OCTOBER 3, 2017 MINUTES 4\
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 3, 2017
Mayor William D. Sessoms, Jr., called to order the City Council's Briefing on WILDFIRE 5G in the
City Council Conference Room, Tuesday, October 3, 2017, at 4:00 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
2
CITY COUNCIL'S BRIEFING
WILDFIRE SG
ITEM#67448
4:00 P.M.
Mayor Sessoms welcomed Dave Deming, Acting Chief Executive Officer and Chief Financial Officer.
Mr. Deming expressed his appreciation to City Council for their continued support:
WildFire 5G
Reaching the Unreachable-Connecting Rural America
I
Here is Wildfire 5G's Quest:
Our Quest (44
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A partnership between Microsoft and Wildfire 5G to provide
low cost, high performance, hybrid networks and protected
internet to underserved areas of the United States.
i Microsoft
W1143. 53
October 3, 2017
3
CITY COUNCIL'S BRIEFING
WILDFIRE 5G
ITEM#67448
(Continued)
Here is an Overview of the Executive Summary:
Executive Summary
Wild, ., 5G
• Hybrid Network
• Performance confirmed
Cost, Quality. Security, Customer Portals, Installation Techniques
• Compatibility and accuracy assessed and approved
Hardware. Software, Programming,Mapping, Modelling
• Joint ambition to exploit first mover advantage
• Presentation concentrates on delivering next phase successes
wua LLS3 -
Wildfire 5G has completed work in Northwest Georgia:
•
Northwest Georgia411101r
Hybrid Wireless Internet Solution ��dFlfe
WildFire 5G in partnership with Microsoft embarked upon an ambitious.focused
deployment of a next generation Hybrid Wireless Pilot.This leading edge solution ... lel I i
serves both residential and commercial customers. - —
Features
• Speeds of up to 300Mbps - � "'•�
• Protected Internet Solution
• Low Cost Consumer Offering .4le-
• High Value Enterprise Offering
• Targeted City Wide Deployment
Location: Northwest Georgia.USA
Date: Spring 2017
APpllutlon: Hybrid WieMsaInternet Service
Clients: Dalton Wlieee.Microsoft Emergency Management Agency.Christian Heritage School.el al.
Technologies: 802 rise 802.ttec.FireWors Network Mapping FireSafe Dynamic F,Itraton in SglsomofNn-
WarM
Population: 79000
Product Offering: Protected High Speed Wireless Internet
Dorrora
w•/YY eeeyW «
www.wddtir.Sg.com
October 3, 2017
4
CITY COUNCIL'S BRIEFING
WILDFIRE 5G
ITEM#67448
(Continued)
The Pilot Access Points will be in the Lake Edwards area of the City:
Mapping the Deployment - Target Regions d
wiidFtl e5G
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Here is an example of how the network works with an antenna attached to the side of house to receive the
"Long Range"wireless signal:
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October 3, 2017
5
CITY COUNCIL'S BRIEFING
WILDFIRE 5G
ITEM#67448
(Continued)
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Here is an example of how the network works with an antenna attached to the side of house to receive the
"Rural Solution"wireless signal:
Product Hot Space
_ Technology TVWS
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October 3, 2017
6
CITY COUNCIL'S BRIEFING
WILDFIRE 5G
ITEM#67448
(Continued)
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Bridge, Beam and Space Solutions w.iu,
This is a New Paradigm:
A New Paradigm a 1
• No contracts Midi-li L5G idi"IL5
• Last Mile Solutions
• Family safe networks with filtered content
• Microsoft devices bundle with the network
• Educational outreach
11•Microsoft
Wild...JG
October 3, 2017
7
CITY COUNCIL'S BRIEFING
WILDFIRE 5G
ITEM#67448
(Continued)
Here are the company's Expectations:
Expectations ,(t
Wild/ L5G
• Partnership between all parties with City of Virginia Beach and Wildfire 5G,
Inc.taking the leads
• Eliminating the Homework Gap—One free account for every student
• Creating a True Public Safety Network
• Delivering a Network that drives Community and Tourism
• Bridging Urban and Rural
l•Microsoft
wua._xc
Here are the Next Steps:
Next Steps ,(t
wndh it 5G
• Joint task force to complete plan and prioritize target markets
• Partnership Agreement
• Pilot locations & deliver 2017 - 2018 plan
Microsoft
October 3, 2017
8
CITY COUNCIL'S BRIEFING
WILDFIRE 5G
ITEM#67448
(Continued)
Questions?
__
Mayor Sessoms expressed his appreciation to Councilman Davenport for leading this initiative, as well as
Mr. Deming for a very informative presentation.
October 3, 2017
9
CITY COUNCIL'S BRIEFING
STORMWATER ENTERPRISE FUND
AUDIT RESULTS
ITEM#67449
4:27 P.M.
Mayor Sessoms welcomed Lyndon Remias, City Auditor. Mr. Remias expressed his appreciation to City
Council for their continued support:
City of Virginia Beach
VB City Auditor
Audit of Stormwater Management Utility
City Council Presentation
Tuesday,October 3, 2017
Lyndon S. Remias,City Auditor
Gretchen Hudome, Deputy City Auditor
Tim Bell,Senior Auditor
Tony Gonzalez,Senior Auditor
Here is the Purpose of the Audit:
Purpose
• City Council, by resolution adopted on April 18,
2017, requested an audit of the City's
stormwater management utility. "Utility" means Disc
the enterprise fund created to operate,
maintain, and improve the City's stormwater
�x•
management system. ‘1111114—
•
• This audit addresses the accounting for revenues -
collected by the utility and the use of the
revenue for the general welfare, health, and
safety of the City and its residents.
October 3, 2017
10
CITY COUNCIL'S BRIEFING
STORMWATER ENTERPRISE FUND
AUDIT RESULTS
ITEM#67449
(Continued)
Here are the Scope and Objectives of the Audit:
Scope and Objectives
• Scope
• Revenues and expenditures of the Stormwater Management Utility
enterprise fund and stormwater-related capital projects for the period of
July 1,2016 through June 30,2017 and multi-year analytics.
• Audit Objectives
• To ensure proper and appropriate assessment, accounting, and
completeness of the City's stormwater management utility revenue.
• To ensure City's stormwater revenues are expended only for stormwater
purposes and controls are in place for proper accounting for stormwater
expenditures.
• To ensure the City's stormwater capital improvement program (CIP)
revenues and expenditures are properly accounted for and appropriately
managed.
Methodology
• To accomplish our objectives, we performed the following:
• Obtained and reviewed pertinent laws, regulations, policies, processes, and
procedures regarding stormwater management through inquiry and
examination of documents and data.
• Met with appropriate staff to discuss the City's stormwater management
and capital improvement programs.
• Assessed whether design of the City's policies and processes are adequate to
ensure compliance and reduce the risk of noncompliance and loss to an
acceptable level.
• Performed analysis and tests of data designed to identify trends and high-
risk criteria.
• Selected samples of stormwater revenues, expenditures, and capital
improvement projects for review based on the results of our analysis.
• Traced our samples to documentation supporting compliance. Investigated
anomalies/irregularities.
October 3, 2017
11
CITY COUNCIL'S BRIEFING
STORMWATER ENTERPRISE FUND
AUDIT RESULTS
ITEM#67449
(Continued)
Here is the Background of the Stormwater Management program:
Background
• Stormwater management is the handling and/or managing of excess
rainfall (runoff) in a manner that controls flooding and limits water
quality degradation. An effective Stormwater Management Program
addresses flood control,water quality and regulatory compliance, and
infrastructure management including operations and maintenance.
• The City's Stormwater Management Utility was established by City
Council ordinance in 1993 to provide for the general welfare, health,
and safety of the City and its residents.
• The City's stormwater management goals include:
o Promoting effective storm water drainage from developed areas to minimize
flooding
oMaintaining and protecting the City's long-term investment in its network of
storm drains and related infrastructure
o Improving the quality of the storm water discharged into the City's waterways
o Informing and educating residents on storm water issues
Here is an Overview of the Stormwater Management Utility Fees:
Stormwater Management Utility Fees
• In accordance with City Code section 32.5-4, the City charges stormwater
fees for each developed residential and nonresidential parcel. The party
responsible for payment may be the owner, property manager, or the
tenant.
• Effective July 1, 2017, the ERU rate increased from 43.3 cents per day to
45.8 cents per day.
• The stormwater fee is billed monthly as part of the City's combined
services(water,sewer,stormwater and waste management) bill.
• The City switched from a bi-monthly to a monthly billing cycle on July 1,
2017.
• Public Utilities assumed full stormwater customer service and account
management responsibilities from Public Works on July 1, 2016. Prior to
FY17, Public Utilities was responsible for billing and customer service.
Public Works was responsible for account management.
October 3, 2017
12
CITY COUNCIL'S BRIEFING
STORMWATER ENTERPRISE FUND
AUDIT RESULTS
ITEM#67449
(Continued)
This Chart shows the correlation between the fees assessed, collections and the daily fee:
Stormwater Management Utility Fee Revenue
$45,000,000 0.500
$40,000,000 0.450
$35,000,000 0.400
0.350
$30,000,000
0.300 u
LL
$25,000,000 0.250 t
$20,000,000 0.200
LL$15,000,000 0.150
$$5,10,000,
000,000000 I II I 0.100
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SO ' 0.000
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Fiscal Year
Assessed Fees Collected Fees Daily Fee
Here is an Overview of the current Stormwater Infrastructure System:
Stormwater Management Utility
• The maintenance and repair of the current stormwater infrastructure
system is accounted for in the Stormwater Management Utility Fund,
and financed by stormwater utility fees
• The City's stormwater infrastructure includes:
• 1,200 miles of pipe
• 790 lakes and ponds
• 44 miles of canals
• 564 miles of ditches yam.
• 38 dams and spillways R;
• 59,000 manholes and basins
• 15 pump stations
• Oceanfront Boardwalk and Seawall
• In FY17, there were 15,474 work orders completed for maintenance
and repairs to the stormwater infrastructure throughout the City.
October 3, 2017
13
CITY COUNCIL'S BRIEFING
STORMWATER ENTERPRISE FUND
AUDIT RESULTS
ITEM#67449
(Continued)
This map depicts the FY2017 and 2018 Completed Work Orders, as well as the Open Work Orders:
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Stormwater Management Utility
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October 3, 2017
14
CITY COUNCIL'S BRIEFING
STORMWATER ENTERPRISE FUND
AUDIT RESULTS
ITEM#67449
(Continued)
The Public Works Engineering Division oversees development and management of Capital Improvement
Projects, while the Operations and Maintenance Division does the actual hands-on work of the various
Stormwater components:
Stormwater Management Utility
• The Public Works Engineering Division oversees development and
management of stormwater capital improvement projects,
stormwater strategic planning, and the MS4 stormwater permit.
• The Public Works Operations and Maintenance Division does the
actual hands-on maintenance of maintaining, cleaning, and repairing
the various stormwater components.
• Each year, the fund transfers a budgeted amount for building and/or
replacing additional stormwater infrastructure to sustain flood control
functions, protect water quality, and maximize lifespan of the
infrastructure to the Stormwater Capital Projects Fund.
• In FY17, maintaining the current stormwater system accounted for
approximately $28,779,053 of $37,869,053 expended for stormwater
while$9,090,000 was transferred to stormwater CIP projects.
NOTE.EY17 Expenditure Amounts based on I,SITE data extracts and reports as of August 6,2017,00or to year-end closeout.
Here is an Overview of the Stormwater Capital Improvement Program:
Stormwater Capital Improvement Program
• Stormwater infrastructure is the foundation that enables the City to
manage stormwater runoff to control flooding and erosion and
maintain water quality for its citizens and the environment. The
acquisition, construction, expansion, rehabilitation, and upgrade of
infrastructure are accomplished through CIP projects.
• Stormwater related capital project funding and expenditures are
administered and accounted for separately through the Stormwater
Capital Projects Fund.
October 3, 2017
15
CITY COUNCIL'S BRIEFING
STORMWATER ENTERPRISE FUND
AUDIT RESULTS
ITEM#67449
(Continued)
This map depicts the FY2017 and 2018 Completed Work Orders, as well as the Open Work Orders:
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Audit Results
1. Stormwater Revenue
2. Stormwater Expenditures
3. Stormwater CIP
October 3, 2017
16
CITY COUNCIL'S BRIEFING
STORMWATER ENTERPRISE FUND
AUDIT RESULTS
ITEM#67449
(Continued)
Here is an Overview of the Stormwater Revenue:
Results: Stormwater Revenue
• At the time of our review,there were 131,164 active stormwater
accounts.
Active Stormwater Accounts by Service Type and ERUs
*/ Service Type Number of Accounts ERUs
Residential Government
(RSTM)i (GSTM) 8 140.0
49 Multifamily
•
(MSTM) 3,322 30,700.3
/ Residential(RSTM)123,618 124,112.3
nt Total 131,641 251,441.0
Results: Stormwater Revenue
• We performed analysis and tests of data designed to determine the
completeness and accuracy of the stormwater account data
maintained within the Banner CIS system.
• We identified the following issues related to completeness and
accuracy:
Inactive Accounts without Corresponding Active Accounts 139
Possible Service Misclassification 37
Accounts with Active Service,Not Billed 13
Residential and Commercial Accounts Billed where ERU is less than 1 32
Accounts with Active Service,Not Billed in last 90 Days 5
Accounts where Impervious Area and/or ERUs are Blank(See NOTE) 7
Erroneous GPINs 5
Inactive Accounts with Active Service 1
NOTE:Impervious area la used In the calrulason of the stormwater rate
October 3, 2017
17
CITY COUNCIL'S BRIEFING
STORMWATER ENTERPRISE FUND
AUDIT RESULTS
ITEM#67449
(Continued)
Seven (7) accounts were identified where the ERUs and/or the impervious surface area fields
were blank:
Results: Stormwater Revenue
• There were seven (7) accounts where the ERUs and/or the impervious
surface area fields were blank.
• The impervious surface area is necessary for fee determination.
• These accounts were initiated in June 2017 using the newly
implemented mobile dispatch capabilities, which allows field
personnel to complete and close service orders in the work
order system. Field results are automatically uploaded to
Banner CIS.
• Public Utilities is currently working with the vendor to fix the
problem and has implemented a manual workaround to ensure
all required fields are populated until the issue is corrected.
• The accounts identified during our audit have been updated.
• For these seven accounts no revenue was lost.
The Audit also compared the GPIN of active Stormwater accounts to the City's Land Book data
maintained by the Real Estate Assessor's Office:
Results: Stormwater Revenue
• We compared the Geographical Parcel Identification Numbers (GPIN) of
active stormwater accounts to the City's Land Book data maintained by the
Real Estate Assessor's Office to ensure completeness.
• We identified 2,051 parcels as high-risk with regard to not being
charged stormwater fees based on our comparison of the GPINs of
active stormwater accounts to the Land Book data.
• There were 37 parcels where the REA property type = commercial and
the stormwater service type=residential.
• We selected a random sample of 100 of these high-risk parcels for further
review.
• We determined that the stormwater fees for 90 (90%) of the parcels
were exempt, currently being billed to a master account, or an account
linked to an incorrect GPIN. Additional research and/or field
verifications were requested for the remaining 10.
October 3, 2017
18
CITY COUNCIL'S BRIEFING
STORMWATER ENTERPRISE FUND
AUDIT RESULTS
ITEM#67449
(Continued)
Here are the Audit Results for the Stormwater Revenue:
Results: Stormwater Revenue
• We determined the FY17 total fees assessed and recorded to be
reasonable given the total ERUs recorded.
• We recalculated the last billed stormwater amount for each active
account in our extract to ensure accurate calculation and
reasonableness.
• There were no exceptions.
• We traced properties with final plumbing and/or building permits
issued in May 2017 to active stormwater accounts to ensure new
accounts, when needed, were activated in a timely manner.
• There were no exceptions.
• Based on Public Utilities' research and field verifications completed
through September 22"d, we have identified 21 additional ERUs
amounting to$3,511 in annual billings.
Here are the Recommendations for the Stormwater Revenue portion of the Audit:
Recommendations
• In order to ensure the accuracy and completeness of stormwater
account information, management should:
• Review accounts identified as high-risk and exceptions noted to
ensure account information is correct and stormwater fees are
properly assessed.
• Implement a process to ensure changes to GPINs, including but
not limited to splits and mergers, are promptly identified and
recorded.
October 3, 2017
19
CITY COUNCIL'S BRIEFING
STORMWATER ENTERPRISE FUND
AUDIT RESULTS
ITEM#67449
(Continued)
Audit Results
1. Stormwater Revenue
2. Stormwater Operating Expenditure!
3. Stormwater CIP
Here is an Overview of the Stormwater Operating Expenditures:
Results* Stormwater Operating Expenditures
• The operating expenditures for the Stormwater Management Utility
are those generated and accounted for by the various Stormwater
budget units, while conducting stormwater-related activities including
street sweeping; ditch maintenance; pipe cleaning; inspections of
various stormwater infrastructure; pipe cave-in repairs; design,
planning, and management of stormwater projects; and compliance
with mandated stormwater regulations.
• Generally speaking, operating expenditures are the costs associated
with those activities that maintain the current existing stormwater
infrastructure.
• These expenditures are supported by the utility fees.
October 3, 2017
20
CITY COUNCIL'S BRIEFING
STORMWATER ENTERPRISE FUND
AUDIT RESULTS
ITEM#67449
(Continued)
Results: Stormwater Operating Expenditures
• Per City Code, Chapter 32.5, Stormwater Management Utility, all
revenues collected shall be used exclusively to provide services and
facilities related to the stormwater management system. The
revenues shall be used for the following:
• Acquisition of real or personal property, and interest therein necessary to
construct,operate and maintain stormwater control facilities;
• The cost of administration of such programs,to include the establishment of
reasonable operating and capital reserves to meet unanticipated or
emergency requirements of the utility;
• Engineering and design,debt retirement, construction costs for new facilities
and enlargement or improvement of existing facilities;
• Facility maintenance;
• Monitoring of stormwater control devices;and
• Pollution control and abatement,consistent with state and federal regulations
for water pollution control and abatement.
Here are the ten (10) Expenditure Line Items:
Results: Stormwater Operating Expenditure
Stormwater Management Utility Expenditures
Description FY 2015 FY 2016 FY 2017
Project Management $2,148,561 $2,648,719 $2,123,778
Customer Service $64,502 $54,445 $0
Operations and Maintenance $12,544,428 $12,066,441 $14,170,500
Inspections&Environmental Spills
Response $711,062 $811,336 $563,378
Residential Street Sweeping $391,872 $730,997 $2,833,231
Construction and Engineering $628,172 $1,105,359 $1,551,316
Surface Water Regulatory Compliance $0 $0 $852,705
Mosquito Control $0 $25,716 $2,160,040
Transfers to Other Funds $11,600,869 $11,109,631 $12,107,073
Debt Service $642,629 $145,667 $1,507,031
Total $28,732,095 $28,698,311 $37,869,052
October 3, 2017
21
CITY COUNCIL'S BRIEFING
STORMWATER ENTERPRISE FUND
AUDIT RESULTS
ITEM#67449
(Continued)
Here are the FY2017 Accomplishments relating specifically to Stormwater Operating Expenditures:
Results: Stormwater Operating Expenditures
• FY17 Accomplishments
Ditches Pc
Ski,,, BM- Dredging
660 linear 287 ) 778 13,512 11,935
feet of SU orders 42.4 miles maintenance inspections 60 dared miles of cable yards
pip• initiated maintained work orders of Ci — Of To SO
installed J maintained
110 streets p
completed aintained swept lakes
--- - - dredged
1,451,831 656 23,286
linear feet 753 cadets inspections of cubic
yards
of pipe JI 18.5 miles orbic yards
maintained punWktni inspected p atmlY of debris
ownad/ aint� removed
fined
203 catch
basins
repaired
32,316
cubic yards
of material
removed
Here are the FY2017 Stormwater Management Utility Expenditures by Category:
Results: Stormwater Operating Expenditures
FY17 Stormwater Management Utility Expenditures by Category
Category FY17 Total
Salaries $9,984,942 26%
Fringe Benefits 3,199,237 8%
Contractual Services 6,835,076 18%
Internal Services 1,501,770 4%
Other Charges 316,003 1%
Supplies 675,811 2%
Capital Outlay 1,718,918 5%
Site Acquisition/Improvements 23,191 0%
Debt Service 1,507,031 4%
Transfers to Other Funds 12,107,073 32%
Total $37,869,053 100%
Higher risk category """'"'""^•"'�" ^••^•• •.••'
Expenditures for Contracted Manpower deemed to be higher risk
October 3, 2017
22
CITY COUNCIL'S BRIEFING
STORMWATER ENTERPRISE FUND
AUDIT RESULTS
ITEM#67449
(Continued)
The next few slides are the Audit Results for the Stormwater Expenditures:
Results: Stormwater Operating Expenditures
• We reviewed the stormwater expenditures to ensure City's
stormwater revenues are expended only for stormwater
purposes and controls are in place for proper accounting for
stormwater expenditures.
• We identified trends and changes between FYs 15-17 expenditure data to determine causes.
• We performed analysis of FY17 stormwater expenditures. Expenditure categories classified
as high-risk were sampled for deeper review to determine if internal controls over
expenditures were reasonably adequate to ensure compliance with the following criteria:
• Proper authorization;
• Payment amount and payee agreed with support documentation;
• Paid from original invoice;
• Charged to correct fiscal year;
• Charged to proper budget unit and account;
• Adherence to contract(if applicable)and the City's purchasing policy;
• Trace to workorder (if applicable). Review workorder for proper authorization and
confirm activity is allowable use of stormwater funds.
• Adherence to City Code 32.5 criteria for stormwater expenditures.
• We identified no issues except as noted.
Results: Stormwater Operating Expenditures
• Contracted street sweeping =111
In April 2016, the City awarded DeAngelo Brothers, ,s
LLC (DBi) the contract to sweep all of the City's ��_"} Ir
residential streets (3,600 lane miles) with the goal of „` •
sweeping each street at least six(6)times a year on a
bi-monthly basis.
• We reviewed all invoices and supporting documentation for
contracted street sweeping.
• Supporting documentation included all areas swept by the contractor during
the period of the invoice and was verified and confirmed by the contract
management inspector.
• Contractor was compliant with contract terms and we noted no
exceptions.
October 3, 2017
23
CITY COUNCIL'S BRIEFING
STORMWATER ENTERPRISE FUND
AUDIT RESULTS
ITEM#67449
(Continued)
Resulltc7 Stormwater Operating Expenditures
asimm.
Public%Ankles/Water 39g1,194 Annul transfer of Stommaater Menagernent lltRy+a
• Transfers to Other Funds and Sewer Fund(Miring poRgn oft the costs incurred be Public Utfinb,
Sntem) bating,customer sent,.and account management
Include both recurring(budgeted) (Intlud.t positions and system oasts).
parks and Recrwtion/ 552.790 amuai transfer provides landscaping s.
and one-time transfers for various andaupeS.,yk.. s,«mwat.eobehOtof.arwslora,iamauwas
purposes,such as: lynnhaven Mall and Town Canter BMPs
Information 556,909 Annual transfer of Stormwater Management Mike's
• Reimbursement of Stormwater's T•`h^Ofogr/fT con share of various compNer and telecommunications
Sank« sewkea
share of direct costs incurred by YannMg s1a2,12a Annual transfer to Planning Department to cover the •
Department/Sternwet positions in the Development Services Canter and
other departments .t Regulations formes and lnspn,nonssupporting the increasing
stormwater regulations.
