licensed to provide
insurance in the Commonwealth of Virginia. The Grantee will provide endorsements
providing at least thirty (30) days written notice to the City prior to the cancellation
or termination of or material change to, any of the insurance policies. The Grantee
assumes all responsibilities and liabilities, vested or contingent, with relation to the
construction, location and/or existence of the Temporary Encroachment.
September 5, 2017
76
Item-VII-I..7.,
ORDINANCES/RESOLUTIONS
ITEM#67371
(Continued)
7. It is further expressly understood and agreed the Temporary Encroachment must
conform to the minimum setback requirements as established by the City.
8. It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so ranted, may remove the Temporary Encroachment and
charge the cost thereof to the Grantee, and collect the cost in any manner provided by
law for the collection of local or state taxes; may require the Grantee to remove the
Temporary Encroachment; and pending such removal, the City may charge the
Grantee for the use of the Encroachment Area, the equivalent of what would be the
real property tax upon the land so occupied if it were owned by the Grantee; and if
such removal shall not be made within the time ordered hereinabove by this
Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each; and, every day that the Temporary Encroachment is
allowed to continue thereafter may collect such compensation and penalties in any
manner provided by law for the collection of local or state taxes.
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, Fifth day of September, Two
Thousand Seventeen.
Voting: 11-0
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. Giffin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
September 5, 2017
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF THE CITY
6 PROPERTY KNOWN AS LAKE HOLLY
7 BY LAKE HOLLY EAST, A
8 CONDOMINIUM.
9
10 WHEREAS, Lake Holly East, through its Unit Owners' Association (the
11 "Applicant")desires to remove an existing 6.5' x 17.5' pier, maintain an existing bulkhead
12 encroaching a maximum of 3.2' into City of Virginia Beach property, construct and maintain
13 a proposed 253' timber or vinyl bulkhead and construct and maintain a proposed 8' x 18'
14 pier, all upon the City's property known as Lake Holly, located adjacent to 401, 403 &405
15 Erle Crescent collectively (the "Temporary Encroachments"); and
16
17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
19 the City's property subject to such terms and conditions as Council may prescribe.
20
21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23
24 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Lake Holly East, a
26 Condominium, its assigns and successors in title are authorized to remove an existing 6.5'
27 x 17.5' pier, maintain an existing bulkhead encroaching a maximum of 3.2' into City
28 property, construct and maintain a proposed 253' timber or vinyl bulkhead and construct
29 and maintain a proposed 8' x 18' pier, all upon the City's property known as Lake Holly as
30 shown on the plat entitled: "EXHIBIT"A"- ENCROACHMENT FOR LAKE HOLLY EAST,A
31 CONDOMINIUM," prepared by Professional Construction Consultants, LLC., dated June
32 12, 2017, a copy of which is attached hereto as Exhibit"A"and on file in the Department of
33 Public Works and to which reference is made for a more particular description; and
34
35 BE IT FURTHER ORDAINED, that the Temporary Encroachments are
36 expressly subject to those terms, conditions and criteria contained in the Agreement
37 between the City of Virginia Beach and Lake Holly East, a Condominium (the
38 "Agreement"), an unexecuted copy of which has been presented to the Council in its
39 agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court of
40 the City of Virginia Beach;
41
42 BE IT FURTHER ORDAINED, that the City Manager or his authorized
43 designee is hereby authorized to execute the Agreement; and
1
44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
45 such time as Lake Holly East, a Condominium and the City Manager or his authorized
46 designee execute the Agreement.
47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day of
48 September 2017
CA-43037. 4 39 8 6
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2
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ENGINEERING SERVICES PRPIDED EN:
PROFESSIONAL CONSTRUCTION CONSULTANTS. LLC.
PHONE: ow) 773-8084 01Mb RCKOPCC-LLC.CON JUNE 12, 2017 SHEET 1 OF 1
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C)(4)
THIS AGREEMENT, made thiso2 da of 201 b
Y �. Y
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and LAKE HOLLY EAST, A
CONDOMINIUM, ITS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even
though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lots No. 1, 2, 3, 4 & 5 in Block No. A "; as shown on
that certain plat entitled: "PHYSICAL SURVEY AND SITE PLAN OF LAKE HOLLY
EAST, A CONDOMINIUM 401, 403 & 405 ERLE CRESCENT VIRGINIA BEACH
BOROUGH — VIRGINIA BEACH, VIRGINIA" dated June 12, 1979 and prepared by
Rouse-Sirine Associated LTD, which said plat is recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia in Map Book 139, at page 42, and
being further designated, known, and described as Erle Crescent, Virginia Beach,
Virginia 23451;
WHEREAS, it is proposed by the Grantee to remove an existing 6.5' x
17.5' pier, maintain a 47' bulkhead encroaching a maximum of 3.2' into City of Virginia
Beach property, construct and maintain a proposed 253' timber or vinyl bulkhead and
GPIN: 2427-23-1671- City Property known as Lake Holly
GPIN: 2427-13-6818 - ERLE CRESCENT, VIRGINIA BEACH, VA 23451
construct and maintain a proposed 8' x 18' pier, collectively the "Temporary
Encroachment", in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
City property known as Lake Holly the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT "A" -
ENCROACHMENT FOR LAKE HOLLY EAST A
CONDOMINIUM," dated June 12, 2017, prepared by
Professional Construction Consultants, LLC, a copy of which
is attached hereto as Exhibit "A" and to which reference is
made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
2
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00 per person injured and property damage per incident, combined,
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. The
3
Grantee will provide endorsements providing at least thirty (30) days written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location, and/or existence of the Temporary
Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
r.iay charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, LAKE HOLLY EAST, A CONDOMINIUM, the
said Grantee, has caused this Agreement to be executed by Teresa Rice, President of
said condominiums, with due authority to bind said Grantee. Further, that the City of
4
Virginia Beach has caused this Agreement to be executed in its name and on its behalf
by its City Manager and its seal be hereunto affixed and attested by its City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 201_, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
On its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
201 , by CITY
CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, on its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
Lake Holly East, a Condominium
By /`-r-te (SEAL)
Teresa Rice, President of
Unit Owners' Association
STATE OF /
CITY/COUNTY OF ; 'a,.(�! , to-wit:
6
The foregoing instrument was acknowledged before me this (9 6 day of
9
„(, , 201 , by Teresa Rice, Preside Lake Holly East, a Condominium.
--42.1 /6 / (SEAL)
Notary Public
CHARLOTTE PANTHER
1 Fes, y NOTARY PUBLIC
6 i. A REGISTRATION 0 113736
.7 ` ii• /COMMONWEALTH OF VIRGINIA
Notary Registration Number: //3 7/ , MY COMMISSION EXPIRES
SEPTEMBER 30,1011
My Commission Expires: 9 - „Yo - /7
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
l �j7
SIGNATURE E • -tr'. UARMEYER
SENIOR CITY ATTORNEY
i taTh
DEPARTMENT
7
This elle pan is based on plat recorded In s
LAKE HOLLY (CNN M.S. 139. Pa. 42 and was prepared
PROPOSED BULKHEAD WILL Without the benefit of a title arcn. a a1
marsh. K
ENCROACH MAX. 3.8' N/F CITY VIRGINIA BEACH i1�H
INTO CVB PROPERTY 700 PACIFIC AVENUE
PROPOSED PIER WIL4 GPIN. 2427 23 167 N
ENCROACH MM. 9.5 M.B. 139 PC. 42
INTO CVB PROPERTY
b.'" PROPOSED 253' 71MBER OR Wit BULKHEAD
10 real, �'PROPOSED B'x1B' PIER
'NNNNN
NRI rREMOVE EX.
Be, yT 6.5'x17.5' PIER HESHE(ENCROACs.
INTO CRR Rrct
#405
mm<- B1
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0 CD •8
In TWO STORY BRICKASPHALT
1 I� - PARKING AREA /
o �_ 3.8'
14
•
/403 . TWO STORY BRICK ' EX. BULKHEAD
ENCROACHES MAX. 32'
A401 INTO CVB PROPERIY S
ID
N%4 OA' / I LOTS 1.2.3.4.5
Q� I /d M_H. 139 PG. 42 O
w.Ia GPIN: 2427 13 6818 1 2
:r` A. I f P'S j .
o RICH 'I T. BARTLEfh 825E5 E 150.00` -/1 II
Lic. No. 18335
JUNE 12, 2017 MARYLAND AVE(E
"P (A`"
0 50' RAW
FSS1�NAL E\� �
0 30' 60'
EXHIBR 'A' — ENCROACHMENT
1" = 30' FOR
ZONING; A-36 LAKE HOLLY EAST. A CONDOMINIUM
fl4WEEMMO SERUG6 PROVIDED BY:
PROFESSOR*/ CONSTRUCTION CONSULTANTS. LLC.
WRNS (757)773-5773-50,34epHui RPaev -LW.COM JUNE 12, 2017 SHEET 1 OF 1
77
Item-VII4.7d
ORDINANCES/RESOLUTIONS
ITEM#67372
Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's
property, known as Lake Holly,for Lewis Schein and Sandra Harvey re a floating pier at 312 Arctic
Crescent DISTRICT—6 BEACH
ITIS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance to AUTHORIZE a temporary encroachment into a
portion of the City's property, known as Lake Holly,for Lewis
Schein and Sandra Harvey re a floating pier at 312 Arctic
Crescent(GPIN 2427152967)DISTRICT—6 BEACH
The following conditions shall be required:
1. Nothing herein shall prohibit the City from immediately removing, or ordering the
Grantee to remove, all or any part of the Temporary Encroachment from the
Encroachment Area in the event of an emergency or public necessity and Grantee
shall bear all costs and expenses of such removal.
2. It is further expressly understood and agreed the Temporary Encroachment herein
authorized terminates upon notice by the City to the Grantee, and within thirty (30)
days after the notice is given, the Temporary Encroachment must be removed from the
Encroachment Area by the Grantee; and the Grantee will bear all costs and expenses
of such removal.
3. It is further expressly understood and agreed the Grantee shall indemnify, hold
harmless and defend the City, its agents and employees, from and against all claims,
damages, losses and expenses, including reasonable attorney's fees, in case it shall be
necessary to file or defend an action arising out of the construction, location or
existence of the Temporary Encroachment.
4. It is further expressly understood and agreed nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited
extent specified herein, nor to permit the maintenance and construction of any
encroachment by anyone other than the Grantee.
5. It is further expressly understood and agreed the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
6. It is further expressly understood and agreed the Grantee must obtain a permit from
the Civil Inspections Division of the Department of Planning prior to commencing any
construction within the Encroachment Area(the "Permit").
7. It is further expressly understood and agreed the Grantee must obtain and keep in
effect liability insurance with the City as a named insured in an amount not less than
Five-Hundred Thousand Dollars ($500,000.000), combined single limits. The
company providing the insurance must be registered and licensed to provide
insurance in the Commonwealth of Virginia. The Grantee will provide endorsements
providing at least thirty (30) days written notice to the City prior to the cancellation
or termination of or material change to, any of the insurance policies. The Grantee
assumes all responsibilities and liabilities, vested or contingent, with relation to the
construction, location and/or existence of the Temporary Encroachment.
September 5, 2017
78
Item-VV-L7d
ORDINANCES/RESOLUTIONS
ITEM#67372
(Continued)
8. It is further expressly understood and agreed the Temporary Encroachment must
conform to the minimum setback requirements as established by the City.
9. It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and
charge the cost thereof to the Grantee, and collect the cost in any manner provided by
law for the collection of local or state taxes; may require the Grantee to remove the
Temporary Encroachment; and pending such removal, the City may charge the
Grantee for the use of the Encroachment Area, the equivalent of what would be the
real property tax upon the land so occupied if it were owned by the Grantee; and f
such removal shall not be made within the time ordered hereinabove by this
Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each; and, every day that the Temporary Encroachment is
allowed to continue thereafter may collect such compensation and penalties in any
manner provided by law for the collection of local or state taxes.
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, Filth day of September, Two
Thousand Seventeen.
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
September 5, 2017
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF CITY
6 PROPERTY KNOWN AS LAKE HOLLY
7 LOCATED AT THE REAR OF 312
8 ARCTIC CRESCENT
9
10 WHEREAS, Lewis Schein and Sandra Harvey have requested permission
11 to construct and maintain a 5' x 20'floating pier with an attached 5'x 3.33'side floating pier
12 (the "Temporary Encroachments") at the rear of their property located at 312 Arctic
13 Crescent.
14
15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
17 the City's property subject to such terms and conditions as Council may prescribe.
