HomeMy WebLinkAboutSEPTEMBER 20, 2016 MINUTESVIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 20, 2016
Mayor William D. Sessoms, Jr., called to order the City Council's Briefings on the DEVELOPMENT
AUTHORITY'S, ANNUAL REPORT in the City Council Conference Room, Tuesday, September 20,
2016, at 2:30 P.M
Council Members Present:
M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
2
CITY COUNCIL'S BRIEFINGS
DEVELOPMENTAUTHORITY
ANNUAL REPORT
ITEM #66317
2:30 P.M.
Mayor Sessoms welcomed Dorothy Wood, Chair — Virginia Beach Development Authority. Ms. Wood
expressed her appreciation to the City Council and City Stafffor their continued support:
Ms. Wood recognized Warren Hams and the entire Economic Development Department for the
tremendous job they do. The City Council has charged the Development Authority with expanding the
City's Commercial Tax Base and work with companies to create new jobs with strong salaries. -
.I I ,G.,
MICHAEL A
LEVINSON
PETER A MUELLER
.All. L REAL.
STEPHEN J
MCHULTY
ROBERT L NICHOLSON
September 20, 2016
3
CITY COUNCIL'S BRIEFINGS
DEVELOPMENTAUTHORITY
ANNUAL REPORT
ITEM #66317
(Continued)
Mrs. Wood advised The Authority assisted more than thirty-eight (38) companies in creating nearly 1, 600
new jobs and investing over $372 -Million in the City. Over the past year, the City's unemployment rate
dropped by almost ''% of a percent while the median household income increased by $3,300 since 1014:
The Economic Development Incentive Program ("EDIP') is a major factor in the City's ability to
compete in the economic market as well as the ability to induce the issue of 1= -free Industrial Revenue
Bonds:
BI G DEALS THAT MADE THIS A $66,o00average EDIPawa,E
SWEET'16 (Parts N&Q
$85 MILLION OF INDUSTRIAL REVENUE BONDS
TO WESTMINSTER UNTERBDRV
SINCE 1913 $1.5 BILLION IN REVENUE BONDS
September 20, 2016
EXPANSIONS
NEINLOCATIONS
1
7s comeal
T
1,588 860K
$372 38F
DnRmnimm n,R re
Y
iuiy 1016 3.s%)Cn
a.6%�RegZn
as%(fine)
1u1y 1015 L3%)�Ry)
S.OM �RlRXM)
6.$%)$tile)
"a"', Na"a"a" nCome:
1016 $66,215 (Cray)
$ ,S6t)Reion)
$saja)D$)
1010 $62,5911 (Co)
$S6p31(Rgion)
$.62Yi)DSl
The Economic Development Incentive Program ("EDIP') is a major factor in the City's ability to
compete in the economic market as well as the ability to induce the issue of 1= -free Industrial Revenue
Bonds:
BI G DEALS THAT MADE THIS A $66,o00average EDIPawa,E
SWEET'16 (Parts N&Q
$85 MILLION OF INDUSTRIAL REVENUE BONDS
TO WESTMINSTER UNTERBDRV
SINCE 1913 $1.5 BILLION IN REVENUE BONDS
September 20, 2016
4
CITY COUNCIL'S BRIEFINGS
DEVELOPMENTAUTHORITY
ANNUAL REPORT
ITEM #66317
(Continued)
Below are just a few of the top accomplishments:
TOP
owN CENTER AEoo
SP ECIALSENVICE .ELLREOITATION
OCTRIOT(5501
upo'cou'rese by Nc
S254mil i, 'ouanel
on "ount
The Virginia Beach Bio Program was fully implemented this past year. The City partnered with
Tidewater Community College to open the BioScience Accelerator, which was actually fully leased before
it was even ready to open. The City transferred 155 acres to the Authority for development as a
BioScience Research Park which will allow Staff the opportunity to continue growing this important new
sector of the economy:
iV 1916 laufforater IBb ACGOmPIi>M1menl>:
PBNneratl ei' TCO A open the VABeecM1&
Accelerator
Specs, on sunspot new to Morrell Porpuele 1
MaEOuarrers a. To new &pACCBIPeIOr
Uy Council musical 155 acres for the �
,reposed new VAlescN&o Task
me Bunnies oeWgman Isam mareed'.
J1 .,An Hapal reIn,armar
Conbrenca 8 CopperSan CuShowcase
John,. Johionln SgnQpo with
J hnson 6 Johnson eMONxblomedical
cdmpamg
- Alm l)Ienai oncl CArpre to
September 20, 2016
5
CITY COUNCIL'S BRIEFINGS
DEVELOPMENT AUTHORITY
ANNUAL REPORT
ITEM #66317
(Continued)
Virginia Beach continues to be recognized globally as a technology destination. The decisions by the
world's three largest technology providers to name the City as the Mid -Atlantic site for the next
generation of ultra -high-speed transoceanic communication cables:
VBDA approver) Me sate of a 3.5 acre
1. to Telalonisa InMnalbnal
,,'Ienale Senkea USA
Aulomad Sole ias relooaled their
.' ale Matleuarten doei 35
rKwjob2
BN Media Solutions Inv di $2.3
million to rel do. nNelr haoddeaners
creating 55 a. to.
Small businesses pay big dividends to the City and continue to be the backbone of the City's economy.
One out of every three "start-up" businesses in the Region begins in the City:
one'tlnrn of region s ata, -up each. -
WginiaBeni
U 5% at mi a represenlaeon on ING S C:
hat Imm Veglnla Siam
95ma1189WeMwoIXsnopaede, n'
Par 1,300 smell ouainacs IeaOart
FRIG DIVIDER
September 10, 2016
0
CITY COUNCIL'S BRIEFINGS
DEVELOPMENTAUTHORITY
ANNUAL REPORT
ITEM #66377
(Continued)
The City targets industries that best fit what the City has to offer. Targeted Economic Development
allows the Staff to seek companies that are compatible with the City. There are seven (7) target sectors:
T
5
El
PROFESSIONAL
MANUFACTURING
MARITIME
SERVICES
LOGISTICS
i..«.:0000
.......
.,........e mei.... t
... i.....m
o. w....:v .....
.&.puss
T
5
El
DEFENSE
RETAIL
ADDITIONAL ITEMS
OFINTEREST
September 20, 2016
7
CITY CO UNCIL'S BRIEFINGS
DEVELOPMENTAUTHORITY
ANNUAL REPORT
ITEM#663]7
(Continued)
The City continues to support entrepreneurial development. Staff has partnered with Tidewater
Community College's Workforce Services Division and others to provide significant employee training
services to the City's workforce:
ENTREPRENEUR
mmpnav Smt�-R1e 1, Mlwncw vlrelnleermnemniry eainrurvem.+in. mve
.r r. eciryanmomaeiw.wrvirgme�.ry.wmevaeoiema, vwe�ry>mmwun.
WORKFORCE
„. umra..n..mm...nrrAiis. wonrow. s..,..eoin.q.m wn..ep..nm
VSDED
. z,soow�wm.e®m..RM«+im�reeer m=nrem�.mim,.n...RAe�m
. MereiNn3W em{byw endvlmigeanerCommunTyColrye Nnegpagna
The City launched "YESOCEANA" in 2006 which continues to be a national model showing how
government can and should be working with our military and congressional leadership to protect and
support our military bases:
i
YESOCEANA
PROGRESS TO DATE:
00MMERCIAL EOP, SES
HIGHLIGHTS FOR FY2015-16INCLUDE:
.
32so WO IPteI EDIP eueNe to SO eWin6eBe: OwSrE ticreetlm W Bs.]
million new, In MO nnU,
e ROC9vcE too 2016 ViryNie Ecorunic Devekpnerr[M—Mpns
Co nmonity Economic welcpmmlAweN
September 20, 2016
CITY COUNCIL'S BRIEFINGS
DEVELOPMENT AUTHORITY
ANNUAL REPORT
ITEM #66317
(Continued)
The Economic Development's overall digital advertising campaign yielded 22-Mllion impressions, with a
click -through -rate of 56Y% more than double the industry average:
Conference Targeting
USeE GmFenting b thri national conferences and cdnpanies
OWrall digital canni)•dded 2P milion Impressions, 125,0:0 clicks, 525.000 Ndeo
men and a nlic ildhoriete W .1
Ii Awards
VBDED received a total of four IEDC awards In 2015
Website
1Mre tM1en l<1.000 visite by mese lM1en 115000 uasn. 81%wan new Nadas tathe
ode
Mss Nen 224 WO indteaal pagm viewed
For the past 8 years, Staff has been implementing City Council's directive to expand the City's "Global
Business Footprint". The number of international companies operating in Virginia Beach has increased
from 20 to more than 35, with 20 establishing their US or North American headquarters in the City:
Europe
Michael, Vossel, based out of our office In Dusseld orf Germany visited
prospects in Frankfurt StuttgartMumch Nurnberg, Di sseldort and Essen.
BUSINESS
1w.A And- daw— LEADS
PhHI,inas
Th. Mrginia Basch Olongapo Busirwss development ofd. was opened.
An egreament between To Pon of buttons and the Subic Bay Mthad, flan
AUNoriN (SBMA).11 promote all water mutes between the had pods In support of
trade
antl investment if is the first and only such agreement between SBMA and
any us pan.
September 20, 2016
CITY COUNCIL'S BRIEFINGS
DEVELOPMENTAUTHORITY
ANNUAL REPORT
ITEM #66317
(Continued)
The Chart below provides the "Arc Of A Deal' specifically for the announcement by SANJO to come to
the City. This project was more than three years in the making.
Building a great City is not easy. Economic Development is, indeed, a team sport. None of these
accomplishments would have been possible without the support and leadership of this City Council. The
Development Authority and Staff continue to work diligently to prepare for the City's future and to ensure
its economic sustainability.'
Mayor Sessoms expressed his appreciation to Chair Dorothy Wood and the Development Authority for all
of their great work.
September 10, 2016
10
CITY COUNCIL'S BRIEFINGS
CERTIFIED LOCAL GOVERNMENT DESIGNATION
ITEM#663]8
PAIJAJA
Mayor Sessoms welcomed Mark Reed, Planning. Mr. Reed expressed his appreciation to the City
Council for their continued support:
Im
Virpma Beach
City Council Briefing
Certified Local
Government
September 20, 2016
The City is the 3e CertifiedLocal Government in Virginia:
• The City of Virginia Beach
has successfully
completed the
certification process to
become recognized as a
Certified Local
Government)CLG)
The National Park Service
provided this certification
effective August 25, 2016
September 20, 2016
11
CITY COUNCIL'S BRIEFINGS
CERTIFIED LOCAL GOVERNMENT DESIGNATION
ITEM #66318
(Continued)
Certified Local Government (CLG) is the terminology the National Park Service uses for its local
partners in "historic preservation ":
A partnership with the
National Park Service
(NPS), State Historic
Preservation Office
(SHPO) and the local
government
A local commitment to
maintaining a sound
historic preservation
program
Below are the benefits of being a CLG:
Eligibility for several grant programs
Access for technical assistance from
SHVO
Full access to state's inventory data
Streamline required reviews for
rehab work for Housing and
Neighborhood Preserratbn Dept.
Demonstrates a commitment to
preserving, protecting and increasing
awareness of Virginia Beach's unique
cultural heritage found in our built
environment
September 10, 2016
12
CITY COUNCIL'S BRIEFINGS
CERTIFIED LOCAL GOVERNMENT DESIGNATION
ITEM #66318
(Continued)
Below is the background in obtaining this certification:
Historic Resources Management Plan recommendation -1994
Top preservation polity priority in VBH PC 2009 Public Meeting
Initiative in the Cultural and Recreational Opportunities Strategic
Issues Team section of the City's strategic plan - 2011
Council resolution authorizing application for CLG - 2013
Changes made to the Zoning Ordinance/organizational
documents to align with CLG program - 2013 — 2015
Application made March 2016
Agreement signed July 2016
• Established a local historic preservation ordinance
• Established local historic districts
• Established a qualified review board for oversight of
the districts
• Facilitated Public Participation in the local
preservation process
• Surveyed architectural historic resources
• Established a strategic plan for historic preservation
September 10, 2016
13
CITY COUNCIL'S BRIEFINGS
CERTIFIED LOCAL GOVERNMENT DESIGNATION
ITEM #66318
(Continued)
The City has a number of items to complete per the Agreement signed in July for the CLG Certification:
Prepare and submit annual
report
Survey archaeological
resources
Update architectural resource
surveys
Update strategic plan
Establish design guidelines in
our local Historic and cultural
Districts
rind opportunitiesto expand
historic zoning protection of
resources
The City must demonstrate significant progress in the identified areas by June 30, 2019:
Via the CLG Agreement
with the SHPO we have
committed to
demonstrate significant
progress in those areas
by June 30, 2019
September 10, 2016
14
CITY COUNCIL'S BRIEFINGS
CERTIFIED LOCAL GOVERNMENT DESIGNATION
ITEM #66318
(Continued)
• Archaeological Resources
Assessment - $25,000
• Architectural Resources Updates
and New Surveys - $45,000
• Historic District Design Guidelines
-$10,000
• Strategic Plan Update -$10,000
Current Operating Budget (FY17) $10,000 for
Strategic Plan Update
Funding requests will be submitted during the
next two budget cycles (FY18 & FY19)
Applications for related grant programs will be
submitted during their cyclical periods
• CLGgrantsfrom SHPO
• Cost Share grants from SHPO
• Grants from National Trust Historic Preservation
September 10, 2016
is
CITY COUNCIL'S BRIEFINGS
CERTIFIED LOCAL GOVERNMENT DESIGNATION
ITEM #66318
(Continued)
Questions?
Mayor Sessoms expressed his appreciation to the Mr. Reed and everyone involved in the historic
preservation process for all of their great work.
September 20, 2016
16
CITY COUNCIL'S BRIEFINGS
HISTORIC PRESERVATION COMMISSION
UPDATE
ITEM #66319
2:58 P.M.
Mayor Sessoms introduced and welcomed Bernice Pope, Chair — Historic Preservation Commission. Ms.
Pope, on behalf of the Commission, expressed appreciation to City Council and the entire Staff for their
support of the Historic Preservation Commission:
ftnia Beach
City Council Briefing
Historic Preservation
Commission
Bernice Pope, Chair
j2ptember 20, 2016
• Historic Preservation Commission (HPC) last
report to Council June 2014
• Thanks for the great advice and support from
our City Council liaisons
• Amelia Ross -Hammond
• Rosemary Wilson
• HPC now receives staff support from Planning
and Community Development Department
• Historic Preservation Planner (PT)
September 20, 2016
17
CITY COUNCIL'S BRIEFINGS
HISTORIC PRESERVATION COMMISSION
UPDATE
ITEM #66319
(Continued)
A public meeting was held in November 1015 to discuss the topics below:
Public Meeting Held
November 2015
• Presentation on Cavalier
Hotel Rehabilitation
• Discussion of potential
subjects for local historic
roadside marker program
• Discussion on potential
future uses for 1823 Princess
Anne Courthouse
This past February, City Council received a Briefing on the Princess Anne Courthouse. The State Review
Board determined the Courthouse to be potentially eligible for State/National Historic Registers:
Presentation to City Council
February 2016
Historic Structures Report
CounensuppormdfundmB
Cgmmonwerith Nbduec6 under
onvan for Prot
Final Report py¢ted ).nary 2017
State/National Register Historic
District
State RaNew Board determined
potentially ellglble May 2016
planning will contract W professional
woes for the nomination process lacer
in 17
September 20, 2016
18
CITY COUNCIL'S BRIEFINGS
HISTORIC PRESERVATION COMMISSION
UPDATE
ITEM #66319
(Continued)
Below are the boundaries for the proposed Courthouse Village and Municipal Center Historic District:
Below is an overview of the Local Historic Roadside Marker Program:
Jim Spore asked the HPC to look into the development
of a local historic marker program
It would be an enhancement to the existing state
marker program
Local graphic artist developed several design options
Virginia Department of Historic Resources (DHR) has
approved the design for use in a local program
HPC plans to brief Council on the program in a couple
of months once staff completes review
September 20, 2016
19
CITY COUNCILS BRIEFINGS
HISTORIC PRESERVATION COMMISSION
UPDATE
ITEM #66319
(Continued)
Below is the design of the marker chosen by the committee:
'm ♦pu. ufms�n ne v u m e�'p y
�spe�
tiMnn�stwueednePe VvwMr
r�..e�.rom.rW�®mar
u wgie.
w rnamuu.a V �ue�e. a.reem
warm
The State Review Board determined Ocean, Neighborhood eligible for the National Register.
Identified in 1992 survey as potential National Register Historic
District
Funding for Preliminary submittal in R15
State Review Board determined potentially eligible December 2015
Professional firm contracted to prepare nomination August 2016
Projected date for State Review Board agenda lune 2017
Oceans Gardens Coalition Civic league has been engaged in the
process and is fully supportive
If successful this would be the first residential National Register
Historic District in Virginia Beach
September 20, 2016
CITY COUNCIL'S BRIEFINGS
HISTORIC PRESERVATION COMMISSION
UPDATE
ITEM #66319
(Continued)
Below are the boundaries of the proposed Oceana Historic District'
City Council approved funding in FY2015/2016 for grants to promote research on local history. Six (6)
grants, totaling $10, 000, were awarded to local Historians in June.'
Council approved funding (Fy15) for grants to promote
research on local history
Six Grants totaling $10,000 were awarded to local
historians June 2016
Projects include:
• Research on Seatack African-American community
Research on African-American communhies City wide
• Interpretive panel for outdoor display for SeauckNrginia
Beach LReswing Station
• Development of local history curriculum in VB Public
Schools for elemenur, grade levels
• Historic marker for Revolutionary War hero Col. John
Thoroughgood
• Historic marker for Cape Henry rail line and station
September 20, 2016
21
CITY COUNCIL'S BRIEFINGS
WIC PRESERVATION COMMISSION
UPDATE
ITEM #66319
(Continued)
Eleven (11) new properties have been added to the Virginia Beach Historical Register since 2014:
Review and approval/denial
function was transferred from
Historical Review Board to HPC
June 2015
Established a review committee,
revised forms, processes,
procedures and program brochure
11 properties have been added to
the Register since June 2014
Currently 55 properties on the
Virginia Beach Historical Register
Below are four (4) of the recent additions to the City's Historical Register:
"Y94 7
"'sae
September 10, 2016
22
CITY COUNCIL'S BRIEFINGS
HISTORIC PRESERVATION COMMISSION
UPDATE
ITEM #66319
(Continued)
Below is an overview of Cape Henry Historic site:
Continue to develop
stakeholders committee
• I01MEryedifti.18.,
Otlle Creek/Fon Stm
National vark$erwi
Preservation Nronia
us Coast Guard
Virginia Bead)
Support completion of
Cape Henry Lighthouse
restoration
Work toward public accesf
to 1881 Lighthouse and
ancillary buildings
Below are the priorities and goals relating to the National Register.'
Complete nominations
Oceana
Courthouse Village and
Municipal Cen[er
Investigate other
potential districts
• Cavalier Shores
Seatack
Rural
September 20, 2016
23
CITY COUNCIL'S BRIEFINGS
HISTORIC PRESERVATION COMMISSION
UPDATE
ITEM #66319
(Continued)
Below are the priorities and goals of the Historic Preservation Planning and Policy:
• Support Certified Local
Government related
initiatives
• Initiate update of
historic preservation
strategic plan
• Gather information and
develop strategies on
sea level rise and
potential impact on
historic resources
• Expand Virginia Beach
Historical Register listings
• Launch local historic
marker program
• Initiate update of 50 Most
Significant Houses and
Structures publication
September 20, 2016
FL!
CITY COUNCIL'S BRIEFINGS
HISTORIC PRESERVATION COMMISSION
UPDATE
ITEM #66319
(Continued)
Questions?
Mayor Sessoms expressed his appreciation, on behalf of City Council and the entire City, for the
Commission's work and what they have accomplished to register additional "historic " sites.
September 20, 2016
2s
CITYMANAGER'S BRIEFINGS
CONVENTIONand VISITORS BUREAU
UPDATE
ITEM #66320
3:08 P.M.
Mayor Sessoms welcomed Brad Van Dommelen — Director, Convention and Visitors Bureau. Mr. Van
Dommelen expressed his appreciation to the City Council for their continued support:
Tourism Update
- CVB Director, Brad Van Dommelen
vuzoinu;
BEPCH
The occupancy numbers below are from Summer 2016 compared to Summer 2015:
By The Numbers
June
+8.8%
July
-8.7%
August
+s.a%
Vear to Date (August):
+7.g%
Cnl I J(,IAIGI I Carter R,,,,oid Year
VIRGIn IR
VETCH
September 10, 2016
26
CITYMANAGER'S BRIEFINGS
CONVENTION and VISITORS BUREAU
UPDATE
ITEM #66320
(Continued)
The Labor Day Weekend was successful despite the tropical storm and adverse weather:
Labor Day Weekend
Tropical Storm Hermine
AMF & Rock N' Roll Half Marathon
"The way you operate should be a
benchmark across our series" -chic
Hexewshl, Vo GlobaloOoraGons comwitor
Group
IA(ENBo
JiLinitial
Observations
viaclmR
FlBEPCN
September 20, 2016
n
CITY MANAGER'S BRIEFINGS
CONVENTION and VISITORS BUREAU
UPDATE
ITEM #66320
(Continued)
The City received the Trip Advisory 2016 Certificate q(Excellence:
The City has established the need to becoming a year `round destination:
September 20, 2016
28
CITY MANAGER'S BRIEFINGS
CONVENTION and VISITORS BUREAU
UPDATE
ITEM 066320
(Continued)
Below is the seasonal occupancy:
Below shows the opportunityfor growth to increase occupancy, especially during the Spring and Fall:
September 20, 2016
29
CITY MANAGER'S BRIEFINGS
CONVENTION and VISITORS BUREAU
UPDATE
ITEM #66320
(Continued)
Below is the Strategy in becoming more of a year-round destination:
Strategy
Passion Marketing
Destination Districts
Advertising Investment
VIPGIMP
BERCN
Below are the Core Functions of the Convention and ! ssitors Bureau:
September 20, 2016
30
CITY MANAGER'S BRIEFINGS
CONVENTION and VISITORS BUREAU
UPDATE
ITEM #66320
(Continued)
Mr. Van Dommelen advised he feels restructuring the Communications and Marketing Divisions will
greatly benefit the City:
Communications & 07
Marketing New FTE's
VP Ma:eling B Commnvnicadd-,
Ad_ s: aLre Hssslal
o Dlglla Media Speciallsl
4
,O��oOBs!
Resea,m sPama,
0000006
0�����
Social Metl,a Goominalo�
Below are the Gaps identified by the Convention and Fishers Bureau:
September 10, 2016
31
CTTYMANAGER'S BRIEFINGS
CONVENTION and VISITORS BUREAU
UPDATE
ITEM #66320
(Continued)
The City is participating with Destination Next program. This will help the City understand where the
City is as a "destination ":
September 20, 2016
CITYMANAGER'S BRIEFINGS
CONVENTION and VISITORS BUREAU
UPDATE
ITEM #66320
(Continued)
Thank You!
-CVB Director, Bout Van Dommelen
101 I0.GInIA
BEACH
Mayor Sessoms expressed his appreciation, on behalf of City Council, for the Convention and Visitors
Bureau's work.
September 20, 2016
33
CITYMANAGER'S BRIEFINGS
EMERGENCY OPERATIONS PLAN
UPDATE
ITEM #66321
3:36 P.M.
Mayor Sessions welcomed Erin E Sutton, Director — Office of Emergency Management. Ms. Sutton
expressed her appreciation to City Council for their continued support. She advised today's presentation
will provide an overview of the "overhaul" of the 2012 Emergency Operations Plan:
Below is an overview, of today's presentation:
Adoption Brief
• What is the Emergency Operations Plan?
• Why do we have the Plan?
• What is contained in the Plan?
• What are you adopting today?
• What has changed since zorz?
September 10, 2016
34
CITY MANAGER'S BRIEFINGS
EMERGENCY OPERATIONS PLAN
UPDATE
ITEM #66321
(Continued)
Below is an overview of the Emergency Operations Plan. The Plan adopted by City Council in 2012 has
undergone a complete "overhaul":
Emergency Operations Plan
• Mult�lpline all -hazards plan establishes a single,
comprehensive framework for the management of
major emergencies and disasters within the City
• Outlines the mien and responsibilities assigned to City
departments and agencies for response to disasters
and emergencies
• Implementation of the plan is cogent upon a
collaborative approach between the City and a wide
range of partner agencies and organizations that
provide crucial support during emergency operations
Below is the City's Emergency Organizational Chart:
September 20, 2016
35
CITYMANAGER'S BRIEFINGS
EMERGENCY OPERATIONS PLAN
UPDATE
ITEM #66321
(Continued)
The Commonwealth of Virginia requires the City have an adopted Emergency Operati
ensure it's updated everyfour (4) years:
Requirements
• Commonwealth of Virginia Emergency services and Disaster laws,
Title q,, Chapter 3.2 through }4• Code of Virginia, as amended.
r §4{-µ6.u. Pawn and duties of political subdivisions.
section E.
• Each local and lnterjoriaticdotml agency shall prepare and
keep current a local orimethaisdictional emergncy
ocerations plan for its area. The plan shall include, but not be
limited m, responsihilities of all lora) agencies and shall enahlish a
chain of command, and a provision that the Department of Criminal
7ustire servio s .--
• Every four ar
yes, each local and interiurisdia4n
onal agoy shall
conduct a comprehensive review and revision of its emergenq
operations plan to ensure thathe plan remains current, and the
revised plan shall be formally adopted by the localays governing
body.
September 20, 2016
o•mn
mri•a
Off
m� �,
I
v�M::e
iroa•. w>,b
whi,r.u.
m�c.�wi
smiry
mrvie,w"
umi
a„Wn
ssr no,.
coc��
September 20, 2016
36
CITYMANAGER'S BRIEFINGS
EMERGENCY OPERATIONS PLAN
UPDATE
ITEM #66321
(Continued)
Below are the minimum standards relating to a "basic plan ":
Basic Plan Contents
• Purpose
• Situations and Assumptions
• Concept of Operations
• Organization
• Responsibilities - Emergency Support Functions
• Administration and Logistics
• Plan Development
• Authorities and References
- M
Ms. Sutton advised it took six (6) months to develop Emergency Support Functions:
Emergency Support Functions
ESP
Transpowtion
DPW
ESP io
HaeMat
WED
ESFa
Ummmications
Coml'I'
ESF,,
Ag/Na or
Aylcu
Eff3
Engineering
DPW/DPU
__Rea'°
_ 1
BE
Firefg
HE
Energy
DPW
FSF i3
Poblic5 ,
Win
ESP
Emergency Mgmt.
c
EM O
OEM
FSF 14
Recovery
CMO
ESF6
Mas Gre
DHS
—_.
ESFq
fxtemalAR'rs
Q10
ESP
Re%nuta Mgmc
DPW '.i.
ESP 6
Mfl;.,AHai.
csmVR
ESP
Public HeahM1
EM$/OPH
ESFp
VDI—r/ -
DPW/O
ESF9
Seamb and Reacue
VBFD
Dombom Mgmt.
September 10, 2016
37
CITYMANAGER'S BRIEFINGS
EMERGENCY OPERA TIONS PLAN
(UPDATE
ITEM #66321
(Continued)
Below are the updates to the Plan.'
Updates to the Plan
• Compliance
• FEMA, Comprehensive Planning Guide rm (VDEM)
• Emergency ManagementAccreditition Program
• Nafional Incident Management System
• Organization of the plan
• Emergency Support Functions
• Format for accessibility
• Overall format changes
Mayor Sessoms expressed his appreciation, on behalf ojCity Council, to Ms. Sutton's work.
September 10, 2016
38
CITY MANA GER'S BRIEFINGS
ARENA UPDATE
ITEM #66322
3:49 P.M.
Mayor Sessoms welcomed Douglas Smith, Deputy City Manager. Mr. Smith expressed his appreciation
to City Council for their continued support. A Public Hearing is scheduled for tonight's Formal Session
for the Lease of and Transfer of Land regarding the Arena. Mr. Smith advised USM has met six (6) of the
seven (7) conditions set forth and approved by City Council in July. USM has come forward with a
proposal they believe compensates for the seventh (71h) condition. That proposal will be discussed during
today's "Closed Session ".
September 20, 2016
39
CITY COUNCIL COMMENTS
ITEM #666323
3:52P.M.
Councilman Dyer advised his Town Hall Meeting at Tallwood High School last Wednesday was attended
by 100+. He thanked the Staff for the spectacular job they did in answering questions and providing
updates on projects in the City, especially in the Centerville District.
September 20, 2016
40
CITY COUNCIL COMMENTS
ITEM #66324
(Continued)
Councilman Wood attended Kings Forest Civic League last night and thanked Tom Leahy for the
outstanding job in answering questions regarding stormwater.
September 20, 2016
41
CITY COUNCIL COMMENTS
ITEM #66325
(Continued)
Councilman Wood provided a copy of a Resolution to be added to tonight's Agenda to ENCOURAGE the
Virginia Marine Resources Commission to ADOPT regulations for Aquaculture structures. Lynnhaven
Shellfish Workgroup is made up of citizens working with the Virginia Marine Resources Commission on
oyster cages, public safety and other issues.
September 20, 2016
42
CITY COUNCIL COMMENTS
ITEM #66326
(Continued)
Councilman Moss is hopeful City Council has enough time to discuss the Hampton Roads Crossing and
all of the alternatives during the September 27, 2016 Workshop.
September 20, 2016
43
CITY COUNCIL COMMENTS
ITEM #66327
(Continued)
Councilman Moss advised as he was driving to City Hall this afternoon there was a car broken down and
he saw one of the City's Police Officer get out and push the car off the road.
September 20, 2016
44
CITY COUNCIL COMMENTS
ITEM #66328
(Continued)
Council Lady Henley noticed the street sweepers and asked to get some more information she can provide
to citizens. She was thrilled to see them South of Pungo.
September 20, 2016
45
CITY COUNCIL COMMENTS
ITEM #66329
(Continued)
Council Lady Ross -Hammond reminded City Council of the upcoming African American Cultural Center
"Blessing of the Land" scheduled for Saturday, September 24`".
September 20, 2016
46
AGENDA REVIEW SESSION
ITEM #66330
4:00 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
J. ORDINANCESIRESOL UTIONS
1. Ordinance to AMEND City Code Sections 18-32 and 25.1-2 re Precious Metal
Permits
2. Resolution AUTHORIZING the 2016 Plan of Financing with the Development
Authority, certain documents prepared in connection with such financing and the
execution and delivery of same
3. Ordinance pertaining to the COMPENSATION of the City Auditor
4. Resolution APPOINTING B. Kay Wilson to the position of Deputy City Attorney
5. Resolution formally RE ADOPTING the Virginia Beach Emergency Operations Plan
6. Ordinance to ESTABLISH three new roadway capital projects, to ACCEPT and
APPROPRIATE $2,026,077 from the Virginia Department of Transportation's
Transportation Alternatives Program, and TRANSFER $910,266
7. Ordinance DECLARING EXCESS City Property at Ego Drive and AUTHORIZING
the City Manager to sell the property to Bishard Homes, LLC.
8. Ordinance to AUTHORIZE temporary encroachments:
a. Portion of City right-of-way, known as 79`x' Street, adjacent to 7810 Ocean Front
Avenue
b. Portion of City property, known as Lake Joyce, and a 25 foot strip of City
property around Lake Joyce at the rear of 4441 Blackbeard Road
9. Ordinance to CARRY FORWARD from FY 2015-16 and APPROPRIATE $865,901
into the FY 2016-1 7for purposes previously approved:
GENERAL FUND
Planning $ 10,078
Cultural Affairs/Arts and Humanities Commission $ 4,519
Cultural Affairs $125,000
Human Resources/Employee Special Benefits $ 60,000
Human Services/MH PATH, PATH, DS Early Intervention,
DS Infant Program $243,872
EMS/Administration and Operations $ 65,850
Housing and Neighborhood Preservation/Code Enforcement $ 36,427
LAW LIBRARY FUND
Law Library $227,746
DEA SEIZED PROPERTY SPECIAL REVENUE FUND
Police/DEA Uniform Patrol Grants $ 16,180
Police/DEA K-9 $ 26,600
Police/DEA Special Investigative Unit $ 22,629
September 20, 2016
47
AGENDA REVIEW SESSION
ITEM #66330
(Continued)
PARKS AND RECREATION SPECIAL REVENUE FUND
Parks and Recreation/Landscaping Special Zone
Management Princess Anne $ 27,000
10. Ordinances to APPROPRIATE:
a. $204,434 from fees for service and ADD three full-time positions to Human
Services for Developmental Disability case management services
b. $40, 000 for the Virginia Task Force Two Urban Search and Rescue Team
(FEMA) in response to Louisiana flooding
c. $5, 000 Grant from the Department of Motor Vehicles to Public Works
d. $319,950 in Federal revenue and $35,550 in State revenue from the Virginia
Department of Transportation's Highway Safety Improvement Program to
"Traffic Safety Improvements IV"
e. $21,300 Grant to the Fire Department for its Marine Team
f. FY 2016117 DMV Grant to Police:
1. Seat Belt Enforcement APPROPRIATE: $52,000; MATCH: $26,000
2. DUI Enforcement APPROPRIATE: $62,466; MATCH: $31,233
11. Resolution to ENCOURAGE the Virginia Marine Resources Commission to ADOPT
regulations for Aquaculture structures
ITEM #2 WILL BE CONSIDERED SEPARATELY
COUNCILMAN MOSS WILL VOTE VERBAL NA Y ON ITEM #3
ITEM #4 WILL BE CONSIDERED SEPARATELY
MAYOR SESSOMS WILL ABSTAIN ON ITEM #7
ITEM #10f(I) WILL BE CONSIDERED SEPARATELY
September 20, 2016
48
AGENDA REVIEW SESSION
ITEM #66330
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
K. PLANNING
1. SHORE VENTURES ASSOCIATES, LLC, Subdivision Variance to Section 4.4(b)
of the Subdivision Regulations re single family dwellings at 457 Kirkwood Lane
DISTRICT 5 — LYNNHAVEN
2. DAVID N. REDA, TRUSTEE OF FIRST VIRGINIA LAND TRUST, Street
Closure of Road Number #4 and a portion of a 20 foot private road, adjacent to
1275 Baker Road DISTRICT 4 — BAYSIDE
3. PEMBROKE SQUARE ASSOCIATES, LLC. Modification of Conditions re indoor
recreation at 4554 Virginia Beach Boulevard DISTRICT 4 - BAYSIDE
4. B.H. VINELAND Conditional Change of Zonin from AG -2 Agricultural to
Conditional R -5D Residential at 1046 and 1050 Old Dam Neck Road and 1037
Dam Neck Road DISTRICT 7 — PRINCESS ANNE
5. BRYANA GUCKIN Conditional Use Permit re home occupation for Internet sales
at 1225 Orkney Drive DISTRICT 2 — KEMPSVILLE
6. RALPH J. NAHRA / RALPH J. AND DEBBIE M. NAHRA, Conditional Use
Permits re motor vehicle sales, rentals and auto repair at 1017 Aragona Boulevard
DISTRICT 4 — BAYSIDE
7. WAL-MART STORES, INC., /LAKE GEMII, LLCAND WAL-MART REAL
ESTATE BUSINESS ETC. Conditional Use Permits re bulk storage:
a. 1149 and 1169 Nimmo Parkway
DISTRICT 7 — PRINCESS ANNE
b. 2021 Lynnhaven Parkway
DISTRICT 3 — ROSE HALL
c. 657 Phoenix Drive
DISTRICT 6 — BEACH
8. CITY OF VIRGINIA BEACH Ordinance to AMEND Section 4.1 and ADD
Section 1.115 of the Site Plan Ordinance, pertaining to the "Lowest Floor and Plan
Notes " re the Floodplain
COUNICL LAD YKANE WILL ABSTAIN ON ITEM #6
VICE MAYOR JONES WILL VOTE VERBAL NAYONITEM #7a/b/c
COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM #7a/b/c
COUNCILMAN WOOD WILL VOTE VERBAL NAY ON ITEM #7a/b/c
September 20, 2016
ITEM#66331
Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose:
PUBLICLY -HELD PROPERTY: Discussion or consideration of the,
acquisition of real property for public purpose; or of the disposition of
publicly -held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-371 ](A)(3).
• Arena
• Princess Anne District
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 open meeting would adversely
affect the negotiating or litigating posture of the public body; or
consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal advice
by such counsel pursuant to Section 2.2-3711(A)(7).
• Arena
• Diane Guidry v. City of Virginia Beach and Bonnie Schuhmann
PUBLIC CONTRACT: Discussion of the award of a public contract
involving expenditure of public funds, and discussion of 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)
• Arena
PERSONNEL MATTERS: Discussion, consideration of, or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711(A)(1)
Council Appointments: Council, Boards, Commissions,
Committees, Authorities, Agencies and Appointees
• Appointee Performance Evaluations
September 20, 2016
50
ITEM#66331
(Continued)
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into
CLOSED SESSION at 4:06 P.M.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
Closed Session
Break
4:06 P.M. - 5:55 P.M.
