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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 5, 2018
Mayor Louis R. Jones called to order the City Manager's Briefings in the City Council Conference
Room, Tuesday,June 5, 2018, at 4:00 P.M.
Council Members Present:
Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara
M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
2
CITY MANAGER'S BRIEFINGS
PRIVATE—PUBLIC EDUCATION and INFRASTRUCTURE(PPEA)
PROCEDURES REVISIONS
ITEM#68158
4:00 P.M.
Mayor Jones welcomed Taylor Adams, Operations Administrator - Finance. Mr. Adams expressed his
appreciation to the Process Improvement Steering Committee and City Council for their continued
support:
PPEA Procedures Update
'Orb',.
Ora twene)e,
.* e5 MIS
The next two (2)slides detail the current procedures for submitting project proposals:
-- - —'`
Current Procedure Information
• Qualifying Projects
• Education and Recreational Facilities
• Buildings or Facilities and their operation
• Public Safety improvements
• Utility infrastructure
• Technology equipment, services, and infrastructure
• Proposals may be solicited or unsolicited
• Proposal evaluation typically involves:
• Qualification and Experience
• Project Characteristics
• Project Financing
• Project Benefit and Compatibility (;nciudesSWaMparticipst,
June 5, 2018
3
CITY MANAGER'S BRIEFINGS
PRIVATE—PUBLIC EDUCATION and INFRASTRUCTURE(PPEA)
PROCEDURES REVISIONS
ITEM#68158
(Continued)
Current Process
• Proposals are either solicited or unsolicited
• City accepts or rejects proposal
• Conceptual proposal are solicited, received & evaluated
• Detailed proposals are solicited. received & evaluated
• Interim Agreement(s) is/are negotiated Of needed)
• Comprehensive Agreement(s) is/are negotiated
• The process normally requires 6 months or more
L
Here are the benefits of updating the procedure:
Why Update the Procedure
• Last year, the Schools adopted a PPEA Procedure, providing an
opportunity to review the City's PPEA Procedure
• City Attorney briefed the Council on June 13,2017 with
suggestions to improve the City's PPEA Procedure
• Room for improvement in the document:
• Separate procedural aspects from descriptive or definitional
• Address readability to make it easier for companies to compete
• Room for improvement in the PPEA process:
• More visibility for important projects,especiallyCitywebsite
• More opportunities for public input
• Reference City Council appointment of liaison for a project
• Focus on where the private sector adds value 3 innovation, risk
shifting
June 5, 2018
4
CITY MANAGER'S BRIEFINGS
PRIVATE—PUBLIC EDUCATION and INFRASTRUCTURE(PPEA)
PROCEDURES REVISIONS
ITEM#68158
(Continued)
•
Below are the Proposed Improvements:
—
Proposed Improvements
• Be consistent with current use
• Easier to navigate (from 22 pages to 7)
• Simplifies submission requirements
• Templates for better organized proposals
• Framework for more consistent proposal submissions=
• Can be evaluated more fairly and efficiently
• Promote transparency and accountability
• More direct reference to the City's Small Business
Enhancement Plan
• Reference timeline in an appendix to assist submitters
and the public
• Aligns the City and Schools' PPEA Procedures
A-
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PPEA Procedures Update :
Questions
AybrA
Dana iivweyer
.tax 5,2018
OPS
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Mayor Jones thanked Mr. Adams for the informative presentation and proposed revisions.
June 5, 2018
5
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT INTERNAL AFFAIRS AUDIT RESULTS
ITEM#68159
4:17P.M.
Mayor Jones welcomed Lyndon Remias, City Auditor. Mr. Remias expressed his appreciation to the City
Council for their continued support:
Audit of Police Internal
Affairs
Presentation to City Council
Tuesday,June 5,2018
Lyndon S.Remias, City Auditor
Below is the Purpose, Scope and Objectives of the audit requested by Chief Cervera:
Purpose, Scope and
Objectives
• This audit was added to our FY18 Audit Plan at the request of the Police
Chief.
I. The objectives were(1)to ensure adequate administrative investigation
policies and procedures are in place to ensure allegations are addressed in
a proper,fair and timely manner and subscribe to industry best practices;
and,(2)to determine whether administrative investigations performed by
the Virginia Beach Police Department(VBPD)complied with established
internal policies and procedures.
• Our audit covered allegations received for the period of January 1,2017
through December 31,2017.
e We did not look at the merits of individual administrative investigations or
their adjudication,but focused on the City's operational policies and
procedures in effect at the time of our audit and multi-year analytics.
June 5, 2018
6
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT INTERNAL AFFAIRS AUDIT RESULTS
ITEM#68159
(Continued)
Below provides the Background of the Office of Internal Affairs:
Background
► The Office of Internal Affairs is responsible for maintaining and,where possible,
increasing the integrity of the VBPD by either monitoring or conducting full,fair,
and objective investigations of all complaints against the department,or
allegations of misconduct on the part of members and employees of the
department.
► Investigations of complaints or allegations of misconduct on the part of
department employees should be thorough,fact-oriented,fair,and objective.
► The responsibility to adjudicate investigated matters lies with the command of
the employee involved and the Chief of Police.
s Administrative investigations are classified in three(3)ways:Citizen Complaints,
Internal Investigations,and Inquiries.
► Internal Affairs is responsible for the review of every Use of Force report for
accuracy,completeness and conformance to law and agency policy.
The Office of Internal Affairs conducts three(3) types of investigations:
Administrative Investigations
Citizen Complaints--Generated when a citizen initiates a complaint that
a Police employee violated a specific departmental or City rule or
policy.
► Internal Investigations--Generated anytime a command initiates an
investigation that a Police employee violated a specific departmental or
City rule or policy.
► Inquiries—Initiated from inside or outside the department and are based
on the need for additional information to determine possible
misconduct.Often,these are initiated by citizens dissatisfied with agency
action but unable to articulate any specific policy or rule violation.
Inquiries are also initiated when an employee reports a minor traffic
infraction(off duty),or when the City is notified of a pending lawsuit
against either an employee or the City as a result of an employee's
actions while performing his/her duties.
June 5, 2018
7
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT INTERNAL AFFAIRS AUDIT RESULTS
ITEM#68159
(Continued)
This chart depicts the type and total number of investigations conducted between 2013 and 2017:
Administrative Investigations
ADMINISTRATIVE INVESTIGATIONS
BY TYPE
Citizen Complaints Internal Investigations 9�Inquiries —Total
300
250
200 • ■
150
100
50 III III di k
2013 2019 2015 2016 2017
The next several slides provide details of the process the audit tested the data maintained within IAPro,
the data collection system:
1 . Testing of Completeness and
Accuracy of Data
The VBPD's administrative investigation system, IAPro,
allows the department to document and track the
status of all types of administrative investigations, Use of
Force reports, and other incident types associated with
possible employee misconduct (i.e., Missed court,
missed training, vehicle accidents, and vehicle pursuits).
June 5, 2018
8
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT INTERNAL AFFAIRS AUDIT RESULTS
ITEM#68159
(Continued)
1 . Testing of Completeness and
Accuracy of Data
We performed analysis and tests designed to determine
the completeness and accuracy of the data maintained
within the IAPro system.
Our analysis included data for 2017 investigations,
inquiries, use of force reports, missed court, missed
training,and vehicle accidents extracted from IAPro.
► We reviewed 2,002 records, representing 1,646 incidents
and/or reports.
1 . Testing of Completeness and
Accuracy of Data
Records by Record Type
Number of Number of
Allegations/ Cases/
Record T • Re.orts Incidents
Citizen Complaint 166 80
Inquiry 95 64
Internal Investigation 88 62
Missed Court 133 131
Missed Training 107 106
Use of Force Report 1,286 1,080
Vehicle Accident 127 123
Total Records 2,002 1,646
June 5, 2018
9
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT INTERNAL AFFAIRS AUDIT RESULTS
ITEM#68159
(Continued)
1 . Testing of Completeness
and Accuracy of Data
► Data Completeness
Case/Incident Information
Number of
Exception Type Exceptions %of Total
squad=Blank 29 1.8%
Due Date(Estimated completion date)date=Blank 20 1.2%
Investigator Assigned=Blank or"Unassigned" 17 1.0%
Date Occurred=Blank 15 0.9%
Command=Blank 13 0.8%
Division=Blank 8 05%
Duplicate Case Numbers 6 0.3%
Unassigned Case Numbers 6 0.3%
Incident summary=Blank 3 0.2%
1 . Testing of Completeness and
Accuracy of Data
Data Completeness
Allegation Information
Open/ Total %of
Exception Type Completed Pending Exceptions Total
Allegation=Blank 4 1 5 0.2%
Completed,Action Taken=Blank 14 N/A 14 0.7%
Completed,Finding=Blank 41 N/A 41 2.0%
Involved Officer=Blank 18 7 25 1.2%
Date Occurred=Blank 23 2 25 1.2%
June 5, 2018
10
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT INTERNAL AFFAIRS AUDIT RESULTS
ITEM#68159
(Continued)
1
1 . Testing of Completeness and
Accuracy of Data
► Data Accuracy and Reasonableness
N '. %of Number of
tion T r Total AU ,tions
Date Received<Date Occurred 5 0.3% 5 _
Finding=Sustained;Action:Blank 5 03°% 5
Incident Type=lnquiry;Allegation not"Inquiry" 2 0.1% 2
finding:Concluded;Incident Type:Citizen Complaint 1 0.1% 1
Here are recommendations to improve quality assurance for data accuracy and completeness of the
IAPro system:
Recommendations
Internal Affairs should incorporate additional quality assurance steps
within its normal processes to ensure data accuracy and
completeness of their Internal Affairs database(IAPro), such as:
► Explore system and field configuration options within IAPro to require
data input and/or tests of data validity.
► Review Blue Team to IAPro field mapping to ensure consistent
placement of data.
► Design and develop exception-based reports and/or queries to
identify potential data omissions and/or entry errors.
► Periodically,select a sample of incidents to compare data entered
in IAPro to incident documentation
June 5, 2018
11
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT INTERNAL AFFAIRS AUDIT RESULTS
ITEM#68159
(Continued)
The inner-circle is the number of investigations and the outer-circle is the number of allegations:
2. Compliance with Policies
and Procedures
In 2017, there were 206 administrative investigations
which addressed 349 allegations of misconduct.
2017 Administrative Investigations by Type
intent'
:..v.ntigation,62, torten compain[,
30% 80,39%
88,25
166,48%
Inquiry.64,31% 11‘11140)
95,27%
•citizen complaint •InOtn y •Internal im'esti8attnn
A random sample of 52 (25%) of administrative investigations were reviewed to ensure adherence to
established guidelines,policies and procedures:
2. Compliance with Policies
and Procedures
Results of Case File Review
Number of %of
Compliance Requirement Exceptions Total
Incident/complaint documented in required format 0 0.0%
Receipt of complaint acknowledged 0 0.0%
Assignment and classification of incident documented 0 0.0%
Administrative notification signed and dated 2 3.7%
Interviews properly documented via_transcript or summary 0 0.0%
Documentation confirming interview_accuracy 6 11.3%
Documentation supporting investigative results _ 0 0.0%
Supervisory approval 0 0.0%
Documentation supporting adjudication provided 0 0.0%
Final disposition documented 0 0.0%
Proper segregation of duties(fact finding,adjudication and recommendation) 0 0.0%
Final notification sent to employee and/or citizen0 0.0%
__
Notification provided re:Internal Review Board eligibility,if applicable_ 0 0.0%
Complete and accurate case information entered in IAPro 0 0.0%
Completed within approved timeline(including approved extensions) 0 0.0%
June 5, 2018
12
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT INTERNAL AFFAIRS AUDIT RESULTS
ITEM#68159
(Continued)
Below are recommendations to improve future investigations:
Recommendations
► To ensure allegations are addressed in a proper,fair and timely
manner, management should:
s Update Administrative Investigation Field Guide to
represent recent changes to processes (i.e., use of certified
mail, etc.), appropriate use of Administrative Notification
(PD-254), and statements of accuracy.
► Develop checklists to guide the different investigation types
and ensure consistency in file and system documentation.
► Encourage use of pre-designed templates for
documentation purposes (i.e., investigative report,interview
transcripts,etc.) by Command-level investigators.
Mr. Remias advised the Police Department is in compliance with policies and procedures and is a leader
in many of the best practices noted below:
3. Review of Internal Affairs `4
Best Practices
Industry best practices for law enforcement
administrative investigations include, but are not
limited to:
► Intake
s Classification
s Investigation
s Mediation
s Adjudication
r Disposition
June 5, 2018
13
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT INTERNAL AFFAIRS AUDIT RESULTS
ITEM#68159
(Continued)
3. Review of Internal Affairs
Best Practices
Internal Affairs complies with related best practices identified by the
Commission on Accreditation for Law Enforcement Agencies(CALEA)
as evidenced by the department's accreditation.
t Additionally,the Virginia Law Enforcement Accreditation Program
identifies best practices related to Internal Affairs.These best practices
are similar to those put forth by CALEA. Internal Affairs meets these as
well.
► A third source,the U.S.Department of Justice,Office of Community
Oriented Policing Services'Standards and Guidelines for Internal Affairs:
Recommendations from a Community of Practice provides guidelines
based on research and direct input from a number of localities.These
guidelines address intake,classification,investigation,mediation,
adjudication and disposition of complaints. The VBPD's policies and
procedures related to internal affairs meet and/or exceed most of
these standards.
3. Review of Internal Affairs
Best Practices
Best Practice:Conflict of Interest
"All reasonable steps should be taken to assure that every investigation is free
from conflict of interest,bias,prejudice,or self-interest.Accordingly,investigations
should,where reasonable and feasible,be conducted by an Internal Affairs unit
that reports directly to the agency head or designated immediate subordinate
deputy or assistant agency head."
r The current structure has the Office of Internal Affairs reporting to the
Police Chief through the Deputy Chief of the Professional Standards
Division.
"Agencies should have a policy to address any instance where Internal Affairs(or
the assigned investigator)confronts a conflict of interest or believes that it cannot
conduct an objective and unbiased investigation."
The VBPD's Administrative Investigations Field Guide does not
specifically address consideration of conflict of interest. During our
file review,we noted discussions related to the possibility of a
perceived conflict of interest in one case. The file was appropriately
assigned to another investigator.
June 5, 2018
14
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT INTERNAL AFFAIRS AUDIT RESULTS
ITEM#68159
(Continued)
3. Review of Internal Affairs
Best Practices
r• Best Practice:Quality and Due Diligence
"Whenever it is necessary to delegate certain investigations to the
field,Internal Affairs should monitor such investigations for quality and
due diligence,and take appropriate action if either is lacking.Internal
Affairs should be empowered to remand investigations to the field for
further work until Internal Affairs has determined that the investigative
quality meets its standards."
► While the Office of Internal Affairs develops the guidance and acts
as the clearinghouse for the documentation and assignment of all
administrative investigations,it does not have the express authority
to"remand investigations to the field for further work."In order to
do so,current procedures require the request go up the Internal
Affairs chain of command and then down the Command's chain.
This is not to say,that issues with investigative quality and/or
consistency,when noted,are not addressed,it just adds time to
the process.
Below are recommendations to improve adherence to best practices:
20
Recommendations
► Management should consider the following in order to further
enhance its adherence to best practices:
► Revisit the oversight structure and authority granted to the
Office of Internal Affairs to ensure its appropriate
independence.
► Include a section related to conflict of interest in the
Administrative Investigation Field Guide.
Include documentation of the consideration of possible
conflicts of interest(i.e.,investigator involved in incident,
investigator has prior adverse dealings with complainant
and/or accused, personal relationships,bias,etc.) in the
investigative file.
Move the link to the Citizen Compliment and Complaint
Process to the Police Department's homepage.
June 5, 2018
15
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT INTERNAL AFFAIRS AUDIT RESULTS
ITEM#68159
(Continued)
Mr. Remias explained the audit concluded that the Police Department's Office of Internal Affairs are in
compliance with established policies and procedures.
•'�;P
Audit Conclusion
1• Based on the results of our review,the citizen complaint and
administrative investigation processes,coordinated by
Internal Affairs, focus on ensuring allegations are addressed in
a proper,fair and timely manner and subscribe to most
recommended best practices. Except as noted,
administrative investigations performed by the VBPD
complied with established internal policies and procedures.
Here is Management's Response to Audit:
Management's Response to
Audit
Excerpt from Response to the Audit of the Office of
Internal Affairs dated May 9, 2018:
"In summary, the audit by the City Auditor's Office was
comprehensive, detailed and offered opportunity for
Department process improvement. While the findings were
considered to be of insignificant risk, there were several areas
identified for process improvement.As a learning
organization, the Department solicited this candid assessment
to help guide our actions with a lens to open and
transparency in our administrative investigative procedures."
F Management has agreed to implement the
recommendations.
June 5, 2018
16
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT INTERNAL AFFAIRS AUDIT RESULTS
ITEM#68159
(Continued)
Mr. Remias expressed appreciation to management and staff of the Police Department,particularly the
Office of Internal Affairs,for their cooperation and responsiveness to requests during the audit:
I h a n k ou for
your attention .
Questions .
VBPD Complaint Process is available online at
https://www.vbgov.com/government/departments/police
All audit reports issued can be viewed at:
www.vbgov.com/cityauditor
Mayor Jones thanked Mr. Remias for the informative presentation.