18
19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21
22 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009
23 and 15.2-2107, Code of Virginia, 1950, as amended, Lewis Schein and Sandra Harvey,
24 their heirs, assigns and successors in title are authorized to construct and maintain a 5' x
25 20' floating pier with an attached 5' x 3.33' side floating pier into a portion of the City's
26 property known as Lake Holly as shown on the map entitled: "PHYSICAL SURVEY LOT 4,
27 BLOCK B, MAP NO. 5 OF PROPERTY OF VIRGINIA BEACH DEVELOPMENT CO.(M.B.
28 5 P. 21) VIRGINIA BEACH, VIRIGNIA JUNE 20, 2017 FOR LEWIS SCHEIN & SANDRA
29 HARVEY" dated June 20, 2017 and prepared by DKT Associates, a copy of which is
30 attached hereto as Exhibit"A", and on file in the Department of Public Works and to which
31 reference is made for a more particular description;
32
33 BE IT FURTHER ORDAINED, that the Temporary Encroachments are
34 expressly subject to those terms, conditions and criteria contained in the Agreement
35 between the City of Virginia Beach and Lewis Schein and Sandra Harvey (the
36 "Agreement"), an unexecuted copy of which has been presented to the Council in its
37 agenda, and after execution, will be recorded among the records of the Clerk's Office of
38 the Circuit Court of the City of Virginia Beach;
39
40 BE IT FURTHER ORDAINED, that the City Manager or his authorized
41 designee is hereby authorized to execute the Agreement; and
42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
43 such time as Lewis Schein and Sandra Harvey and the City Manager or his authorized
44 designee execute the Agreement.
1
45
46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th
47 day of September , 2017.
CA-14006
R-1
PREPARED: 07/27/17
\\vbgov.com\dfsi\applications\citylawprod\cycom32\wpdocs\d026\p023\00387808.doc
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
PUBLIC WORKS, REAL E ATE DANA R.;-1A R
l SENIOR CITY ATTORNEY
2
EXHIBIT A
t THE LAND BOUNDARY SURVEY SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY PERFORMED ON JUNE 16,
2017 AND IN COMBINATION WITH THE PLAT(S)AND/OR DEED(S)REFERENCED HEREIN. THIS SURVEY WAS
PERFORMED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT. THE EASEMENTS APPEARING ON THIS SURVEY,IF
ANY,WERE DEPICTED AND/OR NOTED IN THE REFERENCED PLAT(S)AND/OR DEED(S)UNLESS OTHERWISE NOTED.
2. THIS PROPERTY APPEARS TO FALL IN FLOOD ZONE(S)X AND AE(ELEV 8)AS SHOWN ON THE NFIP MAP FOR THE CITY
OF VIRGINIA BEACH, MAP/PANEL 515531 0128 G, EFFECTIVE 01/16/15.
L1 5.00'
L2 6.00'
L3 5.00'
EZ Floating and side Floating Pier L4 20.00'
Lake Holly L7 L5 3.33'
15.6'—�-,-
• _ _�96.> Bo55'0 (TIELINE) Ili9'7tr'`-14.8'- 7_ L6 5.00'
L7 8.33'
/FD '_( L5 I -
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TELE -1.1' L=76.00' R=400.00' PIN (F) --____
PED. ARCTIC CRESCENT (50')
PHYSICAL SURVEY
4c),LTH U7,
I� LOT 4, BLOCK B, MAP NO. 5 OF
DKTAssociates o PROPERTY OF VIRGINIA BEACH
. �, DEVELOPMENT CO, (M.B.5 P.21
LAND SURVEYORS
i.:40..... I
'U �)� N���J SLA �, MAaC 9 VIRGINIA BEACH, VIRGINIA JUNE 2Q 2017
4 Lc. No. 002189 cc. For: LEWIS SCHEIN &SANDRA HARVEY
1100 Granby Street y 6/20/17 o JOB: 14893 Scale: 1"=20'
N
Suite 100 FB: 207 Size: LETTER
Norfolk,VA 23510 O 6
g 1: R N DRAWN: JSO Revised:
DKTAssociates.com Tel (757)588-5888 Se. CHECK: DT Sheet: 1 OF 1
PREPARED BY VIRGINIA BEACH
CITY ATTORNEYS OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C)(4)
cArstm
THIS AGREEMENT, made this Io day of Q,U.('btt . , 2017, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and Lewis SCHEIN and Sandra HARVEY,
THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more
than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot 4, Block B" as shown on that certain plat entitled:
"Map No. 5 of Property of Virginia Beach Development Co. Virginia Beach Princess
Anne County " and said plat is recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia in Map Book 5, at page 21, and being further designated,
known, and described as 312 Arctic Crescent, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to construct and maintain a 5' x
20' floating pier with an attached 5' x 3.33' side floating pier, collectively the "Temporary
Encroachment;" and
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
City property known as Lake Holly, the "Encroachment Area"; and
GPIN: 2427-15-4122 - CITY PROPERTY KNOWN AS LAKE HOLLY
GPIN: 2427-15-2967- 312 Arctic Crescent
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "PHYSICAL
SURVEY LOT 4, BLOCK B, MAP NO. 5 OF PROPERTY
OF VIRGINIA BEACH DEVELOPMENT CO (M.B.5 P.21),
VIRGINIA BEACH, VIRGINIA JUNE 20, 2017 FOR LEWIS
SCHEIN & SANDRA HARVEY", dated June 20, 2017 and
prepared by DKT Associates, a copy of which is attached
hereto as Exhibit "A" and to which reference is made for a
more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
7
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Civil Inspections Division of the Department of Planning prior to
commencing any construction within the Encroachment Area (the "Permit").
It is further expressly understood and agreed that the Grantee must
obtain and keep in effect liability insurance with the City as a named insured in an
amount not less than $500,000.00, combined single limits if such insurance policy or
policies. The Grantee will provide endorsements providing at least thirty (30) days
written notice to the City prior to the cancellation or termination of, or material change
to, any of the insurance policies. The Grantee assumes all responsibilities and
3
liabilities, vested or contingent, with relation to the construction, location, and/or
existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Lewis Schein and Sandra Harvey, the
said Grantee, have caused this Agreement to be executed by their signatures. Further,
that the City of Virginia Beach has caused this Agreement to be executed in its name
and on its behalf by its City Manager and its seal be hereunto affixed and attested by its
City Clerk.
4
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2017, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2017, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
5
By n -
LeWis Schein, Owner
gyia
ands Ha y, caner
STATE OF nt
CITY/COUNTY OF JR Pc f-f , to-wit:
The foregoing instrument was acknowledged before me this lS'day of
2017, by Lewis Schein.
9SEAL)
No y Public
301/Sat `
Notary Registration Number: 1 JOANNE K BERRY
r Notary Public l
My Commission Expires: var Oommomvealth of Virginia r'aG tc l
304820
mosmoomisga1 My Commission Ex ' s Dec.31,2018 i
STATE OF ff
CITY/COUNTY OF VA- .2C/4 , to-wit:
///��� The foregoing instrument was acknowledged before me this {J'day of
l�� 2017, by Sandra Harvey.
SEAL)
t 7 N ry Public
• )�-
Notary Registration Number: 16�`l,'
NNE K BERRY sy
My Commission Expires: ia3l/aJOA
NN NotaryPubiic
Commonwealth of Virginia
304820
My Commission Expires Dec.31,2018
6
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
N.. . ), M �
SIGNATURE D A MEYER,
SENIOR CITY ATTORNEY
1Lo 1�
DATE
PUBLIC WORKS / REAL ESTATE
DEPARTMENT / DIVISION
7
EXHIBIT A
1. THE LAND BOUNDARY SURVEY SHOWN HEREON I5 BASED ON A CURRENT FIELD SURVEY PERFORMED ON JUNE 16,
2017 AND IN COMBINATION WITH THE PLAT(S)AND/OR DEED(S)REFERENCED HEREIN. THIS SURVEY WAS
PERFORMED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT. THE EASEMENTS APPEARING ON THIS SURVEY,IF
ANY,WERE DEPICTED AND/OR NOTED IN THE REFERENCED PLAT(S)AND/OR DEED(S)UNLESS OTHERWISE NOTED.
2. THIS PROPERTY APPEARS TO FALL IN FLOOD ZONE(S)X AND AE(ELEV 8)AS SHOWN ON THE NFIP MAP FOR THE CITY
OF VIRGINIA BEACH, MAP/PANEL 515531 0128 G. EFFECTIVE 01/16/15.
L1 5.00'
L2 6.00'
L3 5.00'
EZ Floating and side Floating Pier L4 20.00'
Lake. Ho I I y L7 L5 3.33'
N38 '`15.6'
96.7= 55'02"{-y 9�7 I L6 5.00'
(T/ELINEJ I 14.8' L7 8.33'
�+ 000 FO L5 - _
SAT. ii-
°°°-_ _=r-15.5' I i-.
DISH N_7- y'
I RIP RAP J L1 15.5
4 -- 0P
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5 m ' -� 198 ASDECK /0/ CYC
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- , '4:P, 6'
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15TH STREET
I
TELE. M4•15 10 P
- % L1.1' L=76.00' R=400.00' PIN (F)
PED, ARCTIC CRESCENT (50)
�PtTH Off, PHYSICAL SURVEY
r`4 12,„ LOT 4, BLOCK B, MAP NO. 5 OF
DKTAssociates •
r,4
C PROPERTY OF VIRGINIA BEACH
_ DEVELOPMENT CO. (M.B.5 P.21)
LAND SURVEYORS
U DENNIS TB VIRGINIA BEACH, VIRGINIA JUNE 20, 2017
C Lc No. 002189 For: LEWIS SCHEIN &SANDRA HARVEY
1100 Granby Street . 6/20/17 o JOB: 14893
Suite 100 4, Y Scale: 1"=20'
Norfolk,VA 23510 D Fe: 207 Size: LETTER
s u g DRAWN: JSO Revised:
OKTAssociates.com Tel 1757)5885888 CHECK: DT Sheet: 1 OF 1
79
Item-VII-1.7e
ORDINANCES/RESOLUTIONS
ITEM#67373
Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's
property, known as Lake Rudee,for Caner M. Turpin, Jr., and Casbar Holdings, LLC re maintaining
existing facilities and constructing wood piles and a floating deck with a boat 1 f at 227 Mediterranean
and 600 Goldsboro Avenues DISTRICT—6 BEACH
IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance to AUTHORIZE a temporary encroachment into a
portion of the City's property, known as Lake Rudee,for Carter
M. Turpin, Jr., and Casbar Holdings, LLC re maintaining
existing facilities and constructing wood piles and a floating
deck with a boat lift at 227 Mediterranean and 600 Goldsboro
Avenues (GPINs 2427018687 & 2427111801) DISTRICT — 6
BEACH
The following conditions shall be required;
I. Nothing herein shall prohibit the City from immediately removing, or ordering the
Grantee to remove, all or any part of the Temporary Encroachments from the
Encroachment Area in the event of an emergency or public necessity and Grantee
shall bear all costs and expenses of such removal.
2. It is further expressly understood and agreed the Temporary Encroachments herein
authorized terminates upon notice by the City to the Grantee, and within thirty (30)
days after the notice is given, the Temporary Encroachments must be removed from
the Encroachment Area by the Grantee; and the Grantee will bear all costs and
expenses of such removal.
3. It is further expressly understood and agreed the Grantee shall indemnj, hold
harmless and defend the City, its agents and employees,from and against all claims,
damages, losses and expenses, including reasonable attorney's fees, in case it shall be
necessary to file or defend an action arising out of the construction, location or
existence of the Temporary Encroachments.
4. It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited
extent specified herein, nor to permit the maintenance and construction of any
encroachment by anyone other than the Grantee.
5. It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachments so as not to become unsightly or a hazard.
6. It is further expressly understood and agreed the Grantee must obtain a permit from
the Civil Inspections Division of the Department of Planning prior to commencing any
construction within the Encroachment Area (the "Permit").
September 5, 2017
80
Item-VII-1.7e
ORDINANCES/RESOLUTIONS
ITEM#67373
(Continued)
7. It is further expressly understood and agreed the Grantee must obtain and keep in
effect liability insurance with the City as a named insured in an amount not less than
Five-Hundred Thousand Dollars ($500,000.00), per person injured and property
damage per incident, combined with the City listed as an additional insured. The
Grantee will provide endorsements providing at least thirty(30)days written notice to
the City prior to the cancellation or termination of or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location and/or existence of the
Temporary Encroachments.
8. It is further expressly understood and agreed the Temporary Encroachments must
conform to the minimum setback requirements as established by the City.
9. It is further expressly understood and agreed the Grantee must submit for review and
approval, a survey of the Encroachment Area, certified by a Registered Professional
Engineer or a Licensed Land Surveyor, and/or "as built" plans of the Temporary
Encroachments sealed by a Registered Professional Engineer, if required by either the
Department of Public Works, City Engineer's Office or the Engineering Division of
the Department of Public Utilities.
10. It is further expressly understood and agreed the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachments and
charge the cost thereof to the Grantee, and collect the cost in any manner provided by
law for the collection of local or state taxes; may require the Grantee to remove the
Temporary Encroachments; and pending such removal, the City may charge the
Grantee for the use of the Encroachment Area, the equivalent of what would be the
real property tax upon the land so occupied if it were owned by the Grantee; and if
such removal shall not be made within the time ordered hereinabove by this
Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00)per day for each; and, every day that the Temporary Encroachments are
allowed to continue thereafter may collect such compensation and penalties in any
manner provided by law for the collection of local or state taxes.
This Ordinance shall be effective in accordance with Section 107(1of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, Fifth day of September, Two
Thousand Seventeen.
September 5, 2017
81
Item -1161.7e
ORDINANCES/RESOLUTIONS
ITEM#67373
(Continued)
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 Absent:
None
Council Members Abstaining:
Mayor William D. Sessoms,Jr.