4:08 P.M. - 4:15 P.M.
September 20, 2016
51
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
September 20, 2016
6:00 P.M.
Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, September 20, 2016, at 6:00 P.M.
Council Members Present:
M. Benjamin Davenport, , Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
INVOCATION: Father Rene Castillo
Church of the Holy Apostles
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at
297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's
transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne
Bank has an interest in numerous matters in which he is not personally involved and of which he does not
have personal knowledge. In that regard, he is always concerned about the appearance of impropriety
that might arise if he unknowingly participates in a matter before City Council in which TowneBank has
an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services
Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter
and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is his practice to
thoroughly review each City Council agenda to idents any matters in which he might have an actual or
potential conflict. If, during his review of an agenda, he identifies a matter in which he has a "personal
interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter
with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of
January 13, 2015, is hereby made apart of the record.
September 20, 2016
52
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a
`personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the
record.
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire
Hathaway Home Services Town Realty (`Berkshire Hathaway'), which was formerly known as
Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of
transactions it handles in any given year, Berkshire Hathaway has an interest in numerous matters in
which she is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 13, 2015, is hereby made a part of the record.
Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes
Goodman and receives income from the firm as a result of her late husband's employment. The income is
proceeds from the sale of his partnership interest, paid out over an extended period of 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 apart of the record.
September 20, 2016
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 #66331 Page SO and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
th Hodges Fraser, MMC
City Clerk
September 20, 2016
Item —VI -E
CERTIFICATION
53
ITEM #66332
Upon motion by Councilman Dyer, seconded by Councilman Moss, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
September 20, 2016
Item -VI-F
MINUTES
54
ITEM #66333
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of September 6, 2016.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
September 20, 2016
55
Item V — HJ
MAYOR'S PRESENTATION ITEM #66334
RESOLUTION in Recognition to:
LOUIS J. SCHAGER, Commanding Officer — Naval Air Station Oceana
Mayor Sessoms welcomed Captain Louis J. Schager and presented him with a Resolution declaring
September 20, 2016, CAPTAIN LOUIS J SCHA GER DAY, recognizing his meritorious service to the
Navy, the Country and the City of Virginia Beach. Captain Schager provided tremendous support to the
City as the Commanding Officer of NAS Oceana and Dam Neck Annex. Captain Schager's awards
include the Defense Meritorious Service Medal, Meritorious Service Medal (two awards), Individual Air
Medal, Strike Flight Air Medal eve awards), Navy and Marine Corps Commendation Medal (two
awards), Navy and Marine Corps Achievement Medal and numerous campaign medals and deployment
ribbons. Captain Schager demonstrated outstanding leadership during his tour of duty as Commander of
Oceana and proved to be a wonderful partner to the City of Virginia Beach.
Captain Schager expressed his appreciation to Mayor Sessoms, Members of City Council and the City of
Virginia Beach. Captain Schager stated it has been his honor to work and live in the City of Virginia
Beach, the greatest city in which to serve and live. Captain Schager will be retiring and happy to say he,
and his family, will be making their home here in the City.
September 20, 2016
RESOLUTION
WHEREAS: Captain Louis J. Schager is a proud graduate of the United
States Naval Academy, class of 1990; and
WHEREAS: He earned a Bachelor of Science degree in Mechanical
Engineering and then attended flight training in Pensacola, Florida and
Meridian, Mississippi; and
WHEREAS: Captain Schager received his naval aviator Wings of Gold in
July 1993; and
WHEREAS: Captain Schager has served in many Squadrons, such as the
"Grim Reapers" VF -101, VF -211 "Checkmates ", VF -103 "Jolly Rogers",
and during that time served as an instructor pilot for the F-14A/B/D. He
graduated from the Strike Fighter Tactics Instructor program at Naval
Flight Weapons School (TOPGUN), and was awarded the Fighter Wing
Atlantic Instructor of the Year for 1999; and
WHEREAS: He served onboard the USS George Washington for Arabian
Gulf deployments in 2000 and 2002, and received the Commander, Naval
Airforce, U.S. Atlantic Fleet peer selected Leadership Award for 2001; and
WHEREAS: Captain Schager attended the U.S. Naval War College at
Newport, Rhode Island, and was awarded a Master of Arts Degree in
National Security and Strategic Studies in 2003; and
WHEREAS: He served as Assistant Deputy Director for Operations and
Senior Emergency Actions officer, which provided analysis of developing
military and political situations worldwide for the Chairman of the Joint
Chiefs of Staff, the Secretary of Defense, and the President of the United
States; and
WHEREAS. Captain Schager served as Executive Officer of VFA-32
"Swordsmen" from August 2006 to November 2007; and received the
Commander, Naval Air Force, U.S. Atlantic Fleet peer selected Leadership
Award for 2007 and 2008, and then served Western Pacific/Arabian Gulf
deployments aboard USS ABRAHAM LINCOLN, and reported to NAS
Oceana as Executive Officer in August 2013; and
WHEREAS: He has accumulated over 4,200 flight hours and 815 arrested
landings, and has been awarded the Defense Meritorious Service Medal,
Meritorious Service Medal (two awards), Individual Air Medal, Strike Flight
Air Medal (five awards), Navy and Marine Corps Commendation Medal
(two awards), Navy and Marine Corps Achievement Medal, and numerous
campaign medals and deployment ribbons; and
WHEREAS: Captain Schager served as the 43rd Commanding Officer of
Naval Air Station Oceana from March 2015 to September 2016; and
WHEREAS: As Commanding Officer, he operates as both City Manager
and Mayor of the Navy's East Coast Master Jet Base, which is responsible
for over 300 aircraft including: FIA 18 Hornets, the navy equivalent of a
737, numerous helicopters, and other aircraft.
WHEREAS: During his tenure as Commanding Officer at NAS Oceana
,which includes the Dam Neck Annex, he has engendered a very mutually
beneficial relationship with the City Of Virginia Beach, and the City of
Chesapeake, where the Fentress Auxiliary Field is located; and
WHEREAS: Captain Schager has been the epitome of an officer and
gentleman during his tenure as Commander at NAS Oceana, and throughout
his career, and a true friend to Virginia Beach.
NOW THEREFORE, BE IT RESOLVED: that Captain Schager's work as
Commander at Naval Air Station Oceana over the previous three years and
his decades of service to our country, be duly recognized and applauded,
and
BE IT FURTHER RESOLVED: That the Virginia Beach City Council
pauses during its Formal deliberations this 20'h day of September, 2016, to
declare:
CAPTAIN LOUIS J. SCHA GER DAY
and present this Resolution duly signed by each Member of the Virginia
Beach City Council with a copy spread upon the Minutes of this meeting.
Ben
(ady Shannon
wn john E.' `Uhnn
j
m&Bocn b
Co
ocJohn 'D. Mss
CouncifLady
Aae�WaiytorLozd . ,hones
`6ihrion
Mayor'Mn
CouncilLady BatAanz7fenfey
Cou,nak,Lady'Dr. Amelia N. Rgss-
L. Wood
D. "144 t"Sessoms, Jr.
56
ADD ON
ORDINANCESIRESOLUTIONS ITEM #66335
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADDED Resolution
to ENCOURAGE the Virginia Marine Resources Commission ADOPT regulations for
Aquaculture structures
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
September 20, 2016
57
ADOPTAGENDA
FOR FORMAL SESSION ITEM #66336
BY CONSENSUS, City Council ADDED the Resolution re TVMRC Aquaculture structures and
ADOPTED:
AGENDA FOR THE FORMAL SESSION
September 20, 2016
Item - VI -I I
PUBLIC HEARINGS
58
ITEM #66337
Mayor Sessoms DECLARED A PUBLIC HEARING:
TRANSFER of City Property to the Development Authority re Arena
Douglas Smith, Deputy City Manager advised the proposed Transfer of Land for the Arena to the
Development Authority is a key step in bringing the Arena project to fruition. In July, City Council
passed a Resolution endorsing the Arena Bond Financing arrangement proposed by United States
Management (USM) and extended the time for meeting certain deadlines in the Arena Development
Agreement. A Public Hearing was scheduled in anticipation of a City Council vote on changes in the
Development Agreement, reflecting the revised Plan Of Finance. The Resolution adopted in July
included seven (7) conditions and USM has met six (6) of those conditions. USM has come forward with
a proposal they believe compensates for the seventh (7`") condition which was discussed during today's
"Closed Session ". Discussions will continue this week and the Plan is to have a Public Brief on
September 27`" and action by City Council on October 4`"
Barbara Messner — spoke in OPPOSITION. The Arena is a "want" and not a "need". This is a
taxpayer subsidized project with $78 -Million to be invested in the beginning. Although City Council
continues to say no general fund dollars will be used, the Economic Development Authority is an entity of
the City and is funded by the General Fund. Ms. Messner feels a number of Council Members have
conflicts of interest and should abstain in voting.
Diana Howard, Chair of the Virginia Beach Tea Party, spoke in OPPOSITION. The proposed property
to be transferred was taken by Eminent Domain, bought with taxpayer revenue and now will be given to a
private developer who will not pay any taxes for many years.
There being no additional speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING
September 20, 2016
Item - VI -I.2
PUBLIC HEARINGS
59
ITEM #66338
Mayor Sessoms DECLARED A PUBLIC HEARING:
DETERMINATION of EXCESS City Property at Ego Drive
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING
September 20, 2016
Item - VI -J.1
PUBLIC COMMENT
ITEM #66339
Mayor Sessoms DECLARED A PUBLIC COMMENT.
2017 LEGISLATIVE PACKAGE
Barbara Messner objects to this Public Comment as it was just added to the Agenda yesterday.
Mayor Sessoms acknowledged this was supposed to be on the Agenda; however, there was a
"disconnect" and it failed to be listed so this will be re -advertised and heard at the next Formal Session
on October 4`h.
There being no additional speakers, Mayor Sessoms CLOSED THE PUBLIC COMMENT
The City Clerk advised this was a staffing error as it was intended to be on this Agenda.
September 20, 2016
Item - VI -K
ORDINANCESIRESOL UTIONS
61
ITEM #66340
Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council APPROVED, BY
CONSENT: Agenda Items 1, 3(MOSS VERBAL NAY), S, 6, 7(MAYOR SESSOMS ABSTAIN), 8a./b,
9, 10a/b/c/d/e/f(2) and]] (ADDED).
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
September 20, 2016
Item -VI -K.1
ORDINANCES/RESOLUTIONS
62
ITEM #66341
Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND City Code Sections 18-32 and 25.1-2 re Precious Metal Permits
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
September 20, 2016
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
AN ORDINANCE TO AMEND CITY CODE
SECTIONS 18-32 AND 25.1-2 PERTAINING TO
PRECIOUS METAL PERMITS
Sections Amended: §§ 18-32 and 25.1-2
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA THAT:
That Sections 18-32 and 25.1-2 of the City Code is hereby amended and
reordained to read as follows:
Sec. 18-32. - Permit required.
(a) No person shall engage in the activities of a dealer as defined in section 18-76.1,
pawnbroker, junk dealer, or secondhand dealer without first obtaining a permit from the
chief of police.
(g) The initial and annual permit fee shall be the
amount set forth in section 27-3(b)(5) for a dealer as defined in section 18-76.1, and two
hundred dollars ($200.00) for a pawnbroker, or secondhand dealer, and fifty dollars
($50.00) for a junk dealer; provided, however, that if an applicant applies for an initial or
renewal permit as a dealer of precious metals and gems at the same time as the
applicant applies for an initial or renewal permit as a pawnbroker, junk dealer or
secondhand dealer, the applicant need only pay the three hundred dollar ($300.00)
permit fee. If the chief of police refuses to issue such permit, the applicant shall be
notified, in writing, of the reasons for the refusal and the applicant may appeal such
refusal to the city council within thirty (30) days from the date of such notice.
Sec. 25.1-2. - Permit required; method of obtaining permit; no convictions of
certain crimes; approval of weighing devices; renewal; permanent location
required; bond required.
(a) No person shall engage in the activities of a dealer as defined in section 25.1-1
without first obtaining a permit from the Virginia Beach Police Department Pawn Unit.
(b) To obtain a permit, the dealer shall file an application form which includes the
dealer's full name, any aliases, address, age, date of birth, sex, and fingerprints; the
name, address, and telephone number of the applicant's employer, if any; and the
location of the dealer's place of business. The dealer shall include a valid copy of the
business lease agreement, or proof of building ownership, with the permit application.
Upon filing this application and the payment of the
47 application fee set forth in section 27-3(b)(5), the dealer shall be issued a permit by the
48 Chief of Police or his designee, provided that the applicant has not been convicted of a
49 felony or crime of moral turpitude within seven (7) years prior to the date of application
50 and has no such charges pending court disposition. The permit may be denied if the
51 applicant has been denied a permit or has had a permit revoked under any other local
52 ordinance or state statute similar in substance to the provisions of this chapter.
53
54 (c) Before a permit may be issued, the dealer must have all weighing devices used
55 in his business inspected and approved by local or state weights and measures officials
56 and present written evidence of such approval to the Virginia Beach Police Department
57 Pawn Unit.
58
59 (d) This permit shall be valid from the date issued through December 31St of the
60 issue year and may be renewed in the same manner as such permit was initially
61 obtained with ai4 the annual permit fee set forth in section 27-3(b)(5) o; three h ndFed
62 . No permit shall be transferable to any other location or individual.
63
64 (e) Every dealer at the time of obtaining such permit shall obtain and provide to the
65 City a bond secured by a corporate surety authorized to do business in this
66 Commonwealth, in the penal sum of ten thousand dollars ($10,000.00), conditioned
67 upon strict compliance with the terms of this chapter. In lieu of a bond, a dealer may
68 cause to be issued by a bank authorized to do business in the Commonwealth a letter
69 of credit in favor of the City for ten thousand dollars ($10,000.00).
70
71 (f) If the business of the dealer is not operated without interruption, with Saturdays,
72 Sundays, and recognized holidays excepted, the dealer shall notify the Virginia Beach
73 Pawn Unit of all closings and reopenings of such business. The business of a dealer
74 shall be conducted only from the fixed and permanent location specified in his
75 application for a permit.
76
77 ....
78
79 Sec. 27-3. - Authority of department to furnish copies of records, perform certain
80 services, etc., and fees therefor.
81
82 (a) The department of police is hereby authorized to release forensic photographs
83 after all criminal charges are resolved and when such release is provided by law, to
84 furnish photostatic copies of accident reports and offense reports, and to allow such
85 reports to be viewed by proper persons consistent with the provisions of the Virginia
86 Freedom of Information Act, Code of Virginia § 2.2-3700.
87
88 (b) The chief of police is hereby authorized to make record checks and reports (local
89 record only) and take fingerprints of individuals on request. For the processing of
90 applications for permits required by law, the following fees shall be charged:
91
92 (1) Record check and report by name (local) .....$ 15.00
93 (2) First fingerprint card requested by individuals .....10.00
94 (3) Subsequent fingerprint cards requested by individuals .....5.00
95 (4) Certificate for public convenience and necessity .....50.00
96 (5) Precious metals permit .....550.00
97 (6) Vendor permit .....25.00
Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of
September 2016.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Police Department City 46rne 's Office
Police Chief James Cervera Senior City Attorney Dana Harmeyer
CA13834
R-1
September 12, 2016
Item -VI-K2
ORDINANCESIRESOL UTIONS
63
ITEM #66342
Barbara Messner spoke in OPPOSITOIN. The Economic Development Authority is an entity of the City
and is funded by taxpayer revenue.
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED, Resolution
AUTHORIZING the 2016 Plan of Financing with the Development Authority, certain documents
prepared in connection with such financing and the execution and delivery of same
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
September 20, 2016
RESOLUTION APPROVING A PLAN OF FINANCING WITH THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY,
APPROVING CERTAIN DOCUMENTS PREPARED IN
CONNECTION WITH SUCH FINANCING AND AUTHORIZING
THE EXECUTION AND DELIVERY OF THE SAME
WHEREAS, the City of Virginia Beach, Virginia (the "City") desires to undertake, in
connection with the City of Virginia Beach Development Authority (the "Authority"), the
financing from time to time of projects for the acquisition, construction, renewal, upgrade,
replacement and other improvements for various public facilities and equipment, including
projects for public buildings and structures; public school facilities; public streets and roads and
related infrastructure; computer and information technology systems; energy management and
heating ventilation and cooling systems; communications systems and related hardware and
software; public parks and other recreational facilities; and funding for strategic growth area
programs (collectively, the "2016 Projects"); and
WHEREAS, the City further desires to achieve debt service savings by refinancing
certain of the Taxable Public Facility Revenue Bonds, Series 2005B and Series 2007B
(collectively, the "Prior Bonds") previously issued by the Authority on behalf of the City to
finance various public facilities; and
WHEREAS, the Authority, pursuant to Chapter 643 of the Virginia Acts of Assembly of
1964, as amended (the "Act"), under which it is created, is authorized to acquire, improve,
maintain, equip, own, lease and dispose of "Authority facilities," as defined in the act, to finance
or refinance such facilities, to issue its revenue bonds, notes and other obligations from time to
time for such purposes and to pledge all or any part of its assets, whether then owned or
thereafter acquired, as security for the payment of the principal of and interest on any such
obligations; and
WHEREAS, in furtherance of the purposes of the Act, the City requests the Authority's
assistance through the issuance of its Public Facility Revenue Bonds, Series 2016A in the
maximum principal amount of $27,000,000 (the "Series 2016A Bonds") and its Public Facility
Refunding Revenue Bonds, Series 2016B in the maximum principal amount of $9,000,000 (the
"Series 2016B Bonds" and collectively with the Series 2016A Bonds, the "Series 2016 Bonds")
in financing the 2016 Projects, refinancing all or a portion of the Prior Bonds and paying costs of
issuing the Series 2016 Bonds; and
WHEREAS, the City desires to complete the financing of the 2016 Projects and
refunding of the Prior Bonds on a schedule that necessitates approval by the Authority at its
regularly scheduled September which precedes the September meeting of the City Council, and
in furtherance of such objective, the Authority at its September 20, 2016 meeting, upon
presentation of the City's proposed financing plan by representatives of the City, approved the
issuance of the Series 2016 Bonds for such purposes, subject to approval of the financing plan by
the City Council of the City (the "City Council"); and
WHEREAS, there have been provided or made available to City Council of the City
drafts of the following documents (the "Documents"), proposed in connection with the
undertaking of the 2016 Projects, the refunding of the Prior Bonds and the issuance and sale of
the Series 2016 Bonds, which Documents were provided to the Authority in connection with the
Authority's approval:
(a) Ninth Supplemental Agreement of Trust draft dated November 1, 2016 (the
"Ninth Supplemental Agreement"), supplementing the Agreement of Trust dated
as of September 1, 2003, as previously supplemented, including the form of the
Series 2016 Bonds (collectively, the "Trust Agreement"), all between the
Authority and U.S. Bank National Association (successor to Wachovia Bank,
National Association), as successor trustee (the "Trustee"), pursuant to which the
Series 2016 Bonds are to be issued and which is to be acknowledged and
consented to by the City;
(b) Eighth Supplemental Support Agreement draft dated November 1, 2016,
supplementing and amending the Support Agreement dated as of September 1,
2003, as previously supplemented and amended (the "Support Agreement"), all
between the Authority and the City pursuant to which the City will make annual
payments to the Authority in amounts sufficient to pay the principal of and
interest on the Series 2016 Bonds;
(c) Preliminary Official Statement draft dated October [5], 2016, of the Authority
relating to the public offering of the Series 2016 Bonds (the Preliminary Official
Statement"); and
(d) Continuing Disclosure Agreement draft dated November 1, 2016, the form of
which is appended to the Preliminary Official Statement, pursuant to which the
City agrees to undertake certain continuing disclosure obligations with respect to
the Series 2016 Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The following plan for financing the 2016 Projects and refunding the Prior Bonds
is hereby approved.
(a) The Authority will issue the Series 2016 Bonds in a maximum aggregate
principal amount not to exceed $36,000,000, of which not more than $27,000,000 will be used
for the 2016 Projects and not more than $9,000,000 will be used for refunding the Prior Bonds.
The Authority will use the proceeds of the Series 2016 Bonds to finance the costs of the 2016
Projects, to refund the Prior Bonds within the limitations set forth in paragraph (b) and Section 4
below and at the election of the City Manager to pay all or a portion of the costs of issuance of
the Series 2016 Bonds. Pursuant to the Support Agreement, the City will make Annual
Payments and Additional Payments (as each is defined in the Support Agreement) to the
Authority in amounts sufficient to amortize the Series 2016 Bonds and to pay the fees or
expenses of the Authority and the Trustee. The obligation of the Authority to pay principal of
and premium, if any, and interest on the Series 2016 Bonds will be limited to Annual Payments
and Additional Payments received from the City. The Series 2016 Bonds will be secured by an
assignment of the Annual Payments and certain Additional Payments due under the Support
PA
Agreement, all for the benefit of the holders of the Series 2016 Bonds. The undertaking by the
City to make Annual Payments and Additional Payments will be subject to the City Council
making annual appropriations in amount sufficient for such purposes. The plan of financing for
the 2016 Projects shall contain such additional requirements and provisions as may be approved
by the City.
(b) In connection with the refunding of the Prior Bonds, the City Manager is
authorized and directed to select the principal maturities of the Prior Bonds or portions of such
maturities to be refunded and, working with the Authority, to cause to be called for optional
redemption any such maturity or portion thereof to be redeemed prior to its stated maturity in
accordance with the provisions of such bonds; provided such maturities or portions thereof
selected are expected in the aggregate to provide a minimum savings of 3.0% on a net present
value basis as determined by the City's financial advisor, Public Resources Advisory Group (the
"Financial Advisor"). In connection with the refunding herein authorized, the City Manager, if
determined necessary or appropriate in consultation with the Financial Advisor, is authorized to
retain the services of independent consultants to provide verification reports (the "Verification
Agent") on aspects of the refunding and is further authorized to retain the services of one or
more escrow agents (the "Escrow Agent") and to enter into escrow agreements with them to the
extent needed to hold portions of the proceeds of the Series 2016 Bonds, defeasance securities
purchased with such proceeds and other funds as needed pending their application to refund the
Prior Bonds or portions thereof selected to be refunded.
2. The City Council, while recognizing that it is not empowered to make any binding
commitment to make appropriations beyond the current fiscal year, hereby states its intent to
make annual appropriations in future fiscal years in amounts sufficient to make all payments due
under the Support Agreement and hereby recommends that future City Councils do likewise
during the term of the Support Agreement.
3. The City Manager is hereby authorized to execute the Documents, which shall be
in substantially the forms provided or made available to City Council, which are hereby
approved, with such completions, omissions, insertions and changes, including changes to the
dates thereof, not inconsistent with this Resolution as may be approved by the City Manager, his
execution to constitute conclusive evidence of his approval of any such completions, omissions,
insertions and changes.
4. In making completions to the Support Agreement, the City Manager, in
collaboration with the Financial Advisor, shall provide for Annual Payments in amounts
equivalent to, and at all times sufficient to make, the payments on the Series 2016 Bonds, which
shall be sold to the purchaser or purchasers thereof on terms as shall be satisfactory to the City
Manager; subject to the following:
(a) With respect to the Series 2016A Bonds, such bonds (i) shall mature not
later than December 1, 2036, (ii) have a true or "Canadian" interest cost not exceeding 3.50%
(taking into account any original issue discount and premium), (iii) be sold to the purchaser or
purchasers thereof at a price not less than par or 100% of the aggregate principal amount thereof
and (iv) shall be subject to optional redemption beginning no later than and continuing after
December 1, 2026, at an optional redemption price of no more than 102% of the principal
amount to be redeemed plus accrued interest to the optional redemption date; and
3
(b) With respect to the Series 2016B Bonds, such bonds (i) shall mature not
later than the final maturity date of the Prior Bonds being refunded, (ii) have a true or
"Canadian" interest cost not exceeding 3.50% (taking into account any original issue discount
and premium), (iii) be sold to the purchaser or purchasers thereof at a price not less than par or
100% of the aggregate principal amount thereof and (iv) shall not be subject to optional
redemption prior to maturity.
(c) The City Manager is further authorized to approve the principal amounts,
maturity schedules and interest payment dates, including determination of any serial maturities
and any term maturities, for the Series 2016 Bonds and, in consultation with the Financial
Advisor, to provide for the issuance of the Series 2016 Bonds in one or more series at the same
time or at different times as tax-exempt or taxable obligations, with appropriate series
designations, as the City Manager determines to be necessary or appropriate and in the best
interest of the City.
(d) The Series 2016 Bonds shall be sold by competitive bid in one or more
series in the principal amount determined by the City Manager, in collaboration with the
Financial Advisor, and the City Manager shall receive bids and award the Series 2016 Bonds to
the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set
forth in the paragraphs above. Following the sale of the Series 2016 Bonds, the City Manager
shall file a certificate with the City Clerk setting forth the final terms of the Series 2016 Bonds.
The actions of the City Manager in approving the terms of the Series 2016 Bonds shall be
conclusive, and no further action shall be necessary on the part of the City Council.
5. The Preliminary Official Statement in the form provided or made available to City
Council is approved with respect to the information contained therein pertaining to the City. The
Preliminary Official Statement in form deemed to be "near final," within the meaning of Rule
15c2-12 of the Securities and Exchange Commission (the "Rule"), with such completions,
omissions, insertions and changes not inconsistent with this Resolution as may be approved by
the City Manager is authorized to be distributed in connection with the marketing and sale of the
Series 2016 Bonds. Such distribution shall constitute conclusive evidence that the City has
deemed the Preliminary Official Statement to be final as of its date within the meaning of the
Rule, with respect to the information therein pertaining to the City. The City Manager is
authorized and directed to approve such completions, omissions, insertions and other changes to
the Preliminary Official Statement that are necessary to reflect the terms of the sale of the Series
2016 Bonds, within the limitations as set forth in Section 4, and the details thereof and that are
appropriate to complete it as an official statement in final form (the "Official Statement") and
distribution thereof to the purchaser or purchasers of the Series 2016 Bonds shall constitute
conclusive evidence that the City has deemed the Official Statement final as of its date within the
meaning of the Rule.
6. The City covenants that it shall not take or omit to take any action the taking or
omission of which shall cause the Series 2016A Bonds to be "arbitrage bonds" within the
meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code), and
regulations thereunder, or otherwise cause interest on the Series 2016A Bonds to be includable in
the gross income for Federal income tax purposes of the registered owners thereof under existing
law. Without limiting the generality of the foregoing, the City shall comply with any provision
4
of law that may require the City at any time to rebate to the Unites States of America any part of
the earnings derived from the investment of the gross proceeds of the Series 2016A Bonds. The
City shall pay from its legally available general funds any amount required to be rebated to the
United States of America pursuant to the Code.
7. To ensure compliance with federal tax law after the Series 2016A Bonds are
issued, the City Manager, Director of Finance and other officers of the City are authorized and
directed to apply the Post -Issuance Compliance Policies and Procedures adopted by Council on
March 13, 2012 to monitor the use of the proceeds of the Series 2016A Bonds, including the use
of the projects financed and refinanced with such proceeds, and to monitor compliance with
arbitrage yield restriction and rebate requirements, and to ensure compliance with continuing
disclosure requirements of federal securities law with respect to the Series 2016A Bonds and the
Series 2016B Bonds, such officers are authorized and directed to apply the continuing disclosure
procedures contained in such Compliance Policies and Procedures to such Series 2016A Bonds
and Series 2016B Bonds.
8. The Director of Finance is authorized to direct the City Treasurer to utilize the
State Non -Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with
the investment of the proceeds of the Series 2016 Bonds, if the City Manager and the Director of
Finance determine that the utilization of SNAP is in the best interest of the City. The City
Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and
shall not be, in any way liable to the City in connection with SNAP, except as otherwise
provided in the SNAP Contract.
9. Any authorization herein to execute a document shall include authorization to
deliver it to the other parties thereto and to record such document where appropriate.
10. All other acts of the City Manager, the Director of Finance and other officers of
the City that are in conformity with the purposes and intent of this Resolution and in furtherance
of the issuance and sale of the Series 2016 Bonds, the undertaking of the 2016 Projects and the
refinancing of the Prior Bonds are hereby approved and ratified. The City Manager is authorized
to prepare, modify or amend such documents and agreements as may be required to evidence the
approval of such other actions.
11. The City Manager is authorized and directed to cause a certified copy of this
Resolution to be filed with the Authority to evidence the City Council's request for assistance
and approval of the plan of financing for the 2016 Projects and refinancing of the Prior Bonds
through the issuance by the Authority of the Series 2016 Bonds.
5
12. This Resolution shall take effect immediately.
CERTIFIED TO BE A TRUE COPY OF A
RESOLUTION ADOPTED BY THE
COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA ON SEPTEMBER 20,
2016.
Clerk, City Council of the City of Virginia
Beach, Virginia
no
Adopted by the City Council of the City of Virginia Beach, Virginia, this 20th day of
September, 2016.
APPROVED AS TO CONTENT:
P
Patti Phillips, Director
Finance Department
CA13807
R-1
September 9, 2016
7
APPROVED AS TO LEGAL
IENCY:
V
rme er, Senior Finance Attorney
City Attorney's Office
CERTIFICATE
The undersigned Clerk of the City Council of the City of Virginia Beach, Virginia (the
"City Council"), certifies that:
1. A meeting of the City Council was held on September 20, 2016, at the time and
place established and noticed by the City Council, at which the members of the City Council
were present or absent as noted below. The foregoing Resolution was adopted by a majority of
the members of the City Council, by a roll call vote, the ayes and nays being recorded in the
minutes of the meeting as shown below:
William D. Sessoms, Jr., Mayor
Louis R. Jones, Vice Mayor
M. Benjamin Davenport
Robert M. Dyer
Barbara M. Henley
Shannon DS Kane
John D. Moss
Amelia N. Ross -Hammond
John E. Uhrin
Rosemary Wilson
James L. Wood
PRESENT/ABSENT:
VOTE:
2. The foregoing Resolution is a true and correct copy of such Resolution as adopted
on September 20, 2016. The foregoing Resolution has not been repealed, revoked, rescinded or
amended and is in full force and effect on the date hereof.
WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this
day of September, 2016.
(SEAL)
4810-4831-9030.2
N.
Clerk, City Council of the City of Virginia
Beach, Virginia
NINTH SUPPLEMENTAL AGREEMENT OF TRUST
Between
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
And
U.S. BANK NATIONAL ASSOCIATION,
as successor Trustee
Dated as of November 1, 2016
Parties
Recitals
Granting Clause
TABLE OF CONTENTS
ARTICLE I
NINTH SUPPLEMENTAL AGREEMENT
Section 1-101. Authorization of Ninth Supplemental Agreement...........................................2
Section1-102. Definitions.......................................................................................................2
Section 1-103. Rules of Construction.....................................................................................3
ARTICLE II
AUTHORIZATION, DETAILS AND FORM OF SERIES 2016 BONDS
1
1
1
Section 2-201.
Authorization of Series 2016 Bonds...................................................................4
Section 2-202.
Details of Series 2016 Bonds.............................................................................4
Section 2-203.
Form of Series 2016 Bonds................................................................................5
Section 2-204.
Securities Depository Provisions.......................................................................5
Section 2-205.
Delivery of Series 2016 Bonds..........................................................................6
ARTICLE III
REDEMPTION OF SERIES 2016 BONDS
Section 3-301. Redemption Date and Price...............................................................................6
Section 3-302. Selection of Series 2016 Bonds for Redemption...............................................7
Section 3-303. Notice of Redemption........................................................................................7
ARTICLE IV
APPLICATION OF PROCEEDS OF SERIES 2016 BONDS
Section 4-401. Application of Proceeds of Series 2016 Bonds..................................................8
ARTICLE V
ESTABLISHMENT OF ACCOUNT
Section 5-501. Series 2016 Project Account..............................................................................8
1
Section 5-502
Section 5-503
Section 6-601
Section 7-701.
Section 7-702.
Section 7-703.
Section 7-704.
Section 7-705.
Section 7-707.
Series 2016 Refunding Account........................................................................9
Costs of Issuance Account.................................................................................9
ARTICLE VI
SECURITY FOR SERIES 2016 BONDS
Security for Series 2016 Bonds...
ARTICLE VII
.................................................................9
MISCELLANEOUS
Limited on Use of Proceeds .............
Limitation of Right . .........................
Severability ......................................
Successors and Assigns ....................
Applicable Law ................................
Counterparts .....................................
Exhibit A
— Form of Series 2016A Bond
Exhibit B
— Form of Series 2016B Bond
Exhibit C
—Prior public Facility Revenue Bonds Bonds
Exhibit D
— Refunded Prior Bonds
11
................................................................9
................................................................9
..............................................................10
..............................................................10
..............................................................10
..............................................................10
A-1
B-1
C-1
D-1
This NINTH SUPPLEMENTAL AGREEMENT OF TRUST dated as of November 1,
2016, by and between the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a
political subdivision of the Commonwealth of Virginia (the "Authority"), and U.S. BANK
NATIONAL ASSOCIATION (as successor to Wachovia Bank, National Association), a
national banking association, having a corporate trust office in Richmond, Virginia, as trustee in
such capacity, together with any successor in such capacity, herein called the "Trustee"),
provides:
WHEREAS, the Authority is a political subdivision of the Commonwealth of Virginia
duly created by Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act");
and
WHEREAS, the Authority and the Trustee have entered into an Agreement of Trust
dated as of September 1, 2003 (the "Master Agreement of Trust"), pursuant to which the
Authority has agreed to issue from time to time, and has issued under supplemental agreements
of trust public facility revenue bonds or notes to finance or refinance the costs incurred in
connection with certain Projects (as hereinafter defined) for the benefit of the City of Virginia
Beach, Virginia (the "City); and
WHEREAS, within the limitations of and in compliance with the Master Agreement of
Trust, the City has requested the Authority to issue public facility revenue bonds to finance the
costs of the Series 2016 Projects (as hereinafter defined) and to refund for debt service savings
certain of the Authority's Public Facility Revenue Bonds, Series 2005B (Federally Taxable) and
Series 2007B (Federally Taxable) previously issued by the Authority to assist the City in
financing various public facilities; and
WHEREAS, among the public facility revenue bonds previously issued by the
Authority, at the request of the City, there are currently outstanding $ in aggregate
principal amount of such public facility revenue bonds as more particularly identified herein
(collectively, the "Prior Public Facility Revenue Bonds").
WHEREAS, the Authority has agreed to issue its Public Facility Revenue Bonds, Series
2016A in the aggregate principal amount of $ , and its Public Facility Refunding
Revenue Bonds, Series 2016B (Federally Taxable) in the aggregate principal amount of
$ , with each of such Series 2016 Bonds being secured by a pledge of the revenues and
receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and
amended in connection with the issuance of each series of Prior Public Facility Revenue Bonds
by supplemental support agreements, and with respect to the Series 2016 Bonds by an Eighth
Supplemental Support Agreement dated as of November 1, 2016 (collectively, the "Support
Agreement"), between the Authority and the City, and the City has agreed, subject to the annual
appropriation by the Council of the City, to make annual payments that will be sufficient to pay
the principal of and premium, if any, and interest on such public facility revenue bonds as the
same shall become due; and
WHEREAS, the Authority has taken all necessary action to make the Series 2016 Bonds,
when authenticated by the Trustee and issued by the Authority, valid and binding limited
obligations of the Authority and to constitute this Ninth Supplemental Agreement of Trust (the
"Ninth Supplemental Agreement") a valid and binding agreement authorizing and providing for
the details of the Series 2016 Bonds;
NOW THEREFORE, in consideration of the premises and the mutual covenants and
agreements hereinafter contained, the parties hereto agree as follows:
ARTICLE I
NINTH SUPPLEMENTAL AGREEMENT
Section 1-101. Authorization of Ninth Supplemental Agreement.
This Ninth Supplemental Agreement is authorized and executed by the Authority and
delivered to the Trustee pursuant to and in accordance with Articles III and X of the Master
Agreement of Trust. All terms, covenants, conditions and agreements of the Master Agreement
of Trust shall apply with full force and effect to the Series 2016 Bonds and to the holder thereof,
except as otherwise provided in this Ninth Supplemental Agreement.
Section 1-102. Definitions.
Except as otherwise defined in this Ninth Supplemental Agreement, words defined in the
Master Agreement of Trust are used in this Ninth Supplemental agreement with the meanings
assigned to them in the Master Agreement of Trust. In addition, the following words shall have
the following meanings unless a different meaning clearly appears from the context:
"Eighth Supplemental Support Agreement" shall mean the Eighth Supplemental
Support Agreement dated as of November 1, 2016 between the City and the Authority.