• Transfer of funding to support Publk Works/Budding 527,910 OoNme reimbursement of eons Incurred for the
Stormwater CIP Maintemence/Diract renovation of office space for Surface Water Regulatory
Costs CompKanc.group.
• Reimbursement of indirect costs COD'm"°ralprind/:.cabers 50:"'"Mnualcha ga rover♦A�a'mwater Mmag.ment
,silky>portion of tM v.rs ndlreR Costs(i.e..
based on annual cost allocation
muntn,human resources,payroR,b
uildngmaintenance,asset manowhere,etc).plan itorrnwater What 57.500,000
Annul budgeted transfer to the stormwat«capital
Pto)erts fund improvement program(CIP).
Stomwate.Caplan 51.9110,000 One-time transfer to Stormwater Capital protects fund.
Pf9)ect.fund On Tanury 17.7017,Con Council appropriated this
amount from the Stormwater Management Welty to the
tlicabeth River TMDI Implementation Plan project.
TeteITransfers 512.107,079
Here are the Recommendations for the Stormwater Expenditure portion of the Audit:
Finding and Recommendation
• Finding: Electrical Services
• In our audit sample of Other Charges expenditures, we noted that
Stormwater electricity charges were allocated to the Project
Management budget unit. Project Management is under the
Engineering Division of Public Works and is primarily involved with
CIP projects and strategic planning of stormwater technical
aspects, not ongoing charges after a project is completed. Review
and payment of charges for electrical services is better suited to
the operations side of Public Works and will enhance
accountability and presentation in InSITE.
• The electrical service charges amounted to$53,390 for FY17.
•
•
•
•
October 3, 2017
24
CITY COUNCIL'S BRIEFING
STORMWATER ENTERPRISE FUND
AUDIT RESULTS
ITEM#67449
(Continued)
Audit Results
1. Stormwater Revenue
2. Stormwater Expenditures
3. Stormwater CIP
Here is an Overview of the Results for the Stormwater CIP.•
Results: Stormwater CIP
• Stormwater has risen to one of the major categories of the City's CIP
starting in FY18.
• Annual appropriations increased from $23,779,414 in FY17 to $43,063,514
in FY18, bringing total planned appropriations to$422,022,332.
• The Stormwater CIP is now the third highest among the ten CIP categories,
behind Roadways and Schools.
• Financing for Stormwater CIP projects up to FY17 came from Stormwater
Utility (SWU) Bonds and the Stormwater Management Utility (SWU) Fund.
In the subsequent six (6) fiscal years beginning with FY18, the increased
investments in these CIPs will be funded by increases in SWU Bond
financing and Stormwater Management Utility Fund contributions, and
additional funding from the General Fund Pay-As-You-Go allocation.
October 3, 2017
25
CITY COUNCIL'S BRIEFING
STORMWATER ENTERPRISE FUND
AUDIT RESULTS
ITEM#67449
(Continued)
Results: Stormwater CIP
Past Un-Appropriated Subsequent Years
Project Type FY18 Total
Appropriations
FY19 FY20 FY21 FY 22 FY23
SW Utility 7,500,000 8,000,000 8,000,000 8,000,000 8,000,000 8,000,000
151,484,774 386,142,852
SWU Bonds 30,143,013 30,243,013 30,843,013 33,243,013 30,843,013 31,843,013
General Fund
Pay-As-You- - 5,420,501 5,420,501 5,420,501 5,420,501 5,420,501 5,420,501 32,523,006
Go
Other
Sources
(Federal, 3,356,4743,356,474- • - 3,356,474
State,
Private)
Total 154,841,248 43,063,514 43,663,514 44,263,514 46,663,514 44,263,514 45,263,514 422,022,332
Here is an Overview of the procedures followed to determine that Revenues and Expenditures for
Stormwater CIP are appropriately authorized, managed and recorded:
Results: Stormwater CIP
• We performed the following procedures to determine that revenues and
expenditures for Stormwater capital projects are appropriately authorized,
managed,and recorded.
• Reviewed supporting documentation of FY17 funding transactions for
accuracy and completeness.
• Conducted visits to several active project sites, performed walkthroughs
about internal controls over contracting process, project management,
monitoring of contractors, records maintenance, review of invoices, and
tracking project activities/finances.
• Tested a sample of expenditure invoices to determine that
amounts/quantities were accurate/complete, reasonableness, correctly
recorded to the right account/activity/project, and that CIP was sufficiently
funded.
• Reviewed supporting documentation to ensure financial-related closeout
procedures were properly performed and recorded in InSITE.
• There were no exceptions.
October 3, 2017
26
CITY COUNCIL'S BRIEFING
STORMWATER ENTERPRISE FUND
AUDIT RESULTS
ITEM#67449
(Continued)
Here are the Audit Results for the Stormwater CIP:
Audit Conclusion
• Based on our analysis and tests of the City's stormwater management
utility revenue, we determined revenues to be properly and appropriately
assessed,accounted for and,except as noted,to be substantially complete.
• Our audit analysis of stormwater management expenditures did not find
significant issues. We determined the internal controls over the
stormwater expenditure process were adequate and the expenditures
were exclusively to provide services and facilities related to the stormwater
management system in compliance with the City Code.
• We also determined that the stormwater capital improvement program
revenues and expenditures were appropriate, properly accounted for, and
appropriately managed.
• Overall, we determined that the City's Stormwater Management Utility
system of internal controls and oversight over its financial operations is
working effectively.
What Can You Do?
REPORT ISSUES!
•FOR ASSISTANCE WITH• Flooding•Street Sweeping•Storm Drains•
Caved In Pipes or Structures• Lake Vegetation and Dredging• Ditch
Maintenance• Mosquito Control•Spills in the Drainage System
•CONTACT:
•Public Works/Operations at 385-1470
•City Information at 385-3111
•Online at www.vbgov.com/governmentldepa rtments/public-worla/Pages/service-nquests.azryc
•VB Works(Free app in your App Store)
October 3, 2017
27
CITY COUNCIL'S BRIEFING
STORMWATER ENTERPRISE FUND
AUDIT RESULTS
ITEM#67449
(Continued)
What Can You Do?
ONLY RAIN DOWN THE DRAIN!
•Never allow anything other than rain to enter the storm drain;
no grass clippings,leaves,trash,etc.
•Dispose of yard waste in clear plastic bags for city pickup on regular
trash day
•Don't put yard debris bags out days ahead of your trash pickup days
•On rainy trash pickup days,be sure your bags aren't in the gutter
line or at a storm drain catch basin
•Keep storm drains and gutters clean—yard waste,trash,and dirt will
clog the storm drain system.
•Protect our canals and lakes—don't put yard debris,trash,or dirt on
their banks or in them
•Contact Public Works Real Estate(385-4161)before placing items in
city easements such as sheds,decks,docks,bulkheads,rip rap,etc.
Questions?
For further information please contact:
Lyndon S.Remias,City Auditor
Office of the City Auditor
757-385-5870
Iremias@vbRov.com
Visit our website at www.vbeov.com/cityauditor
Mayor Sessoms expressed his appreciation to Mr. Remias for a very informative presentation.
October 3, 2017
28
CITY MANAGER'S BRIEFING
ARTS ECONOMIC IMPACT STUDY
ITEM#67450
4:54P.M.
Mayor Sessoms welcomed Emily Labows, Director— Office of Cultural Affairs. Mrs. Labows expressed
her appreciation to the City Council for their continued support. Mrs. Labows advised and welcomed Jay
H. Dick, Senior Director of State&Local Government Affairs Americans for the Arts:
CITY OF VIRGINIA BEACH
OFFICE OF CULTURAL AFFAIRSrilliirmiri7 tenr
rV y.,
W
rte'
l}ie is¢ M>rr
ARTSINFORMATIONAL BRIEFING
MEAN BUSINESS Jay H.Dick
Senior Director of State
THE ECONOMIC IMPACT OF NONPROFIT ARTS&CULTURAL k &Local Government Affairs
ORGANIZATIONS AND THEIR AUDIENCES Americans for the Arts
I
i , City Council
ti , t ! IT
_� V t • October 3,2017
/t :am.-.
Mr. Dick advised the goal is to get people to think about the arts in a different way: "not for the soul but
economic development":
PUBLIC PERCEPTION OF THE ARTS
r
h.
ift.t . , .,
s2 \ k-. 'i
i" -7 - ,, _,
Ai2T5
October 3, 2017
29
CITY MANAGER'S BRIEFING
ARTS ECONOMIC IMPACT STUDY
ITEM#67450
(Continued)
THE REALITY OF ';i
�
WHAT THE ARTS DO
ArtsHealth Care
(.4* r, 3
The National League of Cities conducted a survey to determine City's top challenges and priorities. It
was no surprise Economic Development was a top priority; however, Arts and Culture was a top sub-
topic:
NATIONAL LEAGUE OF CITIES
TOP5
ECON. DEVELOPMENT SUB-TOPICS
Business Downtown Arts&
Job Creation Attraction Development Employment Culture
39% 32% 27% 25%
4
October 3, 2017
30
CITY MANAGER'S BRIEFING
ARTS ECONOMIC IMPACT STUDY
ITEM#67450
(Continued)
Employees want to live and work in a vibrant community:
\•, R
Illik
,.
1
RECRUIT
i„ TALENT -
Employees want to rive and work
• • - ry in a vibrant community .�
.0
46 Nii.:„ II .
ii 77.445411015 /4,,,:,... ...... .
,,; . p .._ • i _,,......„..
..e. 't. s
In order to create Cultural or Creative Districts, the local government must be willing to rezone areas
and offer tax incentives:
ri .
a
CR- ! IVE DISTRICTS
♦ Y
Cities have been using the Arts and
Culture to help transform their downtowns , ,
for decades. III - ,_, '
'�_a
DEFINITION:A cultural district is a well �' —,-- .
recognized,labeled,mixed-use area of - - -
a city in which a high concentration of _ _
cultural facilities serves as the anchor of is,^', '
attraction and robust economic activity. Pla r i
Cultural Districts take many forms-it is r i
r
for the individual city to determine which 4' -
works best for their city. - w
• � r4•
F
6
October 3, 2017
31
CITY MANAGER'S BRIEFING
ARTS ECONOMIC IMPACT STUDY
ITEM#67450
(Continued)
Here are a few factors contributing to the success of Creative Districts:
Factors Contributing to Success
CREATIVE D H TS
I,
A UNIFIED MISSION AND VISION
A BROAD COALITION OF PARTNERS
II Government,Arts Groups,Business,Non-Profits
ECONOMIC NEED
•Carmel&Providence=empty downtown l ' •1a".:
▪Paducah•empty and dilapidated houses crime Y?• , t;;y ,
A SUPPORTIVE LOCAL GOVERNMENT iNnti
Willing to rezone areas
Tax incentives for Cultural Districts II%
7
Providence, Rhode Island, has a "cement river"running through the City. In an effort to draw people to
the City, they placed bonfires approximately every 50 feet throughout the river, creating Water Fire".
Water,Fire draws tens of thousands of people throughout the Summer:
Water Fire — Providence, RI
f"
,
1' ••r •r ,.,. ^ . R �..
• '
)1,•v •`.
1111
;�� • tit•
1.
October 3, 2017
32
CITY MANAGER'S BRIEFING
ARTS ECONOMIC IMPACT STUDY
ITEM#67450
(Continued)
Every month, local businesses in the ViBe Creative District host Artist pop-ups and special events:
ViBe Creative District
CREATIVE DISTRICTS
•
1V4Be`moo ® Ili '41
CREATIVE
aed
•
9
ARTS &
ECONOMIC PROSPERITY 5 „N 4'.,
ARTS
VIRGINIA
'i! L ; BEACH
I�
•
f.,4‹7-/
•
October 3, 2017
33
CITY MANAGER'S BRIEFING
ARTS ECONOMIC IMPACT STUDY
ITEM#67450
(Continued)
Arts activity in the City generates$87.7-Million annually:
O
TOTAL INDUSTRY EXPENDITURES: $81.1M
TOTAL ECONOMIC ACTIVITY IN THE CITY OF VIRGINIA BEACH
Arts and Cultural Arts and Cultural
ORGANIZATIONS AUDIENCES
$25.9M $61.8M
• ., . • 7 COMPOSED OF TWO RGURES
ioric:;•••,
`
,- •Spending by nonprofit arts and
�r'F• . nonprofitcultural organizations
1I�
■The event-related spending by
their audiences
•
'rte _ "
r ;7
There are 2,875 jobs supported by the Arts in the City:
iiit
FULL-TIME EQUIVALENT JOBS
SUPPORTED BY THE ARTS IN VIRGINIA BEACH
Arts organizations employ more than 2,875 10just artists.curators.and musicians.
They also pay builders,plumbers,
accountants,printers,and occupations
spanning many industries.
Because arts organizations are strongly
1
rooted in their community.these are lobs
that necessarily remain local and cannot
be shipped overseas ' 1 -
1•
12 ••, I r"q
October 3, 2017
34
CITY MANAGER'S BRIEFING
ARTS ECONOMIC IMPACT STUDY
ITEM#67450
(Continued)
According to Dunn and Bradstreet, there are 1,133 Arts-related businesses in the City:
Cit
1133 ARTS-RELATED BUSINESSES IN
VIRGINIA BEACH EMPLOY 4,259 PEOPLE
•
•
•
•
cam.:
ryinu
Alk
Source:Dunn and Bradstreet Lin
13 2015 `AR1S
Here are the Top Civilian Employers in the City, according to the Economic Development
Department:
TOP CIVILIAN EMPLOYERS IN VIRGINIA BEACH
I. Joint Expeditionary Base 6.000
2. Naval Air Station 3.600
3. GEICO 2,700
• 1 4. Lynnhaven Mall 2,600
11 5. Gold Key�PHR Hotels 2.365
6. STIHL 2.067
7. Anthem 1,850
700
700
8. CBN
9. LifeNet Health
10.Lockheed Martin 510
Vi
Source: 5nia Baad£,onomk DwNopn.M Webs.
14 ARTS
October 3, 2017
35
CITY MANAGER'S BRIEFING
ARTS ECONOMIC IMPACT STUDY
ITEM#67450
(Continued)
411E
TOP CIVILIAN EMPLOYERS IN VIRGINIA BEAC
1. Joint Expeditionary Base 6.000
2. Creative Industries___.. ....4,259
3. Naval Air Station 3,600
4. GEICO 2,700
01115. Lynnhaven Mall 2,600
6. Gold Key/PHR Hotels 2,365
7. STIHL 2,067
8. Anthem 1,850
l■'
9. CBN 700
•
,• . • IG LifeNet Health 700
-s•� • Il. Lockheed Martin 510
`� source.YR.n4 Bead Economic Development W.Bv,.
15
In 2014, Arts was a$730-Billion Industry, representing 4.2%of the Gross Domestic Product (GDP):
All U.S.ARTS INDUSTRIES(2014) 11Z
$130 BILLION = 4.2 PERCENT OF GDP
Retail Trade 5.8%
Arts&Culture 4.2%
Construction -3.9%
Transportation-2.9%
Mining-2.8%
Travel&Tourism-2.6%
Utilities
1.6%
kaalitissElkauslaAyft ;,1
16 ARTS
October 3, 2017
36
CITY MANAGER'S BRIEFING
ARTS ECONOMIC IMPACT STUDY
ITEM#67450
(Continued)
In 2015, $7-Million in Revenue was returned to the Local and State Government:
_ . $7 Millin
1 � •V
K '' RETURNE
:
,.. ..,-4,. . . , ,ii,,..t.,- , 4"
w r 53.7 million 53.3 millio
s ;: /$ - , in local government in state governme
revenue revenue
r Local and State Government received
4
$7 million In revenue
.f;1.r,i '' 'a in FY 2015 as a result of the economic activity of arts
`ile !�. �Af organizations and their audiences
to "s
O
In 2016, 1,408 audience surveys were taken regarding "event-related spending":
MEASURING THE ECONOMIC IMPACT OF
AUDIENCES
Data were collected from 1,408 event attendees during 2016.
Patrons were asked to complete
o short survey about their
event related spending(while •
37
CITY MANAGER'S BRIEFING
ARTS ECONOMIC IMPACT STUDY
ITEM#67450
(Continued)
Attendees spent$31.10 per person,per event in the City:
€11 .
CULTURAL EVENT-RELATED SPENDING
Attendees spent$31.10 per person,per event in Virginia Beach
excluding the cost of event admission
'I I tteois 63nocki - sanennssdn '
fa46 fU5
0
C nKni todgq SI s9 i Ku
ctorits
1261 139
,:rr.Z
n n GrouGroundOb Tronsportonon kr*Ctwoco.e
S1.8440.46
19
4,
AUDIENCES: , ..„ •
LOCAL VS. NON-LOCAL j� fV:4 '
Researchers estimate that 63.3%of - T 14' . '' ''...c•'6'
.
the 2 million nonprofit arts attendees 3� /
in Virginia Beach were residents. • . di. j,
36.7%were nonresidents, 1 ,,
iiiir ..
.s
20 r''
October 3, 2017
38
CITY MANAGER'S BRIEFING
ARTS ECONOMIC IMPACT STUDY
ITEM#67450
(Continued)
Non-local attendees spent$38.12 per person,per event, not including admissions:
EVENT-RELATED SPENDING E.,.. .,
LOCAL VS.
-R NON-LOCAL
$21.02 $38.12
non local
attendees
r.
Nonresident attendees spent r-=- MA , I
on overage of ,1f� -
41%MORE PER PERSON
than resident attendees os a . • ;,n ., •...�
result of their attendance to }rte- '," f
cultural events {' ► '1', 4• 'i..._ -
-.,
59.2%of the "non-locals"surveyed indicated the primary purpose of the visit to the City was to attend
the arts/cultural event:
11111
it I.' I l
Each of the NONRESIDENT SURVEY RESPONDENTS
were asked about the purpose of their trip:
59.2%ind cared that the primary
purpose of their visit to the City of
Virginia Beach was"specifically to " ,
have"traveled to a different
community to attend a similar
cultural event." r___ ... ;-
7.9%of nonresident attendees reported Irk .;
an overnight lodging expense. `
22
October 3, 2017
39
CITY MANAGER'S BRIEFING
ARTS ECONOMIC IMPACT STUDY
ITEM#67450
(Continued)
y_r � 4 4 THE ARTS
RETAIN
LOCAL
,DOLLARS
RESIDENT ATTENDEES were asked what they would have done if
the arts event they were attending was not taking place:
49.2% said w `t.tar to a
differentthey communityouldhave to traattendelea similar
cultural event."
23
{
{
The City has over 2,000 Volunteers specifically for Arts/Culture:
110
ARTS VOLUNTEERISM IN VIRGINIA BEACH
/.JWhile arts volunteers may not have
0:7,„„,1 Ian economic impact as defined in this
study,they clearly have an enormous
r' • impact by helping arts organizations
' function as a viable se*, /.4 l I)
! � 2,130 volunteers
t. 1( 108,857 hours
,�✓` (2015 volunteer hour rate=523.56)
24
October 3, 2017
40
CITY MANAGER'S BRIEFING
ARTS ECONOMIC IMPACT STUDY
ITEM#67450
(Continued)
63%of Americans value the arts:
AMERICANS VALUE THE ARTS '' , •
.
63%
Believe the arts 73%
"lift me up beyond everyday
experiences" say the arts rea
64°/O weriaaill
lee}ere arc twists
rearetlosirwwsllttte.x >Mlprticipteicltf ilsr
UsseerteM»Wog mils
25
THE ARTS
MEAN BUSINESS
Cultural Affair
AmericansForTheArts.org/AEPS wwwvbgovcon'
0
focebook com'wgrniobeochorty
O
instogrom.com-vo beochorts
0
twuter.comwobeochorts
26 ARTS
Mayor Sessoms expressed his appreciation to Mrs. Labows and Mr. Dick for a very informative
presentation.
October 3, 2017
41
CITY MANAGER'S BRIEFING
CITY ENERGY MANAGEMENT
ITEM#67451
5:14 P.M.
Mayor Sessoms welcomed Lori Herrick, Energy Management — Administrator. Ms. Herrick expressed
her appreciation to the City Council for their continued support and advised October is "Energy
Awareness Month":
Virginia Beach
FY17 Energy Update
N / r\
`` �� Briefing to
City Council
Lori Herrick,MBA,LEED AP
City of Virginia Beach
Energy Management Administrator
Here is an Overview of the Purpose and the Need of energy:
Purpose and the Need
The City of Virginia Beach uses almost 800,000 MMBTU's in electricity,natural gas,propane
and fuel in the operation of municipal facilities,utility systems,vehicles and equipment.
Efficient management of energy enables the cost-effective delivery of City services to the
public and helps to reduce environmental impacts.
MMBTU
•00000
350,000
300.000
250,000
200.000
350,000
300,000
50,000
0
Propane Nature!G., O.wNn.end Diesel Eloark
October 3, 2017
42
CITY MANAGER'S BRIEFING
CITY ENERGY MANAGEMENT
ITEM#67451
(Continued)
The City pays between $18 and$21-Million for Energy per year:
City Energy Payments
Vendor FY15 FY16 FY17
Dominion Energy&Other $13,988,006 $14,287,557 $14,295,545
Electric Providers
Parker&Other Fuel $5,313,328 $3,454,081 $3,720,386
Providers
Virginia Natural Gas and $1,067,962 $875,648 $830,546
Other Natural Gas
Providers
Propane&Fuel Service $32,688 $22,129 $26,180
TOTALS $20,401,984 $18,639,415 $18,872,657
In October, 2016, the City formalized the Energy Program and created the Joint Energy Committee:
Energy Management for Municipal Operations
Administrative Directive 3.27
In October of 2016,the City adopted Administrative Directive 3.27.
The Joint Energy Committee(JEC)
Created in the Spring of 2007 and is the governing body for '
energy management for municipal operations.
▪ The JEC is chaired by a Deputy City Manager and includes staff
from both the City and Schools. .
The Energy Management Office
• Located in the Department of Public Works,Facilities Management Group.
Daily administration of energy management for municipal operations in municipal buildings,
utility systems.transportation and traffic management systems.
Fleet Management
• Located in the Department of Public Works.
• Provides daily administration of energy management for municipal operations for
municipal motor vehicles,generators and other equipment.
October 3, 2017
43
CITY MANAGER'S BRIEFING
CITY ENERGY MANAGEMENT
ITEM#67451
(Continued)
Here is an Overview of the FY15-2020 Energy Goals:
City of Virginia Beach
FY15-20 Energy Goals
Community& Awareness
Recognition
Balanced Approach
to Energy
4110 Analysis
The City's goal is to reduce costs 1%each year for the next five(5)years:
Energy Consumption Reduction Goals
GOAL:Decrease overall consumption of electric,natural gas,and propane by 5%over
the next 5 years(using FY15 as baseline(. Consumption goals apply across the entire
organization,including newly added facilities.