September 5, 2017
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF CITY
6 PROPERTY KNOWN AS LAKE
7 RUDEE, LOCATED AT THE REAR OF
8 600 GOLDSBORO AVENUE AND 227
9 MEDITERRANEAN AVENUE
10
11 WHEREAS, Carter M. Turpin, Jr. and Casbar Holdings, L.L.C. (the
12 "Applicants")desire to maintain an existing wood ramp, wood pier, rip rap, metal bulkhead
13 and pile and to construct and maintain wood piles, an 8' x 30' floating wood dock, and a
14 12' x 12' boat lift into a portion of City property known as Lake Rudee, located at the rear of
15 600 Goldsboro Avenue and 227 Mediterranean Avenue, in the City of Virginia Beach,
16 Virginia; and
17
18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
20 the City's property subject to such terms and conditions as Council may prescribe.
21
22 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs,
27 assigns and successors in title are authorized to maintain an existing wood ramp, wood
28 pier, rip rap, metal bulkhead and pile and to construct and maintain wood piles, an 8'x 30'
29 floating wood dock, and a 12' x 12' boat lift into a portion of City property as shown on the
30 map entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING FLOATING WOOD DOCK,
31 BOAT LIFT, PILES AND RIP RAP LOCATED IN LAKE RUDEE, PROPERTY OF CITY OF
32 VIRGINIA BEACH FOR CASBAR HOLDINGS II, L.L.C. & CARTER M. TURPIN, JR.
33 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated February 20, 2017 and revised
34 through August 22, 2017, and prepared by Gallup Surveyors&Engineers, LTD., a copy of
35 which is attached hereto as Exhibit A, and on file in the Department of Public Works and to
36 which reference is made for a more particular description;
37
38 BE IT FURTHER ORDAINED, that the temporary encroachments are
39 expressly subject to those terms, conditions and criteria contained in the Agreement
40 between the City of Virginia Beach and the Applicants (the "Agreement"), an unexecuted
41 copy of which has been presented to the Council in its agenda, and will be recorded among
42 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach;
43
44 BE IT FURTHER ORDAINED, that the City Manager or his authorized
45 designee is hereby authorized to execute the Agreement; and
1
46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
47 such time as the Applicants and the City Manager or his authorized designee execute the
48 Agreement.
49
50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th
51 day of September 2017.
CA13990
R-1
PREPARED: 8/25/17
\\vbgov.com\dh1\applications\citylawprod\cycom32\wpdocs\tl010\028\00391314.doc
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
S aimENCY AND FORM.
Ek —' i n^ ^
PUBLIC WORKS, REAL ESTATE DN . •/A-MEYER
-
115R ITY ATTORNEY
2
NOTES:
1. THIS PLAN WAS COMPILED FROM 2.THIS PLAN WAS PERFORMED WITHOUT THE
VARIOUS DEEDS & PLATS OF RECORD. BENEFIT OF A TITLE REPORT AND MAY NOT
SHOW ANY AND/OR ALL EASEMENTS OR
RESTRICTIONS THAT MAY AFFECT SAID
N/F PROPERTY AS SHOWN.
CARTER M. TURPIN, JR. RIGHT OF UPSTREAM
I.N. 20101117001222560 N/F OWNER ACCESS TO
LOT 13, BLOCK 28 CASBAR HOLDINGS II, L.L.C. NAVIGABLE WATER --
M.B. 7 P. 14 I.N. 20150121000052890 D.B. 2714 P. 2154
GPIN: 2427-01-8687 PARCEL B
M.B. 266 P. 8
GPIN: 2427-11-1801
Lu
12'x12' Loa
4:41%708$441V4444-.4u: vBOAT LIFT 0- LM LO
E% ll_'Y' J
WOOD DECK ip Ex_ 3 f 8'x30' LJ V x N a
OF OTHERS WOOD 'Nita,.4. FLOATING Eno e 'In, o x
J FENCE y<Z:;fX/6.J DOCK w.- 1-u
N/F o *AVC' `'.:�,'t':;,".•:A PROPERTY _ y
GARY W. ALLEN, o�„
TRUSTEE * BTEPS DS len:it-*fa' LINE,
LN. EX Ala „1 I
200303070035885 . Q IDD STEPS 4 �:TF,tab . °` .
LOT
BL7 OCK429 Hi -H YO e°\IS>Ye+ 'ai2114 '.:, np'h 4oN. 4h!L
GPIN: m @°o ExIST. EXIST.
5" 9 EX WOOD PIER WOOD
2427-01-8759 b 1 E%ISnNG '• RANT 0
o E%. 1 STORY STEPS t
y.44
oCONCRETE FRAME '•'NMm EX.
Q DRIVEWAY RESIDENCE 'r!f . PILE
PICPL)
co L goo m O.
ZSi.
o PIN(F)� 25.0 133'±(PLAT) dIpj
PIN(F) N 07'00'00" W 197.5'±(TOTAL)Ex. 4
WOOD
FENCE
N/F
JOHN B. PARKER, III LAKE RUDEE
I.N. 20150601000495440 GPIN: 2427-01-8282
LOTS 11 & 12, BLOCK 28 I.N. 20100915000966510
GOLDSBORO M.B. 7 P. 14
AVENUE GPIN: 2427-01-8610
(50' R/W)
M.B. 7 P. 14
EXHIBIT A
ENCROACHMENT PLAT SHOWING
FLOATING WOOD DOCK, BOAT LIFT, PILES AND RIP RAP LOCATED IN
LAKE RUDEE, PROPERTY OF CITY OF VIRGINIA BEACH
FOR
CASBAR HOLDINGS II, L.L.C. & CARTER M. TURPIN, JR.
SCALE: 1" = 40' VIRGINIA BEACH, VIRGINIA FEBRUARY 20, 2017
MAY 9, 2017 - REVISED
GALLUP AUGUST 17, 2017 - REVISED
SURVEYORS & ENGINEERS. LTD. AUGUST 22, 2017 - REVISED
323 FIRST COLONIAL ROAD
16-116 jP0-dW9 VIRGINIA BEACH. VIRGINIA 23454
(757)428-8132
G'.06-116 jpa dwg,8/22/20113:50:09 PM.1:40,DB
PREPARED BY VIRGINIA BEACH
CITY ATTORNEYS OFFICE(BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C)(4)
THIS AGREEMENT, made this �day of 4 --6 , 2017,
by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of
the Commonwealth of Virginia, Grantor, "City", and CARTER M. TURPIN, JR. and
CASBAR HOLDINGS II, L.L.C., THEIR HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE, "Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as " LOT 13, BLOCK 28", as shown on that certain plat
entitled: " MAP OF SHADOW LAWN HEIGHTS VIRGINIA BEACH PRINCESS ANNE
CO", Scale 1" = 100, dated April 1924, and prepared by JNO. M. Balwin.C.E. C.R.M &
MCINTIRE.DEL, and said plat is recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia in Map Book 7, at page 14, and being further designated,
known, and described as 600 Goldsboro Avenue, Virginia Beach, Virginia 23451 and "
PARCEL B", as shown on that certain plat entitled: "RESUBDIVISON OF PROPERTY
OF THE Virginia Beach Marlin Club, Inc. and W. Cason Barco being Lots 1, 2 and 1/2 of
Lot 3 Block 18 Lots 9 & 10 Block 30 Shadow Lawn Heights and that portion of Winston-
Salem Ave. Vacated North of Block 30 adjacent properties MB. 7 P. 14 VIRGINIA
BEACH BOROUGH VIRGINIA BEACH, VIRGINIA" Scale 1" = 60', Made for W. Cason
Barco, dated 12 November 1997, and prepared by Bonifant Land Surveys and said plat
GPIN: 2427-01-8282-0000; (CITY PROPERTY KNOWN AS — LAKE RUDEE)
2427-01-8687-0000; (600 Goldsboro Avenue)
2427-11-1801-0000; (227 Mediterranean Avenue)
is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia in Map Book 266, at page 8, and being further designated, known, and
described as 227 Mediterranean Avenue; and
WHEREAS, it is proposed by the Grantee to maintain an existing wood
ramp, wood pier, rip rap, metal bulkhead and pile and to construct and maintain wood
piles, an 8' X 30' floating wood dock, and a 12' X 12' boat lift, collectively the
"Temporary Encroachments", in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary
Encroachments, it is necessary that the Grantee encroach into a portion of City property
known as Lake Rudee, located at the rear of 600 Goldsboro Avenue and 227
Mediterranean Avenue, the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachments within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachments.
It is expressly understood and agreed that the Temporary Encroachments
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
2
Temporary Encroachments into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT A'
ENCROACHMENT PLAT SHOWING FLOATING WOOD
DOCK, BOAT LIFT, PILES AND RIP RAP LOCATED IN
LAKE RUDEE PROPERTY OF CITY OF VIRGINIA BEACH
FOR CASBAR HOLDINGS II, L.L.C. & CARTER M.
TURPIN, VIRGINIA BEACH, VIRGINIA" SCALE: 1" = 40',
dated FEBRUARY 20, 2017, revised AUGUST 22, 2017,
and prepared by Gallup Surveyors & Engineers, LTD. a copy
of which is attached hereto as Exhibit "A" and to which
reference is made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachments from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachments herein authorized terminates upon notice by the City to the Grantee,
and that within thirty (30) days after the notice is given, the Temporary Encroachments
must be removed from the Encroachment Area by the Grantee; and that the Grantee
will bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location, or existence of the Temporary Encroachments.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
3
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachments so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Civil Inspections Division of the Department of Planning prior to
commencing any construction within the Encroachment Area (the "Permit").
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident, combined
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. The
Grantee will provide endorsements providing at least thirty (30) days written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location, and/or existence of the Temporary
Encroachments.
It is further expressly understood and agreed that the Temporary
Encroachments must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachments sealed by a registered professional engineer, if required
4
by either the Department of Public Works City Engineer's Office or the Engineering
Division of the Department of Public Utilities.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachments and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachments; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachments are
allowed to continue thereafter, and may collect such compensation and penalties in any
manner provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Carter M. Turpin, Jr. and Casbar Holdings II,
L.L.C., the said Grantees, have caused this Agreement to be executed by their
signatures. Further, that the City of Virginia Beach has caused this Agreement to be
executed in its name and on its behalf by its City Manager and its seal be hereunto
affixed and attested by its City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2017, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2017, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number
My Commission Expires:
6
By r
Carter M. Turpin, Jr., Owner
STATE OF V,(9‘i nlc ,,,,,,,,,
CITY/COUNTY Or Utrcyn<a 3c-mat, to-wit: .;.t pNN eo
The foregoing instrument was acknowledged before me this 02(.. d£ f auauc
REG#36285M1 •:
, 2017, by Carter M. Turpin, Jr.. �:.MY COMMISSION: a E
/ EXPIRES :
( 2
.�cy:w.yµ-; 613012021 .;40 :
,
Not ry lic 1-M3154 ,
'•.;'WEALTH ,,
,.. '
Notary Registration Number: 3.9285�1
My Commission Expires: Lp - 3o—00Q.A.
CASBAR HOLDINGS II, L.L.C.,
a Virginia limited liability company
By: _Walter :so Barco
Nam-: ;y -
Title: Cle,,,.€%y) frn
STATE OF V,ic,n,e` I
CITY/COUNTY OF' V isi,, . LRec.Lto-wit:
The foregoing instrument was acknowledged before me this day of
c , 2017, by (gson 2trv. of Casbar Holdings II, L.L.C.
39L. Air.,,,,,
Notary P lic ;.•'y PN , Bpi.,
•
?i%)141OTARY ••...4
Yj PUBLIC
Notary Registration Number: as c6. 4 = REc y
Iv'
My Commission Expires: (p - 30 - ao'�\ iy ••• �'EXPIRI �
7 ..........
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
SIGNATURE X0, 11 � ARMEYER,
ASSOCIATE CITY ATTORNEY
DEPARTMENT
R
NOTES:
1. THIS PLAN WAS COMPILED FROM 2. THIS PLAN WAS PERFORMED WITHOUT THE
VARIOUS DEEDS & PLATS OF RECORD. BENEFIT OF A TITLE REPORT AND MAY NOT
SHOW ANY AND/OR ALL EASEMENTS OR
RESTRICTIONS THAT MAY AFFECT SAID
N/F PROPERTY AS SHOWN.
CARTER M. TURPIN, JR. RIGHT OF UPSTREAM
LN. 20101117001222560 N/F
CASBAR HOLDINGS II, L.L.C. OWNER ACCESS TO
LOT 13, BLOCK 28 I.N. 20150121000052890 NAVIGABLE WATER
M.B. 7 P. 14 PARCEL B D.B. 2714 P. 2154
GPIN: 2427-01-8687
M.B. 266 P. 8
GPIN: 2427-11-1801
Lu
12'x12' J a
t:�i;y: iS '' BOAT LIFT
a
WOOD DECK p•Ex. 3' ::.!'2-.. 8'00'. b.16x N d
OF OTHERS WOOD ::..• FLOATIN11N G a w o
o xFENCE •A��tWOOD f 0 [ lJ% f:; ` :N/F W, DOCK w' o1
cc
1
GARY W. ALLEN, 12„ Ex. 1„r�xo- PROPERTYImy
TRUSTEE +i STEPS !_.. \ AIM, 8
LN. a
ul Ex. :{:^
200303070035885 • -J LE STEPS f .E, LI,
LOT 8, BLOCK 29 ,_ �i `963 :: •' ,`L' I `L '
M.B. 7 P. 14 Di -co ,�t
GPIN: co 0 o E%IST. +'�'• ExIST.