"Escrow Deposit Agreement" means the Escrow Deposit Agreement dated as of
November [3], 2016 between the Authority and the Trustee in its capacity as escrow agent for
the refunding of the Refunded Prior Bonds.
"Letter of Representations" shall mean the Blanket Letter of Representations dated July
11, 1997, from the Authority to the Securities Depository and any amendments thereto or
successor agreements between the Authority and any successor Securities Depository with
respect to the Series 2016 Bonds. Notwithstanding any provision of the Master Agreement of
Trust, including Article X regarding amendments, the Trustee may enter into any such
amendment or successor agreement without the consent of Bondholders.
"Ninth Supplemental Agreement" shall mean this Ninth Supplemental Agreement of
Trust between the Authority and the Trustee, which supplements and amends the Master
Agreement of Trust.
"Prior Public Facility Revenue Bonds" shall mean the currently outstanding public
facility revenue bonds previously issued pursuant to the Master Indenture and certain
supplements thereto described in Exhibit C.
Pa
"Project" or "Projects" shall have the meaning set forth in the Support Agreement.
"Refunded Prior Bonds" means the maturities of the Taxable Public Facility Revenue
Bonds, Series 2005B and Series 2007B described in Exhibit D to this Ninth Supplemental
Agreement.
"Securities Depository" shall mean The Depository Trust Company, a corporation
organized and existing under the laws of the State of New York, and any other securities
depository for the Series 2016 Bonds appointed pursuant to Section 2-204, and their successors.
"Series 2016 Bonds" shall mean the Authority's $ Public Facility Revenue
Bonds, Series 2016A and $ Public Facility Refunding Revenue Bonds, Series 2016B
(Federally Taxable), authorized to be issued pursuant to this Ninth Supplemental Agreement.
"Series 2016 Projects" shall mean have the meaning set forth in the Eighth
Supplemental Support Agreement.
"Series 2016 Project Account" shall mean the Series 2016 Project Account established
in Section 5-501 of this Ninth Supplemental Agreement.
Section 1-103. Rules of Construction.
The following rules shall apply to the construction of this Ninth Supplemental Agreement
unless the context otherwise requires:
(a) Words importing the singular number shall include the plural number and vice
versa.
(b) Words importing the redemption or calling for redemption of Series 2016 Bonds
shall not be deemed to refer to or connote the payment of Series 2016 Bonds at their stated
maturity.
(c) Unless otherwise indicated, all references herein to particular Articles or Sections
are references to Articles or Sections of this Ninth Supplemental Agreement.
(d) The headings herein and Table of Contents to this Ninth Supplemental Agreement
herein are solely for convenience of reference and shall not constitute a part of this Ninth
Supplemental Agreement nor shall they affect its meaning, construction or effect
(e) All references herein to payment of Series 2016 Bonds are references to payment
of principal of and interest on the Series 2016 Bonds.
3
ARTICLE II
AUTHORIZATION, DETAILS AND FORM OF SERIES 2016 BONDS
Section 2-201. Authorization of Series 2016 Bonds.
There are hereby authorized to be issued Public Facility Revenue Bonds, Series 2016A in
the aggregate principal amount of $ and Public Facility Refunding Revenue Bonds,
Series 2016B (Federally Taxable) in the aggregate principal amount of $ , the
proceeds of which to be applied in accordance with Article IV hereof to finance the costs of the
Series 2016 Projects, refund the Refunded Prior Bonds, and pay costs incident to issuing the
Series 2016 Bonds.
Section 2-202. Details of Series 2016 Bonds.
(a) The Series 2016A Bonds shall be designated "Public Facility Revenue Bonds,
Series 2016A," shall be the date of their delivery, shall be issuable only as fully registered bonds
in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward.
The Series 2016A Bonds shall bear interest at rates, payable semiannually on each May 1 and
November 1, beginning May 1, 2017, and shall mature in installments on November 1 in years
and amounts, as follows:
Year Amount Rate
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
Year Amount Rate
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
(b) The Series 2016B Bonds shall be designated "Public Facility Refunding Revenue
Bonds, Series 2016B (Federally Taxable)," shall be the date of their delivery, shall be issuable
only as fully registered bonds in denominations of $5,000 and integral multiples thereof and shall
be numbered R-1 upward. The Series 2016B Bonds shall bear interest at rates, payable
semiannually on each May 1 and November 1, beginning May 1, 2017, and shall mature in
installments on May 1 in years and amounts, as follows:
Year Amount Rate
2017
2018
2019
12
Year Amount Rate
2023
2024
2025
2020
2026
2021
2027
2022
2028
(c) Each Series 2016 Bond shall bear interest (a) from its date, if such Series 2016
Bond is authenticated prior to the first interest payment date, or (b) otherwise from the interest
payment date that is, or immediately precedes, the date on which such Series 2016 Bond is
authenticated; provided, however, that if at the time of authentication of any Series 2016 Bond
shall bear interest from the date to which interest has been paid. Interest shall be calculated on
the basis of a 360 -day year of twelve 30 -day months.
(d) Principal of the Series 2016 Bonds shall be payable to the registered holder(s)
upon the surrender of Series 2016 Bonds at the corporate trust office of the Trustee in Richmond,
Virginia. Interest on the Series 2016 Bonds shall be payable by check or draft mailed to the
registered owners at their addresses as they appear on the registration books kept by the Trustee
on the fifteenth day of the month preceding each interest payment date; provided, however, if the
Series 2016 Bonds are registered in the name of a Securities Depository or its nominee as
registered holder or at the option of a registered holder(s) of at least $1,000,000 of Series 2016
Bonds, payment shall be made by wire transfer pursuant to the wire instructions received by the
Trustee from such registered holder(s). If the nominal date for making any payment on the Series
2016 Bonds is not a Business Day, the payment may be made on the next Business Day with the
same effect as if made on the nominal date, and no additional interest shall accrue between the
nominal date and the actual payment date. Principal and interest shall be payable in lawful
money of the United States of America.
Section 2-203. Form of Series 2016 Bonds.
The Series 2016A Bonds shall be in substantially the form set forth in Exhibit A and the
Series 2016B Bonds shall be in substantially the form set forth in Exhibit B, with such
appropriate variations, omissions and insertions as are permitted or required by the Master
Agreement of Trust and this Ninth Supplemental Agreement
Section 2-204. Securities Depository Provisions
Initially, one certificate for each maturity of each Series of the Series 2016 Bonds will be
issued and registered to the Securities Depository, or its nominee. The Authority has entered into
a Letter of Representations relating to a book -entry system to be maintained by the Securities
Depository with respect to the Series 2016 Bonds.
In the event that (a) the securities Depository determines not to continue to act as a
securities depository for the Series 2016 Bonds by giving notice to the Trustee and the Authority
discharging its responsibilities hereunder or (b) the Authority, at the direction of the City,
determines (1) that beneficial owners of Series 2016 Bonds shall be able to obtain certificated
Series 2016 Bonds or (2) to select a new Securities Depository, then the Trustee shall, at the
direction of the authority, attempt to locate another qualified securities depository to serve as
Securities Depository or authenticate and deliver certificated Series 2016 Bonds to the beneficial
owners or to the Securities Depository participants on behalf of beneficial owners substantially
5
in the form provided for in Exhibit A or Exhibit B, as applicable; provided, however, that such
form shall provide for interest on the Series 2016 Bonds to be payable (i) from its dated date if it
is authenticated prior to the first interest payment date or (ii) otherwise from the interest payment
date that is, or immediately precedes, the date on which it is authenticated (unless payment of
interest thereon is in default, in which case interest on such Series 2016 Bonds shall be payable
from the date to which interest has been paid). In delivering certificated Series 2016 Bonds, the
Trustee shall be entitled to rely conclusively on the records of the Securities Depository as to the
beneficial owners or the records of the Securities Depository participants acting on behalf of
beneficial owners. Such certificated Series 2016 Bonds will be registerable, transferable and
exchangeable as set forth in Section 204 and 205 of the Master Agreement of Trust.
So long as there is a Securities Depository for the Series 2016 Bonds (A) it or its nominee
shall be the registered holder(s) of the Series 2016 Bonds, (B) notwithstanding anything to the
contrary in this Ninth Supplemental Agreement, determinations of persons entitled to payment of
principal and interest, transfers of ownership and exchanges and receipt of notices shall be the
responsibility of the Securities Depository and shall be effected pursuant to rules and procedures
established by such Securities Depository, (C) the Authority and the Trustee shall not be
responsible or liable for maintaining, supervising or reviewing the records maintained by the
Securities Depository, its participants or persons acting through such participants, (D) references
in this Ninth Supplemental Agreement to registered holder(s) of the Series 2016 Bonds shall
mean such Securities Depository or its nominee and shall not mean the beneficial owners of the
Series 2016 Bonds and (E) in the event of any inconsistency between the provisions of this Ninth
Supplemental Agreement, other than those set forth in this paragraph and the preceding
paragraph, and the provisions of the Letter of Representations such provisions of the Letter of
Representations shall control.
Section 2-205. Delivery of Series 2016 Bonds.
The Trustee shall authenticate and deliver the Series 2016 Bonds when there have been
filed with or delivered to it all items required by Section 303 of the Master Agreement of Trust.
ARTICLE III
REDEMPTION OF SERIES 2016 BONDS
Section 3-301. Redemption Date and Price.
Optional Redemption. The Series 2016A Bonds may not be called for redemption by the
Authority except as follows. The Series 2016A Bonds maturing on or after November 1, 2027
may be redeemed by the Authority, at the direction of the City, on or after November 1, 2026, in
whole or in part at any time (in increments of $5,000), at a redemption price of 100% of the
principal amount, or portion thereof, of Series 2016A Bonds to be redeemed plus interest accrued
to the redemption date.
The Series 2016B Bonds may not be called for redemption by the Authority.
2
Section 3-302. Selection of Series 2016 Bonds for Redemption.
If less than all of the Series 2016 Bonds are called for redemption, the maturities of the
Series 2016 Bonds to be redeemed shall by selected by the Authority as directed by the City. If
less than all of a particular maturity of the Series 2016 Bonds are called for redemption, the
Series 2016 Bonds to be redeemed shall be selected by the Securities Depository or any
successor securities depository pursuant to its rules and procedures or, if the book -entry system
is discontinued, shall be selected by the Trustee by lot in such manner as the Trustee in its
discretion may determine. The portion of any Series 2016 Bond to be redeemed shall be in the
principal amount of $5,000 or some multiple thereof. In selecting Series 2016 Bonds for
redemption, each Series 2016 Bond shall be considered as representing that number of Series
2016 bonds which is obtained by dividing the principal amount of such Series 2016 Bonds by
$5,000. If a portion of a Series 2016 Bond shall be called for redemption, a new Series 2016
Bond in principal amount equal to the unredeemed portion thereof shall be issued to the
registered owner upon the surrender thereof.
Section 3-303. Notice of Redemption.
The Trustee, upon being satisfied as to the payment of its expenses and upon receiving
the notice of redemption from the Authority not less than 45 days prior to the redemption date,
shall send notice of the call for redemption, identifying the Series 2016 Bonds or portions thereof
to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, (a) by
facsimile or electronic transmission, registered or certified mail or overnight express delivery, to
DTC, or if DTC is no longer serving as securities depository for the Series 2016 Bonds, to the
substitute securities depository, or if no securities depository exists, to the respective holders of
each Series 2016 Bond to be redeemed at the holder's address as it appears on the registration
books kept by the Trustee, (b) by facsimile or electronic transmission, registered or certified mail
or overnight express delivery, to all organizations registered with the Securities and Exchange
Commission as securities depositories and (c) to each nationally recognized municipal securities
information repository designated as such by the Securities and Exchange Commission. In
preparing and delivering such notice, the Trustee shall take into account, to the extent applicable,
the prevailing tax-exempt securities industry standards and any regulatory statement of any
federal or state administrative board having jurisdiction over the Authority or the tax-exempt
securities industry, including Release No. 34-23856 of the Securities and Exchange Commission
or any subsequent amending or superseding release. Failure to give any notice specified in (a)
above, or any defect therein, shall not affect the validity of any proceedings for the redemption of
any Series 2016 Bond with respect to which no such failure or defect has occurred. Failure to
give any notice specified in (b) or (c) above, or any defect herein, shall not affect the validity of
any proceedings for the redemption of any Series 2016 Bonds with respect to which the notice
specified in (a) above is correctly given. Any notice mailed or provided herein shall conclusively
be presumed to have been given whether or not actually received by any Series 2016
Bondholder.
In the case of an optional redemption, the notice may state that (1) it is conditioned upon
the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with
the Trustee no later than the redemption date or (2) the Authority, as directed by the City, retains
the right to rescind such notice on or prior to the scheduled redemption date (in either case, a
7
"Conditional Redemption"), and such notice and optional redemption shall be of no effect if such
moneys are not so deposited or if the notice is rescinded as described herein. Any Conditional
Redemption in (2) above may be rescinded at any time prior to the redemption date if the
Authority delivers a written direction to the Trustee directing the Trustee to rescind the
redemption notice and any funds deposited with the Trustee in connection with such rescinded
redemption shall be returned to the City. The Trustee shall give prompt notice of such rescission
to the affected Series 2016 Bondholders. Any Series 2016 Bonds subject to Conditional
Redemption where redemption has been rescinded shall remain Outstanding, and the rescission
shall not constitute an Event of Default. Further, in the case of Conditional Redemption, the
failure of the Authority to make funds available on or before the redemption date shall not
constitute an Event of Default, and the Trustee shall give immediate notice to all organizations
registered with the Securities and Exchange Commission as securities depositories or the
affected Series 2016 Bondholders that the redemption did not occur and that the Series 2016
Bonds called for redemption and not so paid remain outstanding.
ARTICLE IV
APPLICATION OF PROCEEDS OF SERIES 2016 BONDS
Section 4-401. Application of Proceeds of Series 2016 Bonds.
(a) The proceeds of the Series 2016A Bonds in the amount of $ shall be
deposited into the Series 2016 Project Account in the Project Fund, including the good faith
deposit ($ ) previously received by the City from the purchaser of the Series 2016A
Bonds. [Of such amount, $ , for reimbursement of prior expenditures for Series 2016
Projects shall be transferred upon receipt by the Trustee to the City in accordance with
instructions provided by the City, and the balance $ , shall be deposited with the State
Non -Arbitrage Program and credited to the Series 2016 Project Account unless otherwise
directed by the City.]
(b) The proceeds of the Series 2016B Bonds in the amount of $ ,
including the good faith deposit ($ ) previously received by the City from the
purchaser of the Series 2016B Bonds, shall be deposited by the Trustee upon receipt under the
Escrow Deposit Agreement for which the Trustee serves as escrow agent to effect the refunding
of the Refunded Prior Bonds.
(c) The remaining balance of the Series 2016A Bonds ($ ) and Series
2016B Bonds ($ shall be applied by the City to Costs of Issuance of the Series 2016A
Bonds and Series 2016B Bonds, respectively, or to additional 2016 Project costs.
ARTICLE V
ESTABLISHMENT OF ACCOUNT
Section 5-501. Series 2016 Project Account.
There shall be established within the Project Fund a special account entitled "Series 2016
Project Account" to be funded as specified in Section 4-401(a). Money in the Series 2016 Project
N.
Account shall be used in accordance with the provisions of Section 503 of the Master Agreement
of Trust to pay or reimburse Series 2016 Project costs.
Section 5-502. Series 2016 Refunding Account.
There shall be established a special account entitled "Series 2016 Refunding Account."
The portion of the proceeds of the Series 2016B Bonds specified in Section 4-401(b) shall be
deposited by the Trustee under the Escrow Deposit Agreement and accounted for within such
refunding account.
Section 5-503. Costs of Issuance Account.
There is hereby established in the Project Fund a "Series 2016 Bond Costs of Issuance
Account" into which the proceeds of the Series 2016A Bonds and 2016B Bonds specified in
Section 4-401(c) shall be deposited in separate subaccounts for each such series. Such accounts
will be used as directed in such section to pay issuance costs of the Series 2016 Bonds or applied
to pay or reimburse Series 2016 Project costs.
ARTICLE VI
SECURITY FOR SERIES 2016 BONDS
Section 6-601. Security for Series 2016 Bonds.
The Series 2016 Bonds shall be equally and ratably secured under the Master Agreement
of Trust with the Authority's Prior Public Facility Revenue Bonds and any other series of public
facility revenue bonds issued pursuant to Article III of the Master Agreement of Trust, without
preference, priority or distinction of any Bonds over any other Bonds, except as provided in the
Master Agreement of Trust.
ARTICLE VII
MISCELLANEOUS
Section 7-701. Limited on Use of Proceeds.
The Authority intends that interest on the Series 2016A Bonds shall be excluded from
gross income for Federal income tax purposes. The Authority covenants with the holders of the
Series 2016A Bonds not to take any action that would adversely affect, and to take all action
within its power necessary to maintain, the exclusion of interest on all Series 2016A Bonds from
gross income for Federal income taxation purposes.
Section 7-702. Limitation of Right.
With the exception of rights herein expressly conferred, nothing expressed or mentioned
in or to be implied from this Ninth Supplemental Agreement or the Series 2016 Bonds is
intended or shall be construed to give to any person other than the parties hereto and the holders
of Series 2016 Bonds any legal or equitable right, remedy or claim under or in respect to this
9
Ninth Supplemental Agreement or any covenants, conditions and agreements herein contained
since this Ninth Supplemental Agreement and all of the covenants, conditions and agreements
hereof are intended to be and are for the sole and exclusive benefit of the parties hereto and the
holders of Bonds as herein provided.
Section 7-703. Severability.
If any provision of this Ninth Supplemental Agreement shall be held invalid by any court
of competent jurisdiction, such holding shall not invalidate any other provision hereof and this
Ninth Supplemental Agreement shall be construed and enforced as if such illegal provision had
not been contained herein.
Section 7-704. Successors and Assigns.
This Ninth Supplemental Agreement shall be binding upon, inure to the benefit of and be
enforceable by the parties and their respective successors and assigns.
Section 7-705. Applicable Law.
This Ninth Supplemental Agreement shall be governed by the applicable laws of the
Commonwealth of Virginia.
Section 7-706. Patriot Act Compliance.
To help the government fight the funding of terrorism and money laundering activities,
Federal law requires all financial institutions to obtain, verify and record information that
identifies each person who opens an account. For a non -individual person such as a business
entity, a charity, a Trust or other legal entity the Trustee will ask for documentation to verify its
formation and existence as a legal entity. The Trustee may also ask to see financial statements,
licenses, identification, and authorization documents from individuals claiming authority to
represent the entity or other relevant documentation.
Section 7-707. Counterparts.
This Ninth Supplemental Agreement may be executed in several counterparts, each of
which shall be an original and all of which together shall constitute but one and the same
instrument.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
10
IN WITNESS WHEREOF, the Authority and the Trustee have caused this Ninth
Supplemental Agreement to be executed in their respective corporate names as of the date first
above written.
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
U.S. BANK NATIONAL ASSOCIATION,
As Trustee
I=
Title:
Acknowledged and Consented To:
CITY OF VIRGINIA BEACH, VIRGINIA,
WE
Title:
11
EXHIBIT A
Unless this certificate is presented by an authorized representative of The
Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for
registration of transfer, exchange, or payment, and any certificate is registered in the name
of Cede & Co., or in such other name as is requested by an authorized representative of
DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an
authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE
HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL
inasmuch as the registered owner hereof, Cede & Co., has an interest herein.
REGISTERED REGISTERED
R-1 $
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INTEREST RATE
Public Facility Revenue Bond, Series 2016A
MATURITY DATE
November 1,
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
DATED DATE
November 3, 2016
CUSIP
927734
DOLLARS
The City of Virginia Beach Development Authority, a political subdivision of the
Commonwealth of Virginia (the "Authority"), for value received, hereby promises to pay upon
surrender hereof at the principal corporate trust office of U.S. Bank National Association
(successor to Wachovia Bank, National Association), Richmond, Virginia, as trustee, or its
successor in trust (the "Trustee"), under the Agreement of Trust (as hereinafter defined) solely
from the source and as hereinafter provided, to the registered owner hereof, or registered assigns
or legal representative, the principal sum stated above on the maturity date stated above, subject
to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon
on each May 1 and November 1, beginning May 1, 2017 at the annual rate stated above,
calculated on the basis of a 360 -day year of twelve 30 -day months. Interest is payable (a) from
November 3, 2016, if this bond is authenticated prior to May 1, 2017, or (b) otherwise from the
May 1 or November 1 that is, or immediately precedes, the date on which this bond is
authenticated (unless payment of interest hereon is in default, in which case this bond shall bear
FEW
interest from the day to which interest has been paid). Interest is payable by check or draft
mailed to the registered owner hereof at its address as it appears on the fifteenth day of the month
preceding each interest payment date on registration books kept by the Trustee; provided,
however, that at the option of a registered owner of at least $1,000,000 of Series 2016A Bonds
(as hereinafter defined), payment will be made by wire transfer pursuant to the most recent wire
instructions received by the Trustee from such registered owner. If the nominal date for making
any payment on this bond is a Business Day (as hereinafter defined), the payment may be made
on the next Business Day with the same effect as if made on the nominal date, and no additional
interest shall accrue between the nominal date and the actual payment date. Principal and
interest are payable in lawful money of the United States of America.
"Business Day" shall mean a day on which banking business is transacted, but not
including a Saturday, Sunday or legal holiday, or any day on which banking institutions are
authorized by law to close in the city in the Commonwealth of Virginia in which the Trustee has
its principal corporate trust office.
Notwithstanding any other provision hereof, this bond is subject to book -entry form
maintained by the Depository Trust Company ("DTC"), and the payment of principal and
interest, the providing of notices and other matters shall be made as described in the Authority's
Letter or Representations to DTC.
This bond is one of an issue of $ Public Facility Revenue Bonds,
Series 2016A (the "Series 2016A Bonds") and $ Public Facility Refunding Revenue
Bonds, Series 2016B (Federally Taxable) (the "Series 2016B Bonds" and, collectively, the
"Bonds"), authorized and issued pursuant to Chapter 643 of the Virginia Acts of Assembly of
1964, as amended. The Bonds are issued under and secured by an Agreement of Trust dated as
of September 1, 2003, between the Authority and the Trustee, as previously supplemented and as
further supplemented with respect to the Series 2016 Bonds by a Ninth Supplemental Agreement
of Trust dated as of November 1, 2016 (collectively, the "Agreement of Trust"). The Agreement
of Trust assigns to the Trustee, as security for the Bonds, (a) the revenues and receipts derived
from a Support Agreement dated as of September 1, 2003, as supplemented and amended in
connection with the issuance of each series of Prior Public Facility Revenue Bonds by
supplemental support agreements, and with respect to the Series 2016 Bonds by an Eighth
Supplemental Support Agreement dated as of November 1, 2016 (collectively, the "Support
Agreement"), each between the Authority and the City of Virginia Beach, Virginia (the "City"),
and (b) the Authority's rights under the Support Agreement (except for the Authority's rights
under the Support Agreement to the payment of certain fees and expenses and the rights to
notices). Reference is hereby made to the Agreement of Trust for a description of the provisions,
among others, with respect to the nature and extent of the security, the rights, duties and
obligations of the Authority and the Trustee, the rights of the holders of the Bonds and the terms
upon which the Bonds are issued and secured. The Bonds are equally and ratably secured on a
parity basis with the Authority's [$9,000,000 Taxable Public Facility Revenue Bonds,
Series 2005B], its $96,835,000 Public Facility Revenue Bonds, Series 2007A, its $4,030,000
Taxable Public Facility Revenue Bonds, Series 2007B, its $17,000,000 Public Facility Revenue
Bonds, Series 2010A, its $98,035,000 Public Facility Refunding Revenue Bonds, Series 201013,
its $40,450,000 Public Facility Refunding Revenue Bonds, Series 2010C, its $22,580,00 Public
Facility Revenue Bonds, Series 2012A, its $25,640,000 Public Facility Refunding Revenue
A-2
Bonds, Series 2012B, its $20,960,000 Public Facility Revenue Bonds, Series 2013A, its
$44,975,000 Public Facility Revenue Bonds, Series 2014A, its $20,320,000 Public Facility
Refunding Revenue Bonds, Series 2014B, its $48,245,000 Public Facility Revenue Bonds, Series
2015A and its $34,885,000 Public Facility Refunding Revenue Bonds, Series 2015B
(collectively, the "Parity Bonds"). Additional bonds secured by a pledge of revenues and
receipts derived from the City under the Support Agreement on a parity with the Bonds and the
Parity Bonds may be issued under the terms and conditions set forth in the Agreement of Trust.
Terms not otherwise defined herein shall have the meaning assigned such terms in the
Agreement of Trust.
The Bonds are issued to finance the acquisition, construction and equipping of various
capital improvements for the City and to refund certain of the Parity Bonds. Under the Support
Agreement, the City has agreed to make payments that will be sufficient to pay the principal of
and interest on the Bonds as the same shall become due in accordance with their terms and the
provisions and the terms of the Agreement of Trust. The undertaking by the City to make
payments under the Support Agreement does not constitute a debt of the City within the meaning
of any constitutional or statutory limitation nor a liability of or a lien or charge upon funds or
property of the City beyond any fiscal year for which the City has appropriated moneys to make
such payments.
THE BONDS AND THE INTEREST THEREON ARE LIMITED OBLIGATIONS OF
THE AUTHORITY PAYABLE SOLELY FROM REVENUES AND RECEIPTS DERIVED
FROM THE CITY AND RECEIVED BY THE AUTHORITY UNDER THE SUPPORT
AGREEMENT, AND FROM CERTAIN FUNDS, AND THE INVESTMENT INCOME
THEREON, HELD UNDER THE AGREEMENT OF TRUST, WHICH REVENUES,
RECEIPTS AND FUNDS HAVE BEEN PLEDGED AND ASSIGNED TO SECURE
PAYMENT THEREOF. THE BONDS AND INTEREST THEREON SHALL NOT BE
DEEMED TO CONSTITUTE A GENERAL OBLIGATION DEBT OR A PLEDGE OF THE
FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL
SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY. NEITHER
THE COMMONWEALTH OF VIRGINIA NOR ANY POLITICAL SUBDIVISION
THEREOF, INCLUDING THE AUTHORITY AND THE CITY, SHALL BE OBLIGATED TO
PAY THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT
THERETO EXCEPT FROM THE REVENUES AND RECEIPTS PLEDGED AND
ASSIGNED THEREFORE, AND 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, IS PLEDGED TO THE
PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS
INCIDENT THERETO. THE AUTHORITY HAS NO TAXING POWER.
No covenant, condition or agreement contained herein shall be deemed to be a covenant,
agreement or obligation of any present or future director, officer, employee or agent of the
Authority in its individual capacity, and neither the Chairman of the Authority nor any officer
thereof executing this bond shall be liable personally on the Bonds or be subject to any personal
liability or accountability by reason of the issuance thereof.
A-3
The Series 2016A Bonds may not be called for redemption by the Authority except as
provided herein and in the Agreement of Trust.
The Series 2016A Bonds maturing on or after November 1, 2027, may be redeemed prior
to their respective maturities on or after November 1, 2026, at the option of the Authority, at the
direction of the City, in whole or in part at any time at a redemption price of 100% of the
principal amount, or portion thereof, of Series 2016A Bonds to be redeemed plus interest accrued
to the redemption date.
If less than all the Series 2016A Bonds are called for redemption, they shall be redeemed
from maturities in such order as determined by the Authority, at the direction of the City. If less
than all of the Series 2016A Bonds of any maturity are called for redemption, the Bonds to be
redeemed shall be selected by DTC or any successor securities depository pursuant to its rules
and procedures or, if the book -entry system is discontinued, shall be selected by the Trustee by
lot in such manner as the Trustee in its discretion may determine. The portion of any Series
2016A Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple
thereof. In selecting Series 2016A Bonds for redemption, each Bond shall be considered as
representing that number of Series 2016A Bonds which is obtained by dividing the principal
amount of such Series 2016A Bond by $5,000.
If any of the Series 2016A Bonds or portions thereof are called for redemption, the
Trustee shall send notice of the call for redemption, identifying the Series 2016A Bonds or
portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption
date, by facsimile or electronic transmission, registered or certified mail or overnight express
delivery, to the registered owner of the Series 2016A Bonds. Such notice may state that (1) it is
conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect
the redemption, with the Trustee no later than the redemption date or (2) the Authority retains the
right to rescind such notice on or prior to the scheduled redemption date, and such notice and
optional redemption shall be of no effect if such moneys are not so deposited or if the notice is
rescinded. Provided funds for their redemption are on deposit at the place of payment on the
redemption date, all Series 2016A Bonds or portions thereof so called for redemption shall cease
to bear interest on such date, shall no longer be secured by the Agreement of Trust and shall not
be deemed to be Outstanding under the provisions of the Agreement of Trust. If a portion of this
bond shall be called for redemption, a new bond in principal amount equal to the unredeemed
portion hereof will be issued to DTC or its nominee upon surrender hereof, or if the book -entry
system is discontinued, to the registered owners of this bond.
The registered owner of this bond shall have no right to enforce the provisions of the
Agreement of Trust or to institute action to enforce the covenants therein or to take any action
with respect to any Event of Default under the Agreement of Trust or to institute, appear in or
defend any suit or other proceedings with respect thereto, except as provided in the Agreement of
Trust. Modifications or alterations of the Agreement of Trust or the Support Agreement, or of
any supplement thereto, may be made only to the extent and in the circumstances permitted by
the Agreement of Trust.
The Series 2016A Bonds are issuable as registered bonds in the denomination of $5,000
and integral multiples thereof. Upon surrender for transfer or exchange of this bond at the
I:C!
corporate trust office of the Trustee in Richmond, Virginia, together with an assignment duly
executed by the registered owner or its duly authorized attorney or legal representative in such
form as shall be satisfactory to the Trustee, the Authority shall execute, and the Trustee shall
authenticate and deliver in exchange, a new bond or bonds in the manner and subject to the
limitations and conditions provided in the Agreement of Trust, having an equal aggregate
principal amount, in authorized denominations, of the same series form and maturity, bearing
interest at the same rate and registered in the name or names as requested by the then registered
owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be
at the expense of the Authority, except that the Trustee may charge the person requesting such
exchange the amount of any tax or other governmental charge required to be paid with respect
thereto.
The Trustee shall treat the registered owner as the person exclusively entitled to payment
of principal and interest and the exercise of all other rights and powers of the owner, except that
interest payments shall be made to the person shown as holder on the fifteenth day of the month
preceding each interest payment date.
All acts conditions and things required to happen, exist or be performed precedent to and
in the issuance of this bond have happened, exist and have been performed.
This bond shall not become obligatory for any purpose or be entitled to any security or
benefit under the Agreement of Trust or be valid until the Trustee shall have executed the
Certificate of Authentication appearing hereon and inserted the date of authentication hereon.
A-5
IN WITNESS WHEREOF, the City of Virginia Beach Development Authority has
caused this bond to be signed by its Chairman, its seal to be imprinted hereon and attested by its
Secretary, and this bond to be dated the date first above written.
(SEAL)
Attest:
Secretary
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
IIn
no
Chairman
CERTIFICATE OF AUTHENTICATION
Date Authenticated: November , 2016
This bond is one of the Series 2016A Bonds described in the within mentioned
Agreement of Trust.
U.S. BANK NATIONAL ASSOCIATION,
as Trustee
RICO
A-7
Authorized Officer
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto
(please print or typewrite name and address, including zip code, of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE
The within Bond and all rights thereunder, hereby irrevocably constituting and appointing
, Attorney, to transfer said Bond on the books kept for the registration thereof,
with full power of substitution in the premises.
Date:
Signature Guaranteed
NOTICE: Signature(s) must be guaranteed
by an Eligible Guarantor Institution such
as a Commercial Bank, Trust Company,
Securities Broker/Dealer, Credit Union,
or Savings Association who is a member
of a medallion program approved by The
Securities Transfer Association, Inc.
W.
(Signature of Registered Owner)
NOTICE: The signature above must
correspond with the name of the
registered owner as it appears on the
front of this bond in every particular,
without alteration or enlargement or any
change whatsoever.
EXHIBIT B
Unless this certificate is presented by an authorized representative of The
Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for
registration of transfer, exchange, or payment, and any certificate is registered in the name
of Cede & Co., or in such other name as is requested by an authorized representative of
DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an
authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE
HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL
inasmuch as the registered owner hereof, Cede & Co., has an interest herein.
REGISTERED
R-1
REGISTERED
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
Public Facility Refunding Revenue Bond, Series 2016B (Federally Taxable)
INTEREST RATE
MATURITY DATE
May 1,
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
DATED DATE
November 3, 2016
CUSIP
927734
DOLLARS
The City of Virginia Beach Development Authority, a political subdivision of the
Commonwealth of Virginia (the "Authority"), for value received, hereby promises to pay upon
surrender hereof at the principal corporate trust office of U.S. Bank National Association
(successor to Wachovia Bank, National Association), Richmond, Virginia, as trustee, or its
successor in trust (the "Trustee"), under the Agreement of Trust (as hereinafter defined) solely
from the source and as hereinafter provided, to the registered owner hereof, or registered assigns
or legal representative, the principal sum stated above on the maturity date stated above, subject
to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon
on each May 1 and November 1, beginning May 1, 2017 at the annual rate stated above,
calculated on the basis of a 360 -day year of twelve 30 -day months. Interest is payable (a) from
November 3, 2016, if this bond is authenticated prior to May 1, 2017, or (b) otherwise from the
May 1 or November 1 that is, or immediately precedes, the date on which this bond is
authenticated (unless payment of interest hereon is in default, in which case this bond shall bear
interest from the day to which interest has been paid). Interest is payable by check or draft
mailed to the registered owner hereof at its address as it appears on the fifteenth day of the month
preceding each interest payment date on registration books kept by the Trustee; provided,
however, that at the option of a registered owner of at least $1,000,000 of Series 2016B Bonds
(as hereinafter defined), payment will be made by wire transfer pursuant to the most recent wire
instructions received by the Trustee from such registered owner. If the nominal date for making
any payment on this bond is a Business Day (as hereinafter defined), the payment may be made
on the next Business Day with the same effect as if made on the nominal date, and no additional
interest shall accrue between the nominal date and the actual payment date. Principal and
interest are payable in lawful money of the United States of America.
"Business Day" shall mean a day on which banking business is transacted, but not
including a Saturday, Sunday or legal holiday, or any day on which banking institutions are
authorized by law to close in the city in the Commonwealth of Virginia in which the Trustee has
its principal corporate trust office.
Notwithstanding any other provision hereof, this bond is subject to book -entry form
maintained by the Depository Trust Company ("DTC"), and the payment of principal and
interest, the providing of notices and other matters shall be made as described in the Authority's
Letter or Representations to DTC.
This bond is one of an issue of $ Public Facility Revenue Bonds,
Series 2016A (the Series 2016A Bonds") and $ Public Facility Refunding Revenue
Bonds, Series 2016B (Federally Taxable) (the "Series 2016B Bonds" and, collectively, the
"Bonds"), authorized and issued pursuant to Chapter 643 of the Virginia Acts of Assembly of
1964, as amended. The Bonds are issued under and secured by an Agreement of Trust dated as
of September 1, 2003, between the Authority and the Trustee, as previously supplemented and as
further supplemented with respect to the Series 2016 Bonds by a Ninth Supplemental Agreement
of Trust dated as of November 1, 2016 (collectively, the "Agreement of Trust"). The Agreement
of Trust assigns to the Trustee, as security for the Bonds, (a) the revenues and receipts derived
from a Support Agreement dated as of September 1, 2003, as supplemented and amended in
connection with the issuance of each series of Prior Public Facility Revenue Bonds by
supplemental support agreements, and with respect to the Series 2016 Bonds by an Eighth
Supplemental Support Agreement dated as of November 1, 2016 (collectively, the "Support
Agreement"), each between the Authority and the City of Virginia Beach, Virginia (the "City"),
and (b) the Authority's rights under the Support Agreement (except for the Authority's rights
under the Support Agreement to the payment of certain fees and expenses and the rights to
notices). Reference is hereby made to the Agreement of Trust for a description of the provisions,
among others, with respect to the nature and extent of the security, the rights, duties and
obligations of the Authority and the Trustee, the rights of the holders of the Bonds and the terms
upon which the Bonds are issued and secured. The Bonds are equally and ratably secured on a
parity basis with the Authority's [$9,000,000 Taxable Public Facility Revenue Bonds,
Series 2005B], its $96,835,000 Public Facility Revenue Bonds, Series 2007A, its $4,030,000
Taxable Public Facility Revenue Bonds, Series 2007B, its $17,000,000 Public Facility Revenue
Bonds, Series 2010A, its $98,035,000 Public Facility Refunding Revenue Bonds, Series 2010B,
its $40,450,000 Public Facility Refunding Revenue Bonds, Series 2010C, its $22,580,00 Public
Facility Revenue Bonds, Series 2012A, its $25,640,000 Public Facility Refunding Revenue
Bonds, Series 2012B, its $20,960,000 Public Facility Revenue Bonds, Series 2013A, its
$44,975,000 Public Facility Revenue Bonds, Series 2014A, its $20,320,000 Public Facility
Refunding Revenue Bonds, Series 2014B, its $48,245,000 Public Facility Revenue Bonds, Series
2015A and its $34,885,000 Public Facility Refunding Revenue Bonds, Series 2015B
(collectively, the "Parity Bonds"). Additional bonds secured by a pledge of revenues and
receipts derived from the City under the Support Agreement on a parity with the Bonds and the
Parity Bonds may be issued under the terms and conditions set forth in the Agreement of Trust.
