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FEBRUARY 9 2010 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SF,SSOMS, JR., At-large VlCF,' MAYOR l.Ol'/S R. JONF,:S, Baycide -District a GLENN R. DAV/S, Roce Hal! -District 3 Wl/.IJAM R. DeSl'IsPH, At-large HARRY F,. DlE7.F.L, Kempsville - Distric! 2 KOBF.RT M. DYER. Centerville - Dirtricl l BARBARA M. HFN/,F.Y, Princess Anne - District 7 JOHN L'. UHR/N, Beach -District 6 ROSEMARY WILSON, AI-Large JAMES L. WOOD, lynnhaven -District S CITY COUNCIL APPOINTEES CITY MANAGER -JAMES K. SPORE C/TYATTORNEY MARK D. STILES ('/TY ASSESSOR - JERALD BANAGAN ('/TY AUD/TOR - LYNDON S. REM/AS CITY Cl.E'RK -RUTH HODGb'S FRASF,R, MMC CITY COUNCIL AGENDA 9 February 2010 I. CITY COUNCIL BRIEFING: -Conference Room - A. HAMPTON ROADS TRANSIT -Federal Grant and Right-of--Way Acquisition Philip Shucet, Interim President/CEO, HRT B. STATE BUDGET ISSUES Dr. James Merrill, School Superintendent 2:30 PM II. CITY MANAGER'S BRIEFINGS: -Conference Room- 3:10 PM A. PRINCESS ANNE COUNTY TRAINING SCHOOL/Union Kempsville High School Museum Mark Reed, Historical Resources Coordinator, Museums and Cultural Arts B. 2009 CRIME STATISTICS Chief A.M. Jacocks, Police C. CITY CODE SECTION 23-50 -Enforcement re Hazardous Trees/Overgrown Grass Andrew Friedman, Director, Housing and Neighborhood Preservation III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION -Conference Room - 4:30 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGIN/A BEACH, VIRGIN/A 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MA/L: Crycncl@vbgov.com C. RECESS TO CLOSED SESSION VII. FORMAL SESSION AGENDA -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Rod Puckett Senior Pastor -Avalon Hills Bible Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS January 26, 2010 2. SPECIAL FORMAL SESSION February 2, 2010 G. FORMAL SESSION AGENDA H. PUBLIC HEARINGS 1. CONVEYANCE OF EXCESS PROPERTY Arctic Avenue near 29`h Street 2. ELECTION POLLING LOCATION CHANGE Windsor Oaks Precinct I. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. § 10-1 re changing the Polling location of Windsor Oaks Precinct to Windsor Oaks Elementary School b. § 23-46.2 re release of any hazardous substance 2. Ordinance to CONFIRM Declaration of a Local Emergency issued by the City Manager due to the threats posed by the January 2010 winter storm event. 3. Resolution to EXECUTE a Memorandum of Agreement between the City and the School Board re the Princess Anne County Training School Museum 4. Ordinance DECLARING City property on Arctic Avenue to be EXCESS and AUTHORIZING the City Manager to execute documents to convey same to the Hampton Roads Sanitation District (HRSD) 5. Resolution REQUESTING the Governor to activate all available emergency and relief resources for the benefit of homeowners impacted by "Chinese Drywall" 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned right- of-way for STEVEN G. ROSE to construct and maintain a pier, bulkhead and boat ramp into Pike Inlet at 325 Teal Crescent (DISTRICT 7 -PRINCESS ANNE) 7. Ordinances to ACCEPT and APPROPRIATE: a. $115,079 in excess Four-for-Life program funds from the Virginia Department of Health, Office of Emergency Medical Services re qualifying training and equipment for the Department of Emergency Medical Services (EMS) b. $997,400 from the Fire Programs Special Revenue Fund as a substitute funding source for State Fire Program revenues in various Fire Grants in the Grants Consolidated Fund and $173,200 for the Fire Training Center improvements -Phase III as a financial housekeeping measure $162,482 from the Virginia Department of Fire Programs to Fire Training Center Improvements -Phase III d. $1,500,000 from U.S. Department of Homeland Security to cover expenses in conjunction with deployment of FEMA VA-TF 2 Urban Search and Rescue Team to Haiti K. PLANNING Application of MARK W. and LAUREL N. LLOBELL for a Nonconforming Structure to replace a detached garage apartment at 112 69th Street DISTRICT 5 - LYNNHAVEN DISTRICT RECOMMENDATION APPROVAL 2. Application of LAURIE RICHARDS -GREEN PARROT GRILLE/KAY BURTON for Expansion of a Nonconforming Structure to allow outdoor patio dining at 4494 Lookout Road. DISTRICT 4 - BAYSIDE DISTRICT RECOMMENDATION DENIAL Application of BRUCE and VIRGINIA RADER for Expansion of a Nonconforming Structure to allow an addition at 307 55TH Street DISTRICT 5 - LYNNHAVEN DISTRICT RECOMMENDATION APPROVAL 4. Application of THE REBKEE COMPANY/JONES REAL ESTATE INVESTMENT COMPANY, LLC for Modification of Proffers (previously approved by City Council on September 8, 2009) for a change in the building site layout at 2236-2240 General Booth Boulevard DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPLICANT REQUESTS DEFERRAL TO 2/23/10 5. Applications of REED ENTERPRISES re an auto repair shop at Princess Anne Road and South Plaza Trail: DISTRICT 2 - KEMPSVILLE a. Modification of Proffers and adding conditions (previously approved by City Council on February 23, 1999) b. Conditional Use Permit RECOMMENDATION APPROVAL 6. Applications of BONNEY G. BRIGHT at Princess Anne and Pocahontas Club Roads: DISTRICT 7 -PRINCESS ANNE a. Closure of an unimproved southernmost portion of Pocahontas Club Road b. Conditional Use Permit to expand excavation at an existing borrow pit RECOMMENDATION APPROVAL 7. Application of TUEE KNOW HIM NEW BIRTH FULL GOSPEL MINISTRIES/J.G. HORTON & SON CONSTRUCTION for a Conditional Use Permit re a church at 5109- 5111 Witchduck Court DISTRICT 4 - BAYSIDE DISTRICT RECOMMENDATION APPROVAL 8. Application of JC'S PLACED. E. BONNEY for a Conditional Use Permit re an indoor Christian based Teen Club at 596 Princess Anne Road DISTRICT 7 -PRINCESS ANNE 9. Applications of CITY OF VIRGINIA BEACH re the City Zoning Ordinance (CZO): a. AMEND § 111 re definition of adult bookstores b. AMEND § 111 and §401 and ADD §209.1 re "Farm Winery" regulations c. AMEND § 111 and ADD §217 re requirements for monument and electronic display signs L. APPOINTMENTS HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION THE PLANNING COUNCIL VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ~'c*9c~~'c~~'c~'c~'c~'c*~~~c~'c~~'c~~'c~~'c~c~'c~'c~c~'c~'c~'c~~'c~'c~'c~'c PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ******* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ~*~*~*~*x** Agenda 2/9/lost www.vbeov.com -1- MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 9, 2010 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL'S BRIEFING: re HAMPTON ROADS TRANSIT in the City Council Conference Room, Tuesday, February 9, 2010, at 2: 30 P.M. Council Members Present: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None Delegate-Elect Ron A. Villanueva submitted his resignation to City Council effective December 31, 2009, having been certified as the City's newest Delegate-Elect to the Virginia General Assembly. February 9, 2010 -2- CITY COUNCIL BRIEFINGS HAMPTON ROADS TRANSIT 2:30 P.M. ITEM # 59609 Vii°ginia Beach Transit Extension Study is comprised of an Alternative Analysis/Supplemental Draft Environmental Impact Statement (AA/SDEIS). Philip A. Shucet, President and Chief Executive Officer - Hampton Roads Transit, provided information relative the Virginia Beach Transit Extension Study. Agenda ^ Project Overview and Process ^ Virginia Beach Transit Extension Study (VBTES) Project Status ^ Project Schedule and Key Milestones ^ Project Study Costs and Funding Strategy ^ Requested Council Action Project Overview ^ Virginia General Assembly passed House Bill 6028 directing HRT to study expansion of The Tide: July 2008 ^ The Virginia Beach Transit Extension Study (VBTES) Planning and Environmental Analysis Alternative Analysis/Supplemental Draft Environmental Impact Statement (AA/SDEIS) initiated May 2009 ~, . , 11~ .