June 5, 2018
17
CITY MANAGER'S BRIEFINGS
RURAL WATER SUPPLY BURN
ITEM#68160
4:39 P.M.
Mayor Jones welcomed Lyndon Remias, City Auditor. Mr. Remias advised his office conducted an audit
after an allegation the Fire Department conducted a controlled house burn and did not follow the process
to ensure no asbestos materials were present.Mr. Remias provided a copy of the report dated June 1,
2018, which is attached hereto and made apart of this record.
Deputy City Manager Cover advised the Fire Department would never knowingly expose the public or
fire fighters to harm. Mr. Cover expressed his appreciation to the City Auditor's Office, Occupational
Health and Safety Office and Fire Department's Internal Investigators for conducting a comprehensive
review. Mr. Cover turned the presentation over to Chief Hutcheson, Fire Department.
Chief Hutcheson provided the operational benefit of live fire training:
Rural Water Supply Burn
SITE—2004 Princess Anne Road Operational Benefit—Public Perception
• Operational Benefit:Apparatus
Placement,Maintain Water Supply
and Flow with Tankers,Defensive Fire
Attack with appropriate handline
ti r placement and master streams,
Y realistic environment of live fire
conditions
• Public Perception: Did not follow
tot. proper check-off procedures prior to
burn,health risks
June 5, 2018
18
CITY MANAGER'S BRIEFINGS
RURAL WATER SUPPLY BURN
ITEM#68160
(Continued)
Here is a plume model of the wind the day of the burn:
lyes
Wind Direction—SSW it 9mp1,
150 feet fon the Aoese (1
2004 Men:ess Mn.Road
a:Dr:
The City took the most conservative approach and doubled the recommended isolation area. This depicts
150'radius of the burn site:
June 5, 2018
19
CITY MANAGER'S BRIEFINGS
RURAL WATER SUPPLY BURN
ITEM#68160
(Continued)
Chief Hutchinson explained only after testing was a small amount of asbestos located next to the fireplace
as indicated by the red arrow:
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Scott Kalis,Manager—Occupational Safety and Health Services, explained asbestos was only found in a
section of the chimney insulation and cement composite. Mr. Kalis will provide a follow-up report on any
remaining containment requirements.
111
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June 5, 2018
20
CITY MANAGER'S BRIEFINGS
RURAL WATER SUPPLY BURN
ITEM#68160
(Continued)
Chief Hutcheson provided the Procedural Gap:
Procedural Gap
Demolition Burn versus Acquired Structure
• Demolition Burn is in a more rural area allowing for more fire volume
• Acquired Structures are in closer proximity and may not always allow
for live fire training
• Kempsville Recreation Center
• High-rise training at Oceanfront Cavalier
• Misinterpretation of the required paperwork prior to burning based
on type and location of structure
Here are the Corrective Measures:
Corrective Measures
• Mandate in writing requiring two approval signatures consisting of
Battalion Chief of Training and District Chief with oversight before live
burn takes place
• Have training center staff handle paperwork from beginning to end
• Add HR-Safety Manager to Live Burn process
• All VBFD members present at burn have opportunity to fill out an
exposure form
June 5, 2018
21
CITY MANAGER'S BRIEFINGS
RURAL WATER SUPPLY BURN
ITEM#68160
(Continued)
Here is the house used in the controlled burn:
1
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Here are the carcinogens commonly found in fires:
IARC Carcinogens in the Fire
Fi•htin. Environment
Group 1 agents(known to Group 2A agents(probable
cause cancer in humans) human carcinogens)
• Arsenic • Creosote
• Asbestos • Wood combustion
• Benzene products
• Benzo[a]pyrene • Shift work
• 1 3-butadiene
• Formaldehyde
• Dioxin
• Soot
• Diesel engine exhaust
hip//monographs;arc.hrENG'ClassfiranoNindex.op
June 5, 2018
22
CITY MANAGER'S BRIEFINGS
RURAL WATER SUPPLY BURN
ITEM#68160
(Continued)
Here is a picture offire fighters during a previous training evolution:
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...„..„,„ .... . ,..t.,0, „.- L,,, ,, , , , A
f► 9' ;i .._, a , -
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Below are the Past and Current Initiatives to Reduce Carcinogen Exposures:
Past & current Initiatives to reduce
carcinogen exposures
• 2 Hoods
• Personal Wipes
• Gross Decon OnScene
• Bag Gear
• 2nd Set of Gear
• Decon Washers&Dryers
Mayor Jones thanked Mr. Remias, Mr. Cover, Chief Hutcheson and Mr. Kalis for the informative
presentation.
June 5, 2018
• s
s City of Virginia Bealch
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Vu w,vu,
OFFICE OF THE CITY AUDITOR MtRI CPAL CENTER
(757)485-5870 11ULDNG 1,ROOM 344
FAX(757)3555875 2401 COURTHOUSE DRIVE
Try(757)3854305 NRGIM BEACH VA 234564012
June 1, 2018
The Honorable Louis R.Jones, Mayor
Members of City Council
Subject:Fire Department Burn of Dwelling on 2004 Princess Anne Road
Dear Mayor and Council Members:
The following information relates to an investigation that the Office of the City Auditor has
recently completed regarding the Fire Department. Due to the subject matter involved I think it
is very important that I brief you on this very serious matter.
Complaint
On May 10, 2018, the Office of the City Auditor received an email alleging abuse by the Fire
Department Deputy Chief of his city position,equipment,and resources to burn down a structure
belonging to a friend. It is alleged that the Deputy Chief directed the burning of a structure, on
April 15, 2018 located at 2004 Princess Anne Road, knowing that that the house had asbestos
which had not been abated. The allegation stated that the Deputy Chief tried to get B shift to
burn the structure but was rebuked before he turned to C shift without informing them about
the asbestos;and directed the structure be burned intentionally exposing citizens and firefighters
to the asbestos.
Findings
We found that the Fire Department failed to follow proper procedures before and after burning
a structure located on 2004 Princess Anne Road. The Fire Department was negligent in their
actions thus potentially exposing members of the Fire Department and citizens to a hazardous
air pollutant in the form of asbestos.
We found the following:
1. On March 30th a planned house burn by B Shift was cancelled due to plausibility of
asbestos at the structure and inability to find required asbestos inspection paperwork.
The Battalion Chief in an email stated "Based on the fact it's highly plausible the
t UNI IDE NI IAI- Virginia Beach Fraud Hotline Document
Document or portion thereof may be subject to FOIA exemption provided by§2.2-3705.3(7)of the Code of Virginia
The Honorable Louis R.Jones, Mayor
Members of City Council
June 1,2018
Page 2
exterior of the acquired structure on Princess Anne contains asbestos, I am cancelling
the live burn for April 8th. I reviewed the paperwork and we cannot, at this time,
confirm a demo company has verified the structure does not contain asbestos."
2. The Deputy Fire Chief among others was notified via email of the house burn
cancelation and the reason for the cancelation.
3. On April 3`d the Deputy Fire Chief offered C Shift the opportunity to burn the structure
(Note:The structure belonged to a friend of the Deputy Fire Chief). No mention was
made to C Shift regarding why the burn was initially canceled. Although the Deputy
Fire Chief was aware of a high probability of asbestos in the structure he did not do
the necessary follow-up to determine if the proper asbestos documentation was
submitted by the owner. Unknowingly, C Shift accepts the opportunity and
commences to prepare for the burn with a new burn date of April 15th.
4. On April 15th the live burn took place during C Shift. The training Battalion Chief
allowed the burn, although the asbestos documentation was not submitted by the
owner and he was also aware of a high probability of asbestos in the structure. The
Battalion Chief also did not do the necessary follow-up to determine if the proper
asbestos documentation was submitted by the owner.
5. The Fire Department failed to ensure that the public and firefighters were safe. The
Deputy Chief informed C Shift the morning of April 15, 2018, that they would be
present at the burn in case the fire got out of hand.The Deputy Chief never informed
the C Shift District Chief of the possible presence of asbestos.Therefore,there was no
proper briefing to the units. Firefighters were not made aware that the structure most
likely contained asbestos.
6. Public bystanders including children were not made aware of the likelihood of
asbestos in the structure. There was at least one child that was present within the
operational area perimeter. This child was allowed to hold the fire hose.
7. There was no Safety Officer present at the burn. It's alleged that the training officers
acted as the Safety Officer.
8. Pictures taken from the burn indicated that the smoke from the burn shifted towards
Princess Anne Road and over neighboring houses potentially exposing residents to
particles of asbestos.
9. Lab test performed on samples taken from the structure weeks after the burn
indicated that asbestos was in fact present at the structure.
Conclusion
Based on our investigation performed we found that the Fire Department was negligent in
following required procedures as set by laws and regulations required for live burns.The above
CONFIDENI IA,—Virginia Beach Fraud Hotline Document
Document or portion thereof may be subject to FOIA exemption provided by§2.2-3705.3(7)of the Code of Virginia
The Honorable Louis R.Jones, Mayor
Members of City Council
June 1,2018
Page 3
findings were discussed with the Fire Chief. The Fire Chief expressed his concerns and ensured
that they would work with the Office of the City Auditor and all other departments to improve
the process in the future.Thus,many of the recommendations made will be done in collaboration
with multiple departments.
We recommend the following:
1. Ensure that the necessary appropriate discipline is issued to all members that were
involved in this incident.
2. Develop a protocol for live burns that include communications between the shifts.
3. Develop and implement a system where there are two written approvals verifying that
all the proper documentation is received before a live burn takes place (insurance
cancellation, proof of title, asbestos abatement, etc.) The approving officials should
consist of one by the training Battalion Chief and the Shift District Chief.
4. Administration should not be involved in the process of obtaining documentation for
a live burn or instructing the members to conduct a live burn without the proper
clearance from the training department.
5. Consider having the HR Occupational Safety Manager present for live burns to act as
the Safety Officer on behalf of the City. This does not exclude the Fire Department's
Safety Office who acts on behalf of the firefighters to ensure that safety practices are
adhere to by the firefighters.
6. As discussed with the Public Safety Deputy City Manager and the Fire Chief, all
firefighters present at the live burn should be provided the opportunity to fill out an
exposure form.
If you have any questions, please contact Lyndon Remias via email Lremias@vbgov.com or
Sharon Hayes shayes@vbgov.com or phone at 385-5870.
Sincerely,
_/ ` /�.
Lyndon S. Remias, CPA, CIA
City Auditor
Isr/sh
c: Dave L. Hansen, City Manager
Steven R. Cover, Public Safety Deputy City Manager
David W. Hutcheson, Fire Chief,Virginia Beach Fire Department
CCtNiID}NIIAI—Virginia Beach Fraud Hotline Document
Document or portion thereof may be subject to FOIA exemption provided by§2.2-3705.3(7)of the Code of Virginia
23
CITY MANAGER'S BRIEFINGS
REVIEW OF FEDERAL FUNDING RECEIVED BY
HOUSING AND NEIGHBORHOOD PRESERVATION
ITEM#68161
5:16 P.M.
Due to time constraints, this presentation was re-scheduled.
June 5, 2018
24
CITY COUNCIL
LIAISON REPORTS
ITEM#68162
Due to time constraints, there were no City Council Liaison Reports.
June 5, 2018
25
CITY COUNCIL
COMMENTS
ITEM#68163
Due to time constraints, there were no City Council Comments.
June 5, 2018
26
AGENDA REVIEW SESSION
ITEM#68164
5:17P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
J. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND City Code Section 28-9 re Sewer Cleanouts
2. Resolution to RESCIND the Authorization for the City Manager to seek
Transportation Partnership Opportunity Fund (TPOF) Grants for the Atlantic
Avenue Reconfiguration Project
3. Ordinance to AMEND Town Center Special Service District (SSD) to ADD
Facilities and Services re Limited Delegation of Responsibilities and Use of Special
Service District Levies
4. Resolution to AUTHORIZE an Agreement between the City and the Central
Business District re recreation and cultural events in the Town Center area
5. Ordinance to AUTHORIZE the acquisition of Agricultural Land Preservation (ARP)
easement from My III Sons,LLC, at 1812 Indian River Road
6. Ordinance to AUTHORIZE the RELEASE of certain City-Held Deed Restrictions
on the property located at 296 Kings Grant Road
7. Ordinance to AMEND the FY 2018-19 Department of Housing and Neighborhood
Preservation Operating Budget re adjustments in Federal funding
8. Resolution to AUTHORIZE the ISSUANCE by the Virginia Beach Development
Authority (VBDA) of Revenue and Refunding Bonds not to exceed $36-Million re
loan to Virginia Wesleyan University (City shall not have any payment obligation)
9. Resolution to DIRECT the City Attorney to file a Petition for a Writ of Special
Election re vacancy in Centerville District
10. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a
Memorandum of Agreement (MOA)for the contribution of funds to the Department
of the Army re Sandbridge Beach Nourishment
11. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Deed
of Release and Exchange pertaining to an Agriculture Lands Preservation (ARP)
easement located on land of Kellye Suzanne Vaughan, Rebekah V. and James T.
Albert and Mark E. Vaughan
12. Ordinance to APPROPRIATE $279,000 in local revenue to the FY2017-18
Department of Finance Operating Budget re Stop Program
June 5, 2018
27
AGENDA REVIEW SESSION
ITEM#68164
(Continued)
13. Ordinance to ACCEPT and APPROPRIATE:
a. $2,500 to Parks and Recreation re Cigarette Litter Prevention Program at
Little Island Park
b. $36,305 to Emergency Medical Services (EMS) re Support Rescue Squad
Operations and Training
c. $50,000 to Housing and Neighborhood Preservation re Residential Design
Professional Services
14. Ordinance to TRANSFER $152,672 within the FY2017-18 Convention and Visitors
Bureau Operating Budget re purchase of two (2)shuttles for the Sports Center
ITEM 2 WILL BE CONSIDERED SEPARATELY
COUNCILMAN UHRIN WILL ABSTAIN ON ITEM 2
ITEM 3 WILL BE CONSIDERED SEPARATELY
COUNCIL LADY ABBOTT AND COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM 3
ITEM 5 WILL BE CONSIDERED FOR INDEFINITE DEFERRAL
ITEM 7 WILL BE CONSIDERED SEPARATELY
ITEM 8 WILL BE CONSIDERED SEPARATELY
ITEM 9 WILL BE CONSIDERED SEPARATELY
ITEM 14 WILL BE CONSIDERED SEPARATELY
June 5, 2018
28
AGENDA REVIEW SESSION
ITEM#68164
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
K. PLANNING
1. WILLIS FAMILY PARTNERSHIP for a Change of Nonconformity re reduction of ten (10)
legally conforming units at 318&320 34`h Street(Deferred from May 15, 2018)
DISTRICT-BEACH
2. EVERGREEN VIRGINIA, LLC for Modification of Conditions re motor vehicle sales,
rentals, repair and car wash at 296 Kings Grant Road and 2981, 3001, 3025, & 3033
Virginia Beach Boulevard(Approved October 17, 2017)
DISTRICT-BEACH
3. SXCW PROPERTIES II, LLC for a Conditional Use Permit re car wash and automobile
service station at 3264 Holland Road(Deferred from November 7, 2017)
DISTRICT-ROSE HALL
4. Ordinances re Short Term Rentals (Deferred from March 20, 2018):
a. AMEND Sections 102, 111, 401, 501, 601, 901, 1110,1125, 1521 and 2203 of the
City Zoning Ordinance (CZO) and Section 5.2 of the Oceanfront Resort District
Form-Based Code and ADD Sections 209.6 and 241.2 of the City Zoning Ordinance
(CZO) pertaining to Definition, Requirements and Use of Home Sharing and Short
Term Rentals (Alternative 1)
b. ADD Article 23, Consisting of Sections 2300 through 2303, (Short Term Rental
Overlay District) to the City Zoning Ordinance (CZO) establishing regulations and
requirements pertaining to Short Term Rental
c. AMEND the Official Zoning Map by the Designation and Incorporation of Property
into Short Term Rental Overlay District
d. AMEND Sections 111, 401, 501, 601, 901, 1110,1125, 1521 and 2203 of the City
Zoning Ordinance (CZO) and Section 5.2 of the Oceanfront Resort District Form-
Based Code and ADD Sections 209.6 and 241.2 of the City Zoning Ordinance (CZO)
pertaining to Definition, Requirements and Use of Home Sharing and Short Term
Rentals (Alternative 2)
e. AMEND Sections 111, 401, 501, 601, 901, 1110,1125, 1521 and 2203 of the City
Zoning Ordinance (CZO)and Section 5.2 of the Oceanfront Resort District Form-
Based Code and ADD Sections 209.6 and 241.2 of the City Zoning Ordinance (CZO)
pertaining to Definition, Requirements and Use of Home Sharing and Short Term
Rentals (Alternative 2-Planning Commission Version)
f AMEND Sections 111, 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the City
Zoning Ordinance (CZO) and Section 5.2 of the Oceanfront Resort District Form-
Based Code and ADD Section 209.6 of the City Zoning Ordinance (CZO)pertaining
to Definition, Requirements and Use of Accessory Use -Short Term Rental
(Alternative 3)
June 5, 2018
29
AGENDA REVIEW SESSION
ITEM#68164
(Continued)
g. AMEND Sections 111, 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the City
Zoning Ordinance (CZO) and Section 5.2 of the Oceanfront Resort District Form-
Based Code and Add Section 209.6 and 241.2 of the City Zoning Ordinance (CZO)
pertaining to Definition, Requirements and Use of Home Sharing and Short Term
Rental(Alternative 3—Planning Commission Version)
ITEM#3 APPLICANT HAS REQUESTED WITHDRAWAL
ITEM#4a/b/c/d/e/f/g WILL BE CONSIDERED FOR DEFERRAL TO JULY 3, 2018
COUNCILMAN UHRIN AND COUNCIL LADY WILSON FILED DISCLOSURES ON ITEM#4
June 5, 2018
30
ITEM#68165
Mayor Louis R. Jones entertained a motion for City Council to recess into a CLOSED SESSION,
pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purposes:
PUBLIC CONTRACT: Discussion of the award of a public contract
involving the expenditure of public funds, and discussion of the terms or
scope of such contract, where discussion in an open session would
adversely affect the bargaining position or negotiating strategy of the
public body,pursuant to Section 2.2-3711(A)(29)
• TFC Contract
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff members or consultants pertaining to actual or probable litigation,
where such consultation or briefing in an open meeting would adversely
affect the negotiating or litigating posture of the public body pursuant to
Section 2.2-3711(A)(7).