Terms not otherwise defined herein shall have the meaning assigned such terms in the
Agreement of Trust.
The Bonds are issued to finance the acquisition, construction and equipping of various
capital improvements for the City and to refund certain of the Parity Bonds. Under the Support
Agreement, the City has agreed to make payments that will be sufficient to pay the principal of
and interest on the Bonds as the same shall become due in accordance with their terms and the
provisions and the terms of the Agreement of Trust. The undertaking by the City to make
payments under the Support Agreement does not constitute a debt of the City within the meaning
of any constitutional or statutory limitation nor a liability of or a lien or charge upon funds or
property of the City beyond any fiscal year for which the City has appropriated moneys to make
such payments.
THE BONDS AND THE INTEREST THEREON ARE LIMITED OBLIGATIONS OF
THE AUTHORITY PAYABLE SOLELY FROM REVENUES AND RECEIPTS DERIVED
FROM THE CITY AND RECEIVED BY THE AUTHORITY UNDER THE SUPPORT
AGREEMENT, AND FROM CERTAIN FUNDS, AND THE INVESTMENT INCOME
THEREON, HELD UNDER THE AGREEMENT OF TRUST, WHICH REVENUES,
RECEIPTS AND FUNDS HAVE BEEN PLEDGED AND ASSIGNED TO SECURE
PAYMENT THEREOF. THE BONDS AND INTEREST THEREON SHALL NOT BE
DEEMED TO CONSTITUTE A GENERAL OBLIGATION DEBT OR A PLEDGE OF THE
FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL
SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY. NEITHER
THE COMMONWEALTH OF VIRGINIA NOR ANY POLITICAL SUBDIVISION
THEREOF, INCLUDING THE AUTHORITY AND THE CITY, SHALL BE OBLIGATED TO
PAY THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT
THERETO EXCEPT FROM THE REVENUES AND RECEIPTS PLEDGED AND
ASSIGNED THEREFORE, AND 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, IS PLEDGED TO THE
PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS
INCIDENT THERETO. THE AUTHORITY HAS NO TAXING POWER.
No covenant, condition or agreement contained herein shall be deemed to be a covenant,
agreement or obligation of any present or future director, officer, employee or agent of the
Authority in its individual capacity, and neither the Chairman of the Authority nor any officer
thereof executing this bond shall be liable personally on the Bonds or be subject to any personal
liability or accountability by reason of the issuance thereof.
The Series 2016B Bonds may not be called for redemption by the Authority.
The registered owner of this bond shall have no right to enforce the provisions of the
Agreement of Trust or to institute action to enforce the covenants therein or to take any action
with respect to any Event of Default under the Agreement of Trust or to institute, appear in or
defend any suit or other proceedings with respect thereto, except as provided in the Agreement of
Trust. Modifications or alterations of the Agreement of Trust or the Support Agreement, or of
any supplement thereto, may be made only to the extent and in the circumstances permitted by
the Agreement of Trust.
The Series 2016B Bonds are issuable as registered bonds in the denomination of $5,000
and integral multiples thereof. Upon surrender for transfer or exchange of this bond at the
corporate trust office of the Trustee in Richmond, Virginia, together with an assignment duly
executed by the registered owner or its duly authorized attorney or legal representative in such
form as shall be satisfactory to the Trustee, the Authority shall execute, and the Trustee shall
authenticate and deliver in exchange, a new bond or bonds in the manner and subject to the
limitations and conditions provided in the Agreement of Trust, having an equal aggregate
principal amount, in authorized denominations, of the same series form and maturity, bearing
interest at the same rate and registered in the name or names as requested by the then registered
owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be
at the expense of the Authority, except that the Trustee may charge the person requesting such
exchange the amount of any tax or other governmental charge required to be paid with respect
thereto.
The Trustee shall treat the registered owner as the person exclusively entitled to payment
of principal and interest and the exercise of all other rights and powers of the owner, except that
interest payments shall be made to the person shown as holder on the fifteenth day of the month
preceding each interest payment date.
All acts conditions and things required to happen, exist or be performed precedent to and
in the issuance of this bond have happened, exist and have been performed.
This bond shall not become obligatory for any purpose or be entitled to any security or
benefit under the Agreement of Trust or be valid until the Trustee shall have executed the
Certificate of Authentication appearing hereon and inserted the date of authentication hereon.
IN WITNESS WHEREOF, the City of Virginia Beach Development Authority has
caused this bond to be signed by its Chairman, its seal to be imprinted hereon and attested by its
Secretary, and this bond to be dated the date first above written.
(SEAL)
Attest:
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By
Chairman
B-4
Secretary
I'M
CERTIFICATE OF AUTHENTICATION
Date Authenticated: November , 2016
This bond is one of the Series 2016B Bonds described in the within mentioned
Agreement of Trust.
U.S. BANK NATIONAL ASSOCIATION,
as Trustee
Authorized Officer
•
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto
(please print or typewrite name and address, including zip code, of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE
The within Bond and all rights thereunder, hereby irrevocably constituting and appointing
, Attorney, to transfer said Bond on the books kept for the registration thereof,
with full power of substitution in the premises.
Date:
Signature Guaranteed
NOTICE: Signature(s) must be guaranteed
by an Eligible Guarantor Institution such
as a Commercial Bank, Trust Company,
Securities Broker/Dealer, Credit Union,
or Savings Association who is a member
of a medallion program approved by The
Securities Transfer Association, Inc.
IM
(Signature of Registered Owner)
NOTICE: The signature above must
correspond with the name of the
registered owner as it appears on the
front of this bond in every particular,
without alteration or enlargement or any
change whatsoever.
EXHIBIT C
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
OUTSTANDING PRIOR PUBLIC FACILIY REVENUE BONDS*
[$9,000,000 Taxable Public Facility Revenue Bonds, Series 2005B]
$96,835,000 Public Facility Revenue Bonds, Series 2007A
$4,030,000 Taxable Public Facility Revenue Bonds, Series 2007B
$17,000,000 Public Facility Revenue Bonds, Series 2010A
$98,035,000 Public Facility Refunding Revenue Bonds, Series 2010B
$40,450,000 Public Facility Refunding Revenue Bonds, Series 2010C
$22,580,000 Public Facility Revenue Bonds, Series 2012A
$25,640,000 Public Facility Refunding Revenue Bonds, Series 2012B
$20,960,000 Public Facility Revenue Bonds, Series 2013
$44,975,000 Public Facility Revenue Bonds, Series 2014A
$20,320,000 Public Facility Refunding Revenue Bonds, Series 2014B
$48,245,000 Public Facility Revenue Bonds, Series 2015A
$34,885,000 Public Facility Refunding Revenue Bonds, Series 2015B
*[to be updated to reflect prior bonds outstanding prior after issuance of the Series 2016
Bonds.]
C-1
EXHIBIT D
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
SUMMARY OF REFUNDED PRIOR BONDS
BASE
CUSIP NUMBER: 92774G
Maturity
CUSIP
Interest
Par
Call
Call
Bonds
Date
Number
Rate
Amount
Date
Price
Taxable Public Facility
5/1/2020
CY9
5.000%
$2,005,000
11/3/2016
100%
Revenue Bonds, Series
5/1/2025
CZ6
5.000
3,140,000
11/3/2016
100%
2005B
$5,145,000
Taxable Public Facility
7/15/2018
EG6
6.000%
$195,000
7/15/2017
100%
Revenue Bonds, Series
7/15/2023
EH4
6.300
1,175,000
7/15/2017
100%
2007B
7/15/2027
EJO
6.400
1,250,000
7/15/2017
100%
$2,620,000
48234986-9622.3
D-1
EIGHTH SUPPLEMENTAL SUPPORT AGREEMENT
between
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
and
CITY OF VIRGINIA BEACH, VIRGINIA
Dated as of November 1, 2016
NOTE: THIS EIGHTH SUPPLEMENTAL SUPPORT AGREEMENT HAS BEEN
ASSIGNED TO, AND IS SUBJECT TO A SECURITY INTEREST IN
FAVOR OF, U.S. BANK NATIONAL ASSOCIATION, AS SUCCESSOR
TRUSTEE UNDER AN AGREEMENT OF TRUST DATED AS OF
SEPTEMBER 1, 20039 AS PREVIOUSLY SUPPLEMENTED AND AS
FURTHER SUPPLEMENTED BY AN NINTH SUPPLEMENTAL
AGREEMENT OF TRUST DATED AS OF NOVEMBER 1, 2016, WITH
THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, AS
AMENDED OR SUPPLEMENTED FROM TIME TO TIME.
INFORMATION CONCERNING SUCH SECURITY INTEREST MAY BE
OBTAINED FROM THE TRUSTEE AT RICHMOND, VIRGINIA.
TABLE OF CONTENTS
Parties................................................................................................................................................. l
Recitals...............................................................................................................................................1
GrantingClauses................................................................................................................................1
ARTICLE I
DEFINITIONS AND RULES OF CONSTRUCTION
Section1.1 Definitions............................................................................................................... 2
Section 1.2 Rules of Construction............................................................................................. 3
ARTICLE II
REPRESENTATIONS
Section 2.1 Representations by Authority................................................................................. 4
Section 2.2 Representations by City.......................................................................................... 4
ARTICLE III
AGREEMENT TO ISSUE BONDS
Section 3.1 Agreement to Issue Series 2016 Bonds.................................................................. 5
ARTICLE IV
PAYMENT OBLIGATIONS;
MASTER SUPPORT AGREEMENT AMENDMENTS
Section4.1 Amounts Payable.................................................................................................... 5
ARTICLE V
PREPAYMENT AND REDEMPTION
Section 5.1 Prepayment and Redemption.................................................................................. 6
1
ARTICLE VI
SERIES 2016A ARBITRAGE REBATE FUND
Section 6.1
Series 2016A Arbitrage Rebate Fund..................................................................... 7
Section 6.2
Rebate Requirements.............................................................................................. 7
Section 6.3
Calculation and Report of Rebate Amount............................................................. 7
Section 6.4
Payment of Rebate Amount.................................................................................... 7
Section6.5
Reports by Trustee.................................................................................................. 8
Section 6.6
Disposition of Balance in Series 2016A Arbitrage Rebate Fund ........................... 8
ARTICLE VII
MISCELLANEOUS
Section 7.1
Private Activity Covenants..................................................................................... 8
Section 7.2
Post -Issuance Compliance...................................................................................... 9
Section7.3
Severability..............................................................................................................9
Section 7.4
Successors and Assigns........................................................................................... 9
Section 7.5
Counterparts............................................................................................................ 9
Section7.6
Governing Law....................................................................................................... 9
Signatures
10
Receipt
11
Exhibit A — Schedule of Payments
Exhibit B — Description of Series 2016 Projects
Exhibit C — Administrative Fee Schedule
11
A-1
B-1
C-1
THIS EIGHTH SUPPLEMENTAL SUPPORT AGREEMENT dated as of November
1, 2016, by and between the CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority"), and
the CITY OF VIRGINIA BEACH, VIRGINIA, a political subdivision of the Commonwealth
of Virginia (the "City"), provides:
WITNESSETH:
WHEREAS, the Authority is a political subdivision of the Commonwealth of Virginia
duly created by Chapter 643 of the Virginia Acts of Assembly of 1694, as amended (the "Act");
and
WHEREAS, the Act authorizes the Authority to acquire, improve, maintain, equip, own,
lease and dispose of "Authority facilities," as defined in the Act, to finance or refinance and lease
facilities for use by, among others, a city, to issue its revenue bonds, notes and other obligations
from time to time for such purposes and to pledge all or any part of its assets, whether then
owned or thereafter acquired, as security for the payment of the principal of and interest on any
such obligations; and
WHEREAS, the City desires to undertake a program of financing or refinancing the
acquisition, construction and equipping of various public facilities that the City determines to
undertake from time to time; and
WHEREAS, in furtherance of the purposes of the Act, the City has requested the
Authority to undertake one or more series of Projects (as defined in the Support Agreement, as
hereinafter defined), and the Authority has determined to issue from time to time its public
facility revenue bonds and to loan the proceeds thereof to the City to finance or refinance costs
incurred in connection with such Projects and costs of issuing such bonds pursuant to the terms
of an Agreement of Trust dated as of September 1, 2003 (the "Master Agreement of Trust"),
between the Authority and U.S. Bank National Association (successor to Wachovia Bank,
National Association), Richmond, Virginia, as successor trustee (the "Trustee"), as supplemented
in connection with previously issued Prior Public Facility Revenue Bonds (herein defined), and
as further supplemented in connection with the Series 2016 Bonds (herein defined) by a Ninth
Supplemental Agreement of Trust dated as of November 1, 2016, all between the Authority and
the Trustee (collectively, the "Agreement of Trust"); and
WHEREAS, in furtherance of the purposes of the Act, Authority has agreed to loan from
time to time proceeds of such bonds to the City, and the City has agreed to repay such loans,
subject to appropriation by the City council of sufficient moneys for such purpose pursuant to a
support agreement between the City and the Authority dated as of September 1, 2003 (the
"Master Support Agreement"), as previously supplemented and amended in connection with
each prior series of public facility revenue bonds; and
WHEREAS, within the limitations and in compliance with the Agreement of Trust, the
City has requested the Authority to issue a series of Public Facility Revenue Bonds in the
aggregate principal amount of $ and a series of Public Facility Refunding Revenue
Bonds in the aggregate principal amount of $ (collectively, the "Series 2016
Bonds") and to loan such proceeds to the City pursuant to the terms of this Eighth Supplemental
Support Agreement to finance the cost of the Series 2016 Projects (as such term is hereinafter
defined) and to refund certain of the Authority's Taxable Public Facility Revenue Bonds, Series
2005B and Series 2007B previously issued by the Authority to assist the City in financing
various public facilities; and
WHEREAS, all acts, conditions and things required by law to happen, exist and be
performed precedent to and in connection with the execution of and entering into this Eighth
Supplemental Support Agreement have happened, exist and have been performed in regular and
due time and in form and manner as required by law, and the parties hereto are now duly
empowered to execute and enter into this Eighth Supplemental Support Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained and other valuable consideration, the parties hereto covenant and agree as
follows:
ARTICLE I
DEFINITIONS AND RULES OF CONSTRUCTION
Section 1.1 Definitions.
Unless otherwise defined in this Eighth Supplemental Support Agreement, all words used
herein shall have the meanings assigned to such terms in the Agreement of Trust or the Master
Support Agreement. The following words as used in this Eighth Supplemental Support
Agreement shall have the following meanings unless a different meaning clearly appears from
the context:
"Agreement of Trust" shall mean the Agreement of Trust dated as of September 1,
2003, as previously supplemented, and as further supplemented with respect to the Series 2016
Bonds by the Ninth Supplemental Agreement of Trust.
"Basic Agreements" shall mean the Agreement of Trust and the Support Agreement.
"Eighth Supplemental Support Agreement" shall mean this Eighth Supplemental
Support Agreement dated as of November 1, 2016, between the Authority and the City, which
supplements the Master Support Agreement.
"Master Support Agreement" shall mean the Support Agreement dated as of
September 1, 2003, between the Authority and the City.
"Ninth Supplemental Agreement of Trust" shall mean the Ninth Supplemental
Agreement of Trust dated as of November 1, 2016, between the Authority and the Trustee, which
supplements the Agreement of Trust.
2
"Prior Public facility Revenue Bonds" means the previously issued and outstanding
public facility revenue bonds shown in Exhibit A.
"Refunded Prior Bonds" shall mean the maturities of the Authority's Taxable Public
Facility Revenue Bonds, Series 2005B and Series 2007B described in the Ninth Supplemental
Agreement of Trust.
"Series 2016 Bonds" shall mean the Authority's $ Public Facility Revenue
Bonds, Series 2016A and $ Public Facility Refunding Revenue Bonds, Series
2016B (Federally Taxable), authorized to be issued pursuant to the Ninth Supplemental
Agreement of Trust.
"Series 2016 Projects" shall mean the financing of the acquisition, construction and
equipping of all or a portion of the projects as set forth on Exhibit B.
"Series 2016A Arbitrage Rebate Fund" shall mean the fund established in section 6.1
"Support Agreement" shall mean the Master Support Agreement, as previously
supplemented and amended, and as supplemented and amended by this Eighth Supplemental
Support Agreement.
Section 1.2 Rules of Construction.
The following rules shall apply to the construction of this Eighth Supplemental Support
Agreement unless the context otherwise requires:
(a) Words importing the singular number shall include the plural number and vice
versa.
(b) Words importing the redemption or calling for redemption of Bonds shall not be
deemed to refer to or connote the payment of Bonds at their stated maturity.
(c) Unless otherwise indicated, all references herein to particular Articles or Sections
are references to Articles or Sections of this Eighth Supplemental Support Agreement.
(d) The headings herein and Table of Contents to this Eighth Supplemental Support
Agreement herein are solely for convenience of reference and shall not constitute a part of this
Eighth Supplemental Support Agreement nor shall they affect its meaning, construction or effect.
(e) All references herein to payment of Bonds are references to payment of principal
of and premium, if any, and interest on the Bonds.
3
ARTICLE II
REPRESENTATIONS
Section 2.1 Representations by Authority.
The Authority makes the following representations:
(a) The Authority is a political subdivision of the Commonwealth of Virginia duly
created under the Act;
(b) Pursuant to the Act, the Authority has full power and authority to enter into the
Basic Agreements and to perform the transactions contemplated thereby and to carry out its
obligations thereunder and by proper action has duly authorized, executed and delivered the
Basic Agreements.
(c) The execution, delivery and compliance by the Authority with the terms and
conditions of the Basic Agreements will not conflict with or constitute or result in a default under
or violation of, (1) any existing law, rule or regulation applicable to the Authority, or (2) any
trust agreement, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or
other agreement, instrument or other restriction of any kind to which the Authority or any of its
assets is subject;
(d) No further approval, consent or withholding of objection on the part of any
regulatory body or any official, Federal state or local, is required in connection with the
execution or delivery of or compliance by the Authority with the terms and conditions of the
Basic Agreements, except that no representation is made as to the applicability of any Federal or
state securities laws; and
(e) There is no litigation at law or in equity or any proceeding before any
governmental agency involving the Authority pending or, the knowledge of the Authority,
threatened with respect to (1) the creation and existence of the Authority, (2) its authority to
execute and deliver the Basic Agreements, (3) the validity or enforceability of the Basic
Agreements, or the Authority's performance of its obligations thereunder, (4) the title of any
officer of the Authority executing the Basic Agreements, or (5) the ability of the Authority to
issue and sell its bonds.
Section 2.2 Representations by City.
The City makes the following representations:
(a) The City is a political subdivision of the Commonwealth of Virginia;
(b) The City has full power and authority to enter into the Basic Agreements to which
it is a party and to perform the transactions contemplated thereby and to carry out its obligations
thereunder and by proper action has duly authorized, executed and delivered the Basic
Agreements;
M
(c) The City is not in default in the payment of the principal of or interest on any of
its indebtedness for borrowed money and is not in default under any instrument under or subject
to which any indebtedness for borrowed money has been incurred, and no event has occurred and
is continuing that with the lapse of time or the giving of notice, or both, would constitute or
result in an event of default thereunder;
(d) The City is not in default under or in violation of, and the execution, delivery and
compliance by the City with the terms and conditions of the Basic Agreements to which it is a
party will not conflict with or constitute or result in a default under or violation of, (1) any
existing law, rule or regulation applicable to the City or (2) any trust agreement, mortgage, deed
of .trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or
restriction of any kind to which the City or any of its assets is subject, and no event has occurred
and is continuing that with the lapse of time or the giving of notice, or both, would constitute or
result in such a default or violation;
(e) No further approval, consent or withholding of objection on the part of any
regulatory body or any official, Federal, state or local, is required in connection with the
execution or delivery of or compliance by the City with the terms and conditions of the Basic
Agreements to which it is a party; and
(f) There is no litigation at law or in equity or any proceeding before any
governmental agency involving the City pending or, to the knowledge of the City, threatened
with respect to (1) the authority of the City to execute and deliver the Basic Agreements to which
it is a party, (2) the validity or enforceability of the Basic Agreements or the City's performance
Agreements, or (3) the ability of the City to undertake the Series 2016 Projects.
ARTICLE III
AGREEMENT TO ISSUE BONDS
Section 3.1 Agreement to Issue Series 2016 Bonds.
The Authority shall contemporaneously with the execution and delivery hereof proceed
with the issuance and sale of the Series 2016 Bonds bearing interest, maturing and having the
other terms and provisions set forth in the Agreement of Trust.
ARTICLE IV
PAYMENT OBLIGATIONS;
MASTER SUPPORT AGREEMENT AMENDMENTS
Section 4.1 Amounts Payable.
The Master Support Agreement is hereby amended to replace in its entirety the Exhibit A
attached thereto with the new Exhibit A attached hereto. Pursuant to Article IV of the Master
Support Agreement and subject specifically to the limitation of Section 4.4 thereof, the City shall
5
pay to the Authority or its assignee the Annual Payments specified in Exhibit A attached hereto
on or before the due dates set forth in such exhibit. The Annual Payments shall be payable
without notice or demand at the designated corporate trust office of the Trustee.
Pursuant to the First Amendment to 2002 Support Agreement dated as of May 1, 2010
between the Authority and the City, the parties agreed to fix the Authority's administrative fee
payable by the City for all existing public facility revenue bonds and any public facility revenue
bonds to be issued in the future in accordance with the fee schedule attached to such agreement
(the "Former Fee Schedule"). Pursuant to the Seventh Supplemental Support Agreement dated
as of June 1, 2015, entered into in connection with the Authority's Public Facility Revenue
Bonds, Series 2015 (the "Series 2015 Bonds") issued at the request of the City, the Authority and
the City have agreed upon a new administrative fee schedule for such public facility revenue
bonds which is attached as Exhibit C. The fee schedule in Exhibit C became effective as of
June 25, 2015, the date of issuance of the Series 2015 Bonds, and applies to all previously issued
and outstanding public facility revenue bonds, the Series 2015 Bonds and any public facility
revenue bonds to be issued in the future. All prior support agreements between the Authority
and the City were amended by replacing the Former Fee Schedule with the schedule in Exhibit
C, such amendments becoming effective on the date of issuance of the Series 2015 Bonds.
ARTICLE V
PREPAYMENT AND REDEMPTION
Section 5.1 Prepayment and Redemption.
The City, on behalf of the Authority, shall have the option to prepay an Annual Payment
at the times and in the amounts as necessary to exercise its option to cause any Series 2016
Bonds subject to optional redemption to be redeemed as set forth in such Series 2016 Bonds.
Such prepayments of Annual Payments shall be made at the times and in the amounts as
necessary to accomplish the optional redemption of such Series 2016 Bonds in accordance with
the terms thereof. Upon the exercise of such option, the City shall also pay as Additional
Payments, the amounts necessary to pay the premium, if any, due on such Series 2016 Bonds on
the date or dates of their redemption.
The City, on behalf of the Authority, shall give the Trustee notice of any redemption of
such Series 2016 Bonds at least 15 days prior to the latest date that notice of redemption may be
given pursuant to Section 402 of the Master Agreement of Trust. Such notice to the Trustee shall
specify the redemption date, the principal amount of Series 2016 Bonds to be redeemed, the
premium, if any, and the section of the Agreement of Trust pursuant to which such redemption is
to be made.
Z
ARTICLE VI
SERIES 2016A ARBITRAGE REBATE FUND
Section 6.1 Series 2016A Arbitrage Rebate Fund.
There is hereby established the City of Virginia Beach, Virginia, Series 2016A Public
Facility Revenue Bond Arbitrage Rebate Fund (the "Series 2016A Arbitrage Rebate Fund") to be
held by or on behalf of the City. Subject to the limitation in Section 4.4 of the Master Support
Agreement, the City shall deposit moneys in the Series 2016A Arbitrage Rebate Fund from time
to time for payment of the rebate obligations under the Code (the "Rebate Amount"). The City
may establish separate accounts in the Series 2016A Arbitrage Rebate Fund for such payments.
Section 6.2 Rebate Requirements.
Except with respect to earnings on funds and accounts qualifying for any exceptions to
the rebate requirement of Section 148 of the Code, the City shall pay, but solely from amounts in
the Series 2016A Arbitrage Rebate Fund, the Rebate amount to the United States of America, as
and when due, in accordance with Section 148(0 of the code, as provided in this Article, and
shall retain records of all such determinations until four years after payment of the Series 2016A
Bonds.
Section 6.3 Calculation and Report of Rebate Amount.
(a) The City selects November 1 as the end of the bond year with respect to the Series
2016A Bonds pursuant to Treasury Regulation Section 1.148-1.
(b) Within 30 days after the initial installment computation date which is the last day
of the fifth bond year, unless such date is changed by the City prior to the date that any amount
with respect to the Series 2016A Bonds is paid or required to be paid to the United States of
America as required by Section 148 of the Code, and at least once every five years thereafter, the
City shall cause the Rebate Amount to be computed and shall deliver a copy of such computation
(the "Rebate Amount Certificate") to the Authority and the Trustee. Prior to any payment of the
Rebate Amount to the United States of America as required by Section 148 of the Code, a Rebate
Amount Certificate setting forth such Rebate Amount shall be prepared or approved by (1) a
person with experience in matters of governmental accounting for Federal income tax purposes
or (2) a bona fide arbitrage rebate calculation reporting service.
Section 6.4 Payment of Rebate Amount.
Not later than 60 days after the initial installment computation date, the City shall pay
solely from amounts in the Series 2016A Arbitrage Rebate Fund to the United States of America
at least 90% of the Rebate Amount as set forth in the Rebate Amount Certificate prepared with
respect to such installment computation date. At least once on or before 60 days after the
installment computation date that is the fifth anniversary of the initial installment computation
date or on or before 60 days after every fifth anniversary date thereafter until final payment of
the Series 2016A Bonds, the City shall pay to the United States of America not less than the
7
amount, if any, by which 90% of the Rebate Amount set forth in the most recent Rebate Amount
Certificate exceeds the aggregate of all such payments theretofore made to the United States of
America pursuant to this Section. On or before 60 days after final payment of the Series 2016A
Bonds, the City shall pay to the United States of America the amount, if any, by which 100% of
the Rebate Amount set forth in the Rebate Amount Certificate with respect to the date of final
payment of the Series 2016A Bonds exceeds the aggregate of all payments theretofore made
pursuant to this Section. All such payments shall be made solely from amounts in the Series
2016A Arbitrage Rebate Fund.
Notwithstanding any provision of the Support Agreement to the contrary, no such
payment shall be made if the City receives and delivers to the Trustee and the Authority an
opinion of Bond Counsel to the effect that (a) such payment is not required under the Code in
order to prevent the Series 2016A Bonds from becoming "arbitrage bonds" within the meaning
of Section 148 of the Code or (b) such payment should be calculated and paid on some
alternative basis under the code, and the City complies with such alternative basis.
The Authority covenants that, if so requested by the City, it shall execute any form
required to be signed by an issuer of tax-exempt bonds in connection with the payment of any
Rebate amount (including Internal Revenue Service Form 8038-T) based on information
supplied to the Authority by the City. The City shall supply all information required to be stated
on such form and shall prepare such form. Except for the execution and delivery of such form
upon timely presentation by the City, the Authority shall have no responsibility for such form or
the information stated thereon.
Section 6.5 Reports by Trustee.
The Trustee shall provide the City within 10 days after each November 1 and within 10
days after the final payment of the Series 2016A Bonds with such reports and information with
respect to earnings of amounts held under the Agreement of Trust as may be requested by the
City in order to comply with the provisions of this Article.
Section 6.6 Disposition of Balance in Series 2016A Arbitrage Rebate Fund.
After each payment required in Section 6.4 is made and any additional amount necessary
to pay the full rebate obligation is retained, the remaining amount in the Series 2016A Arbitrage
Rebate Fund shall be retained by the City and used for any lawful purpose.
ARTICLE VII
MISCELLANEOUS
Section 7.1 Private Activity Covenants.
The City covenants not to permit the proceeds of the Series 2016A Bonds to be used in
any manner that would result in (a) 5% or more of such proceeds or the facilities financed with
such proceeds being used in a trade or business carried on by any person other than a
governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds
being used with respect to any "output facility" (other than a facility for the furnishing of water),
within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being
used directly or indirectly to make or finance loans to any persons other than a governmental
unit, as provided in Section 141(c) of the Code; provided, however, that if the City receives an
opinion of Bond Counsel that any such covenants need not be complied with to prevent the
interest on the Series 2016A Bonds from being includable in the gross income for Federal
income tax purposes under existing law, the City need not comply with such covenants.
Section 7.2 Post -Issuance Compliance.
After the Series 2016A Bonds are issued, the City covenants to monitor the use of the
proceeds of such bonds, and the projects financed or refinanced with such bonds, and
requirements related to arbitrage yield restriction and rebate with respect to such bonds under the
City's Post -Issuance Compliance Policy and Procedures (the "Policy") for tax -advantaged
governmental purpose bonds adopted by resolution of the City Council on March 13, 2012. In
any instance of noncompliance detected through application of the Policy, the City covenants to
take corrective action in accordance with the Policy, and to notify the Authority of the matter and
corrective action taken or to be taken. The Authority agrees to cooperate with the City in any
instance where action of the Authority may be required in connection with the City's corrective
action.
Section 7.3 Severability.
If any provision of this Eighth Supplemental Support Agreement shall be held invalid by
any court of competent jurisdiction, such holding shall not invalidate any other provision hereof.
Section 7.4 Successors and Assigns.
This Eighth Supplemental Support Agreement shall be binding upon, inure to the benefit
of and be enforceable by the parties and their respective successors and assigns.
Section 7.5 Counterparts.
This Eighth Supplemental Support Agreement may be executed in any number of
counterparts, each of which shall be an original, all of which together shall constitute but one and
the same instrument.
Section 7.6 Governing Law.
This Eighth Supplemental Support Agreement shall be governed by and construed in
accordance with the laws of the Commonwealth of Virginia.
[REMAINDER OF PAGE INTENIONALLY LEFT BLANK]
Z
IN WITNESS WHEREOF, the parties have caused this Eighth Supplemental Support
Agreement to be duly executed by their duly authorized representatives as of the date first above
written.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
WE
Chairman
CITY OF VIRGINIA BEACH, VIRGINIA
ROIN
Seen and agreed to:
U.S. BANK NATIONAL ASSOCIATION,
As Trustee
in
Title:
0
City Manager
RECEIPT
Receipt of the foregoing original counterpart of the Eighth Supplemental Support
Agreement dated as of November 1, 2016, between the City of Virginia Beach Development
Authority and the City of Virginia Beach, Virginia, is hereby acknowledged.
U.S. BANK, NATIONAL ASSOCIATION,
as Trustee
-00
Title:
11
City of Virginia Beach Development Authority
Public Facility Revenue and Refunding Revenue Bond
Schedule of Payments
Exhibit A
[TO BE PROVIDED UPON PRICING OF SERIES 2016 BONDS]
A-1
EXHIBIT B
DESCRIPTION OF SERIES 2016 PROJECTS
The following sets forth brief descriptions of the City projects to be financed in whole or
in part with public facility revenue bonds ("PFRB") of the Authority, and the amount of each
project to be financed with proceeds of the Public Facility Revenue Bonds, Series 2016A:
Projects to be Financed with Public Facility Revenue Bonds
Project/
Total
Total PFRB
Series
Fund
Project Name
Description
Programmed
Planned
2016A
Number
Cost
Financing
Bonds
1-035
John B. Dey
This project is for the modernization of John
$23,289,241
$16,402,241
$1,000,421
Elementary School
B. Dey Elementary School.
Modernization
2-025
Witchduck Road —
This project will improve capacity needs and
$60,594,239
$7,582,730
$3,663,534
Phase II
mobility demands in this area of the City.
Traffic volumes per day are anticipated to
reach 64,000 by 2034.
2-038
Rosemont Road —
This project is for the construction of a four-
$15,768,500
$6,884,393
$634,361
Phase V
lane divided roadway from Primrose
Lane/Harbringer Road to Dam Neck Road,
and will include a continuous 10 -foot wide
sidewalk along the east side of the corridor.
This project also includes the upgrade of three
existing traffic signals at Buckner Boulevard,
Faculty Boulevard/Celtic Drive, and Concert
Drive.
2-045
Pacific Avenue
This project provides for the improvements to
$17,330,000
$17,330,000
$2,325,434
Improvements
Pacific Avenue between 17`h Street and 22nd
street within the existing right-of-way, to
include undergrounding of existing overhead
utilities and public utility upgrades. In
addition, new LED street lighting and traffic
light signal mast arms will be installed.
2-050
Landstown Road
This project is for the widening of the existing
$7,334,000
$3,021,003
$403,826
Improvements
Landstown Road to a four -lane undivided
roadway with 4-footwide paved shoulders,
open swale ditches, street lights and an 8-
footwide asphalt path from its intersection
with Landstown Centre Way south to the bend
in Landstown Road. Existing aerial
distribution lines will be relocated
underground and existing aerial transmission
lines will remain in current overhead
locations.
Project/
Total
Total PFRB
Series
Fund
Project Name
Description
Programmed
Planned
2016A
Number
Cost
Financing
Bonds
2-072
First Colonial
This project will improve the First Colonial
$29,959,836
$3,409,085
$2,909,321
Road/Virginia Beach
Rd/Va. Beach Blvd intersection with the
Boulevard
addition of turn lanes and traffic signalization
Intersection
improvements, widening areas of First
Improvements
Colonial Rd. from I-264 overpass to 1,000
feet south of Potters Road along Oceana Blvd
from four lanes to six lanes.
2-078
Sandbridge Road—
This project is for the construction of Nimmo
$1,732,000
$600,000
$600,000
Nimmo VII -A
Parkway Phase VIIA, as a two-lane roadway
with shoulders, extending from Sandpiper
Road to approximately 1.1 mile west of
Sandpiper Road. The project represents the
first phase of Nimmo Parkway Phase VII,
which has limits from Sandpiper Road to
Atwoodtown Road.
2-088
West Neck Road—
This project is for the design and construction
$10,964,244
$1,800,000
$108,462
Phase IV
of a two-lane undivided parkway from Kellam
High School to the end of the curve adjacent
to the Fountain property, a distance of 5,750
feet. This project will provide paved shoulders
for cyclists, pedestrian accommodations and
drainage swales.
2-108
Light Rail Corridor
This project will fund the design, construction,
$17,686,000
$17,686,000
$91,779
Shared -Use Path
right-of-way acquisition (if needed) and site
furnishings required to create a shared -use
pathway within and/or along the former
Norfolk -Southern right-of-way in conjunction
with the light rail extension project to provide
additional modes of transportation.
2-158
Holland Road—
This project is for construction of a four -lane
$9,079,300
$1,543,958
$1,543,958
Phase VI (VDOT)
divided highway on a 100 -foot right-of-way
width from Dam Neck Road to Nimmo
Parkway-PhaseV, and will include sidewalks,
aesthetic treatments, street lighting, and
landscaping. Existing aerial utilities will be
relocated to a combination of new
underground and overhead locations.
2-195
Princess Anne Road
This project is for construction of a four -lane
$40,073,163
$4,762,324
$251,543
— Phase VII
divided roadway with a bike path, from
General Booth Blvd to Fisher Arch., a
distance of approximately 1.25 miles.
Improvements at the intersections of General
Booth Blvd, Elson Green Ave. and Upton
Dr./Sandbridge Rd. are included as well as
aesthetic upgrades.
IM
Project/
Total
Total PFRB
Series
Fund
Project Name
Description
Programmed
Planned
2016A
Number
Cost
Financing
Bonds
2-409
Centerville Turnpike
This project is for the construction of a four-
$38,194,743
$10,869,000
$1,043,738
— Phase II
lane divided highway within a 130 foot right-
of-way from Indian River Road to Kempsville
Road, and will provide improvements at the
Kempsville Road and Indian River Road
intersections, including triple left turn lanes
onto Indian River Road from Centerville
Turnpike, sidewalk, dedicated on -road bike
lanes, landscaping, and relocation of existing
aerial utilities to a new overhead location.
3-019
Adam Thoroughgood
This project will expand the Adam
$2,244,826
$1,981,657
$651,130
House Visitor Center
Thoroughgood House site with the
Construction
construction of a 3,000 square foot building
that will include ADA compliant public rest
rooms, a small gift shop, a video viewing area
for mobility impaired patrons, an office for
staff, collections storage, and an
exhibit/education space.