~. ~. .. ,.~, . N 1 .., .~. ~ ~'' V`iirmieRc86h d, e* R~# _ ~ ~~~~ '~ ~ ~ ~ ~. OCMM 1NN AL 4x{pn ~.. ~ , ~M/J CrD ' `~ - vw.w.wn ~ ~~ o~ie. ` ~ ~ IY..I NIVN Rwnxlpn 'Jl("A ~ w.r. YN~ Gn1w,aM(r The `yellow band "depicted is a `fairly straight shot "until the Oceanfront area where the study area "widens out a bit "for the purposes of analyzing the connection. February 9, 2010 -3- CITY COUNCIL BRIEFINGS HAMPTON ROADS TRANSIT ITEM # 59609 (Continued) Hampton Roads Transit is required, in this process, to follow the National Environmental Policy Act, to perform and receive the environmental clearances and record decisions that are necessary for the project. However, with the Federal Transit Administration, unlike the Federal Highway Administration, HRT must also comply with their New Starts process. Without the New Starts process and approval, HRT would not be eligible for any Federal funds. Those two studies are performed concurrently with a robust public involvement process and the Transportation Planning Organization (TPO). Project Overview and Process Following Federal Transit Administration (FTA) New Starts Process Primary Study Tasks: ^ Alternatives Analysis (AA): ^ Evaluate alternatives for proposed transit extension ^ Light Rail Transit (LRT) and Bus Rapid Transit (BRT) on Norfolk Southern right-of-way ^ Alignment alternatives East of Birdneck Rd ^ Supplemental Draft Environmental Impact Statement (SDEIS) ^ Examine impacts of alternatives ^ Selection of a Locally Preferred Alternative (LPA) ^ Adoption of LPA in the Hampton Roads Transportation Planning Organization's (HRTPO) Regional Long-Range Transportation Plan ^ Request for Federal funding through the FTA "New Starts" process ^ Public and Stakeholder involvement Mr. Shucet advised HRT is fortunate to utilize the Supplemental Environmental Impact Statement and not need to commence with a totally new Draft Environmental Impact Statement which would certainly cost more. The New Starts program is a discretionary Grant program from the Federal Government. `Alternatives Analysis! Supplemental Draft Environmental ., .~ ~_ ,""Select Locally`, ~ ~ _ ~.,~~t-'.'~"~. referred Atternativ Preliminary Engineering Flnai EIS " FTA New Starts P roj eet Record Of Decision Development FinaF-Reslgn utlFundin *FTA action/approval Grant Agreement FFGA required to enter next phase ~onstructlon of project. i Operation kMa+vtr.n kMr~wSrcdMMr~r ;aft {,~ ,,,,p..t 4aawrrti February 9, 2010 -4- CITY COUNCIL BRIEFINGS HAMPTON ROADS TRANSIT ITEM # 59609 (Continued) Federal New Starts Process ^ "New Starts" or "Section 5309" is the Federal program for capital funding of "major, fixed guideway projects" ^ FTA competitive Grant program for transit funding ^ FTA rates projects (high-low) based on criteria including mobility improvements, cost effectiveness, transit-supportive land use policies with a capital and operating financial plan ^ FTA New Starts program requires non federal matching funds. Sources and amount to be determined as study progresses. ^ The local operating agency (HR7) has to demonstrate the financial capacity to build and operate the project. ^ Other federal funds may be used to advance the project outside of the New Starts Program Project Status ^ Technical Analysis underway ^ Definition of Alternatives ^ East End Alignment evaluation ^ Initial station locations ^ Preliminary location for Vehicle Maintenance and Storage Facility ^ Developing initial operating plans ^ On-going coordination with City staff ^ Public Involvement ^ Public Information Meetings September 2009 ^ Citizens Advisory Committee October 2009 ^ Station Planning Workshops December 2009 'Important City decision point ~'~ P~r~ 8eacti iii Erte~' Strdt ~.w..~ +.~.~.r.~.~x are tA..~,.ar s, va~w February 9, 2010 _ .. - -- - e 1ew~,7 ~a&~tYY^~ii~rxs's~+s~F -5- CITY COUNCIL BRIEFINGS HAMPTON ROADS TRANSIT ITEM # 59609 (Continued) ~~'" Vk~t lq~ Tt7~!t-Ec# StY~'f wwfie?++a~a:':~e{t~'r ~~rt t t+!ta~w.et Mr. Shucet advised this project requires $6.63-MILLION. $1.5-MILLION has been secured and utilized to initiate the study. This funding has been expended, which did not require any match from the City. $3.91-MILLION has been programmed from the Regional Surface Transportation Program and did not require a City match. Virginia Beach provided support for a Congressional Grant for appropriation of $1.2-MILLION. In order to access this grant, it must be matched. $244, 800 is needed as a "match " to make this Grant possible. Project Cost and Funding Strategy Fundin Source Fundin Amount Ci Match Re aired Current grant funding: Regional $1.5-MILLION $0.00 Surface Transportation Program RSTP Programmed funds to Complete $3.91-MILLION $0.00 AA/SDEIS: FY 2011 RSTP (Available in mid-2011) FY 2010 Congressional $1.224-MILLION (Total) $ 244,800 (20% match) Appropriation to continue AAISDEIS $ 979,200 80% federal Total cost to complete the Va. Beach $6.63-MILLION $ 244,800 (3.7% of total) AA/SDEIS February 9, 2010 ;~'.'-.c_ _ .: '~~ z.'r ~, YES .i w .. - , . , . _~ _ . - .. .. ~,~ra.~,~an w~wgAM Requires actionlapproval from FTA to enter neat phase of project. -6- CITY COUNCIL BRIEFING HAMPTON ROADS TRANSIT ITEM # 59609 (Continued) Requested City Council Action ^ Approval of $244,800 to serve as local match for the FY 2010 Congressional Appropriation is a MUST to continue this study ^ If this local match is not approved, the FY 2010 Congressional Appropriation would be returned to FTA and the study would not advance until, and if, other funds become available next year. These funds would then be reallocated to another project in another area. Mr. Shucet requested City Council consider this proposal during the February 23, 2010 City Council Session. February 9, 2010 -~- CITY COUNCIL BRIEFING STATE BUDGET ISSUES "Local Composite Index" ITEM # 59610 3:13 P.M. Mayor Sessoms referenced his conversation with Virginia Beach Schools Superintendent, James G. Merrill, Superintendent -Virginia Beach City Schools, and invited Dr. Merrill to speak. Dr. Merrill advised the City often references and strives for regional cooperation. Yesterday, Governor McDonnell lifted the freeze on the Local Composite Index ", initiated by former Governor Kaine. Initially, Schools understood Governor Robert McDonnell was firm on leaving the freeze in place, since he needed to fund an additional $29-MILLION to even implement on July First. Therefore, Schools have currently balanced their budgets and are presenting them to their respective Boards. Dr. Merrill is presenting the Virginia Beach School Board's budget in three (3) hours, and has not factored in yesterday's loss of an additional X14.9-MILLION. Tonight, he will request the Virginia Beach School Board to adopt and sign a Resolution to the Governor to reconsider his decision, or at least phase it in over two (2) years. Ninety-seven of the one hundred thirty four (134) School Divisions are negatively affected by yesterday's decision. Among the localities which are members of the Hampton Roads Planning District Commission (HRPDC), there is a total loss of