• TFC Contract
PERSONNEL MATTERS: Discussion, consideration, or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees of any public body
pursuant to Section 2.2-3711(A)(1)
• Council Appointments: Council, Boards, Commissions,
Committees, Authorities, Agencies and Appointees
• Appointee Evaluations
June 5, 2018
31
ITEM#68165
(Continued)
Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council voted to proceed into
CLOSED SESSION at 5:36 P.M.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
Closed Session 5:36 PM. - 5:59 P.M.
Mayor Jones RECESSED from the CLOSED SESSION to proceed into the Formal Session. City
Council will RECONVENE the CLOSED SESSION at the conclusion of"Open Dialogue".
June 5, 2018
32
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
June 5, 2018
6:00 P.M.
Mayor Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in
the City Council Chamber, City Hall, on Tuesday, June 5, 2018, at 6:00 P.M.
Council Members Present:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer,
Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane,
John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor
James L. Wood
Council Members Absent:
None
INVOCATION: Reverend, Franklin D. Howlett
Pastor, Glenwood Community Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard
Hanna Real Estate Services ("Howard Hanna"), whose Oceanfront Office is located at 303 34th Street
Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation,
the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna
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 (the `Act'), it is her practice to thoroughly review
the agenda for each meeting of City Council for the purpose of identifying any matters in which she might
have an actual or potential conflict. If during her review of the agenda for any given meeting of the
Council, she identifies a matter in which she has a "personal interest,"as defined in the Act, she will file
the appropriate disclosure letter to be recorded in the official records of the City
Council. Councilmember Wilson regularly makes this disclosure. Her letter of February 20, 2018, is
hereby made part of the record.
June 5, 2018
33
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.
June 5, 2018
34
Item—VI-F
MINUTES
ITEM#68166
Upon motion by Councilman Dyer and seconded by Council Lady Kane, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSION of May 15, 2018.
Voting: 9-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer,
Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane,
John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood
Council Members Absent:
None
Council Members Abstaining:
John E. Uhrin Absent on May 15, 2018
June 5, 2018
35
VLH.1 ITEM#68167
MAYOR'S PRESENTATIONS
TIDEWATER BUILDER'S ASSOCIATION SCHOLARSHIP AWARDS
Certificates to Virginia Beach Students
Fred Napolitano, II, Scholarship Foundation—Chairman
John Olivieri—Past President
Maureen Olivieri
Mayor Jones introduced and welcomed Fred Napolitano, II, John Olivieri and Maureen Olivieri. Mayor
Jones advised since 1965, the Foundation has awarded Virginia Beach students 244 scholarships totaling
$833,800.
Mayor Jones introduced and congratulated this year's scholarship recipients:
$5,000 ACADEMIC AWARD
William Greer, Ocean Lakes High School—Lee A. Gifford Memorial Scholarship
Marielle Hankerson, Princess Anne High School- William J. Hearring Memorial Scholarship
Sophia Phillips, Princess Anne High School-First recipient of the Richard E. Olivieri Memorial Scholarship
YOUNG DESIGNERS'SCHOLARSHIP COMPETITION
Zoe Quinones, Kempsville High School- $1,500
Kenneth Hicks, Advanced Technology Center/Kellam High School- $1,200
Chet Wiltshire, Ocean Lakes High School-$800 third place
Benjamin Sturkie, Advanced Technology Center/Tallwood High School-$500
$500 SCHOOL GRANT
Jennifer Renne-Landstown High School
Mayor Jones expressed his sincere appreciation to the Foundation for their support of these young people
in the education and, ultimately, the City of Virginia Beach.
June 5, 2018
36
VLK2 ITEM#68168
MAYOR'S PRESENTATIONS
GOVERNMENT FINANCE OFFICERS ASSOCIATION(GFOA)
Excellence in Financial Planning
Patricia Phillips, Director-Finance
Mayor Jones introduced Patricia Phillips, Director - Finance and presented the "Certificate of
Achievement for Excellence in Financial Reporting"for the Comprehensive Annual Financial Report for
the Fiscal Year ended June 30, 2017. This Award represents the highest standards in government
accounting and financial reporting.
Ms. Phillips thanked the Mayor and Members of City Council for their continued commitment to
transparency. This is the 37th consecutive annual Certificate of Excellence the City has received. Ms.
Phillips acknowledged and thanked her Stafffor all of their hard work and making this award possible.
June 5, 2018
37
ADOPT AGENDA
FOR FORMAL SESSION
ITEM#68169
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
June 5, 2018
38
Item - VI-L1
PUBLIC HEARINGS
ITEM#68170
Mayor Jones DECLARED A PUBLIC HEARING:
ACQUISITION OF AGRICULTURAL LANDS PRESERVATION(ARP)EASEMENT
1812 Indian River Road
There being no speakers, Mayor Jones CLOSED the PUBLIC HEARING.
June 5, 2018
39
Item - VI-I.2
PUBLIC HEARINGS
ITEM#68171
Mayor Jones DECLARED A PUBLIC HEARING:
DECLARE DEED RESTRICTIONS TO BE EXCESS CITY PROPERTY
296 Kings Grant Road
There being no speakers, Mayor Jones CLOSED the PUBLIC HEARING.
June 5, 2018
40
Item— VLJ
ORDINANCES/RESOLUTIONS
ITEM#68172
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED, BY
CONSENT: Agenda Items 1, 3 (ABBOTT and MOSS VERBAL NAY), 4, 5 (DEFERRED
INDEFINITELY), 6, 10, 11, 12, and 13a/b/c
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent.
None
June 5, 2018
41
Item -VI-J.1
ORDINANCES/RESOLUTIONS
ITEM#68173
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND City Code Section 28-9 re Sewer Cleanouts
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
June 5, 2018
1 AN ORDINANCE TO AMEND SECTION 28-9
2 OF CHAPTER 28 (SEWERS AND SEWAGE
3 DISPOSAL) OF THE CITY CODE
4 PERTAINING TO SEWER CLEANOUTS
5
6 SECTION AMENDED: City Code § 28-9
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
11 That Section 28-9 of the Code of the City of Virginia Beach, Virginia, is hereby
12 amended and reordained to read as follows:
13
14 CHAPTER 28 — SEWERS AND SEWAGE DISPOSAL
15
16 ARTICLE I. — IN GENERAL
17
18 . . . .
19
20 Sec. 28-9. - Sewer cleanouts.
21
22 All buildings and dwellings connected to the public sewer system shall have a
23 cleanout installed in the lateral line at or near the property lines served. Such cleanout
24 shall at all times remain the property of City, and shall be repaired, maintained or
25 relocated in the City's sole discretion. The City shall have the authority to enter all
26 property, public or private, to perform such function.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 5th
day of June '2018
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
1
_
Public Utilities t
City Attorne ' ice
I r
CA14171
R-2
October 10, 2017
42
Item -VI-J.2
ORDINANCES/RESOLUTIONS
ITEM#68174
The following registered to speak:
Janet Zaritsky, 4004 Atlantic Avenue, Phone: 404-3777, spoke in OPPOSITION
Barbara Messner, PO Box 514, Phone: 422-1902, spoke in SUPPORT
Diane Howard, 1057 DeBaca Court, Phone: 567-9021, spoke in SUPPORT
After City Council discussion, Councilman Moss made a Motion to ADOPT, seconded by Council Lady
Abbott, Resolution to RESCIND the Authorization for the City Manager to seek Transportation
Partnership Opportunity Fund(TPOF) Grants for the Atlantic Avenue Reconfiguration Project
Councilman Davenport then made a SUBSTITUTE MOTION TO DENY, seconded by Council Lady
Wilson, City Council DENIED Resolution to RESCIND the Authorization for the City Manager to seek
Transportation Partnership Opportunity Fund (TPOF) Grants for the Atlantic Avenue Reconfiguration
Project
Voting: 6-3
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M. Henley, Mayor Louis R. Jones,
Shannon DS Kane, Rosemary Wilson and Vice Mayor James L. Wood
Council Members Voting Nay:
Jessica P. Abbott
Robert M.Dyer
John D. Moss
Council Members Abstaining:
John E. Uhrin (left Council Chambers during the discussion)
Council Members Absent:
None
*The Main Motion was lost to the affirmative action on the Substitute Motion
June 5, 2018
1 i'4 ,
�. a,) City of Viririia I ;each
, i
z`f
v:TC e
+.-OF OUR NAT\(
4/4
JOHN E UHRIN PHONE (7571 200-7005
fn Yiep2y Refer to 0063124 JUHRIN s VBGOV COM
June 5, 2018
Mrs. Amanda Barnes
City Clerk's Office
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Dear Mrs. Barnes:
Pursuant to the State and Local Government Conflict of Interests Act, I make the following
disclosure:
1. I am making this disclosure regarding City Council's discussion and vote on a
resolution to rescind the authorization for the City Manager to seek Transportation
Partnership Opportunity Fund Grants for the Atlantic Avenue Reconfiguration
Project in connection with the Cavalier Project.
2. I have a personal interest in East Beach Realty, which is located at 4459 Pleasant
Avenue in Norfolk.
3. East Beach Realty is marketing homes adjacent to the Cavalier on the Hill.
4. I wish to disclose this interest and will abstain from voting on this matter.
Accordingly, I respectfully request that you record this declaration in the official records
of City Council.
Thank you for your assistance and cooperation in this matter.
Sincerely,
4.,",
>(.771
John E. Uhrin
Councilmember
JEU/RRI
215 ATLANTIC AVENUE. VIRGINIA BEACH. VIRGINIA 23451
43
Item -VI-J.3
ORDINANCES/RESOLUTIONS
ITEM#68175
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND Town Center Special Service District (SSD) to ADD Facilities and
Services re Limited Delegation of Responsibilities and Use of Special Service District Levies
Voting: 8-2
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor
Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and
Vice Mayor James L. Wood
Council Members Voting Nay:
Jessica P.Abbott
John D. Moss
Council Members Absent:
None
June 5, 2018
1 AN ORDINANCE TO AMEND ORD #2699B
2 REGARDING THE TOWN CENTER SPECIAL
3 SERVICE DISTRICT TO ADD FACILITIES AND
4 SERVICES AND TO ADD A SECTION TO ORD
5 #2699B FOR THE LIMITED DELEGATION OF
6 RESPONSIBILITIES AND USE OF SPECIAL
7 SERVICE DISTRICT LEVIES
8
9 WHEREAS, the City Council established the Town Center Special Service District
10 on May 14, 2002 by ordinance, #ORD-2699B (the "SSD Ordinance"), attached hereto;
11 and
12
13 WHEREAS, the SSD Ordinance requires all additional taxes generated by the
14 Special Service District levy to be deposited into the Town Center SSD Special Revenue
15 Fund (the "Special Revenue Fund"); and
16
17 WHEREAS, the SSD Ordinance authorizes the expenditure of moneys within the
18 Special Revenue Fund for the operation and maintenance of public parking garages and
19 enhanced services including maintenance and cleaning of public streets and sidewalks,
20 more frequent garbage removal and disposal, enhanced lighting, additional beautification
21 and landscaping for the public places and extra security; and
22
23 WHEREAS, at the request of the SSD stakeholders, the City Staff is forwarding a
24 request to add "wayfinding and sponsorship and promotion of recreational and cultural
25 activities" to the facilities and services provided by the Town Center Special Service
26 District (the "District");
27
28 WHEREAS, also at the request of the SSD stakeholder, the City Staff is forwarding
29 a request to delegate certain powers and responsibilities to a nonprofit corporation as
30 permitted by State law; and
31
32 WHEREAS, at the same meeting as this ordinance is presented to the City
33 Council, there is an ordinance seeking approval of an agreement with the Central
34 Business District Association, a Virginia non-stock corporation, to provide certain special
35 service district levies and to delegate certain specific facilities and services within the
36 District;
37
38 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
39 OF VIRGINIA BEACH, VIRGINIA, THAT:
40
41 1. Section 3 of Ordinance # 2699B is hereby amended to add the following to the list
42 of facilities and services: "wayfinding and sponsorship and promotion of
43 recreational and cultural activities."
44
45 2. Section 4 (ii) of Ordinance #2699B is hereby amended to add the following to the
46 list of enhanced services: "wayfinding and sponsorship and promotion of
47 recreational and cultural activities."
48
49 3. New Section 11 is hereby added to Ordinance #2699B to read as follows:
50
51 11.Limited Delegation of Responsibilities and Use of Town Center Special
52 Service District Levies in Furtherance of Such Delegation. The City
53 Council may approve an agreement with a nonprofit corporation to
54 provide certain special service district levies and delegate specific
55 facilities and services in the District with appropriated funds subject to
56 the direction, management and oversight by the City.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day
of June , 2018.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
) 2
St ategic Growth Area Office (City-Attt>fne s Office
CA14331
R-1
March 15, 2018
ORD - 2699B
1 AN ORDINANCE CREATING THE TOWN
2 CENTER SPECIAL SERVICE DISTRICT
3 WHEREAS, the City of Virginia Beach (the "City") has
4 undertaken a program to develop infrastructure and construct public
5 facilities and other municipal improvements in the southern part of
6 the Pembroke area of the City, to facilitate the development of a
7 Central Business District in the City and thus promote commerce and
8 the prosperity of the citizens of Virginia Beach;
9 WHEREAS, in furtherance of that goal, the City of Virginia Beach
D Development Authority (the "Authority") and Town Center Associates,
11 L.L.C. (the "Developer") are parties to a Development Agreement dated
12 as of March 6, 2000, as amended (the "Development Agreement") , for
13 the development of a mixed use commercial project known as "The Town
14 Center of Virginia Beach" located in the southern part of the
15 Pembroke area of the City (the "Project") ;
16 WHEREAS, in connection with the first phase of the Project, the
17 Authority has agreed to purchase an approximately 1,338 space parking
18 structure from the Developer to provide public parking in the Project
19 area;
WHEREAS, as part of the undertaking of the Project, the City
21 Council desires to provide additional, more complete and more
22 timely services to the public parking garage, the streets and
23 sidewalks, and other public facilities and areas in the Project
24 than those services desired in the City as a whole, by designating
25 a service district as provided by Code of Virginia 5 15.2-2400;
26 WHEREAS, pursuant to Code of Virginia § 15.2-2400, the
27 City Council held a public hearing on May 14, 2002, on the creation
28 of the District;
29 WHEREAS, pursuant to the authority and empowerment set forth
9 in the Code of Virginia § 15.2-2400, ei seq., the City Council has
31 determined that it would be in the best interests of the City and
32 its citizens to create a service district to provide additional,
i3 more complete and more timely services to the public facilities and
34 areas in the Project area, including public parking, than those
35 services desired in the City as a whole; and
36 WHEREAS, over fifty percent of the property owners who own
37 more than fifty percent of the property in the proposed special
38 service district have requested enhanced maintenance and upkeep of
39 streets in the district.
40 NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
41 OF VIRGINIA BEACH, VIRGINIA:
42 1. Creation of District. A service district known as the
43 Town Center Special Service District (the "District") is hereby
44 created pursuant to Code of Virginia § 15.2-2400 and designated as
45 such.
46 2. Boundaries of District. The District is bounded to the
47 north by Virginia Beach Boulevard, to the east by Constitution
48 Drive, to the west by the proposed Central Park Avenue to its
49 intersection with the proposed Main Street, then moving east along
50 Main Street to the proposed 'Down Center Drive, then moving south on
l the proposed Town Center. Drive to its intersection with Columbus
52 Street, then moving east along Columbus Street to its intersection
53 with Constitution Drive, all as more particularly depicted on the
54 attached map labeled as "Exhibit A".
55 3. Pur use; Facilities and Services Provided Within District.
56 The District is created for the purpose of providing financing for
57 additional, more complete and Inure timely governmental services to
58 public facilities and areas in the District. Toward that end, there
59 shall he provided within the District those facilities and services
60 necessary or desirable to accomplish the purpose of the service
�1 district, including, without limitation, administrative, engineering
62 and other professional services, enhanced maintenance and cleaning of
2
63 public streets and sidewalks, more frequent garbage removal and
e4 disposal, enhanced lighting, additional beautification and
65 landscaping for the public places, extra security, public parking,
66 and such other equipment and facilities as may, from time to time, be
67 needed to accomplish the purpose of the service district.