3-028
Aquarium Marsh
This project will enhance the Aquarium Marsh
$11,616,580
$850,000
$345,340
Pavilion
Pavilion and include the creation of children
Enhancements
exhibit play areas, an Animal
Conservation/Veterinary Care Exhibit, a more
welcoming entrance, easier and more
interesting travel between buildings,
landscape enhancements, visitor amenities
such as a small cafe, refurbishment of the
Pavilion's gift store, support areas & theater.
3-095
CIT -Police Integrated
This project implements the Criminal Justice
$16,396,385
$2,989,807
$2,780,390
Public Safety Record
Automated Systems Analysis. It is an
Management System
integrated Public Safety Record Management
System comprising mobile and electronic
summons components and enhanced
interfacing between the City's public safety
agencies and State, Federal, and regional
public safety systems.
3-137
Various Buildings
This project provides rehabilitation and
$24,518,329
$2,051,964
$1,108,211
Rehabilitation and
renewal of interior and exterior systems for
Renewal III
City owned buildings/facilities. It addresses a
backlog of original roofs, which were installed
from 1968 to 1984. It excludes roofs for fire
stations and parks and recreations facilities,
which are included in separate projects. It
includes rehabilitation and replacement of the
Fire Training Center's existing facility and
libraries.
Project/
Total
Total PFRB
Series
Fund
Project Name
Description
Programmed
Planned
2016A
Number
Cost
Financing
Bonds
3-200
Revenue Assessment
This project provides for a comprehensive and
$11,924,799
$2,446,720
$290,605
and Collection
coordinated replacement of computer systems
System
currently used to support tax revenue and
collection.
3-344
Police Fourth
This project provides a 17,000 square foot
$8,007,206
$4,334,156
$260,449
Precinct —
replacement facility for the existing 6,017
Replacement
square foot facility at its current location, 840
Kempsville Road to include required parking
and storage facilities.
3-503
Housing Resource
This project is to construct an approximately
$29,963,792
$2,313,666
$2,025,672
Center
62,000 square foot Housing Resource Center
that would provide shelter and services to
homeless persons and those at risk of
homelessness. In addition, some services may
be available for the general community.
9-006
Winston-Salem
This project will provide funding for design,
$8,320,000
$865,000
$119,974
Avenue
property acquisition and construction of a
Improvements
two-lane roadway with on -street parking and
five foot wide walkway on the north side, a
nine foot wide walkway on the south side,
LED street lighting, and landscaping
consisting of trees, shrubs, and grasses within
a sixty foot right-of-way along Winston-
Salem Ave. between Pacific Ave. and
Mediterranean Ave.
9-008
Historic Kempsville
This project will address and coordinate a
$2,500,000
$346,693
$346,693
number of related issues and opportunities to
help support this redevelopment effort in the
area generally surrounding the Princess Anne
Road, Kempsville Road, and South
Witchduck Road intersection to provide open
space amenities, enhanced historic
preservation and interpretation efforts, and
help to better integrate adjoining
neighborhoods in the immediate and
surrounding area with this intersection area.
9-017
Arena Infrastructure
This project provides additional infrastructure
$21,151,000
$21,151,000
$145,310
Development -Off
improvements to support a privately owned &
Site
financed entertainment & sports arena of
approximately 500,000 -square feet & 16,500 -
seats (with expansion of up to 18,000) on 19th
Street across from the Virginia Beach
Convention Center.
Project/
Total
Total PFRB
Series
Fund
Project Name
Description
Programmed
Planned
2016A
Number
Cost
Financing
Bonds
9-091
Burton Station Road
This project provides funding for design and
$14,035,000
$8,500,000
$233,444
Improvements — Ph
construction of a new street with utilities,
III
lighting, landscaping, sidewalks and drainage
within an existing neighborhood where public
sanitary sewer and water service and drainage
are currently not available. The alignment will
provide an area for commercial and residential
development.
9-096
Oceanfront Capital
This project provides on-going funding to
$5,955,877
$1,200,000
$929,548
Projects
reinvest in various high impact capital projects
Reinvestment
at the oceanfront. The primary focus of the
project is to replace Atlantic Ave., side streets,
and boardwalk lighting with energy efficient
attractive LED lighting. The Lighting
replacements are planned in phases over 10
years and are roughly estimated at $5 million
with annual amounts to be programmed at
$450,000.
9-108
29t Street
This project provides funding for
$3,200,000
$3,200,000
$216,409
Improvements
improvements to 291h St. in the Resort Area as
a continuation of the Laskin Road Gateway
Project. The project area is 29th St. from Artic
to Pacific Ave. and includes streetscape
improvements including wide sidewalks and
street trees, a new street with improved
drainage, and undergrounding of overhead
utilities.
TOTAL
$431,839,060
$144,121,397
$24,029,552
I.M.1
EXHIBIT C
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
PUBLIC FACILITY REVENUE BOND ADMINISTRATIVE FEE SCHEDULE
Due Date
Administration
Fee
12/1/15
$35,000.00
12/1/16
$35,000.00
12/1/17
$34,205.00
12/1/18
$29,222.50
12/1/19
$23,970.00
12/1/20
$18,430.00
12/1/21
$12,597.50
12/1/22
$6,455.00
12/1/23
$0.00
The administrative fee schedule set forth above effective as of June 25, 2015 supersedes
all prior payment arrangements for the payment of administrative fees by the City of Virginia
Beach to the Virginia Beach Development Authority in connection with the issuance of public
facility revenue bonds by the Authority for the benefit of the City. The administrative fee
schedule applies to all currently outstanding public facility revenue bonds and all public facility
revenue bonds to be issued in the future.
4818-3390-5462.4
C-1
Project List
2016 Public Facility Revenue Bond Sale
City buildings
Various Buildings Rehabilitation and Renewal III
$
1,108,211
City buildings Total
$
1,108,211
Information technology
CIT -Police Integrated Public Safety Record Management System
$
2,780,390
Revenue Assessment and Collection System
$
290,605
Information technology Total
$
3,070,995
Miscellaneous economic development projects
$
2,909,321
Adam Thoroughgood House Visitor Center Construction
$
651,130
Aquarium Marsh Pavilion Enhancements
$
345,340
Historic Kempsville
$
346,693
Oceanfront Capital Projects Reinvestment
$
929,548
Miscellaneous economic development projects Total
$
2,272,711
Police and fire stations
$
600,000
Police Fourth Precinct—Replacement
$
260,449
Police and fire stations Total
$
260,449
Roads, streets, and interchanges
29th Street Improvements
$
216,409
Burton Station Road Improvements —Ph III
$
233,444
Centerville Turnpike — Phase II
$
1,043,738
First Colonial Road/Virginia Beach Boulevard Intersection Improvements
$
2,909,321
Holland Road — Phase VI (VDOT)
$
1,543,958
Landstown Road Improvements
$
403,826
Pacific Avenue Improvements
$
2,325,434
Princess Anne Road — Phase VII
$
251,543
Rosemont Road — Phase V
$
634,361
Sandbridge Road — Nimmo VII -A
$
600,000
West Neck Road — Phase IV
$
108,462
Winston-Salem Avenue Improvements
$
119,974
Witchduck Road — Phase II
$
3,663,534
Roads, streets, and interchanges Total
$
14,054,004
Sports stadiums
Arena Infrastructure Development -Off Site
$
145,310—
Sports stadiums Total
$
145,310
Community/senior centers
Housing Resource Center
$
2,025,672
Community/senior centers Total
$
2,025,672
Transportation
Light Rail Corridor Shared -Use Path
$
91,779
Transportation Total
$
91,779
School build
John B. Dey Elementary School Modernization $ 1,000,421
School buildings Total $ 1,000,421
Grand Total Projects $ 24,029,552
Item -VI-K3
ORDINANCESIRESOL UTIONS
64
ITEM #66343
Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council ADOPTED, BY
CONSENT, Ordinance pertaining to the COMPENSATION of the City Auditor
Voting: 10-1
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross -Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
September 20, 2016
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
AN ORDINANCE PERTAINING TO
THE COMPENSATION OF THE CITY
AUDITOR
WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
the City Council shall have their salaries and benefits determined by action of City
Council;
WHEREAS, the City Council appointed Lyndon S. Remias as City Auditor in July
om
WHEREAS, since his appointment more than eight years ago, the City Auditor's
only increases in compensation have been the increases provided to all City
employees;
WHEREAS, the City Auditor's current salary is $120,444.96, and an ordinance
adopted by City Council on June 21, 2016, provides that he shall receive a 1% merit
increase, effective with the pay period that includes December 1, 2016;
WHEREAS, given the increased volume and high quality of work done by the
City Auditor and his office, City Council has concluded that an increase in his
compensation is appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That, effective on the first day of next payroll period following adoption of
this ordinance, the annual salary of the City Auditor shall be is $124,000; his car
allowance shall remain at $6,000 annually.
2. In accordance with the ordinance adopted on June 21, 2016, the City
Auditor also shall receive a 1% merit increase, effective with the pay period that
includes December 1, 2016.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th
day of September , 2016.
APPROVED AS TO LEGAL
SUFFICIENCY:
Deputy City Attorney oderick R. Ingram
City Attorney's Office
CA13831 R-1 September 9, 2016
Item -VI -K.4
ORDINANCES/RESOLUTIONS
65
ITEM #66344
Barbara Messner spoke in OPPOSITION. The City pays an enormous amount of money to outside law
firms and this position is unnecessary.
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED, Resolution
APPOINTING B. Kay Wilson to the position of Deputy City Attorney
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
**Ms. Wilson replaces Bill Macali who recently retired
September 20, 2016
1
2
3
4
5
6
7
8
9
10
A RESOLUTION APPOINTING B. KAY WILSON TO THE
POSITION OF DEPUTY CITY ATTORNEY
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That pursuant to § 2-166 of the City Code, B. Kay Wilson is hereby appointed to the
position of Deputy City Attorney, effective October 1, 2016.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of
September 2016.
APPROVED AS TO CONTENT AND
LEGAL SUFFICIENCY:
City Attorney's Office
CA13817
R-1
September 2, 2016
Item -VI-KS
ORDINANCES/RESOLUTIONS
Z-!
ITEM #66345
Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council ADOPTED, BY
CONSENT, Resolution formally RE ADOPTING the Virginia Beach Emergency Operations Plan
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
September 20, 2016
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
A RESOLUTION FORMALLY RE -ADOPTING THE
VIRGINIA BEACH EMERGENCY OPERATIONS PLAN
WHEREAS, the City of Virginia Beach Fire Department, Office of Emergency
Management, regularly and routinely publishes and updates an Emergency Operations
Plan for the City of Virginia Beach; and
WHEREAS, Code of Virginia § 44-146.19.E. requires the City Council to formally
review and re -adopt the City of Virginia Beach Emergency Operations Plan every four
years; and
WHEREAS, that last adoption of the City of the Virginia Beach Emergency
Operations Plan occurred in 2012; and
WHEREAS, the four-year review and revision of the City of Virginia Beach
Emergency Operations Plan is complete.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City of Virginia Beach hereby formally re -adopts the revised Virginia
Beach Emergency Operations Plan.
Adopted by the City Council of the City of Virginia Beach, Virginia, this 20th
day of September , 2016.
APPROVED AS TO CONTENT:
�1 �_. C '
Steven R. Cover
Fire Chief
Fire Department
CA13832
R-1
September 9, 2016
APPROVED AS TO LEGAL
SUFFICIENCY:
Roderick R. Ingram
Deputy City Attorney
City Attorney's Office
City of Virginia Beach
Emergency Operations Plan Abstract
The intent of this abstract is to provide a brief overview of the City's Basic Emergency Operations Plan (EOP) and an outline
of the City's response to a major emergency. Disasters are such that a flexible organization is needed to meet the challenge
of an emergency.
PURPOSE
The purpose of the City's Emergency Operations Plan
(EOP) is to meet emergency management legal
mandates and provide an organizational and functional
framework for a comprehensive and integrated response
to disasters and/or events where specialized response
coordination and integration is desirable.
SITUATIONS AND ASSUMPTIONS
Situations and assumptions that affect the City's
emergency planning include the following:
Situations
• The City is vulnerable to various natural, technological,
and man-made threats.
• Hurricanes and Tropical Storms represent the primary
catastrophic threat facing the City. Other significant
natural hazards include winter storms and Nor'easters.
• Virginia Beach is at risk from intentional and non-
intentional hazards for which planning is desirable.
• Various legal authorities provide for an emergency
management organization to respond to and foster the
coordination of large-scale emergencies and/or events.
Assumptions
• The City has significant resources and manpower to
deal with most emergencies. However, these
resources can be quickly overwhelmed and exhausted
when faced with a disaster.
• The City will strive to plan for an accepted level of risk
for those emergencies it may experience realizing that
total preparedness is not a realistic goal.
• Each citizen and every business should be prepared
for emergencies and the consequences associated
with emergencies.
• The City will depend upon outside resources and
assistance during major emergencies once internal
resources have been exhausted. In such instances,
outside assistance may take 72 hours or longer to
arrive and effectively assist with the consequences of
the event.
• Resources and manpower from across the City, region,
and state will be solicited to meet the challenge of an
emergency.
• Large-scale emergencies can best be supported from
a centralized location — the Emergency Operations
Center (EOC).
• Based upon anticipated or actual conditions, a local
State of Emergency may be declared.
• State and federal assistance are two examples of
additional assistance that may be provided.
The City will strive to create an emergency
management system compliant with the National
Incident Management System (NIMS) standards for
response coordination.
CONCEPTS OF OPERATIONS
The following are central concepts that define the City's
emergency management organization.
Emergency Management
Emergency management, as a concept of operations,
refers to the art and science of managing large-scale
emergencies. This management is based upon legal
authorities and focuses on consolidated, integrated, and
centralized strategies utilized in a disaster situation.
Comprehensive Emergency Management Program
Emergency management involves four main phases of
activities. Each function and activity of the emergency
management organization needs to address each phase
to ensure a comprehensive emergency response.
• Mitigation — Includes those actions taken to reduce or
eliminate long-term risk to people and property from
disasters and their effects.
• Preparedness — Includes activities that are taken to
systematically prepare for a developing situation
including education, outreach, training, and exercises.
• Response — Includes those actions that are taken in
anticipation of, or in response to, an actual emergency.
• Recovery — Includes activities and considerations
associated with the post -emergency period.
National Incident Management System (NIMS)
The City has adopted the concept of NIMS as a basis for
its emergency management organization. These
concepts provide direction for the City in the areas of
Incident Command, emergency planning, external
affairs, communications, and resource management.
Emergency Operations Center (EOC)
The City will use its EOC to support the virtual or physical
location for emergency management integration and
coordination of emergency response activities. The
facility may serve as a traditional EOC, a command post,
or a Multi -Agency Coordination Center (MACC) to
support the coordination of an incident, particularly when
an incident command post has been established.
Incident Command System (ICS)
The City's emergency management organization will
utilize an ICS structure and response policy for all
incidents. This alignment places particular emphasis on
2
key ICS concepts: Incident Command, Command Staff,
Sections, Branches, Operational Periods, Incident/Event
Action Plans, and Area Commands to support the
efficient management of an incident and assist in the
institutionalization of emergency management
procedures within the City.
ORGANIZATION
The emergency management organization is established
to provide an organizational framework that can work
efficiently during an emergency and adapt to the
challenging nature of disasters. This organization is a
structure that brings together a variety of Citywide and
external agencies to respond to the various dimensions
of emergencies. The Virginia Beach Emergency
Management Organization is built around the Incident
Command System. Key elements of this organization
include Incident Command/Area Command/Unified
Command, Command Staff, Planning, Operations,
Logistics, and Finance sections. Branch level elements
are defined based upon roles and scope of the incident.
This structure can expand and contract based upon the
time, scope, and complexity of the incident.
Incident Command Structure Assignments
The City utilizes the ICS organizational structure as the
basic structure of the emergency management
organization. Please see the attached organizational
chart to see the general assignments.
Other Organizational Stakeholders
Other agencies interface with the emergency
management organization based upon the incident
goals, the pre-existing relationships and the legal
structure of the Commonwealth. Some of the agencies
that interface with the emergency management
organization include: City Council Appointments,
Constitutional Officials, Local State Offices, Judicial
System, Military Facilities, Volunteer Organizations,
Higher Education Institutions, Critical Infrastructure,
HRPDC, Virginia Department of Emergency
Management, and others.
RESPONSIBILITIES
The EOP outlines general and specific areas of
responsibilities for agencies, some key responsibilities
include the following:
Office of Emergency Management
The Office of Emergency Management is responsible for
providing support to the City Manager/Director of
Emergency Management and the Coordinator of
Emergency Management where the functions and
structure of the emergency management organization is
utilized to respond to the threat of/or an actual incident
and to support the integration of the emergency
management organization into City operations.
Common Responsibilities — All City Departments
All agencies of the City of Virginia Beach should ensure
that they are prepared to support emergency
management operations whether they are tasked or not
tasked in the plan.
• Ensure that critical agency -level functions are
identified and contingencies are in place for emergency
situations.
• Prepare the appropriate internal procedures,
emergency plans, and/or Standard Operating
Procedures (SOPs) to address emergency situations.
• Establish procedures to assess and report emergency
conditions, injuries, loss of life, and damage to facilities
and equipment.
• Communicate emergency responsibilities to
employees, ensure their readiness to respond to
emergency situations and develop accountability
systems.
• Provide support in non-traditional areas and roles
beyond normal job assignments.
Emergency Support Function (ESF) Responsibilities
A core concept of the EOP is the assignment of
emergency support functions to City departments.
Federal and state ESFs provide a framework for
emergency response and, recovery operations. Primary
City departments are listed below and supporting
department roles can be found within the ESF plan:
ESF #01 —Transportation
Primary Agency: Public Works
Responsibilities: Transportation infrastructure,
transportation resources, and transportation systems of
the community.
ESF #02 — Communications
Primary Agency: Information Technology
Responsibilities: Management of communications
systems and infrastructure.
ESF #03 — Public Works and Engineering
Primary Agencies: Public Works/Public Utilities
Responsibilities: Infrastructure and operations to
maintain and provide water, sewer, roads, traffic
management, beach operations and stormwater.
ESF #04 — Firefighting
Primary Agency: Fire
Responsibilities: All firefighting activities including urban,
rural and wildland operations.
ESF # 05 — Emergency Management
Primary Agency: OEM
Responsibilities: Coordination of incident management
and response efforts, incident action planning, and multi -
agency coordination.
ESF # 06 - Mass Care, Emergency Assistance, and
Housing
Primary Agency: Human Services
Responsibilities: Mass care, sheltering, disaster housing,
family assistance centers, emergency assistance.
ESF # 07 — Logistics and Support Services
Primary Agency: Public Works
Responsibilities: incident logistics planning, resource
management and sustainment, resource support and
procurement.
ESF # 08 — Health and Medical Services
Primary Agencies: EMS/Public Health
Responsibilities: Community/public health, mental
health, mass fatality management, and emergency
medical services.
ESF # 09 — Search and Rescue
Primary Agency: Fire
Responsibilities: Search and rescue operations and life-
saving assistance.
ESF #10 — Oil and Hazardous Materials
Primary Agency: Fire
Responsibilities: Oil and hazardous material response
and short- and long-term environmental cleanup.
ESF #11 — Agriculture and Natural Resources
Primary Agency: Agriculture
Responsibilities: Animal/pest disease and response,
national and cultural resources, historic property
protection and restoration, and pet welfare.
ESF #12 — Energy
Primary Agency: Public Works
Responsibilities: Energy infrastructure and repair,
industry utility coordination, and energy forecasting.
ESF #13 — Public Safety and Security
Primary Agency: Police
Responsibilities: Facility and resource security, security
planning and technical assistance, public safety and
security support, and access traffic and crowd control
planning.
ESF #14 — Long -Term Recovery
Primary Agency: Economic Development
Responsibilities: Social and economic community impact
assessments, facilitation of recovery planning and assets
and coordination of recovery resources.
ESF #15 — External Affairs
Primary Agency: Communications Office
Responsibilities: PIO coordination, dissemination of
public information and protective actions, emergency
public information, and warnings.
ESF # 16 — Military Affairs
Primary Agency: City Manager's Office
Responsibilities: Facilitation and coordination with the
military facilities and agencies in emergency
management situations.
ESF # 17 - Volunteers and Donations Management
Primary Agencies: Volunteer Resources/Public
Works
Responsibilities: Facilitating the integration of volunteer
resources (spontaneous and affiliated) activities in
emergency management situations, and all donations
management activities (collection, warehousing,
distribution, etc.).
ADMINISTRATION AND LOGISTICS
The following are administrative and logistical
considerations in the event of an emergency:
• Standard operating procedures will be maintained
under emergency conditions to the extent possible.
• Various predetermined activities may be required to
prepare for the effects of an emergency. These include
the acquisition of supplies and materials and the
relocation of equipment.
• The City will utilize WebEOC as its crisis management
system for coordination purposes.
• The City will ensure that NIMS training standards are
obtained by City staff.
• The City will develop an exercise plan to ensure both
hazard -specific and functional response issues are
regularly exercised, evaluated and improved.
• The City may employ mutual aid and assistance to
meet certain critical needs based upon state rules.
PLAN DEVELOPMENT AND MAINTENANCE
The Office of Emergency Management maintains the
City's Emergency Operations Plan. Departments with
responsibilities (all primary and all supporting) in
emergency support functions are responsible for
assisting and developing plans in their area of operations.
Plans should be regularly updated and periodically tested
to ensure practicality and utility. The EOP is to be
exercised annually as part of an exercise or in an actual
emergency.
AUTHORITIES AND REFERENCES
• Code of Virginia
• Code of the City of Virginia Beach
• City of Virginia Beach Emergency Operations
Plan
• Commonwealth of Virginia Emergency
Operations Plan
• National Preparedness Framework
• National Incident Management System
Legal Authority
Section 2-411,412, and 413 of the Code of the City of
Virginia Beach and Commonwealth of Virginia
Emergency Services and Disaster Laws, Title 44,
Chapter 3.2 through 3.4, Code of Virginia, as amended.
4
City of Virginia Beach
Emergency Management Organization
Emergency Management
Branch
OEM
Public Safety
Public Works
Public Utilities
riong Tenn Recovery
Branch
Economic Development
Convention and Visitors
Planning
Management Services
Natural Resource Branch
Agriculture
Planning
Museums
Public Health
Public Safety Branch
Fire
EMS
Police
Sheriff
Public Health
ECCS
Branch
Preservation
Parks and Recreation
Libraries
Rnhnnk
Infrastructure Branch
Public Works
Public Utilities
Planning - Permitting
Housing and
Neighborhood
Preservation -
Codes
Parks and Recreation
- Landscape
Public Information:
Incident PIO, City PIO, Joint Information Center,
ECCS/311
Liaisons:
City Attorney, Public Schools, Sheriff, Military, ARC,
Judicial
Technology Branch
ComlT
Resource Support
Branch
Public Works
Facilities
Human Resources
Finance
Purchasing
Volunteers
Public Assistance
Branch
Finance
OEM
The City's emergency management
organization is based upon the existing
structure of government with the City Manager
as Director of Emergency Services. The
Emergency Services Coordinator and the
Office of Emergency Management provide staff
support to this organization. Various
departments are organized under an Incident
Command System (ICS) and Emergency
Support Function (ESF). When activated, the
emergency management organization is
prepared to manage large-scale emergencies
or threats of emergencies from the Emergency
Operations Center (EOC). This organization
expands and contracts based upon scope, size,
complexity, and nature of the threat.
2016
Item -VI -K.6
ORDINANCESIRESOL UTIONS
67
ITEM #66346
Upon motion by Vice Mayor Jones, seconded by Councilman
CONSENT, Ordinance to ESTABLISH three new roadway
APPROPRIATE $2,026,077 from the Virginia Department
Alternatives Program, and TRANSFER $910,266
Voting: 11-0
Council Members Voting Aye:
Moss, City Council ADOPTED, BY
capital projects, to ACCEPT and
of Transportation's Transportation
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
September 20, 2016
1 AN ORDINANCE TO ESTABLISH THREE NEW
2 ROADWAYS CAPITAL PROJECTS, TO ACCEPT AND
3 APPROPRIATE FUNDING FROM THE VIRGINIA
4 DEPARTMENT OF TRANSPORTATION'S
5 TRANSPORTATION ALTERNATIVES PROGRAM, AND TO
6 TRANSFER FUNDS
7
8 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA, THAT:
10
11 1. The following capital projects are established in the Roadways Section of
12 the Capital Improvement Program:
13 CIP # 2-112 Independence Blvd/Baxter Road Sidewalk;
14 CIP # 2-119 Providence Road Sidewalk; and
15 CIP #2-120 West Great Neck Road Sidewalk;
16
17 2. $794,477 in federal revenue is hereby accepted and appropriated to CIP
18 #2-112 Independence Blvd/Baxter Road Sidewalk;
19
20 3. $638,168 in federal revenue is hereby accepted and appropriated to CIP
21 #2-119 Providence Road Sidewalk;
22
23 4. $593,432 in federal revenue is hereby accepted and appropriated to CIP
24 #2-120 West Great Neck Road Sidewalk; and
25
26 5. $910,266 is hereby transferred from CIP #2-300 to the following projects
27 for the following amounts:
28 CIP #2-119 Independence Blvd/Baxter Road Sidewalk $356,939;
29 CIP #2-112 Providence Road Sidewalk $286,712; and
30 CIP #2-120 West Great Neck Road Sidewalk $266,615.
Adopted by the Council of the City of Virginia Beach, Virginia on the 20thday of
September 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
David Bradley
Budget and Management Services
CA13825
R-1
September 7, 2016
APPROVED AS TO LEGAL SUFFICIENCY:
-04'ha Harmeyer, Senior Finance Attorney
City Attorney's Office
./Eng./Eng
LOCATION MAP
WEST GREAT NECK ROAD SIDEWALK
Feet
rt Services Bureau 09/25/2014 0 200 400 800
Item -VI -K.7
ORDINANCES/RESOLUTIONS
68
ITEM #66347
Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council ADOPTED, BY
CONSENT, Ordinance DECLARING EXCESS City Property at Ego Drive and AUTHORIZED the
City Manager to sell the property to Bishard Homes, LLC.
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Abstaining:
Mayor William D. Sessoms, Jr.
Council Members Absent:
None
September 20, 2016
1 AN ORDINANCE DECLARING THE
2 PROPERTY LOCATED AT 1833/1835 EGO
3 DRIVE (GPIN 2407-64-1624) TO BE IN
4 EXCESS OF THE CITY'S NEEDS AND
5 AUTHORIZING THE CITY MANAGER TO
6 SELL THE PROPERTY TO BISHARD
7 HOMES, LLC, A VIRGINIA LIMITED
8 LIABILITY COMPANY
9
10 WHEREAS, the City of Virginia Beach (the "City") is the owner of that
11 certain 7,731 sq. ft. parcel of land located at 1833/1835 Ego Drive (the "Property")
12 more particularly described on Exhibit "A" attached hereto and made a part hereof;
13
14 WHEREAS, the City acquired the Property pursuant to the APZ-1
15 Acquisition Program;
16
17 WHEREAS, the City funded the acquisition of the Property through a
18 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party
19 contributing fifty percent (50%) of the funds;
20
21 WHEREAS, the Property is in the midst of other residences and at the
22 time of acquisition was improved with a duplex home;
23
24 WHEREAS, Bishard Homes, LLC ("Bishard") holds fully executed
25 Purchase Agreements with the City of Virginia Beach to purchase the contiguous
26 parcels located at 1837/1839 Ego Drive and 1841/1843 Ego Drive (the "Contiguous
27 Lots") and has offered to purchase the Property in order to combine it with the
28 Contiguous Lots and utilize it in a manner compatible with the APZ-1 Ordinance;
WX
30 WHEREAS, Bishard desires to purchase the Property in accordance with
31 the Summary of Terms attached hereto as Exhibit "B" and made a part hereof;
32
33 WHEREAS, the APZ-1 Disposition Committee has recommended that City
34 Council declare the Property to be in excess of the City's needs and sell the Property to
35 the Bishard; and
36
37 WHEREAS, the City Council is of the opinion that the Property is in
38 excess of the needs of the City of Virginia Beach.
39
40 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
41 OF VIRGINIA BEACH, VIRGINIA:
42
43 That the Property located at 1833/1835 Ego Drive is hereby declared to
44 be in excess of the needs of the City of Virginia Beach and that the City Manager is
45 hereby authorized to execute any documents necessary to convey the Property to
46 Bishard in accordance with the Summary of Terms and such other terms, conditions
47 or modifications as may be acceptable to the City Manager and in a form deemed
48 satisfactory by the City Attorney.
49
50 Further, that revenue from the sale of the Property in the amount of
51 $7,731.00 will be received and fifty percent (50%) of the amount will be deposited for
52 appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana
53 and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be
54 deposited for future payment by the City Manager to refund the Commonwealth's
55 portion in accordance with the grant agreement.
56
57 This ordinance shall be effective from the date of its adoption.
58
59 Adopted by the Council of the City of Virginia Beach, Virginia, on the
60 20th day of September , 2016.
CA13631
R-1
8/31/16
\\vbgov.com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d031 \p012\00315365.doc
APPROVED AS TO CONTENT
Public Works
APPROVED AS TO LEGAL
SUFFICIENCY
APPROVED AS TO CONT NT
-S " 4, 6AI I
Budget & Management Ser4is
EXHIBIT "A"
GPIN: 2407-64-1624 (1833/1.835 Ego Drive
All that certain lot, piece or parcel of land, with the buildings
and improvements thereon, situate, lying and being in the City
of Virginia Beach, Virginia, and being known, numbered and
designated as Lot 54, as shown on that certain plat entitled,
"Oceana Village", which plat is duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia
in Map Book 26, at page 5.
RESERVING UNTO THE CITY all underlying fee in and to the
streets, alleys, and other rights-of-way abutting said Property,
and all easements of any description and rights of ingress and
egress benefiting the City or the public.
IT BEING the same property conveyed to the City of Virginia
Beach by deed dated January 28, 2016 and recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach
as Instrument Number 20160129000073330.
EXHIBIT "B"
SUMMARY OF TERMS
SALE OF EXCESS
PROPERTY LOCATED AT 1833/1835 EGO DRIVE
Seller:
Buyers:
Property:
Legal Description:
City of Virginia Beach
Bishard Homes, LLC, a Virginia limited liability company
7,731 square feet of property generally known as 1833/1835 Ego
Drive (GPIN: 2407-64-1624)
See Exhibit "A" to Ordinance
Sale Price: $7,731.00
CONDITIONS OF SALE:
• Property is purchased "As is, Where is."
• Buyer has been advised of APZ-1 restrictions for use.
• Buyer shall resubdivide the Property with the contiguous lots at
1837/1839/1841/1843 Ego Drive, at the Buyer's expense, to vacate
interior lot lines, and Buyer shall include a plat restriction limiting the
resubdivided property to one single-family dwelling unit.
• Seller will record deed restrictions permanently preventing new
dwelling units prior to or simultaneous with conveyance.
• Closing shall be on or before September 20, 2017.
mmm
cn
LL
(j
CD
cli Cl)
C) z'- :
>- IL
n1l
co
co
LL
0
(n
w
W
0
_j
> ct
LL C)
(D
Fr CN
w
ZWO0
Oco
0 a-
W
0
0
< af
w C,) C,4
0
0
< 00
Z
CD
CL
_j
CO EL
CV)
C)
LO
00
U) C?
OT -
Co 't
(n
w
V) z
w
Cl
n1l
co
co
0
(n
w
W
0
_j
> ct
LL C)
(D
Fr CN
w
ZWO0
Oco
0 a-
W
0
0
< af
w C,) C,4
0
0
< 00
Z
CD
CL
_j
CO EL
CV)
C)
LO
00
OT -
(n
w
w
n1l
co
co
CD
CL
CII
Ln _0 N
r -IL
Al <
z
5
OF OUR NAj10N
WILLIAM D. SESSOMS, JR.
MAYOR
In Reply Refer to 0058908
City of Virginia Beach
September 20, 2016
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Dear Mrs. Fraser:
VBgov.com
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9000
(757) 385-4581
FAX (757) 385-5699
wsessoms@vbgov.com
Pursuant to the State and Local Government Conflict of Interests Act, I make the
following declaration:
1. I am executing this written disclosure regarding City Council's discussion and
vote on an ordinance declaring the property located at 1833/1835 Ego Drive to be
in excess of the City's needs and authorizing the City Manager to sell the property
to Bishard Homes, LLC.
2. The applicant has disclosed that TowneBank is one of two financial services
providers for this transaction.
3. I have a personal interest in TowneBank, which is located at 600 22nd Street in
Virginia Beach, and I will abstain from voting on this matter.
Please record this declaration in the official records of City Council. Thank you for your
assistance.
Sincerely,
/r
�ilm D. Sessoms
Mayor
WDS/RRI
Item-VI-K.8a
ORDINANCES/RESOLUTIONS
.•
ITEM #66348
Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE temporary encroachments:
a. Portion of City right-of-way, known as 79`" Street, adjacent to 7810
Ocean Front Avenue
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance to AUTHORIZE a temporary encroachment to a
portion of City right-of-way, known as 79th Street, adjacent to
7810 Ocean Front Avenue (GPIN— Adjacent to 2419-68-5315)
The following conditions shall be required:
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the
Temporary Encroachment from the Encroachment Area in the event of an
emergency or public necessity, and Grantee shall bear all costs and expenses of
such removal.
2. It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that
within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will
bear all costs and expenses of such removal.
3. It is further expressly understood and agreed that the Grantee shall indemnify, hold
harmless, and defend the City, its agents and employees, from and against all
claims, damages, losses and expenses, including reasonable attorney's fees, in case
it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
4. It is further expressly understood and agreed that nothing herein contained shall
be construed to enlarge the permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the
limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
5. It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
6. It is further expressly understood and agreed that the Grantee must obtain and
keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident,
combined, with the City listed as an additional insured/loss payee. The company
providing the insurance must be registered and licensed to provide insurance in the
Commonwealth of Virginia. The Grantee will provide endorsements providing at
least thirty (30) days written notice to the City prior to the cancellation or
termination of, or material change to, any of the insurance policies. The Grantee
assumes all responsibilities and liabilities, vested or contingent, with relation to the
construction, location, and/or existence of the Temporary Encroachment.
September 20, 2016
Item-VI-K.8a
ORDINANCESIRESOL UTIONS
70
ITEM #66348
(Continued)
It is further expressly understood and agreed that the Grantee must submit for
review and approval, a survey of the Encroachment Area, certified by a Registered
Professional Engineer or a Licensed Land Surveyor, and/or "as built" plans of the
Temporary Encroachment sealed by a Registered Professional Engineer, if
required by either the Department of Public Works City Engineer's Office or the
Engineering Division of the Department of Public Utilities.
8. It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment
and charge the cost thereof to the Grantee, and collect the cost in any manner
provided by law for the collection of local or state taxes; may require the Grantee
to remove the Temporary Encroachment; and pending such removal, the City may
charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered
hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary
Encroachment is allowed to continue thereafter and may collect such
compensation and penalties in any manner provided by law for the collection of
local or state taxes.
This Ordinance shall be effective in accordance with Section 107 (1) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of September,
Two Thousand Sixteen.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
September 20, 2016
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT
5 INTO A PORTION OF CITY RIGHT -
6 OF -WAY KNOWN AS 79TH STREET,
7 LOCATED ADJACENT TO 7810
8 OCEAN FRONT AVENUE
9
10 WHEREAS, Andrew H. Cohen and Susan F. Cohen (the "Cohens") desire to
11 maintain an existing 130.7 sq. ft. long block wall in a portion of existing City right -of-way
12 known as 79th Street, located adjacent to 7810 Ocean Front Avenue, in the City of Virginia
13 Beach, Virginia; and
14
15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
17 the City's property subject to such terms and conditions as Council may prescribe.
18
19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21
22 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Andrew H. Cohen and Susan F.
24 Cohen, their heirs, assigns and successors in title are authorized to maintain an existing
25 130.7 sq. ft. long block wall in a portion of existing City right-of-way known as 79th Street,
26 as shown on the map entitled: "EXHIBIT "A" — ENCROACHMENT EXHIBIT 130.7' LOING
27 BLOCK WALL LOCATED IN THE 79TH STREET RM/ ADJACENT TO LOT 1 CAPE
28 HENRY SYNDICATE BLOCK 19, SECTION D 3 M.B. 1 PG. 8b," Scale: 1" = 20', dated
29 December 4, 2015, a copy of which is attached hereto as Exhibit A, and on file in the
30 Department of Public Works and to which reference is made for a more particular
31 description;
32
33 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly
34 subject to those terms, conditions and criteria contained in the Agreement between the City
35 of Virginia Beach and the Cohens (the "Agreement"), an unexecuted copy of which has
36 been presented to the Council in its agenda, and will be recorded among the records of the
37 Clerk's Office of the Circuit Court of the City of Virginia Beach;
38
39 BE IT FURTHER ORDAINED, that the City Manager or his authorized
40 designee is hereby authorized to execute the Agreement; and
41
42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
43 such time as the Cohens and the City Manager or his authorized designee execute the
44 Agreement.
45
46
47
48
Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th
day of September , 2016.