funds of X58.4-MILLION. This will have a devastating effect on children, not to mention the inevitable loss of more jobs. Dr. Merrill requested the City Council ADOPT a Resolution in SUPPORT of the Proposed Freeze to the Local Composite index for Fiscal Year 2011, communicate with your colleagues in the Region and enlist their support in requesting the Governor to temper the damage to Hampton Roads, communicate with members of the Schools delegation re the damaging effect on Hampton Roads and finally either directly, or through known resources, contact the Governor's office. Virginia Beach has remained silent while Northern Virginia has stormed the Governor. The Governor has been requested to stagger his decision, or at the very least to stagger the implementation, over the next two (2) years. A copy of the DRAFT Virginia Beach City School Board Resolution and a table reflecting the dollar effect on all Divisions in the Region (Projected Change in FY 2011 State Funding is hereby made a part of the record. Dr. Merrill read the Resolution into the Record. Mayor Sessoms and City Council concurred with the Resolution and will ad it to the Formal Session Agenda today (February 9, 2011), confirming the City's SUPPORT of the proposed freeze to the Local Composite Index for Fiscal Year 2011. Mayor Sessoms referenced a Retreat tomorrow, February 10, 2010, with the Transportation Planning Organization, with the Mayors and other Council Members of the region in attendance. Mayor Sessoms will contact the City's local delegation to the General Assembly and request a meeting with the Governor which he will attend. February 9, 2010 -8- CITY MANAGER `S BRIEFING PRINCESS ANNE COUNTY TRAINING SCHOOL/ UNION KEMPSVILLE HIGH SCHOOL ITEM # 59611 3:19 P.M. The City Manager introduced Lynn Clements, Director -Department of Museums, who has worked with the Schools Division over the past five (5) years to develop an appropriate way to commemorate the history of the African-American High School that served Princess Anne County and then Virginia Beach students in the mid-twentieth century. Mrs. Clements recognized Mark Reed, Historic Resource Coordinator and representative of the Department of Museums, WHO has dedicated many hours to this project. The buildings that housed the School have been replaced with the new Renaissance Academy which now serves students requiring an alternative to the general curriculum. The construction of this new school includes a museum quality exhibit gallery that tells the story of the Princess Anne County Training School and Union Kempsville High School. Mr. Reed advised the story of Princess Anne County Training School, later renamed the Union Kempsville High School, is truly inspiring, a story of hope, faith, patience, perseverance, sacrifice and, most importantly, success. In 1925, a group of African American citizens in Princess Anne County formed the Princess Anne County Training School Association for the purpose of establishing a High School for their children. The only high schools in the County served the White population. Funds were raised and ultimately the citizens were able to purchase four (4) acres of land for a School. The Princess Anne County School Board was able to utilize some grant funds and construct a school at Cleveland Street and Witchduck Road. This school was dedicated in 1937 as the Princess Anne County Training School. The first graduating class was 1938. The first school was four (4) classrooms, a Library, Assembly Room and a Principal's Office. Princess Anne County Training School (1938 -1961) Union Kempsville High School 1961-1969) The Schools wished to do a project at this location, part of which involved building a new plant at 1568 Corporate Landing Parkway. As part of this process, something had to be done relative the old building which could not be saved. Committee Convened June 2005 • John Kalocay -Assistant Superintendent Administrative Support Services -Chair • Tony Arnold -Director of Facilities Planning and Construction • Dr. Elsie Barnes -Vice President for Academic Affairs, Norfolk State University • Ruth Bell -Retired Teacher, Graduate • Dr. Tommy Bogger -Director of Archives, Norfolk State University • Joshua Darden -Educator in Virginia Beach for over 45 years, Graduate • Edna Hendricks -Historian, Graduate • Carolyn Lincoln -Community Activist • Dr. Stephen Mansfield -Virginia Wesleyan • Mark Reed -Department of Museums • Susie Whitehurst -Retired Teacher, Graduate • Yolanda Jones Howell -Schools Media and Communications (StafJSupport) • Kathleen Ohara -Schools Media and Communications (Staff Support) • Duane Harver -Rodriguez, Ripley, Maddox and Motley Architects February 9, 2010 -9- CITY MANAGER `SBRIEFING PRINCESS ANNE COUNTY TRAINING SCHOOL/ UNION KEMPSVILLE HIGH SCHOOL ITEM # 59611 (Continued) • Historical Architect examined building for historical integrity • Visited Bruton Heights School in Williamsburg • Rodriguez, Ripley, Maddox and Motley Architects (RRMM) drawings of space in Renaissance Academy • March 2006 Public Meeting • Developed Curatorial Committee to plan for artifacts • Established History Committee to research and gather information. • February 2007 Meeting of Class Representatives to plan for Last Walk • Hired 1717 Design as exhibit design consultant (located in Richmond) • Last Walk June 30, 2007 • Artifact Collections in 2008 • Development of Interpretation -Museum Word • Exhibit Development -Presented August 2009 The 1717 Design firm put together an Exhibition Floor Plan comprised of approximately 1800 square feet. The participant would walk in through the entrance off the foyer. In the Renaissance Academy, there is a medallion representing the mascot of the school (Tiger). There are spaces for an office and a Museum Store with a number of Exhibit areas throughout. As you walk through the exhibits, there are some interactive exhibits i. e. yearbook, timeline of history and African American education, replication of the auditorium stage in the original school. A video introduction (approximately ten (10) minutes) is available. This video is comprised of twenty (20) interviews developed by VBTV. Impressions of the Exhibit can be left at a staged mirror. Many artifacts are displayed encompassing photographs and three dimensional items (i. e. instruments utilized in the marching band, letter sweater, homecoming queen's crown, athletic trophy, ball glove and a Union Kempsville beanie). This Museum is housed in the Renaissance Academy. February 9, 2010 -10- CITY MANAGER `SBRIEFING PRINCESS ANNE COUNTY TRAINING SCHOOL/ UNION KEMPSVILLE HIGH SCHOOL ITEM # 59611 (Continued) Exhibition Floor Plan _ , ~., _. - a ,_ ~ _ t ~ __ _ - _ _--- ~ ~ ~- _. - 11,w rt"fi- ~ 1'~~ ,~_ I*~ i .. ,,, ,,\r~ on a Legacy ~.oo February 9, 2010 y/ \Y. -11- CITY MANAGER `SBRIEFING PRINCESS ANNE COUNTY TRAINING SCHOOL/ UNION KEMPSVILLE HIGH SCHOOL ITEM # 59611 (Continued) Renaissance Academy (2010) Renaissance Academy • State-of--the Art school building • New Alternative Education Center Grades 6 -12 • i~irginia Beach Central Academy • Center for Effective Learning • Princess Anne Center for Pregnant Teens • Open Campus Center • Southeastern Cooperative Education Programs • 289,000 Square Feet • $66 Million Project • Rainwater collected in 50,000 gallon cistern • Solar panels heat hot water for the kitchen • Photovoltaic panels provide electricity back to the power grid • All heating