68 4. Pro: used Plan for Providin :: Services Within District. The
69 plan is to accumulate dedicated revenue to fund (i) the operation and
70 maintenance of the public parking garage and (ii) an enhanced level
71 of public services in the District that will include, without
72 limitation, additional maintenance and cleaning of public streets and
73 sidewalks, more frequent garbage removal and disposal, enhanced
4 lighting, additional beautification and landscaping for the public
75 places, and extra security. The level of the enhanced public
76 services actually provided will be governed by the amount of
77 additional taxes levied in the District.
78 Benefits to be Exected to be Realized From Enhanced
79 Services._ The City expects, through the provision of additional,
80 more complete and more timely services in the District, that the
81 citizens of Virginia Beach will be benefitted by the attractive,
82 inviting public space, along with public parking, that will promote
83 commerce and prosperity in the Central Business District, which will,
4 in turn, generate increased taxes and other City revenues.
85 6. Powers. The City Council shall have all powers set forth
86 in Code of Virginia § 15.2-2403 with respect to the District.
87 7. Fstablishment of5ecial Revenue Fund: Use of Funds. The
88 City Manager shall cause to be established a Town Center Service
89 District Special Revenue Fund (the "Special Revenue Fund") to account
90 for revenues realized from additional taxes imposed in the District
91 and for expenditures related to operating and maintaining the public
92 parking garage and providing additional, more complete and more
93 timely services, along with all necessary facilities, in the public
7 .4 areas located within the District than desired in the City as a
95 whole. All funds received that are related to the Special Revenue
3
Cj f - ..
i�:it,c7 l;t- u.;r._,311 z r< <-:. purpsEa r , s {, tt.. _a _...
1
7 c -c. ,:a.._e , i .. . , 11, 2C1C
09Cr _
cE, se� tl�e �rec:�o . .. vcr,..e, Fu.,_- P;r dye-ed in :.e Ereninc
1- . . A_. t=es 1E- Ed 1E-Edand c: a:tc_i pursuant to th__ t_r
ce wiT:L1n 1Ne ..f.E r 1-T• _. r .ga1r.. flc clily arec t 17=EY,
1C1 C. hE1E.. J �c.._eu _.... caarclen f171 _,ro,_n_ng and Eiv1yeE
1C2 in this E,I.-d1nance.
Or c -err,- T tr.C_._ -z.ed ;1 CcEE V1zo;r:1. e ('
1
cE.n1a1nec in Cade .. Jr , city council ,.v 1evy
arld p .- tor the cE12,7Eticc. C;- r-.._ _ _.ul _a.:Es _.":F'
1,:,„ whclE
109 1,31:7_, tar., LXp >-:. __ ..gEE 1. . i- <:.r:', .:-eX
11_ c,.._ .. :F.J( _r �. ii,_..... , � r.,. ,..:e an C ..r^.1,.1 t
Iii I. r r_ ; �; eC , r is ,
114 -,. t 1. �? ;i� �_o�c tee[ u Epy
11_. t ,�_ s :c.._ LEt.ate .._sE and the: I,._ _ _.E_ .T_
116 Finance.
7 (b) The City Clerk is directed to make a copy of this
118 Ordinance continuously available for inspection by the general public
119 during normal business hours at the City Clerk's office from the date
120 of adoption hereof.
121 (c) The City Clerk, in collaboration with the City
122 Attorney, is authorized and directed to immediately file a certified
123 copy of this ordinance with the Circuit Court of the City of Virginia
124 Beach.
125 10. Effective Date. This ordinance shall be effective July 1,
2002.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 14th day of ' ay 2002.
4
CA8393
F:AData\Noncode\Lowncenterphl.ord4.wpd
E-2
May 3, 2002
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIFNCY:
i
t' _:L
L_C
Management Services City Atto,�, ' s five
5
44
Item -VI-J.4
ORDINANCES/RESOLUTIONS
ITEM#68176
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Resolution to AUTHORIZE an Agreement between the City and the Central Business
District re recreation and cultural events in the Town Center area
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
June 5, 2018
1 A RESOLUTION TO AUTHORIZE AN
2 AGREEMENT BETWEEN THE CITY AND THE
3 CENTRAL BUSINESS DISTRICT ASSOCIATION
4
5 WHEREAS, the City Council established the Town Center Special Service District
6 (the "Town Center SSD") in 2002, and such District requires all additional taxes generated
7 by the Special Service District levy to be deposited into the Town Center SSD Special
8 Revenue Fund; and
9
10 WHEREAS, the Town Center SSD authorizes the expenditure of additional levies
11 to be expended for the operation and maintenance of public parking garages and
12 enhanced services including maintenance and cleaning of public streets and sidewalks,
13 more frequent garbage removal and disposal, enhanced lighting, additional beautification
14 and landscaping for the public places and extra security; and
15
16 WHEREAS, at the same meeting as this resolution is presented to the City Council,
17 there is an ordinance to amend the Town Center SSD's authorizing ordinance to add
18 services and to allow the delegation of certain powers and responsibilities to a nonprofit
19 corporation.
20
21 WHEREAS, the City Staff seeks approval of an agreement between the City and
22 the Central Business District Association, a Virginia non-stock corporation, to provide
23 certain special service district levies and to delegate certain specific facilities and services
24 within the Town Center SSD, a summary of material terms is attached hereto as Exhibit
25 A;
26
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
28 OF VIRGINIA BEACH, VIRGINIA, THAT:
29
30 The City Manager or designee is hereby authorized to execute an agreement
31 between the City and the Central Business District Association provided such agreement
32 is approved as to legal sufficiency by the City Attorney or designee and the terms and
33 conditions of such agreement are consistent with the summary of material terms attached
34 hereto as Exhibit A.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day
of June , 2018.
APPROVED AS TO CONTENT: APP ED AS TO LEGAL SUFFICIENCY:
Strategic .rowth Area 0 ce City/ttor i y's Office
CA14332
R-2
May 29, 2018
EXHIBIT A
SUMMARY OF MATERIAL TERMS
Parties: City of Virginia Beach("City")
Central Business District Association("CBDA")
Term: One year(July 1, 2018 to June 30, 2019) with up to four(4)
one-year renewals with the mutual agreement of the Parties.
Annual Maximum Cost to
Town Center SSD: Holiday features (festive fixtures for holidays and special
occasions) and connectivity initiatives: not to exceed
$150,000, with each item individually approved by City.
City contribution to programming costs for recreational and
cultural activities: $200,000
Other Requirements: CBDA to submit an annual budget to the City Manager's
Office for review and approval.
City Manager's Office to oversee City administrative review
panel that is required to review the submitted budget within
30 days of submission. Town Center Advisory Board to
participate in oversight function.
CBDA may seek private sector sponsorship to offset
programming costs for recreational and cultural activities.
City funding(SSD levies)is subject to annual appropriation.
CBDA to be provided a management fee for programming
and for holiday features.
CBDA to work with the City Special Events Office to
coordinate activities requiring special event permits as
required by City Code § 4-1 and to address possible First
Amendment activities.
45
Item -VI-J.5
ORDINANCES/RESOLUTIONS
ITEM#68177
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council DEFERRED
INDEFINITELY, BY CONSENT, Ordinance to AUTHORIZE the acquisition of Agricultural Land
Preservation (ARP) easement from My III Sons,LLC, at 1812 Indian River Road
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
June 5, 2018
46
Item-VI-J.6
ORDINANCES/RESOLUTIONS
ITEM#68178
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE the RELEASE of certain City-Held Deed Restrictions on the
property located at 296 Kings Grant Road
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
June 5, 2018
1 AN ORDINANCE AUTHORIZING THE RELEASE OF
2 CERTAIN CITY-HELD RESTRICTIONS ON THE
3 PROPERTY LOCATED AT 296 KINGS GRANT ROAD
4 (GPIN 1497-15-6395)
5
6 WHEREAS, the City of Virginia Beach (the "City") was the owner of
7 0.741 acres of land (the "Property") at the intersection of Virginia Beach Boulevard
8 and Kings Grant Road near the historic Francis Land House;
9
10 WHEREAS, in 1979, the City sold the Property to Tidewater Automobile
11 Association with several conditions restricting the use of the site by restrictions set
12 forth in the Deed dated August 14, 1979 and recorded in the Clerk's Office of the
13 Circuit Court of the City of Virginia Beach (the "Clerk's Office") in Deed Book 1931, at
14 page 709 (the "1979 Deed");
15
16 WHEREAS, the Property was transferred in 2010 to TAA Virginia Beach
17 Branch Property ("TAA"), which now plans to sell the Property to Evergreen Virginia,
18 LLC ("Checkered Flag"), the owner of the adjacent site located at 3033 Virginia Beach
19 Boulevard;
20
21 WHEREAS, Checkered Flag (the "Applicant") would like to develop the
22 Property to expand its adjacent automobile sales facility (the "Development");
23
24 WHEREAS, in order to accommodate the Development, the Applicant has
25 requested that the City release and vacate certain portions of the deed restrictions;
26
27 WHEREAS, the deed restrictions requested to be released are restrictions
28 as set forth in Paragraph 1 of the 1979 Deed prohibiting the Property from being used
29 as follows:
30 A. Automobile repair establishments.
31 B. Automobile sales and rentals.
32 C. Boat sales.
33 D. Commercial parking lots.
34
35 (the "Dealership Restrictions");
36
37 WHEREAS, if the Dealership Restrictions are released, all other deed
38 restrictions affecting the Property will remain in full force and effect on the Property; and
39
40 WHEREAS, the City Council is of the opinion that authorizing the release
41 of the Dealership Restrictions to allow the Development would be in the best interests of
42 the City.
43
44 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
45 OF VIRGINIA BEACH, VIRGINIA:
46
47 1. That the City Council hereby authorizes the release and vacation of the
48 Dealership Restrictions, which were created in subparagraphs A, B, C and D in
49 paragraph 1 of the 1979 Deed;
50
51 2. That except for the release and vacation of the Dealership Restrictions
52 authorized herein, all other restrictions, limitations, and terms of the 1979 Deed shall
53 continue to remain in full force and effect; and
54
55 3. That the City Manager is hereby authorized to execute any documents
56 necessary to grant such release and vacation as may be consistent with this
57 Ordinance and acceptable to the City Manager and in a form deemed satisfactory by
58 the City Attorney, and that such documents may be recorded in the land records of the
59 Clerk's Office.
60
61 This ordinance shall be effective from the date of its adoption.
62
63 Adopted by the Council of the City of Virginia Beach, Virginia, on the
64 5th day of June , 2018.
CA14213
R-1
5/1/18
PPROVED AS TO CONTENT APPROV 0 AS TO• ONTENT
SC\--,6V,
laming Economic Dev lop -nt
PPROVED AS TO LEGAL
SUFFICIENCY
City'A e /'s Thee`
el eiN
1! 1
f
229:33 aa,./>1J31 IA F709 Baa so
THIS DEED, Made this /�✓Qday of /!J„ ,I-. 1979, by and
between the CITY Of VIRGINIA BEACH, a municipal corporation of the
r"- Commonwealth of Virginia, sometimes referred to herein as theCft
" y". party
of the first part; and TIDEWATER AUTOMOBILE ASSOCIATION OF VIRGINIA, INC..
is party of the second part.
WITNESSETH:
That for and in consideration of the sun of TEll DOLLARS ($10.00),
1
and other good and valuable consideration, the receipt of which is hereby
Salacknowledged. the said party of the first part does grant, bargain, sell,
R K assign and convey, with General Warranty and with English Covenants of
et=te x Title, unto the said party of the second part the following described
c `vi
property (hereinafter referred to as the `Property"), to-wit:
!r 1' : All that certain tract, piece or
I parcel of land
lying, situate and being in the City of virginla
Beach, Virginia, containing 0.741 acres and
t
entitled e"SUBDIY"SUBas Parcel DIVISION ROSE-3 on hHALt LpOFFiCEertainPPlARI
LYNIIHAVEI'1 BOROUGH ViRGINiA BEACH, VIRGiNIA",
dated: June, 1978, prepared by Marsh and
Basgier, Inc., P.L., Engineers-Surveyors-Planners,
101 North Plaza Trail, Virginia Beach, Virginia,
I and recorded in the Office of the Clerk of the
Circuit Court of the City of Virginia Beach, in
Map Book 135 ,. at Page -.
IT BEING a part of the property conveyed to City
of Virginia Beach by deed of industrial Security _
Company. dated July 1, 1975, and recorded in the
above Clerk's Offfice in Deed Book 1506. at Page 465.
j,., This conveyance is made subject to the conditions, restrictions,
easements and reservations of record in the chain of title, if any.
constituting. constructive notice thereof„ and is specifically made subject
to the following covenants and restrictions:
(1) The Property shall only be used for commercial. retail and
office activities.
The following businesses are specifically prohibited within
the boundaries of the Property:
A. Automobile repair establishments.
f"? B. Automobile sales and rentals.
1
C. Boat sales.
D. Commercial parking lots.
I
I
ems n
ii
+' eam(1.931 ?A 710
II E. Marinas including sto-age end repair of boats.
II F. Comnercial kennels.
1 (2) No noxious or offensive activity of any character shall be
} carried on upon the Property, nor shall anything be done thereon which may
i
1, reasonably be considered a nuisance.
f!!' (3) All plans pertaining to building design, construction,
I! landscaping, signs and subsequent alterations are subject to the prior
I
I written approval and consent of the City of Virginia Beach Historical Review
,' Board fn conjunction with the Department of Economic Development, City of
m' Virginia Beach. Virginia. Three sets of plans end specifications shall be
i
presented at the tirre approval is sought. Final determination of number and
11 type of exhibits required will be decided upon by the above-named agencies
1 after consultation with the prospective purchaser. Neither the Historical
III Review Board nor the City of Virginia Beach shall be liable in damages for
�{ any act of omission regarding the approval or disapproval of the plans and
]i{] specifications submitted to them.
IIAll buildings and other improvements are to be situated so as
9 to preserve th�.e existing trees whenever possible. Trees not in the actual
{ path of construction are to be protected from damage during construction and ; Els
II are to be shown an the landscaping plans. All persw hent ditch banks and
swales are to graded, seeded and maintained in con unctio
II 1 n Mith the
landscaped areas of the site.
I
i
1 (4) All buildings and improvements shall be constructed and
: maintained by the owner in accordance with the following standards. unless ..-is
'1; an exception is approved in writing by the Department of Economic
i Development and the Historical Review Board:
ill A. in general, traditional, lath Century colonial-style
Iarchitecture is to be used in the design of all new structures (see attached •
Exhibit A).
I
11. Exterior wails of each building are to be finished with II
I Colonial wood siding, vinyl or aluminium siding, brick. or its equivalent in f
I
aesthetic value. I �
. f ;
C. Exposed wood fs to receive appropriate architectural
treatment, be properly maintained and be repainted on a regularly scheduled j •
I' basis.
I
-2-
1
1
BGCK1931 f�>E71t
D. All on-site electrical, telephone and other utility lines
shall be underground and shall not be exposed on the exterior of any
building or improvements.
E. All electrical and mechanical apparatus. equipment,
fixtures (other than lighting fixtures), conduit, ducts, flues. and pipes
Ilocated on the exterior of any building shall be concealed from view from
fstreets and from buildings on other sites, and shall be architecturally
treated in a manner acceptable to the historical Review Board.
F. Sidewalks are to be constructed using exposed aggregate
concrete. brick pavers, cobblestones or other materials of equivalent
aesthetic value.
Any construction other than the above shall be submitted to
the Historical Review Board through the Department of Economic Development
for prior written approval.
(5) State, federal and local requirements shall control as to the
height of improvements to be erected. Also, approval by the Historical
' Review Board and the Department of Economic Development shall be obtained.
The following structures. among others, shall require approval
as to height:
( A. Chimneys and smoke stacks.
B. Cooling equipment.
C. Flags or banners.
0. Penthouses or structures for housing elevators
or equipment.
E. Radio or television towers.
F. Skylights.
• G. Stairways.
• H. Other equipment required to operate and maintain the
building.
(6) The minimum building site area shall be 22,000 square feet.
The Property shall not be subdivided so as to make more than one lot out of
the same and no portion of the Property shall be conveyed apart from the
I
l 1
now><1931Pia 7I2
whole without first obtaining the prior written approval of the Virginia
Beach City Council, Request for such approval shall be made through the
Department of Economic Development.
(7) No building or structure shall be erected nearer than
thirty-five (35) feet to any existing or proposed street or nearer than
Ififteen (15) feet tc the side and rear lines of the Trope--y. It being the
? intent that an open arer of at least thirty (30) feet, ten (10) contiguous
I
feet of which must be landscaped, shall exist between all adjacent buildings
or Structures. The area between the Property lines and the building lines
is to be used for landscaping, lawns, walks or off-street parking, provided,
that no parking shall be allowed within fifteen (15) feet of the street
right-of-way line. Such area shall be designated as a "landscaped area" to
Ibe kept free of any improvements other than trees, shrubs and lawns except
that driveways and walkways shall be allowed.
( (8) No loading doors or service entrance doors shall be
constructed or located fronting on any street or proposed street without the
If express written consent of the Historical Review Board through the
1F Department of Economic Development. Provisions for handling all shipments
and deliveries oust be on those sides of any buildings which do not face on
1, any street or proposed street, unless otherwise approved by the Historical
Review Board, and the Department of Economic Development.
(9) It shall be the responsibllty of the Property owner to provide
•
adequate off-street parking space as required by the applicable Virginia
Beach development ordinances.