Fiscal Year Total Annual Ctt itfee MMBTU•
Reduction Goal
FY201S •••BENCHMARK YEAR••• 618,106
FY2016 1% 1% 611,925
FY2017 1% 2% 605,744
FY2018 1% 3% 599,563
FY2019 1% 4% 593,382
FY2020 1% 5% 587,201
Down 2.7%compared to the benchmark year
October 3, 2017
44
CITY MANAGER'S BRIEFING
CITY ENERGY MANAGEMENT
ITEM#67451
(Continued)
Energy consumption is down 4.15%from the "Benchmark year". This is a great indicator that the City's
buildings are becoming more efficient:
Energy Consumption Reduction Goals
GOAL:Improve energy efficiency consumption per square foot in our
facilities by 1%over the next 5 years(FY15 baseline).Consumption goals
apply across the entire organization,including newly added facilities.
Fiscal Year KBTU/Sq.Ft a Cumulative Use per
Goal Sq.Ft.
FY2015 "'BENCHMARK YEAR 120
FY2016 1% 1% 118.80
FY2017 1% 2% 117.60
FY2018 1% 3% 116.40
FY2019 1% 4% 115.20
FY2020 1% 5% 114.00
Down 4.16%compared to the benchmark year
aaasaaon all buea..an mo,eme 5.00)w..,.It
The City replaces at least 50 existing thermostats each year with programmable thermostats:
Other Energy Consumption Reduction Goals
- Annually replace at least 50 existing thermostats each year with programmable
thermostats.
Formally document all exemptions to the City temperature standard and
correct buildings that are not in compliance.
Develop and implement a plan to turn off devices on computers and
peripherals when now in use.
Develop and adopt a formal retrofit strategy and sustainable
infrastructure policy.
Install Energy Misers on the cold vending machines City-wide.
October 3, 2017
45
CITY MANAGER'S BRIEFING
CITY ENERGY MANAGEMENT
ITEM#67451
(Continued)
Here is an Overview of the CIP Projects Completed To Save Energy:
Capital Improvement Projects Completed
To Save Energy
✓Window Projects-2 •
✓Heating and Air Conditioning •
c.i
Projects(and countless
thermostats)-10 .
b..'
Lighting Retrofit Projects 34
`` •
The City has over 725 Energy Champions:
Energy Awareness Goals
Energy Awareness. Through ongoing training and publicity,the City ensures
that all City employees are aware of our energy goals and policies and that
understand the impact that their behaviors have on City energy consumption.
Increase Energy Champions throughout the organization-train 100
employees per year as new energy champions.
a. Traditional Classroom
b. Special sessions held for departments
c. e-learning options version is under development
October 3, 2017
46
CITY MANAGER'S BRIEFING
CITY ENERGY MANAGEMENT
ITEM#67451
(Continued)
Here is an Overview of the Increased Energy Analysis Goals:
Increased Energy Analysis Goals
2
Energy Monitoring and Analysis. Of primary importance is '• .: 'a
3'`!
the City's ability to measure and analyze energy IEDyypTTHOU�
consumption.
• Expand our audit program on all energy bills.
• Expand our heating and air conditioning controls.
Expand our participation in a demand response programs.
> Annually review departmental space usage in city buildings and complete
departmental verification of natural gas and electric meters.
The City currently has twelve (12) issues outstanding with Dominion Energy and some go as far back as
2015:
Other Energy Savings
Billing Errors
Peak Demand Issues-$174,963
Streetlights,Traffic Signal Overcharges-$35,733
Contract Demand Negotiations
Convention Center-$9,085
Rate Schedule Changes and Other Annual Savings
$15,000
Energy Retrofits Credits
PJM program-$39,842
• Rebate 2017:$13,085
• Rebate 2018:$16,508
• Rebate 2019:$6,684
• Rebate 2020:$3,575
October 3, 2017
47
CITY MANAGER'S BRIEFING
CITY ENERGY MANAGEMENT
ITEM#67451
(Continued)
The City values green building certification programs such as Leadership in Energy and Environmental
Design (LEED)for the design of new buildings and for the continued operation and maintenance of
existing buildings. Here is an Overview of the Renewable Energy& Green Building Goals:
QJ Renewable Energy & Green Building Goals
Renewable Energy and Green Buildings Programs. The City is supportive of the
exploration of alternative and renewable energy sources for City facilities and
vehicles.
Assess the viability of including renewable energy features in the
design of each new facility and include renewable energy features
where cost effective.
r Design new facilities to meet LEED and energy efficiency standards.
Here is an Overview of the Energy Recognition & Community Goals:
Energy Recognition & Community Goals
Energy Recognition. Highlight the City's successes in the analysis,consumption
reduction,awareness,renewable energy and green building programs so as to
enhance the City's public image and to attract energy-conscious organizations,
businesses and people to Virginia Beach.
Create a"green building wall"in City Hall.
Document publications and conferences that highlight Virginia Beach
efforts in in energy conservation.
2ntl Place-Virginia Energy Efficiency Council WINNER
2016'
Raise the City's score with the American Council for an Energy-Efficient
Economy(ACEEE).
City now ranks 36 out of 51 based on the 2017 Energy Efficiency Scorecard
October 3, 2017
48
CITY MANAGER'S BRIEFING
CITY ENERGY MANAGEMENT
ITEM#67451
(Continued)
Here is an Overview of the Virginia Energy Purchasing Governmental Association (VEPGA):
Virginia Energy Purchasing Governmental
Association (VEPGA)
VEPGA negotiates the electricity contract with Dominion Energy
on behalf of the Cities and Counties in the Commonwealth.
Our involvement includes:
V A Board of Directors Position
✓ Joint Action Committee Chair Person
✓ Member of the Energy Conservation Team
✓Contract Negotiations Fall of 2017
VEP'J• VIRG.NPP ENERGY POR(RAS.NG GOVERNMENTAL ASSOC(AYON
ILIIII6linirall
Here are the Planned Energy Projects:
Planned Energy Projects
Bayside Recreation Center Fire Station 10-Woodstock
Beach House Energy Audit Fire Station 17-Sandbridge
Building 9 Fire Station 18-Green Run
Building 17 Great Neck Recreation Center
Building 19 Judicial Center
Building 21 Juvenile Detention Center
Building 29 Old Coast Guard
Building 30 Princess Anne Recreation
City Plant Seatac Recreation Center
Correctional Center Senior Resource Center
Fire Station 2-Haygood Voter Registrar
Fire Station 8-Oceana
Fire Station 9-Kempsville
October 3, 2017
49
CITY MANAGER'S BRIEFING
CITY ENERGY MANAGEMENT
ITEM#67451
(Continued)
Questions?
Lori Herrick,MBA,LEED AP
Energy Management Administrator
Iherrick@vbgov.com
385-5663
Mayor Sessoms expressed his appreciation to Ms. Herrick for a very informative presentation.
October 3, 2017
50
CITY MANAGER'S BRIEFING
AMBULANCE REPLACEMENT
ITEM#67452
5:35 P.M.
Mayor Sessoms welcomed Ed Brazle, Chief—Emergency Management Services. Chief Brazle expressed
his appreciation to the City Council for their continued support:
Ambulance Replacement
Grant
EMS Chief Ed Brazle
10/03/2017
111:111N11 ,',[1
Here is an Overview of the Topics for Today:
Topics for Today
• Loans for Kempsville and Plaza Volunteer
Rescue Squads to replace ambulances
• Grant to assist with replacement of Virginia
Beach Volunteer Rescue Squad ambulance
destroyed by fire
October 3, 2017
51
CITY MANAGER'S BRIEFING
AMBULANCE REPLACEMENT
ITEM#67452
(Continued)
Chief Brazle provided the Background:
Background
• The City's 10 volunteer rescue squads own
and operate a fleet of 38 ambulances.
• Rescue squads purchase these ambulances
using community donations, supplemented at
times with State grants.
• Upon request, the City traditionally offers no-
interest loans to support procurement.
The City insures the ambulances; however, coverage applies to the value of the asset and not the
4 replacement cost:
Insurance
• The City is self-insured for collision and
liability coverage (includes ambulances).
• A catastrophic policy is in place with a
$50,000 deductible.
• Coverage applies to the value of the asset and
not the replacement cost.
• City-owned total losses are typically handled
in the normal vehicle replacement process.
October 3, 2017
52
CITY MANAGER'S BRIEFING
AMBULANCE REPLACEMENT
ITEM#67452
(Continued)
The City pays full replacement costs when an ambulance is lost:
Ambulance 1425 Fire
, IJ L*
I Noma BEM S
v. 1I
1 M V
Below are the financial considerations regarding the two (2)ambulances:
Financial Considerations
► Fair market value: $35,588
► The ambulance had at least two years of
service life remaining
► Replacement cost: $250,000
October 3, 2017
53
CITYMANAGER'S BRIEFING
AMBULANCE REPLACEMENT
ITEM#67452
(Continued)
Here are the Alternative Courses of Action:
Alternative Courses of Action
Alternative #1 - City provides a grant for fair
market value of $35,588
Alternative #2 - City provides a grant to fully
replace the ambulance
Alternative #3 - City provides a grant of $50,000
to offset the earlier than expected replacement
Alternative #4 - City provide no replacement
support (loan available, if required)
Here is the Staff Recommendation. There is two (2) Ordinances on tonight's Agenda for City Council's
consideration:
Recommendation
Adopt Alternative #3 - Provide a grant to the
squad to cover the unanticipated annualized cash
outlay of replacing the ambulance two years
earlier than expected in the ten year replacement
cycle.
Source of Funds: Reserve for Contingency
Continue to review the efficacy of the current
ambulance procurement and insurance process
and offer alternatives for future improvements.
October 3, 2017
54
CITY MANAGER'S BRIEFING
AMBULANCE REPLACEMENT
ITEM#67452
(Continued)
Questions?
BEACH*EMS
Mayor Sessoms expressed his appreciation to Chief Brazle, the entire EMS Department and Volunteers
for all of their hard work.
October 3, 2017
55
CITY COUNCIL
LIAISON REPORTS
ITEM#67453
5:39 P.M.
There were no City Council Liaison Reports.
October 3, 2017
56
CITY COUNCIL
COMMENTS
ITEM#67454
5:39 P.M.
Council Lady Wilson advised she and Council Lady Kane attended the Virginia Municipal League
Conference, where Council Lady Kane was elected to the Executive Committee and Chair of the Urban
Section.
October 3, 2017
57
CITY COUNCIL
COMMENTS
ITEM#67455
Councilman Moss referenced the recent article in the Virginian Pilot regarding HRT's constant push for
a dedicated, steady stream of funding. Their lack of dedicated funding does not have anything to do with
their inability to "count"and he hopes the City is not endorsing the idea.
October 3, 2017
58
CITY COUNCIL
COMMENTS
ITEM#67456
Council Lady Henley referenced the emails regarding the logging operation being conducted in Lake
Placid. A recent article in the Virginian Pilot stated the property owner, Mr. Foster, tried to donate the
land to the City but was turned down. Council Lady Henley hopes the City was not offered this property
and declined.
Also, in 1999, Council Lady Henley had a map prepared far her showing all of the property below the
Green Line that had been "reserved". She requested an updated map showing the reserved land, not
only for the property below the Green Line but the entire City.
October 3, 2017
59
CITY COUNCIL
COMMENTS
ITEM#67457
Council Lady Kane advised this past Friday, the Social Services Department, hosted the yearly "Families
First" event at the Hilton. This was very well attended and she expressed her appreciation to Ms.
Dannette Smith and the entire Social Services Department for a terrific job hosting this event.
October 3, 2017
60
CITY COUNCIL
COMMENTS
ITEM#67458
Council Lady Kane advised DeRican Chef, a restaurant located at 3208 Holland Road, will host a benefit
with proceeds going to the flood victims in Puerto Rico. The fundraiser will be on October 6, 2017.
October 3, 2017
61
CITY COUNCIL
COMMENTS
ITEM#67459
Councilman Wood congratulated Ruth Fraser, City Clerk, on the successful "Signing Ceremony" with
Waiblingen, Germany, this past Sunday. Mr. Wood expressed his appreciation for everyone that
participated in the event.
October 3, 2017
THE CITY OF VIRGINIA BEACH
AND
SISTER CITIES ASSOCIATION OF
VIRGINIA BEACH
tw recogw%ttow of the desire of the ctttzews of
VIRGINIA BEACH, VIRGINIA
AND
WAIBLINGEN, GERMANY
OFFICIAL SIGNING CEREMONY
OCTOBER 1 , 2017
IN THE CITY OF VIRGINIA BEACH
Aclewowledge the ltfettwu coruruttwkewt betweew
vtrgtwla Beach awd watbltwgew for vicutuallu
bewefwtal atttzew dtplowtaeu, ecowohdo developMewt
awd a partwershtp for peace
CI-FRRTERSD SI'SISTER CITIES INTERNATIONAL-AND
OFfICIALLy S14N ED THIS fIRSTDAy Off OCTOBER,TWO 11-tONSAND
SEVENTEEN
440
WUiant D.SeSsonts,Jr.,Maaor AKdreas ; Maaor
Cita of vissiuLa Beach cita/�offw, ,eK
Qrider 1y
Ruth Ser,PvtsWCwt
sister cities AssociatioK of virgtn%a Beath
62
CITY COUNCIL
AGENDA REVIEW SESSION
ITEM#67460
5:46 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
H. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND City Code§2-3 re limitation on member terms of the Board of
Building Code Appeals
2. Resolution to CONFIRM the Virginia Beach 2018 Legislative Agenda to the Virginia
General Assembly for support and sponsorships
3. Resolution to provide "design"DIRECTIONfor the City Hall Replacement
4. Ordinances to AUTHORIZE temporary encroachments:
a. Into portions of City property re bulkhead maintenance and pier replacement
at 5136 Overland Road known as Kemps Lake. DISTRICT 2 -KEMPSVILLE
b. Into portions of City's rights-of-way re beach landing maintenance at 4536
Ocean View Avenue. DISTRICT 4—BAYSIDE
5. Ordinances to ACCEPT,APPROPRIATE or TRANSFER:
a. $800,000 to the Police Oceanfront Camera Project re installation of
Cameras West of Pacific Avenue
b. $ 15,000from the Williams Family Fund to the Virginia Aquarium
Foundation,Inc. re Coastal Conservation Garden and Outdoor Adventure
Park
c. $155,000 to provide an interest free loan to Plaza Volunteer Fire Company
and Rescue Squad, Inc. re purchase of a new ambulance
d. $ 82,000 to provide an interest free loan to Kempsville Rescue Squad,Inc.
re purchase of a new ambulance
e. Virginia Task Force 2 Urban Search and Rescue Team:
(1) $1,501,013 from Federal Emergency Management Agency re
continued operation
(2) $1.4 Million from Federal Emergency Management Agency re
mobilization to support Hurricane Irma operations
(3) $ 400,000 from Federal Emergency Management Agency re
mobilization to support Hurricane Harvey operations
f $900,605 from the Fund Balance of the General Fund to the Fire
Department at the Fort Story Fire Station
COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#1,Section 11
MAYOR SESSOMS WILL ABSTAIN ON ITEM#4b
ITEM#5f WILL BE CONSIDERED SEPARATELY
COUNCILMAN MOSS HILL ABSTAIN ON ITEM#5f
October 3, 2017
63
CITY COUNCIL
AGENDA REVIEW SESSION
ITEM#67460
(Continued)
J. PLANNING
1. THE ENCLAVE AT PA BC, LLC,DISTRICT 7—PRINCESS ANNE:
a. ANTHONY B. HUFFMAN, JR.for a Conditional Change of Zoning
from AG-1 and AG-2Agricultural to PD-H2 Planned Unit Development
(12-7.5 Residential) to establish Phase 2 at 2754, 2804 and 2808 North
Landing Road
b. THE ENCLAVE AT PRINCESS ANNE HOMEOWNERS'
ASSOCIATION, INC., Modification of Proffers to account for the
addition of Phase 2 at the North side of North Landing Road, West of
West Neck Road(Approved November 22, 2011)
2. GRACE BIBLE CHURCH OF VIRGINIA BEACH, INC. and MARYH. SMITH,
TRUSTEE OF THE MARYH. SMITH REVOCABLE TRUST,DISTRICT 7—
PRINCESS ANNE:
a. Conditional Change of Zoning from AG-2 Agricultural to Conditional B-2
Community Business
b. Conditional Use Permit re a religious use at 2285 London Bridge Road
ITEM#la/b WILL BE CONSIDERED SEPARATELY
ITEM#2a—APPLICANT REQUESTS WITHDRAWAL
ITEM#2b WILL BE DEFERRED TO NOVEMBER 7, 2017
October 3, 2017
64
ITEM#67461
Mayor Sessoms entertained a motion to permit City Council to conduct its CLOSED SESSION,pursuant
to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
PERSONNEL MATTERS: Discussion, consideration of, or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specic public officers, appointees or employees pursuant to Section
2.2-3711(A)(1)
• Council Appointments: Council, Boards, Commissions,
Committees, Authorities, Agencies and Appointees
October 3, 2017
65
ITEM#67461
(Continued)
Upon motion by Councilman Wood, seconded by Councilman Moss, City Council voted to proceed into
CLOSED SESSION at 5:50 P.M.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
Mayor William D. Sessoms,Jr., Rosemary Wilson and James L. Wood
Council Members Absent:
John E. Uhrin (STEPPED OUT)
(Closed Session 5:50 P.M. - 5:53 P.M.)
(Break 5:53 P.M. - 6:00 P.M.)
October 3, 2017
66
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
October 3, 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, October 3, 2017, at 6:00 P.M
Council Members Present:
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
INVOCATION: Reverend Kenneth R. Pruitt
Pastor, Kings Grant Baptist Church
MOMENT OF SILENCE FOR VICTIMS OF LAS VEGAS SHOOTING
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.
October 3, 2017
67
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 fbr the
purpose of ident3ing any matters in which she might have an actual or potential conflict. If during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter ofJanuary 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.
October 3, 2017
68
Item—VII-E
CERTIFICATION
ITEM#67462
Upon motion by Councilman Dyer, seconded by Councilman Moss, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
Al 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
October 3, 2017
S�,,NuBEgcH
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#67461 Page 65 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 October 3,2017
69
Item -VII-F
MINUTES ITEM#67463
Upon motion by Councilman Moss, seconded by Council Lady Abbott, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of September 19, 2017.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara
M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, and James L.
Wood
Council Members Absent:
None
Council Members Abstaining:
Rosemary Wilson
October 3, 2017
70
ADOPT AGENDA
FOR FORMAL SESSION ITEM#67464
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
October 3, 2017
71
Item - VII-11
ORDINANCES/RESOLUTIONS
ITEM#67465
Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council APPROVED, BY
CONSENT: Agenda Items 1, 2(MOSS VOTE VERBAL NAY ON SECTION 11), 3, 4a/b(MAYOR
ABSTAIN)and 5a/b/c/d/e
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
October 3, 2017
72
Item-VII-H.1
ORDINANCES/RESOLUTIONS
ITEM#67466
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND City Code §2-3 re limitation on member terms of the Board of
Building Code Appeals
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 K Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
October 3, 2017
1 AN ORDINANCE TO AMEND SECTION 2-3 OF
2 THE CITY CODE PERTAINING TO THE
3 LIMITATION ON TERMS OF MEMBERS OF
4 THE BOARD OF BUILDING CODE APPEALS
5
6 SECTION AMENDED: § 2-3
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
11 That Section 2-3 of the Code of the City of Virginia Beach, Virginia, is hereby
12 amended and reordained to read as follows:
13
14 Sec. 2-3. Limitation on terms of members of boards and commissions;
15 application for appointment of such members.
16
17 (a) Any person appointed to a board or commission of the city shall be limited to:
18
19 (1) Eight (8) consecutive one-year terms.
20 (2) Four(4) consecutive two-year terms.
21 (3) Three (3) consecutive three-year terms.
22 (4) Two (2) consecutive four-year terms.
23 (5) Two (2) consecutive five-year terms.
24
25 The council shall limit its selections to those persons who have submitted
26 applications on forms approved by the council and on file with the city clerk. Each member
27 of the council may review the applications fifteen (15) days prior to the appointment.
28
29 (b) Notwithstanding the provisions of subsection (a) above, City Council may, by an
30 affirmative vote of a majority of all of the councilmembers, reappoint a person to an
31 additional term beyond that permitted by subsection (a) when, by virtue of the unique
32 qualifications of the position or other extenuating circumstances, doing so would serve
33 the best interests of the City.
34
35 (c) Tenn limits shall not apply to appointees of the Board of Building Code Appeals.
36 The members of each division of the Board of Building Code Appeals shall serve at the
37 pleasure of City Council.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 3rd
day of October , 2017.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Clerk City Attorney's Office
CA14160 R-1 September 26, 2017
73
Item-VII-H.2
ORDINANCES/RESOLUTIONS
ITEM#67467
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Resolution to CONFIRM the Virginia Beach 2018 Legislative Agenda to the Virginia
General Assembly for support and sponsorships
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 135 Kane, John D.
Moss, Mayor William 13. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
NOTE: The Consent Vote was 11-0; however, Councilman Moss verbally stated "NAY"on
Section 11.
October 3, 2017
1 A RESOLUTION ADOPTING THE CITY'S 2018
2 LEGISLATIVE AGENDA
3
4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and
5 requests members of the City's local delegation to the General Assembly sponsor
6 and/or support legislation therein; and
7
8 WHEREAS, the City Council has considered a number of goals and objectives
9 for inclusion in the City's 2018 Legislative Agenda.
10
11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
14 That the City Council hereby adopts the City's 2018 Legislative Agenda, which is
15 attached hereto as Exhibit A and is hereby incorporated by reference.
16
17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
18 BEACH, VIRGINIA:
19
20 That the City's Delegation to the General Assembly is hereby requested to
21 sponsor and/or support legislation in the 2018 Session of the General Assembly that
22 would carry out the goals and objectives of the City as set forth in its Legislative
23 Agenda.
24
25 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
26 BEACH, VIRGINIA:
27
28 That the City Clerk is hereby directed to transmit a copy of this resolution to each
29 member of the City's local Delegation to the General Assembly.
30
31 Adopted by the City Council of the City of Virginia Beach, Virginia, this 3rd
32 day of October 2017.