and cooling through geothermal heat pumps • Programmed for LEED Gold Certification February 9, 2010 -12- CITY MANAGER `SBRIEFING PRINCESS ANNE CO UNTY TRAINING SCHOOL/ UNION KEMPSVILLE HIGH SCHOOL ITEM # 59611 (Continued) Princess Anne Country Training School and Union Kempsville High School Museum Located on Main Entrance Foyer 1800 Square Feet $500, 000 Project Memorandum of Agreement City's Responsibilities • Department's responsibilities begin upon completion of construction. • Maintain artifacts and exhibits. • Provide staff to operate Museum. • Provide curatorial services within Museum. • Operational administration of Museum. Museum will be operated on a schedule that is consistent with the operation of other historic houses operated by the City. • Purchase andlor acquisition of new artifacts and exhibits. • Perform upgrades to existing artifacts and exhibits. • Provide day-to-day grounds maintenance for the school. • Provide Museum security on weekends. • Maintain insurance for loss or damage to the artifacts and exhibits Memorandum of Agreement School Division's Responsibilities • Design and construct Museum. • Manage and oversee construction. • Finance design and construction of Museum. • Provide general maintenance, preventative maintenance, minor repair, custodial services, and garbage removal. • Provide and pay for utilities for Museum, including electric, gas, water, sanitary sewer, heating, ventilation and air conditioning, and telephone service. • Finance the initial purchase, acquisition, ancUor loan of artifacts • Provide Museum security on weekdays. • Finance capital expenses or capital improvements of the Museum. • Maintain insurance for loss or damage to Museum due to fire. Memorandum of Agreement • Memorandum of Agreement (MOA) commences upon execution and continues until June 30, 2011 • May be renewed for up to four (4) successive one (1) year periods upon mutual agreement. February 9, 2010 -13- CITY MANAGER `SBRIEFING PRINCESS ANNE CO UNTY TRAINING SCHOOL/ UNION KEMPSVILLE HIGH SCHOOL ITEM # 59611 (Continued) Operations Opening scheduled circa May 1, 2010 Staff - Museum Educator II -interviews in progress Part-time (0.53 FTE) Volunteers -Alumni Association, students, public Hours - Sept. -June; Monday -Friday when classes are in session June -September; Tuesday -Saturday 9 a.m. - S p.m. Admission - Adults $5.00; Seniors $4.00; Students $3.00 Include on combination ticket Gift Shop - Currently identifying potential inventory Currently developing options for display Budget - Included in target in Departmental submission Will seek grants to supplement Mr. Reed advised $30, 000 is available in the Operating Budget as appropriated thru June. In addition to the Museum Educator II positions, Grants will be sought to supplement the appropriations. Pieces of the old building were kept i. e. cornerstone, portions of the stage floor. An AMENDED Memorandum of Agreement was distributed stating the agreement was made and entered into "2010 "rather than "2009 " February 9, 2010 -14- CITY MANAGER `SBRIEFING 2009 CRIME STATISTICS ITEM # 59612 3:42 P.M. Chief A. M. Jacocks, Police, presented information relative the 2009 Crime Statistics in terms of the economy. The first slide depicts the Crime Rate per 1,000 populations 1960 to 2009. CRIME RATE PER 1000 POPU WTION 1960 TO 2009 p _...... _.____... __. __. _..__.._._ - _.... ____. -....._ _._.. _.. _.. .__. _.. _._ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~a~~ In the early 1990's a very evident "drop" occurs. This is consistent with the National Trend and coincides with the beginning of the Federal COPS program, which funded Police grants resulting in more Police Officers on the streets. Beach Police Department: Average Sworn and Total Part 1 Crime Average Sworn* ---=Total Part 1 Crime Rate 20 10 0 __ QiO ~iti g1" oil aid` aih oi~O ~~ ~i~ oil 00 0~' `L p'~i ~t~ Oh ~~O ~1 g4~ ~~i ,yq ,yoa ~q yon ,yon ,yon yq ti~ ,yoi ,yq ,yp ,Lp ,Lp4,tip ,ti0 ,y0 ,ti0 ,ti0 ,ti0 ,.~0 February 9, 2010 -15- CITY MANAGER'S BRIEFING 2009 CRIME STATISTICS ITEM # 59612 (Continued) Part 1 Crime: entails murder, rape, robbery, aggravated assault, burglary, larceny and motor vehicle theft and arson. This chart depicts the actual sworn staffing. The decline in the crime rate, which is actually reflected as a percentage almost "exactly mirrors "the actual sworn staff ng which is divided by ten (10). Virginia Beach Average Sworn and Part 1 Crime Clearances This decline is a national trend and due in large part to the Federal Hiring Grants placing more Police Officers on the street. Police were awarded their first Cops Hiring Grant in 1994. Twenty-eight (28) Officers were received. Grants funded additional Officers of about sixteen (16) annually up to and including 2004 for a total of one hundred sixty (160) Grant funded positions. As the grant funding depleted, City Council always provided the funding for those positions. This Chart depicts success in solving Part 1 Crimes. There is a direct correlation between the Police Department's ability to solve crimes and the level of resources at the Police Department's disposal. The ability to apprehend criminals obviously contributes to a feeling of safety in the City, raising the level of citizen confidence in the Police and City Government as a whole. This helps to prevent crime by taking offenders off the street. The Property Crime Rate in Virginia Beach mirrors in large part that of the National Property Crime Clearances. The Virginia Beach Property Crime Clearances have consistently been well above the National average and in some years double the National Average. February 9, 2010 -16- CITY MANAGER'S BRIEFING 2009 CRIME STATISTICS ITEM # 59612 (Continued) Virginia Beach Property Crime Clearances vs. United States Proper Crime Clearances i n.n 5.p '. _ _ a.o __ V.B. Parl 1 Pr~perfy Crirnc Clearances ---- U.S. Part 1 Property Crime Clr_arances .30.0 _ _ _ __ ---- U.S. Part 1 Violent Crime Clearances zo.o _ __ _ __ _ __ I ~ 4 1 'L °i tx h 0 1 `~+ ni O 'y 'L `?i A 5 ro 1 4i of ti°~~tig~ti°~~7g~ti°~~'~'°~~'~°~~ti°~~~'°~~ti~'~ ~ Z'~ ~~~0'~ ~'~ 't'~~~~ 0'~~'1"~ ~"d~ g _ _ ~.ry_ ._._ ____.__~W_, ~___. _.Y. _.___._ ._.. _..... _.. This slide depicts the Clearance Rate on Violent Crimes compared to the National Average and again the Police Department is consistently above the National Average on the Clearance Rate. February 9, 2010 -17- CITY MANAGER'S BRIEFING 2009 CRIME STATISTICS ITEM # 59612 (Continued) Over this eighteen year period, the lowest Crime Clearance Rate was SO%, which is higher than the best National Average Rate at any time during those eighteen (1 S) years. Officers per 1,000 Residents • Virginia Beach =1.9 (816 Officers) • Norfolk = 3.3 (VB equivalent of 1424 Officers) • All Cities - 2.3 * (VB equivalent of 992 Officers) • Cities with population 250,000 or greater = 2.8* (VB equivalent of 1208 Officers) (*Source: FBI Uniform Crime Reports - 2008) Virginia Beach Police Department PART I CRIME STATISTICS - 2009 Percent Total Total Percent Percent Actual Actual Change Ctea rances Clea rwnc¢s CI¢a red Clew red T e 2008 2009 2008 2009 2008 2009 Homicide IS 18 20.0^% 14 16 93.3% 8R.9% Rape 69 78 1 3.0 % 70 44 1 O 1 .4 % 56.4 Robbery 538 442 -17.8% 219 279 40.7% 49.5% A ravated Assault 424 371 -12.5 % 321 264 75.7 % 71.2% Violent 1,1)46 909 -13.1% 624 543 59.7% 59.7% Hurglary 1 ,)1 O 1 ,9R6 4.0% 573 507 30.0° 0 25.5% Larceny 10,042 )0,669 