To enhance the appearance of the Property, wherever possible,
parking and service areas are to be located on those sides of each building
+f which do not front on the street. Driveways for ingress and egress to serve
I such parking areas may extend across the above-stated minimum setback and
shall be designed, installed and maintained in a clean and neat condition.
The surface of all driveways and permanent parking areas shall be of
concrete, asphalt, bituminious or such material as may be approved in
writing by the Department of Economic Development and the Historical Review
Board. It shall be the Grantee's responsiblity to extend driveways to
existing or projected streets at no expense to the City, even though part of it •
this construction is within the street right-of-way.
-4-
i 1
'-' aaa1931 rim713
(10) No materials, supplies, equipment or trash or refuse shall be
stored on a site except inside a building.
(11) All outdoor advertising shall require the prior written
r approval of the Department of Economic Development and the Historical Review
Board, and graphics showing recommended design are on file with the Board.
Masonry, wooden, and wrought iron materials or a combination thereof are the .
preferred materials for signage. Outdoor advertising shall comply with
Article 9.8.914 of the Virginia Beach Comprehensive Zoning Ordinance, as
mended. The content of of the sign shall be limited to the identification
of the product or services sold or produced on the premises, and the name of
the establishment. Temporary signs, not to exceed thirty-two (32) square
feet in area, and relating to the sale or lease of the premises, may be
located in a front yard. A temporary sign, not to exceed one hundred (100)
square feet in area, and announcing the location of a proposed building in
said project may be located within the building area of the site. Flashing
or intermittent signs are prohibited.
(12) All structures, including, but not limited to, buildings,
ewe signs and fences shall be maintained In good condition and repair by the
r owner and/or tenant.
(13) To insure the attractiveness of the Property, and to provide
adequate off-street parking and service areas, provisions have been make for
a four-to-one land-to-building coverage ratio (4:1). Therefore, buildings
nay cover a maximum of twenty-five percent (25%) of the Property.
(14) If unimproved, the Property shall not be said unless and
until the sale had been approved, in its sole discretion, by the City
Council of the City of Virginia Beach, which approval shall be evidenced by
the City's execution of the deed of conveyance. Requests for such approval
shall be made through the Department of Economic Development.
(15) Each of the foregoing covenants and restrictions shall run
with the land and a breach of any one of them, at the option of the City,
its successors or assigns, may be enjoined, abated or remedied by such
remedies as are provided for in law or in equity. It is understood.
however, that the breach of any one of the foregoing covenants or
restrictions shall not defeat or render invalid the lien of any mortgage on
-5-
i ' '.. . • i
accr1931 Mani
kf
the Property or part thereof made in good faith and for value and shall not
1i
i prevent the foreclosure sale of the Property or any part thereof, provided,
however, that each and all of the foregoing covenants and restrictions shall
at all tines remain in full force and effect against the Property or any
part thereof, title to which is obtained by foreclosure of any mortgage or
other lien. .
J t (16) Invalidation of any of the foregoing covenants or
IIrestrictions by a court of competent jurisdiction shall in no way affect any ,
II of the other provisions which shall remain in full force and effect. The
{ restrictions shall be covenants running with the land and shall be perpetual
(
d covenants and restrictions, binding upon the grantees. their heirs and
m
it assigns.
1 (17) Each of the foregoing covenants and restrictions are for the ^
i
„ express benefit of the City of Virginia Beach and the respective purchasers
qand users of parcels located within the Rose Hall Project as shown on the .
i "Covenants and Restrictions Location Map' attached hereto and made a part
I
{ hereof.
A (1B) Each of the foregoing covenants and restrictions may in its (A
CI sole discretion be waived, rescinded. modified or altered by the City i
f.
:i Council of the City of Virginia Beach and are in lieu of any unrecorded
m
J covenants and restrictions. All requests for waivers, etc.. shall be made
through the Deportment of Economic Developeren:. All rights whatsoever
i, created herein or hereby shall apply to the Property and the Rose Hall
I Project. The City Council reserves the right in its sole discretion to
Ichange or omit any and all covenants and restrictions in any future
Iconveyances of property within the Rose Hall Project.
IN WITNESS WHEREOF, the City of Virginia Beach has caused its name
to be hereunto signed by its City Manager and its seal to be hereunto
.,:iY� 'I .,affixed attested to by its City Clerk, all duly authorized.
Jtcc ',
CITY 0; VIRGINIA BEACH
f B
;`''i:'1. Ci y Manager r
tI�TTESTr PPRO'1 .) ::S TO CONTENTS
ei-Z,41,:ensi._
City flea �;• , ^Ir
1 AP.^-:oveD t s TO FORM
-6- (7,tc4.Ei cm/et(
t ,
I CITY ATTORNEY
•
r. aoix 1931 FAR715
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I. 4_eft' ,t , a Notary Public In and for
r- the City and State aforesaid, do hereby certify that GEURGE L. HANBURY, City
Manager, and RUTH HODGES SMITH, City Clerk, for the CITY OF VIRGINIA BEACH,
VIRGINIA, whose names as such are signed to the foregoing Deed, bearing date
on the )44s/4 day of 0,1„4i , 1979, have acknowledged the same
before me in ay City and State aforesaid.
Given under ay hand this /'J,(, day of arc/ , 1979.
Notary b
Fb Comrnlssion Expires: -s//adil,h
is CNS/c�
8/9/79
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47
Item -VI-J.7
ORDINANCES/RESOLUTIONS
ITEM#68179
The following registered to speak:
Barbara Messner, PO Box 514, Phone: 422-1902, spoke in OPPOSITION
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED,
Ordinance to AMEND the FY 2018-19 Department of Housing and Neighborhood Preservation
Operating Budget re adjustments in Federal funding
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
June 5, 2018
1 AN ORDINANCE TO AMEND THE FY 2018-19
2 OPERATING BUDGET OF THE DEPARTMENT OF
3 HOUSING AND NEIGHBORHOOD PRESERVATION
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA THAT:
7
8 The Department of Housing and Neighborhood Preservation's FY 2018-19
9 Operating Budget is hereby modified for the amounts and purposes set forth below:
10
11 1) Appropriate $176,515 in Community Development Block Grant (CDBG) Program
12 income to be received through FY 2018-19 in excess of original estimated amounts.
13 These funds will be utilized for Affordable Housing creation and/or rehabilitation per
14 CDBG regulations, with program revenues increased accordingly;
15
16 2) Appropriate $334,082 in HOME Investment Partnerships Program (HOME) income
17 to be received through FY 2018-19 in excess of original estimated amounts. These
18 funds will be utilized for Affordable Housing creation and/or rehabilitation per HOME
19 regulations, with program revenues increased accordingly;
20
21 3) Appropriate $4,188 in Emergency Solutions Grant income to be received through FY
22 2018-19 in excess of original estimated amounts. These funds will be utilized for
23 DHNP programs/services to assist the homeless, with program revenues increased
24 accordingly;
25
26 4) Appropriate $178,655 in Housing Opportunities for Persons with AIDS income to be
27 received through FY 2018-19 in excess of original estimated amounts. These funds
28 will be utilized for DHNP programs/services to assist persons with AIDS, with program
29 revenues increased accordingly; and
30
31 5) $39,161 of Veterans Affairs Supportive Housing awards are hereby accepted, with
32 program revenues increased accordingly, and appropriated to the FY 2018-19
33 Operating Budget of the Department of Housing and Neighborhood Preservation to
34 provide rental subsidies to five (5) additional previously homeless veterans.
Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day
of June 2018.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
B�.jdget & Management Services _CityAttorn y's Office
CA14439
R-1
May 22, 2018
48
Item -VI-J.8
ORDINANCES/RESOLUTIONS
ITEM#68180
The following registered to speak:
Barbara Messner, PO Box 514, Phone: 422-1902, spoke in OPPOSITION
Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council ADOPTED,
Resolution to AUTHORIZE the ISSUANCE by the Virginia Beach Development Authority (VBDA) of
Revenue and Refunding Bonds not to exceed $36-Million re loan to Virginia Wesleyan University
(City shall not have any payment obligation)
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
June 5, 2018
1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
2 OF VIRGINIA BEACH, VIRGINIA, APPROVING THE
3 ISSUANCE BY THE CITY OF VIRGINIA BEACH
4 DEVELOPMENT AUTHORITY OF A REVENUE AND
5 REFUNDING BOND IN A PRINCIPAL AMOUNT NOT TO
6 EXCEED $36,000,000, THE PROCEEDS OF WHICH WILL
7 BE LOANED TO VIRGINIA WESLEYAN UNIVERSITY,
8 AND UPON WHICH THE CITY OF VIRGINIA BEACH
9 SHALL NOT HAVE ANY PAYMENT OBLIGATION
10
11 WHEREAS, the City Council of the City of Virginia Beach (the "City Council") has
12 been advised that there was described to the City of Virginia Beach Development
13 Authority (the "Authority") the plan of finance of Virginia Wesleyan University (the
14 "Borrower") whose campus is located at 5817 Wesleyan Drive, Virginia Beach, Virginia
15 23455, for the issuance by the Authority of its Revenue and Refunding Bond in an
16 aggregate principal amount not to exceed $36,000,000 (the "Bond"), and to loan the
17 proceeds of such Bond to the Borrower to be used in (a) refunding the Authority's
18 Revenue and Refunding Bond (Virginia Wesleyan College Project), Series 2012 (the
19 "Series 2012 Bond"), which refinanced certain university facilities owned by the
20 Borrower and located at its campus, (b) financing all or a portion of the costs of
21 acquiring, planning, designing, constructing and equipping the refurbishment of certain
22 existing university buildings owned by the Borrower and located at its campus, (c)
23 financing all or a portion of the costs of issuance of the Bond, and (d) financing all or a
24 portion of the costs associated with refunding the Series 2012 Bond, including the
25 funding of any payment required to terminate the interest rate swap that was identified
26 as a qualified hedge for the Series 2012 Bond (collectively, the "Plan of Finance");
27
28 WHEREAS, the City Council has been advised that the Authority held a public
29 hearing on May 15, 2018, as required by the Industrial Development and Revenue
30 Bond Act, Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended, as
31 incorporated by Chapter 643 of the Acts of Assembly of 1964, as amended (collectively,
32 the "Act"), and the Internal Revenue Code of 1986, as amended (the "Code"), and that
33 the Authority adopted an approving resolution (the "Authority Resolution") on that date
34 with respect to the Bond, subject to the adoption of this resolution by the City Council to
35 approve the issuance of the Bond in accordance with the Act and the Code; and
36
37 WHEREAS, a reasonably detailed summary of the comments expressed at the
38 Authority's public hearing with respect to the Bond, a statement in the form prescribed
39 by Section 15.2 4907 of the Act, and a copy of the Authority Resolution recommending
40 that the City Council approve the Authority's issuance of the Bond, have been filed with
41 the City Council.
42
43 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
44 THE CITY OF VIRGINIA BEACH:
45 1. The City Council approves the issuance of the Bond by the Authority to
46 the extent required by the Code and the Act.
47
48 2. The approval of the Authority's issuance of the Bond, as required by the
49 Code and the Act, does not constitute an endorsement to a prospective purchaser of
50 the Bond of the creditworthiness of the Borrower, and the Bond shall provide that
51 neither the Commonwealth of Virginia, the City of Virginia Beach, nor the Authority shall
52 be obligated to pay the principal, or premium, if any, of the Bond or the interest thereon
53 or other costs incident thereto except from the revenues and monies pledged therefor
54 and neither the faith and credit nor the taxing power of the Commonwealth of Virginia,
55 the City of Virginia Beach, or the Authority shall be pledged thereto.
56
57 3. This Resolution shall take effect immediately upon its adoption.
58
59 Adopted by the Council of the City of Virginia Beach, Virginia, on 5th day of
60 June , 2018.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
c,S
Economic Development City Attorney
4
CA1.8231
\\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\W pdocs\D021\P019\00224392.DOC
R-1
May 25, 2018
16463581v2
p
VIRGINIA BEACH
May 25, 2018
The Honorable Louis R. Jones, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re: Virginia Wesleyan College-Revenue and Refunding Bond
Dear Mayor Jones and Members of City Council:
We submit the following in connection with the request of Virginia Wesleyan College for the
issuance of revenue and refunding bonds in the amount not to exceed $36,000,000, for the
project located at 1584 Wesleyan Drive in the cities of Norfolk and Virginia Beach, Virginia,.
1. Evidence of publication of the notice of hearing is attached as Exhibit A, and a summary of
the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach
Development Authority's (the "Authority") resolution recommending Council's approval is
attached as Exhibit C.
2. The Disclosure Statement is attached as Exhibit D.
3. The statement of the Authority's reasons for its approval as a benefit for the City of Virginia
Beach and its recommendation that City Council approve the modification of the bonds
described above is attached as Exhibit E.
4. The Fiscal Impact Statement is attached as Exhibit F.
5. A summary sheet setting forth the type of issue, and identifying the project and principals of
the applicant is attached as Exhibit G.
6. A letter from the Department of Economic Development commenting on the project is
attached as Exhibit H.
Vcr'v truly yours,
('hair
/AWS
Enclosures
4525 Main Street, Suite 700,Virginia Beach,VA 23462/(757)385-6464
EXHIBIT A
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EXHIBIT B
SUMMARY OF PUBLIC HEARING
At 8:30 a.m. on May 15, 2018, the Chair of the City of Virginia Beach Development
Authority (the `'Authority") announced the commencement of a public hearing at the Authority
office located at 4525 Main Street, Suite 700, Virginia Beach,Virginia 23462, on a plan of finance
of Virginia Wesleyan University (the "Borrower"), whose campus is located at 5817 Wesleyan
Drive, Virginia Beach, Virginia 23455, under which the Authority will issue its tax-exempt
revenue and refunding bond in a principal amount not to exceed $36,000,000 (the `Bond"), to
assist the Borrower in (a) refunding the Authority's Revenue and Refunding Bond (Virginia
Wesleyan College Project), Series 2012 (the "Series 2012 Bond"), which refinanced certain
university facilities owned by the Borrower and located at its campus, (b) financing all or a portion
of the costs of acquiring, planning, designing, constructing and equipping the refurbishment of
certain existing university buildings owned by the Borrower and located at its campus, (c)
financing all or a portion of the costs of issuance of the Bond, and (d) financing all or a portion of
the costs associated with refunding the Series 2012 Bond, including the funding of any payment
required to terminate the interest rate swap that was identified as a qualified hedge for the Series
2012 Bond (collectively, the "Plan of Finance").
Kevin A. White, Esquire, Bond Counsel, described to the Authority the nature of the Bond
and the process for its approval. James Cooper, Vice President for Finance and Administration of
the Borrower, was available at the meeting to answer questions about the Plan of Finance. No
member of the public spoke at the public hearing in support of or in opposition to the Plan of
Finance and the Chair closed the public hearing.
16463551 v2
EXHIBIT C
RESOLUTION OF THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
REGARDING ITS ISSUANCE OF A REVENUE AND REFUNDING BOND
AND THE LOAN OF THE PROCEEDS THEREOF TO
VIRGINIA WESLEYAN UNIVERSITY
WHEREAS, there has been described to the City of Virginia Beach Development
Authority (the "Authority") the plan of Virginia Wesleyan University, a not-for-profit Virginia
nonstock corporation (the "Borrower"), whose campus is located at 5817 Wesleyan Drive,
Virginia Beach, Virginia 23455, for the issuance by the Authority of its revenue and refunding
bond in the principal amount of $36,000,000 (the "Bond"), to assist the Borrower in (a)
refunding the Authority's Revenue and Refunding Bond (Virginia Wesleyan College Project),
Series 2012 (the "Series 2012 Bond"), which refinanced certain university facilities owned by
the Borrower and located at its campus, (b) financing all or a portion of the costs of acquiring,
planning, designing, constructing and equipping the refurbishment of certain existing university
buildings owned by the Borrower and located at its campus, (c) financing all or a portion of the
costs of issuance of the Bond, and (d) financing all or a portion of the costs associated with
refunding the Series 2012 Bond, including the funding of any payment required to terminate the
interest rate swap that was identified as a qualified hedge for the Series 2012 Bond (collectively,
the"Plan of Finance");
WHEREAS,the Borrower has advised the Authority of its intention to proceed immediately
with implementing the Plan of Finance and has provided to the Authority the form of a Bond
Purchase and Loan Agreement (the "Loan Agreement"), among the Authority, the Borrower and
TowneBank, a Virginia corporation (the "Lender"), together with the form of the Bond and the
form of the Borrower's promissory note(the"Note")payable to the Authority and the instrument of
assignment thereof from the Authority to the Lender(collectively,the"Authority Documents");
WHEREAS, a public hearing with respect to the Authority's issuance of the Bond was
properly noticed pursuant to the Industrial Development and Revenue Bond Act, Chapter 49, Title
15.2 of the Code of Virginia of 1950, as amended, as incorporated by Chapter 643 of the Acts of
Assembly of 1964, as amended (collectively, the "Act"), and the Internal Revenue Code of 1986,
as amended (the"Code"), and was held by the Authority on the date hereof prior to the adoption
of this Resolution;
WHEREAS, representatives of the Borrower have (a)represented that the Borrower is an
organization described in Section 501(c)(3) of the Code which is exempt from federal income
taxation pursuant to Section 501(a) of the Code, for which the Authority may issue "qualified
501(c)(3) bonds" as defined in Section 145 of the Code, (b) described the benefits to be derived
by residents of the City of Virginia Beach (the "City") from such issuance of the Bond, and (c)
requested that the Authority agree to issue the Bond as a conduit issuer under the Act and to loan
to the Borrower the proceeds of the sale of the Bond to the Lender to assist the Borrower in
effecting the Plan of Finance;
WHEREAS, Section 147(f) of the Code provides that the highest elected governmental
officials of the governmental units having jurisdiction over (a) the issuer of the private activity
bonds and (b) the area where any facility financed with the proceeds of such bonds is located shall
approve the issuance of such bonds;
WHEREAS, the Authority issues its bonds on behalf of the City and the members of the
City Council of the City of Virginia Beach, Virginia (the "City Council") constitute the highest
elected government officials of the City; and
WHEREAS, the Act provides that the City Council shall within sixty (60) calendar days
from the public hearing with respect to any private activity bonds either approve or disapprove the
issuance of such bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY:
1. It is hereby found and determined that the issuance of the Bond and the use of the
proceeds thereof to undertake the Plan of Finance will serve the purposes of the Act by (a)
promoting the safety, health, welfare, convenience and prosperity of the inhabitants of the City
and the Commonwealth of Virginia by enhancing the ability of the Borrower to support its
academic mission, and (b) financing and refinancing "authority facilities" as defined in Section
15.2-4902 of the Act, namely, facilities for private, accredited and nonprofit institutions of
collegiate education in the Commonwealth of Virginia whose primary purpose is to provide
collegiate education and not to provide religious training or theological education, such facilities
being for use as academic or administration buildings or any other structure or application usual
and customary to a college campus other than chapels and their like.