2427-01-8759 b 1 Ex¢nec Ex. WOOD PIER, WOOD
o Ex. 1 STORY STEPS RAMP
lq •
O CONCRETE FRAME jfV.�
o DRIVEWAY RESIDENCE tiio PILE
WN /600 �• (TYPICAL
A nT
l
Z V*
a PIN(F)o 25.0!' 133'±(PLAT) 'Ai,
PIN(F) N 07'00'00" W 197.5'±(TOTAL)Ex. 9
WOOD
FENCE
N/F
JOHN B. PARKER, III LAKE RUDEE
I.N. 20150601000495440 GPIN: 2427-01-8282
LOTS 11 & 12, BLOCK 28 I.N. 20100915000966510
GOLDSBORO M.B. 7 P. 14
AVENUE GPIN: 2427-01-8610
(50' R/W)
M.B. 7 P. 14
EXHIBIT A
ENCROACHMENT PLAT SHOWING
FLOATING WOOD DOCK, BOAT LIFT, PILES AND RIP RAP LOCATED IN
LAKE RUDEE, PROPERTY OF CITY OF VIRGINIA BEACH
FOR
CASBAR HOLDINGS II, L.L.C. & CARTER M. TURPIN, JR.
SCALE: 1" = 40' VIRGINIA BEACH, VIRGINIA FEBRUARY 20, 2017
MAY 9, 2017 - REVISED
GALLUP AUGUST 17, 2017 - REVISED
SURVEYORS & ENGINEERS. LTD. AUGUST 22, 2017 - REVISED
323 FIRST COLONIAL ROAD
16-116 1P0_dW9 MRGNIA BEACH. VIRGINIA 23454
(757)428-8132
G:A16-116 jpa.9w9,8/22/2017 3:50:09 PM, 190,DB
0141A-BE40y
L9
S City of Virginia Seach
x • ra
s Oe
oU8 NAPt,-4
VBgov.com
WILLIAM D.SESSOMS.JR. MUNICIPAL CENTER
MAYOR BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VA 234559000
(757)385.4581
In Reply Refer to 0061301 FAX(757)3855699
wsessoms®wgw
September 5, 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 an ordinance to authorize temporary encroachments into a portion of City
property known as Lake Rudee, located at the rear of 600 Goldsboro Avenue and
227 Mediterranean Avenue.
2. One of the applicants has disclosed that TowneBank is a financial services provider
with respect to this transaction.
3. I have a personal interest in TowneBank, which is located at 600 22"tl 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,
illiam D. Sessoms
Mayor
WDS/RRI
82
Item-VII-I.8a/b/e/d
ORDINANCES/RESOLUTIONS
ITEM#67374
Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY
CONSENT, Ordinance to ESTABLISH a new Capital Improvement Project; and, APPROPRIATE and
TRANSFER funds:
a. Traffic Safety Improvement IV $334,527(appropriate)
b. Cape Henry Lighthouse Restoration II $362,800(appropriate)
c. Fox Fire Trail Pedestrian Bridge $775,235(appropriate)
d. City Bikeways and Trails Plan Implementation $348,295 (transfer to
Fox Fire Trail)
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
September 5, 2017
1 AN ORDINANCE TO ESTABLISH CAPITAL IMPROVEMENT
2 PROJECT 4-045, "FOXFIRE TRAIL PEDESTRIAN BRIDGE,"
3 TO ACCEPT AND APPROPRIATE FUNDING FROM THE
4 VIRGINIA DEPARTMENT OF TRANSPORTATION TO
5 CAPITAL PROJECTS 2-111, 9-276, AND 4-045, AND TO
6 TRANSFER FUNDS FROM CAPITAL PROJECT 4-064 TO
7 CAPITAL PROJECT 4-045
8
9 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
10 VIRGINIA, THAT:
11
12 1. Capital Improvement Project (CIP) # 4-045, "Foxfire Trail Pedestrian
13 Bridge," is hereby established as a capital project in the FY 2017-18 Capital Improvement
14 Program.
15
16 2. $334,527 in federal revenue is hereby accepted and appropriated to CIP
17 #2-111, "Traffic Safety Improvements IV," in the FY 2017-18 Capital Improvement
18 Program for a concrete sidewalk along the east side of Salem Road from Salem Lakes
19 Blvd. to Rock Lake Loop.
20
21 3. $362,800 in federal revenue is hereby accepted and appropriated to CIP
22 #9-276, "Cape Henry Lighthouse Restoration II" in the FY 2017-18 Capital Improvement
23 Program.
24
25 4. $775,235 in federal revenue is hereby accepted and appropriated to CIP
26 #4-045 in the FY 2017-18 Capital Improvement Program.
27
28 5. $348,295 is hereby transferred from CIP#4-064, "City Bikeways and Trails
29 Plan Implementation II," to CIP #4-045.
Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day of
September 2017.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
cli
Kevin Chatellier nne er
Budget and Management Services City Attorney's Office
CA14125
R-2
August 30, 2017
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83
Item -VII-L 9a
ORDINANCES/RESOLUTIONS
ITEM#67375
Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
a. $28,584 to the Fire Department for Hazmat Team 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
September 5, 2017
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FOR THE FIRE DEPARTMENT HAZMAT
3 TEAM
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 That $28,584 is hereby accepted and appropriated, with federal revenue
9 increased accordingly, to the FY 2017-18 Operating Budget of the Fire Department for
10 the purchase of equipment for the Hazmat Team.
Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day
of September 2017.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
�G✓rn � �2, w 1
David Bradley na ar eyer
Budget and Management Services City Attorney's Office
CA14116
R-1
August 8, 2017
84
Item -VII-19b
ORDINANCES/RESOLUTIONS
ITEM#67376
Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
b. $50,000 to the Fire Department for Tactical Rescue Team equipment
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
September 5, 2017
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FOR THE FIRE DEPARTMENT TECHNICAL
3 RESCUE TEAM
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 That $50,000 is hereby accepted and appropriated, with federal revenue
9 increased accordingly, to the FY 2017-18 Operating Budget of the Fire Department for
10 the purchase of equipment for the Tactical Rescue Team.
Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day
of September 2017.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
2Dicl6, J
David Bradley Danai-I1rmeyer
Budget & Management Services City Attorney's Office
CA14117
R-1
August 17, 2017
85
Item -VIF1.9e
ORDINANCES/RESOLUTIONS
ITEM#67377
Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
c. $202,868 from the Virginia Department of Behavioral Health and
Developmental Services to the Department of Human Services to
expand their permanent Supportive Housing Program
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
September 5, 2017
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE
2 FUNDS TO THE DEPARTMENT OF HUMAN SERVICES
3 FOR AN EXPANSION OF THE PERMANENT SUPPORTIVE
4 HOUSING PROGRAM
5
6 WHEREAS, the state is providing an additional award amount of $202,868 to
7 provide housing assistance to an additional 22 individuals who have been diagnosed with
8 a serious mental illness, are chronically homeless, and have very low incomes;
9
10 WHEREAS, a partial position equaling 0.50 FTE was established in the FY17-18
11 Operating Budget based on available funding; and
12
13 WHEREAS, as part of the increasing funding for this program,, the State has
14 provided sufficient resources to convert this part-time position to a full-time FTE.
15
16 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18
19 1) That $202,868 from the Virginia Department of Behavioral Health and
20 Developmental Services is hereby accepted and appropriated, with state
21 revenue increased accordingly, to the FY17-18 Operating Budget of the
22 Department of Human Services in order to provide services for an additional
23 twenty(20) individuals who have been diagnosed with a serious mental illness,
24 are chronically homeless, and have very low incomes; and
25
26 2) That a part-time position equaling 0.50 FTE in the FY17-18 Operating Budget
27 of the Department of Human Services is hereby converted to a full-time
28 Clinician II position (1.0 FTE), and $24,886 is hereby transferred from part-time
29 salaries to full-time-salaries.
Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day
of September 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:
/K1
David Bradley I D. •• H:rmeyer
Budget & Management Services ity Attorney's Office
CA14130
R-2
August 25, 2017
86
Item-I'll-L.9d
ORDINANCES/RESOLUTIONS
ITEM#67378
Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
d. $12,852 from Virginia Department of Health Training Grant to
Emergency Medical Services (EMS)
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
September 5, 2017
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE
2 TRAINING GRANT FUNDS TO DEPARTMENT OF
3 EMERGENCY MEDICAL SERVICES
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA THAT:
7
8 $12,852 is hereby accepted from the Virginia Department of Health, Office of
9 Emergency Medical Services, Four-for-Life Training Program, and appropriated, with
10 estimated state revenues increased accordingly, to the FY 2017-18 Operating Budget of
11 the Department of Emergency Medical Services for training classes.
Adopt
ed by the Council of the City of Virginia Beach, Virginia on the 5th day
Of
September 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:
David Bradley Dana-HaF ey-r
Budget and Management Se ices City Attorney's Office
CA14127
R-1
August 23, 2017
87
Item-VII-1.9e
ORDINANCES/RESOLUTIONS
ITEM#67379
Upon motion by Vice Mayor Jones, seconded by Council Lady Kane City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
a $3,985,396 CARRY FORWARD from FY 2016-17 to FY 2017-18
in various Departments for previously approved operations
Voting.- 9-2
Council Members Voting Aye:
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:
Jessica P. Abbott
John D. Moss
Council Members Absent:
None
September 5, 2017
1 AN ORDINANCE TO CARRY FORWARD AND
2 APPROPRIATE $3,485,396 FOR PURPOSES
3 PREVIOUSLY APPROVED IN FY 2016-17 INTO FY 2017-18
4 OPERATING BUDGET
5
6 Whereas, funding totaling $3,485,396 was unexpended at the close of Fiscal Year
7 2016-17 and require re-appropriation to achieve the purposes for which such funds were
8 included in the FY 2016-17 Operating Budget.
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12
13 That $3,485,396 is hereby appropriated in the FY 2017-18 Operating Budget for
14 the purposes and amounts as set forth in the attachment entitled "Exhibit A: FY 2016-17
15 Items Requested for Carry Forward into FY 2017-18," with revenue from the respective
16 fund balances of each fund.
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 5th day of
September , 2017
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
DIrAf-
David Bradley Dart. H. e er
Budget and Management Services City A'orney's Office
CA14129
R-2
August 28, 2017
CITY OF VIRGINIA BEACH,VIRGINIA 8/24/2017
FY 2011-18
OPERATING BUDGET
CARRY FORWARD REQUESTS
Exhibit A: FY 2016-17 Items Requested for Carry Forward into FY 2017-18
Department Amount Purpose/Comments
GENERAL FUND
Human Resources $ 88,196 Conversion of paper personnel records to electronic files.
Commonwealth's Attorney $ 33,168 Equipment,supplies,data storage and contracts related to
implementation of the Body Worn Camera Program&four
computer workstations.
Police $ 154,920 Equipment,supplies,data storage and contracts related to
implementation of the Body Worn Camera Program&four
computer workstations.
Library/Adminstration&Support Services $ 150,000 PrintManagement&Point of Sale(POS)System.
Planning $ 185,650 Building Renovations.
Information Technology $ 97,152 Citywide Computer Replacement Program.
Emergency Medical Services $ 13,500 Tuition for Advanced EMT Training.
Aquarium&History Museums $ 92,229 Animal life support items, &Ticketing system upgrade.
Convention&Visitors Bureau $ 191,000 Shuttle for satellite parking&Line array sound system for
Convention Center.
Housing&Neighborhood Preservation/Code $ 4,792 Accela for Citizen access and Database purging of records.
Enforcement
$ 11010,E07 TOTALOQTERALFUND
DEA SEIZED PROPERTY SPECIAL REVENUE FUND
Polite/DEA Uniform Patrol Grants $ 4,969 CIT training for Police personnel.
Pollee/DEA Uniform Patrol $ 306,822 Hardware and equipment related to the implementation ofthe
Body Worn Camera Program.
Police/DEA Special Investigative Unit $ 36,929 Purchase of two vehicles and other operating cost.
$ 848,720TOTALDEASEQED➢k0►FAW.SflQAL REVENUE FUND
WATER AND SEWER FUND
Public Utilities/Engineering,Operations,& $ 2,000,000 Non-public safety radio replacement project.
Business
$ 2,000,000 TOTALWATER AND SEWER FUND
STORM WATER UTILITY ENTERPRISE FUND
Public Works/SWU-Project Management 5 17,084 Building Renovations.
$ 17,084 TOTAL STORM WATER UTILITY ENTERPRISE FUND
1 oft
CITY OF VIRGINIA BEACH,VIRGINIA 8/24/2017
FY 2017-18
OPERATING BUDGET
CARRY FORWARD REQUESTS
Exhibit A: FY 2016-17 Items Requested for Carry Forward into FY 2017-18
Department Amount Purpose/Comments
PARKS&RECREATION GIFT FUND
Parks&Recreation/Sponsorships& $ 1,868 Donation made for specific purpose "Party at the Pier'event
Partnerships
$ - 2,861 pARRB :TitlMGIhTf�7N0
FIRE DEPARTMENT GIFT FUND
Fire Department $ 98,072 Donations for specific items made to the Fire Department.