E>.2% 2,576 2,446 25.7% 22.9% Motor Vehicle TttelY 612 Sfi4 -7.R% 160 128 2fi.1 % 22.7%. Arson 1 30 109 - 1 6.2'% 28 28 21 .5 % 25.7 Pro pert 12,694 13328 5.0% 3,337 3,109 26.3% 23.3% Total 13,740 14,237 3.6% 3,961 3,652 2R.R% 25J% Virginia Beach Police Department Part 1 Crimes -Violent 2005-2009 ll ll. ll Il.' ll• Criminal Homicide 22 19 16 15 18 Forcible Rape 79 129 103 69 78 Robbery 670 688 555 538 442 Aggravated Assault 430 425 430 424 371 Total Violent Crime 1,201 1,261 1,104 1,046 909 Violent Crime Rate per 1,000 2.8 2.9 2.fi 2.4 2.1 Population February 9, 2010 -18- CITY MANAGER'S BRIEFING 2009 CRIME STATISTICS ITEM # 59612 (Continued) Virginia Beach Police Department Part 1 Crimes -Property 2005-2009 .. ~~. rr: ~~• Burglary 2,151 2,006 2,036 1,910 1,986 Larceny 10,492 10,115 10,102 10,042 10,669 Motor Vehicle Theft 695 569 563 612 564 Arson 117 157 164 130 109 Total Property Crime 13,455 12,847 12,865 12,694 13,328 Property Crime Rate per 1,000 31.0 29.8 29.9 29.3 30.7 Popu-ation Virginia Beach Police Department Selected Types of Juvenile Arrests Type 1994 2009 %Change Homicide" -- 5___ - ________-2 -___ - __--60.0% ----------------------------------- Ra~e---°------------------------- ----- --------11 1 -90.9% Robberx-------------------------- ---------- --------59 --- 51 ------ ------------ ----- 13.6%_ A~~ravated Assault _63 23______ ___;63.5% Sim_ple Assault ----------------- __ 765 ___ --- _____-533 _____ --_~30 3% Wea~ons Violations__________~ ~__ 168 ___ ________37 _____ ____= 78.0%_ Sex Offenses 66 26 -60.6% Total 1,137 973. _ -14.4% Total Juvenile Arrests 5,268 3,353 -36.4% in above Categories 21.6% 20.1 'Only includes Murder and Non-Negligent Manslaughter Source: Annual Reports Corresponding to the Year Referenced juvenile_arrests_U pdate_20100208.x1sx 2/8/2010 charts February 9, 2010 -19- CITY MANAGER'S BRIEFING 2009 CRIME STATISTICS ITEM # 59612 (Continued) The proportion of Juvenile Violent Crime Arrest from 2003-2009 was higher than the previous 8 years, but is showing a decline since 2005. Virginia Beach Police Department Selected Types of Juvenile Arrests Arrests in the Following Categories. Homicide, Rape, Robbery, Aggravated Assault, Simple Assault, Weapons Violations and Sex Offenses ~ _- --- - -w-% in above Categories ~~ t Total Juvenile Arrests ', .~ ', : 6,000 5,000 4,000 ~ ~_ 3,000 ~ m H v a 2,000 1,000 Source. Annuat Reports Corresponding to the Year Referenced 2/8/2010 2009 TOTALS OF ADULTS AND JLJV ENILES ARRESTED juvenile_arrests_Update_20'100208.x1sx charts C;Nntinal Homidde: Murder and Non-Negligent Manslaughter _ ' 93:1% 2 6.9% 29 Mluwlaughter by Negligenm I IW.O% U U.0% 1 Forcible Ra}x~ 11 91.7% 1 R.3% 12 Iiobberv 159 757% 51 243% 210 Aggravated Asenndt 129 84.9% ?3 15.1X 152 Bur+ 211 (xi.R% 105 33,?% 316 Larmny-Theft 1.75 67.4% 617 32.5% 1R92 Auto 7hrR 34 (i3.0% 20 37.0% 54 Simple Assault 3,142 855% 53.3 14.5% 36,^5 Arson 17 60.7% 11 39.3% 2R Forgery and Counterfeiting l1R 92.9% N 7.1% 1?^ Fraud L79 %.0% 10 40% 249 Embezzlement 88 %.7% 3 3.3% 91! 'toles Property Buying. Receiving, k Posserning 44 81.5% 10 I8.5% 54'x. Vnndaliem '_13 66.4% 108 33.6% 321. Wea}x+nsCarrv, P<.lsess 25R R7.5% 37 1?.5% 295 1'roslilulion and Commercial Vier 62 I(MI.II% II O.tl% 6?, Sen Offenses 105 R0.2% 26 19.8% 131 Drug Abuw~ Viohnions: Sale/Manutaclu.re 274 44.5% 16 5.5% 290 Possession 1,115 64.0% 213 16.0% 1328 Gamblin 10 0,0% 0 U.0% 10. Offenses Again6t the Fmnily and Children 167 97.7% 4 2 ~% 17P Driving Under the lnfiuenre 2742 99.3% 16 U.^% 2gOR 1-iquor Irws 2,3^_2 67.7% 32fi 12.3ti 2,69R PublicDmn}:enness 2,3758 9R.9% 26 1.1'4 2,414 Disorderly Conduet 748 89.0% 99 ILO , R97 AB Crther Cltfenexs (axcept triffic) 8752 955% 397 4.5% 8,749 Curtmw/I.,Irerin 688 1W.U% 68R GRAND TOTAL 21,931 67.7% 3,151 12.3% 27,302. February 9, 2010 -20- CITY MANAGER'S BRIEFING 2009 CRIME STATISTICS ITEM # 59612 (Continued) Chief Jacocks displayed a series of "hot spots " or pin maps depicting where selected reported crimes occurred in the City in 2009. There is a consistency in certain areas where the crimes occur. Said information is hereby made a part of the record. The hot spot maps indicated in 2009: 18 Homicides 14 Stranger Rapes 479 Robberies 318 Aggregated assaults (Non-Domestic) 1, 767 Residential Burglaries 353 Commercial Burglaries 618 Motor Vehicle Thefts 11,147 Larcenies 104 Arsons 2,467 Narcotics Offenses 12,326 Persons on Probation 286 Persons on Parole 583 Registered Sex Offenders (376 are labeled as violent) Chief Jacocks advised home invasions have increased. Almost, without exception, these are drug related. Councilman Wood requested this report be placed on a disc, as it would be beneficial to civic leagues and other interested parties. A Brieftng was conducted with the Cold Case Detectives and there are promising leads on quite a few cases. These cases are decades old. Chief Jacocks advised an announcement should be shortly. Council Lady Henley requested a similar presentation concerning traffic fatalities. Chief Jacocks advised there were 8, 757 reported crashes in the City last year. This was a decrease from slightly over 9, 000 the previous year. The number of personal injury crashes also declined from 932 to 890. Drug or alcohol related crashes also declined from 620 to 535. There were 22 fatal crashes last year, 28 the year before and 23 the year before that. Last year 2,454 arrests were made for driving under the influence (DUI). The year before, there were 2, 71 S arrests. Historically, arrests have averaged around 2, 000 plus arrests for Driving Under the Influence (DUI). Council Lady Henley referenced there are more traffic fatalities than homicides each year. February 9, 2010 -21 - CITY MANAGER'S BRIEFING CITY CODE SECTION 23-SO Enforcement re Hazardous Trees/Overgrown Grass ITEM # 59613 4: OS P.M. Andrew Friedman, Director, Housing and Neighborhood Preservation, spoke re the enforcement effort re Overgrowth, Trash and Hazardous Tree Ordinances. Goals of Code Enforcement • Protect the health, safety, welfare of Virginia Beach residents through the enforcement various codes and ordinances • Prevent blight and deterioration • Promote well-maintained, quality neighborhoods • Work with resident and property owners to obtain voluntary compliance • Obtain compliance through the court system, when necessary, to avoid becoming "property managers " Mr. Friedman cited the Nuisances: • Overgrown grass and trash are considered nuisances as they constitute a concern for health and safety • These conditions are considered nuisances in most local municipalities and many cities throughout the United States History of the "Weed Ordinance" • In 1976, enforcement of the "weed ordinance "was transferred from the Health Dept. to the City • The ordinance became more stringent based on citizen input and input from other City agencies directly affected by the proper enforcement of this code (Fire, Police, Health, Vector Control, etc) • The most recent changes occurred in December of 1992, after gaining citizen input at a Neighborhood Forum held specifically to discuss this code and other property maintenance codes • Goal - develop a stringent, effective ordinance that will allow us to eliminate nuisances in a timely fashion Current Ordinance (Sec. 23-SO) • Section (a) covers the accumulation of trash, garbage, litter, etc • Section (b) covers overgrown grass and weeds in excess of 10 inches • Currently, a Class 2 Misdemeanor