2. To assist the Borrower in executing the Plan of Finance, the Authority hereby
agrees to undertake the issuance of the Bond in the principal amount of $36,000,000, and to
cause the proceeds of the Bond to be loaned to the Borrower upon the terms and conditions set
forth in the Loan Agreement.
3. The Authority hereby recommends to the City Council that it approve the issuance
of the Bond as required by the Code and the Act. The Authority hereby directs the Chairman or
Vice Chairman of the Authority, either of whom may act, to submit to the City Council a fiscal
impact statement in the form prescribed by Section 15.2-4907 of the Act, a reasonably detailed
summary of the comments expressed at the public hearing held at this meeting as required by
Section 15.2-4906 of the Act, and a copy of this Resolution.
4. The Chairman or Vice Chairman, either of whom may act, is hereby authorized and
directed to execute and deliver the Authority Documents other than the Bond, in substantially the
forms presented to the Authority, with such completions, omissions, insertions and changes as may
be approved by the Chairman or Vice Chairman upon advice of counsel to the Authority, the
execution thereof to constitute conclusive evidence of such approval.
5. The Chairman or Vice Chairman of the Authority is hereby authorized and directed
to execute,the Secretary or Assistant Secretary is authorized and directed to affix and attest the seal
of the Authority, and either is authorized and directed to deliver the Bond to the Lender upon the
terms provided in the Authority Documents;provided, however, that delivery of the Bond shall not
occur until the Bond has been approved by the City Council.
6. The officers of the Authority are hereby authorized and directed to execute and
deliver all certificates and instruments, including Internal Revenue Service Form 8038, and to take
2
all such further actions as they may consider necessary or desirable in connection with the issuance
of the Bond and the undertaking of the Plan of Finance.
7. It having been represented to the Authority that it is necessary for the Borrower to
proceed immediately with certain expenditures in connection with the Plan of Finance, the
Authority hereby agrees that the Borrower may proceed with plans, enter into contracts, and take
such other steps as it may deem appropriate in connection with the Plan of Finance and, subject
to the limitations of the Code and the Treasury Regulations promulgated thereunder, the
Borrower may be reimbursed from the proceeds of the Bond for all costs so incurred by it. In
adopting this Resolution, the Authority is making a declaration of its official intent to reimburse
expenditures with the proceeds of the Bond pursuant to Section 1.150-2 of the Treasury
Regulations.
8. All fees, costs and expenses in connection with the Plan of Finance described
herein, including the fees and expenses of the Authority and the fees and expenses of Bond Counsel,
counsel for the Authority, counsel for the Borrower and counsel for the Lender, shall be paid from
the proceeds of the Bond to the extent permitted by law or from funds provided by the Borrower.
If for any reason the Bond is not issued,it is understood that all such fees and expenses shall be paid
by the Borrower and that the Authority shall have no responsibility therefor. If the Bond is issued,
the Borrower shall also pay to the Authority on each anniversary date of the issuance of the Bond
an administrative fee equal to one-eighth of one percent (1/8 of 1%) of the then-outstanding
principal amount of the Bond.
9. The Bond shall be payable solely from the revenues, receipts and other funds
provided by the Borrower for payment of the Bond. The Bond shall not be deemed to constitute a
debt or a pledge of the faith or credit of the Commonwealth of Virginia or any political
subdivision thereof, including the Authority and the City, and neither the Commonwealth of
Virginia nor any political subdivision thereof, including the Authority and the City, shall be
obligated to pay the principal of, premium, if any, or interest on the Bond, or other costs incident
thereto, except from the revenues, receipts and other funds provided by the Borrower. Neither
the faith and credit nor the taxing power of the Commonwealth of Virginia or any political
subdivision thereof, including the Authority and the City, will be pledged to the payment of the
principal of, premium, if any, or interest on the Bond or other costs incident thereto. The
Authority has no taxing power. No covenant, condition or agreement contained in the Bond or in
any financing instrument executed and delivered in connection with the Bond shall be deemed to
be a covenant, agreement or obligation of any past, present or future commissioners, officer,
employee or agent of the Authority in his or her individual capacity, and neither the
commissioners of the Authority nor any officer or employee thereof executing the Bond or any
other financing document or instrument shall be personally liable thereon or subject to any
personal liability or accountability by reason of the issuance or execution thereof.
10. The Loan Agreement provides that the Borrower shall indemnify and save harmless
the Authority, its officers, commissioners, employees, agents and attorneys from and against all
liabilities, obligations, claims, damages, penalties, fines, losses, costs and expenses in any way
connected with the Bond.
3
11. The Authority's role in issuing the Bond shall not constitute an endorsement to any
prospective owner of the Bond as to the creditworthiness of the Borrower or an approval by the
Authority of the Borrower,its policies or its management.
12. All other acts of the officers of the Authority which are in conformity with the
purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bond are
hereby ratified,approved and confirmed.
14. This Resolution shall take effect immediately upon its adoption and shall expire one
year from the date of its adoption unless some or all of the Bond is issued within such time.
The undersigned hereby certifies that the above Resolution was duly adopted by the
commissioners of the City of Virginia Beach Development Authority, at a meeting duly called and
held on May 15, 2018, and that such Resolution has not been repealed, revoked, rescinded or
amended,but is in full force and effect on the date hereof.
Dated: May t` , 2018
Z6VA44^' (07
Assistant Secretary,City of Virginia Beach
Development Authority
4
16463636v3
EXHIBIT D
DISCLOSURE STATEMENT
Date: May 23. 2018
Applicant: Virginia Wesleyan University
All Owners:
(If different from Applicant): None.
Type of Application: $36,000,000 revenue and refunding bond to assist
Applicant in(a)refunding the Authority's Revenue and
Refunding Bond(Virginia Wesleyan College Project),
Series 2012 (the"Series 2012 Bond"), which refinanced
certain university facilities owned by the Borrower and
located at its campus, (b) financing all or a portion of the
costs of acquiring,planning, designing, constructing and
equipping the refurbishment of certain existing university
buildings owned by the Borrower and located at its campus,
(c) financing all or a portion of the costs of issuance of the
Bond, and(d) financing all or a portion of the costs
associated with refunding the Series 2012 Bond, including
the funding of any payment required to terminate the
interest rate swap that was identified as a qualified hedge
for the Series 2012 Bond.
1. The Applicant is a Virginia non-stock corporation with a principal place of
business at 5817 Wesleyan Drive, Virginia Beach, Virginia 23455.
2. The Applicant is the owner of the project contemplated by the bonds.
3. The current Board of Trustees are identified on the attached Schedule A.
VIRGINIA WESLEYAN UNIVERSITY
B�
Y
1(e - A L)I.* Bond Counsel
Schedule A
ri'
VIRGINIA
WESLEYAN
„..4000,
UNIVERSITY
BOARD OF TRUSTEES 2017-2018
David L.Kaufman,Chair
Founder&Senior Managing Director
Envest
Virginia Beach, Virginia
Scott D.Miller,Ph.D.(Ex officio)
President
Virginia Wesleyan University
Virginia Beach, Virginia
Jonathan E.Pruden, Vice Chair
Owner/President
Taste Unlimited, LLC
Norfolk, Virginia
Cynthia M.Rodriguez'14,Secretary
Treasurer
Bay Mechanical, Inc.
Virginia Beach, Virginia
Anne B.Shumadine, Treasurer
Chairman
Signature Financial Management
Norfolk, Virginia
D.Henry Watts H'07 Parliamentarian
Former Chair, VWU Board of Trustees
Retired, Vice Chairman
Norfolk Southern Corporation
Virginia Beach, Virginia
Gary D.Bonnewell '79,Immediate Past Chair
Certified Financial Planner
Norfolk, Virginia
J. Tim Bailey '83 Howard P. Kern
Division President President& CEO
Compass Group/Canteen Sentara Healthcare
Charlotte, North Carolina Norfolk, Virginia
Susan Torma Beverly '72 Sharma D. Lewis (Ex officio)
Retired Principal Presiding Bishop, Richmond Area
Virginia Beach, Virginia United Methodist Church
Glen Allen, Virginia
Nancy T. DeFord, Ph.D.
Vice President, DeFord, Ltd. John F. Malbon
Retired, Superintendent, Park City(Utah) Chairman and CEO
School District PAPCO, Inc.
Virginia Beach, Virginia Virginia Beach, Virginia
O.L.(Butch)Everett Vincent J. Mastracco, Jr.
Director Partner
Jones &Frank Corporation Kaufman and Canoles, P. C.
Norfolk, Virginia Norfolk, iirginia
William H. George Mavis N. McKenley '1 1 (Ex officio)
President/CEO Vice President and Trust Officer
YMCA of South Hampton Roads AMG National Trust Bank
Chesapeake, Virginia Virginia Beach, Virginia
Susan S. Goode Scott D.Miller, Ph.D. (Ex officio)
Community Leader and Volunteer President
Norfolk, Virginia Virginia Wesleyan University
Virginia Beach, Virginia
William W.Granger III
Managing Partner Tassos J. Paphites '79
Granger Investment Properties, LLC Chairman & CEO
Norfolk, Virginia BurgerBusters Inc.
Virginia Beach, Virginia
Mary C. Haddad
President Deborah M. Paxson '75
Louis&Mary Haddad Foundation Judge, Juvenile and Domestic
Suffolk, Virginia Relations Court
City of Virginia Beach
Alexander B. Joyner(Ex officio) Virginia Beach, Virginia
Superintendent, Eastern Shore District
United Methodist Church Robin D. Ray
Parksley, Virginia President
Atlantic Dominion Distributors
Ronald M. Kramer Virginia Beach, Virginia
Former Owner/President
Kramer Tire Company
Norfolk, Virginia
Louis F. Ryan George Y. Birdsong H'16
Retired, Executive Vice President Former Chairman, VWU Board of Trustees
and General Counsel CEO, Birdsong Corporation
Landmark Communications Suffolk, Virginia
Norfolk, Virginia
S. Frank Blocker,Jr.
Alan H. Shaw President, EAD
Executive Vice President Norfolk, Virginia
and Chief Marketing Officer
Norfolk Southern Corporation Joan P. Brock H.10
Norfolk, Virginia Former Chair. VWU Board of Trustees
Former Secretary-Treasurer, Dollar Tree
William S. Shelhorse '70 Stores, Inc.
President Virginia Beach, Virginia
Chesapeake Bay Contractors, Inc.
Virginia Beach, Virginia Thomas C. Broyles
Partner
M. Wayne Snead (Ex officio) Kaufman & Canoles, P.C.
Superintendent, Elizabeth River District Virginia Beach, Virginia
United Methodist Church
Norfolk, Virginia Robert W. Collenberg II '90
President
Lee T. Stevenson '85 The Shutter Door Design & Build, LLC
Chief Operating Officer—North America Virginia Beach, Virginia
Marsh LLC
New York, New York Robert H. DeFord,Jr.
President
Kenneth G.Trinder II DeFord, Ltd.
CEO& President Virginia Beach, Virginia
EDS Systems
Norfolk, Virginia William J. Fanney
Retired Director and Chairman Emeritus
George K.(Chip)Tsantes III '83 Life Savings Bank
McLean, Virginia Virginia Beach, Virginia
Michael J. White '81 Lemuel E. Lewis
President Retired, Executive Vice President
Maersk Line North America and CFO
Florham ParkNJ Landmark Communications
Suffolk, Virginia
As of February 28, 2018
John E. Lingo, Jr.
Vice President
Jack Lingo Realty
Trustees Emeriti Lewes, Delaware
Jane P. Batten H'06
Former Chairman, VWU Board of Trustees
Community Leader and Volunteer
Virginia Beach, Virginia
3
Elizabeth F. Middleton '91
Corporate Secretary, E. G. Middleton, Inc.
Community Leader and Volunteer
Virginia Beach, Virginia
Emily S. Miles
Community Leader and Volunteer
Norfolk, Virginia
William H.Thumel,Jr.
President
Abacus of Hampton Roads
Virginia Beach, Virginia
John A. Trinder
President and COO
MaxMedia, Inc.
Virginia Beach, Virginia
4
EXHIBIT E
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
$36,000,000 REVENUE AND REFUNDING BOND FOR
VIRGINIA WESLEYAN UNIVERSITY
The City of Virginia Beach Development Authority (the "Authority")
recommends approval of the above-captioned financing. Virginia Wesleyan University
continues to promote education, industry, commerce and trade within the City of Virginia
Beach. Financing provided by the Authority will assist the existing educational facility to
remain current in meeting new market demands for its services, maintain its substantial
employment census, increase its revenues and add to the City's economic tax base.
EXHIBIT F
FISCAL IMPACT STATEMENT
SUBMITTED TO THE
CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
The undersigned submits the following information in compliance with Section 15.2-4907 of the Code of Virginia of
1950,as amended,in reliance entirely on information provided by the Applicant:
Name of Applicant: Virginia Wesleyan University
Campus: 4525 Main Street,Suite 700,Virginia Beach,Virginia 23462
1. Maximum amount of financing sought $36,000,000
2. Estimated taxable value of the facility's real property to be
constructed in the locality $N/A
3. Estimated real property tax per year using present tax rates S N/A
4. Estimated personal property tax per year using present
tax rates $N/A
5. Estimated merchants capital tax per year using present
tax rates $N/A
6. (a) Estimated dollar value per year of goods
that will be purchased from Virginia companies
within the locality $8,474,000
(b) Estimated dollar value per year of goods
that will be purchased from non-Virginia companies
within the locality $ 5,061,000
(c) Estimated dollar value per year of services
that will be purchased from Virginia companies
within the locality $5,483,000
(d) Estimated dollar value per year of services
that will be purchased from non-Virginia companies
within the locality $4,062,000
7. Estimated number of regular employees on year round basis 247
8. Average annual salary per employee $70,064
Dated: May 15,2018
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
By'. 'f
Chairn-usn
16463534v1
EXHIBIT G
SUMMARY SHEET
CITY OF VIRGIINA BEACH DEVELOPMENT AUTHORITY
REVENUE AND REFUNDING BOND
1. PROJECT NAME: Virginia Wesleyan University.
2. LOCATION: 1584 Wesleyan Drive, Virginia Beach and Norfolk,
Virginia.
3. DESCRIPTION OF
PROJECT (a) refunding the Authority's Revenue and
Refunding Bond (Virginia Wesleyan College
Project), Series 2012 (the "Series 2012 Bond"),
which refinanced certain university facilities owned
by the Borrower and located at its campus, (b)
financing all or a portion of the costs of acquiring,
planning, designing, constructing and equipping the
refurbishment of certain existing university
buildings owned by the Borrower and located at its
campus, (c) financing all or a portion of the costs of
issuance of the Bond, and(d) financing all or a
portion of the costs associated with refunding the
Series 2012 Bond, including the funding of any
payment required to terminate the interest rate swap
that was identified as a qualified hedge for the
Series 2012 Bond.
4. AMOUNT OF BONDS
TO BE ISSUED: $36,000,000.
5. PRINCIPALS: Board of Trustees, Virginia Wesleyan University,
attached.
6. ZONING CLASSIFICATION:
a. Present zoning of property: R15
b. Is rezoning proposed: No.
EXHIBIT H
VIRGINIA BEACH
E (" (1 ', ( , :..t ! . UE F t rt .. i1E_ �
May 22,2018
Mrs. Dorothy L. Wood
Chair
City of Virginia Beach Development Authority
4525 Main Street, Suite 700
Virginia Beach,VA 23462
Re: Virginia Wesleyan University Revenue and Refunding Bonds
Dear Dot:
The Department of Economic Development concurs with the issuance of revenue and
refunding bonds in an amount not to exceed $36,000,000 for Virginia Wesleyan University. The
issuance of these bonds by the Authority will be in the public interest,will benefit the inhabitants
of the City of Virginia Beach through the promotion of education, safety,health,welfare,
convenience of prosperity and will provide a public benefit to the City by, among other things,
promoting more advanced higher education opportunities in the City of Virginia Beach.