APPROVED TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Ala gib 1/4:91
City Manager's Office City Attorney's Office
CA14152
R-1
September 21, 2017
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LEGISLATIVE AGENDA
GENERAL ASSEMBLY
2018 SESSION
August 10, 2017
ii
TABLE OF CONTENTS
CITY OF VIRGINIA BEACH-CITY COUNCIL iv
CITY OF VIRGINIA BEACH- GENERAL ASSEMBLY DELEGATION v
SECTION 1.1 - CITY OF VIRGINIA BEACH LONG TERM POLICY POSITIONS vi
I. POST LABOR DAY OPENING FOR SCHOOLS 2
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL
2. MORATORIUM ON URANIUM MINING 3
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL
3. INCREASED FUNDING FOR MENTAL HEALTHCARE 6
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL
4. VOTING RIGHTS 7
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL&THE HUMAN RIGHTS COMMISSION
5. SOLUTION TO COASTAL FLOODING.REGIONAL GREENHOUSE GAS INITIATIVE 8
SPONSORED BY CITY COUNCIL MEMBER BARBARA HENLEY
6. MENHADEN FISHING REGULATION 9
SPONSORED BY CITY COUNCIL MEMBERS, MAYOR WILLIAM D.SESSOMS,JR., LOUIS R.JONES,JAMES L.WOOD, &
BENJAMIN DAVENPORT
7. A GOVERNOR'S CABINET LEVEL STATE RESILIENCY OFFICER FOR RECURRENT
FLOODING 10
SPONSORED BY CITY COUNCIL MEMBER JAMES L. WOOD
8. ANIMAL CRUELTY 11
SPONSORED BY CITY COUNCIL MEMBER JAMES L. WOOD
9. CERTIFICATE OF PUBLIC NEED 12
SPONSORED BY CITY COUNCIL MEMBER BOB DYER
10. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT 13
SPONSORED BY CITY COUNCIL MEMBER BOB DYER&THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION
1 L FULL EXPANSION OF MEDICAID AS PROVIDED BY THE AFFORDABLE CARE ACT 14
SPONSORED BY CITY COUNCIL MEMBERS BOB DYER,SHANNON KANE&THE VIRGINIA BEACH HUMAN RIGHTS
COMMISSION
SECTION 1.2-CITY OF VIRGINIA BEACH NEW INITIATIVES 15
12. EASTERN VIRGINIA GROUNDWATER MANAGEMENT AREA 16
SPONSORED BY CITY COUNCIL MEMBER JOHN MOSS
13. FLOOR ON REGIONAL GAS TAX FOR THE HAMPTON ROADS TRANSPORTATION
ACCOUNTABLITY COMMISSION 17
SPONSORED BY CITY COUNCIL MEMBER MAYOR WILLIAM D. SESSOMS,JR.
III
14. PROVISION OF BROADBAND AND NEXT GENERATION WIRELESS COMMUNICATIONS
INFRASTRUCTURE 18
SPONSORED BY CITY COUNCIL MEMBERS MAYOR WILLIAM D.SESSOMS,JR. &BENJAMIN DAVENPORT
15. CREATING THE HURRICANE AND FLOODING RISK REDUCTION ACT OF 2018 19
SPONSORED BY CITY COUNCIL MEMBERS MAYOR WILLIAM D.SESSOMS JR. &BENJAMIN DAVENPORT
iv
CITY OF VIRGINIA BEACH-CITY COUNCIL
Mayor William D. Sessoms,Jr.
Vice Mayor Louis R. Jones - Bayside
Shannon DS Kane Rose I lull
Benjamin Davenport At Large
Jessica Abbott - Kemps‘ilk
Bob Over_ Centerville
Barbara M. Henley- Princess Anne.
John IJ. Macs-At Large
John E. Uhrin - Beach
Rosemary Wilsons At Large
James L. Wood - I vnnhaV en
V
CITY OF VIRGINIA BEACH- GENERAL ASSEMBLY DELEGATION
Senator Lynwood W. Lewis,Jr. —Senate District 6
Senator Frank W. Wagner—Senate District 7
Senator William R. DeSteph, Jr. —Senate District 8
Senator John A. Cosgrove.Jr.—Senate District 14
Delegate Ronald A. Villanueva—House District 21
Delegate Barry D. Knight—House District 81
Delegate Jason R. Miyares—'louse District 82
Delegate Christopher P. Stolle— House District 83
Delegate Glenn R. Davis— House District 84
Delegate Rocky Holcomb House District 85
Delegate Joseph C. Lindsey House District 90
Delegate Robert S. Bloxorn— House District 100
VI
SECTION 1 .1 - CITY OF VIRGINIA BEACH LONG
TERM POLICY P OSITIONS
lert,
1. POST LABOR DAY OPENING FOR SCHOOLS
SPONSORED BY THE VIRGINIA REACH CITY COUNCIL
Background Information:
The total spending from the tourism industry in Virginia Beach for 2015 was $1.4 billion stimulating
12,924 jobs. Starting schools in Virginia Beach and other localities in the Commonwealth prior to Labor
Day would have significant financial consequences on the tourism industry in the long term. Beginning
schools prior to Labor Day would effectively reduce the available vacation time in August by two weeks,
which is prime family vacation time that cannot be replaced. If the Virginia Beach school system begins
before Labor Day and other localities follow our lead,it will have a negative effect on the economic impact
of the tourism industry cutting short the critical summer season which will hurt small businesses,
hardworking families and their employees.To a lesser extent,this will also have an impact on this industry
by affecting the labor pool available prior to Labor Day.
Request:
The General Assembly is requested to maintain the existing legislation concerning post Labor Day
opening of schools. This allows all schools to open after Labor Day except those given exemptions by the
State Board of Education.
***2016 DATA TO BE ADDED WHEN AVAILABLE***
•
2. MORATORIUM ON URANIUM MINING
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL
Background Information:
Virginia has had a moratorium on uranium mining since the 1980s. A large deposit of mineable ore has
been found in Pittsylvania County. This deposit is upstream of the John H.Kerr Reservoir,which provides
93%of the inflow to Lake Gaston,which provides water directly to Virginia Beach,and indirectly to most
of Southside Hampton Roads. A study prepared by the National Academy of Sciences (NAS) indicates
that uranium tailings disposal cells represent long-term risks for contamination, that limited data exist to
confirm the long-term effectiveness of those disposal cells,and that extreme natural events combined with
human errors have the potential to lead to the release of contaminants. The NAS study concludes that
Virginia has no experience with uranium mining, that the federal government has little or no experience
with wet climates and extreme precipitation events,and that there are gaps in legal and regulatory coverage
for uranium mining and steep hurdles to be overcome before mining could be established in Virginia
within a regulatory framework that is protective of health, safety, and the environment.
The City contracted with nationally prominent experts to prepare a study of the downstream water quality
impacts that would occur from a hypothetical, catastrophic breach of an above-grade, uranium mine
tailings disposal cell. The study indicates that in the aftermath of an assumed catastrophe, radioactivity
in the main body of Lake Gaston would remain above state and federal regulatory levels for up to two
months during wet years and six to sixteen months during dry years. The only practical response during
this time would be to shut down the Lake Gaston project. Depending upon the weather, this could have
significant consequences to all of Southside Hampton Roads, but particularly, Chesapeake,Norfolk, and
Virginia Beach.
The Cities of Chesapeake, Norfolk, Suffolk, Virginia Beach, and the Hampton Roads Planning District
Commission have all passed resolutions opposing uranium mining in Virginia and lifting the legislative
moratorium on uranium mining.
Request:
The General Assembly of Virginia is requested to maintain the existing moratorium on uranium mining
in Virginia. Also, the Commonwealth is requested to vigorously oppose federal court actions to overturn
the Uranium Mining Moratorium. (See attached resolution by City Council)
***Please find attached a resolution adopted by City Council on September I, 2015***
i4
Resolution Page 1
1 A RESOLUTION REQUESTING THE
2 ATTORNEY GENERAL TO OPPOSE
3 VIRGINIA URANIUM'S LAWSUIT SEEKING
4 TO INVALIDATE THE COMMONWEALTH'S
5 LONGSTANDING MORATORIUM ON
6 URANIUM MINING IN VIRGINIA
7
8 WHEREAS, the Virginia General Assembly enacted a Moratorium on Uranium
9 Mining in the early 1980's; and
10
11 WHEREAS, this Moratorium was established based on scientifically
12 demonstrated environmental concerns relating to Uranium Mining; and
13
14 - WHEREAS, Virginia Uranium, Inc. and its affiliated companies own mineral
15 rights to a potentially large uranium deposit in the Roanoke River Basin; and
16
17 WHEREAS, Virginia Uranium has repeatedly attempted through the General
18 Assembly to have the Moratorium lifted; and
19
20 WHEREAS, The General Assembly has maintained the Moratorium on Uranium
21 Mining; and
22
23 WHEREAS, Uranium Mining was opposed by multiple jurisdictions and
24 organizations, such as the Roanoke River Basin Association, Hampton Roads Planning
25 District Commission, and the cities of Virginia Beach, Norfolk, and Chesapeake, among
26 many others, several of which obtain their drinking water from Lake Gaston, which is in
27 the Roanoke River Basin and downstream from the Virginia Uranium site; and
28
29 WHEREAS, Virginia Uranium recently filed suit in Federal Court to challenge the
30 legality of the Moratorium; and
31
32 WHEREAS, Virginia Uranium claims that the moratorium on mining was enacted
33 solely because of concerns arising from the disposal of uranium mining by-products and
34 that regulation of the disposal of uranium mining by-products has been pre-empted by
35 Federal law and that,therefore,the moratorium on uranium mining is invalid; and
36
37 WHEREAS, Virginia Uranium requests the court to order the applications for the
38 licenses and permits needed to commence mining operations to be accepted and
39 processed in the same manner as they would if those permits and licenses pertained to
40 any other mineral that may be legally mined; and
41
42 WHEREAS, Virginia Uranium's assertions are inimical to sound public policy
43 and contrary to settled principles of law, inasmuch as the several states, including
44 Virginia, clearly retain the authority to regulate uranium mining witfiin their respective
45 borders;
Resolution Page 2
46 NOW, THEREFORE, BE IT RESOLVED BY THE VIRGINIA BEACH CITY
47 COUNCIL:
48
49 That for the foregoing reasons, on behalf of the Citizens of Virginia Beach, it is
50 respectfully requested that the Attorney General, on behalf of the Governor and other
51 officials of the Commonwealth who have been named as defendants, vigorously oppose
52 Virginia Uranium's lawsuit seeking to invalidate the Commonwealth's longstanding
53 moratorium on uranium mining in Virginia.
54
55 Adopted by the City Council of the City of Virginia Beach on the 1st day of
56 September, 2015.
APPROVED AS TO LEGAL SUFFICIENCY:
jAafrtii M .
City Attorney's Office
CA13427
R-1
August 26, 2015
3. INCREASED FUNDING FOR MENTAL HEALTHCARE
SPONSORED BY THE VIRGINIA BEACH CI I Y COUNCIL
Background Information:
People with serious mental illness, as well as their loved ones, and people with addiction disorders and
their families face a crisis when it comes to accessing services they need. Decades of neglect to the mental
health system,plus an increased need from people who are uninsured, underinsured, or facing economic
hardship,have exacerbated the problem. According to the Virginia Department of Behavioral Health and
Development Services, almost 4,500 Virginians are waiting to receive community-based services for
mental health alone, and almost 1,500 of those have waited for services longer than four months. The
well-being of families and our community is seriously threatened by the failure of those in need to receive
timely and effective mental healthcare...
Request:
The City requests that the General Assembly provide significant increases to funding for mental healthcare
services beyond that provided in 2016.The City supports the Virginia Association of Community Services
Board (VACSB) budget priorities for 2017-2018 and requests funding to include, but not limited to the
following:
• Workforce development with a focus on recruiting and are retaining licensed or license-eligible
staff by offering tuition reimbursement and clinical supervision financial incentives-- $3,991,000
• The VACSB Emergency Services and Substance Abuse Councils are seeking expansion of
medical detoxification to improve our crisis response system for individuals with substance use
dependence and ensure that resources are available for safe detoxification during a crisis episode-
- $16,000,000.
• Reintegration services for high-risk youth and adults to expand capacity for the purchase of
community-based services and treatment to address youth and adults who are high-risk for re-
hospitalization or re-offense due the severity of their behavioral health challenges --$7,000,000
• Additional Waiver Slots: The VACSB Developmental Services Council is supporting The ARC's
Waiver Waiting List Reduction Package to reduce the ID/DD Waiver waiting list by 50%. Waiver
slots build capacities that will enable individuals who need developmental services and supports,
including those with multiple disabilities, to live a life that is fully integrated in the community.
o Fund 200 Developmental Disability Waiver slots as part of the DOJ settlement agreement
in FY16
o Fund 800 Individual and Family Support Waiver slots in both FY 2017 & FY 2018
*Each ID waiver slot costs approximately$45,000 a year
4. VOTING RIGHTS
SPONSORED BY I HE VIRGINIA BEACH CITY COUNCIL
Background Information:
The right to vote is a fundamental right of every citizen of our Commonwealth and nation and it is the
foundation of our democracy. Barriers to the ballot box harm our state and our nation and are inconsistent
with the ideals and principles upon which our great nation and our Commonwealth were founded.
Increased voter participation, on the other hand, strengthens our democracy and results in leaders who are
responsive to the diverse needs of all of our citizens.
Request:
The City requests that the General Assembly support legislation that removes barriers to voter
participation and improves the ability of all Virginia citizens to exercise their fundamental right to vote.
In particular, it is requested that the Right to Absentee Voting be offered to any person qualified to vote
in person without providing a reason. Currently, there are specific excuses for voting early that limit
turnout.
18
5. SOLUTION TO COASTAL FLOODING REGIONAL GREENHOUSE GAS
INITIATIVE
SPONSORED By CITY COUNCIL MEMBER,BARBARA HENLEY
Background Information:
The Hampton Roads Region (along with New Orleans) is the most at risk for coastal flooding and Sea
Level Rise in the country. Recurrent Flooding and Sea level rise is a reality, as can be evidenced by tide
gauges kept by National Oceanic and Atmospheric Administration and others since the early 1900's. Sea
Level Rise is real,and much of Virginia Beach is low and drains poorly. Storms that were small nuisances
just 10-15 years ago, now caused major destmction of roadways and damage homes.
The City Council has embarked on a strategy of studying the various watersheds within the City, which
will in the end provide plans on how to address Recurrent Flooding and Sea Level Rise. The other
localities in the region are doing similar efforts. This is a regional effort, which will take actions by the
state, federal, and local government. It will also be a very expensive endeavor.
The Regional Greenhouse Gas Initiative as it currently exist in states from Maryland and New York north,
allows carbon allowances to be purchased for every ton of CO2 emitted. Companies decide how to stay
below a cap that is set through the region, and these allowances are sold at quarterly auctions.The proceeds
are then returned to the state for reinvestment. It's projected that roughly $200M in auction revenues
through 2030 could be provided to Virginia. This could also help address the administration"Clean Power
Plan
Request:
The General Assembly is requested to adopt legislation as was introduced by Delegate Ron Villanueva of
Virginia Beach and Chesapeake in the 2016 Session.This would allow Virginia to join with the Northeast
RGGI. This would allow us to manage cuts in carbon emission, while at the same time providing revenue
to address Sea level Rise and Recurrent Flooding. Currently the nine RGGI states represent 25% of the
U.S. population. They have had $1.3B in net positive economic impact, have cut pollution three times
faster than non-RGGI states, and have had lower bills for power than other areas.
eft
6. MENHADEN FISHING REGULATION
SPONSORED BY CITY COUNCIL MEMBERS,MAYOR WILLIAM I).SESSOMS,JR., .LOUIS R.JONES,JAMES I.. WOOD
JOHN E.IIHRIN&BENJAMIN DAVENPORT
Background Information:
A small fish-Menhaden- is often referred to as"the most important fish in the sea". Because it is close to
the bottom of the food chain, the populations of many species rely on the Menhaden as a source of food.
These include important commercial fisheries and tourism such as: blue crab, rock fish, speckled trout,
mackerel, flounder,tuna, and shark. Over fishing of Menhaden affects those populations, and hurts many
people's income that rely on the sale of seafood to make a living. Tourism also suffers if the top of the
food chain species go elsewhere in search of food.
The importance of Menhaden is not solely founded on the population of other species. Menhaden also
provide a service in filtering the Bay, second only in importance to the oyster. As they filter the Bay they
return much needed oxygen to the waters for life to flourish.
The Chesapeake Bay and the near shore Atlantic Ocean waters of Virginia Beach are commonly referred
to as the"Menhaden Nursery". Maturation of the Menhaden primarily happens in the Bay which provides
the Atlantic Coast with these important fish. Keeping the Menhaden population flourishing is not only
healthy for the bay and for the entire Atlantic coast, but for the businesses that are such a part of the
economic engines known as tourism and commercial fishing.
Menhaden fishing is currently regulated by the General Assembly. Although the General Assembly's
knowledge of many issues is both wide and deep, regulation of fisheries is best left to those more
knowledgeable of the science. Menhaden is also a multi-state resource that needs to be looked at as a
whole,rather than the needs of few.The General Assembly has removed itself from the regulation of most
other fish & game species, and the regulation of Menhaden needs to be placed with the Virginia Marine
Resources Commission where the technology and science exist to best manage it. Also, the current
regulation of Menhaden does not require those fishing for this species to operate at a reasonable distance
from shore either on the Bay or the Ocean. Breakage in nets leads to regular pollution of the Bay and
Atlantic Ocean beaches with deposits of dead fish.
Request:
The City of Virginia Beach requests the General Assembly to adopt Legislation introduced during the
2016 legislative session similar to HB-l50 introduced by Delegate Barry Knight, and SB-98 introduced
by Senator John Cosgrove. This would require the Virginia Marine Resource Commission to adopt
regulations to implement the Interstate Fishery Management Plan for Atlantic Menhaden. It would also
require any moratorium on the fishery to be subject to legislative review. Additionally, as was proposed
in HB-151 by Delegate Knight, in the 2016 legislative session, fishing for Menhaden with purse nets in
the Chesapeake Bay would be prohibited within one mile and within three miles of the shore lines of
Virginia Beach extending from the North Carolina border. This common sense legislation would allow
this very important resource to be managed for the overall health of the Bay, the Atlantic Ocean, and
Virginia's economy based on science and facts.
X10
7. A GOVERNOR'S CABINET LEVEL STATE RESILIENCY OFFICER FOR RECURRENT
FLOODING
SPONSORED BY CITY COUNCIL MEMBER,JAMES I_WOOD
Background Information:
Hampton Roads is identified as one of the most flood prone areas in the nation. This is due to the
combination of sea-level rise, subsidence of land, and construction in tidal areas over the last 400 years.
That development has reduced natural drainage areas and the ability to absorb flooding along with a host
of other reasons. To address these issues the General Assembly created the Joint Sub-Committee on
Coastal Flooding. This is chaired by Delegate Chris Stolle of Virginia Beach. They have met multiple
times over the last several years, and have identified a number of issues that need to be addressed by the
General Assembly. One recommendation that was suggested,but not adopted, was that a State Resiliency
Officer position be created. Currently, Secretary of Public Safety, Brian Moran is acting as the
Commonwealth's Resiliency Officer by agreement with the Governor's office. Unfortunately,the issue of
recurrent flooding is in need of constant attention due to its threat to the economy of Virginia,particularly
in Hampton Roads, and the wellbeing of all of our citizens. Recurrent flooding for instance is a threat to
major military installations in Hampton Roads, which was identified by the Hampton Roads Planning
District Commission. The City of Norfolk is recognized as one of the most flood plain areas in the nation,
second only to New Orleans, Louisiana.The ports of Virginia could become more susceptible to recurrent
flooding, and their beneficial impact to the Commonwealth could be reduced if this issue is not addressed.
Also there is an impact on almost every citizen in tidal Virginia because of the increase in nuisance
flooding. Rain events that were unnoticed now create impassable streets and destroy property.
Furthermore many insurance companies are reluctant to write homeowners policies because of increased
risk/claims. Currently, the state lacks a single point of contact charged with identifying and addressing
recurrent flooding issues and proposing methods to counter them.
Request:
The City of Virginia Beach requests the General Assembly to create a stand-alone cabinet level
secretariat State Resiliency Officer, and program. This program should be identified as the lead in order
to give direction, and ensure accountability to possibly one of the most important issues facing all of
tidal Virginia. Furthermore, the Resiliency Secretariat should be closely aligned with the Secure
Commonwealth Panel, and be sufficiently supported with staff and resources from other state agencies.
The current operation of having this as a subordinate duty for the Secretary of Public Safety will likely
prove to be ineffective in the long term for bringing resources to bear on this important issue. Recurrent
flooding affects all of Coastal Virginia, and Hampton Roads especially. Even in times of scarce
resources, as the Commonwealth is currently facing, this clear threat to the wellbeing of the
Commonwealth's citizens and our businesses should be addressed effectively and resourced as needed
X11
8. ANIMAL CRUELTY
SPONSORED BY CITY COUNCIL MEMBER,JAMES L.WOOD
Background Information:
State law sets the penalties for cruelty to animals. Currently, Virginia Code § 2.2-6570 provides that an
abuser can only be charged with felony animal abuse if(1)the animal dies as a result of torture or severe
abuse; or (2) the abuser previously had been convicted within the last five years of cruelty to
animals. Accordingly, if a Virginia court concludes that a defendant tortured or severely abused an
animal,but the animal survived the abuse,the court cannot sentence the defendant to more than one year
in jail unless the abuser had been convicted of the same offense within the past five years. If the
defendant instead could be found guilty of a Class 6 felony, the court would have the discretion to
sentence the abuser to up to five years imprisonment. Amending the law to allow a felony charge would
enable our courts to better address severe instances of animal abuse.
Request:
The City Council requests that the General Assembly amend Virginia Code §3.2-6570 to allow persons
who severely abuse companion animals to be charged with a Class 6 felony, regardless of whether the
animal survives or whether the defendant had been previously convicted of the same crime within the
past five years.
9. CERTIFICATE OF PUBLIC NEED
SPONSORED BY CITY COUNCIL MEMBER,BOB DYER
Background Information:
The Certificate of Public Need (COPN) has been used for many years to manage expensive healthcare
delivery facilities in the Commonwealth.This means that when hospitals wish to expand adding new beds
or equipment they must go to a state body to receive permission to do so. The Certificate of Public Need
is seen as a way to reduce duplication of expensive services and facilities, and also to make sure that
facilities constructed are not just those that profit the hospitals and other individuals the most. The COPN
is seen as a way to reduce healthcare costs and make services available as widely as possible. However,
many in the medical services delivery field see the COPN as an unwarranted intrusion into the free market.
During the 2016 session of the General Assembly, multiple bills were introduced to either outright repeal
or other adjustments/modifications to the existing law. Delegate Chris Stolle, of Virginia Beach, who is
not only a medical doctor but a Hospital Administrator,introduced House Bill-1083.HB-1083 would have
modified the COPN while maintaining the bedrock of the process. Delegate Stolle's bill was defeated;
however,other legislation is being studied over the period between the 2016 session and the 2017 session.
There will most assuredly be legislation introduced in the 2017 session that again ranges from outright
repeal to modifications as needed.
Request:
The City of Virginia Beach requests the General Assembly retain COPN in its current form with process
reforms similar to those recommended by Delegate Chris Stolle (HB 1083) in the 2016 session. This
legislation addresses concerns surrounding the COPN process while maintaining the integrity of the
program. Additionally, any legislation to deregulate COPN must be coupled with polices to promote
access to care,ensure provision of essential health services,fund graduate medical education,and maintain
the fiscal stability of Virginia's community.
4,„
I 1
10. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT
SPONSORED BY CITY COUNCIL MEMBER,BOB DYER&
REQUFS9ED BY THE VIRGINIA BEACH IIIJMAN RIGHTS COMMISSION
Background Information:
The Virginia Human Rights Act(Va. Code§ 2.2-3900 et seq.)currently prohibits discrimination based on
race, color, religion, national origin, sex,pregnancy,childbirth or related medical conditions, age,marital
status, or disability. The City of Virginia Beach has prohibited the aforementioned since 1994.