6 48/73 - - . 51S/RE il. RTMENTGWriliiD
EMERGENCY MANAGEMENT GIFT FUND
Office of Emergency Management $ 9,045 Donations for specific items made to the Office of Emergency
Management.
$ 'SASTOTAFnMERGENCYMANAGEMENTGIFTfI,INO
$ 3,485,396.00 TOTAL CARRY OVERS
2 oft
88
Item -VII-L9f
ORDINANCES/RESOLUTIONS
ITEM#67380
Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
f $49,637 of the Francis Land House Trust Fund to the Department
of Aquarium and Museums and AUTHORIZE a DONATION of
$49,637 to the Friends of Historic Houses of Virginia Beach
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
September 5, 2017
1 AN ORDINANCE TO APPROPRIATE THE BALANCE OF THE
2 FRANCIS LAND HOUSE TRUST FUND(931 FUND)AND TO
3 AUTHORIZE A DONATION OF SUCH FUNDS TO THE
4 FRIENDS OF HISTORIC HOUSES OF VIRGINIA BEACH
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 1) That$49,637 is hereby appropriated from the available balance in the Francis
10 Land House Trust Fund (Fund 931), with estimated revenues increased accordingly,to the
11 FY 2017-18 Operating Budget of the Department of Aquarium and Museums; and
12
13 2) That a donation of $49,637 is hereby authorized to the Friends of Historic
14 Houses of Virginia Beach, a Virginia non-stock corporation, in furtherance of the charitable
15 purposes of this organization.
Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day
Of September 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:
David Bradley 'D -. -r eyer
Budget and Management Service City Attorney's Office
CA14126
R-1
August 23, 2017
89
Item—VIFJ
PLANNING ITEM#67381
1. CLARENCE E. and DORIS V. BRYAN VARIANCE
2. OCEAN BAY HOMES,INC. VARIANCE
3. 5073 VIRGINIA BEACH BLVD MODIFICATION CONDITIONS
4. NEW MILLENNIUM SENIOR LIVING MODIFICATION CONDITIONS
5. OUTDOOR RESORTS OF VIRGINIA BEACH MODIFICATION CONDITIONS
CONDOMINIUM ASSOCIATION,INC.
6. FREEDOM PROPERTIES VB,LLC CONDITIONAL CHANGE OF
ZONING
7. MERNA HOLDINGS,LLC CONDITIONAL CHANGE OF
ZONING
8. FRANKLIN JOHNSTON GROUP CONDITIONAL CHANGE OF
MANAGEMENT& DEVELOPMENT,LLC ZONING
9. SACRED DAGGERS, LLC CONDITIONAL USE PERMIT
MAYOR SESSOMS WILL ABSTAIN ON ITEM#2
MAYOR SESSOMS WILL ABSTAIN ON ITEM#3
ITEM#4 WILL BE CONSIDERED SEPARATELY
MAYOR SESSOMS WILL ABSTAIN ON ITEM#6
ITEM#8 WILL BE CONSIDERED SEPARATELY
September 5, 2017
90
Item -VII-✓
PLANNING ITEM#67382
Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council APPROVED, BY
CONSENT: hems I, 3(MAYOR ABSTAIN), 5, 6(MAYOR ABSTAIN) and 7 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
September 5, 2017
91
Item-VIM
PLANNING ITEM#67382
(Continued)
Mayor Sessoms advised Agenda Items 2 and 9 were on the CONSENT AGENDA; however, Barbara
Messner registered to speak on each item. After hearing Ms. Messner's concerns and upon motion by
Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT: Items
2(MAYOR ABSTAIN) and 9
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
September 5, 2017
92
Item—VII-J.1
PLANNING ITEM#67383
Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council APPROVED, and
CONDITIONED, BY CONSENT: Ordinance upon application of CLARENCE E. and DORIS V
BRYAN and CINDY FELDMAN for a Variance to Section 4.4 (b) of the Subdivision Regulations re lot
width at 3388 Eagle Nest Point DISTRICT 5—LYNNHAYEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of CLARENCE E. and DORIS V BRYAN
and CINDY FELDMAN for a Variance to Section 4.4 (b) of the
Subdivision Regulations re lot width at 3388 Eagle Nest Point (GPIN
1489803700)DISTRICT 5—L YNNHAVEN
The following conditions shall be required:
1. When the site is subdivided, it shall be in substantial conformance with the submitted
subdivision exhibit entitled, 'PRELIMINARY SUBDIVISION EXHIBIT FOR LOT-5 &
PART OF LOT-6 PLAT OF EAGLE NEST POINT (MB. 16, PG. 43) VIRGINIA
BEACH. VIRGINIA," prepared by WPL, dated March 1, 2017, which has been
exhibited to the Virginia Beach City Council and is on .file in the Department of
Planning and Community Development.
2. When Lot 5A is developed, the dwelling constructed shall substantially adhere in
appearance, size and materials to the submitted elevation, which has been exhibited to
the Virginia Beach City Council and is on file with the Department of Planning and
Community Development.
This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, Fifth day of September, 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
September 5, 2017
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93
Item—VII-J.2
PLANNING ITEM#67384
Barbara Messner spoke in OPPOSITION.
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, and
CONDITIONED, BY CONSENT: Ordinance upon application of OCEAN BAY HOMES, INC. and
PATRICIA A. MARTINO, TRUSTEE OF THE PATRICIA A. MARTINO LIVING TRUST for a
Variance to Section 4.4 (b) of the Subdivision Regulations re non-conforming single family dwellings at
2422 Baltic Avenue DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of OCEAN BAY HOMES, INC.
and PATRICIA A. MARTINO, TRUSTEE OF THE
PATRICIA A. MARTINO LIVING TRUST for a Variance to
Section 4.4 (b)of the Subdivision Regulations re non-conforming
single family dwellings at 2422 Baltic Avenue (GPIN
2417996690)DISTRICT 6—BEACH
The following conditions shall be required:
I. When the site is developed, it shall be in substantial conformance with the submitted
site layout exhibit entitled, "Preliminary Exhibit for Resubdivision of Lots Il & 12
Block 125, Virginia Beach, Development Co., Map No. 6", prepared by WPL, dated
March 30, 2017, which has been exhibited to the Virginia Beach City Council and is
on file in the Department of Planning and Community Development.
2. The exterior of the proposed building shall substantially adhere in appearance, size
and materials to the elevations entitled, "Elevations, 25th Street"prepared by Ocean
Bay Homes, which have been exhibited to the Virginia Beach City Council and are on
file in the Department of Planning and Community Development
3. The Landscape Plan shall be in substantial conformance with the submitted site layout
exhibit entitled, "Preliminary Planting Exhibit for Resubdivision of Lots 11 & 12
Block 125, Virginia Beach, Development Co., Map No. 6", prepared by WPL, dated
March 30, 2017, which has been exhibited to the Virginia Beach City Council and is
on file in the Department of Planning and Community Development.
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, Fifth day of September, Two
Thousand Seventeen.
September 5, 2017
94
Item—VII-J.2
PLANNING ITEM#67384
(Continued)
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 Absent:
None
Council Members Abstaining:
Mayor William D. Sessoms,Jr.
September 5, 2017
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WILLIAM 0.SESSOMS,JR. MUNICIPAL CENTER
MAYOR BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VA 23456.9000
Q91385-45BI
In Reply Refer to 0061303 FAX(757)385-5699
wsessomsevtgov om
September 5,2017
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 Ocean Bay Homes,Inc. for a subdivision variance for property
located at 2422 Baltic Avenue.
2. The applicant has disclosed that TowneBank is a financial services provider with
respect to this transaction.
3. I have a personal interest in TowneBank, which is located at 600 22vd 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,
Will D. Sessoms
Mayor
WDS/RRI
95
Item—VII-J.3
PLANNING ITEM#67385
Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council APPROVED, and
CONDITIONED, BY CONSENT: Ordinance upon application of 5073 VIRGINIA BEACH BLVD for
Modification of Conditions re a sign for Motor Vehicle Sales at 5073 Virginia Beach Boulevard
(approved on December 2, 2008)DISTRICT 4—BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of 5073 VIRGINIA BEACH BLVD
for Modification of Conditions re a sign for Motor Vehicle Sales
at 5073 Virginia Beach Boulevard (approved on December 2,
2008)(GPIN 1467858567)DISTRICT 4—BAYSIDE
The following conditions shall be required:
1. The site shall be redeveloped substantially as shown on the submitted Site Layout
Exhibit entitled, "CONDITIONAL USE PERMIT EXHIBIT OF 5073 VIRGINIA
BEACH BLVD, VIRGINIA BEACH, VIRGINIA," dated June 23, 2017, and prepared
by WPL Landscape Architects, Land Surveyors, Civil Engineers. Said Plan has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning and Community Development.
2. A Landscape Plan reflective of the plant material on the submitted exhibit entitled,
"LANDSCAPE EXHIBIT OF 5073 VIRGINIA BEACH BLVD, VIRGINIA BEACH,
VIRGINIA, " dated June 23, 2017 and prepared by WPL Landscape Architects, Land
Surveyors, Civil Engineers and of all requirements of the Virginia Beach Landscaping
Guide shall be submitted and approved by the Development Services Center
Landscape Architect prior to final site plan approval.
3. All landscaping shall be maintained in an orderly fashion. If any plant material
becomes diseased or dies, it shall be replaced as depicted in the approved Landscape
Plan referenced in Condition 2 above.
4. The building on the property shall continue to be as substantially depicted on the
elevation entitled, "Proposed Building, 5073 Virginia Beach Boulevard," dated
08/28/08,prepared by Daugherty &Associates Architecture. Said elevation has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning and Community Development
5. Prior to occupancy of either Vehicle Display Area #1 or Vehicle Display Area #2, as
depicted on the Site Layout referenced in Condition 1, by any motor vehicles for
display, landscaping as depicted on the submitted Landscape Exhibit shall be
installed.
6 Prior to occupancy of Vehicle Display Area #1, as depicted on the Site Layout
referenced in Condition I, by any motor vehicles for display, the closure of the subject
portion of Euclid Road referenced in the Street Closure request must be finalized.
7. The vehicle display areas depicted on the Site Layout referenced in Condition 1 above
shall be physically designated with a painted strip along the outside perimeter of the
area.
September 5, 2017
96
Item—VII-L3
PLANNING ITEM#67385
(Continued)
8. All vehicles for sale shall be located within the area designatedfor display on a paved
surface. No vehicles shall be displayed on raised platforms, earthen berms, landscape
islands or any other structure designated to display a vehicle higher than the elevation
of the main parking lot.
9. There shall be no storage of tires, merchandise or debris of any kind outside of the
building.
10. There shall be no outside audio speakers for any purpose.
11. No outside storage of vehicles in a state of obvious disrepair shall be permitted.
12. The existing spinning freestanding sign shall be removed and replaced with a
monument style freestanding sign with a brick base and shall be no taller than eight
(8)ten 1101 feet in height measured from the ground to the top of the sign.
1. With the exception of any modifications required by any of these Conditions, the
expansion of the building shall be in substantial conformance with the submitted
Layout, entitled "PROPOSED RENOVATION& ADDITION, 406 27TH STREET",
prepared by Walter Parker. Said Plan has been exhibited to the Virginia Beach City
Council and is on file with the Planning and Community Development Department.
2. The design, size and materials of the addition shall be substantially in conformance
with the submitted Elevation exhibits, entitled `PROPOSED RENOVATION &
ADDITION 406 27TH STREET", prepared by Walter Parker. Said elevations have
been exhibited to the Virginia Beach City Council and are on file with the Planning
and Community Development Department.
This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, Fifth day of September, 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 Absent:
None
Council Members Abstaining:
Mayor William D. Sessoms,Jr.
September 5, 2017
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WILLIAM a SESSOMS.JR. MUNICIPAL CENTER
MAYOR BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VA 23456.9000
(757)3854581
In Reply Refer to 0061304FAX(757)3855899
.9 essomsavbgov corn
September 5, 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 5073 Virginia Beach Blvd., L.L.C. for a modification of
conditions for property it owns at 5073 Virginia Beach Boulevard.
2. The applicant has disclosed that TowneBank is a financial services provider with
respect to 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,
Ma
William D. Sessoms
Mayor
WDS/RRI
97
Item—VII-J.4
PLANNING ITEM#67386
Todd Solomon, 2260 First Landing Lane, spoke in OPPOSITION and requested this item by DEFERRED.
Barbara Messner spoke in OPPOSITION.
R.J. Nutter, 222 Central Park Avenue, Phone: 687-7500, represented the Applicant
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, and
CONDITIONED: Ordinance upon application of NEW MILLENNIUM SENIOR LIVING
COMMUNITIES, LLC, et al.for Modification of Conditions re expansion of Housing for Seniors and
Disabled Persons at 4225 and 4141 Shore Drive (approved on July 9, 1996)DISTRICT 4—BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of NEW MILLENNIUM SENIOR
LIVING COMMUNITIES, LLC, et al. for Modification of
Conditions re expansion of Housing for Seniors and Disabled
Persons at 4225 and 4141 Shore Drive (approved on July 9,
1996) (GPINs 1479974820 & 14 798 79 740) DISTRICT 4 —
BAYSIDE
The following conditions shall be required:
1. The site shall be developed substantially as shown on the submitted Site Layout
Exhibit entitled, "INDEPENDENT LIVING FACILITY NEW MILLENNIUM SENIOR
LIVING CENTERS (NMSLC) SHORE DRIVE AND FIRST COURT ROAD, " dated
June 12, 2017, and prepared by AES Consulting Engineers. Said Plan has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning and Community Development.