punishable by a fine of not more than $1,000 and not more than 6 months in jail • First time cases are dismissed if compliant prior to the court date • Judges impose fines ranging from $100 - $250 and a short order to comply February 9, 201 D -22- CITY MANAGER'S BRIEFING CITY CODE SECTION 23-SO Enforcement re Hazardous Trees/Overgrown Grass ITEM # 59613 (Continued) 2009 Statistics • 7,064 overgrowth violations were cited • 4,650 trash/debris violations were cited • 587 violations were abated by contractor on vacant property at a cost of $34,51 S • No violations were abated by contractor on occupied property • 100 cases were taken to court and 72 were dismissed as compliant • 22 cases where the accused was found guilty • 6 cases where the accused appealed to circuit court • No cases where jail time was instituted for grass or trash Overgrown Grass and Weeds 23-SO(b) Causes or tends to cause the following: • Provides harborage and cover for rodents and vermin which carry disease • Promotes blight and deterioration • Property values to diminish • Increases the potential for Illegal activities (trespassing, burglary, abandonment of stolen property, etc) • Potential fire hazards, brush fires, and arson • Increased potential for illegal dumping of trash and hazardous materials • Accumulation of litter Mr. Friedman displayed photographic examples of instances where individuals have not maintained their property. Trash, Garbage, etc. 23-SO(a) • Trash, garbage, refuse, and litter which has not been legally deposited according to the provisions of the Waste Management Chapter of the City Code What Other localities are Doing .. Norfolk Criminal - Class z misdemeanor; Two or more notices within iz months and it becomes a Class r misdemeanor; authority to abate and charge the property owner (Saso,ooo budget) Chesapeake Criminal -Class 3 misdemeanor (max $50o fine); authority to abate and charge the property owner (SSo,ooo budget) Portsmouth Abated. by the city contractor f'or up to i year; charged to the property owner (azoo,ooo - S3oo,ooa budget). Newport News Abated by the city contractor; charged to the property owner (inmate workforce utilized) Suffolk 'Civil. penalty -'same as proposed February 9, 2010 - 23 - CITY MANAGER'S BRIEFING CITY CODE SECTION 23-SO Enforcement re Hazardous Trees/Overgrown Grass ITEM # 59613 (Continued) Hazardous Tree • Trees located on private property that present a danger to property, the health and safety of persons, or to other trees or vegetation • Hazardous trees are either dead, dying, diseased, or otherwise damaged • Trees can kill and severely damage property Current Ordinance (Sec. 23-50.1) • Pertains to private property only - is not the same ordinance addressing trees removed on City property, which is a Class 1 Misdemeanor • All inspections are conducted by a Certified Arborist • Currently, is a Class 4 Misdemeanor punishable by a fine of not more than $250 • Carries no jail time • First time cases are dismissed if compliant prior to the court date • Judges impose fines and can impose orders to comply 2009 Statistics • 402 hazardous tree violations were cited • 7 were abated by contractor on vacant property at a cost of $2,820 • 13 cases were taken to court • 1 case was appealed to Circuit Court What other Localities are Doing Norfolk. Handled as a public nuisance and can be taken to criminal court or abated by - Contractor Chesapeake No ordinance pertaining to trees on private property Portsmouth' Addressed as anuisance -Gass r misdemeanor with authority to abate by contractor and charge the property owner Newport News Abate by the city contractorand charge the property owner Suffolk No ordinance pertaining to trees on private property February 9, 2010 -24- CITY MANAGER'S BRIEFING CITY CODE SECTION 23-SO Enforcement re Hazardous Trees/Overgrown Grass ITEM # 59613 (Continued) Pros and Cons under Criminal Penalties Pros Cons Ordinances have "bite" -simply issuing a None -criminal penalties have been working summons is normally enough to compel effectively for 30+ years com liance A court order can be issued to compel Com liance Repeat offenders can be addressed ro erl with strip ent enalties Experience with Civil Penalties • In 2004, certain Waste Management Ordinances were amended to change from criminal to civil penalties. This has proved to be ineffective in gaining compliance with these violations. • Many cases are dismissed or fines reduced to $10 • Processing civil penalties involves additional staff time and requires the work of multiple city agencies (Treasurer, Court Clerk, Collections, etc) Considerations Civil penalties may not be stringent enough to deter violators and repeat offenders A move to civil penalties could require the need for additional contractual abatement actions on occupied property to ensure timely compliance An increased need for abatement funds has not been budgeted ($10,000 budget currently) Contractual abatement on occupied property is dangerous (often requires entering rear yards and locked gates); collection of liens is difficult Our current ordinances are an effective deterrent and have worked well to eliminate nuisances and hazards for over 30 years The majority ofnon-compliant cases taken to court are complied with prior to the first court date Judges rarely impose jail time for any Code Enforcement cases A more difficult enforcement process could negatively impact our neighborhoods Mr. Friedman introduced Wells Freed, Code Enforcement Administrator, and Kristina Salzman -City Arborist -Parks and Recreation Commission, who are in attendance to provide the technical back-up. February 9, 2010 -25- CITY MANAGER'S BRIEFING CITY CODE SECTION 23-SO Enforcement re Hazardous Trees/Overgrown Grass ITEM # 59613 (Continued) Examples of Other Criminal Misdemeanors in Chapter 23 • Littering -Class 1 • Cutting trees and shrubs on city property -Class 1 • Obstructing views in movie arcades -Class 1 • Purchasing junk or secondhand items from minors -Class 1 • Obstructing a drainage ditch -Class 1 • Abusive use of a laser pointer -Class 2 • Not having a siren shutoff for your home, burglar alarm -Class 3 • Abusive language -Class 3 • Ticket scalping -Class 3 • Soliciting -Class 3 • Loud Noise -Class 3 • Trick or Treating after the age of 12 -Class 4 • Violating Curfew for minors -Class 4 • Begging -Class 4 • Unlawfully carrying a cane or walking stick -Class 4 • Sleeping in automobiles or parks- Class 4 • Improper vending machines -Class 4 Options • Maintain the current system. • Reduction to a lower class of misdemeanor with an increase to a Class 2 for repeat offenders where 3 or more notices of violation are issued during a single growing season • Institute civil penalties Staffs Recommendation • Maintain the current system. This has been effective and has had a positive impact on our communities • Should Council choose to change these ordinances, we ask that the change become effective November 1, 2010 to ensure ample time is given for implementation (amending policies/procedures, updating notices/forms, and training stafj7 and that the procedure is not changed in the middle of the weed and grass season. Councilman DeSteph expressed concern if the crime basically fits the punishment (Eighth Amendment), a criminal offense. Every time you prosecute a Class II Misdemeanor, the Judge can institute a jail term. Council Lady Henley referenced a series of mail from Aragona