Request:
The City of Virginia Beach requests the General Assembly amend the Virginia Human Rights Act (i) to
also prohibit discrimination based on sexual orientation or gender identity; and (ii) to explicitly prohibit
racial profiling.
• t 4
11. FULL EXPANSION OF MEDICAID AS PROVIDED BY THE AFFORDABLE CARE ACT
Sponsored by City Council Members,Shannon Kane &Bob Dyer&
Requested by the Virginia Beach Human Rights Commission
Background Information:
The Patient Protection and Affordable Care Act("Affordable Care Act") is a 2010 federal law which,
among other things, expands the availability of health care through an expansion of Medicaid. State
legislators have the option of whether to authorize Medicaid expansion in their states. The expansion
establishes a new income eligibility criterion of 133%of the federal poverty level. The Act provides
100% federal funding for the expansion in the first three years, after which time the federal funding will
be reduced to no less than 90%of the cost. 42,029 Virginia Beach residents currently receive Medicaid
benefits,but 38,522 additional adult City residents who are under the age of 65 remain uninsured. An
estimated additional 13,200 Virginia Beach residents will be eligible for Medicaid expansion under the
federal law, including a significant number of single persons with incomes up to $16,243, couples with
incomes up to $21,983, and certain families(depending on family size)with incomes up to $44,497. A
significant number of uninsured Virginia Beach residents who suffer from mental health or substance
abuse disorders will be eligible for health care coverage through Medicaid expansion. The expansion of
Medicaid will increase local employment in medical services and other supportive health care industries
(especially technology).
Request:
The City requests that the General Assembly support the Medicaid expansion for all Virginians.
r �
'`, t5
SECTION 1 .2 - CITY OF VIRGINIA BEACH NEW
POLICY INITIATIVES
I 1
12. EASTERN VIRGINIA GROUNDWATER MANAGEMENT AREA
SPONSORED BY CITY COUNCIL MEMBER JOHN MOSS
Background Information:
The Department of Environmental Quality (DEQ) and others have been working to evaluate ground water
supplies in the Eastern Virginia Groundwater Management Area (EVGMA). They have found that the
resources are insufficient to meet the long term demands of current and future ground water uses.
Furthermore, these groundwater resources are critical to the health, welfare, and economic prosperity of
Eastern Virginia. Since August 2015, the committee and five workgroups have examined six groundwater
management subject areas assigned by legislation, and provided recommendations regarding management.
For purposes of visualization, the Eastern Groundwater area is basically east of Route 95. This area overlays
much of the Chesapeake Bay Management Area, which is managed under the Chesapeake Bay Act
established by the General Assembly. While the City is in support of all of the policy recommendations
developed by the EVGMA, we are adamantly opposed to one of the proposed methods of funding the state
management of this resource of the Commonwealth.
Request:
The City of Virginia Beach supports the work of the Eastern Virginia Groundwater Management Committee.
However, we object to any consideration included in recommendation #12. Wherein the committee
recommends the General Assembly to fund the essential operational costs of DEQ to manage the groundwater
resources through general fund appropriations, or through a reasonable flat fee applied to household
businesses in the groundwater management area. This is a Commonwealth wide resource that needs to be
managed appropriately and fully as recommended in the report, but should be done through appropriations
of the general fund.
Identifying one region of the Commonwealth to fund a resource of the entire Commonwealth is irresponsible,
and not representative of proper government processes.
13. FLOOR ON REGIONAL GAS TAX FOR THE HAMPTON ROADS TRANSPORTATION
ACCOUNTABILITY COMMISSION
SPONSORED BY CITY COUNCIL MEMBER MAYOR WILLIAM D.SESSOMS,JR.
Background Information:
The General Assembly passed HB-2313 during the 2013 Session of the Virginia General Assembly. As part
of that landmark omnibus legislation provided a much needed input of revenue for transportation projects
across the Commonwealth, and additional dedicated regional funding in Northern Virginia and Hampton
Roads. During the 2014 session, the Hampton Roads Transportation Accountability Commission was
established to accompany its companion organization in Northern Virginia. These organizations were given
certain additional tax revenues which are now being used to fund projects such as: 1-64 Improvements on the
Peninsula, the Hampton Roads Bridge Tunnel, the High-Rise Bridge in Chesapeake, and the I-64/1-264
Interchange. Part of those increased revenues were a change in the way gas is taxed statewide. The General
Assembly established a percentage tax on motor fuels such as gasoline and diesel. For the state revenues they
established the floor based on the wholesale price of fuel in February 2013. However,through what has been
described by multiple legislators as an oversight, there was no floor established for the Hampton Roads
Transportation Accountability, Potomac Rappahannock Transportation, and Northern Virginia
Transportation Commissions. Thus, the Hampton Roads Transportation Accountability Commission is
receiving more than$20M less than predicted when the bill was passed before the oversight was discovered.
Request:
The General Assembly is requested to establish a floor on the regional gas tax for Northern Virginia and
Hampton Roads equal to that established for the statewide gas tax through HB-2313 of the 2013 General
Assembly Session. It is requested that the floor be the same as that for the state which was based on the
wholesale price of gas and motor fuels in February 2013. The additional revenues, which would amount to
over $20M a year would allow for perhaps $300M worth of bonding capacity for the Hampton Roads
Transportation Accountability Commission, or $20M in pay as you go funds if bonding is not utilized.
Without this floor the length of time for the identified projects to be constructed will be extended many years
into the future.
Another reason for establishing the floor is because the projects are so terribly expensive. For instance, the
Hampton Roads Bridge Tunnel is estimated to cost $3B or more. With the rate of inflation on these
construction costs it very much effects the buying power of the money generated to the Hampton Roads
Transportation Accountability Commission. With a modest 2.5%increase in construction costs on$5B worth
of projects; the amount of projects Hampton Roads Transportation Accountability Commission will have
underway in the next few years, shows the need for the floor.
s t.
14. PROVISION OF BROADBAND AND NEXT GENERATION WIRELESS COMMUNICATIONS
INFRASTRUCTURE
SPONSORED BY CITY COUNCIL MEMBERS MAYOR WILLIAM D.SESSOMS,JR.,&BENJAMIN DAVENPORT
Background Information:
During the 2017 Session of the General Assembly measures were introduced in the House and Senate that
would greatly roll back the ability of localities to be entrepreneurial in the provision of broadband services,
and greatly limit localities' current ability to control the locating of wireless communications infrastructure,
especially for 5th generation.
The City of Virginia Beach has been exceptionally innovative and tactical in constructing broadband capacity
throughout the City for public entities, and also providing excess capability to the private sector. The City
has also been successful in negotiating and securing transoceanic broadband cables coming ashore in Virginia
Beach, which promises to provide unprecedented intemet speeds and broadband access to Virginia Beach,
Hampton Roads,the Commonwealth, and indeed all of America.To put this in perspective,one of the cables
coming ashore in Virginia Beach has 150% capability of all of the other transoceanic cables currently in
service. There are firm plans for multiple other cables to come ashore in Virginia Beach, and possibly
considerably more.The City is committed to making this new capability mesh with its existing services which
has been mentioned favorably in multiple newspaper and journal articles.
The measure pursued during the 2017 Session regarding the placement of wireless communications
infrastructure will most assuredly return during the 2018 Session. Based upon current efforts of the
Committee on Wireless Communications Infrastructure, such measures will usurp most localities' authority
over the rights-of-ways that local governments are responsible for holding in trust for the benefit of the public.
Also at great risk are localities' ability to protect the integrity of public buildings, and control(as appropriate)
of the visual impact of wireless communications infrastructure.
Although the 5th generation of wireless communications holds great promise, it will be at least half a decade
before standards are even established by the industry and federal government for deployment of this
technology. These standards will obviously dictate where equipment is needed.
Request:
The General Assembly is requested to defeat any measure introduced that will constrain the existing
operations as currently performed in the City of Virginia Beach in regards to the availability, provision, and
expansion of broadband service. Restricting the City's ability at this critical juncture as this new technology
is being implemented, would be harmful to the citizens of the entire Commonwealth. It should be noted that
where appropriate the City used private vendors to construct the broadband infrastructure. However,because
the City owns and maintains the broadband capability, once installed the City is saving over one million
dollars of taxpayer dollars a year in doing so.
In regards to wireless communications infrastructure, especially 5th generation, the City of Virginia Beach
requests the General Assembly to reject any bill that would further erode what is left of the authority of
localities to control the placement of such infrastructures, either through its zoning authority or as a steward
of the public right-of-way. It should also be noted that the Federal Communications Commission is working
on regulations that will supersede state law. We believe the General Assembly should wait for actions of the
Federal Government.
19
15. Creating the Hurricane and Flooding Risk Reduction Act of 2018
SPONSORED BY MAYOR WILLIAM D.SESSOMS,JR.
Background Information:
Virginia Beach and Hampton Roads have been severely affected by hurricanes such as Matthew last year.
Also the issue of recurrent flooding is deemed to be high priority for the city. The city has programmed
hundreds of millions of dollars over the next decade or so to increase our resiliency to flooding and storm
events. During the 2017 Session of the General Assembly, Delegate Jason Miyares introduced House Bill
2320 which would have created the Hurricane Risk Reduction Act of 2017. This act would have taken its
cue from legislation passed in Louisiana that established a standard for the nation in sponsorship of
hurricane and flooding risk reduction projects in partnership with the Army Corp of Engineers. The
enactment of the legislation in Virginia would help to reduce or eliminate, in a cost effective way
potentially most destructive floods in Virginia through construction of flood control and structural and non-
structural solutions. This would save lives,prevent economic and environmental destruction and be an
environmentally sensitive and cost effective way to address hurricanes, recurrent flooding and other similar
events.
Request:
The General Assembly is requested to adopt legislation during the 2018 Session of the General Assembly
modeled after Delegate Miyares' House Bill 2320 from the 2017 Session. This in concert with the creation
of a cabinet level secretariat responsible for recurrent flooding and storm reduction would be a very
effective way for the Commonwealth to be prepared for hurricanes and ever increasing recurrent flooding.
74
Item-VII-H.3
ORDINANCES/RESOLUTIONS
ITEM#67468
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Resolution to provide "design"DIRECTION for the City Hall Replacement
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
October 3, 2017
1 A RESOLUTION TO PROVIDE DESIGN DIRECTION
2 FOR CAPITAL PROJECT 3-072, CITY HALL
3 REPLACEMENT
4
5 WHEREAS, the Council directed staff to undertake a robust civic engagement
6 process that included three public sessions and a Facebook Live session; and
7
8 WHEREAS, the public preference was Option 2;
9
10 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12
13 That the City Manager is directed to pursue the design alternative, Option 2, set
14 forth in further detail in the attached slide, Exhibit A, for the location of the future City Hall
15 (Capital Project 3-072), and that the design should take into account the existing gardens,
16 both the Mary C. Russo Volunteer Recognition Garden and the Sister Cities Garden.
Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of
October , 2017.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Davi) LJ ' 4_,GLA
David A. Bradley .rmeyer
Budget and Management Servides Office of the City Attorney
CA14153
R-1
September 20, 2017
EXHIBIT A
CITY HALL 2020 - OPTION 2
New 3 story building between B-1 and B-2
1 , I 7--1,!'''''''
•
ITY HALL 2020
New 3 story building between an:
75
Item -VII-H.4a
ORDINANCES/RESOLUTIONS
ITEM#67469
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to AUTHORIZE temporary encroachments:
a. Into portions of City property re bulkhead maintenance and pier
replacement at 5136 Overland Road known as Kemps Lake. DISTRICT 2
- KEMPSVILLE
IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinances to AUTHORIZE temporary encroachments:
a. Into portions of City property re bulkhead maintenance and pier
replacement at 5136 Overland Road known as Kemps Lake (GPINs
1467629311 and 1467723094) DISTRICT 2- KEMPSVILLE
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 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.
3. 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.
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 Encroachment so as not to become unsightly or a hazard.
6. 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 Five Hundred Thousand Dollars ($500,000) 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
October 3, 2017
76
Temporary Encroachment.
Item -1111-H.4a
ORDINANCES/RESOLUTIONS
ITEM#67469
(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.
8. 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 he 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.
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis K Jones, Shannon DS Kane, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
October 3, 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 KEMPS
7 LAKE LOCATED AT THE REAR OF
8 5136 OVERLAND ROAD
9
10 WHEREAS, William F. Gerstein Jr. and Cristi A. Gerstein desire to remove
11 an existing pier, to maintain the existing bulkhead and to construct and maintain a fixed
12 pier("L"shaped: 28' x 24' x 16'), a floating pier(6' x 12'), and a timber bulkhead (100 linear
13 feet) (the "Temporary Encroachments") upon the City's property, known as Kemps Lake,
14 located at the rear of 5136 Overland Road; and
15
16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
18 the City's property subject to such terms and conditions as Council may prescribe.
19
20 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22
23 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, William F. Gerstein Jr. and
25 Cristi A. Gerstein, their heirs, assigns and successors in title are authorized to remove an
26 existing pier, to maintain an existing bulkhead and to construct and maintain a fixed pier
27 ("L" shaped: 28' x 24' x 16'), a floating pier (6' x 12'), and a timber bulkhead (100 linear
28 feet) upon the City's property as shown on the map entitled: "EXHIBIT "A" —
29 ENCROACHMENT FOR CRISTI &WILLIAM GERSTEIN 5136 OVERLAND ROAD,"dated
30 May 15, 2017 and prepared by Professional Construction Consultants, LLC, a copy of
31 which is attached hereto as Exhibit"A", and on file in the Department of Public Works and
32 to which reference is made for a more particular description;
33
34 BE IT FURTHER ORDAINED, that the Temporary Encroachments are
35 expressly subject to those terms, conditions and criteria contained in the Agreement
36 between the City of Virginia Beach and William F. Gerstein Jr. and Cristi A. Gerstein (the
37 "Agreement"), an unexecuted copy of which has been presented to the Council in its
38 agenda, and will be recorded after execution among the records of the Clerk's Office of the
39 Circuit Court of the City of Virginia Beach;
40
41 BE IT FURTHER ORDAINED, that the City Manager or his authorized
42 designee is hereby authorized to execute the Agreement; and
1
43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
44 such time as William F. Gerstein Jr. and Cristi A. Gerstein and the City Manager or his
45 authorized designee execute the Agreement.
46 q
47 0c tobie opted by the Council of the City of Virginia Beach, Virginia, on the 3rd
48 day of , 2017.
CA14000
R-1
PREPARED: 07/28/17
\\vbgov.com\dfs1\applications\citylawprod\cycom32\wpdocs\d028\p025\00388259.doc
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
PUBLIC •RKS, REAL ESTATC� E I • ' •�. HARMEYER
-1\211 SENIOR CITY ATTORNEY
2
N K EM PS LAKE This sit) A 6`n is as d on and was recmpero in
without the benefit of a tale search.
]4' PROPOSED AXED PIER
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TO HE REMOVED
M.B. ID
34 P. 15NSCITY OF VIRGINIA BEACH
(ENCROACHES 27]'
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INTO CVD PROPERTY) 1
II I
1-- PROPOSED 6'1112' FLQM1 C PIER
Ex SULKHEAO� I PROPOSED 100 L.F.
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EX CONC. B.LKHEAO -T �' IO
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UNLESS OTHERWISE NOTED
PROPOSED BULKHEAD WILL
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INTO CVB PROPERTY
PROPOSED FIXED PIER WILL
ENCROACH MAX. 34.1'
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PROPOSED FLOATING PIER
WILL ENCROACH MAX. 20.5' z
INTO CVB PROPERTY
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S/ANAL �' 5 52'14' W 90.00'
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u ` EXHIBIT "A" — ENCROACHMENT
1" = 30' FOR
ZONING: R-10 CRISTI & WILLIAM GERSTEIN
5136 OVERLAND ROAD
ENGINEERING SERVICES PROVIDED BY:
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PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C)(4)
THIS AGREEMENT, made this ,v day of dra`t , 201 , by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and William F. GERSTEIN Jr. and Cristi A.
GERSTEIN, 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 71, Section 3, Kempsville Heights"; as shown on
that certain plat entitled: "SECTION 3 OF KEMPSVILLE HEIGHTS KEMPSVILLE
DISTRIC PRINCESS ANNE CO VA PROPERTY OF WILLIAM J. MILLER" dated
January 1983 and prepared by C. A. Bamforth, and said plat is recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 34, at page
15, and being further designated, known, and described as 5136 Overland Road,
Virginia Beach, Virginia 23462;
WHEREAS, it is proposed by the Grantee to remove the existing pier, to
maintain the existing bulkhead and to construct and maintain a fixed pier ("L" shaped:
28' x 24' x 16'), a floating pier (6' x 12'), and a timber bulkhead (100 linear feet),
collectively, the "Temporary Encroachment", in the City of Virginia Beach; and
GPIN: 1467-62-9311 (CITY PROPERTY — KEMPS LAKE)
GPIN: 1467-72-3094 (5136 OVERLAND ROAD)
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 Kemps Lake, 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 CRISTI & WILLIAM GERSTEIN
5136 OVERLAND ROAD," dated May 15, 2017 and
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
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 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
Grantee will provide endorsements providing at least thirty (30) days written notice to
3
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
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, William F. Gerstein Jr. and Cristi A. Gerstein,
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
4
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
BY ' Isar a
William F. Ger. ein Jr., 0 ner
BY L., Ge 4n.(u,
Cristi A. Gerstein, Owner
STATE OF V I s a-
CITY/CQUN4 Y OF V I rc5 in l C 13eccch to-wit:
The foregoing instrument was acknowledged before me this I Vin day of
, 201x, by William F. Gerstein Jr.
(SEAL)
o ary Public
TERESA G JESCH
Notary RegistrationJ•LNzG NOTARY PUBLIC
Number: '11 1 REO. F7702828
COMMONWEALTH OF VIRGINIA
My Commission Expires: oc; ti/o23 weONM—.sIOML1nRE1MAn1.1/10
STATE OF \I\(CiniG—
CITY/COUNTY OF\ tn.(G aeccJ-i , to-wit:
The foregoing instrument was acknowledged before me this Ig' day of
1(\ul.br , 201 -1 , by Cristi A. Gerstein. a
J U (SEAL)
N tary Public
Notary Registration Number: 1-1 atV29 TERESA G JESCH
NOTARY PUBLIC
REO. #7702829
My Commission Expires: o-c\ 111 20 ZJ COMMONWEALTH OF VIRGINIA
w CONWAssw WHIIn MAY 11.1m1
7
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
� � f
SIGNATURE ak AR EYER,
SENIOR CITY ATTORNEY
DATE
PUBLIC WORKS / REAL ESTATE
DEPARTMENT/ DIVISION
8
A KEMPS LAKE This site plan is bused on plat recorded in
R.\L/ (CVB) M.B. 34, Pg. 15 and was prepared
without the benefit of a title search.
1 c 'E. 6✓2e PIER I! 4a'
PROPOSED AXED PIER
TO BE REMOVED!
•ACITY OF Neawu BEACH
(ENCROACHES 27 7'
m34.1 GRN'. 1467 62 9311
INTO CVB PROPERTY) o
I
1---PROPOSED 6112' FLOAT C PIER
EX BAKHEADI PROPOSED 100 L.F.
90' 20.5 _ - oHW TIMBER BULKHEAD
X. CONS BJI KHEAD. — ��' I(1
1p N 52'14 E \-OHW 90.00' }`
OHW Al EX. BULKHEAD 4.5' 9.0. 10' DRAINAGE EASEMENT
UNLESS OTHERWISE NOTED (M.B. 34 P. 15)
PROPOSED BULKHEAD WILL 1
ENCROACH MM. 9.0'
INTO CVB PROPERTY
PROPOSED FIXED PIER WILL
ENCROACH MAX. 34.1'
INTO CVB PROPERTY
PROPOSED FLOATING PIER
WILL ENCROACH MAX. 20.5•
INTO CVB PROPERTY
y'.,
FII
LOT 70 N
N/F JAMES MICHONSKI
5140 OVERLAND ROAD
OPIN 1467 71 3920 wara
01
DECK
IT /q 1
I Ll 72
O N/F DANIEL DUDLEY
5132 OVERLAND ROAD
' '0 OPIN. 1467 72 4150
�p,\.T I-I OF 1—STORY
BRICK & FRAME 0.
�
O #5136
1
U RICHARD T. BARRETf , ' _
Lic. No. 18335
SEPTEMBER 21, 2017 Q LOT 71
0 \
M S. 34 PO 15
6FIN. 1467 72 3094
eVS/GNAT S52'14' W 90.OD.
0 30' fio' OVERLAND ROAD REV 9�21�2017
ill_ EXHIBIT "A" — ENCROACHMENT
1" s 30• FOR
ZONING: R-10 CRISTI & WILLIAM GERSTEIN
5136 OVERLAND ROAD
ENGINEERING SERVICES PRONGED HY:
PROFESSIONALON (77) CONSTRUCTION ULorCK CONSULTANTS,COM MAY MAY 15, 2017 SHEET 1 OF 1
77
Item-VII-H.46
ORDINANCES/RESOLUTIONS
ITEM#67470
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to AUTHORIZE temporary encroachments.'
b. Into portions of City's rights-of-way re beach landing maintenance at
4536 Ocean View Avenue. DISTRICT 4-BAYSIDE
IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinances to AUTHORIZE temporary encroachments:
b. Into portions of City's rights-of--way re beach landing maintenance at
4536 Ocean View Avenue (GPINs 1570627250 and 1570627563)
DISTRICT 4-BAYSIDE
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 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.
3. 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.
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 Encroachment so as not to become unsightly or a hazard.
6. It is further expressly understood and agreed that the Grantee must submit and have
approved a traffic control plan before commencing work in the Encroachment Area.
7. It is further expressly understood and agreed that the Grantee agrees that no open cut
of the public roadway will be allowed except under extreme circumstances. Requests
for exceptions must be submitted to the Highway Operations Division of the
Department of Public Works,for final approval.
8. 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').
October 3, 2017
78
Item-VII-H.4b
ORDINANCES/RESOLUTIONS
ITEM#67470
(Continued)
9. 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 Five Hundred Thousand Dollars ($500,000) 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.
10. It is further expressly understood and agreed that the Temporary Encroachment must
conform to the minimum setback requirements, as established by the City.
11. It is further expressly understood and agreed that the Grantee must submit for review
and approval, a survey of the Encroachment Area, certified by a registered
professional engineer or a licensed land surveyor, and/or "as built"plans of the
Temporary Encroachment sealed by a registered professional engineer, if required
by either the Department of Public Works City Engineer's Office or the Engineering
Division of the Department of Public Utilities.
12. It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and
charge the cost thereof to the Grantee, and collect the cost in any manner provided
by law for the collection of local or state taxes; may require the Grantee to remove
the Temporary Encroachment; and pending such removal, the City may charge the
Grantee for the use of the Encroachment Area, the equivalent of what would be the
real property tax upon the land so occupied if it were owned by the Grantee; 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.
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.