2. The architectural style, size and quality of materials used for the proposed Phase 1,
Phase 2 and Phase 3 expansions to the facility shall be in substantial conformity with
the submitted building elevations entitled "ASSISTED LIVING & INDEPENDENT
LIVING FACILITY NEW MILLENNIUM SENIOR LIVING CENTERS (NMSLC)
SHORE DRIVE AND FIRST COURT ROAD, VIRGINIA BEACH, VIRGINIA, "dated
June 29, 2017, and prepared by Moseley Architects. Said elevations have been
exhibited to the Virginia Beach City Council and are on file with the Virginia Beach
Department of Planning and Community Development.
3. A Landscape Plan reflective of the plant material on the submitted Site Layout
referenced in Condition 1 shall be submitted and approved by the Development
Services Center Landscape Architect prior to final Site Plan approval.
4. There shall he no more than One-Hundred and Eighty (180) independent living units
and no more than Ninety-six(96) assisted living units on the site.
5. The proposed monument sign shall be as substantially depicted on the submitted
freestanding sign exhibit. Said sign shall not be internally lit and be no taller than
eight(8) feet as measured from the ground to the top of the sign.
6. As required by the City Zoning Ordinance, there shall be only one (1)freestanding
sign per parcel.
September 5, 2017
98
Item—VII-J.4
PLANNING ITEM#67386
(Continued)
7. The existing nonconforming billboard along Shore Drive shall be removed.
8. Prior to any occupancy within the proposed expansions, a Certificate of Occupancy
shall be obtained.
9. The applicant shall obtain and maintain all applicable licenses required by the
Virginia Department of Social Services for operation of the proposed facility.
10. The Vocational School shall operate from the existing two-story building depicted on
the submitted Site Layout entitled, "ALTA/ACSM LAND TITLE SURVEY OF LOTS
70-73 & THE EASTERN PORTION OF LOT 69 PART OF THE PORTER SHELDON
FARM (MB 5, PG 46) FOR 100 CONSTITUTION DRIVE ASSOCIATES, L.L.C.,"
dated January 14, 2015, and prepared by MSA, P.C.
11. Any additional signage on-site shall meet the requirements of the City Zoning
Ordinance (CZO). 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. A separate Sign Permit from the Planning Department shall be required
jbr the installation of any signage.
This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, Fifth day of September, 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
September 5, 2017
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Item—VII-J.5
PLANNING ITEM#67387
Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council APPROVED, and
CONDITIONED, BY CONSENT: Ordinance upon application of OUTDOOR RESORTS OF
VIRGINIA BEACH CONDOMINIUM ASSOCIATION, INC. for a Modification of Conditions re
vehicle length for a Recreational Resort Community at 3665 South Sandpiper Road(approved on August
14, 2015)DISTRICT 7—PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of OUTDOOR RESORTS OF
VIRGINIA BEACH CONDOMINIUM ASSOCIATION, INC.
for a Modification of Conditions re vehicle length for a
Recreational Resort Community at 3665 South Sandpiper Road
(approved on August 14, 2015) (GPIN 2432643158) DISTRICT
7—PRINCESS ANNE
The following conditions shall be required:
1. The site shall be developed substantially in conformance with the submitted Site Plan.
A maximum of 250 resort residential units are permitted.
2. Residential units may consist of recreational vehicles and travel[park model] trailers
with a maximum length of forty-five (45)feet and a maximum width of fourteen (14)
feet. Maximum height is eighteen (18)feet above the City's design flood elevation. No
condominium site may have more than 1,200 square feet of impervious cover.
3. Permits are required for any permanent improvements including, but not limited to,
parking pads, canopies and foundations. All permanent structures must meet the
City's Floodplain Ordinance.
4. A three (3)foot wide mulched landscape bed must be installed and maintained for
each site along all Back Bay water frontage. Low level plant material must be
approved by the Planning Department prior to installation.
5. No additional boat lifts or docks are approved with this application. All conditions
attached to previous approvals for boat lifts and docks are still applicable.
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, Fifth day of September, 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
September 5, 2017
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Item—VII-J.6
PLANNING ITEM#67388
Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council APPROVED, AS
PROFFERED, BY CONSENT: Ordinance upon application of FREEDOM PROPERTIES VB, LLC
for a Conditional Change of Zoning from R-15 Residential to Conditional 0-2 Office at the Northern side
of Wolfsnare Road and First Colonial Road (Denied 1981, 1983 and 1991) DISTRICT 5 —
LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of FREEDOM PROPERTIES VB,
LLC for a Conditional Change of Zoning from R-15 Residential
to Conditional 0-2 Office at the Northern side of Wolfsnare
Road and First Colonial Road (Denied 1981, 1983 and 1991)
(GPIN)DISTRICT 5—LYNNHAVEN
The following condition shall be required:
An Agreement encompassing Profers shall be recorded with the Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, Fifth day of September, 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 Absent:
None
Council Members Abstaining:
Mayor William D.Sessoms,Jr.
September 5, 2017
ottPA B IcyL
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AN : I'.'a CITY OF VIRGINIA BEACH
..� 1 INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-9879
DATE: August 23, 2017
TO: Mark D. Stiles ' DEPT: City Attorney
FROM: B. Kay Wilso DEPT: City Attorney
RE: Conditional Zoning Application; Freedom Properties VB, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on September 5, 2017. I have reviewed the subject proffer agreement, dated
August 1, 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 is made this In day of August, 2017, by and between FREEDOM
PROPERTIES VB, LLC, a Virginia limited liability company, Grantor, and THE CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of a parcel of property located in the Lynnhaven
District of the City of Virginia Beach, Virginia, containing approximately .33 acres and
described in Exhibit "A" attached hereto and incorporated herein by this reference. The parcel
described herein and in Exhibit "A" is hereinafter referred to as the'Property", and
WHEREAS. the Grantor has initiated a conditional amendment to the Zoning Map of the
City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning
Classification of the Property from R-l5 Residential District to Conditional 0-2 Office District;
and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible
uses conflict and that in order to permit differing uses on and in the area of the Property and at
the same time to recognize the effects of change, and the need for various types of uses, certain
reasonable conditions governing the use of the Property for the protection of the community that
are not generally applicable to land similarly zoned are needed to cope with the situation to
which the Grantor's rezoning application gives rise:and
(WIN: 2408-60-4261-0000 Prepared by: Albert H.Poole,Esq.
VSB B: 19709
Poole Brooke Plumlee PC
4705 Columbus Street,Suite 100
Virginia Beach,VA 23462-6749
1
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to
the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map,
in addition to the regulations provided for the 0-2 Zoning District by the existing overall Zoning
Ordinance, the following reasonable conditions related to the physical development, operation,
and use of the Property to be adopted as a part of said amendment to the Zoning Map relative
and applicable to the Property, which has a reasonable relation to the rezoning and the need for
which is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body and without any element of
compulsion or quid pro quo for zoning. rezoning, site plan, building permit, or subdivision
approval. hereby makes the following declaration of conditions and restrictions which shall
restrict and govern the physical development, operation, and use of the Property and hereby
covenant and agree that this declaration shall constitute covenants running with the Property,
which shall be binding upon the Property and upon all parties and persons claiming under or
through the Grantor, its successors, personal representatives, assigns. grantees, and other
successors in interest or title:
When the Property is developed. it will he landscaped and have buffers on the
east and west sides of the Properly substantially as depicted and described on the exhibit labeled
"CONCEPT LAYOUT PLAN 018-LANDSCAPE" (Sheet LI) dated July 27. 2017, prepared by
American Engineering, copies of which have been exhibited to the Virginia Beach City Council
and are on file with the Virginia Beach Department of Planning(the "Landscape Plan').
9
2. When the Property is developed, it will have a paved access roadway, to be
maintained by the Owner of the Property, located on the Property substantially as depicted on the
Landscape Plan. The sole use of the Property will be to provide ingress/egress via the paved
access roadway.
3. The paved access roadway on the property will have a posted speed limit of 15
miles per hour.
4. When the Property is developed, it will have one externally lighted monument
sign located on the Property substantially as depicted on the Landscape Plan. The sign will be no
higher than four (4) feet and no wider than six (6) feet, providing no more than eighteen (18)
square feet of sign face per side.
5. In the event the City must gain access to the storm drainage pipes located within
the easement below portions of the buffer on the Property for maintenance or emergency repair.
and such activity results in damage to the buffer or the plantings thereon, the Owner of the
Property will, at its sole expense, be responsible for the removal of the landscape materials and
their replacement to restore the buffer with similar plantings to those on the City's current list of
approved plants.
6. Further conditions may be required by the Grantee during detailed Site Plan
review and administration of applicable City Codes by all cognizant City agencies and
departments to meet all applicable City Code requirements.
The above conditions, having been proffered by the Grantor and allowed and accepted by
the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and
effect until a subsequent amendment changes the zoning of the Property and specifically repeals
such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning
3
Ordinance even if the subsequent amendment is part of a comprehensive implementation of a
new or substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended. or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record
owner of the Property at the time of recordation of such instrument, provided that said instrument
is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee. after a public hearing before the
Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of
Virginia, 1950, as amended. Said ordnance or resolution shall be recorded along with said
instrument as conclusive evidence of such consent. and if not so recorded, said instrument shall
be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach. Virginia. shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions and restrictions, including the
authority (a) to order, in writing, that any noncompliance with such conditions be remedied: and
(b) to bring legal action or suit to insure compliance with such conditions, including mandatory
or prohibitory injunction, abatement, damages, or other appropriate action, suit or proceeding.
(2) The failure to meet all conditions and restrictions shall constitute cause to deny
the issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions, the Grantor shall petition the governing body for the review thereof prior to
instituting proceedings in court; and
4
(4) The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property. and the ordinances and the conditions may be
made readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach. Virginia, and indexed in the name of the
Grantor and the Grantee.
IN WITNESS WHEREOF. the undersigned Grantor executes this Agreement as of the
date first written above.
GRANTOR:
F F IIOM PROPERTIES VB, LLC
By: ilL--
O. E. Burke. III. Executive Manager
COMMONWEALTH OF VIRGINIA:
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this I' day of August. 2017, by
O. E. Burke, BI, Executive Manager of Freedom Properties VB, LLC. He is IX 1 personally
known to me, t,r I ] has pr eitreel- _ as
identification.
*C-727—m------
/ Nota - ublic
Notary Registration No.: 164 '35`1
My Commission Expires: e . 61 .42019 JOHN STEPHEN:PROESCHER
NOTARY PUBLIC
REG. #7664394
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES AUG.31,2019
5
EXHIBIT "A"
ALL THAT certain lot, piece or parcel of land located in the City of Virginia Beach, Virginia,
and more particularly shown on that certain Plat entitled "Plat Showing Private Ingress-Egress
and Utility Easement Across Property of First Colonial Medical and Professional Buildings
Described in D.B. 1964 P.801 and M.B. 137 P. 25, Lynnhaven Borough Virginia Beach, VA",
recorded in Deed Book 2678 at page 1191 and bounded and described as follows:
Beginning at a point in the northern side of the right of way of Wolfsnare Road, which point is
located South 77 degrees 20' 40" West 433.76 feet from the northwest corner of Wolfsnare Road
and First Colonial Road, and from said point of beginning running North 07 degrees 44' 51"
West a distance of 80.68 feet to a point: thence running North 22 degrees 59' 31" East a distance
of 25.73 feet to a point: thence running North 04' 49" East a distance of 89.69 feet to a point on
the southern edge of Parcel One above: thence South 76 degrees 09' West a distance of 58.92 feet
to a point; thence running South 01 degrees 33' 36" East a distance of 65.14 feet to a point;
thence running South 22 degrees 59' 31" West a distance of 67.17 feet to a point; thence running
South 47 degrees 56' 29" West a distance of 83.25 fret to a point; thence running South 03
degrees 57' 40" West a distance of 18.63 feet to a point in the northern side of the right of way of
Wolfsnare Road; thence in an easterly direction along the northern side of Wolfsnare Road a
distance of 147.73 feet to the point of beginning.
IT BEING part of the same property conveyed to Freedom Properties VB, LLC, a Virginia
limited liability company from First Colonial Medical and Professional Buildings, L.L.C., a
Virginia limited liability company by deed dated August 31, 2016 and recorded September 2.
2016 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as
Instrument No. 20160902000786620.
GPIN: 2408-60-4261-0000
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WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER
MAYOR BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VA 234569000
(757)355-4501
In Reply Refer to 0061305 FAX(757)535-5699
wsessoms®wgav corn
September 5, 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 Freedom Properties VA, LLC for a conditional change of
zoning for property it owns on the northern side of Wolfsnare Road near the
intersection of Wolfsnare Road and First Colonial Road.