Village relative the rat issue caused by individuals not mowing their lawns. Mr. Friedman advised staff was encouraged to be proactive and would like the citizens to understand the Department's goal is to handle problems when they are observed, but they do not measure grass. Mr. Friedman advised Councilman Davis a request had not been made for specific funding; they are simply stating the potential exists for a high level expenditure that could require additional funds February 9, 2010 -26- CIT Y COUNCIL LIAISON REPORTS ITEM # 59614 4:27P.M. LEGISLATIVE COORDINATION Council Lady Wilson and Councilman Uhrin, City Council Liaisons, were supposed to go to Richmond, Thursday night, February 4, 2010, to meet with the General Assembly Delegation. Coach Tata's Birthday was rescheduled. Mayor Sessoms will contact the City's local Delegation to the General Assembly and request a meeting with the Governor, which he will also attend.. He advised Council Lady Wilson and Councilman Uhrin they could go with him to Richmond. February 9, 2010 -2~- CITY COUNCIL COMMENTS 4:28 P.M. ITEM # 59615 Council Lady Henley advised last night, February Eighth and last Wednesday, February Third, she was at West Neck Villages with representatives of Virginia Beach Schools to discuss the relocation of Kellam High School. A major concern with the project entails West Neck Road. The citizens are concerned whether traffic will be increased and what impact that will have on their neighborhood. She reviewed the history of all the changes occurring in the five to six years in this area. However, when she realized the complete West Neck Road improvement is not going to be made, three (3) interim safety projects were agreed upon: (1) small section being widened and upgraded (completed last Summer) (2) Traffic Light at West Neck -Indian River is at bid at the present time and construction will begin in late Spring for completion the end of this year (3) improvement to a curve, then hopefully design will commence. All three (3) of these safety projects will hopefully be accomplished long before the School is in place. Virginia Beach Schools did commit to the neighbors re improvements to the road within the 1500 feet in front of the School, which will connect the completed section. In a few months when Virginia Beach Schools have a conceptional design to present, this will be scheduled for a City Council Session. They will request the property be rezoned to Agricultural. ITEM # 59616 Councilman DeSteph referenced E-mails from the Southeastern Public Service Authority (SPSA), were requesting their VLA debt be guaranteed by the City. Councilman DeSteph requested an update relative this request. The City Manager advised this would be discussed during CLOSED SESSION. ITEM # 59617 Council Lady Henley referenced, while working on a Historical Project, old tax receipts were discovered from one family. The oldest receipt is from 1846. Real Estate has been taxed in this County at least from 1846. Relative Personal Property, a horse was taxed at ten cents. The real comparison was depicted in 1910 (100 years ago). At that time, the State was also allocated based upon the real estate of the property owner. The County Levy was thirty cents ($.30 per $100 of property value. A road tax was twenty cents ($.20 per $100 of property value). A school levy was also in existence ($.30 per $100). Wleen all these taxes are added, the real estate levy appears to be eighty cents ($.80 per $100), not a lot different from today's rate. They also had personal property and a capitation tax. February 9, 2010 -28- AGENDA REVIEW SESSION 4:32 P.M. ITEM # 59618 Resolution of the City Council and School Board seeking the support of local, civic, business and political leaders SUPPORTING the proposed freeze of the Local Composite Index for FY 2011 This item shall be ADDED to the Consent Agenda as Item 8. Under ORDINANCES/RESOIL UTIONS ITEM # 59619 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. ~ 10-1 re changing the Polling location of Windsor Oaks Precinct to Windsor Oaks Elementary School b. ~ 23-46.2 re release of any hazardous substance 2. Ordinance to CONFIRM Declaration of a Local Emergency issued by the City Manager due to the threats posed by the January 2010 Winter storm event. 3. Resolution to EXECUTE a Memorandum of Agreement between the City and the School Board re the Princess Anne County Training School Museum 4. Ordinance DECLARING City property on Arctic Avenue to be EXCESS and A UTHORIZING the City Manager to execute documents to convey same to the Hampton Roads Sanitation District (HRSD) S. Resolution REQUESTING the Governor to activate all available emergency and relief resources for the benefit of homeowners impacted by "Chinese Drywall " 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned right-of--way for STEVEN G. ROSE to construct and maintain a pier, bulkhead and boat ramp into Pike Inlet at 325 Teal Crescent (DISTRICT 7 -PRINCESS ANNE) February 9, 2010 -29- AGENDA REVIEW SESSION ITEM # 59619 (Continued) 7. Ordinances to ACCEPT and APPROPRIATE: a. $11 S, 079 in excess Four for-Life program funds from the Virginia Department of Health, Office of Emergency Medical Services re qual ding training and equipment for the Department of Emergency Medical Services (EMS) b. $997, 400 from the Fire Programs Special Revenue Fund as a substitute funding source for State Fire Program revenues in various Fire Grants in the Grants Consolidated Fund and $173,200 for the Fire Training Center improvements - Phase III as a financial housekeeping measure c. $162, 482 from the Virginia Department of Fire Programs to Fire Training Center Improvements -Phase III d. $1, 500, 000 from U.S. Department of Homeland Security to cover expenses in conjunction with deployment of FEMA VA-TF 2 Urban Search and Rescue Team to Haiti Item J.3. (Memorandum of Agreement -Princess Anne Country Training School Museum) shall be AMENDED, BY CONSENT.• Page 1, The Agreement shall be entered into 2010, rather than 2009, and the Agreement shall commence on the effective date and shall continue thereafter until June 30, 2011. Item J.S ("Chinese Drywall ") SUBSTITUTE RESOLUTION shall be ADOPTED, BY CONSENT. All Members of Ciry Council have been listed as requesting the Resolution. February 9, 2010 -30- AGENDA REVIEW SESSION ITEM # 59620 K PLANNING Application of MARK W. and LAUREL N. LLOBELL for a Nonconforming Structure to replace a detached garage apartment at 112 69`" Street DISTRICT S - LYNNHAVEN DISTRICT 3. Application of BRUCE and VIRGINIA RADER for Expansion of a Noncon orming Structure to allow an addition at 307 SSTH Street DISTRICT S - LYNNHAVEN DISTRICT 4. Application of THE REBKEE COMPANY/JONES REAL ESTATE INVESTMENT COMPANY, LLCfor Modification of Pro ers (previously approved by City Council on September 8, 2009) for a change in the building site layout at 2236-2240 General Booth Boulevard DISTRICT 7 -PRINCESS ANNE 5. Applications of REED ENTERPRISES re an auto repair shop at Princess Anne Road and South Plaza Trail: DISTRICT 2 - KEMPSVILLE a. Mod cation of Pro ers (previously approved by City Council on February 23, 1999) and ADDED Conditions b. Conditional Use Permit-ADDED Conditions 6. Applications of BONNEY G. BRIGHT at Princess Anne and Pocahontas Club Roads: DISTRICT 7 -PRINCESS ANNE a. Closure of an unimproved southernmost portion of Pocahontas Club Road b. Conditional Use Permit to expand excavation