October 3, 2017
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS INTO
5 PORTIONS OF CITY RIGHTS-OF-WAY
6 KNOWN AS FENTRESS AVENUE AND
7 OCEAN VIEW AVENUE AND INTO THE
8 PUBLIC BEACH EASEMENT LOCATED
9 ADJACENT TO AND AT THE REAR OF 4536
10 OCEAN VIEW AVENUE
11
12 WHEREAS, B & J LTD. OF VIRGINIA, a Virginia corporation, desires to (i)
13 construct and maintain a proposed 6.1' x 8.25' landing and 5' x 16' stairs in the public
14 beach easement of Chesapeake Beach (the "Public Beach Easement"), (ii) maintain
15 portions of an existing building, eaves, decks, steps, concrete walk, planter,fencing, vinyl
16 railing, grouted rip rap, head wall, 24"RCP, metal top and concrete into Fentress Avenue,
17 and (iii) maintain a generator, wall, steps, fence, eave, building, and concrete walk into
18 Ocean View Avenue adjacent to its property located at 4536 Ocean View Avenue
19 (collectively, the "Temporary Encroachments");
20
21 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
22 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
23 the City's right-of-way subject to such terms and conditions as Council may prescribe.
24
25 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27
28 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, B & J LTD. OF VIRGINIA, a
30 Virginia corporation, and its assigns and successors in title are authorized to (i) construct
31 and maintain a proposed 6.1' x 8.25' landing and 5' x 16' stairs in the Public Beach
32 Easement on Chesapeake "), (ii) maintain portions of an existing building, eaves, decks,
33 steps, concrete walk, planter, fencing, vinyl railing, grouted rip rap, head wall, 24" RCP,
34 metal top and concrete into Fentress Avenue, and (iii) maintain a generator, wall, steps,
35 fence, eave, building, and concrete walk into Ocean View Avenue as shown on the map
36 entitled: "EXHIBIT A ENCROACHMENT PLAT FOR B & J LTD OF VIRGINIA LOTS 1-4,
37 38-40, BLOCK 7 LOCATED AT FENTRESS AVENUE &OCEAN VIEW AVENUE", Scale:
38 1" = 20', dated April 21, 2017, revised through September 14, 2017, and prepared by
39 Gallup Surveyors & Engineers, Ltd., a copy of which is attached hereto as Exhibit A, and
40 on file in the Department of Public Works, reference to which is made for a more particular
41 description;
42
43 BE IT FURTHER ORDAINED, that the Temporary Encroachments are
44 expressly subject to those terms, conditions and criteria contained in the Agreement
45 between the City of Virginia Beach and B & J LTD. OF VIRGINIA, (the "Agreement"), an
1
46 unexecuted copy of which has been presented to the Council in its agenda, and will be
47 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia
48 Beach;
49
50 BE IT FURTHER ORDAINED, that the approval provided herein is
51 conditioned upon B &J LTD. OF VIRGINIA entering into and maintaining in good standing
52 a lease with the City for the gravel parking area shown on Exhibit A;
53
54 BE IT FURTHER ORDAINED, that the City Manager or his authorized
55 designee is hereby authorized to execute the Agreement; and
56
57 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
58 such time as B & J LTD. OF VIRGINIA and the City Manager or his authorized designee
59 execute the Agreement.
60
61 Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd
62 day of October 2017.
CA13993
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PREPARED: 9/6/2017
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APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
PUBLIC WORKS, REAL ESTATES i • • • R. Air E' R
SENIO` CITY ATTORNEY
2
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K U1 , m O SE EASEMENT
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GRIN: 1570-62-7250 LOT 36
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No. a LOTS 1 -4, 38-40 BLOCK 7
38395 .\-1 tea; LOCATED AT FENTRESS AVENUE & OCEAN VIEW AVENUE
• 6,25 SCALE: 1" = 20' DATE: APRIL 21, 2017
SSS/ONAL ES' NOTE: GALLUP REVISED 5-30-17
1. THIS PLAN WAS PERFORMED I SURVEYORS & ENGINEERS, LTD. REVISED 6-23-17
WITHOUT THE BENEFIT OF 323 FIRST COLONIAL ROAD REVISED 9-14-17
17-15 encr.dwg A TITLE REPORT. VIRGINIA BEACH. VIRGINIA 23454
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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 ofScc iS$ . 2017, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and B & J, LTD. OF VIRGINIA a Virginia
corporation, IT'S ASSIGNS AND SUCCESSORS IN TITLE, "Grantee'.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lots One (1), Two (2), Three (3), Four (4), Thirty-
Eight (38), Thirty-Nine (39) and Forty (40), in Block Seven (7)", as shown on that certain
plat entitled: "CHESAPEAKE PARK PROPERTY OF LYNNHAVEN REALTY
CORPORATION 319-321 SEABOARD BANK BLDG. NORFOLK, VA.", Scale: 1 inch =
200 ft., prepared by C.F.Petrie, C.E., dated May 1910, which said plat is recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 4,
at page 47, and being further designated, known, and described as 4536 Ocean View
Avenue, Virginia Beach, Virginia 23455;
WHEREAS, it is proposed by the Grantee (i) to construct and maintain a
proposed 6.1' x 8.25' landing and 5' x 16' stairs within the public beach easement on
Chesapeake Beach (the "Public Beach Easement"), (ii) to maintain portions of an
existing building, eaves, decks, steps, concrete walk, planter, fencing, vinyl railing,
grouted rip rap, head wall, 24" RCP, metal top and concrete into Fentress Avenue, and
GPIN: (CITY RIGHT AWAY— NO GPIN REQUIRED OR ASSIGNED)
Fentress Ave, Ocean View Ave and Public Beach Easement
GPINs: 1570-62-7250 & 1570-62-7363—4536 Ocean View Avenue
(iii) to maintain a generator, wall, steps, fence, eave, building, and concrete walk into
Ocean View Avenue, 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 portions of existing City
rights-of-way known as Fentress Avenue and Ocean View Avenue, and the Public
Beach Easement the "Encroachment Area"; and
WHEREAS, the Temporary Encroachment is conditioned upon
requirements included in the ordinance adopted by the City Council;
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 PLAT FOR B & J LTD OF VIRGINIA
LOTS 1-4, 38-40, BLOCK 7 LOCATED AT FENTRESS
AVENUE & OCEAN VIEW AVENUE", Scale: 1" = 20', dated
April 21, 2017, revised through September 14, 2017, and
2
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
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 attorneys 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.
3
It is further expressly understood and agreed that the Grantee must
submit and have approved a traffic control plan before commencing work in the
Encroachment Area.
It is further expressly understood and agreed that the Grantee agrees that
no open cut of the public roadway will be allowed except under extreme circumstances.
Requests for exceptions must be submitted to the Highway Operations Division of the
Department of Public Works, for final approval.
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
Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
4
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, the said B & J LTD OF VIRGINIA, a Virginia
corporation, has caused this Agreement to be executed in its corporate name and on its
behalf by Stephen L. Michaels, its President. 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.
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
B & J LTD OF Virginia, a Virginia
corporation
By 1A, ► t (SEAL)
tephe L. i h:els, Prd' nt
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this kJ-. day of
5-011-0,1172-{ , 2017, by Stephen L. Michaels, President of B & J LTD of Virginia, a
Virginia corporation. 1
A; EhS tI/t . (SEAL)
Notary Public
t• sSTO
Notary Registration Number: '73,5�1(Qfj' on
My Commission Expires: .-7/ t /1 I 49 v :'
g
yon
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
IGNATURE oi- l-C\ • RMEYER
SENIOR CITY ATTORNEY
DEPARTMENT
7
' I "TI z 1 I 2 I PUBLIC BEACHI
K (J7 Fn EASEMENT
boi 0 < Z L., (PROPOSED I N. 20150304000178020
(T1 -4 -4. 6.1'x8.25' LANDING(
o' Z7 Zr_ Z1 AND 5'x16' I 3 4 N
3
° \ (m/1 HIE F" /STAIRS N 64'03'59" W (85.00' v.
d VINYL RAILING rn
N 111 (TYPICAL) AND VINYL BULKHEAD 27 46 O
A
1 CONCRETE 6j
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F„4' . - ` B & J LTD. OF VIRGINIA
•I,a • R 4! WOOD D.B. 1418 P. 45
FENCE 11119
FENCE LOTS 1-4, 38-40, BLOCK 7
Fll 6.6' DECK & GPIN: 1570-62-7250 LOT 36
r, fr
i LINE OF GPIN: 1570-62-7363 BLOCK 7
GR Vt`7 4 VINYLM.B. 4 P. 47
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• 11.5 DECK & "BUOY 44"
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as"
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FRAME 62-7198
, ! p,T DECK & FENCE �" BUILDING
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•�1 B 4' PLANTEi,R
SIGN
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SIGN 0.2' EAVE (T; r 0I. B 0359 n
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U
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+ p
I - ENCROACHMENT PLAT
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0 UTLER r. No. 9 LOTS 1 -4, 38-40 BLOCK 7
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38395 �� e- LOCATED AT FENTRESS AVENUE & OCEAN VIEW AVENUE
• 6,23, 4�� SCALE: 1 " = 20' DATE: APRIL 21, 2017
eSS1ONAL `-' \
NOTE: GALLUP REVISED 5-30-17
1. THIS PLAN WAS PERFORMED SURVEYORS & ENGINEERS, LTD. REVISED 6-23-17
'MTHOUT THE BENEFIT OF 323 FIRST COLONIAL ROAD REVISED 9-14-17
17-15 encr.dwg A TITLE REPORT. VIRGINIA BEACH, VIRGINIA 23454
(757)428-8132
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WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER
MAYOR BUILDING 1
2401 COURTHOUSE DRIVE
In Reply Refer to 0061512 VIRGINIA BEACH, 23458-4
FAX p57I 9854699
wsessomsevogw corn
October 3, 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 the City Council's discussion and
vote on an ordinance to authorize temporary encroachments into portions of the
right-of-way known as Fentress Avenue and Ocean View Avenue and into the
public beach easement located adjacent to, and at the rear of, 4536 Ocean View
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 22"d Street in
Virginia Beach, and I will abstain from voting on this matter.
Please record this declaration in the official records of the City Council. Thank you for
your assistance.
Sincerely,
4
William D. Sessoms
Mayor
WDS/RRI
79
Item-VII-11.5a
ORDINANCES/RESOLUTIONS
ITEM#67471
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT,APPROPRIATE or TRANSFER:
a. $800,000 to the Police Oceanfront Camera Project re installation of
Cameras West of Pacific Avenue
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
October 3, 2017
1 AN ORDINANCE TO TRANSFER $400,000 FROM
2 CIP PROJECT 3-056 AND $400,000 FROM FIXED
3 ASSETS TO CIP 3-610, "POLICE OCEANFRONT
4 CAMERAS," FOR INSTALLATION OF CAMERAS
5 WEST OF PACIFIC AVENUE
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That $800,000 is hereby transferred to CIP 3-610, "Police Oceanfront Cameras,"
11 with $400,000 from CIP 3-056 "Public Safety Equipment Replacement Project" and
12 $400,000 from Fixed Assets to allow the completion of installation of 11 cameras west of
13 Pacific Avenue.
Adopted by the Council of the City of Virginia Beach, Virginia on the 3rdday of
October 2017.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
David Bradley / bana-9arm-yer
Budget and Management Services City Attorney's Office
CA14149
R-1
September 18, 2017
80
Item -VH-H.56
Sb
ORDINANCES/RESOLUTIONS
ITEM#67472
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT,APPROPRIATE or TRANSFER:
b. $ 15,000 from the Williams Family Fund to the Virginia Aquarium
Foundation, Inc. re Coastal Conservation Garden and Outdoor
Adventure Park
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
October 3, 2017
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $15,000 FROM THE VIRGINIA AQUARIUM
3 FOUNDATION TO CIP 3-306, "COASTAL
4 CONSERVATION GARDEN & OUTDOOR
5 ADVENTURE PARK"
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA, THAT:
9
10 $15,000 is hereby accepted from the Virginia Aquarium Foundation and
11 appropriated, with donation revenue increased accordingly, to CIP 3-306, "Coastal
12 Conservation Garden & Outdoor Adventure Park"for the construction of a mulch trail and
13 scenic overlook.
Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day
of October , 2017.
Requires an affirmative vote by a majority of all of the members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
f
1 A j) ' *) Dana �>)
David Bradley / r yer
Budget and Management Services City Attorney's Office
CA14156
R-1
September 20, 2017
81
Item-VII-H.Sc
ORDINANCES/RESOLUTIONS
ITEM#67473
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT,APPROPRIATE or TRANSFER:
c. $155,000 to provide an interest free loan to Plaza Volunteer Fire
Company and Rescue Squad, Inc. re purchase of a new ambulance
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
October 3, 2017
1 AN ORDINANCE TO APPROPRIATE FUNDS AND TO
2 PROVIDE AN INTEREST-FREE LOAN TO THE PLAZA
3 VOLUNTEER FIRE COMPANY AND RESCUE SQUAD, INC.
4 FOR THE PURCHASE OF A NEW AMBULANCE
5
6 WHEREAS, the Plaza Volunteer Fire Company and Rescue Squad, Inc. has
7 requested an interest free loan of $155,000 to purchase a replacement ambulance with
8 required equipment.
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12
13 1. That$155,000 is hereby appropriated from the fund balance of the General
14 Fund for an interest-free loan to the Plaza Volunteer Fire Company and
15 Rescue Squad, Inc. for the purchase of a replacement ambulance; and
16
17 2. That this loan is to be repaid by Plaza Volunteer Rescue Squad over five(5)
18 years, pursuant to the terms of the attached agreement and promissory note.
Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of
October , 2017.
Requires an affirmative vote by a majority of all of the members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
David Bradley -Dana-PC er
Budget and Management Services City Attorney's Office
CA14151
R-1
September 20, 2017
Agreement between the City of Virginia Beach and
the Plaza Volunteer Fire Company and Rescue Squad, Inc.
THIS AGREEMENT is made and entered into this day of , 2017, by and
between the CITY OF VIRGINIA BEACH,VIRGINIA ("CITY")and the Plaza Volunteer Fire Company
and Rescue Squad, Inc. a Virginia non-stock corporation ("RESCUE SQUAD"), in accordance with the
provisions of Code of Virginia§§ 27-15.2 and 27-23.6.
WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical
services within the City of Virginia Beach; and
WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified
volunteer personnel and equipment to provide emergency medical services,and
WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in
Virginia Beach provided by the RESCUE SQUAD; and
WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to
enter into this agreement to render support and services to one another in accordance with these terms.
WITNESSETH
For and in consideration of the mutual promises and covenants set forth herein, and for other
valuable consideration related to the acquisition of a vehicle, the parties enter into the following
agreement as defined below:
RESPONSIBILITIES OF THE CITY
A. Provide a no interest loan for the purchase of the vehicle.
B. Provide standardized equipment required for operations within the City including,but not
limited to mobile communications devices,pagers,and map books.
C. Provide or pay for insurance covering emergency service and support vehicles owned by
the RESCUE SQUAD.
D. Provide fuel for the vehicle.
E. Provide all vehicle maintenance and inspection services, including payment of the annual
maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long
as the vehicle remains a CITY-insured vehicle. The Division of Automotive Services shall maintain
maintenance records and allow the RESCUE SQUAD's officers access to those records.
RESPONSIBILITIES OF THE RESCUE SQUAD
A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory
Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount
should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30
days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six
months upon a written determination that the extension is the result of extenuating circumstances. No
more than one extension shall be granted without authorization from the City Council.
B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the
CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle,unless
1
prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-owned
equipment.
C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE
SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all
maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain
the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures.
The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops
that are acceptable to the EMS Chief.
DEFAULT AND MODIFICATION
A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole
discretion agree to a modification of this agreement, in accordance with the modification procedure set
forth in the next subsection. If the parties do not agree in writing to a modification of this agreement,
then,upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide
a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle
and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the
fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY
and the RESCUE SQUAD to determine the vehicle's fair market value.
B. This agreement may be reviewed at any time upon the direction of the City Manager.
Each party must agree in writing to any subsequent modifications.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first
above written.
PLAZA VOLUNTEER FIRE COMPANY AND
CITY OF VIRGINIA BEACH RESCUE SQUAD, INC
City Manager/Authorized Designee By:
Title: Date
ATTEST:
City Clerk
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Virginia Beach EMS Chief City Attorney's Office
APPROVED AS TO RISK MANAGEMENT:
Virginia Beach Risk Management
2
PROMISSORY NOTE
$155,000 Virginia Beach, Virginia
October, 3 2017
FOR VALUE RECEIVED, Plaza Volunteer Fire Company and Rescue Squad, Inc. ("Maker")
promises to pay, without offset,to the order of the City of Virginia Beach, ("Noteholder") at Municipal
Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal
sum of ONE HUNDRED FIFTY FIVE THOUSAND DOLLARS ($155,000) together with interest
thereon.
From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO
Percent (0%)per annum.
Payment on principal shall be as follows:
On or before October 31, 2018 - $31,000
On or before October 31,2019 - $31,000
On or before October 31,2020- $31,000
On or before October 31, 2021 - $31,000
On or before October 31, 2022 - $31,000
This note may be prepaid in whole or in part without penalty. Any such prepayments shall be
applied to principal.
If the Noteholder has not received the full amount of the annual payment by the end of 15
calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of
the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly
but only once on each late payment.
If Maker does not pay the full amount of each annual payment on the date it is due, Maker will
be in default, and the entire principal amount hereof, together with all accrued interest and late charges,
shall become immediately due and payable at the option of the Noteholder. Failure to exercise this
option upon any default shall not constitute or be construed as a waiver of the right to exercise such
option subsequently.
Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on
the ground of any extension or extensions of the time for payment or of the due dates of this note, the
release of any parties who are or may become liable heron, in whole or in part, before or after maturity,
with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers,
sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they
will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this
obligation or any part hereof is not paid when due.
WITNESS the following signature(s).
Plaza Volunteer Fire Company and Rescue Squad, Inc.
(SEAL)
Title: Date:
DISCLOSURE STATEMENT FORM
• •
The completion and submission of this form is required for all applications
wherein such applicant may utilize certain service providers or financial
institutions, and the City seeks to know of the existence of such
relationships in advance of any vote upon such application.
SECTION 1 / APPLICANT DISCLOSURE
Organization name: Plaza Volunteer Rescue Squad
SECTION 2. SERVICES DISCLOSURE
Are any of the following services being provided in connection with the applicant? If
the answer to any item is YES, please identify the firm or individual providing the
service:
YES NO SERVICE PROVIDER (use additional sheets
if needed)
✓❑ ❑ Accounting and/or preparer of White, Anderson & Associates
your tax return PC
Financial Services (include Beach Municipal Federal
✓❑ ❑ lending/banking institutions and Credit Union
current mortgage holders as
applicable)
Shuttleworth, Ruloff, Swain,
a ❑ Legal Services Haddad & Morecock, P.0
N/A
❑ Broker/Contractor/Engineer/Other
Service Providers
CERTIFICATION:
I certify that all of the information contained in this Disclosure Statement Form is
complete, true, and accurate.
I understand I am responsible for updating the information provided herein if it
changes prior to the Council action upon this Application.
---� Christopher Florio, President 08/23/17
APPLICANT'S SIGNATURE PRINT NAME DATE
�vofuyr Plaza Volunteer Rescue Squad
_ . It, Post Office Box 2128
Virginia Beach,Virginia 23450
* Station:(757)385-2864 I Emergency:911
t Ate t& www.helpplaza.org
Serving the Community Since 1962
Chief Pd Brazle August 15th
Virginia Beach Department of EMS 2017
477 Viking Drive,Suite 130
Virginia Beach,VA 23452
Dear Chief Brazle,
I am writing on behalf of the Plaza Volunteer Rescue Squad to request a zero interest loan from the City of
Virginia Beach. The loan will be used for the purchase of a new ambulance for our rescue squad. This
ambulance will be a replacement for unit 1622 a 2006 model ambulance with over 235,000 miles still currently
in rotation. We need to replace this ambulance to keep our fleet in serviceable condition and prevent
unnecessary downtime. Our current fleet of five ambulances and is vital to the expansion and staffing of our
squad and excellent service to our citizens.
The total cost of the replacement ambulance is $289,000.00 with an additional $18,000.00 for the required
electronic stretcher. On January 1, 2017 our agency was awarded a Rescue Squad Assistance Fund 50/50 grant
from the Virginia Office of Emergency Medical Services in the amount of$144,500.00 to apply to the purchase
of the replacement ambulance. Plaza would like to request a loan for $155,000.00 for the ambulance and
required electronic stretcher to help make up the remainder. Plaza would like to repay this loan in five annual
installments of$31,000.00.
Plaza currently does not have any outstanding loans at this time. The squad is very appreciative of the
opportunities for zero interest loans afforded by the City of Virginia Beach. Future requests for continued
replacements and modernization of the fleet should be expected with the assistance of City Automotive
Services.
Thank you for your consideration of our request and sponsoring it for action by the Virginia Beach City
Council. Ifyou need any further information or have any questions please let us know.
Sincerely,
Christopher Florio, President
Plaza Volunteer Rescue Squad
Virginia Beach, VA
82
Item-VII-JLSd
ORDINANCES/RESOLUTIONS
ITEM#67474
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT,APPROPRIATE or TRANSFER:
d. $ 82,000 to provide an interest free loan to Kempsville Rescue Squad,
Inc. re purchase of a new ambulance
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
October 3, 2017
1 AN ORDINANCE TO APPROPRIATE FUNDS AND TO
2 PROVIDE AN INTEREST-FREE LOAN TO THE KEMPSVILLE
3 VOLUNTEER RESCUE SQUAD, INC. FOR THE PURCHASE
4 OFA NEW AMBULANCE
5
6 WHEREAS,the Kempsville Volunteer Rescue Squad has requested an interest free
7 loan of$82,000 to purchase a replacement ambulance with required equipment.
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11
12 1. That $82,000 is hereby appropriated from the fund balance of the General
13 Fund for an interest-free loan to the Kempsville Volunteer Rescue Squad for
14 the purchase of a replacement ambulance; and
15
16 2. That this loan is to be repaid by Kempsville Volunteer Rescue Squad over
17 five (5) years, pursuant to the terms of the attached agreement and
18 promissory note.
Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of
October 2017.
Requires an affirmative vote by a majority of all of the members of the City Council.
APPROVED AS TO CONTENT: APPROVED ASTTOO LEGAL SUFFICIENCY:
David Bradley Daae.: m er
Budget and Management Services City Attorney's Office
CA14150
R-1
September 20, 2017
Agreement between the City of Virginia Beach and
the Kempsville Rescue Squad Inc.
THIS AGREEMENT is made and entered into this day of , 2017, by and
between the CITY OF VIRGINIA BEACH,VIRGINIA("CITY")and the Kempsville Rescue Squad Inc.,
a Virginia nonstock corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of
Virginia §§ 27-15.2 and 27-23.6.
WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical
services within the City of Virginia Beach; and
WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified
volunteer personnel and equipment to provide emergency medical services,and
WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in
Virginia Beach provided by the RESCUE SQUAD; and
WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to
enter into this agreement to render support and services to one another in accordance with these terms.