CA13475
R-1
PREPARED: 9/7/16
APPROVED AS TO CONTENT
PUBLIC WORKS, REAL ESTATE
gra�de6u,-�r��a
APPROVED AS TO LEGAL
7ND FORM:
ToF4EY
2
Dig R. N,42 m Y c
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
S�
THIS AGREEMENT, made this , day of VPrj );, , 2016, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and Andrew H. COHEN and Susan F.
COHEN, husband and wife, THEIR ASSIGNS AND SUCCESSORS IN TITLE,
"Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot 1, Block 19, Section D Cape Henry"; as shown
on that certain plat entitled: "CAPE HENRY SECTION D" and said plat is recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book
1, at page 8b, and being further designated, known, and described as 7810 Ocean
Front Avenue, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to maintain an existing 130.7
sq. ft. long block wall (the "Temporary Encroachment"), in the City of Virginia Beach;
and
WHEREAS, in maintaining the Temporary Encroachment, it is necessary
that the Grantee encroach into a portion of an existing City properties known as 79th
Street, the "Encroachment Area"; and
GPIN: (CITY RIGHT-OF-WAY - NO GPIN ASSIGNED)
Adjacent to 2419-68-5315 (7810 Ocean Front Avenue)
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be maintained in accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City's specifications and approval
and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that cc. -Iain exhibit plat entitled: "EXHIBIT "A" —
ENCROACHMENT EXHIBIT LONG BLOCK WALL
LOCATED IN THE 79TH STREET R/W ADJACENT TO LOT
1 CAPE HENRY SYNDICATE BLOCK 19, SECTION D 3
M.B. 1 PG. 8b," Scale: 1" = 20', dated December 4, 2015,
prepared by Gallup Surveyors & Engineers, LTD, a copy of
which is attached hereto as Exhibit "A" and to which
reference is made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
2
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident, combined,
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. The
Grantee will provide endorsements providing at least thirty (30) days written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location, and/or existence of the Temporary
3
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered professional engineer, if required
by either the Department of Public Works City Engineer's Office or the Engineering
Division of the Department of Public Utilities.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Andrew H. Cohen and Susan F. Cohen, the
said Grantee, have caused this Agreement to be executed by their signatures. Further,
that the City of Virginia Beach has caused this Agreement to be executed in its name
and on its behalf by its City Manager and its seal be hereunto affixed and attested by its
City Clerk.
4
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2016, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
(SEAL)
The foregoing instrument was acknowledged before me this day of
, 2016, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
By
Andrew H. Cohen, Owner
By'? ,
Susan F. Cohen, Owner
STATE OF -[^
CITY/COUNTY OF to -wit -
The foregoing instrument was acknowledged before me this 31 s+- day of
t2 arch , 2016, by Andrew H. Cohen and Susan F. Cohen, husband and wife.
Notary Registration Number: 76 / 6 5 3 �-
My Commission Expires: 0 1 1 31 /1$?
APPROVED AS TO CONTENTS
SIGNATURE
PUBLIC WORKS / REAL ESTATE
- 11--10
DATE
2
eo
.•o�
Public 0 '•.• 0 V
do
do
41
i ��'� E . 3' "• aft
616537 � '`�`
.,.01�gRY'
APPROVED AS TO LEGAL
ZIE Y AND FORM
AN R. HARMEYER,
SENIOR CITY ATTORNEY
G:\15-91 alta.dwg, 1/15/2016 10:56:20 AM, 1:10, BWG
ATLANTIC
OCEAN
(150' R/W - M.B.
1 P. 8b)
S 07'15'00" E
11.7'
50.00'
12"
Pine
6" Pine
0 0)
Q
J
a -
J
No
wQQ
?�
12" Pine
Q
�
`� ��
IA
4r,1N a
`��,�, z 5
D
Z LC
CE
.0
.
p a
LO2�
r -
LJ
a
N02C9
r7
Z NOQ
00II
'-
O W U
°° .-.
U
N
=
d w
U
��/
N
m
Gj O t`
(v� W a
CO
p
p
�0 m
Z
>
w
w oC7
W a
Q
00
LL_
Nr7ir
W
V1 Z
0
r
M
v
3
J
a
D
J
V)
W
X
6 °
Live Oak o
a
3
Q
O
L
.4-J
m
Cy)
13:
p
J
m
Z
to w
LO
Power
I�
to
c�
Q
LO
O
N
Pole
Water
�
''
00 00 z
a `a 0
J
H-- J
Meter
w
0
�`
m 3
Q o w
Z
JmN
w
X Y w\�
W F
p z .a 2
0 O °° w
o
J
c)
Z O
U
Q
ZOJzwotnwa
J t= U
o
m
=
�.
ao
U
r`
m_ W m
WF-
U)
}\
w
N
p
o
K
)
0
0
ma c
cr
o
LLJ
z v
a_jN
v WY m bN
(n
o
o
O
0
L<2
�z
w
'
O
-
U
vi
1W5. 11
L M
a=
o
CONC.
DRIVEWAY
t
W
<
o4
M
Li
(n
O
SCO
o
Z
J
m
a
o
N
V)
00
W
SCO
° Guy
Fn
X
o
OJ=res
Wirel
0�---
A
50.00'
N 07'15 00 W
UJ
m
TEL. PED.
VERIZON
LOT 7
0
�
VAULT
o
M. B. 1 P. 8b
o
,��
GPIN:
2419-68-4249
LJ
o)o
w
I
ATLANTIC AVE.
U
Z
(n
OR
G:\15-91 alta.dwg, 1/15/2016 10:56:20 AM, 1:10, BWG
G:\15-91 alta.dwg, 1/15/2016 10:56:20 AM, 1:10, BWG
ATLANTIC OCEAN
(150' R/W -
M.B. 1 P.
8b)
S
07'15'00" E
11.7'
50.00'
12"
Pine
6" Pine
0 c
J
D
v
N
(X
12" Pine
N
i�
IAwQQ
4'�INa iV
z_ it 5
J
2�
00
,-.
O Q
N LO w Z>
o_
N
x vN I
�I
J �0m
0000
C6
a
d U
v
0
N
p (n0w
O m
�
D}
ir
~
F >
O
m
=
O
m
0
lC��
W
LLI
o
x
Q
h'00
Or7of
NN5
W
cn z
o
= D
z
o Ln
3
a
J
V)
w
6"
Live Oak o
J
3
J
X
(n
w
0)I�
0
Z
I�
J
m
U)
—Q
w
LO
Power ��
0
L
0
Pole
00
z
N
Water
CO
a �I
�
J
F- J
Meter
w
rn
0mcv
�`
m Q
3
Q a
O
z
w
W Y
m
m
� p�
a�
L
�
�
U0
U
O
00 w
H U
m
i
z
a0
Q
�- Z �Z
J�
W 0Viw0
a 0
}\
_
o
U
m L.J m
W
N
>\
x= 0
w Z
rn
j
o
w
w V ZQ(n
wZ
ao
N
N
Q
O
O_j
0 <=
O M
z
w
15.7'
�-
Q
Wm II
a
o
CONC. DRIVEWAY
�
Z�
Q =
cN
co
W M
U
(n
O
SCO °
o
z
'
J
Q
m
V)
Q
o
,�
Q
m
N
d
�-SCO
° Guy
m
x
Z
00
O -fires
WireTi
0�---
1
N
50.00'
07'15 00
W
UJ
�
m
TEL. PED. c�
VERIZON
LOT
7
v
,
VAULT
o
M. B. 1
P. 8b
o
W
v
GPIN:
2419-68-4249
0
_ I
ATLANTIC
AVE.Uj
rn
ZN
G:\15-91 alta.dwg, 1/15/2016 10:56:20 AM, 1:10, BWG
Legend
City Properties
2419-68-5315
LOCATION MAP
'181HSS ENCROACHMENT REQUEST FOR
ANDREW H. COHEN & SUSAN F. COHEN
GPIN 2419-88-5315
Feet
0 50 100 200
Portion of Block Wall Facing
Oceanfront Avenue
Item-VI-KBb
ORDINANCES/RESOLUTIONS
71
ITEM #66349
Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE temporary encroachments:
b. Portion of City property, known as Lake Joyce, and a 25 foot strip of
City property around Lake Joyce at the rear of 4441 Blackbeard Road
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance to AUTHORIZE a temporary encroachment to a
portion of City property, known as Lake Joyce, and a 25 foot
strip of City property around Lake Joyce at the rear of 4441
Blackbeard Road (GPIN 1570-80-2438 and 1479-79-7343)
The following conditions shall be required:
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the
Temporary Encroachment from the Encroachment Area in the event of an
emergency or public necessity, and Grantee shall bear all costs and expenses
of such removal.
2. It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the
Grantee, and that within thirty (30) days after the notice is given, the
Temporary Encroachment must be removed from the Encroachment Area by
the Grantee; and that the Grantee will bear all costs and expenses of such
removal.
3. It is further expressly understood and agreed that the Grantee shall indemnify,
hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable
attorney's fees, in case it shall be necessary to file or defend an action arising
out of the construction, location or existence of the Temporary Encroachment.
4. It is further expressly understood and agreed that nothing herein contained
shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other than the
Grantee.
5. It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a
hazard.
September 20, 2016
Item-VI-K8a
ORDINANCES/RESOLUTIONS
72
ITEM #66349
(Continued)
6. It is further expressly understood and agreed that the Grantee shall establish
and maintain a riparian buffer, which shall be a minimum of 15 feet in width
landward from the shoreline, shall run the entire length of the shoreline, and
shall consist of a mulched planting bed and contain a mixture of understory
trees, shrubs and perennial plants (the "Buffer') The Buffer shall conform
with the Exhibit `A" attached to this agreement. The Grantee shall consult
with the Department of Planning and Community Development on the
composition of plants for the Buffer prior to its installation to confirm plant
suitability and acceptance. The Buffer shall not be established during the
months of June, July or August, so that it has the greatest likelihood of
survivability. The Grantee shall notify the Environment and Sustainability
Office of the Department of Planning and Community Development when the
Buffer is complete and ready for inspection. An access path, stabilized
appropriately to prevent erosion, through the Buffer to the shoreline is
allowed.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an
amount not less than $500, 000. 00, per person injured and property damage
per incident, combined, with the City listed as an additional insured/loss
payee. The company providing the insurance must be registered and licensed
to provide insurance in the Commonwealth of Virginia. The Grantee will
provide endorsements providing at least thirty (30) days written notice to the
City prior to the cancellation or termination of, or material change to, any of
the insurance policies. The Grantee assumes all responsibilities and
liabilities, vested or contingent, with relation to the construction, location,
and/or existence of the Temporary Encroachment.
8. It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as
established by the City.
9. It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost
in any manner provided by law for the collection of local or state taxes; may
require the Grantee to remove the Temporary Encroachment; and pending
such removal, the City may charge the Grantee for the use of the
Encroachment Area, the equivalent of what would be the real property tax
upon the land so occupied if it were owned by the Grantee; and if such
removal shall not be made within the time ordered hereinabove by this
Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment
is allowed to continue thereafter, and may collect such compensation and
penalties in any manner provided by law for the collection of local or state
taxes.
September 20, 2016
Item-VI-K.8a
ORDINANCESIRESOL UTIONS
73
ITEM #66349
(Continued)
This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of September,
Two Thousand Sixteen.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
rk"o IT
September 20, 2016
1 AN ORDINANCE TO AUTHORIZE
2 TEMPORARY ENCROACHMENTS
3 INTO A PORTION OF CITY
4 PROPERTY KNOWN AS LAKE
5 JOYCE AND A 25' STRIP OF CITY
6 PROPERTY AROUND LAKE JOYCE
7 LOCATED AT THE REAR OF 4441
s BLACKBEARD ROAD
10 WHEREAS, Lewis F. Affronti, Jr. and Patricia J. Affronti (the "Affrontis") have
11 requested permission to maintain two existing bulkheads, to construct and maintain one
12 additional bulkhead, steps, and retaining wall, to remove the existing docks and to
13 construct and maintain a proposed dock, proposed riprap (74 linear feet) and new batter
14 pile, to remove a tree causing damage to the existing bulkhead and to install proposed
15 landscape buffers into existing City property known as Lake Joyce and the 25' strip of City
16 property around Lake Joyce, located at the rear of 4441 Blackbeard Road.
17
18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
20 City's property subject to such terms and conditions as Council may prescribe.
21
22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009
26 and 15.2-2107, Code of Virginia, 1950, as amended, the Affrontis, their heirs, assigns and
27 successors in title are authorized to maintain one existing bulkhead, steps, and retaining
28 wall, to remove the existing docks and to construct and maintain a proposed dock,
29 proposed riprap (74 linear feet) and new batter piles, to remove a tree causing damage to
30 the existing bulkhead and to install proposed landscape buffers into existing City property
31 known as Lake Joyce and the 25' strip of City property around Lake Joyce, located at the
32 rear of 4441 Blackbeard Road, as shown on the map entitled: "EXHIBIT `A' —
33 ENCROACHMENT for Lewis F. Affronti and Patricia J. Affronti" prepared by Professional
34 Construction Consultants, LLC, dated June 16, 2016 and revised August 9, 2016, a copy of
35 which is attached hereto as Exhibit "A" and on file in the Department of Public Works and
36 to which reference is made for a more particular description;
37
38 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
39 subject to those terms, conditions and criteria contained in the agreement between the City
40 of Virginia Beach and the Affrontis (the "Agreement"), an unexecuted copy of which has
41 been presented to the Council in its agenda, and will be recorded among the records of the
42 Clerk's Office of the Circuit Court of the City of Virginia Beach;
43
44 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is
45 hereby authorized to execute the Agreement; and
46
48 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
49 time as the Affrontis and the City Manager or his authorized designee execute the
s0 Agreement.
51 20th
52 Adopted by the Council of the City of Virginia Beach, Virginia, on the
53 day of September , 2016.
CA -13621
R-1
PREPARED: 9/1/16
APPROVED AS TO CONTENT
PUBLIC WORKS, REAL •
APPROVED AS TO LEGAL
�FFIC N Y AND FORM:
C TY ATfORN EY
1 >AAM R. 84RILtFygk
LAKE JOYCE
APO 2
N/F CITY OF VIRGINIA BEACH
g GPIN: 1570 80 2438
S
EX. DOCK (TO BE REMOVED)
M.B. 31 P. 53 ENCROACHES MAX. 30.5'
F INTO CVB PROPERTY
f
REMOVE EX. DOCK
0
OHW REACHES EX.
BULKHEAD �\
CONVERT TERRACE
TO MULCH BEDS
235 SF
(PROPOSED LANDSCAPE
BUFFER)
620 SF
(PROPOSED LANDSCAPE
BUFFER)
PROPOSED RIP RAP WILL
ENCROACH MAX. 33.7'
INTO CVB PROPERTY
PROPOSED DOCK WILL
ENCROACH MAX. 29.9'
INTO CITY PROPERTY
PROPOSED BATTER PILES
WILL ENCROACH MAX. 27.9'
INTO CITY PROPERTY
LOT 20
N/F MICHAEL MARENS JR.
4437 BLACKBEARD ROAD 3
GPIN: 1479 79 6288 g
v
M
2
H
(
u RICHARD T.
P I�
Lic.
a AUGUST 9,
S/O_N A L
PROPOSED DOCK
16'
lz EX. STEPS ENCROACH MAX.
20.8' INTO CVB PROPERTY TURF L
TURF w�
TURF
TURF
EX. MULCH�SF),�
(APPROX 5PAVER WALK
1 STORY FRAME
#4441
LOT 21 BLACKBEARD ROAD
(M.B. 31, PG. 53)
Z GPIN: 1479 79 7343
1RTLETT D
S 4700' W
r PROPOSED RIPRAP
APPROXIMATELY 74 LF. CLASS 1
QUARRY STONE TO BE INSTALLED
ALONG EXISTING TIMBER
BULKHEAD
APPROX. LOCATION OF
NEW BATTER PILE (TYP)
�EX. BULKHEAD ENCROACHES MAX.
27.0' INTO CVB PROPERTY
EX. BULKHEAD
-TREE CAUSING DAMAGE
TO EX. BULKHEAD
REMOVED
� I � crtr a vwpKw EFACH
N GPllt 1570 EO 247E
EX. RETAINING WALL ENCROACHES MAX.
23.7' INTO CVB PROPERTY
EX. MULCH BED
(APPROX 230 SF)
N LOT 22
A N/F PHILLIP TEMPLETON
a 4445 BLACKBEARD ROAD
Q. GPIN: 1479 79 7493
m
EROSION & SEDIMENT
CONTROL LEGEND
MISC. GROUND COVER,
BLACKBEARD ROAD (50 R/W) ORNAMENTAL GRASSES
0 30' 60'
1"=30'
ZONING: R-10
ENGINEERING SERVICES PROVIDED BY:
PROFESSIONAL CONSTRUCTION CONSULTANTS. LLC.
PHONE: (757) 773-BOB4 EMNL• RICKOPCC-LLC.COM
& PERENNIAL PLANTS
Tm of Plan M bmW on
Plat nome"e M (CVB) M.B. SPECIES MAY VARY DEPENDING ON
31, Pp. 53 ane � AVAILABILITY AT TIME OF PLANTING
pmpond .Knout tM
OieiB1 of o Ube "ord'' REV 8/9/2016
EXHIBIT "A" — ENCROACHMENT
FOR
LEWIS F. AFFRONTI & PATRICIA J. AFFRONTI
JUNE 16, 2016 SHEET 1 OF 1
TEMPORARY TREE
PROTECTION
TP STANDARD & SPEC. 3.38
g BUFFER REVD: 74'x15'=1,110 SF
m
BUFFER PROVIDED: 855 SF
PROPOSED 855 SF LANDSCAPE
cok.
DRIVE
BUFFER INCLUDES PLANTINGS OF:
CANOPY TREES:
(2) WHITE OAK
a
UNDERSTORY TREES:
°a
(4) REDBUD AND DOGWOOD
P
(6) SHRUBS TO BE PLANTED AMONG
THE TREES AND THROUGHOUT THE
a
BUFFER AREA THAT WILL
ARCHITECTURALLY BLEND WITH THE
59.00'
PIN AFI
SPECIES OF TREES PLANTED
MISC. GROUND COVER,
BLACKBEARD ROAD (50 R/W) ORNAMENTAL GRASSES
0 30' 60'
1"=30'
ZONING: R-10
ENGINEERING SERVICES PROVIDED BY:
PROFESSIONAL CONSTRUCTION CONSULTANTS. LLC.
PHONE: (757) 773-BOB4 EMNL• RICKOPCC-LLC.COM
& PERENNIAL PLANTS
Tm of Plan M bmW on
Plat nome"e M (CVB) M.B. SPECIES MAY VARY DEPENDING ON
31, Pp. 53 ane � AVAILABILITY AT TIME OF PLANTING
pmpond .Knout tM
OieiB1 of o Ube "ord'' REV 8/9/2016
EXHIBIT "A" — ENCROACHMENT
FOR
LEWIS F. AFFRONTI & PATRICIA J. AFFRONTI
JUNE 16, 2016 SHEET 1 OF 1
0
P z
o LL�
LL
0 0 Q W v
Qw pM
F Q Q o
Oww0w�
p�CO
Q S Q U p
OQ om
a
w LL 0
V C a
W
I
El
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this day of , 2016, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and Lewis F. AFFRONTI, JR. & Patricia J.
AFFRONT!, husband and wife, and their assigns and successors in title, "Grantee",
even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land
designated and described as "Baylake Pines, Lot 21, Blk 1, Section 1"; as shown on
that certain plat entitled: "Subdivision No. 1 Baylake Pines, prepared by Frank Tarrall &
Associates," February 1954 which said plat is recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia in Map Book 31, at page 53, and
being further designated, known, and described as 4441 Blackbeard Road, Virginia
Beach, Virginia 23455;
WHEREAS, it is proposed by the Grantee to maintain one existing bulkhead, one
set of steps, a retaining wall, to remove existing dock and construct and maintain new
proposed dock, proposed riprap (74 linear feet), new batter piles, to remove tree
causing damage to existing bulkhead and install the proposed landscape buffers into
existing City property known as Lake Joyce and 25' strip of City property around Lake
Joyce, located at the rear of 4441 Blackbeard Road (collectively the "Temporary
Encroachments"), in the City of Virginia Beach; and
GPIN: 1570-80-2438; CITY PROPERTY (Lake Joyce/25' Strip of Land
GPIN: 1479-79-7343; 4441 Blackbeard Rd, Virginia Beach VA 23456
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into existing City property
known as Lake Joyce and a 25' strip of City property around Lake Joyce, the
"Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachments within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Areas
as shown on that certain exhibit plat entitled: "EXHIBIT "A" -
ENCROACHMENT, FOR LEWIS F. AFFRONTI & PATRICIA
J. AFFRONTI" prepared by Professional Construction
Consultants, LLC dated June 16, 2016 and revised August
9, 2016 " a copy of which is attached hereto as Exhibit "A"
and to which reference is made for a more particular
description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
0
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee shall establish
and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward
from the shoreline, shall run the entire length of the shoreline, and shall consist of a
mulched planting bed and contain a mixture of understory trees, shrubs and perennial
plants (the "Buffer") The buffer shall conform with the Exhibit "A" attached to this
agreement. The Grantee shall consult with the Department of Planning and Community
Development on the composition of plants for the Buffer prior to its installation to
3
confirm plant suitability and acceptance. The buffer shall not be established during the
months of June, July or August, so that it has the greatest likelihood of survivability.
The Grantee shall notify the Environment and Sustainability Office of the Department of
Planning and Community Development when the buffer is complete and ready for
inspection. An access path, stabilized appropriately to prevent erosion, through the
buffer to the shoreline is allowed.
It is further expressly understood and agreed that the Grantee must
obtain and keep in effect liability insurance with the City as a named insured in an
amount not less than $500,000.00 per person injured and property damage per incident,
combined, with the City listed as an additional insured. The company providing the
insurance must be registered and licensed to provide insurance in the Commonwealth
of Virginia. The Grantee will provide endorsements providing at least thirty (30) days
written notice to the City prior to the cancellation or termination of, or material change
to, any of the insurance policies. The Grantee assumes all responsibilities and
liabilities, vested or contingent, with relation to the construction, location, and/or
existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
M
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Lewis F. Affronti, Jr. & Patricia J. Affronti, the
said Grantees, have caused this Agreement to be executed by their signatures. Further,
that the City of Virginia Beach has caused this Agreement to be executed in its name
and on its behalf by its City Manager and its seal be hereunto affixed and attested by its
City Clerk.
Remainder of page intentionally left blank.
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2016, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
(SEAL)
The foregoing instrument was acknowledged before me this day of
, 2016, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
Notary Registration Number:
My Commission Expires:
2
Notary Public
(SEAL)
By
Lewis F. Affront' ., Own
-:�
By I (,,� 4q -
Patricia J. Affronti, O r
STATE OF V�rJ►hl(,
CITY/COUNTY OF to -wit:
The foregoing instrument was acknowledged before me this ?4 day of
Y2016, by Lewis F. Affronti, Jr.
If
Nota
Notary Registration Number: HEATHER L. KE�lMPP
REGISTRATION A 185004
COMMONWEALTH OF VIRGINIA
My Commission Expires: MY COMMISSION EXPIRESMAY 81. 2019
STATE OF V frInIc'
CITY/COUNTY OP r , to -wit:
blic
The foregoing instrument was acknowledged before
b&,r2016, by Patricia J. Affronti.
Notary Registration Number:
RI
My Commission Expires: MY
7
(SEAL)
this .2. ' 'day of
SEAL)
APPROVED AS TO CONTENTS
Eve 111111i_ 'i' '_ 1L, Loa,
SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUF IENCY AND FORM
(---7
ARMEYER
SENIOR CITY ATTORNEY
LAKE JOYCE
APO 2
N/F CITY OF VIRGINIA BEACH
li GPIN: 1570 80 2438
s PROPOSED RIPRAP
M.S. 31 P. 53 a• DOCK ( BE REMOVED) APPROXIMATELY 74 LF. CLASS 1
ENCROACHES ITPR PET 5' PROPOSED DOCK QUARRY STONE TO BE INSTALLED
ALONG EXISTING TIMBER
BGI� REMOVE EX. DOCK BULKHEAD
tidy APPROX. LOCATION OF
OHW REACHES DC
NEW BATTER PILE (TV)
BULKHEAD 1 6' %IX 28 0 INTO CVB PROPERTULKHEAD ENCROACHESY
CONVERT TERRACE
TO MULCH BEDS
235 SF
(PROPOSED LANDSCAPE W TUB y
BUFFER) W W W
620 SF
(PROPOSED LANDSCAPE
BUFFER)
PROPOSED RIP RAP WILL
ENCROACH MAX. 33.7'
INTO CVB PROPERTY
PROPOSED DOCK WILL
ENCROACH MAX. 29.9'
INTO CIN PROPERTY
PROPOSED BATTER PILES
WILL ENCROACH MAX. 27.9'
INTO CIN PROPERTY
LOT 20
N/F MICHAEL MARENS JR.
4437 BLACKBEARD ROAD 'T
GPIN: 1479 79 6288
N/F PHIWP TEMPLETON
n
2
1 STORY FRAME
ct GPIN: 1479 79 7493
#4441
RICHARD T.
ARTLM
'a AUGUST 9, 2dAj.j
r�
O�
ess/Q N A t_
D(. BULKHEAD
_rj— —-TTREE CAUSING DAMAGE
O EX. BUL
REMOVEDKHEAD
—C -1 V41p-435
N I- CPlft 1570 tpNM 2WS
EX. STEPS ENCROACH MAX.
20.8' INTO CVB PROPERTY TURF (D EX. RETAINING WALL ENCROACHES MAX.
TURF 23.7' INTO CVB PROPERTY
TURF
C. TURF
D(. MULCH(APPROX EX. NULCH BmAVER WALK (APPROX 230 SF)
0 30' 60'
1' = 30'
ZONING: R-10
ENGINEERING SERVICES PR0190ED By.
PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC.
PNONE: (757) 773-8084 EMAIL RICKOPOC-LLC.COM
& PERENNIAL PLANTS
7hb 41to p1m Y bo4W on
pot n— . . h (as) Na SPECIES MAY VARY DEPENDING ON
31, Pg. 53 and .e, AVAILABILITY AT TIME OF PLANTING
p>mp. wINm d 10
a a ms eeordL REV 8/9/2016
EXHIBIT "A" - ENCROACHMENT
FOR
LEWIS F. AFFRONTI & PATRICIA J. AFFRONTI
JUNE 16, 2016 SHEET 1 OF 1
LOT 22
N/F PHIWP TEMPLETON
c 4445 BLACKBEARD ROAD
1 STORY FRAME
ct GPIN: 1479 79 7493
#4441
m
EROSION & SEDIMENT
CONTROL LEGEND
TEMPORARY TREE
PROTECTION
TP STANDARD & SPEC. 3.38
g BUFFER REQ'D: 74'x15'=1,110 SF
m ,
BUFFER PROVIDED: 855 SF
CONC.
PROPOSED 855 SF LANDSCAPE
DRIVE
.
BUFFER INCLUDES PLANTINGS OF:
CANOPY TREES:
LOT 21 BLACKBEARD ROAD
(2) WHITE OAK
I
G (M.B. 31, PG. 53)
d
Z GPIN: 1479 79 7343
UNDERSTORY TREES:
i
(4) REDBUD AND DOGWOOD
(6) SHRUBS TO BE PLANTED AMONG
THE TREES AND THROUGHOUT THE
PIN (F)
°a
BUFFER AREA THAT WILL
ARCHITECTURALLY
v R-246.22' S 4700 W
59.00'
PIN (F)
BLEND WITH THE
SPECIES OF TREES PLANTED
BLACKBEARD ROAD (50'
RAW)
MISC. GROUND COVER,
ORNAMENTAL GRASSES
0 30' 60'
1' = 30'
ZONING: R-10
ENGINEERING SERVICES PR0190ED By.
PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC.
PNONE: (757) 773-8084 EMAIL RICKOPOC-LLC.COM
& PERENNIAL PLANTS
7hb 41to p1m Y bo4W on
pot n— . . h (as) Na SPECIES MAY VARY DEPENDING ON
31, Pg. 53 and .e, AVAILABILITY AT TIME OF PLANTING
p>mp. wINm d 10
a a ms eeordL REV 8/9/2016
EXHIBIT "A" - ENCROACHMENT
FOR
LEWIS F. AFFRONTI & PATRICIA J. AFFRONTI
JUNE 16, 2016 SHEET 1 OF 1
Item -VI -K.9
ORDINANCESIRESOL UTIONS
74
ITEM #66350
Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council ADOPTED, BY
CONSENT, Ordinance to CARRY FORWARD from FY 2015-16 and APPROPRIATE $865,901 into
the FY 2016-1 7for purposes previously approved:
GENERAL FUND
Planning $ 10,078
Cultural Affairs/Arts and Humanities Commission $ 4,519
Cultural Affairs $125,000
Human Resources/Employee Special Benefits $ 60,000
Human Services/MH PATH, PATH, DS Early Intervention,
DS Infant Program $243,872
EMS/Administration and Operations $ 65,850
Housing and Neighborhood Preservation/Code Enforcement $ 36,427
LAW LIBRARY FUND
Law Library $227,746
DEA SEIZED PROPERTY SPECIAL REVENUE FUND
Police/DEA Uniform Patrol Grants $ 16,180
Police/DEA K-9 $ 26,600
Police/DEA Special Investigative Unit $ 22,629
PARKS AND RECREATION SPECIAL REVENUE FUND
Parks and Recreation/Landscaping Special Zone
Management Princess Anne $ 27,000
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
r
September 20, 2016
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
AN ORDINANCE TO CARRY FORWARD AND
APPROPRIATE $865,901 FOR PURPOSES PREVIOUSLY
APPROVED IN FY 2015-16 INTO FY 2016-17 OPERATING
BUDGET
WHEREAS, funding totaling $915,901 were unexpended at the close of the FY
2015-16 fiscal year and require re -appropriation to achieve the purposes for which such
funds were included in the FY 2015-16 Operating Budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That $865,901 is hereby appropriated in the FY 2016-17 Operating Budget for
the purposes and amounts as set forth in the attachment entitled "Exhibit A: FY 2015-16
Items Requested for Carry Forward into FY 2016-17," with revenue from the respective
fund balances of each fund.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 20thday
of September 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
David Bradley
Budget and Management Services
CA13822
R-2
September 9, 2016
APPROVED AS TO LEGAL SUFFICIENCY:
J
Da-Hg—rer, Senior Finance Attorney
City Attorrrey's Office
CITY OF VIRGINIA BEACH, VIRGINIA 9/7/2016
FY 2016-17
OPERATING BUDGET
CARRY FORWARD REQUESTS
Exhibit A: FY 2015-16 Items Requested for Carry Forward into FY 2016-17
Department Amount Purpose / Comments
GENERAL FUND
Planning $ 10,078 Green Ribbon Initiative Grant addressing water quality at 19th
Street Corridor and the ViBe District; Historic Preservation
Programs survey.
Cultural Affairs/Arts & Humanities
$
4,519
Arts and cultural obligations.
Commission
Cultural Affairs
$
100,000
City grant match to the ViBe non profit organizations.
Cultural Affairs
$
25,000
Two temporary sculpture projects coordinated with MOCA.
Human Resources/Employee Special Benefits
$
60,000
Applications for tuition which will be paid when final grades are
submitted.
Human Services/MH PATH, PATH,DS Early
$
243,872
Restricted funding to support service delivery to these programs.
Intervention, DS Infant Program
EMS/Administration & Operations
$
65,850
Advertising to support volunteer recruitment and retention,
donations to rescue squads for special event services already
rendered, and EMT training activities.
Housing & Neighborhood Preservation/Code
$
36,427
Accela for Citizen access and Database purging of records.
Enforcement
Newbern Lane Bulkhead Replacement Project.
$
545,746
TOTAL GENERAL FUND'
LAW LIBRARY FUND
Law Library
$
227,746
Delay in renovation process.
$
227,746
TOTAL LAW LIBRARY FUND'
DEA SEIZED PROPERTY SPECIAL REVENUE FUND
Police/DEA Uniform Patrol Grants
$
16,180
CIT training to Police/Sheriffs/Human Services personnel.
Police/DEA K-9
$
26,600
Purchase of K-9 dogs.
Police/DEA Special Investigative Unit
$
22,629
Two vehicles.
$
65,409
TOTAL DEA SEIZED PROPERTY SPECIAL REVENUE FUND"
PARKS & RECREATION SPECIAL REVENUE FUND
Parks & Recreation/Landscape Special Zone
$
27,000
Veritop Field Crawler, Litter Kat with Magnet, Turf Groomer with
Mgmt. Princess Anne
Tine Rake.
$
27,000
TOTAL PARKS & RECREATION SPECIAL REVENUE FUND
Item—VI-K.10a
ORDINANCESIRESOL UTIONS
75
ITEM #66351
Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE:
a. $204,434 from fees for service and ADD three full-time positions to
Human Services for Developmental Disability case management
services
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
September 20, 2016
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
AN ORDINANCE TO APPROPRIATE REVENUE FROM
FEES FOR SERVICE AND TO ADD THREE FULL-TIME
POSITIONS TO THE DEPARTMENT OF HUMAN
SERVICES FOR DEVELOPMENTAL DISABILITY CASE
MANAGEMENT SERVICES
BE IT ORDAINED BY THE COUNIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
1. $204,434 in fees for service revenue is hereby appropriated, with estimated
revenues increased accordingly, to the FY 2016-17 Operating Budget of the
Department of Human Services for additional personnel and related costs to
provide developmental disability case management services; and
2. Three full time MH/MR Clinician I positions are hereby authorized in the
Developmental Services Case Management program unit of the Department of
Human Services.
Sepdogted by the Council of the City of Virginia Beach, Virginia on the 40th day
of er 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
� 1
ALI
David Bradley
Budget and Management Services
CA13827
R-1
September 7, 2016
APPROVED AS TO LEGAL SUFFICIENCY:
J
ana Harrneyer, Senior Finance Attorney
City Attorney's Office
Item-VI-K10b
ORDINANCES/RESOLUTIONS
76
ITEM #66352
Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE:
b. $40, 000 for the Virginia Task Force Two Urban Search and Rescue Team
(FEMA) in response to Louisiana flooding
Voting: I1-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
September 20, 2016
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FOR THE VIRGINIA TASK FORCE TWO
3 URBAN SEARCH AND RESCUE TEAM IN
4 RESONSE TO LOUISIANA FLOODING
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 That $40,000 in funding from the U.S. Department of Homeland Security is
10 hereby accepted and appropriated, with estimated federal revenue increased
11 accordingly, to the Fire Department's FY 2016-17 Operating Budget to reimburse for the
12 deployment of three members of FEMA Task Force Two to Denham Springs, Louisiana
13 in response to the recent flooding.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day
of September , 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
David Bradley
Budget and Management Services
CA13821
R-2
September 7, 2016
APP AS TO LEGAL SUFFICIENCY:
eyer, Senior Finance Attorney
City Attorney's Office
Item-VI-K.10c
ORDINANCESIRESOL UTIONS
77
ITEM #66353
Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE:
C. $5,000 Grant from the Department of Motor Vehicles to Public Works
Voting: 11-0
Council Members Voting Aye.
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
September 20, 2016
1
2
3
4
5
6
7
8
9
10
11
12
13
14
AN ORDINANCE TO ACCEPT AND APPROPRIATE
GRANT FUNDS FROM THE DEPARTMENT OF MOTOR
VEHICLES TO THE DEPARTMENT OF PUBLIC WORKS
WHEREAS, the Department of Motor Vehicles has awarded the City of Virginia
Beach $20,000 to provide Regional Training in Traffic Engineering in Hampton Roads;
and
NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That $5,000 in grant funds is accepted and appropriated with state revenue
increased accordingly, to the Public Works Department to provide traffic engineering
and traffic safety training.
Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of
September 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
David Bradley Lanrmeyer, Senior Finance Attorney
Budget and Management Services City Attorney's Office
CA13828
R-1
September 7, 2016
Item-VI-KIOd
ORDINANCES/RESOLUTIONS
78
ITEM #66354
Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE:
d. $319,950 in Federal revenue and $35,550 in State revenue from the Virginia
Department of Transportation's Highway Safety Improvement Program to
"Traffic Safety Improvements IV"
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
September 20, 2016
1
2
3
4
5
6
7
8
9
10
11
12
AN ORDINANCE TO ACCEPT AND APPROPRIATE
FUNDING FROM THE VIRGINIA DEPARTMENT OF
TRANSPORTATION'S HIGHWAY SAFETY
IMPROVEMENT PROGRAM TO CIP #2-111,
"TRAFFIC SAFETY IMPROVMENTS IV"
NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That $319,950 in Federal revenue and $35,550 in State revenue is accepted and
appropriated with revenue increased accordingly to CIP #2-111 Traffic Safety
Improvements in the FY 2016-17 Capital Improvement Program.