These funds are to be utilized primarily to finance the cost of refunding the Authority's
2012 Bonds and for funding the acquisition,planning, designing,construction and equipping of
certain existing university buildings located on Virginia Wesleyan's campus.
I will be happy to answer any questions you may have at our next meeting.
Sincerely,
�, ;-`.
Mark R. Wawner
Project Development Coordinator
MRW/AWS
4525 Main Street,Suite 700•Virginia Beach,Virginia 23462•ph 757.385.6464 or 800.989.4567•fax 757.499.9894
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49
Item -VI-J.9
ORDINANCES/RESOLUTIONS
ITEM#68181
The following registered to speak:
Barbara Messner, PO Box 514, Phone: 422-1902, spoke in OPPOSITION
Upon motion by Council Lady Wilson, seconded by Vice Mayor Wood, City Council ADOPTED,
Resolution to DIRECT the City Attorney to file a Petition for a Writ of Special Election re vacancy in
Centerville District
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
June 5, 2018
1 A RESOLUTION TO DIRECT THE CITY ATTORNEY TO
2 FILE A PETITION FOR A WRIT OF SPECIAL ELECTION
3
4 WHEREAS, Councilmember Robert Dyer, Centerville District, was elected for a
5 term that ends December 31, 2020;
6
7 WHEREAS, Councilmember Dyer, pursuant to City Charter § 3.02:2, has
8 tendered his resignation as councilmember effective December 31, 2018 in order to run
9 for the Office of Mayor, which will be filled by special election on November 6, 2018;
10
11 WHEREAS, Code of Virginia § 24.2-226 requires the governing body to petition
12 its circuit court for a Writ of Special Election to fill the remaining portion of the term of
13 office for a member of the City Council when that member's term of office ends in a year
14 other than the year for which a general election to fill the vacancy occurs; and
15
16 WHEREAS, the next general election available to fill the Office of
17 Councilmember for the Centerville District is November 6, 2018.
18
19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21
22 That the City Council directs the City Attorney to file a Petition for a Writ of
23 Special Election in the Circuit Court for the purpose of filling the vacancy in the Office of
24 Councilmember, Centerville District for a term ending December 31, 2020, and requests
25 such special election to be held November 6, 2018.
Adopted by the City Council of the City of Virginia Beach, Virginia, this 5th day
of June , 2018.
APPROVED AS TO LEGAL SUFFICIENCY:
'City Attorney's Office
CA14438
R-3
May 29, 2018
0141.A$ X45'
Ok t
/
City of Vir iriia I fa
g9ts S 05"
OF OUR NA:n0N
BOB DYER PHONE (757)467-3130
COUNCILMAN-DISTRICT 1-CENTERVILLE CELL (757)749-4659
BDYER@VBGOV.COM
May 18, 2018
TO: Honorable Mayor Louis Jones and city council members
FROM: Bobby Dyer, Councilman, District 1—Centerville
RE: Resignation pending outcome of November 2018 elections
Distinguished colleagues:
Please be advised that I am officially declaring my candidacy for the upcoming November election for
mayor. Given the requirements of such I tender my resignation effective December 31, 2018 if the event
I do not succeed to be elected mayor. I realize that the action is irrevocable.
Thank you
Bobby Dyer
D5-1 8- 1 % P94 : 20 I
1668 LAKE CHRISTOPHER DRIVE,VIRGINIA BEACH,VA 23464
50
Item -VI-J.10
ORDINANCES/RESOLUTIONS
ITEM#68182
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Memorandum
of Agreement (MOA)for the contribution of funds to the Department of the Army re Sandbridge Beach
Nourishment
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
June 5, 2018
1 AN ORDINANCE AUTHORIZING THE EXECUTION
2 OF A MEMORANDUM OF AGREEMENT FOR THE
3 CONTRIBUTION OF FUNDS TO THE DEPARTMENT
4 OF THE ARMY FOR SANDBRIDGE BEACH
5 NOURISHMENT
6
7 WHEREAS, by adoption of the Sandbridge Beach Restoration project in its FY
8 95-96 Capital Improvement Program, and each year subsequent, the City Council has
9 endorsed the concept of long-term planning for beach nourishment at Sandbridge
10 Beach (the "Project"); and
11
12 WHEREAS, City funds for construction of the Project are to be derived from the
13 Sandbridge Special Service District and the Sandbridge Tax Increment Financing
14 District established in FY 94-95 and FY 98-99, respectively; and
15
16 WHEREAS, the United States Congress amended the U.S. Code to allow a
17 political subdivision to contribute all of the funds to the Department of the Army for a
18 project such as the Project; and
19
20 WHEREAS, the current estimated City contribution for the Project is
21 $21,500,000; and
22
23 WHEREAS, the periodic replenishment of Sandbridge Beach serves many public
24 interests including the protection of property, the enhancement of the City's natural
25 resources, and the encouragement of commerce and tourism.
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA, THAT:
29
30 The City Manager is hereby authorized and directed to execute a Memorandum
31 of Agreement for the Contribution of Funds in the amount of $21,500,000 with the
32 Department of the Army for the construction of beach nourishment at Sandbridge
33 Beach, a copy of the material terms of this agreement is attached hereto and
34 incorporated.
Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day
of June , 2018.
APPRO ' AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
ublic Works City AtAttorney
CA 14441
R-1
May 23, 2018
Summary of Material Terms
Memorandum of Agreement for the Contribution of Funds
Sandbridge Beach Renourishment
Parties: Department of the Army (the "Government")
City of Virginia Beach (the "City")
Purpose: Contribution of funds for Sandbridge Beach Renourishment (the "Project")
City's
Obligation: 1. To provide $21,500,000 to pay costs associated with the Project.
2. Within thirty(30) calendar days of execution of the MOA, the City shall
provide the funds to the Government by delivering a check payable to
"FAO, USAED Norfolk District" to the District Engineer or providing an
Electronic Funds Transfer of such funds in accordance with procedures
established by the Government.
Government's
Obligation: 1. To provide the City with quarterly reports of obligations for the Project.
The first such report shall be provided within thirty(30) calendar days after
the final day of the first full quarter of the Government fiscal year following
receipt of funds pursuant to this MOA. Subsequent reports shall be
provided within thirty (30) calendar days after the final day of each
succeeding quarter until the Government concludes the Project.
2. Upon conclusion of the Project and resolution of all relevant claims and
appeals, the Government shall conduct a final accounting of the costs of
such work and furnish the City with written notice of the results of such
final accounting. If the costs of the Project are less than the sum of the
amount of funds provided by the City, the Government shall refund the
excess to the City within thirty (30) calendar days of such written notice.
Project
Coordination: Representatives of the Army's District Engineer and the City will
coordinate to oversee the Project.
Indemnification: As required in previous coordination agreements,the City will agree to hold
the Government harmless from all damages arising from the Project except
for damages due to the fault or negligence of the Government or its
contractors.
51
Item -VI-J.11
ORDINANCES/RESOLUTIONS
ITEM#68183
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Deed of
Release and Exchange pertaining to an Agriculture Lands Preservation (ARP) easement located on land
of Kellye Suzanne Vaughan,Rebekah V. and James T.Albert and Mark E. Vaughan
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
June 5, 2018
1 AN ORDINANCE AUTHORIZING AND
2 DIRECTING THE CITY MANAGER TO
3 EXECUTE A DEED OF RELEASE AND
4 EXCHANGE PERTAINING TO AN
5 AGRICULTURAL LANDS PRESERVATION
6 EASEMENT LOCATED ON LANDS OF KELLYE
7 SUZANNE VAUGHAN, REBEKAH V. AND
8 JAMES T. ALBERT, AND MARK E. VAUGHAN
9
10 WHEREAS, on August 28, 2002,the City of Virginia Beach(the"City")and Edward
11 L.Vaughan ("Vaughan")entered into Installment Purchase Agreement Number 2002-48,
12 whereby the City acquired an Agricultural Lands Preservation Easement (the
13 "Preservation Easement") on property owned by Vaughan (the "Property");
14
15 WHEREAS, as part of the aforesaid transaction, Vaughan reserved two portions of
16 the Property, each consisting of 3.0 acres, more or less, for future development sites(the
17 "Easement Exceptions"), which are not encumbered by the Preservation Easement;
18
19 WHEREAS, Vaughan died on November 7, 2009 and the Property was devised to
20 his heirs, including Kellye V. Gentry, now known as Kellye Suzanne Vaughan ("Kellye
21 Vaughan");
22
23 WHEREAS, in 2012, the Property was subdivided to create Lots A, B, and C;
24
25 WHEREAS, Lots A & B were the Easement Exceptions, and Lot C was
26 encumbered by the Preservation Easement;
27
28 WHEREAS, in 2013, Lot C was further subdivided into Lots C-1, C-2, C-3 and C-4,
29 all of which remain encumbered by the Preservation Easement;
30
31 WHEREAS, Kellye Vaughan, the current owner of Lot C-2, and Mark E. Vaughan,
32 the current owner of Lot C-1, desire that the City release a portion of their Lots, consisting
33 of a total of three(3)acres, from the Preservation Easement(collectively, the "Relocated
34 Easement Exception Site");
35
36 WHEREAS, in exchange for releasing the Relocated Easement Exception Site from
37 the Preservation Easement, Rebekah V.Albert and James T.Albert,the current owners of
38 Lot A, desire to encumber Lot A with the Preservation Easement;
39
40 WHEREAS, pursuant to Section 11 of the Agricultural Lands Preservation
41 Ordinance (hereinafter "Ordinance"), a landowner may petition the City Council for the
42 extinguishment of a Preservation Easement in exchange for the conveyance to the City of
43 a Preservation Easement on a different portion of the landowner's property, under certain
44 conditions set forth in the Ordinance;
45
46 WHEREAS, the Ordinance provides that the City Council shall approve such an
47 exchange if it makes certain findings enumerated in the Ordinance; and
48 WHEREAS, the City Council does hereby make such findings, to-wit:
49
50 (1) the acquisition of the proposed Preservation Easement in lieu of the existing
51 Preservation Easement does not adversely affect the City's interests in accomplishing the
52 purposes of the Ordinance;
53
54 (2) the proposed Preservation Easement areas meet all of the eligibility
55 requirements set forth in Section 7 of the Ordinance;
56
57 (3) the land to be encumbered by the proposed Preservation Easement is of at
58 least equal fair market value, is of greater value as permanent open space, and of as
59 nearly as feasible equivalent usefulness and location for use as permanent open-space
60 land as the property on which the existing Preservation Easement is located; and
61
62 (4) the consideration for the acquisition of the new Preservation Easement
63 consists solely of the extinguishment of the existing Preservation Easement.
64
65 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
66 OF VIRGINIA BEACH:
67
68 That subject to the determination of the City Attorney that there are no defects in
69 title to the property to be restricted by the Preservation Easement or other restrictions or
70 encumbrances thereon which may, in the opinion of the City Attorney,adversely affect the
71 City's interests, the City Manager is hereby authorized and directed to execute a Deed of
72 Release and Exchange pursuant to which the City releases the existing Preservation
73 Easement on portions of Lots C-1 and C-2, as shown on Exhibit A attached hereto, and
74 incorporated herein, and acquires, in exchange therefore, land equal in area to be
75 restricted by the Preservation Easement, as shown on Exhibit B attached hereto, and
76 incorporated herein.
77
78 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 5 t hday
79 of June , 2018.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
pt. of.Agriculture City Attorney
CA14230
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52
Item -VI-J.12
ORDINANCES/RESOLUTIONS
ITEM#68184
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE $279,000 in local revenue to the FY2017-18 Department of
Finance Operating Budget re Stop Program
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
June 5, 2018
1 AN ORDINANCE TO APPROPRIATE $279,000 IN
2 LOCAL REVENUE TO THE FY 2017-18 OPERATING
3 BUDGET OF THE DEPARTMENT OF FINANCE FOR
4 THE STOP PROGRAM
5
6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
8
9 That $279,000 is hereby appropriated to the FY 2017-18 Operating Budget of
10 the Department of Finance, with revenue from DMV Reimbursement increased
11 accordingly, to fund the City's participation cost in the Virginia Department of Motor
12 Vehicle's Registration Withholding (Stop) Program.
Adopted by the Council of the City of Virginia Beach, Virginia on the 5th
day of June , 2018.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
/ ' i" i �
Budget and Management Services City rney's Office
CA14435
R-1
May 18, 2018
53
Item -VI-113a
ORDINANCES/RESOLUTIONS
ITEM#68185
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE $2,500 to Parks and Recreation re Cigarette
Litter Prevention Program at Little Island Park
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
June 5, 2018
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A
2 GRANT FROM KEEP AMERICA BEAUTIFUL FOR A
3 CIGARETTE LITTER PREVENTION PROGRAM AT
4 LITTLE ISLAND PARK
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
9 A $2,500 grant from Keep America Beautiful is hereby accepted and
10 appropriated, with local revenue increased accordingly, in the Parks and Recreation FY
11 2017-18 Operating Budget for a Cigarette Litter Prevention Program at Little Island
12 Park.
Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day
of June , 2018.
Requires the affirmative vote of a majority of all the members of the City Council.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY
14
I
Budget and Ma agement Services City-Att fney's Office
CA14442
R-1
May 23, 2018
54
Item -VI-113b
ORDINANCES/RESOLUTIONS
ITEM#68186
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE $36,305 to Emergency Medical Services
(EMS) re Support Rescue Squad Operations and Training
Voting.• 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
June 5, 2018
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS
2 TO SUPPORT RESCUE SQUAD OPERATIONS AND
3 TRAINING
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA THAT:
7
8 The following revenues from the following sources are hereby accepted and
9 appropriated to the FY 2017-18 Operating Budget of the Department of Emergency
10 Medical Services, with estimated revenues increased accordingly, to purchase additional
11 instructional materials and training equipment and to remit payments from special event
12 organizers to the respective Volunteer Rescue Squads for provision of standby services at
13 past special events:
14
15 1) $484 received from the Virginia Department of Health, Office of Emergency
16 Medical Services Four-for-Life Return to Localities Grant Program;
17
18 2) $19,418 generated by the Department of Emergency Medical Services'
19 training classes
20
21 3) $16,403 received from special events organizers to remit to various Volunteer
22 Rescue Squads for stand-by duty previously provided at special events.
Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day
of June 2018.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
1 /
zi
Budget ancManagement Services -City�
trney's Office
CA14383
R-1
May 18, 2018
55
Item -VI-J.13c
ORDINANCES/RESOLUTIONS
ITEM#68187
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE $50,000 to Housing and Neighborhood
Preservation re Residential Design Professional Services
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
June 5, 2018
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A
2 COMMUNITY IMPACT GRANT FOR RESIDENTIAL DESIGN
3 PROFESSIONAL SERVICES FROM THE VIRGINIA
4 HOUSING DEVELOPMENT AUTHORITY
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
9 $50,000 in funds from the Virginia Housing Development Authority are hereby
10 accepted and appropriated, with revenues increased accordingly, to the FY 2017-18
11 Operating Budget of the Department of Housing and Neighborhood Preservation to
12 develop and make available design options that can be used by homeowners, builders
13 and developers for remodeling and new construction within revitalization pilot project
14 neighborhoods.
Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day
of June 2018.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget & Management Services -- City orney s Office
CA14436
R-1
May 18, 2018
56
Item -VI-J.14
ORDINANCES/RESOLUTIONS
ITEM#68188
The following registered to speak:
Barbara Messner, PO Box 514, Phone: 422-1902, spoke in OPPOSITION
Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council ADOPTED,
Ordinance to TRANSFER $152,672 within the FY2017-18 Convention and Visitors Bureau Operating
Budget re purchase of two (2) shuttles for the Sports Center
Voting: 8-2
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Barbara M. Henley, Mayor
Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson,
and Vice Mayor James L. Wood
Council Members Voting Nay:
Robert M.Dyer
John D. Moss
Council Members Absent:
None
June 5, 2018
1 AN ORDINANCE TO TRANSFER FUNDS WITHIN
2 THE FY 2017-18 OPERATING BUDGET OF THE
3 CONVENTION AND VISITORS BUREAU TO
4 PURCHASE SHUTTLES FOR THE SPORTS CENTER
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 That $152,672 is transferred within the FY 2017-18 Operating Budget of the
10 Convention and Visitors Bureau for the purchase of two shuttles.
11
12
Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day
of June , 2018.
Requires an affirmative vote by a majority of all of the member of City Council.
Approved as to Content Approved as to Legal
Sufficiency
Management Services City Attorney's Offi f
57
Item -VI-K.1
PLANNING
ITEM#68189
1. WILLIS FAMILY PARTNERSHIP CHANGE OF NONCONFORMITY
2. EVERGREEN VIRGINIA,LLC MODIFICATION OF CONDITIONS
3. SXCW PROPERTIES II,LLC CONDITIONAL USE PERMIT
4. SHORT TERM RENTALS
ITEM#3 WITHDRAWN BY APPLICANT
ITEM#4 WILL BE CONSIDERED FOR DEFERRAL TO JULY 3, 2018
June 5, 2018
58
Item—VI-K
PLANNING ITEM#68190
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED, BY
CONSENT:Agenda Items 1, 2, and 3 (WITHDRAWAL)
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
June 5, 2018
59
Item—VI-K.1.