WITNESSETH
For and in consideration of the mutual promises and covenants set forth herein, and for other
valuable consideration related to the acquisition of a vehicle, the parties enter into the following
agreement as defined below:
RESPONSIBILITIES OF THE CITY
A. Provide a no interest loan for the purchase of the vehicle.
B. Provide standardized equipment required for operations within the City including,but not
limited to mobile communications devices,pagers, and map books.
C. Provide or pay for insurance covering emergency service and support vehicles owned by
the RESCUE SQUAD.
D. Provide fuel for the vehicle.
E. Provide all vehicle maintenance and inspection services, including payment of the annual
maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long
as the vehicle remains a CITY-insured vehicle. The Division of Automotive Services shall maintain
maintenance records and allow the RESCUE SQUAD's officers access to those records.
RESPONSIBILITIES OF THE RESCUE SQUAD
A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory
Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount
should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30
days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six
months upon a written determination that the extension is the result of extenuating circumstances. No
more than one extension shall be granted without authorization from the City Council.
B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the
CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless
1
prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-owned
equipment.
C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE
SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all
maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain
the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures.
The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops
that are acceptable to the EMS Chief.
DEFAULT AND MODIFICATION
A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole
discretion agree to a modification of this agreement, in accordance with the modification procedure set
forth in the next subsection. If the parties do not agree in writing to a modification of this agreement,
then,upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide
a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle
and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the
fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY
and the RESCUE SQUAD to determine the vehicle's fair market value.
B. This agreement may be reviewed at any time upon the direction of the City Manager.
Each party must agree in writing to any subsequent modifications.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first
above written.
KEMPSVILLE
CITY OF VIRGINIA BEACH RESCUE SQUAD INC.
City Manager/Authorized Designee By:
Title: Date
ATTEST:
City Clerk
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Virginia Beach EMS Chief City Attorney's Office
APPROVED AS TO RISK MANAGEMENT:
Virginia Beach Risk Management
2
PROMISSORY NOTE
$82,000 Virginia Beach, Virginia
October, 2017
FOR VALUE RECEIVED, Kempsville Rescue Squad, Inc. ("Maker) promises to pay, without
offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach,
VA, or such other place as Noteholder may designate in writing, the principal sum of EIGHTY TWO
THOUSAND DOLLARS ($82,000)together with interest thereon.
From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO
Percent (0%)per annum.
Payment on principal shall be as follows:
On or before October 31, 2018 - $16,400
On or before October 31, 2019 - $16,400
On or before October 31, 2020 - $16,400
On or before October 31, 2021 - $16,400
On or before October 31, 2022-$16,400
This note may be prepaid in whole or in part without penalty. Any such prepayments shall be
applied to principal.
If the Noteholder has not received the full amount of the annual payment by the end of 15
calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of
the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly
but only once on each late payment.
If Maker does not pay the full amount of each annual payment on the date it is due, Maker will
be in default, and the entire principal amount hereof, together with all accrued interest and late charges,
shall become immediately due and payable at the option of the Noteholder. Failure to exercise this
option upon any default shall not constitute or be construed as a waiver of the right to exercise such
option subsequently.
Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on
the ground of any extension or extensions of the time for payment or of the due dates of this note, the
release of any parties who are or may become liable heron, in whole or in part, before or after maturity,
with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers,
sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they
will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this
obligation or any part hereof is not paid when due.
WITNESS the following signature(s).
Kempsville Rescue Squad Inc.
(SEAL)
Title: Date:
DISCLOSURE STATEMENT FORM
The completion and submission of this form is required for all applications
wherein such applicant may utilize certain service providers or financial
institutions, and the City seeks to know of the existence of such
relationships in advance of any vote upon such application.
SECTION 1 / APPLICANT DISCLOSURE
Organization name: /N.:- •ii ti! / _CVO 41147)
SECTION 2. SERVICES DISCLOSURE
Are any of the following services being provided in connection with the applicant? If
the answer to any item is YES, please identify the firm or individual providing the
service:
YES NO SERVICE - PROVIDER Iuseadddawl sheets
If needed)
al ❑ Accounting and/or preparer of C07,3/Ai db
yourtaxmtum rtLs/ii YTI/-L L,4 -,
Financial Services(Includep
❑ lading/banking institutions and T /UGgowg.
applicable)current holders az ,AA g 140 VA
❑ pia
Legal Services
❑ Broker/Contractor/Engineer/Other
Service Providers
i'1, the, ail of di. act., ,nail a t l
minplete, true, and accurate.
II understand I am responsible lor auccotat _... if it
changes prior to the Couocll actior. upon. C: .pI ,c.
/7-69,44 . C;1r,e5 £reu.'er .7 .47
Paw 1
S SIGNATURE PRNAME /ATE —.
KEMPSVILLE RESCUE SQUAD INC.
P.O BOX 62345 * VIRGINIA BEACH, VA 23466
757-340-KYRS * www.kvrs.org
July 20,2017
Chief Ed Brazle
Virginia Beach Department of EMS
477 Viking Drive, Suite 130
Virginia Beach, VA 23452
Dear Chief Brazle,
I'm writing on behalf of the Kempsville Volunteer Rescue Squad to request a No-Interest Loan
from the City of Virginia Beach.The loan will be used for the purchase of a new ambulance for
our squad. This new ambulance will be a replacement for Unit 923 which is a 2010 model
ambulance with approximately 190 thousand miles. We need to replace this ambulance to keep
our fleet in serviceable condition and prevent unnecessary downtime. We hope to have the new
unit in service by mid-summer.
The total cost of the new ambulance is$162,583.00 and we would like to request a loan for
Eighty Two Thousand dollars,which we would like to repay in five annual installments.
Currently,Kempsville Volunteer Rescue Squad has three loans with the city:
• Loan# I (Unit 920)has an annual payment of$16,000.00 due August 30 each year
through 2017 with 1 payment remaining.
• Loan#2(Unit 924)has an annual payment of$15,200.00 due August 30 each year
through 2020 with 4 payments remaining.
• Loan#3 (Unit 925)has an annual payment of$32,600.00 due August 30 each year
through 2021 with 5 payments remaining.
If you need any further information please let me know. Thank you for your consideration of our
request.
Sincerely, 2J
lama
Byzetow
James Brewer, Ambulance Coordinator
83
Item-VII-H Se(l)
ORDINANCES/RESOLUTIONS
ITEM#67475
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT,APPROPRIATE or TRANSFER:
e. Virginia Task Force 2 Urban Search and Rescue Team:
(1) $1,501,013 from Federal Emergency Management Agency re
continued operation
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
October 3, 2017
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FROM THE FEDERAL EMERGENCY
3 MANAGEMENT AGENCY FOR THE CONTINUED
4 OPERATION OF THE VIRGINIA TASK FORCE 2
5 URBAN SEARCH AND RESCUE TEAM
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA, THAT:
9
10 1) $1,501,013 is hereby accepted from the Federal Emergency Management
11 Agency and appropriated, with federal revenue increased accordingly, to the
12 FY 2017-18 Operating Budget of the Fire Department for the FY 2017-18
13 Cooperative Agreement Grant that continues operation of the Virginia Task
14 Force 2 Urban Search and Rescue Team; and
15
16 2) 2.25 positions or FTEs, including one full-time position (Administrative
17 Technician) and two part-time positions (Training Manager and Logistics
18 Manager totaling 1.25 FTEs), are approved and maintained in the FY 2017-
19 18 Operating Budget of the Fire Department, provided such positions are
20 conditioned upon continued grant funding.
Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day
of October , 2017.
Requires an affirmative vote by a majority of all of the members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
� /A -
David Bradley Danaer .� • %er
Budget and Management Services i Attorney's Office
CA14158
R-1
September 21, 2017
84
Item -VII-11.Se(2)
ORDINANCES/RESOLUTIONS
ITEM#67476
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT,APPROPRIATE or TRANSFER:
e. Virginia Task Force 2 Urban Search and Rescue Team:
(2) $1.4 Million from Federal Emergency Management Agency re
mobilization to support Hurricane Irma operations
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
October 3, 2017
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $1.4 MILLION RELATED TO THE MOBILIZATION OF
3 THE VIRGINIA TASK FORCE 2 FEMA URBAN
4 SEARCH AND RESCUE TEAM FOR HURRICANE
5 IRMA
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That $1,400,000 from the Federal Emergency Management Administration is
11 hereby accepted and appropriated, with federal revenue increased accordingly, to the FY
12 2017-18 Operating Budget of the Fire Department for costs associated with the Hurricane
13 Irma mobilization of the Virginia Task Force 2 Urban Search and Rescue Team.
Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day
of October 2017.
Requires an affirmative vote by a majority of all of the members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
i7
ijh^ J
David Bradley !. a arm-yer
Budget and Management Services City Attorney's Office
CA14154
R-1
September 20, 2017
85
Item -VII-H.Se(3)
ORDINANCES/RESOLUTIONS
ITEM#67477
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT,APPROPRIATE or TRANSFER:
e. Virginia Task Force 2 Urban Search and Rescue Team:
(3) $ 400,000 from Federal Emergency Management Agency re
mobilization to support Hurricane Harvey operations
Voting: 11-0
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, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
October 3, 2017
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $400,000 RELATED TO THE MOBILIZATION OF THE
3 VIRGINIA TASK FORCE 2 FEMA URBAN SEARCH
4 AND RESCUE TEAM FOR HURRICANE HARVEY
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 That$400,000 from the Federal Emergency Management Administration is hereby
10 accepted and appropriated, with federal revenue increased accordingly, to the FY 2017-
11 18 Operating Budget of the Fire Department for costs associated with the Hurricane
12 Harvey mobilization of the Virginia Task Force 2 Urban Search and Rescue Team.
Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day
of October , 2017.
Requires an affirmative vote by a majority of all of the members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
CUm .C' I aC1.) /L
David Bradley Da 'Crm: er
Budget and Management Services ity ttorney's Office
CA14155
R-1
September 20, 2017
86
Item -VII-H.Sf
ORDINANCES/RESOLUTIONS
ITEM#67478
The following individuals registered to speak:
Timothy Welsh, 1741 Grey Friers Chase, spoke in OPPOSITION.
Harold Harper, 3721 Table Rock Lane, Phone: 286-7343, spoke in OPPOSITION
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED,
Ordinances to ACCEPT,APPROPRIATE or TRANSFER:
f $900,605 from the Fund Balance of the General Fund to the Fire
Department at the Fart Story Fire Station
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
October 3, 2017
1 AN ORDINANCE TO APPROPRIATE $900,605 FROM
2 THE FUND BALANCE OF THE GENERAL FUND TO
3 THE OPERATING BUDGET OF THE FIRE
4 DEPARTMENT AND TO INCREASE FULL-TIME
5 POSITIONS IN THE FIRE DEPARTMENT FOR THE
6 FORT STORY FIRE STATION
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
11 1) That $900,605 is hereby appropriated from the fund balance of the General
12 Fund to the FY 2017-18 Operating Budget of the Fire Department to staff and
13 equip the Fort Story Fire Station.
14
15 2) That 15 additional full-time-equivalent positions are hereby established in the
16 FY 2017-18 Operating Budget of the Fire Department to staff the Fort Story
17 Fire Station.
Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day
of October 2017.
Requires an affirmative vote by a majority of all of the members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
•
• �
Kevin Chatellier _park12rm y
Budget and Management Services City Attorney's Office
CA14161
R-3
September 27,2017
4 !p
• s City of Virginia Beach
OF 00A NATO
VRgomcom
JOHN MOSS PHONE: (757) 363.7745
COUNCILMAN-AT-LARGE MOSSIOHN®CO%NET
In Reply Refer to 0061515
October 3, 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:
In my fourteen years of service to the public on the City Council, I have rarely
abstained. It is my position that state law sets the lowest standard of acceptable conflicts
of interests. Unlike the Commonwealth of Virginia's much lower standard of conflict of
interests, the Federal standard is one of avoiding even the appearance of a conflict.
Tonight's agenda includes an ordinance to appropriate $900,605 from the fund
balance of the general fund to the operating budget of the Fire Department and to increase
full-time positions in the Fire Department for the Fort Story Fire Station. The Fire
Department is in talks with the Joint Expeditionary Base Little Creek Fort Story regarding
a proposal to share the Fort Story Fire Station, and this ordinance appropriates funds and
authorizes the establishment of fifteen new firefighter recruit positions for the proposed
shared use of the fire station.
The United States Department of Defense is the executive branch department of the
federal government that is charged with coordinating and supervising all agencies and
functions of the government concerned directly with national security and the United States
Aimed Forces, including joint expeditionary bases such as Little Creek Fort Story. As an
employee of the Department of Defense, I have concluded that my participation in the City
Councils discussion and vote on this ordinance would result in the appearance of a conflict
of interest under the"appearance of a conflict of interest standard." Therefore,my decision
is to abstain from the agenda item referenced in this letter for the aforementioned reason.
4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455
Mrs. Ruth Hodges Fraser 2 October 3, 2017
Re: Abstention Pursuant to Conflict of Interests Act§ 2.2-3705(F)
My bias is to vote, and I am not one to avoid controversy. My duty to preserve the
public's trust that I will uphold the highest ethical standards takes precedence. It is to the
latter and higher duty that my vote of abstention upholds.
Thank you for your assistance and cooperation in this matter.
Sincerel
I J1",
John . Moss
Councilmember
JDM/RRI
87
Item—VII-1
PLANNING ITEM#67479
1. THE ENCLAVE AT PA BC,LLC CONDITIONAL CHANGE OF
ZONING and MODIFICATION OF
PROFFERS
2. GRACE BIBLE CHURCH OF a. CONDITIONAL CHANGE OF
VIRGINIA BEACH, INC. ZONING and
b. CONDITIONAL USE PERMIT
ITEM#1 a/b HILL BE CONSIDERED SEPARATELY
ITEM#2a WILL BE CONSIDERED FOR WITHDRAWAL
ITEM#2b WILL BE DEFERRED TO NOVEMBER 7, 2017
October 3, 2017
88
Item-VII-I
PLANNING ITEM#67480
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT: Items 2a(WITHDRA WAL)/b(DEFERRED TO NOVEMBER 7, 2017) 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
October 3, 2017
89
Item -VH-Lla/b
PLANNING ITEM#67481
Upon motion by Councilman Davenport, seconded by Councilman Wood, APPROVED, and
CONDITIONED,AS MODIFIED: Ordinance upon application of THE ENCLAVE AT PA BC, LLC,
DISTRICT 7—PRINCESS ANNE:
a. ANTHONY B. HUFFMAN, JR. for a Conditional Change of
Zoning from AG-1 and AG-2Agricultural to PD-H2 Planned
Unit Development (R-7.5 Residential) to establish Phase 2 at
2754, 2804 and 2808 North Landing Road
h. THE ENCLAVE AT PRINCESS ANNE HOMEOWNERS'
ASSOCIATION, INC., Modification of Proffers to account for
the addition of Phase 2 at the North side of North Landing Road,
West of West Neck Road(Approved November 22, 2011)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of THE ENCLAVE AT PA BC, LLC,DISTRICT 7
—PRINCESS ANNE:
a. ANTHONY B. HUFFMAN, JR. for a Conditional Change of
Zoning from AG-I and AG-2Agricultural to PD-H2 Planned
Unit Development (R-7.5 Residential) to establish Phase 2 at
2754, 2804 and 2808 North Landing Road
b. THE ENCLAVE AT PRINCESS ANNE HOMEOWNERS'
ASSOCIATION, INC., Modification of Proffers to account for
the addition of Phase 2 at the North side of North Landing Road,
West of West Neck Road(Approved November 22, 2011)
The following conditions shall be required:
An agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court
This Ordinance shall be effective in accordance with Section 107()of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, Third day of October, Two Thousand
Seventeen.
Voting: 9-2
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Shannon
DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E.
Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Barbara M. Henley
Vice Mayor Louis R. Jones
Council Members Absent:
None
October 3, 2017
ANTHONY B. HUFFMAN,JR.
ENCLAVE AT PA BC, LLC, a Virginia limited liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 29th day of July, 2016, by and between ANTHONY B.
IIUFFMAN, JR., party of the first part, Grantor; ENCLAVE AT PA BC, LLC, a Virginia limited
liability company, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee.
WITNESSETH:
WHEREAS, the party of the first part is the owner of that certain portion of a parcel of
property located in the Princess Anne District of the City of Virginia Beach, containing
approximately 1.20 acres which is designated Parcel 1 and more particularly described in Exhibit
"A"attached hereto and incorporated herein by this reference; and
WHEREAS,the party of the second part as contract purchaser of the Parcel 1,and as the
owner of two (2)parcels of property located in the Princess Anne District of the City of Virginia
Beach,containing approximately 4.16 acres which are designated Parcel 2 and Parcel 3 and more
particularly described in Exhibit"A", 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 these three(3)parcels (hereinafter the"Property") from AG-1 and AG-
2 Agricultural Districts to Conditional PDH-2 Planned Unit Development District with an
underlying R-7.5 Zoning District; and
GPIN: 1494-40-8502 (Part of)
1494-40-7232
1494-40-9163
Prepared By:
R.Edward Bourdon,Jr.,Esquire
VSB#22r6o
Sykes,Bourdon,Ahern&Levy,P.C.
281 Independence Boulevard
Pembroke One,Fifth Floor
Virginia Beach,Virginia 23462
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes through zoning and other land development legislation; and
WHEREAS,the Grantors acknowledge that 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 Grantors' rezoning application gives rise; and
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior
to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning
Map, in addition to the regulations provided for the PDH-2 (R-7.5) 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 Grantors, for themselves, their successors, personal
representatives, assigns, grantee, 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 IIv° 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 this declaration shall constitute covenants running with the
Property, which shall be binding upon the Property and upon all parties and persons claiming
under or through the Grantors, their successors, personal representatives,assigns,grantee, and
other successors in interest or title:
1. When the Property is developed, it shall be as Phase II of an existing residential
community with no more than 17 single family residential lots, connected walking trails,within
and between Open Spaces and an added Tot Lot within Open Space 2 (Phase 1)substantially in
accordance with the "MODIFIED CONCEPTUAL SITE LAYOUT PLAN OF ENCLAVE @
PRINCESS ANNE TO INCLUDE PHASE II VIRGINIA BEACH, VA", dated 07/25/16 - R,
prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on
file with the Virginia Beach Department of Planning(the"Concept Plan For Phase II").
2
2. If, as a result of the review of the Subdivision Construction Plan for Phase II by
the Grantee, the Grantee concludes modifications are necessary to the existing stormwater
management facilities installed with Phase I,the Grantor shall modify those facilities during the
development of Phase II.
3. When the Property is developed, vehicular Ingress and Egress to the Property
shall be limited to the access depicted on the Concept Plan For Phase II.
4. The total number of residential lots permitted to be subdivided on the Property
shall be no more than 17. Each home shall contain a minimum of 1800 square feet of living area,
and a one(1) car garage.
5. When the Property is developed, the architectural design of the new residential
homes to be constructed on Lots 1 through 17, Phase II as depicted on the "Concept Plan For
Phase II" will be substantially as depicted on the exhibits entitled, "BISHARD HOMES SF-32
ELEVATION STANDARD & SF-32 ELEVATION UPGRADE", dated 5/19/2015; "BISHARD
HOMES SF-33 ELEVATION STANDARD&SF-33 ELEVATION UPGRADE",dated 5/12/2015;
"BISHARD HOMES SF-34 ELEVATION STANDARD", dated 11/5/2015; `BISHARD HOMES
SF-35 ELEVATION STANDARD", dated 9/24/2015; "SF-41 Bishard Homes, A ELEVATION",
dated 6/15/2016; and "SF-42 Bishard Homes, A ELEVATION", dated 5/16/2016; "SF-49
BISHARD HOMES, ELEVATION"dated 12/21/2016„ prepared by J. Bengston, Land Planning
Solutions,and elevations designated"SINGLE FAMILY 6 A-6,A-7 and A-8", dated 12/29/2012,
prepared by Linda R. Sullivan, Progressive Designs, which have been exhibited to the Virginia
Beach City Council and are on file with the Virginia Beach Department of Planning
("Elevations"). The exterior building materials on the new residential homes shall be limited to
brick, stone, fiber cement siding,hardiplank,cedar shake, faux shake of earth tone colors.
6. The dimensional requirements applicable to the single family lots numbered 1
though 17, Phase II on the Concept Plan For Phase II shall be as follows:
• Minimum front yard setbacks zo feet
• Minimum side yard setback 7 feet
• Minimum side yard setback adjacent
to a Street 15 feet
• Minimum rear yard setback
Lots numbered 1 through 4, 10 and a(Phase II) 20 feet
Lots numbered 5 through 9 and
12 through 17(Phase II) 10 feet
3
• Minimum lot size 5,000 square feet
• Maximum lot coverage 39 percent
7. When the Property is developed,the proposed"Tot Lot"depicted within Existing
Open Space 2 shall include age appropriate playground equipment for youth under the age of
ten (to) years old costing not less than Five Thousand Dollars ($5,000.00), which shall be
reviewed and approved by the Director of the Department of Planning or his designee during
Subdivision Review.
S. When the Property is developed the areas depicted on the Concept Plan For Phase
II which will not be residential lots are open spaces which shall be utilized as such and the
Grantor shall record a Declaration submitting the Residential Property to the existing
mandatory membership Enclave at Princess Anne Homeowners'Association which Association
shall also be conveyed title to the Proposed Addition To Open Space 2 (0.09 AC). The
Association shall be responsible for maintaining all open spaces,entrance features,landscaping,
trails and other improvements on the Property as depicted on the Concept Plan For Phase II.
9. When the Property is developed,the party of the second part shall construct and
install an approximately 1,000 linear foot section of multi-purpose trail within the southernmost
portion of the Nimmo Parkway right of way to extend said trail from its terminus at the entrance
to the future Veterans Care Center west to the future intersection of Nimmo Parkway and ROD
POCCESCHI WAY which extension shall conned with the cul-de-sac at the current terminus of
ROD POCCESCHI WAY. This obligation of the party of the second part, is expressly subject to
the Grantee providing the Grantor its approved design specifications and all necessary permit
approvals for the construction and installation of the section of multi-purpose trail within the
Grantee's Nimmo Parkway right of way,by not later than August 31, 2018.
10. 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 Grantors and allowed and accepted
by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force
and effect until a subsequent amendment changes the zoning of the Property and specifically
repeals such conditions. Such conditions shall continue despite a subsequent amendment to the
Zoning Ordinance even if the subsequent amendment is part of a comprehensive
4
implementation of a new or substantially revised Zoning Ordinance until specifically repealed.
The conditions, however, may be repealed, amended, or varied by written instrument recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and executed by
the record owner of the Property at the time of recordation of such instrument, provided that
said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the
Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said instrument
shall be void.
The Grantors covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach,Virginia, shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions and restrictions, including the
authority (a) to order, in writing, that any noncompliance with such conditions be remedied;
and (b) to bring legal action or suit to insure compliance with such conditions, including
mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or
proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny
the issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these
provisions, the Grantors shall petition the governing body for the review thereof prior to
instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property, and the ordinances and the conditions may
be made readily available and accessible for public inspection in the office of the Zoning
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
Grantors and the Grantee.