2. The applicant has disclosed that TowneBank is a financial services provider with
respect to 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,
illiam D. Sessoms
Mayor
WDS/RRI
101
Item—VII-J.7
PLANNING ITEM#67389
Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council APPROVED, AS
PROFFERED, BY CONSENT: Ordinance upon application of MERNA HOLDINGS, LLC and
ALLEN D. and PATRICIA A. YOUNG for a Conditional Change of Zoninv from R-7.5 Residential to
Conditional 0-1 Office at 656 Alberthas Drive DISTRICT 5—LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of MERNA HOLDINGS, LLC and
ALLEN D. and PATRICIA A. YOUNG for a Conditional
Change of Zoning from R-7.5 Residential to Conditional 0-1
Office at 656 Alberthas Drive (GPIN 1487896284)DISTRICT 5
—LYNNHAVEN
The following condition shall he required:
An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 107(j) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, Fifth day of September, 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
September 5, 2017
S
5I\ '.is CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-9891
DATE: August 23, 2017
TO: Mark D. Stiles DEPT: City Attorney
FROM: B. Kay Wilsa DEPT: City Attorney
RE: Conditional Zoning Application; Merna Holdings, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on September 5, 2017. I have reviewed the subject proffer agreement, dated
June 21, 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
MERNA ECLDINGS, LLC, a Virginia limited liability corporation.
ALLEN D. YOUNG
PATRICIA A. YOUNG
TC PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS
CITY CF VIPGINIP_ BEACH, a municipal corporali on of the Commonwealth of
Virginia
THIS AGREEMENT, made this 21st day of June, 2017, by and between
MERNA HOLDINGS, LLC, a Virginia 1imi Led liability corporation,
Grantor; ALLEN D. YOUNG & PATRICA A. YOUNG, Grantors/Property Owners;
and the CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, Grantee.
WITNESSETH :
WEEPEAS, the Grantor, MERNA HOLDINGS, CLC, has a contract to
purchase the proper Ly located at 656 Aline rthas Drive, Virginia Beach,
.A 23452, l nom Crim .rs/Profert y Owners, ALLEN D. YOUNG & PATRICIA A.
YOUNG'. Said property is located in the Lynntlaven District of Virginia
Beach, Virginia and consists oL approxi ma Lel y 0.4.9 acres occupied by a
si family dwelling, which are more particularly described in
Exhibit A" Attached here. and incorporated herein by alis reference,
said parbeI is he rei rafter reGerred to as the "Property"; and
FEREAS, the antor has lni-.i a Led a conditional amendment, to the
Gon Lng Map of L he Cry of Virginia Meach, Virginia, by pet itlor.
address the Grantee as tochange tine Zoning Classification of the
Proppb Ly _rem R h Residential District to Condi Li caul O-1 Cffice
Dist riot; and
ry Ac, the Grantor has voluntarily proffered, in writing in
advance of and prior to tae public hearing before the Grantee, as part
,f the proposed amendment to the Hob .ng Map, in additional to
regulaLions provided for the C-'i Office Di strict by the existing
overa . I Zoning rcr ante, the following reasonable Gond i t ions related
to the physical development, opera ion, and use of the Property to be
adopted a . a part. of said amendment. to the Zoning Map relative and
app) i cable tae the Propebay, which has a reasonaba e relation to the
rezon i rig and are need for which is generated by the rezoning.
G=IN: 1480 89-4284-00CC
Prepared PL..: John G. Me ata, Esc.
VSE: 33212
l'ne Merna Law Group, PC
3623 Virginia Beach Blvd. ,
Virginia Beach, VA 23452
NOW, THEREFORE, the Grantor, for itself, it successors, personal
representatives, assigns, grantees, and other successors in Lille or
interest, voluntarily and without any requirement by or exaction from
the Grantee or its governing body and without any element of
compulsion cr cold pro duo for zoning, rezoning, site plan., building
permit, or subdivision approval, hereby make the following declaration
of conditions and restrictions which shall restrict and govern the
physeal development, operation, and use of the Property and hereby
covenant and agree that_ this declaration shall constitote covenants
running with the ProperAy, which shall be 'oh-icing upon their
successors, personal representatives, assigns, grantees, and other
successors in interest or title which will not be required of the
Grantor until execution ofe purchase contract occurs and property
is developed:
Any exterior development, improvements, changes, or
modii atir shall be consistent with the exi .Lino residential nature
of the exterior cf the building . Any alteration to the exterior of
Cie building shall he submitted to the Planning Director for review
and deemed acceptable as meeting this reqs iremen.t prior to the
issuance of a building permit .
2) is the 0-1 GfFinA District, ani uses permitted as either a
principal ,e or as a conditional use, with required approval, shall
be permitted except :he following:
a. Cemeteries;
lim . .nin'un icatio n towers;
_. Eat irg and drinking e t tl 'i sl:ments;
d. Fiber-optics transmission facilities;
e. Florists retail;
f. Funeral homes;
o. Hair care centers including barber shops and beauty
,.aims;
it. Ecme-based and pub] ic wildlife rehabilitation
faciiities;
_. Television or other broadcasting stations; or
j . Wind energy convey sion systems .
3 . When the site is converted to a use permitted in the 0-1
Cf five District, the improvements shall be as subs tentfally shown on
the exhibit entitled, "REZONING EXIJIBTT, TIE MERNA LAW GROUP OFFICE
BUILDING, GSE AL3ERTHA5 DRIVE, VIBGINIA 3EACH, VA 23452", inc]udirig
the parking lot and plantings, which has been exhibited to Lhe
V irsinia Reach CM cy Council and is or file with the Vi reinla Beach
Departrent of Pla nrE no and `.omnunit7 Level opine r.t-
4 .
.4 . _ t rt her conditions may be recut red by the Grantee during
Site Elan review and administration of applicable City codes by all
coin: cart City agencl es and depa r trrents to meet all appl i cable City
.ode recuirements . Any -efe ences hereinabove to the E-7 . 5
Residental L_stL rot and S Ai-A eio, ReatilatEons of the City of
Virginiarcinia, i n ii or ce as of the tate of approval of this
agreement. cy Ci louncil, ..h i cit are by this reference c ncorpora tea
he, e in.
Ile abode conCEions, havi re been proffered by the Grantor
and all ere and accepted by e Grantes as part of the amendment to
the lash rut flirdi dance, shall continue in full force and effect until a
ctseo.'ect amencifent chances the zoning of the Property and
spec f_ca] ly refea I s such condi conditions. Cunt condi t.I ons shal' continue
des pi te a schseguent amendment. to the 'fon ino Ordinance even if the
sitticeatuent. amendment is part cif a comprehensive imp 1emertat.i on of a
new c bsCant iallg rev I. ed Zoo Inn, Ctdil nar'ice until specifically
_epea leg . ?he condi tions however, may be repealed, amended, or
varied by '.'.'litter r,_s trcmtrt recorded in the Clerk_' s. Office of the
Circuit Com rt of the Ci Cy .,f Virginia =each, Virginia, and executed by
the record owner of the ?roper Ly at the time of r eco rda Lion of such
irstrumert, provided that said ins.. riment i _ consented to by the
Grantee in writing as evidenced by a certified copy of an ordinance or
a resolution adopted by the governing body of the Grantee, after a
public hearing before the Grantee which was advertised pursuant to the
provision of Section 15.2-2204 of the Code of Virginia, 1950, as
amended. Said ordinance or resol utioc shall he recorded along with
said instrument as conclusive evidence of such consent, and if not so
recorded, said instrument shall be void.
The Grantor covenants and agrees that:
(1) Jt:e Zoning Administrator of the City of Virginia Beach,
Virginia, shall bm vested with all necessary authority, on behalf of
the dove rn i ng body of the City of Virginia Beach, Virginia, to
administer and enforce the foregoing conditions and restrictions
including the author'ry (a) to order, in writing, that any
noni:omplianme with such conditions be remedied; and (h) to bring lecal
action or suit to insure compliance with such condi ti ors, .inn I lding
mandatory or prohibitory injunction, abatement, damages, or °inner
appropriate action, suit, or proceeding:
(2) The failure to meet all conditions and restrictions shall
cnst. Lute cause to cony the issuance of any of the required building
or occupancy permits as may be appropriate;
IS) if aggrieved by any decision of the Zoning Administrator,
made porsuaht to these puurvi si ons, the bran for shat I petition the
govern g body of the review thereof prior to ihist itut inn proceedings
c,_ and
(4) The Zohihg Map may show by an appropriate symbol on the map
de ex i strice of conditions attach i no to the zoning of the Property,
and the ordinances and the ondininns may be made readily available
and acce si Lie for public rspentic in the of five of the Zoning
Adm n i st rater anti the Plann i_ g Department, and they shall be recorded
in the Clerks Office of the Circuit Court of the City of Virginia
1
Beach, Virginia and indexed in the names of the Grantor and the
Grantee.
FITNESS the following signature and seal:
Grantor:
MERNA HOLDIdGS, LC,a Virginia
limited li i il�- corp.-cation.
i
By: ,%
A (SEAL)
.Sohn G. Merna, President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit: 44.(.,
The foreccing instrument was acknowledged before me on this
day of June, 2017, by John G. Merna, President of Merna Moldings,
LLC, a Virginia limited liability corporation, Grantor.
C/A c
Notary
eri
131
My Comn:i 551 on Expires: QA�Q
. rI 2x11
Notary lAegistraLicn Number:
HEATHER ANN TATE
NOTARY PUBLIC
PFGISTRATION a 7081384
COM MO NWEALTH OF VIRGINIA
eroperty Owne 1 '
Allen D. 1c.:r:g
STATE CP VIRGINIA
CITP ;F VIRGINIA REACH, wit_: �oL
Tforegoing nstrument as acknowledged before me on this
day of June, 2017, by Alien D. Young, property owner of 656
A berth_ Drive, Virginia near= VA 2345/2,, '`'�property�. (ow/Inneer.
Notary Public
Comnissior ;xpiresCr(,f,VCI&f 31, 20
r Regi 1 at ion Number: 7
HEATHER ANN TATE
•IoIARY Fu B IC
H'.a BTRATION a 7082384
COY MON W EALI H OF VIRGINIA
Pro erty Cwne s 2:
A
Patricia A. You
STATE OF VIRGINIA
CITY OF VIRGINIA_ BEACE, to-wit: �e
The foregoing instrument was acknowledged before me on this
day of June, 2017, Patricia A. Young, property owner.
nAa
Notary P° lin
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Notary Registration Num .sr:
HEATHER ANN TATE
NOTARY PUBLIC
REGISTRATION R 7082384
COM MO NWEAII H OF VI H GIN IA
Legal Description of 656 Alberlhas Drive,Virginia Beach,VA 23052
EXHIBIT A
ALL THAT certain lot, piece or parcel of land with the buildings and improvements
thereon the appurtenances thereunto belonging, lying, situate and being in the City of
Virginia Beach, Virginia, and being known, numbered and designated as Parcel A as
shown on that certain plat entitled, "Survey of property for Benjamin S. Woolston,
Princess Anne County, Virginia", 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 50,at page 9.
PARCEL II:
ALL THAT certain lot, piece or parcel of land with the buildings and improvements
thereon and appurtenances thereunto belonging, lying, situate and being in the City of
Virginia Beach, Virginia, and being known, numbered and designated as Property of
Dennis Harvey located in Little Neck Princess Anne County, Virginia, as shown on that
certain plat duly recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach,Virginia,in Deed Book 565,at page 362.
BEGINNING at a point in the western line of Little Neck Road where the same is
intersected by the dividing line between the property conveyed and the property now or
formerly belonging to Harvey Wilson and from said point of beginning, thence South 32
degrees 30' West 220.03 feet to a pin; thence South 33 degrees 15' East 100 feet to a pin;
thence North 52 degrees 30' Fast 20.03 feet to a pin in the western line of Little Neck
Road; thence along the western side of Little Neck Road North 33 degrees 15' West 100
feet to the point of beginning.
Legal Address has been changed to 656 Alberthas Drive.
IT BEING the same property conveyed to Thomas J. Faucette and Sandra F. Faucette,
husband and wife by deed from Bishard Development Corp., a Virginia Corporation
dated March 10, 2005 and recorded in the aforesaid Clerk's Office as Instrument Number
200503150038962.
GP1N: 1487-89-6284-0000
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u°. 2 CITY OF VIRGINIA BEACH
- a - INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-9885
DATE: August 23, 2017
TO: Mark D. Stiles DEPT: City Attorney
FROM: B. Kay Wilsor' DEPT: City Attorney
RE: Conditional Zoning Application; Franklin Johnston Group Management &
Development, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on September 5, 2017. I have reviewed the subject proffer agreement, dated
June 21, 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
Document Prepared By:
Troutman Sanders LLP
222 Central Park Avenue,Suite 2000
Virginia Beach,VA 23462
AGREEMENT
s4-
THIS AGREEMENT is made as of thisod day of Jtd.VL , 2017, by and between
VIRGINIA WESLEYAN COLLEGE, a Virginia non-stock corporation ("VWC" and to be indexed as
grantor), FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC, a
Virginia limited liability company ("FJG" and to be indexed as grantor)(FJG and VWC together referred
to as "Grantor-), and the CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia (hereinafter referred 10 as the"Grantee", and to be indexed as grantee).