PLANNING
ITEM#68191
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED, AS
CONDITIONED, BY CONSENT,Application of WILLIS FAMILY PARTNERSHIP for a Change of
Nonconformity re reduction of ten (10)legally conforming units at 318&320 34`x'Street(Deferred from
May 15, 2018)DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of WILLIS FAMILY PARTNERSHIP for
a Change of Nonconformity re reduction of ten (10) legally conforming
units at 318 & 320 34th Street (GPINs 2418926937, 2418925993)
(Deferred from May 15, 2018)DISTRICT 6—BEACH
The following conditions shall be required:
1. When the site is developed, it shall be in substantial conformance with the submitted site
layout exhibit entitled, "34`x` STREET AND ARCTIC AVE APARTMENTS,
CONCEPTUAL LAYOUT, "dated April 3, 2018, revised May 10, 2018, and prepared by
Timmons Group, which has been exhibited to the Virginia Beach City Council and is on
file in the Department of Planning and Community Development.
2. The exterior of the proposed buildings shall substantially adhere in appearance, size and
materials to the elevations entitled, "34`J' AND ARCTIC MULTIFAMILY," dated
February 14, 2018, and prepared by Retnauer Baynes Associates, LLC, which have been
exhibited to the Virginia Beach City Council and are on file in the Department of
Planning and Community Development. The exterior siding material above the brick
skirt shall be cement fiberboard. No vinyl siding shall be installed on the exterior of the
building.
3. The installation of plant material shall be, at a minimum, as depicted on the Landscape
Plan entitled, "34`h STREET AND ARCTIC AVE APARTMENTS, CONCEPTUAL
PLANTING PLAN " dated April 3, 2018, revised May 10, 2018, and prepared by
Timmons Group, which has been exhibited to the Virginia Beach City Council and is on
file in the Department of Planning and Community Development.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of June, Two
Thousand Eighteen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
June 5, 2018
1 A RESOLUTION AUTHORIZING THE RECONSTRUCTION
2 OF NONCONFORMING STRUCTURES ON PROPERTY
3 LOCATED AT 318 AND 320 34TH STREET
4
5 WHEREAS, the Willis Family Partnership, (hereinafter the "Applicant") has made
6 application to the City Council for authorization to reconstruct nonconforming structures
7 located at 318 and 320 34th Street in the A-24 Apartment Zoning District, by the
8 reconstruction of 10 nonconforming apartment units into 9 apartment units located on
9 the parcels; and
10
11 WHEREAS, these parcels currently contain apartments that exceed the density
12 and that encroach into the required setbacks; and
13
14 WHEREAS, the apartments were built prior to the adoption of the applicable
15 zoning regulations and are therefore nonconforming; and
16
17 WHEREAS, the Planning Commission of the City of Virginia Beach
18 recommended approval of this application on April 11, 2018; and
19
20 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
21 reconstruction of nonconforming structures is unlawful in the absence of a resolution of
22 the City Council authorizing such action upon a finding that the proposed structures, as
23 reconstructed, will be equally appropriate or more appropriate to the zoning district than
24 are the existing structures.
25
26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28
29 That the City Council hereby finds that the proposed structures, as reconstructed,
30 will be equally appropriate to the district as are the existing nonconforming structures
31 under the conditions of approval set forth herein below.
32
33 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
34 BEACH, VIRGINIA:
35
36 That the reconstruction of the nonconforming structures is hereby authorized,
37 upon the following conditions:
38
39 1. When the site is developed, it shall be in substantial conformance with
40 the submitted site layout exhibit entitled "34th STREET AND ARCTIC
41 AVE APARTMENTS, CONCEPTUAL LAYOUT," dated April 3, 2018,
42 revised 5/10/18, and prepared by Timmons Group, which has been
43 exhibited to the Virginia Beach City Council and is on file in the
44 Department of Planning and Community Development.
45
46 2. The exterior of the proposed buildings shall substantially adhere in
47 appearance, size and materials to the elevations entitled, "34th AND
48 ARCTIC MULTIFAMILY," dated 2/14/2018, and prepared by Retnaur
49 Baynes Associates, LLC, which have been exhibited to the Virginia
50 Beach City Council and are on file in the Department of Planning and
51 Community Development. The exterior siding material above the brick
52 skirt shall be cement fiberboard. No vinyl siding shall be installed on
53 the exterior of the building.
54
55 3. The installation of plant material shall be, at a minimum, as depicted on
56 the Landscape Plan entitled, "34th STREET AND ARCTIC AVE
57 APARTMENTS, CONCEPTUAL PLANTING PLAN," dated April 3,
58 2018, revised 5/10/18, and prepared by Timmons Group, which has
59 been exhibited to the Virginia Beach City Council and is on file in the
60 Department of Planning and Community Development.
61
Adopted by the Council of the City of Virginia Beach, Virginia, on the Stn day
of June , 2018.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
•
-7/‘ -
, t ,� i,� �� I '
Barry Frankenfield B. Kay Wils•-
Planning and Community City Attorney'O' 'ce
Development
CA14356
R-4
May 15, 2018
2
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60
Item—VI-K2.
PLANNING
ITEM#68192
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED,AS
MODIFIED, BY CONSENT,Application of EVERGREEN VIRGINIA,LLC for Modification of
Conditions re motor vehicle sales, rentals, repair and car wash at 296 Kings Grant Road and 2981,
3001, 3025, & 3033 Virginia Beach Boulevard(Approved October 17, 2017)DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of EVERGREEN VIRGINIA, LLC for
Modification of Conditions re motor vehicle sales, rentals, repair and
car wash at 296 Kings Grant Road and 2981, 3001, 3025, & 3033
Virginia Beach Boulevard (GPINs 1497156395, 1497253405,
1497252343, 1497250372, 1497158417) (Approved October 17, 2017)
DISTRICT 6—BEACH
The following conditions shall be required:
1. The conditions of the 1995, 1998 and 2000 Conditional Use Permits for Motor Vehicle
Sales and Repair for the properties at 2981, 3001 and 3025 Virginia Beach Boulevard,
shall remain in effect.
2. The conditions of the October 17, 2017, Modification of Conditions to the Conditional
Use Permit for Motor Vehicle Sales, Rentals & Repair and Car Wash Facility approval
on the portion of the site located at 3033 Virginia Beach Boulevard shall be deleted and
replaced with the conditions below for the portion of the site at 296 Kings Grant Road
and 3033 Virginia Beach Boulevard.
3. The development and landscaping of the site shall substantially conform with the
submitted layout entitled "Conceptual Site Layout& Landscape Plan of Checkered Flag
Jaguar-Land Rover 3033 Virginia Beach Blvd. Virginia Beach, VA, "prepared by MSA,
P.C., dated January 26, 2018, and annotated "MSA PROJ #14088C, " which has been
exhibited to the Virginia Beach City Council and are on file with the Department of
Planning and Community Development.
4. Architectural design and colors shall conform with the "Schematic Drawings for
Checkered Flag Jaguar/Land Rover 3033 Virginia Beach Boulevard, Virginia Beach, VA
23452, "prepared by Covington Hendrix Anderson, dated May 18, 2017. Said elevations
have been exhibited to the Virginia Beach City Council and are on file with the
Department of Planning and Community Development.
5. The spaces for display of motor vehicles shall be clearly marked as depicted on the
submitted site layout. Customer parking within the areas shown on the Site Layout
Exhibit referenced in Condition 1 above shall be clearly marked by sign or pavement
markings as such and shall not be used for the display of vehicles for sale.
6. Vehicles shall not be displayed on platforms or elevated above the parking lot.
7. All motor vehicle repairs and painting shall take place inside the building.
June 5, 2018
61
ITEM#68192
(Continued)
8. No outside storage of vehicles in a state of obvious disrepair, equipment, parts, tires, or
materials shall be permitted.
9. No outside paging or amplified music system shall be permitted.
10. The building signage shall not be a "box sign, "but rather either externally lit or
constructed of raceway-mounted channel letters with L.E.D. illumination. There shall be
no neon or electronic display signs or accents installed on any wall area of the exterior
of the building or on the doors. No window signage or portable or nonstructural signs
shall be permitted. Any on-site signage for the automobile sales operation shall meet the
requirements of the City Zoning Ordinance.
11. No additional freestanding signage should be installed on Kings Grant Road or on the lot
at 296 Kings Grant Road, GPIN 1497156395.
12. There shall be no decorative pennants, strings of light bulbs, spinners, feather flags,
ribbons, streamers, air dancers, inflatables or other similar advertising items located on
the site.
13. Use of the car wash by the general public shall not be permitted.
14. All vehicles delivered to the site must be off-loaded on the site. The delivery vehicle shall
not be permitted to back into the site from Kings Grant Road or Virginia Beach
Boulevard, nor shall it impede the normal flow of traffic at any time.
15. All new light fixtures on site shall be no taller than fourteen (14)feet in height.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of June, Two
Thousand Eighteen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
June 5, 2018
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62
Item—VI-K.3.
PLANNING
ITEM#68193
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ALLOWED
WITHDRAWAL,BY CONSENT, of the Application of SXCW PROPERTIES II,LLC for a Conditional
Use Permit re car wash and automobile service station at 3264 Holland Road(Deferred from November
7, 2017)DISTRICT 3—ROSE HALL
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
June 5, 2018
63
Item—VI-K.4a/b/c/d/e/f/g
PLANNING
ITEM#68194
The following individual registered to speak:
Jean Davis, 2972 Sand Bend Road, Phone: 703-216-1335
Andrew Roper, 3020 Sand Bend Road, Phone: Did not respond
Elaine Fekete, 3012 Sand Bend Road, Phone: 435-6965
Donna Watson, 3213 Little Island Road, Phone: 689-8928
Lawrence Horvath, 2505 Indian Hill Road, Phone:284-1842
Charlie Kelly, 3316 Sandfiddler Road, Phone: 355-2233
Shawn Brown, 3341 Weeping Willow Lane, Phone: 313-523-0040
Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council DEFERRED TO JULY 3,
2018: Ordinances re Short Term Rentals:
a. AMEND Sections 102, 111, 401, 501, 601, 901, 1110,1125, 1521 and 2203 of
the City Zoning Ordinance (CZO) and Section 5.2 of the Oceanfront Resort
District Form-Based Code and ADD Sections 209.6 and 241.2 of the CZO
pertaining to Definition, Requirements and Use of Home Sharing and Short Term
Rentals (Alternative 1)
b. ADD Article 23, Consisting of Sections 2300 through 2303 (Short Term Rental
Overlay District) to the CZO, establishing regulations and requirements
pertaining to Short Term Rentals (Alternative 1)
c. AMEND the Official Zoning Map by the designation and incorporation of
property into the Short Term Rental Overlay District(Alternative 1)
d. AMEND Sections 111, 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the
CZO and Section 5.2 of the Oceanfront Resort District Form-Based Code and
ADD Sections 209.6 and 241.2 of the CZO pertaining to the Definition,
Requirement and Use of Home Sharing and Short Term Rentals (Alternative 2)
e. AMEND Sections 111, 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the
CZO and Section 5.2 of the Oceanfront Resort District Form-Based Code and
ADD Section 209.6 and 241.2 of the CZO pertaining to the Definition,
Requirements and Use of Home Sharing and Short Term Rentals (Planning
Commission Version of Alternative 2)
f AMEND Sections 111, 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the
CZO and Section 5.2 of the Oceanfront Resort District Form-Based Code and
ADD Sections 209.6 and 241.2 of the CZO pertaining to the Definition,
Requirements and Use of Accessory Use-Short Term Rentals (Alternative 3)
June 5, 2018
64
Item—VI-K.4a/b/c/d/e/f/g
PLANNING
ITEM#68194
(Continued)
g. AMEND Sections 111, 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the
CZO and Section 5.2 of the Oceanfront Resort District Form-Based Code and
ADD Section 209.6 of the CZO pertaining to the Definition, Requirements and
Use of Accessory Use-Short Term Rentals (Planning Commission Version of
Alternative3)
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
*Councilman Uhrin and Council Lady Wilson filed Disclosure's dated March 6, 2018
June 5, 2018
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JOHN E UHRIN PHONE. (757)200-7005
COUNCILMAN-DISTRICT 6-BEACH JUHRIN@VBGOV.COM
Refer to File No. 0062480
March 6, 2018
Mrs. Amanda Barnes
City Clerk's Office
Municipal Center
Virginia Beach,Virginia 23456
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H),
Code of Virginia, I make the following declarations:
1. I am making this written disclosure regarding City Council's discussion and vote
on proposed alternative amendments to the City Zoning Ordinance pertaining to
home sharing and short-term rentals.
2. Regulation of peer-to-peer hospitality services could impact hotel and motel owners
and employees.
3. I am an employee of Burlage Management Corporation, which is located at 801
Atlantic Avenue in Virginia Beach. Burlage Management Corporation owns hotels
in the City.
4. I am a member of a business, profession or occupation, namely Resort Area
hoteliers. If amendments are made to the Zoning Ordinance, all members of this
profession may be affected by the amendments.
5. Although the City Attorney has advised me that with respect to this transaction,any
benefit or detriment to Burlage Management Corporation is speculative and
therefore the Act provides that I may participate in this transaction without
restriction, I nevertheless have chosen to disclose this potential interest and state
215 ATLANTIC AVENUE VIRGINIA BEACH VIRGINIA 23451
Mrs. Amanda Barnes -2- March 6, 2018
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H)
that I am able to participate in this transaction fairly, objectively, and in the public
interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and
2.2-3115(H).
I respectfully request that you record this declaration in the official records of City Council.
Thank you for your assistance in this matter.
Sincerely, J/
7
Jyhn�E. Uhrin
Councilmember
JEU/RRI
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BEA •�
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ROSEMARY WILSON PHONE (757)422-0733
COUNCIL LADY AT-LARGE FAX (757)385-5669
Refer to File No.0062484
March 6, 2018
Mrs. Amanda Barnes
City Clerk's Office
Municipal Center
Virginia Beach,Virginia 23456
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H),
Code of Virginia, I make the following declarations:
1. I am making this written disclosure regarding City Council's discussion and vote
on proposed alternative amendments to the City Zoning Ordinance pertaining to
home sharing and short-term rentals.
2. Regulation of peer-to-peer hospitality services could impact short-term rental
providers and property management services providers, including Howard Hanna
Real Estate Services("Howard Hanna"), whose Oceanfront office is located at 303
34th Street Suite 102, Virginia Beach, VA 23451.
3. I am a real estate agent affiliated with Howard Hanna,and I have a personal interest
in the company because I receive commissions from the company. The only
income I receive from Howard Hanna is my own commissions from my own sales.
I do not personally provide property management services.
4. I am a member of a business, profession or occupation, namely real estate service
providers that also provide property management services. If amendments are
made to the Zoning Ordinance, all members of this profession may be affected by
the amendments.
921 ATLANTIC AVENUE,UNIT 502.VIRGINIA BEACH,VA 23451
Mrs. Amanda Barnes -2- March 6, 2018
Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(H)
5. Although the City Attorney has advised me that with respect to this transaction,any
benefit or detriment to Howard Hanna is speculative and therefore the Act provides
that I may participate in this transaction without restriction, I nevertheless have
chosen to disclose this potential interest and state that I am able to participate in
this transaction fairly,objectively, and in the public interest in accordance with the
provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2-3115(H).
I respectfully request that you record this declaration in the official records of City Council.
Thank you for your assistance in this matter.
Sincerely,
Rosemary A. ilson
Councilmember
RAW/RRI
65
ITEM VI-L.
APPOINTMENTS
ITEM#68195
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
2040 VISION TO ACTION COMMUNITY COALITION
ARTS AND HUMANITIES COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
BIKEWAY AND TRAILS ADVISORY COMMITTEE
BOARD OF BUILDING CODE APPEALS—ELECTRICAL DIVISION
COMMUNITY SERVICES BOARD
GREEN RIBBON COMMITTEE
HAMPTON ROADS NORFOLK AND VIRGINIA BEACH JOINT LAND USE STUDY POLICY
COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HISTORIC PRESERVATION COMMISSION
HISTORICAL REVIEW BOARD
MINORITY BUSINESS COUNCIL
OLD BEACH DESIGN REVIEW COMMITTEE
SOCIAL SERVICES BOARD
STORMWATER APPEALS BOARD
June 5, 2018
66
Item -VI-M
ADJOURNMENT
ITEM#68196
Mayor Louis R. Jones RECESSED the Formal Session at 7:18 P.M
June 5, 2018
67
OPEN DIALOGUE
The following individuals registered to speak:
William Bailey, 211 24th Street, Phone: 288-5761, spoke in support of the Virginia Beach Fire Fighters
Mr. Durant did not respond.
Jason Harvey, 5120 Rushmere Drive, Phone: 760-668-2152, expressed concern regarding the limitations
of the Handy Ride and other public transportation.
Tim Worst declined to speak.
THE OPEN DIALOGUE CONCLUDED AT 7:25 P.M.
Mayor Jones DECLARED City Council in RECESS to RECONVENE the Closed Session.
June 5, 2018
68
CERTIFICATION
ITEM#68197
Mayor Jones RECONVENED the Open Session at 7:55 P.M.
Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, 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: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara
M Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
June 5, 2018
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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#68165 Page 31 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.
,1
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Tn. m a Barneg,M C
City Clerk June 5, 2018
69
ADJOURNMENT
ITEM#68198
Mayor Louis R. Jones, DECLARED the City Council Meeting ADJOURNED at 7:57 P.M.
Are, _.10110111.
AFIS". 14t,s
Chief Deputy C. Clerk
,' )
Aidli# es,MMC ' Louis R. Jones
City Clerk Mayor
City of Virginia Beach
Virginia
June 5, 2018