Adopted by the Council of the City of Virginia Beach, Virginia on the 20thday of
September 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
David Bradley rmeyer, Senior Finance Attorney
Budget and Management S ices City Attorney's Office
CA13826
R-1
September 7, 2016
Holland Road from Windsor Oaks Boulevard to Green Run Boulevard
1
North Witchduck Road from Baker Road to Sullivan Drive
2
South Independence Boulevard from Green Meadows Boulevard to Dahlia Drive
3
3}
<� 1
�• �2 n
°'>i, Cehtr� p
°iht
e Or
IA,
Qto�eo
r�'GREENS CI
LU14 HlJ I = L3,25LL Vpd ree A A30 It
Proposed Flashing Yellow Arrow Location"
Baxter Road from Kenley Road to Centre Pointe Drive
4
L_..I I �fi o t i
Princess Anne Road from Edwin Drive to Green Meadows Drive / Timberlake Drive
5
, '. A �,, ��, C` 1, "K
M
F Z,
Lynnhaven Parkway from Pleasant Valley Road to Round Hill Drive
A
ADT 17,317 VOU
Uil"Mlits
Its
kr, M
L N Project -
Tom r�
0
0
Q
Lynnhav 'n Parkway
Mod
-'Yellow
Prop'osed Flashing Arrow Locatis'�
Lynnhaven Parkway from Pleasant Valley Road to Round Hill Drive
A
rateRoad
ON
Proposed Flashing Yellow Arrow Location`
First Colonial Road from Wolfsnare Road to Mill Dam Road
7
Item-VI-KIOe
ORDINANCESIRESOL UTIONS
79
ITEM #66355
Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE:
e. $21,300 Grant to the Fire Department for its Marine Team
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
September 20, 2016
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
FUNDS TO THE FIRE DEPARTMENT FOR ITS MARINE
TEAM
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA THAT:
1) $21,300 is hereby accepted from the Department of Homeland Security and
appropriated, with estimated federal revenues increased accordingly, to the FY
2016-17 Operating Budget of the Fire Department to purchase twenty personal
flotation device rescue harnesses, twenty fins, twenty equipment bags, five dry
suits, five undergarments, five glove sets, five surface water operations footwear,
five water operation helmets and twelve man overboard devices.
2) The City makes no commitment that the equipment purchased with these grant
funds will be replaced should the equipment fail or reach the end of its useful life.
Ado ted by the Council of the City of Virginia Beach, Virginia, on the 20th day
of Septemier 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
David Bradley
Budget and Management Services
CA13820
R-2
September 7, 2016
APPROVED AS TO LEGAL SUFFICIENCY:
D Meyer, Senior Finance Attorney
City Attorney's Office
Item-VI-K.IOF/I
ORDINANCESIRESOL UTIONS
80
ITEM #66356
Barbara Messner spoke in OPPOSITION. She feels this money can be better used to fund a full-time
employee.
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED, Ordinance
to APPROPRIATE:
f. FY 2016/17 DMV Grant to Police:
1. Seat Belt Enforcement APPROPRIATE: $52, 000; MATCH: $26, 000
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
September 20, 2016
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
FUNDS AND TO TRANSFER FUNDS WITHIN THE FY 2016-
17 OPERATING BUDGET OF THE POLICE DEPARTMENT
FOR THE ENFORCEMENT OF SEAT BELT LAWS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1) $52,000 is hereby accepted from the U.S. Department of Transportation
National Highway Traffic Safety Administration via the Virginia Department of Motor
Vehicles and appropriated, with estimated federal revenues increased accordingly, to the
FY 2016-17 Operating Budget of the Police Department for enhanced traffic enforcement,
the Click -It -or -Ticket campaign, and several traffic checkpoints; and
2) $26,000 is hereby transferred within the FY 2016-17 Operating Budget of the
Police Department to provide the local grant match.
Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day
of September 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
David Bradley
Budget and Management Services
CA13823
R-2
September 7, 2016
APPROVED AS TO LEGAL SUFFICIENCY:
Dana rmeyer, Senior Finance Attorney
City Attorney's Office
Item-VI-K10FI2
ORDINANCESIRESOL UTIONS
81
ITEM #66357
Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE:
f. FY 2016117 DMV Grant to Police:
2. DUIEnforcement APPROPRIATE: $62,466; MATCH: $31,233
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
September 20, 2016
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
2 FUNDS AND TO TRANSFER FUNDS WITHIN THE FY 2016-
3 17 OPERATING BUDGET OF THE POLICE DEPARTMENT
4 FOR ENHANCED DUI ENFORCEMENT
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 1) $62,466 is hereby accepted from the U.S. Department of Transportation
10 National Highway Traffic Safety Administration via Virginia Department of Motor Vehicles
11 and appropriated, with estimated federal revenues increased accordingly, to the FY 2016-
12 17 Operating Budget of the Police Department for police officer over -time and equipment
13 related to the enforcement of DUI laws; and
14
15 2) $31,233 is hereby transferred within the FY 2016-17 Operating Budget of the
16 Police Department to provide the local grant match.
Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day
of September 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
David Bradley ana rmeyer, enior Finance Attorney
Budget and Management Services City Attorney's Office
CA13824
R-1
September 7, 2016
Item -VI -K.11 -ADDED
ORDINANCESMESOL UTIONS
82
ITEM #66358
Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council ADOPTED, BY
CONSENT, Resolution to ENCOURAGE the Virginia Marine Resources Commission to ADOPT
regulations for Aquaculture structures
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley,
Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor
William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Abstaining.
Vice Mayor Louis R. Jones
Council Members Absent:
Robert M. Dyer
September 20, 2016
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
REQUESTED BY COUNCILMAN WOOD
A RESOLUTION TO ENCOURAGE THE VIRGINIA
MARINE RESOURCES COMMISSION TO ADOPT
REGULATIONS FOR AQUACULTURE STRUCTURES
AS RECOMMENDED BY THE LYNNHAVEN
SHELLFISH WORK GROUP
WHEREAS, the Virginia Marine Resources Commission (VMRC) in January
2016, formed a work group, the Lynnhaven Shellfish Work Group, to meet and review
user conflicts associated with commercial use of leased oyster ground and the concern
of highland property owners and other users of the Lynnhaven River and to forward
recommendations to the VMRC;
WHEREAS, the Lynnhaven Shellfish Work Group has completed its review after
numerous meetings and public hearings and has forwarded its recommendations to the
VMRC;
WHEREAS, the recommendations include the revision of VMRC Regulations, 4
VAC 20-335-10, et seq., and include four (4) options for the regulation of aquaculture
structures in the Lynnhaven River in Virginia Beach;
WHEREAS, the City Council of the City of Virginia Beach recognizes the work
and appreciates the dedication of those citizens who have participated in the Lynnhaven
Shellfish Work Group as members and those citizens who provided public input; and
WHEREAS, the City Council of Virginia Beach supports the effort of the
Lynnhaven Shellfish Work Group to find a balance of privately leased oyster planting
ground and public uses in the Lynnhaven River and its tributaries.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Virginia Marine Resources Commission is hereby encouraged to adopt
one of the revisions to VMRC Regulations at 4 VAC 20-335-10 recommended by the
Lynnhaven Shellfish Work Group, regarding aquaculture structures, which provide a
balance between privately leased oyster ground, private property, and public uses.
S e t
Adopted by the Council of the City of Virginia Beach on the 20th day of
P . 2016.
APPROVED AS TO LEGAL
SUFFICIENCY:
B. Kay Wi n, Associate City Attorney
City Attorney's Office
CA13635 / R-1 / September 15, 2016
VIRGINIA MARINE RESOURCES COMNIISSION PAGE I OF 5
"AUTHORIZES COMMERICAL SHELLFISH AQUACULTURE STRUCTURES"
CHAPTER 4 VAC 20-335-10 ET SEQ.
PREAMBLE
The Commonwealth of Virginia has a long history of leasing State-owned submerged land for
private shellfish culture and recognizes the potential economic and environmental benefits
associated with increased shellfish production.
In recent years, some shellfish growers have begun using low -profile structures such as nets,
trays and cages to provide additional protection for the shellfish placed on their leased ground.
This chapter authorizes shellfish aquaculture structures that may be placed on and immediately
above privately leased shellfish grounds without an individual permit from the Habitat
Management Division of the Marine Resources Commission.
This chapter is promulgated pursuant to the authority contained in §28.2-103 and §28.2-201 of
the Code of Virginia. This chapter amends and re -adopts, as amended, Chapter 4 VAC 20-335-
10 et seq. which was promulgated ter,.,:,.., be,. 25 1994 October 27, 2015 and made effective
3affeafy 1, 1998 January 1, 2016. The effective date of this chapter, as amended, is amu;
24�6 October 1, 2016.
R VAC 20-335-10 PURPC'SE.
The purpose of this chapter is to specify the criteria for commercial shellfish aquaculture
structures that may be employed on privately leased shellfish planting ground.
4 VAC 20-335-20 DEFINITIONS.
The following words and terms, when used in this chapter, shall have the following meaning
L,,niess the context clearly, indicates oi1,Pt�,ise:
VIRGINIA MARINE RESOURCES COMMISSION PAGE 2 OF 5
"AUTHORIZES COMMERICAL SHELLFISH AQUACULTURE STRUCTURES"
CHAPTER 4 VAC 20-335-10 ET SEQ.
"Aquaculture Structure" means devices, such as cages, trays, nets, bags, etc., used to contain or
protect shellfish.
"Commission" means the Marine Resources Commission.
"Shellfish" means native molluscan species or molluscan species imported in accordance with
§28.2-825 of the Code of Virginia.
"Aquaculture Cage " means any enclosed structure made of rigid material designed to protect
and grow molluscan shel f sh.
4 VAC 20-335-30 REQUIREMENTS AND CONDITIONS.
A. The activity must be conducted on planting ground leased in accordance with Chapter
6 of Title 28.2 of the Code of Virginia.
B. Leased planting ground must be properly marked in accordance with &28.2-607 of the
Code of Virginia and 4VAC20-290.
C. Aquaculture structures shall be delineated with markers meeting the description for
markers identified in 4 VAC20-290-30. The leaseholder shall also place a minimum of
two placards, attached to boundary or corner markers, stating "aquaculture structures."
Each placard shall be a minimum of 12 inches by 12 inches, constructed of a durable
material_, facing outward tom the aquaculture structures, and shall be at least four feet
above the mean high water line. The chief engineer may approve an alternate plan for
marking aquaculture structures. In such a case `11e chief engineer shall direct or approve
the appropriate markers.
D. Any structures placed on the bottom must be non-toxic and shall not be known to
leach any materials that would violate any water quality standards set by the Department
of Environmental Quality.
E. Structures shall not extend higher than 12 inches above the bottom substrate.
F. No new structures shall be placed on existing stands of submerged aquatic vegetation.
G. No structures may cause more than a minimal adverse effect on navigation.
VIRGINIA MARINE RESOURCES COMMISSION PAGE 3 OF 5
"AUTHORIZES COMMERICAL SHELLFISH AQUACULTURE STRUCTURES"
CHAPTER 4 VAC 20-335-10 ET SEQ.
H. Shellfish must be harvested in accordance with all applicable laws and regulations.
I. The Commission may direct removal of any structures that fail to meet the
requirements and conditions of this chapter.
Amendment option # 1. Permit requirement for structures, with two variations:
J. This regulation does not authorize any person to deploy aquaculture structures
within the City of Virginia Beach. Any aquaculture structures currently deployed in
the City of Virginia Beach pursuant to this regulation as of September 27, 2016, shall
either be removed or properly authorized by permit under Title 28.2 of the Code of
Virginia or by other regulation within 18 months.
J. This regulation does not authorize any person to deploy aquaculture structures
within the City, of Virginia Beach. Any aquaculture structures currently deployed in
the City of Virginia Beach, pursuant to this regulation as of September 27, 2016,
shall either be removed or properly authorized by permit under Title 28.2 of the Code
of Virginia, or by other regulation within 18.months. Any encroachment fees and/or
royalties required under 28.2 of the Code of Virginia, or by other regulation, for such
sti actures that would have previously been allowed per this regulation shall be
waived within the City of Virginia Beach): or, .
An2endment option # 2. Three buffer distance variations, with two variations:
J. No currently deployed or new aquaculture cages shall be authorized under this
regulation in residential areas within the City of Virginia Beach within (150, 210, or
500) feet from mean low water. For aquaculture cages deployed as of September 27,
2016, the leaseholder shall have 18 -months to remove or relocate such cages from
the above described area, or seek authorization to retain the cages by permit under
Title 28.2 of the Code of Virginia, or by other regulation. Any encroachment fees
and/or royalties required under 28.2 of the Code of Virginia, or by other regulation,
for aquaculture cages that would have previously been allowed per this regulation
shall be waived within the City of Virginia Beach; or,
J. No currently deployed or new aquaculture cages shall be authorized under this
regulation in residential areas within the City of Yrginia Beach without the consent
of the residential land oxwers within (150,. 210, or 500) feet. fr-on2 the mean low water
line. The leaseholder shall provide the following information: the name, address and
telephone number of the leaseholder; the plat file number of the lease where the
cages are proposed; the approximate size of the area that will contain the cages and
then" location depiC.ed Orr -0 COPi% Qf the lease p lf,* 1,12e ]22ar':irr2 IN 72unuler n{�rgv� it
VIRGINIA MARINE RESOURCES COMNHSSION PAGE 4 OF 5
"AUTHORIZES COMMERICAL SHELLFISH AQUACULTURE STRUCTURES"
CHAPTER 4 VAC 20-335-10 ET SEQ.
be placed within (150, 210 or 500) feet of the mean low water line on the leasehold at
any given time. Residential property owner acknowledgement forms for such property
owners may be submitted by the leaseholder. Such forms shall be signed by the
residential property owner and shall indicate his comments on the request. Should
such forms not be provided in the request, the Commissioner, or his designee, shall
notify the adjacent owners of the pending cages placement request for their- consent.
For cages deployed as of September 27, 2016, the leaseholder shall have 18 -months
to remove orrelocate such cages from the above described area, or obtain the
consent of the adjacent residential land owners as described above, or seek
authorization to retain the cages by permit under Title 28.2 of the Code of Virginia or
by other regulation. Any encroachment fees and/or royalties required under 28.2 of
the Code of Virginia, or by other regulation, for aquaculture cages that would have
previously been allowed per this regulation shall be waived within the City of
Virginia Beach.
4 VAC 20-335-40. Penalty.
As set forth in § 28.2-903 of the Code of Virginia, any person violating any provision of this
chapter shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation of any
provision of this chapter committed by the same person within 12 months of a prior violation is a
Class 1 misdemeanor.
This is to certify that the oregoing is a true and. accurate copy of the chapter passed by the
Marine Resources Commission, pursuant to authority vested in the Conunission by §§28.2-201
and 28.2-607 of the Code of Virginia, duly advertised according to statute, and recorded in the
Commission's minute book, at meeting held in Newport News, Virginia on September 27, 2016.
COMPvIONdv'EAL T H OF VIRGINIA
MARINE RESOURCES COMMISSION
MW
JOHN M. R. BULL
COMMISSIONER
VIRGINIA MARINE RESOURCES COMMISSION PAGE 5 OF 5
"AUTHORIZES COMMERICAL SHELLFISH AQUACULTURE STRUCTURES"
CHAPTER 4 VAC 20-335-10 ET SEQ.
Subscribed and sworn to before me this day of , 2016.
NOTARY PUBLIC
City of Virgiriia Beach
Z 2,
OF OUR NPao
LOUIS R. JONES
VICE MAYOR
September 20, 2016
Refer to File No. 0058910
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
PHONE: (757) 583-0177
FAX: (757)588-4659
Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Fraser:
Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(F), Code of Virginia,
I make the following declarations:
1. I am executing this written disclosure regarding City Council's discussion and
vote a resolution to encourage the Virginia Marine Resources Commission to
adopt regulations for aquaculture structures as recommended by the Lynnhaven
Shellfish Workgroup.
2. I have an oyster lease on property located at 3902 Richardson Road in Virginia
Beach.
3. I have chosen to abstain from voting on this item.
I respectfully request that you record this declaration in the official records of City
Council. Thank you for your assistance in this matter.
LJR/RRI
Sincerely,
Louis R. J s
Vice Mayo
1008 WITCH POINT TRAIL, VIRGINIA BEACH, VA 23455-5645
83
Item —VI -L
PLANNING ITEM #66359
1. SHORE VENTURES ASSOCIATES, LLC
2. DAVID N. REDA
3. PEMBROKE SQUARE ASSOCIATES, LLC
4. B.H. VINELAND, LLC
5. BRYANA GUCKIN
W"Tj19aJaFAWEL W
7a. WALMART STORES, INC., 3216
7b. WALMART STORES, INC., 2529
7c. WALMART STORES, INC., 1688
8. CITY
SUBDIVISION VARIANCE
STREET CLOSURE
MODIFICATION OF CONDITIONS
CONDITIONAL CHANGE OF
ZONING
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITINNL USE PERMIT
CONDITIONL USE PERMIT
AMEND SITE PLAN ORDINANCE
COUNCIL LADY KANE WILL ABSTAIN ON ITEM #6
VICE MAYOR JONES WILL VOTE VERBAL NAY ON ITEM #7a/b/c
COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM #7a/b/c
COUNCILMAN WOOD WILL VOTE VERBAL NAY ON ITEM #7alb/c
September 20, 2016
Item -VI-L
PLANNING
84
ITEM #66360
Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council APPROVED, BY
CONSENT. Item 1, 2, 3, 4, S, 6(COUNCIL LADY KANE WILL ABSTAIN), 7a/b/c (VICE MAYOR
JONES/COUNCILMEN MOSS and WOOD VERBAL NAY) and 8 of the PLANNING AGENDA
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
September 20, 2016
Item—VI-L.1
PLANNING
85
ITEM #66361
Upon motion by Vice Mayor Jones, seconded by Councilman Moss City Council APPROVED and
CONDITIONED, BY CONSENT, Ordinance upon application of SHORE VENTURES ASSOCIATES,
LLC. Subdivision Variance to Section 4.4(b) of the Subdivision Regulations re single family dwellings at
457 Kirkwood Lane DISTRICT 5 — LYNNHAFEN
IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of SHORE
LLC. Subdivision Variance to Sectio
Regulations re single family dwellings at
148 70688 73) DISTRICT 5 — LYNNHA FEN
The following condition shall be required:
VENTURES ASSOCIATES,
Section 4.4(b) of the Subdivision
457 Kirkwood Lane (GPIN
When subdivided, the property shall be subdivided as shown on the submitted
Preliminary Plat entitled "SUBDIVISION OF PARCELS E' & `F' AS SHOWN
ON SUBDIVISION OF THALIA MANOR M.B. 41 PG. 56, M.B. 52 PG. 32, " dated
March 15, 2016, and prepared by Gaddy Engineering Services, LLC, a copy of
which has been exhibited to the Virginia Beach City Council and a copy of which is
on file with the Virginia Beach Planning Department
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 Twentieth day of September,
Two Thousand Sixteen.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
September 20, 2016
riL
c
PEMBROKE OFFICE PARK - BUILDING ONE
281 INDEPENDENCE BOULEVARD
FIFTH FLOOR
VIRGINIA BEACH, VIRGINIA 23462-2989
TELEPHONE: 757-499-8971
FACSIMILE: 757-456-5445
S JL ES, R®UR��7gDON,
AHERN & ]C 9 P.C.
ATTORNEYS AND COUNSELORS AT LAW
September 20, 2016
Via Email: bkwilsonP bgov.corn
& Hand Deli veru
B. Kay Wilson, Associate City Attorney
Office of the City Attorney
City Hall Building #1, Room 26o
Municipal Center
Virginia Beach, Virginia 23456
'Admitted in Virginia and Washington DC
Re: Shore Ventures Associates, LLC Subdivision Variance Application; Disclosure Update
Dear Kay:
Enclosed herewith please find an updated Disclosure form that has been
reviewed and approved by all of the principals of Shore Ventures Associates, LLC (i.e.
Mike Megge, Eric Olson and Burt Cutright). This shall confirm that Shore Ventures
Associates, LLC, Shore Ventures, Inc. and EGO Holdings, LLC have no outstanding
loans with either Monarch Bank or TowneBank at this time. The subject property is
owned free and clear. Please pass on my apologies to anyone who was confused by
the Disclosure and the failure to update the Disclosure to reflect that the applicants
have no outstanding financing with Monarch Bank or TowneBank.
Please do not hesitate to contact me if you have any questions or concerns.
With kind regards, I am
Very truly yours,
_ r; _
R: Edward`$ourdon, Jr.
REBjr/arhm
Enclosure
cc: Michael Megge, Shore Ventures Associates, L.L.C.
Eric Olson, EGO Holdings, LLC
H:\AM\Subdivision Variance\Shore Ventures Associates\Patton Lane\Wilson_Ltr 9-20-16.doc
', Nwnd Dml�vevy
1
y....
_ _... ,.. _........_...... ,i. CH
JON M. AHERN
R.
EDWARD BOURDON, JR.
JAMES T. CROMWELL
L. STEVEN EMMERT
ANGELINA S. LEE
KIRK B. LEVY
MICHAEL J. LEVY'
HOWARD R. SYKES, JR.
LEONARD C. TENGCO
'Admitted in Virginia and Washington DC
Re: Shore Ventures Associates, LLC Subdivision Variance Application; Disclosure Update
Dear Kay:
Enclosed herewith please find an updated Disclosure form that has been
reviewed and approved by all of the principals of Shore Ventures Associates, LLC (i.e.
Mike Megge, Eric Olson and Burt Cutright). This shall confirm that Shore Ventures
Associates, LLC, Shore Ventures, Inc. and EGO Holdings, LLC have no outstanding
loans with either Monarch Bank or TowneBank at this time. The subject property is
owned free and clear. Please pass on my apologies to anyone who was confused by
the Disclosure and the failure to update the Disclosure to reflect that the applicants
have no outstanding financing with Monarch Bank or TowneBank.
Please do not hesitate to contact me if you have any questions or concerns.
With kind regards, I am
Very truly yours,
_ r; _
R: Edward`$ourdon, Jr.
REBjr/arhm
Enclosure
cc: Michael Megge, Shore Ventures Associates, L.L.C.
Eric Olson, EGO Holdings, LLC
H:\AM\Subdivision Variance\Shore Ventures Associates\Patton Lane\Wilson_Ltr 9-20-16.doc
APPLICANT'S NAME Shore Ventures Associates, L.L.C.
DISCLOSURE STATEMENT FORM
The completion and submission of this form is required for all applications
that pertain to City real estate matters or to the development and/or use of
property in the City of Virginia Beach requiring action by the City Council or
a board, commission, or other body appointed by the City Council. Such
applications and matters include, but are not limited to, the following:
Acquisition of Property
by City
Alternative
Compliance, Special
Exception for
Board of Zoning
Appeals
Certificate of
Appropriateness
(Historic Review Board)
Chesapeake Bay
Preservation Area
Board
Conditional Use Permit
Disposition of City
Property
Economic Development
Investment Program
(EDIP)
Encroachment Request
Floodplain Variance
Franchise Agreement
Lease of City Property
License Agreement
Modification of
Conditions or Proffers
Nonconforming Use
Changes
Rezoning
Street Closure
Subdivision Variance
Wetlands Board
The disclosures contained in this form are necessary to inform
public officials who may vote on the application as to whether
they have a conflict of interest under Virginia law..
SECTION 1 /APPLICANT DISCLOSURE
FOR CITY USE ONLY / All disclosures must be updated two (2) weeks prior to any
Planning Commission and City Council meeting that pertains to theapplication(s).
APPLICANT NOTIFIED OF HEARING
DATE:
NO CHANGES AS OF
DATE:
REVISIONS SUBMITTED
DATE:
Page I of 7
Virginia Beach
Check here if the APPLICANT IS NOT a corporation, partnership, firm,
business, or other unincorporated organization.
0 Check here if the APPLICANT IS a corporation, partnership, firm, business, or
other unincorporated organization.
(A) List the Applicant's name: Shore Ventures Associates, LLC
If an LLC, list all member's names:
Shore Ventures, Inc.: Michael Megge, President; EGO Holdings, LLC: Eric
Olson, Sole Member; CBC, LLC: Burt Cutright, Sole Member
If a CORPORATION, list the the names of all officers, directors, members,
trustees, etc. below: (Attach list if necessary)
(B) List the businesses that have a parent -subsidiary 1 or affiliated business entity Z
relationship with the Applicant: (Attach list if necessary)
See next page for information pertaining to footnotes' and Z
SECTION 2 / PROPERTY OWNER DISCLOSURE
Complete Section 2 only if property owner is different from Applicant.
F] Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm,
business, or other unincorporated organization.
Check here if the PROPERTY OWNER IS a corporation, partnership, firm,
business, or other unincorporated organization, AND THEN, complete the
following.
(A) List the Property Owner's name:_______
If an LLC, list the member's
names:
Page 2of7
Virginia Beach
If a Corporation, list the names ofall officers, directors, members, trustees,
etc. below: (Attach list if necessary)
(B) List the businesses that have a parent -subsidiary 1 or affiliated business entity
2 relationship with the Property Owner: (Attach list if necessary)
' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or
indirectly owns shares possessing more than 50 percent of the voting power of another corporation."
See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101.
` "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary
relationship, that exists when (i) one business entity has a controlling ownership interest in the other
business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or
(iii) there is shared management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship include that the
same person or substantially the same person own or manage the two entities; there are common or
commingled funds or assets; the business entities share the use of the same offices or employees or
otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close
working relationship between the entities." See State and Local Government Conflict of Interests Act,
Va. Code § 2.2-3101.
SECTION 3. SERVICES DISCLOSURE
Are any of the following services being provided in connection with the subject of the
application or any business oneratina or to be operated on the Property. If the answer
to any item is YES, please Identify the firm or individual providing the service: IF THE
OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION
SEPERATELY
Page 3of7
VB
APPLICANT Virginia Beach
YES NO SERVICE PROVIDER (use additional sheets if
Fneeded)
■ D
■ D
Accounting and/or preparer of
your tax return
Architect / Landscape Architect /
Land Planner
Contract Purchaser (if other than
the Applicant) - identify purchaser
and purchaser's service providers
Any other pending or proposed
purchaser of the subject property
(identify purchaser(s) and
purchaser's service providers)
Construction Contractors
Engineers / Surveyors/ Agents
Financing (include current
mortgage holders and lenders
selected or being considered to
provide financing for acquisition
or construction of the property)
Legal Services
Real Estate Brokers /
Agents/Realtors for current and
anticipated future sales of the
subject property
Gaddy Engineering Services, LLC
Beco Capital, LLC
Sykes, Bourdon, Ahern & Levy, P.C.
SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR
EMPLOYEE
YES NO
❑ ❑x
Does an official or employee of the City of Virginia Beach have
an interest in the subject land or any proposed development
contingent on the subject public action?
If yes, what is the name of the official or employee and what is the nature of the
interest?
Page 4 of 7
'VB�
Virginia Beach
ICATION:
that all of the information contained in this Disclosure Statement Form is
e, true, and accurate.
stand that, upon receipt of notification that the application has been
ed for public hearing, I am responsible for updating the information
d herein two weeks prior to the Planning Commission, Council, VBDA
[4PPLICANT'S
g, or meeting of any public body or committee in connection with this
tion.
71
Michael Megge, President
'S SIGNATURE
PRINT NAME DATE
Shore Ventures Associates LLCI Ma Memb
Page 5of7
Item—VI-L.2
PLANNING
M
ITEM #66362
Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council APPROVED and
CONDITIONED, BY CONSENT, Ordinance upon application of DAVID N. REDA, TRUSTEE OF
FIRST VIRGINIA LAND TRUST, Street Closure of Road Number #4 and a portion of a 20 foot private
road, adjacent to 1275 Baker Road DISTRICT 4 — BAYSIDE
IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of DAVID N. REDA, TRUSTEE OF
FIRST VIRGINIA LAND TRUST, Street Closure of Road Number #4
and a portion of a 20 foot private road, adjacent to 1275 Baker Road
(ADJACENT GPIN 1469000801) DISTRICT 4 — BAYSIDE
The following conditions shall be required:
The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City shall
be determined according to the "Policy Regarding Purchase of City's Interest
in Streets Pursuant to Street Closures, " approved by City Council. Because the
areas proposed for closure were severed from the main portion of the subject
roads by a lake over fifty (50) years ago, the public benefit, if any, in the areas
proposed for closure is minimal. This street closure is a formality to clear up a
title issue, which could be an impediment to the redevelopment of the property.
Therefore, it is not recommended that a purchase price be charged for this
closure.
2. The applicant shall re -subdivide the property and vacate internal lot lines to
incorporate the portions of closed rights-of-way into the adjoining parcel. The
Re -subdivision Plat must be submitted and approved for recordation prior to
final street closure approval.
3. The applicant shall verify that no private utilities exist within the portions of
rights-of-way proposed for closure. If private utilities do exist, easements
satisfactory to the utility company must be provided.
4. Closure of the portions of rights-of-way shall be contingent upon compliance
with the above stated conditions within 365 days of approval by City Council.
If the conditions noted above are not accomplished and the final plat is not
approved within one year of the City Council approval, said approval shall be
considered null and void.
This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, Twentieth day of September, Two
Thousand Sixteen.
September 20, 2016
Item—VI-L.2
PLANNING
Voting: 11-0
Council Members Voting Aye:
87
ITEM #66362
(Continued)
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent.-
None
bsent:
None
September 20, 2016
1 ORDINANCE APPROVING APPLICATION OF
2 DAVID N. REDA, TRUSTEE OF THE FIRST
3 VIRGINIA LAND TRUST, FOR THE
4 CLOSURE OF (1) AN 829 SQ. FT. PORTION
5 OF AN UNIMPROVED RIGHT-OF-WAY
6 KNOWN AS ROAD NUMBER 4 AND (2) A 377
7 SQ. FT. PORTION OF A 20 -FOOT WIDE
8 UNIMPROVED ROAD LOCATED WITHIN
9 PROPERTY AT 1275 BAKER ROAD
10
11 WHEREAS, David N. Reda, Trustee of the First Virginia Land Trust (the
12 "Applicant") applied to the Council of the City of Virginia Beach, Virginia, to have the
13 hereinafter described portions of unimproved rights-of-way discontinued, closed, and
14 vacated; and
15
16 WHEREAS, it is the judgment of the Council that said portions of unimproved
17 rights-of-way be discontinued, closed, and vacated, subject to certain conditions having
18 been met on or before one (1) year from City Council's adoption of this Ordinance.
19
20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
21 Beach, Virginia:
22
23 SECTION 1
24
25 That the hereinafter described portions of unimproved rights-of-way be
26 discontinued, closed and vacated, subject to certain conditions being met on or before
27 one (1) year from City Council's adoption of this ordinance:
28
29 PARCEL 1:
30 ALL THAT certain piece or parcel of land situate, lying and
31 being in the City of Virginia Beach, Virginia, designated and
32 described as "DENOTES PORTION OF ROAD NO. 4
33 (UNIMPROVED VARIABLE WIDTH RNV) (MB 7, PG 45)
34 (MB 45, PG 44) (MB 55, PG 15) (MB 81, PG 54) AREA =
35 829 SF OR 0.019 AC", shown as the shaded area on that
36 certain exhibit plat entitled: "EXHIBIT SHOWING PORTION
37 OF ROAD NO. 4 (UNIMPROVED VARIABLE WIDTH RNV)
38 (MB 7, PG 45) (MB 45, PG 44) (MB 55, PG 15) (MB 81, PG
39 54) TO BE CLOSED VIRGINIA BEACH, VIRGINIA APRIL
40 15, 2016", prepared by MSA, P.C., a copy of which is
41 attached hereto as Exhibit A.
42
43
44 No GPIN (Public Right -of -Way)
45 (Adjacent GPIN: 1469-00-0801)
46 PARCEL 2:
47 ALL THAT certain piece or parcel of land situate, lying and
48 being in the City of Virginia Beach, Virginia, designated and
49 described as "DENOTES PORTION OF 20' PRIVATE ROAD
50 (MD 7, PG 45) TO BE CLOSED AREA = 377 SF OR 0.009
51 AC", shown as the shaded area on that certain exhibit plat
52 entitled: "EXHIBIT SHOWING PORTION OF 20' PRIVATE
53 ROAD (MB 7, PG 45) TO BE CLOSED VIRGINIA BEACH,
54 VIRGINIA MAY 6, 2016", prepared by MSA, P.C., a copy of
55 which is attached hereto as Exhibit B.
56
57 SECTION II
58
59 The following conditions must be met on or before one (1) year from City
60 Council's adoption of this ordinance:
61
62 1. The City Attorney's Office will make the final determination regarding
63 ownership of the underlying fee. The purchase price to be paid to the City shall be
64 determined according to the "Policy Regarding Purchase of City's Interest in Streets
65 Pursuant to Street Closures," approved by City Council. Because the areas proposed
66 for closure were severed from the main portion of the subject roads by a lake over 50
67 years ago, the public benefit, if any, in the areas proposed for closure is minimal. This
68 street closure is a formality to clear up a title issue, which could be an impediment to the
69 redevelopment of the property. Therefore, it is not recommended that a purchase price
70 be charged for this closure.
71
72 2. The Applicant shall resubdivide the property and vacate internal lot lines to
73 incorporate the portions of closed rights-of-way into the adjoining parcel. The
74 resubdivision plat must be submitted and approved for recordation prior to final street
75 closure approval..
76
77 3. The Applicant shall verify that no private utilities exist within the portions of
78 rights-of-way proposed for closure. If private utilities do exist, easements satisfactory to
79 the utility company must be provided.
80
81 4. Closure of the portions of rights-of-way shall be contingent upon
82 compliance with the above stated conditions within 365 days of approval by City
83 Council. If the conditions noted above are not accomplished and the final plat is not
84 approved within one year of the City Council approval, said approval shall be
85 considered null and void.
86
87 SECTION III
88
89 1. If the preceding conditions are not fulfilled on or before September 19,
90 2017, this Ordinance will be deemed null and void without further action by the City
91 Council.
92 2. If all conditions are met on or before September 19, 2017, the date of final
93 closure is the date the street closure ordinance is recorded by the City Attorney.
94
95 3. In the event the City of Virginia Beach has any interest in the underlying
96 fee, the City Manager or his designee is authorized to execute whatever documents, if
97 any, that may be requested to convey such interest, provided said documents are
98 approved by the City Attorney's Office.
99
100 SECTION IV
101
102 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit
103 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
104 VIRGINIA BEACH as "Grantor" and DAVID N. REDA, TRUSTEE OF THE FIRST
105 VIRGINIA LAND TRUST as "Grantee".
106
107 Adopted by the Council of the City of Virginia Beach, Virginia, on this 20thday
108 of September .2016.
APPROVED AS TO CONTENT:
pen
. 5—e
CA 13615
\\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\W pdocs\D017\P021 \00267086.doc
R-1
September 8, 2016
APPROVED AS TO LEGAL
SUFFICIENCY:
Lw-,(� q "A')
City Attorne
EXHIBIT A
1. )7r7S S FWr AWS fiwrA4AIED NN INE & WRt 0r A )7)W RLPQ97 PR0kW &Y f1RSr AW9CAN III[C ANWRANa- C6WPANr, FILE NO.
IM4N.?-17 aWA(DVrQCT MWWYA 1016! A40 DV077W Ar &00 AA/.
?. a/,f&Wf ONN07 A9? L 7Y Or NRLJW/A BEAQV TAX ASSirS'SW IS LORYWY R..A a,4 IRl1S12£ fx INE Insr ifiw,A LANG IWT.
3WRa- Or AAE.• (Li9.21.94 PC 779!)