WITNESSETH:
WHEREAS, VWC is the current owner of that certain property located in the City of Virginia
Beach, Virginia, identified as GPIN No. 1458-95-8699-0000 (the "Property"), which is more particularly
described in the legal description attached hereto and incorporated herein by reference as Exhibit A; and
WHEREAS, FJG is the proposed developer of the Property; and
WHEREAS, Grantor has initialed 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 R-I5 to Conditional A-24; 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.
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 A-24 are needed to cope with the situation to which Grantor's rezoning application gives rise; and
WHEREAS, 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 A-24 zoning districts by the existing City's Zoning
Ordinance (C70), 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 are generated by
the rezoning; and
WHEREAS, said conditions having been proffered by 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
GPIN NOS.: 1458-95-8699-0000
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 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 he recorded along with said instrument as conclusive
evidence of such consent.
NOW THEREFORE, 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 make the following declaration of conditions and
restrictions which shall restrict and govern the physical development, operation and use of the Property
and hereby covenant and agree that these proffers (collectively, the "Proffers') shall constitute covenants
running with the said Property, which shall be binding upon the Property and upon all parties and persons
claiming under or through Grantor, its heirs, personal representatives, assigns, grantees and other
successors in interest or title,namely:
I. The Property, when developed, shall be developed in substantial conformity with the
conceptual site plan prepared by Cox, Kliewer & Company, P.C., entitled "Wesleyan College
Apartments". and dated June 15, 2017 (the "Concept Plan"), a copy of which is on file with the
Department of Planning and has been exhibited to the Virginia Beach City Council.
2. The quality of architectural design and materials of the multifamily residential buildings
constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared
by Cox, Kliewer & Company. P.C., entitled `Wesleyan College Apartments", and dated April 11, 2017
(the --Apartment Elevations"), a copy of which is on file with the Department of Planning and has been
exhibited to the Virginia Beach City Council.
3. The perimeter landscaping on the Property, when developed, shall be landscaped in
substantial conformity with the landscape plan entitled "Streetscape Planting Wesleyan Apartments"
prepared by Siska Aurand dated June 16, 2017. The exact species of the various types of landscaping
may vary from the plan depending upon the availability of landscape material at the time of installation.
4. The number of multifamily residential units located on the Property, when developed,
shall not exceed a total of two hundred fifty-two (252).
5. When the property is developed, the Grantor or its assigns will install a monument styled
flee-standing sign substantially where depicted on the Concept Plan. The monument sign cannot exceed
a height of 10 feet, shall be externally lit and shall be complimentary to the design and materials of the
apartment buildings.
6. Subject to coordination with the City of Virginia Beach,Grantor shall install a 100' right
turn lane into the Property from Wesleyan Drive. The exact location will be determined at site plan
review to avoid impacting existing City traffic control equipment and structures.
2
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. 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 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 he 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,
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 snap 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 Grantor and Grantee.
[Remainder al page intentionally left hlank Signature pages to.follow.]
•
3
102
Item-VII-J.8
PLANNING ITEM#67390
R.J. Nutter, 222 Central Park Avenue, Phone: 687-7500, represented the Applicant.
Teresa Chadwick, 1009 Baker Drive, Phone: 406-1802, spoke in OPPOSITION.
Ashley McLeod, 5508 Del Park Avenue, Phone.' 748-7084,spoke in OPPOSITION
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, AS
PROFFERED, Ordinance upon application of FRANKLIN JOHNSTON GROUP MANAGEMENT&
DEVELOPMENT, LLC and VIRGINIA WESLEYAN COLLEGE for a Conditional Chante of Zoning
from R-15 Residential to Conditional A-24 Apartment at 5900 Wesleyan Drive DISTRICT 4-BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of FRANKLIN JOHNSTON
GROUP MANAGEMENT & DEVELOPMENT, LLC and
VIRGINIA WESLEYAN COLLEGE for a Conditional Change
ofZoningfrom R-15 Residential to Conditional A-24 Apartment
at 5900 Wesleyan Drive (GPIN 1458958699) DISTRICT 4 -
BAYSIDE
The following condition shall he required:
An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, Fifth day of September, Two
Thousand Seventeen.
Voting: 8-2
Council Members Voting Aye:
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 and Rosemary Wilson
Council Members Voting Nay:
Jessica P. Abbott
John D. Moss
Council Members Absent:
None
Council Members Abstaining:
James L. Wood
September 5, 2017
IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first
written above.
VWU:
Virginia Wesleyan University,
a Virginia non-stock
�corporation
By: \\J� -
Name: seely D M / LLeC____
Title: PRE 5 / DEn/;
COMMONWEALTH/STATE OF 1.4-" *a✓
CITY/COUNTY OF `he•l„G2 , to-wit:
The foregoin& instrument was acknowledged before me this at day of .0
20 /9 , by X>Le 0. :rads ) , who is personally kno n to me or has produced
2✓zz71.wwUt..�.v-�/ as identification, in his/her capacity as V�a.da4" of
Virginia Wesleyan University, a Virginia non-stock corporation, on behalf of the company.
E eb
G Notary Public
My Commission Expires: /6/31 h1
r Elaine Aird
361.00 S NOTARY PUBLIC
Registration No. Commonweann of v,rginia
R, = 367enS
My ryon r rssror Expires Oct 31 2017;' i .
[NOTARIAL SEAL/STAMP] ti ] `
•
4
DEVELOPER:
Franklin Johnston Group Management& Development,
LLC,
a Virginia limited liability company
By:
Name /a»a1M. NIDA/13/b7
Title: Mond4e.-
COMMONWEALT `/$TATE OF 0, . UVJ
H
CITY/COUNTY OF V [ t,c t • , to-wit:
The foregoing instrument was acknowledged before me this G9tS4 day of Lt.11 e_ ,
20t , by`\n.YD&C„ V-I 10 iAirS}tri who is personally known to me or hproduced
as.ibientification, in his/her capacity as I1"GWteJq_.t/ of
Franklin Johnston Group Management & Development, LLC, a Virginia limited liability
company, on behalf of the company. A
Notary Public
My Commission Expires: �i a S I a I
C`. Ghia Hamson
3 1 S NOTARYq# 3975
UBLIC
Registration No. 1 1 Reg u TH
COMMONWEALTH OFe VIRGINIA
[NOTARIAL SEAL/STAMP] ^%wmmisun expires fe6.40,2y21
5
Exhibit A
Legal Description of Property
ALL THAT certain lot, piece or parcel of land, together with any buildings and improvements
thereon, and all appurtenances thereunto belonging, situate, lying and being in the City of
Virginia Beach, Virginia, known and designated as "PARCEL A" on that certain plat entitled
"RESUBDIVISION PLAT OF LOTS 19, 26, 27, 28 AND 29 L &: J SITES (M.B. 18, P. 53)
AND PORTION CLOSED BURMA ROAD (CITY ORDINANCE NUMBER 3367C) FOR
VIRGINIA WESLEYAN COLLEGE VIRGINIA BEACH, VIRGINIA", dated August 4, 2015,
prepared by MSA, P.C., which plat was duly recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia as Instrument Number 20150828000843530.
6
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JAMES L,W000 PHONE: (757)3408411
COUNCILMAN-DISTRICT 5•LYNNHAVEN FAX (757)S1p"MR
(MmEOVOUv+on
In Reply Refer to 0061316
September 6,2017
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 Franklin Johnston Group Management &Development,LLC
and Virginia Wesleyan College for a conditional change of zoning for property
located at 5900 Wesleyan Drive.
2. Property three lots away from the property that is the subject of this application and
located at 6008 Wesleyan Drive is owned by Wood-Taylor, LLC.
3. I have a personal interest in Wood-Taylor,LLC. Its principal office address is 208
Ash Avenue Suite 101,Virginia Beach, Virginia.
3. I chose to disclose this interest and abstained from voting on this application.
Please record this declaration in the official records of City Council. Thank you for your
assistance.
Sincerely,
James L. Wood
Councihnember
JLW/RRI
208 ASH AVENUE,SUITE 101.VIRGINIA BEACH,VA 23452
103
Item—VII-J.9
PLANNING ITEM#67391
Barbara Messner spoke in OPPOSITION.
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, and
CONDITIONED, BY CONSENT: Ordinance upon application of SACRED DAGGERS, LLC and
GIBSON ENTERPRISES,LLC for a Conditional Use Permit re a Tattoo Parlor at 3972 Holland Road
DISTRICT 3—ROSE HALL
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of SACRED DAGGERS, LLC and
GIBSON ENTERPRISES, LLC for a Conditional Use Permit
re a Tattoo Parlor at 3972 Holland Road (GPIN 1486157638)
DISTRICT 3—ROSE HALL
The following conditions shall be required:
1. A business license for the Tattoo Parlor shall not be issued to the applicant without
the approval of the Health Department for consistency with the provisions of Chapter
23 of the City Code.
2. The actual application of tattoos shall not be visible from the exterior of the
establishment or from the waiting and sales area within the establishment.
3. Any on-site signage for the Tattoo establishment shall meet the requirements of the
City Zoning Ordinance (CZO), and there shall be no neon, electronic display or
similar.sign installed on the exterior of the building or in any window or on the doors.
Window signage shall not be permitted. A separate sign permit shall be obtained from
the Planning Department for the installation of the signage.
This Ordinance shall be effective in accordance with Section 107(WJ of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, Fifth day of September, 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
September 5, 2017
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104
ITEM VII-K
APPOINTMENTS ITEM#67392
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
AGRICULTURE ADVISORY COMMITTEE
BEACHES and WATERWAYS ADVISORY COMMISSION
COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE
HOUSING ADVISORY BOARD
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE(MEDAC)
PARKS and RECREATION COMMISSION
PROCESS IMPROVEMENT STEERING COMMITTEE
PUBLIC LIBRARY BOARD
RESORT ADVISORY COMMISSION
STORMWATER APPEALS BOARD
TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
September 5, 2017
105
ITEM UH-K
APPOINTMENTS ITEM#6 7393
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
HUNTER D. HANGER
Four year term 10/01/2017—09/30/2021
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
•
September 5, 2017
106
ITEM VU-K
APPOINTMENTS ITEM#67394
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
WILLIAM BRUNKE
Three year term 09/01/2017—08/31/2020
PARKS and RECREATION COMMISSION
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
September 5, 2017
107
Item-VII-N
ADJOURNMENT ITEM#67395
Mayor William D. Sessoms,Jr., DECLARED the City Council Meeting ADJOURNED at 8:05 P.M.
1
Amanda Finley-artMC
Chief Deputy City Clerk
+Ltece
'uth Hodges-rarer, MMC William D. Sessoms,Jr.
City Clerk Mayor
City of Virginia Beach
Virginia
September 5, 2017
108
OPEN DIALOGUE
Michael Callahan, 2132 Sanctuary Court, Phone: 620-6537, spoke in SUPPORT of removing the Civil
War Monument These monuments are a `lightening rod for white supremacist groups". He requested
the City Council consider removing the monument located in the Municipal Complex and place it in a
Civil War Museum.
Tessa and Kathy Fowler, 4344 Foreman Trail, Phone: 575-4445, did not respond.
Lawrence McCauley, 4201 MacArthur Road, Phone: 408-1048, spoke in OPPOSITION of removing the
Civil War Monument. The Virginia Code allows for war monuments to be erected and it is unlawful for
the authority of the locality or any person(s) to disturb or interfere with said monument(s). Some feel
these monuments should he moved to a "museum" but how does moving locations change the meaning?
The meaning of the monuments must be changed in hearts and minds.
Muriel Thomas, 4721 Ferry Plantation Circle, Phone: 409-0935, spoke in SUPPORT of removing the
Civil War Monument She feels the monument is like a wound, if you scratch it, the wound bleeds. When
she sees Confederate Flags or Civil War Monuments, it is a reminder of what her ancestors endured. She
suggests the monuments be covered.
Rona Marsh, 4382 Lynnville Crescent, advised the Unfunded Liabilities in the City have grown to a
"crisis amount"of$1.384-BILLION. The Unfunded Liability has increased by$415-MILLION in two (2)
years alone. The Commonwealth formed a sub-committee to determine, through the Legislature, the
financial soundness of retirement plans for the local and state employees. The City continues to make
'partial payments"and this should stop.
Reid Greenmun expressed his appreciation to City Council for allowing citizens to speak; however, he
has asked the City modify the way in which votes are conducted. For example, there is no opportunity for
citizens to voice concerns or support for items being considered by The Hampton Roads Transportation
Accountability Commission (HRTAC). Since the City carries the bulk of the weighted voting of HRTAC,
the issues should be first voted on by this City Council and then that vote be taken to the Regional Board.
Roy L. Berry-Bay, Phone: 804-252-9109, spoke in SUPPORT of removing the Civil War Monument and
requested the City Council "Take It Down". The First Amendment mandates "governmental neutrality"
and the Confederate Monuments have no place on public property or in government. These monuments
represent racial intolerance and do not appropriately reflect the values of diversity and inclusion that
make Virginia Beach the great city it is today.
Barbara Messner advised this "Open Dialogue"is the only opportunity citizens have to choose what they
want to speak about not what is placed on the City Council Agenda. She requested this portion of the
meeting be held during the regular meeting and videoed with the rest of the meeting. Also, parking
continues to be an issue from Rudee Inlet to the North End of the Oceanfront and needs to be addressed.
ADJOURNED AT 8:30 P.M.
September 5, 2017