5
WITNESS the following signature and seal:
Grantor:
C\ 2 t3 d.c (SEAL)
phony B. an, r.
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH,to-wit: ''77
The foregoing instrument was acknowledge before me this Li day of August, 2016,
by Anthony B. Huffman,Jr.,Grantor.
�/� Notary Public
-7/.
My Commission Expires: /-� /r
62(
Notary Registration Number: "'lll--- /
OFFICIAL SEAL
�` HARRY R.Pt1 Y.
�,r coMMONWEALTMOF'Y�AUR7N
IDR711868
6
WITNESS the following signature and seal:
Grantor:
Enclave at PA BC, LLC, a Virginia limited liability
company
By! Bishard Development Corporation,
a Virginia corporation,its Manager
By: .4SS / ' I ...._IF (SEAL)
(I o, , Bishard,Vice President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH,to-wit:
The foregoing instrument was acknowledged before me this id day of August,2016,by
John Bishard, Vice President of Bishard Development Corporation, a Virginia corporation,
Manager of the Enclave at PA BC,LLC,a Virginia limited liability company,Grantor.
Notary Public
MyCommission Expires: Qat .rss1r 51 7-Wi
Notary Registration Number: •, 35-
MELONIE MCNUON
Notary Public
Commomr•cNN of VIrpb0a
256255
My Commission Expires Aug 3I.2017
7
EXHIBIT"A"
LEGAL DESCRIPTIONS
PARCEL 1 PART OF GPIN:"1494-4o-85o2
ALL THAT certain piece or parcel of land containing 1.2 acres, situate, lying and being in the
City of Virginia Beach, Virginia, and being the eastern 1.2 acre portion of"Lot X", which Lot X
is depicted on the "Subdivision of Property of the Knight Family Revocable Trust" as recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument
Number 20060216000255860. Said parcel being more particularly described as follows:
Beginning at a pin at the northeast corner of Lot X, running South 72°33'59"West along the
northern property line of Lot X, a distance of 375.90 feet to a point; thence South 17° 25' 35"
east, a distance of 135.99 feet to a point on the southern property line of Lot x; thence along the
southern property line of Lot X, North 73° 04' 42" east, 384.88 feet to a point at the
southeastern corner of Lot X; thence along the eastern property line of Lot X, North 21° o6'
14",west a distance of 139.71 feet to the Point of Beginning.
PARCEL 2 GPIN: 1494-40-7232
ALL THAT certain tract, piece or parcel of land, with the improvements thereon, and the
appurtenances thereunto belonging, lying, situate and being in the Princess Anne Borough of
the City of Virginia Beach, Virginia, and situated on the northern side of North Landing Road,
near Princess Anne Courthouse and more particularly bounded and described as follows, to-
wit:
BEGINNING at an old pipe, which pipe is in the northwest corner of the property now or
formerly Cecil P. Land, and said old pipe being North 11 degrees 12' 4"West, 125.25 feet from
an old pin [on]the northern side of the right of way of North Landing Road at the dividing line
between this property and the property of Earnest Styron; thence turning and running along
the rear line of the property now or formerly C.P. Land, North 72 degrees 45' 00" [" symbol is
missing from prior recorded documents] East, 290.20 feet to an old pipe; thence turning and
running North 14 degrees 34'32"West, 166.04'to a pipe; thence turning and running North 14
degrees 45' oo" East, 150.00 feet to an old pipe; thence turning and running North 14 degrees
19' 3o"West, 200.87 feet to an old axle in the centerline of the ditch; thence South 8o degrees
o1' 45" [" symbol missing from prior recorded documents] West, 384.68 feet to a pin; thence
turning and running South o6 degrees 42' 10" East, 421.73 feet to an old pipe, the Point of
Beginning.
TOGETHER WITH an easement and right of way in common with any other that may be
granted by the grantor to the use of a 20 foot strip of land for ingress and egress, and
designated as follows:
BEGINNING at an old pin on the northern side of North Landing Road where the southwest
corner of the property now or formerly C.P. Land intersects the northern side of the said North
Landing Road, and from said Point of Beginning, running a degrees 13'45" West, 125.25 feet
to an old pipe; thence North o6 degrees 42'20"West,421.73 feet to a pin in the centerline of a
8
ditch; thence turning and running South a degrees 13'45" East, to the side of the right of way
of North Landing Road;thence turning in an easterly direction along the north side of the right
of way of North landing Road,to the Point of Beginning.
PARCEL 3 GPIN: 1494-40-9163
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon,
situate, lying and being in the City of Virginia Beach, Virginia, and being more particularly
described as follows:
BEGINNING at an iron bar in the north side of North Landing Road to Princess Anne
Courthouse Road and running thence N. 13 degrees W. 290.4 feet, to a pipe; thence N. 74
degrees 08' E. 150.0 feet to an axel on the line of Willoughby A. Simon's property; thence S. 13
degrees E. 290.4 feet along Simon's line to said North Landing Road; thence S. 74 degrees 05'
W. 150.0 feet to the point of beginning; and containing one(1)acre; as shown on that plat duly
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Map
Book 24,at Page 88.
H:\AM\Conditional Rezoning\Enclave @ Princess Anne\Proffer Agreement.doc
9
FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND
CONDITIONS
THE ENCLAVE AT PRINCESS ANNE HOMEOWNERS' ASSOCIATION, INC., a Virginia
non-stock corporation
ENCLAVE AT PA BC, LLC, a Virginia limited liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia
•
THIS AGREEMENT, made this 28th day of July, 2016, by and between THE
ENCLAVE AT PRINCESS ANNE HOMEOWNERS' ASSOCIATION, INC., a Virginia non-
stock corporation, party of the first part, Grantor; ENCLAVE AT PA BC, LLC, a Virginia
limited liability company, party of the second part, Grantor; and THE CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part,
Grantee.
WITNESSETH:
GPIN: 1494-40-4576 Open Space 1 1494-41-5260 Open Space 3
1494-41-3213 Open Space 2 1494-41-5471 Open Space 5
1494-40-5579 Lot 1 1494-40-6672 Lot 3
1494-40-6621 Lot 2 1494-40-7614 Lot 4
1494-40-8659 Lot 7 1494-40-7666 Lot 5
1494-40-8996 Lot 13 1494-40-8617 Lot 6
1494-41-8070 Lot 14 1494-40-9710 Lot8
1494-41-8044 Lot 15 1494-40-9774 Lot 9
1494-41-8029 Lot 16 1494-40-9861 Lot 10
1494-41-7194 Lot 17 1494-40-9847 Lot 11
1494-41-7178 Lot 18 1494-40-9912 Lot 12
1494-41-7242 Lot 19 1494-41-6334 Lot 22
1494-41-7217 Lot zo 1494-40-7919 Lot 27
1494-41-6370 Lot 21 1494-40-7873 Lot 3o
1494-41-6307 Lot 23 1494-40-7810 Lot 31
1494-41-6122 Lot 24 1494-40-6769 Lot 32
1494-41-6057 Lot 25 1494-40-6717 Lot 33
1494-41-6085 Lot 26 1494-40-5776 Lot 34
1494-40-7934 Lot 28
1494-40-7859 Lot 29
PREPARED BY'.
SyB SYkLS POU/WON' Prepared by:
L AlIt12N&LRT.p.c. R.Edward Bourdon,Jr.,Esquire
VSB#22160
Sykes,Bourdon,Ahern&Ley,P.C.
281 Independence Boulevard
Pembroke One,Fifth Floor
Virginia Beach,Virginia 23462
WHEREAS, the party of the first part is the owner of those two (2) parcels of
property located in the Princess Anne District of the City of Virginia Beach, Virginia,
containing a total of approximately 5.756 acres designated "OPEN SPACE 1" and "OPEN
SPACE 2", as described in Exhibit"A"attached hereto and incorporated herein by reference,
are referred to herein as the"Property"; and
WHEREAS, the party of the first part is a mandatory membership Homeowner's
Association whose members are every owner of property within the initial thirty-four (34)
lot Enclave at Princess Anne Subdivision, which were developed and built by the party of
the second part; and
WHEREAS, the party of the second part is the owner of those eighteen (18)
undeveloped lots within the existing Enclave at Princess Anne Subdivision located in the
Princess Anne District of the City of Virginia Beach, Virginia containing a total of
approximately 2.126 acres, as described in Exhibit "A" attached hereto and incorporated
herein by reference, are referred to herein as the"Property"; and
WHEREAS, the Grantors have initiated a modification to a conditional amendment
to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as
to modify conditions to the Zoning Classification of the Property; and
WHEREAS, the Grantors have requested Grantee to permit this modification of the
previously proffered Covenants, Restrictions and Conditions dated August 30, 2011 as
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as
Instrument Number 20111206001247740 (hereinafter "2011 Proffers"), to reflect
amendments applicable to the land use plan on the Property; and
WHEREAS, it is the intent of the Grantors that the proffered covenants, restrictions
and conditions contained herein shall modify those Proffers numbered "3", "7" and "io" as
contained in the 2011 Proffers; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantors acknowledge that competing and sometimes incompatible
uses conflict and that in order to permit differing uses on and in the area of the Property
and at the same time to recognize the effects of change, and the need for various types of
PREPARED BY'.
`13 SvkEs.BOt'RDON, uses, certain reasonable conditions governing the use of the Property for the protection of
AHERN fl LEVY.11.1 the community that are not generally applicable to land similarly zoned are needed to cope
2
with the situation to which the Grantors' proposed modification of conditions to the zoning
gives rise; and
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed modification to the
existing zoning conditions with respect to the Property, the following reasonable conditions
related to the physical development, operation, and use of the Property to be adopted,
which conditions have a reasonable relation to the proposed modification and the need for
which is generated by the proposed modification.
NOW, THEREFORE, the Grantors, their successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without any
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 two (2) amendments to the Covenants,
Conditions and Restrictions which shall restrict and govern the physical development,
operation, and use of the Property and hereby covenants and agrees that this declaration
shall constitute covenants running with the Property within the Enclave at Princess Anne
Subdivision, which shall be binding upon the Property and upon all parties and persons
who are members of the party of the first part, as well as those claiming under or through
the Grantors, their successors, personal representatives, assigns, grantees, and other
successors in interest or title:
1. Proffer numbered 3 in the 2011 Proffers is hereby deleted and replaced with
the following "NEW PROFFER #3":
3- When Nimmo Parkway is constructed and opened for travel across
the 1.52 acre parcel dedicated to the Grantee for "FUTURE NIMMO
PARKWAY EXPANSION" as depicted on the "MODIFIED CONCEPTUAL
SITE LAYOUT PLAN OF ENCLAVE @ PRINCESS ANNE — PHASE II"dated
July 25, 2016, prepared by MSA, P.C., which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department
of Planning (hereinafter the "Modified Conceptual Plan"), the Subdivision's
access shall be shifted by the Grantee to Nimmo Parkway and the
PREPARED BY'.
=}3 Svtrs, PORDON, approximately 425 linear feet of existing access road from North Landing
IL NItB9&L[An'.P.c Road shall be closed and removed by the Grantee. The closed section of
roadway shall be transferred to the party of the first part and added to the
3
adjacent Modified Open Space 1B which the party of the first part shall be
responsible to maintain.
2. Proffer numbered 7 in the 2011 Proffers is hereby deleted and replaced with
the following"NEW PROFFER#7":
7. The dimensional requirements applicable to the single family lots
numbered t through 34 on the Concept Plan shall be as follows:
• Minimum front yard setback zo feet
• Minimum side yard setback 5 feet
• Minimum rear yard setback
Lots number 1 through 9 20 feet
Lots numbered to through 34 to feet
• Minimum lot size 5,000 square feet
• Maximum lot coverage
Lot 13 47.60 percent
Lot 31 46.52 percent
All Lots, except 13 and 31 43.5o percent
3. Proffer numbered to in the 2011 Proffers is hereby deleted and replaced with
the following"NEW PROFFER lo":
10. The areas depicted and designated "MODIFIED OPEN SPACE 'LA';
MODIFIED OPEN SPACE '116'; EXISTING OPEN SPACE '2', '3'AND '5"' on
the Modified Conceptual Plan are owned and maintained by the Grantors, to
be used by its members consistent with the intent and regulations set forth in
Article 3 of the Grantee's Zoning Ordinance ("Preservation District"). Upon
recordation of a Subdivision Plat for the 5.36 acre 'PHASE TWO" of the
Enclave @ Princess Anne as depicted and described on the Modified
Conceptual Plan, the party of the first part shall convey to the Grantee a
public right of way across that portion of its existing OPEN SPACE 1, to be
improved by the party of the second part and the Grantee shall convey to the
Grantor that area depicted and described as "PROPOSED ADDITION TO
PREPARED
BY OPEN SPACE 2 (0.09 AC)"on the Modified Concept Plan.
S B SVkUS,P01kDON.
I ABFRN n II:VY p _ The above conditions, having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
4
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part
of a comprehensive implementation of a new or substantially revised Zoning Ordinance
until specifically repealed. The conditions, however, may be repealed, amended, or varied
by written instrument recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by the
Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted
by the governing body of the Grantee, after a public hearing before the Grantee which was
advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as
amended. Said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so recorded, said instrument shall be void.
The Grantors covenant and agree that:
(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 and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied; and (b) to bring legal action or suit to insure compliance with such
conditions, including mandatory or prohibitory injunction, abatement, damages, or other
appropriate action, suit,or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantors shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office of
PREPARED BY.
5.R SYKLS.POUT DON, the Zoning Administrator and in the Planning Department, and they shall be recorded in
AL A1I112N&tl•or.P.('. the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in
the names of the Grantors and the Grantee.
5
WITNESS the following signature and seal:
Grantor:
The Enclave at Princess Anne Homeowners'
Association, Inc., a Virgi•is non-stock corporation
By: \ . (SEAL)
Rayne "%sby, P:ident
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH,to-wit:
The foregoing instrument was acknowledged before me this 29th day of July, 2016,
by Wayne Crosby, President of The Enclave at Princess Anne Homeowners' Association,
Inc.,a Virginia non-stock corporation,Grantor.
Notary Public H.
My Commission Expires: August 31, 2018 h!?
Notary Registration Number: 192628 ' _11/4
!-,
nrie
PREPARE0 BY
StiB SYKIS, ROURDON.
AL AIILI N&ILVY.IiI.
6
WITNESS the following signature and seal:
Grantor:
Enclave at PA BC, LLC, a Virginia limited liability
company
By: Bishard Development Corporation,
a Virginia corporation,its Man. •er
f'
/ x 1 i
By: Ir✓ all/t it*° -tr (SEAL)
Steven W.Bishard, ' 4.. dent
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH,to-wit:
The foregoing instrument was acknowledged before me this 24th day of May, 2017,
by Steven W. Bishard, President of Bishard Development Corporation, a Virginia
corporation, Manager of the Enclave at PA BC, LLC, a Virginia limited liability company,
Grantor. Y,�, ot —1,
�
Notary Public
My Commission Expires: nur�ty1
311
Notary Registration Number: A510
MELOME MCHUGH —
NoMry Putk
Commonwealth of Virgifgi
255255
My Commission Expires Aug 31.2017
7
I
EXHIBIT "A"
' OPEN SPACE 1 (GPIN: 1494-40-4576)
ALL THAT certain piece or parcel of land situate, lying and being in the City of Virginia
Beach, Virginia, being designated as "OPEN SPACE 1", as shown on that certain plat
entitled `Subdivision of The Enclave at Princess Anne, Phase 1", said plat being recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument
Number 20150528000486570, to which reference is made for a more particular
description.
OPEN SPACE 2 (GPIN: 1494-41-3213)
ALL THAT certain piece or parcel of land situate, lying and being in the City of Virginia
Beach, Virginia, being designated as "OPEN SPACE 2", as shown on that certain plat
entitled "Subdivision of The Enclave at Princess Anne, Phase 1", said plat being recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument
Number 20150528000486570, to which reference is made for a more particular
description.
' Lots Comprising 2.126 Acres
ALL THOSE certain pieces or parcels of land situate, lying and being in the City of Virginia
Beach, Virginia, being designated as Lots 1, 2, 7, 13, 14, 15, 16, 17, 18, 19, zo, 21, 23, 24, 25,
26, 28 and 29, as shown on that certain plat entitled "SUBDIVISION OF THE ENCLAVE
AT PRINCESS ANNE, PHASE 2 (INSTR. No. 20150528000486570) VIRGINIA BEACH,
VIRGINIA", said plat being recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, as Instrument Number 20160328000252690, to which reference
is made for a more particular description.
Lot i 1494-40-5579 Lot 19 1494-41-7242
Lot 2 1494-4-6621 Lot 20 1494-41-7217
Lot 7 1494-40-8659 Lot 21 1494-41-5370
Lot 13 1494-40-8996 Lot 23 1494-41-6307
Lot 14 1494-41-8070 Lot 24 1494-41-6122
Lot 15 1494-41-8044 Lot 25 1494-41-6057
Lot 16 1494-41-8029 Lot 26 1494-41-6085
Lot 17 1494-41-7194 Lot 28 1494-40-7934
Lot 18 1494-41-7178 Lot 29 1494-70-7859
PREPARED BY. OPEN SPACES 3 &5 (GPIN'S: 1494-41-5260; 1494-41-5471)
li SITES. UOLRDON.
'1'I. ANEI2N n LEVY.RC ALL THAT certain piece or parcel of land situate, lying and being in the City of Virginia
Beach, Virginia, being designated as "OPEN SPACE 3" and "OPEN SPACE 5", as shown on
that certain plat entitled "Subdivision of The Enclave at Princess Anne, Phase 1", said plat
8
being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, as Instrument Number 20150528000486570, to which reference is made for a
more particular description.
ALL THOSE certain pieces or parcels of land situate, lying and being in the City of Virginia
Beach,Virginia, being designated as Lots 3, 4, 5, 6, 8, 9, 10, 11, 12, 22, 27, 30, 31, 32, 33 and
34, as shown on that certain plat entitled "SUBDIVISION OF THE ENCLAVE AT
PRINCESS ANNE, PHASE 2 (INSTR. No. 20150528000486570) VIRGINIA BEACH,
VIRGINIA", said plat being recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, as Instrument Number 20160328000252690, to which reference
is made for a more particular description.
Lot 3 1494-40-6672 Lot 12 1494-40-9912
Lot 4 1494-40-7614 Lot 22 1494-41-6334
Lot5 1494-40-7666 Lot 27 1494-40-7919
Lot 6 1494-40-8617 Lot 30 1494-40-7873
Lot 8 1494-40-9710 Lot 31 1494-40-7810
Lot 9 1494-40-9774 Lot 32 1494-40-6769
Lot 10 1494-40-9861 Lot 33 1494-40-6717
Lot 11 1494-40-9847 Lot 34 1494-40-5776
IL,AAM\Mod of Proffers\Enclave @ Princess Anne HOA V1st Arnendmentn to Proffers_clean 6-20-17.doc
PREPARED BY
alE SYkES. DOURDON.
IOU AIIERN&LEVY.P.C.
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WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER
MAYOR BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH.VA 234569000
175713854561
In Reply Refer to 0061513 FAX 1rs®085.5699
s
scams g
October 3, 2017
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Explanation of Prior Abstention
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 Enclave at PA BC, LLC, Enclave at Princess Anne HOA, Inc.,
and Anthony Huffman,Jr. for a conditional change of zoning and a modification of
proffers for property located on the north side of North Landing Road, 2,700 feet
west of West Neck Road.
2. These two planning items were first considered by City Council on August 15,
2017, at which time the City Council deferred consideration of the applications
indefinitely. I abstained from that vote because I have a personal interest in
TowneBank, and I had been advised that the applicant had identified TowneBank
as a financial services provider.
3. Legal counsel for the applicant has now assured the City that TowneBank has no
involvement in these two items. Accordingly, I do not have a personal interest in
this transaction, and the City Attorney has advised me that the Conflict of Interests
Act provides that I may participate in the City Council's consideration of these
items without restriction.
Mrs. Ruth Hodges Fraser -2- October 3, 2017
Re: Explanation of Prior Abstention
Please record this declaration in the official records of City Council. Thank you for your
assistance.
SSiiincce]{reeellyy,,
illiam D. S ssoms
Mayor
WDS/RRI
90
Item—VII-L2a
PLANNING ITEM#67482
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ALLOWED
WITHDRAWAL, BY CONSENT: Ordinance upon application of GRACE BIBLE CHURCH OF
VIRGINIA BEACH, INC. and MARY H. SMITH, TRUSTEE OF THE MARY H. SMITH
REVOCABLE TRUST, DISTRICT 7—PRINCESS ANNE:
a. Conditional Change ofzoningfrom AG-2 Agricultural to Conditional B-2
Community Business APPLICANT REQUESTED WITHDRAWAL
and DEFERRED TO NOVEMBER 7, 2017,BY CONSENT:
b. Conditional Use Permit re a religious use at 2285 London Bridge Road
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
October 3, 2017
91
ITEM VH-.1
APPOINTMENTS ITEM#67483
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
AGRICULTURE ADVISORY COMMITTEE
BEACHES and WATERWAYS ADVISORY COMMISSION
BOARD OF BUILDING CODE APPEALS
GREEN RIBBON COMMITTEE
HOUSING ADVISORY BOARD
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE(MEDAC)
PARKS and RECREATION COMMISSION
PROCESS IMPROVEMENT STEERING COMMITTEE
RESORT ADVISORY COMMISSION
STORMWATER APPEALS BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
October 3, 2017
92
ITEM VH-.1
APPOINTMENTS ITEM#67484
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
MICHAEL W.SCHOOLEY
Two year term 10/03/2017-12/31/2019
BOARD OF BUILDING CODE OF APPEALS
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 E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
October 3, 2017
93
ITEM VIII
APPOINTMENTS ITEM#67485
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
WILLIAM ARNOLD
ROBERT BOURDON
CHRISTY EVERETT
WAYNE McCOY
EMILY STEINHILBER
Three year term 11/01/2017— 10/31/2020
GREEN RIBBON COMMITTEE
Voting: 11-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
October 3, 2017
94
Item—VII-M
ADJOURNMENT ITEM#67486
Mayor William D. Sessoms,Jr., DECLARED the City Council Meeting ADJOURNED at 6:38 P.M.
avtut4 g
Amanda Finley-By-Baa
nes, MMC
Chief Deputy City Clerk
Ruth Hodges Fraser, MMC William D. Sessoms,Jr.
City Clerk Mayor
City of Virginia Beach
Virginia
October 3, 2017
95
OPEN DIALOGUE
Lawrence McCauley, 4201 MacArthur Road, Phone: 471-4952, declined to speak.
Blanche Spilka, 3384 Eagle Nest Point, Phone: 463-4762, expressed concern regarding the Dix Creek
initiative. The first Initiative, "City-led",failed and now a second Initiative will be before City Council
fbr consideration with a "new" map. Essentially, the new map eliminated 43 "No" votes and only 17
"Yes"votes.
Thomas F. Kidkman, 1359 Sinon Drive, 705-6337, expressed appreciation to City Council, on behalf of
the Kempsville Rescue Squad, for assistance in replacing two (2) ambulances lost during Hurricane
Matthew.
ADJOURNED AT 6:44 P.M.
October 3, 2017