J IVIS VA&'T AXS NOr CW)7AIIE A L1041NOARY SURkfr. PRO'ERTY LAVES N£RE ESTA&J95 D ROW RIVOW PLA 75 ANO ACOS
4. INE MfFi2T Or ANS fMfflr ISM .SCION' A P09)7 3V Or ROAD N0. 4 (WO -AV; 0 YARIA&LE k9,W RA) (A/& 7 PC 45)(#8 44 PC 44)
(AI& PC 15,rA4& 61, PC 54) 1U &E aa�w I NlF
-0*-ji� S&✓ (RUCK lf"RA!/NAL /NCORPORAIFt7,
77 A NRGIN/A CORP04AAON
VIRGINIA STA7E pLANE CO
ORDINME (08 948.E PG 1998) /
(NS N0 22006121900188 319 0 YSTEAf, \\ (INST NO.1490 841190)
APPROXiMAJE LOCATION OF ZONf.•11
r-� '06L -OF 9'' 1-
mo ils„ �/NSL /i0 20GC7719001881'1g0,
BENT P/N(F)
5794605 K' /
0.95" OF f COR
N63'59'S3"W
o� 18.83' /
S26.00'2"W
c-, / 46.49'
S&,l 7RUQY 7ERU/ A INCLWPORAYO/T N26'00'07"E
A t9RG1N/A CORPWAA97.28'0N /
(08 9489, PG 1,198) N63'55'09"W /
PARCEL %' 20.00'
(/NST. N0. 200[7119001881190) N 3491050.01
GPItV 1458-99-5871 E 12159440.94 VQ
I[➢iYE.'Il /� ' N26'00'27"E
/jam 36.40' oall N37'09'58"W �C VV Q QV
•mow �tih ` \ !� 22.41'
z PARCEL "II"
(INST. NO. 20061219001881190)
.� N 3490960.82 GPIN:1469-00-0801
BAKER
E 12159529.68 #1275ZONE Al2ROAD �\
N35'09'58"W
96.52' �\
(B) = BEFORE STREET CLOSURE
(A) = AFTER STREET CLOSURE
Parcel Table
NAME
AREA (SF)
AREA (AC)
PARCEL "II" (B)
740,723
17.005
PARCEL "II" (A)
741,552
17.024
OWN BY. WGS
SHEET: 1 OF 1
EXHIBIT SHOWING
PORTION OF ROAD NO. 4
(UNIMPROVED VARIABLE WIDTH R/W)
(MB 7, PG 45)(MB 45, PG 44)
(MB 55, PG 15)(MB 81, PG 54)
TO BE CLOSED
VIRGINIA BEACH, VIRGINIA
APRIL 15, 2016
MSA, P_C_
EmimmicntJ Seim es • PLVM* • Sinv«ing
CiNil & Environmernal Engin=ing • Lmxhcayr 3 n hi ccuuc
5033 Rouse Drive, Virginia Beach. VA 23462
757-490.9264 (Ofc) 757-490-0634 (Fax)
www.mwonlme.com
DENOTES PORTION OF ROAD NO. 4
(UNIMPROVED VARIABLE WIDTH R/W)
(MB 7, PG 45)(MB 45, PG 44)
(MB 55, PG 15)(MB 81, PG 54)
AREA = 829 SF OR 0.019 AC
OF G
JEFFREY J. VIERRETHERa
Lic. No. 2306
4-15-16
dl-
`I%,:- SUR`j4 --(
JOB# 16016
SCALE: 1"
EXHIBIT B
1. AMS SMff WS PERF WM NAI Arta BEAM r Or A Alli REPOFr NPOM M BY fP$r AA/t7 W AILS AVSWANQr aWPANY, FILE
NO IM M2-17, LYJIIY/MWI' 047£ fFL %Wy 29 MIS AND PVCAI£ AT R 00 A0
2 GY/RRW ONO? A9? a7Y 0' WAWA Li ROV TAX A-W33W IS L4NFMT R. SIL-QI, INWIfF FLl4 A1E MST MROW LANO 791S,-
MWa Or A71E.• (q9 2/A$ PC 1791)
J AMS 6W&T bMS NOT LgVSPIV E A baWARY S7AP6£Y. Pfit2W TY LAI/ES AfW £STA&IM 0 fRCW AMOWED PUTS AND OE£DS
t AW Pl1 ORr Or AMS E V&;r IS IV 9VOW A PONOV Or X' PR/YYAT ~ (MB 7 PC e) 70 B1r CYL>S1r0.
N/F
SctJ TROD( TFRM/NAL /NCORPWA7FO
A 14RGYN/A CORPO4A&W
�R�NIA STATE PLANEC (0B m8 PG 1.398
SOUTH ZONE N� COORDINATE
HNATE SySU , PARCEL'/ -,0'
NO /
, y ARN �(/NST. N0. 200612/9001881/90%
INST. 0061218
001881180) GP/N.• 1459-90-2964 /
APPROXIMATE LOCATION Or 470,VE.•11 /
EDGE OF WATER
N0,
Ac��/ fir BENT PIN(,-)
A' 57J 46 05 "1)' / t�
A�'„ WATER 0..75" OF e COR
N63'59'53"W
o 18.83'
� WATER .� �J
0-
S&,/ 7ROL7( 7FRM/NAL /NCORPORATO,, / 1819 <10F / !
A NRGYN/A CWPORAAON S26'00'27"W S 0?.... 9> /
(DB j4w, PG f798) 46.49 /A)520(01,RARaZ 7'
!
(/NST. ND. 2006121900188/190) N 3491050.01
15RN.1458--99-5821 E 12159440.94
Q '(i !
ZGIYE.II / N26'00'27"E �� h�� Q�t�ll
36.40' ill N37'09'58"W N. Q Q�
22.41
Q; p
�p� ✓off QQ
S
30
PARCEL "II"
(INST. NO. 20061219001881190)
GPIN:1469-00-0801
.� N 3490960.82 #1275 BAKER ROAD
E 12159529.68 ZONE: Al2
N35'09'58"W AREA = 740,723 SF
96.52' OR 17.005 AC
LINE TABLE
LINE #
DIRECTION
LENGTH
L1
S 6617'11" E
18.85'
L2
N 6617'11" W
18.85'
F-.-.777 DENOTES PORTION OF 20' PRIVATE ROAD
L -. J (MB 7, PG 45)
TO BE CLOSED
AREA = 377 SF OR 0.009 AC
EXHIBIT SHOWING
PORTION OF 20' PRIVATE ROAD
(MB 7, PG 45)
TO BE CLOSED
VIRGINIA BEACH, VIRGINIA
MAY 6, 2016
MSA_ P.
Env mnmenU Sciences • Planning • Swvey�nngg
Civil & Em•ironimntal Engineering • Landscape Architmlurc
5033 Rouse Drive, Virginia Beach, VA 23462
757-490-9264 (Ofc) 757-490-0634 (Fax)
s+ww.msaonlme.com
Item—VI-L.3
PLANNING
88
ITEM #66363
Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council APPROVED and
CONDITIONED, BY CONSENT, Ordinance upon application of PEMBROKE SQUARE
ASSOCIATES, LLC. Modification of Conditions re indoor recreation at 4554 Virginia Beach Boulevard
DISTRICT 4 - BAYSIDE
IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of PEMBROKE SQUARE ASSOCIATES,
LLC. Modification of Conditions re indoor recreation at 4554 Virginia
Beach Boulevard (GPIN 1477562034) DISTRICT 4 - BAYSIDE
The following condition shall be required:
All of the conditions of the Conditional Use Permit approved by City Council on March
17, 2015, shall be deleted and replaced with the conditions below:
With the exception of any modifications required by any of these conditions, the
Site shall be developed substantially in conformance with the submitted Site Plan
entitled, "UPHOFF VENTURES, UPTOWN ALLEY VA BEACH, CONCEPTUAL
PLAN, " dated May 4, 2016, and prepared by Price Studios. This Site Plan has
been exhibited to the Virginia Beach City Council and is on file in the Planning
Department.
2. With the exception of any modifications required by any of these conditions, the
facility will be constructed in substantial conformance to the submitted Floor Plan
entitled, "UPHOFF VENTURES, UPTOWNALLEY VA BEACH, FIRST FLOOR -
COLOR PLAN, " dated May 24, 2016, and prepared by Price Studios. This Floor
Plan been exhibited to the Virginia Beach City Council and is on file in the
Planning Department.
3. With the exception of any modification required by any of these conditions, the
building shall be constructed in substantial conformance with the submitted
rendering entitled, "RENDERING OF NEW MALL ENTRANCE. "
4. The hours of operation shall be limited to within the following timeframe: 11:00
A.M. to 1:00 A.M. on Monday through Thursday, 11:00 A.M. to 2:00 A.M. on
Friday 10:00 A.M. to 2:00 A.M. on Saturday and 10:00 A.M. to 1:00 A.M. on
Sunday.
5. Plans for the restaurant shall be submitted to the Virginia Beach Department of
Public Health. A Virginia Department of Health Permit to operate a restaurant is
required prior to opening.
6. The applicant shall obtain all necessary permits and inspections from the
Planning Department Permits and Inspections Division and the Fire Prevention
Bureau.
Any on-site signage for the indoor recreation facility shall meet the requirements
of the City Zoning Ordinance. A permit shall be obtained from the Planning
Department for the installation of any signage.
September 20, 2016
Item—VI-L.3
PLANNING
L-A
ITEM #66363
(Continued)
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of September,
Two Thousand Sixteen.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
September 20, 2016
1 1
I
11
11
Item—11I-L.4
PLANNING
.N
ITEM #66364
Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council APPROVED as
PROFFERED, BY CONSENT, Ordinance upon application of B.H. VINELAND Conditional Change
of Zonin from AG -2 Agricultural to Conditional R -5D Residential at 1046 and 1050 Old Dam Neck
Road and 1037 Dam Neck Road DISTRICT 7 — PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of B.H. VINELAND for a
Conditional Change of Zoning from AG -2 Agricultural to
Conditional R -5D Residential at 1046 and 1050 Old Dam Neck
Road and 1037 Dam Neck Road (GPINs 2415652006,
2415640845 and 2415652205) DISTRICT 7 — PRINCESS ANNE
The following condition shall be required:
An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court
This Ordinance shall be effective in accordance with Section 1071) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of September,
Two Thousand Sixteen.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
September 20, 2016
H
�' r �A z
OUR
In Reply Refer To Our File No. DF -9598
TO: Mark D. Stiles
„�p�
FROM: B. Kay Wilsdti�'�”
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: September 9, 2016
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; BH Vineland, LLC
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on September 20, 2016. 1 have reviewed the subject proffer agreement, dated
May 28, 2016 and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ka
Enclosure
cc: Nancy Bloom
BH VINELAND, L.L.C., a California limited liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 28th day of May, 2016, by and between BH
VINELAND, L.L.C., a California limited liability company, Grantor; and THE CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of those three (3) parcels of property located in
the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately
112,376 square feet, which are more particularly described in Exhibit "A" attached hereto
and incorporated herein by this reference, said parcels are hereinafter referred to as the
"Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of
the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the
Zoning Classifications of the Property from AG -2 Agricultural District to Conditional R-51)
Residential District; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior
to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map, in addition to the regulations provided for the R-51) Zoning District by the
existing overall Zoning Ordinance, the following reasonable conditions related to the
physical development, operation, and use of the Property to be adopted as a part of said
amendment to the Zoning Map relative and applicable to the Property, which has a
reasonable relation to the rezoning and the need for which is generated by the rezoning.
GPIN: 2415-64-0845
2415-65-2oo6
2415-65-2205
Prepared By: R. Edward Bourdon, Jr., Esquire
VSB #2216o
Sykes, Bourdon, Ahern & Levy, P.C.
281 Independence Blvd.
Pembroke One, Fifth Floor
Virginia Beach, Virginia 23462
NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body and without any element
of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby make the following declaration of conditions and restrictions
which shall restrict and govern the physical development, operation, and use of the Property
and hereby covenant and agree that this declaration shall constitute covenants running with
the Property, which shall be binding upon the Property and upon all parties and persons
claiming under or through the Grantors, their successors, personal representatives, assigns,
grantee, and other successors in interest or title and which will not be required of the
Grantors until the Property is developed:
1. When development takes place upon the Property, it shall be as a single
family residential community of no more than eleven (11) building lots substantially in
conformance with the Exhibit entitled "CONCEPTUAL SITE LAYOUT PLAN OF OLD DAM
NECK HOMES OLD DAM NECK ROAD VIRGINIA BEACH, VIRGINIA", dated 05/28/16,
prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is
on file with the Virginia Beach Department of Planning ("Subdivision Plan").
2. When the Property is developed, the residential dwellings constructed will
have architectural features, exterior building materials and appearance of like quality and
character to the homes depicted on the twenty (20) photographs and elevations contained
in the exhibit entitled "Home Quality Exhibit/Old Dam Neck Homes", dated May 27, 2016,
which has been exhibited to the Virginia Beach City Council and are on file with the Virginia
Beach Department of Planning ("Pictorial Menu").
3. When the Property is developed, the eleven (11) lots shall be subject to a
recorded Declaration creating a mandatory membership Homeowners' Association which
shall be responsible for maintaining grassed and landscaped areas owned by the
Association.
4. Further conditions may be required by the Grantee during Subdivision review
and administration of applicable City codes by all cognizant City agencies and departments
to meet all applicable City code requirements. Any references hereinabove to the R-51)
Zoning District and to the requirements and regulations applicable thereto refer to the
Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in
2
force as of the date of approval of this Agreement by City Council, which are by this
reference incorporated herein.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part
of a comprehensive implementation of a new or substantially revised Zoning Ordinance
until specifically repealed. The conditions, however, may be repealed, amended, or varied
by written instrument recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by the
Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted
by the governing body of the Grantee, after a public hearing before the Grantee which was
advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as
amended. Said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so recorded, said instrument shall be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied; and (b) to bring legal action or suit to insure compliance with such
conditions, including mandatory or prohibitory injunction, abatement, damages, or other
appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantor shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
3
conditions may be made readily available and accessible for public inspection in the office of
the Zoning Administrator and in the Planning Department, and they shall be recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in
the names of the Grantor and the Grantee.
0
WITNESS the following signature and seal:
Grantor:
BH Vineland, L.L.C., a California limited liability
company
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness;
accuracy, or validity of that document.
State of California
County of Los Angeles
On May 31, 2016 before me, Nicole Stanton, Notary Public, personally appeared Daniel
Gryczman, who proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the instrument
the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signature
5
EAL)
M
N
2145083
California Z
Los Angeles County
(Seal) M Comm. Ex ares Apr 8, 2020
EXHIBIT "A"
PARCEL ONE:
ALL THAT certain tract of land, with the buildings and improvements thereon, situate in
the City of Virginia Beach, Virginia, designated on the plat entitled "Survey of Property for
H.R. Marcum, Seaboard Magisterial District, Princess Anne County, Virginia (Located near
Dam Neck)" made by Frank D. Tarrall, Jr. & Associates, dated January 23, 1959, and duly
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia with
a Deed of Trust recorded in Deed Book 575, at Page 382, as a tract containing 0.540 acres
and more particularly bounded and described as follows:
Beginning at a point described as "Old Pin" located at the intersection of the northern side
of Route 630 (Old Road to Dam Neck Coast Guard Station) and the dividing line between
the property now or formerly owned by Wilkerson and the property herein described;
thence North 3o degrees 02' 41" East, 168.32 feet to a point designated as old pin; thence
South 6o degrees 40' 30" East, 146.07 feet to a pin; thence South 41 degrees 40' West,
206.47 feet to a pin in the northern side of Route 630, thence along the northern side of
Route 630, North 42 degrees 53' West, 109.28 feet to the point of beginning.
GPIN: 2415-64-0845
PARCEL TWO:
ALL THAT certain tract, piece or parcel of land together with the buildings and
improvements thereon, ling, situate and being in Virginia Beach, Virginia, and described as
1.7 Acres on that certain plat entitled, "Property of J.D. Pelot located in Dam Neck, Princess
Anne County, Virginia", Scale 1" = too'; dated August 22, 1956, made by W. B. Gallup,
County Surveyor, and recorded in the Clerk's Office of the Circuit Court, of the City of
Virginia Beach, Virginia in Map Book 42, Page 31, reference to which plat as hereby made
for a more particular description of said property.
LESS AND EXCEPT that property removed by Deed recorded in the Clerk's Office aforesaid
in Deed Book 2238, at Pate 175.
GPIN: 2415-65-2006
PARCEL THREE:
ALL THAT certain tract, piece or parcel of land, together with the buildings and
improvements thereon, lying, being and situate in the City of Virginia Beach, (formerly
County of Princess Anne), State of Virginia, known, numbered and designated as Lot "8" on
the plat entitled "Physical Survey, Lot #8, J.D. Pelot Tract Dam Neck -Princess Anne County,
Virginia", Scale 1" = 50', which plat is duly recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, (formerly Princess Anne County), Virginia, in Map Book 27, at
Page 39•
3
LESS AND EXCEPT that property removed by Highway Take recorded in the Clerk's Office
aforesaid in Deed Book 2812 at Page 359•
GPIN: 2415-65-2205
H:\AM\Conditional Rezoning\BH Vineland\ProfferAgreement.doc
7
Item—VI-L.5
PLANNING
0
ITEM #66365
Upon motion by Councilman Uhrin, seconded by Councilman Moss, City Council APPROVED and
CONDITIONED, BY CONSENT, Ordinance upon application of BRYANA GUCKIN Conditional Use
Permit re home occupation for Internet sales at 1225 Orkney Drive DISTRICT 2 — KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of BRYANA GUCKIN Conditional Use
Permit re home occupation for Internet sales at 1225 Orkney Drive
(GPIN 14 76003102) DISTRICT 2 — KEMPSVILLE
The following conditions shall be required:
Per Section 234 of the City Zoning Ordinance, there shall be no more than one (1)
sign identifying the home occupation. Said sign shall be no more than one (1)
square foot in area, shall not be internally illuminated, and shall be mounted flat
against the wall of the residence.
2. Per Section 234 of the City Zoning Ordinance, no more than 20 percent (20%) of
the floor area of the dwelling unit and any accessory structures shall be used for
storage of the inventory or in the conduction of the business.
3. The use shall not create noise, dust, vibration, smell, smoke, glare, electrical
interference, fire hazard or any other hazard or nuisance to any greater or more
frequent extent than would normally be expected in the neighborhood under
normal circumstances wherein no home occupation exists.
4. Deliveries and shipments related to the home occupation shall be limited to only
those that do not require the use of a tractor -trailer.
5. The home occupation shall be conducted on the premises, which is the bona fide
residence of the applicant.
6. There shall be no sales to the general public of products or merchandise from the
home.
7. No more than one person, other than a member of the immediate family occupying
the home, shall be employed and working out of the home.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of September,
Two Thousand Sixteen.
September 20, 2016
Item—VI-L.5
PLANNING
Voting: 11-0
Council Members Voting Aye:
92
ITEM #66365
(Continued)
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
September 20, 2016
40
IL
Item—VI-L.6
PLANNING
93
ITEM #66366
Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council APPROVED and
CONDITIONED, BY CONSENT, Ordinance upon application of RALPH J NAHRA /RALPH J. AND
DEBBIE M. NAHRA, Conditional Use Permits re motor vehicle sales, rentals and auto repair at 1017
Aragona Boulevard DISTRICT 4 — BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of RALPH J. NAHRA /RALPH J.
AND DEBBIE M. NAHRA, Conditional Use Permits re motor
vehicle sales, rentals and auto repair at 1017 Aragona
Boulevard (GPIN 14 78049650) DISTRICT 4 — BAYSIDE
The following conditions shall be required:
When the property is redeveloped, it shall be in substantial conformance with
the submitted exhibit entitled, "Concept Plan For Auto Sales & Service ",
prepared by Massey Engineering, PC, dated July 28, 2016, which has been
exhibited to the Virginia Beach City Council and is on file in the Department of
Planning and Community Development, which the exception that a minimum of
two (2) feet of the existing pavement on the property along the Haygood Road
be removed and replaced with plant material as described in the conditions
below.
2. The building shall be updated as depicted on the submitted elevation entitled,
"As Built Elevations for Trucks R Us, " prepared by GMF + Architects, which
has been exhibited to the Virginia Beach City Council and is on file in the
Department of Planning and Community Development.
3. The repair portion of the business shall be limited to the purpose of performing
only minor repairs to vehicles that the sales operation on this property will be
offering for sale to the public.
4. All auto repairs shall take place inside the building and shall be limited to a
one -car garage.
5. No vehicle in a state of obvious disrepair shall be permitted on the property.
6. No outside storage of equipment, parts or materials shall be permitted.
All junk, debris and other discarded items must be removed from the site.
8. The existing non -conforming sign shall be removed prior to obtaining a
Certificate of Occupancy from the Building Official's Office. Any freestanding
sign shall be monument style, with a brick base, limited in height to eight (8)
feet and shall be externally lit. The design of the sign shall be submitted to the
Planning Director and shall be subject to the Director's approval, prior to the
issuance of a Sign Permit.
September 20, 2016
Item—VI-L.6
PLANNING
94
ITEM #66366
(Continued)
9. There shall be no neon or electronic display signs or accents installed on any
wall area of the exterior of the building, in or on the windows or on the doors.
No window signage shall be permitted. 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. A separate Sign Permit shall be
obtained from the Planning Department for the installation of any signage.
10. There shall be no signs which contain or consist of pennants, ribbons,
streamers, spinners, strings of light bulbs or other similar moving devices on the
site or on the vehicles. There shall be no signs which are painted, pasted or
attached to the windows, utility poles, trees, or fences or in an unauthorized
manner to walls or other signs. There shall be no portable or nonstructural
signs or electronic display signs on the site.
11. Any on-site signage for the automobile sales operation shall meet the
requirements of the City Zoning Ordinance, and in no case shall be larger than
as depicted on the submitted elevation referenced in Condition 2 above. No
signs shall be installed on the sides or the Southern fagade of the building.
12. The parking lot shall be re -striped to reflect all parking spaces required by the
City Zoning Ordinance, including handicap spaces in accordance with the
Americans with Disabilities Act (ADA).
13. The existing chain link fence on the property shall be removed and replaced
with a solid fence, minimum height of six (6) feet, as depicted on the Exhibit
referenced in Condition I above and shall be maintained at all times. In the
event that said fence falls into disrepair, it shall be replaced immediately.
14. The required dumpster screening shall be installed so as to aid in updating the
aesthetics of the site.
15. The existing Northern ingress/egress along Aragona Boulevard, closest to the
intersection of Haygood Road and Aragona Boulevard, shall be removed as
depicted on the Exhibit referenced in Condition 1 above.
16. Streetscape plantings, along both Haygood Road and Aragona Boulevard, shall
be depicted on the Plan submitted to the Planning Department and ultimately be
installed with species and location subject to the approval of the City of Virginia
Beach Landscape Management and the Development Services Center's
Landscape Architect.
17. All outdoor lighting shall be shielded to direct light and glare onto the
premises; said lighting and glare shall be deflected, shaded and focused away
from adjoining property. Any outdoor lighting fixtures shall not be erected any
higher than fourteen (14) feet.
18. No outside paging or amplified music system shall be permitted
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of September,
Two Thousand Sixteen.
September 20, 2016
Item—VI-L.6
PLANNING
Voting: 10-0
Council Members Voting Aye:
95
ITEM #66366
(Continued)
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Abstaining:
Shannon DS Kane
Council Members Absent:
None
September 20, 2016
0
13"
LJ
SHANNON DS KANE
COUNCIL LADY - DISTRICT 3 - ROSE HALL
In Reply Refer to 0058909
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
City of Virginia Beach
September 20, 2016
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Dear Mrs. Fraser:
VBgov.cOCY1
PHONE: (757) 802-3236
FAX: (757)385-5669
skane@vbgov.com
Pursuant to the State and Local Government Conflict of Interests Act, I make the
following declaration:
1. I am executing this written disclosure regarding City Council's discussion and
vote on the application of Ralph J. & Debbie Nahra for a conditional use permit
for property they own at 1017 Aragona Boulevard.
2. The applicants are close family friends, and I have chosen to abstain from voting
on this matter.
Please record this declaration in the official records of City Council. Thank you for your
assistance.
SDSK/RRI
Sincerely,
— DJ-X�
Shannon D.S. Kane
Councilmember
2401 COURTHOUSE DRIVE, SUITE 281, VIRGINIA BEACH, VA 23452
Item—VI-L.7a
PLANNING
91
ITEM #66367
Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council APPROVED and
CONDITIONED, BY CONSENT, Ordinance upon application of WAL MART STORES, INC., /LAKE
GEM II, LLC AND WAL-MART REAL ESTATE BUSINESS ETC. Conditional Use Permits re bulk
storage:
a. 1149 and 1169 Nimmo Parkway
DISTRICT 7 — PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of WAL-MART STORES, INC.,
3216 /LAKE GEM II, LLC AND WAL-MART REAL ESTATE
BUSINESS ETC. Conditional Use Permits re bulk storage:
a. 1149 and 1169 Nimmo Parkway (GPINs 2414261130 and 2414256765)
DISTRICT 7 — PRINCESS ANNE
The following conditions shall be required:
The location of the bulk storage area for the storage containers shall be limited
to the area depicted on the proposed Site Layout on Page Five (5) of this report,
which has been exhibited to the Virginia Beach City Council and is on file in the
Department of Planning and Community Development, subject to all applicable
building and Fire Codes.
2. The storage containers shall not be stacked.
3. The storage containers shall not be placed within any easements.
4. Unless otherwise authorized by the Building Official's Office and the Fire
Prevention Bureau, the storage containers shall be located as to maintain a
twenty (20) foot wide access way for vehicular traffic flow, emergency access to
the building and HVAC equipment.
5. No hazardous materials shall be stored within the storage containers.
6. Prior to use of the site for the storage, the applicant shall submit a Plan to the
Planning Department and the Fire Prevention Bureau showing the location of
the storage containers for review and approval.
7. The number of storage containers on the site shall not exceed twenty (20) and
said containers shall only be permitted on the site September I5'h through
January 15th.
8. This Conditional Use Permit for Bulk Storage for up to twenty (20) storage
containers shall expire two (2) years from the date of City Council's approval.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of September,
Two Thousand Sixteen.
September 20, 2016
Item—VI-L.7a
PLANNING
Voting: 8-3
Council Members Voting Aye:
97
ITEM #66367
(Continued)
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley,
Shannon DS Kane, Amelia N. Ross -Hammond, Mayor William D.
Sessoms, Jr., John E. Uhrin and Rosemary Wilson
Council Members Voting Nay:
Vice Mayor Louis R. Jones
John D. Moss
James L. Wood
Council Members Absent:
None
September 20, 2016
v{ r
�N
m
04
m
rP, Aft
i ''*
m
m
r
4 I � '•,n/ r � �l
N
�t
Item—VI-L.7b
PLANNING
M
ITEM #66368
Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council APPROVED and
CONDITIONED, BY CONSENT, Ordinance upon application of WAL-MART STORES, INC.,/LAKE
GEM II, LLC AND WAL-MART REAL ESTATE BUSINESS ETC. Conditional Use Permits re bulk
storage:
b. 2021 Lynnhaven Parkway
DISTRICT 3 — ROSE HALL
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of WAL MART STORES, INC., /
LAKE GEM II, LLC AND WAL-MART REAL ESTATE
BUSINESS ETC. Conditional Use Permits re bulk storage:
b. 2021 Lynnhaven Parkway (GPIN 1475970297)
DISTRICT 3 — ROSE HALL
The following conditions shall be required:
The location of the bulk storage area for the storage containers shall be limited
to the area depicted on the proposed Site Layout on Page Five of this report,
which has been exhibited to the Virginia Beach City Council and is on file in
the Department of Planning and Community Development, subject to all
applicable building and Fire Codes.
2. The storage containers shall not be stacked.
3. The storage containers shall not be placed within any easements.
4. Unless otherwise authorized by the Building Official's Office and the Fire
Prevention Bureau, the storage containers shall be located as to maintain a
twenty (20) foot wide access way for vehicular traffic flow, emergency access
to the building and HVAC equipment.
5. No hazardous materials shall be stored within the storage containers.
6. Prior to use of the site for the storage, the applicant shall submit a Plan to the
Planning Department and the Fire Prevention Bureau showing the location of
the storage containers for review and approval.
The number of storage containers on the site shall not exceed 20 and shall only
be permitted on the site from September 15'4 to January 15`"
8. This Conditional Use Permit is only valid for two (2) years from the date of its
approval by the City Council.
This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of September,
Two Thousand Sixteen.
September 20, 2016
Item—VI-L.7b
PLANNING
Voting: 8-3
Council Members Voting Aye:
ITEM #66368
(Continued)
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley,
Shannon DS Kane, Amelia N. Ross -Hammond, Mayor William D.
Sessoms, Jr., John E. Uhrin and Rosemary Wilson
Council Members Voting Nay:
Vice Mayor Louis R. Jones
John D. Moss
James L. Wood
Council Members Absent:
None
September 20, 2016
f
a
k4ot, - M.
Pnis
-I- Vb
I
-4
Item—VI-L.7c
PLANNING
100
ITEM #66369
Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council APPROVED and
CONDITIONED, BY CONSENT, Ordinance upon application of WAL-MART STORES, INC., /LAKE
GEM II, LLC AND WAL-MART REAL ESTATE BUSINESS ETC. Conditional Use Permits re bulk
storage:
c. 2657 Phoenix Drive
DISTRICT 6 — BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of WAL-MART STORES, INC., /
LAKE GEM II, LLC AND WAL MART REAL ESTATE
BUSINESS ETC. Conditional Use Permits re bulk storage:
c. 657 Phoenix Drive (GPIN 1496387496)
DISTRICT 6 — BEACH
The following conditions shall be required:
The location of the bulk storage area for the storage containers shall be limited
to the area depicted on the proposed Site Layout, which has been exhibited to
the Virginia Beach City Council and is on file in the Department of Planning
and Community Development, subject to all applicable building and Fire
Codes.
2. The storage containers shall not be stacked.
3. The storage containers shall not be placed within any easements.
4. Unless otherwise authorized by the Building Official's Office and the Fire
Marshall, the location of the storage containers shall be so as to maintain a 20-
foot wide access way for vehicular traffic flow and emergency access to the
building and HVAC equipment.
5. No hazardous materials shall be stored within the storage containers.
6. Prior to use of the site for the storage, the applicant shall submit a Plan to the
Planning Department and the Fire Prevention Bureau showing the location of
the storage containers for review and approval.
7. The number of storage containers on the site shall not exceed ten (10) and said
containers shall only be permitted on the site September 15`" through January
15`h.
8. This Conditional Use Permit for Bulk Storage for up to ten (10) storage
containers shall expire two (2) years from the date of City Council's approval.
9. The existing plant material along the Northern and Western property lines
remain and shall be properly maintained so as to provide a continuous screen to
the Bulk Storage Yard.
September 20, 2016
Item—1/7-L. 7c
PLANNING
101
ITEM #66369
(Continued)
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 Twentieth day of September,
Two Thousand Sixteen.
Voting: 8-3
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley,
Shannon DS Kane, Amelia N. Ross -Hammond, Mayor William D.
Sessoms, Jr., John E. Uhrin and Rosemary Wilson
Council Members Voting Nay:
Vice Mayor Louis R. Jones
John D. Moss
James L. Wood
Council Members Absent:
None
September 20, 2016
=1
-JO
i
J —
c:m
moi\
77
I
IL
t��
E=
N
y
1:1
J
13
V
in
102
Item—VI-L.8
PLANNING ITEM #66370
Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council APROVED, BY
CONSENT, Ordinance upon application of CITY OF VIRGINIA BEACH Ordinance to AMEND
Section 4.1 and ADD Section 1.115 of the Site Plan Ordinance, pertaining to the "Lowest Floor and Plan
Notes " re the Floodplain
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
September 20, 2016
1 AN ORDINANCE TO AMEND SECTION 4.1
2 AND TO ADD SECTION 1.115 OF THE SITE
3 PLAN ORDINANCE, PERTAINING TO THE
4 LOWEST FLOOR AND PLAN NOTES IN
5 REGARD TO THE FLOODPLAIN
6
7 Section Added: Site Plan Ordinance § 1.115
8 Section Amended: Site Plan Ordinance § 4.1
9
10 WHEREAS, the public necessity, convenience, general welfare and good zoning
11 practice so require;
12
13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA:
15
16 That Section 4.1 is hereby amended and Section 1.115 is hereby added to the
17 Site Plan Ordinance reordained, to read as follows:
18
19 Sec. 1. Definitions.
20
21 ....
22
23 1.11. Landscape design. The planned treatment of land, structures and flora
24 complementing building construction or land development.
25
26 1.115 Lowest floor. The lowest floor of the lowest enclosed area (including basement).
27 An unfinished or flood -resistant enclosure, usable solely for parking of vehicles,
28 building access, or storage in an area other than a basement area is not
29 considered a building's lowest floor, provided that such enclosure is not built so
30 as to render the structure in violation of the applicable non -elevation design
31 requirements of 44CFR � 60.3.
32
33 1.12. Parcel. A piece, parcel, lot, tract or site or other dimension of land.
34
35 ....
36
37 COMMENT
38
39 The addition of "lowest floor" will bring the Site Plan Ordinance into conformity with the
40 Floodplain Ordinance requirements allowing garages and other enclosures used for parking,
41 building access or storage to be constructed below the two (2) foot freeboard requirement with
42 proper venting and materials
43
44 Sec. 4. Information required on site development plan.
45
46 4.1. A site plan, prepared, stamped and endorsed by a registered engineer, surveyor
47 or other persons duly licensed by the Commonwealth of Virginia to practice as such,
48 shall be submitted with every application for approval. A sufficient number of copies of
49 the site plan shall be submitted, as the planning director shall require and shall contain
50 the following information:
51
52
53
54 B
55
56
57
Existing and required site features and improvements:
4. The topographic survey, showing the elevation of streets, alleys, buildings,
structures, water courses and their names. The topography shall be shown by
adequate spot elevations. The finished grade for the entire site shall be shown
and the proposed lowest floor elevation of all buildings (eXGePt f^r detached
year flood elevation) shall be a minimum of meet two (2) feet above the
elevation of (a) the flood water of record of [or] (b) the intermediate flood level
as determined by the U.S. Army Corps of Engineers or (c) the flood level as
deter�ed-by the depaFtment of ^„hl;^ ,.,^rl, shown on the Flood Insurance
Rate Maps, whichever is greater. All elevations shall be referenced to North
American Vertical Datum (NAVD) of 1988. All horizontal dimensions shown on
the site development plan shall be in feet and decimals of a foot. All bearings in
degrees, minutes and seconds. Additionally, on all residential site plans single-
family, two-family, duplex and townhouses, the following information must be
provided:
a. The following statements and information shall appear on the site plan:
(1) "The lot grading on this plan is in accordance with the latest subdivision
construction plan submitted to and approved by the director of planning
or his designee on (indicate date of approval)."
(2) "The lowest floor elevation shown is one deet two feet above the base
flood elevation as adopted by the City of Virginia Beach." (EXG ^ton
dotaGhedresidentialgarages and storage areas shall be Innoted a nr
abeve the base flood elevatien.)
(3) The elevation of the curb (if existing or proposed) in front of each lot
shall be indicated.
(4) Elevations of the top of bank and toe of slope and limits of fill necessary
to construct the dwelling unit, including access, shall be indicated.
2
87 (5) "The proposed residential dwelling structure is not located in a special
88 flood hazard area as determined €rem by the National Flood Hazard
89 Insurance Program Flood Insurance Rate Map (FIRM) Community -
90 Panel No. ;#rule; dated " for any residential lot located
91 wholly or partially within the floodplains subject to special restrictions of
92 section 4.10 of the Floodplain Ordinance (Appendix K) and recorded
93 after the effective date of this ordinance ([October 23, 2001]).
94 (6) "ALL OR A PORTION OF THIS SITE IS LOCATED IN A SPECIAL
95 FLOOD HAZARD AREA, AS DETERMINED FROM BY THE
96 NATIONAL FLOOD INSURANCE PROGRAM FLOOD INSURANCE
97 RATE MAP (FIRM) COMMUNITY -PANEL NO. DATED
98 / / ," for any land located in
99 the Special Flood Hazard Area, as shown on the most recently City
100 Council adopted Flood Insurance Rate Map (FIRM) prepared by the
101 United States Federal Emergency Management Agency.
102
103
104 COMMENT
105
106 The amendments to the site plan notes bring them into compliance with the Floodplain
107 Ordinance requirements, which use the FIRMs to determine flood zone and base flood elevation,
108 require two (2) feet of freeboard for all new structures and substantial improvements to existing
109 structures and allow garages and other enclosures used for parking, building access or storage to be
110 constructed below the two (2) foot freeboard requirement with proper venting and materials.
111
112 ....
Adopted by the Council of the City of Virginia Beach, Virginia, on the 20thday
of September 2016.
APPROVED AS TO CONTENT
CA13128
R-4
July 18, 2016
APPROVED AS TO LEGAL SUFFICIENCY:
epartmen
O/W/
City Attorney's Office
G]
103
ITEM VI -M
APPOINTMENTS ITEM #66371
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
AGRICULTURAL ADVISORY COMMISSION
CLEAN COMMUNITY COMMISSION
HISTORIC REVIEW BOARD
HUMAN RIGHTS COMMISSION
PERSONNEL BOARD
TOWING ADVISORY BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBCDC
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
September 20, 2016
104
Item -VI-P
ADJOURNMENT ITEM #66372
Mayor William D. Sessoms, Jr., DECLARED the City Council ADJOURNED at 6:33 P.M.
Amanda Finley -Barnes, MMC
Chief Deputy City Clerk
Ru Hodges F ser, MMC
ity Clerk
City of Virginia Beach
Virginia
William D. Sessoms, Jr.
Mayor
September 20, 2016