at an existing borrow pit 7. Application of TUEE KNOW HIM NEW BIRTH FULL GOSPEL MINISTRIES/ J.G. HORTON & SON CONSTR UCTION for a Conditional Use Permit re a church at 5109-5111 Witchduck Court DISTRICT 4 - BAYSIDE DISTRICT 8. Application of JC'S PLACE/D. E. BONNEY for a Conditional Use Permit re an indoor Christian based Teen Club at 596 Princess Anne Road DISTRICT 7 -PRINCESS ANNE February 9, 2010 -31- AGENDA REVIEW SESSION ITEM # 59620 (Continued) 9. Applications of CITY OF VIRGINIA BEACH re the City Zoning Ordinance (CZO): a. AMEND X111 re definition of adult bookstores b. AMEND ~¢lll and x'401 and ADD X209.1 re "Farm Winery" regulations c. AMEND x'111 and ADD X217 re requirements for monument and electronic display signs Mayor Sessoms shall ABSTAIN on Item K 1 (MARK W. and LAUREL N. LLOBELL) and Item K 6. (BONNEY G. BRIGHT). Item K 4. (THE REBKEE COMPANY/JONES REAL ESTATE INVESTMENT COMPANY, INC.) shall be DEFERRED, BY CONSENT, until the City Council Session of February 23, 2010. Item K 7. (TUEE KNOW HIM NEW BIRTH FULL GOSPEL MINISTRIES/ J.G. HORTON & SON CONSTRUCTION) shall be WITHDRAWN, BYCONSENT. Item 9. c. (monument and electronic display signs) shall be DEFERRED INDEFINTELY, BY CONSENT February 9, 2010 -32- ITEM # 59621 Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(I) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property: Princess Anne District PUBLIC CONTRACT: discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711(A) (30) Southeastern Public Service Authority (SPCA) LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). Sandbridge Lifeguard Contract Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 4:48 P.M. February 9, 2010 - 33 - ITEM # 59621 (Continued) Voting 10-0 Council Members Voting Aye. Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Break: 4: SO P.M. - 4: SS P.M.) (Closed Session: 4: SS P.M. - S: 45 P.M.) (Dinner.• 5:45 P.M. - S: 59 P.M.) February 9, 2010 -34- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL February 9, 2010 6:00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 9, 2010, at 6: 00 P.M. Council Members Present: Glenn R. Davis, Robert M. Harry E. Diezel, Barbara M. Mayor William D. Sessoms, .. and James L. Wood Dyer, William R. "Bill " DeSteph, Henley, Vice Mayor Louis R. Jones °., John E. Uhrin, Rosemary Wilson Council Members Absent.• None Delegate-Elect Ron A. Villanueva submitted his resignation to City Council effective December 31, 2009, having been certified as the City's newest Delegate-Elect to the Virginia General Assembly. INVOCATION.• Reverend Rod Puckett Senior Pastor -Avalon Hills Bible Church PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank 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 Prudential Towne Realty, which is an affiliate of TowneBank. 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 ident~ any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identiftes 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 March 24, 2009, is hereby made a part of the record February 9, 2010 -35- 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 her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband 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 Ciry Council for the purpose of ident~ing 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 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential 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 ident~ing 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 27, 2004, is hereby made a part of the record. February 9, 2010 -36- RECOGNITION OF BOY SCOUTS ITEM # 59623 Mayor Sessoms RECOGNIZED the following Boy Scouts and their leaders: Boy Scout Troop 179 Sponsored by St. John the Apostle Catholic Church Youth J. P. O'Leary Shamus Peed Colin Peed Chris Benedetto Jon Benedetto John Cayo Chase Rich Chris Palm Anthony Catalano Joe Grimes Jared Clemente Anthony Mikovits Carter Stanton Noah Harris Brennan Outar Connor Gray Nick Brilvitch Austin Sak Charles Palm Leaders Renee Wert Mark Kayo Boy Scout Troop 419 Michael Calgi Miles Coutts Zach Dickerson Madison Holloway Ethan Kerr Joey Muchulsky Martin von Schlichting South Leader Jay Kerr February 9, 2010 -37- RECOGNITION OF BOY SCOUTS ITEM # 59623 (Continued) Boy Scout Troop 303 Sponsored by St. Matthews School Colton Givey Chris Baird Mayor Sessoms presented each Scout with a City Seal Pin. February 9, 2010 -38- Item - V-E.1 CERTIFICATION ITEM # 59624 Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None February 9, 2010 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 #59621, Page 32, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section Z.Z-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 Ciry Council. .,ti/ uth Hodges raser, MMC City Clerk February 9, 2010 -39- Item V-F.1 ITEM # 59625 Upon motion by Councilman DeSteph, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of January 26, 2010, and SPECIAL FORMAL/CLOSED SESSIONS of February Z, 2010: Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill "DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 9, 2010 -40- Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 59626 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED: Resolution of the City Council and School Board seeking the support of local, civic, business and political leaders SUPPORTING the proposed freeze of the Local Composite Index for FY 2011 February 9, 2010 -41 - Item V-G.2. ADOPT AGENDA FOR FORMAL SESSION ITEM # 59627 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADDED to the Consent Agenda under Ordinances/Resolutions as Item 8: Resolution of the City Council and School Board seeking the support of local, civic, business and political leaders SUPPORTING the proposed freeze of the Local Composite Index for FY 2011 Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 9, 2010 -42- Item V-H.1. PUBLIC HEARING ITEM # 59628 Mayor Sessoms DECLARED A PUBLIC HEARING: CONVEYANCE OF EXCESS PROPERTY Arctic Avenue near 29`" Street There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING February 9, 2010 - 43 - Item V-H.2. PUBLIC HEARING ITEM # 59629 Mayor Sessoms DECLARED A PUBLIC HEARING: ELECTION POLLING LOCATION CHANGE Windsor Oaks Precinct There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING February 9, 2010 -44- Item V-J. ORDINANCES/RESOLUTIONS ITEM # 59630 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED in ONE MOTION Items la.b, 2, 3 (AMENDED), 4, S (SUBSTITUTE RESOLUTION, 6, 7a/b/c/d and 8 (ADDED) of the CONSENT AGENDA. Item J.3. (Memorandum of Agreement -Princess Anne Country Training School Museum) shall be AMENDED, BY CONSENT.• Page 1, The Agreement shall be entered into in 2010, rather than 2009, and the Agreement shall commence on the effective date and shall continue thereafter until June 30, 2011. Item J.5 ("Chinese Drywall') SUBSTITUTE RESOLUTION shall be ADOPTED, BY CONSENT. All Members of City Council requested this Resolution. Voting.• 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 9, 2010 - 45 - Item V-J.1. a/b ORDINANCES/RESOL IITIONS ITEM # 59631 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT.• Ordinances to AMEND the City Code: a. ,¢ 10-1 re changing the Polling location of Windsor Oaks Precinct to Windsor Oaks Elementary School b. ~ 23-46.2 re release of any hazardous substance Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None February 9, 2010 1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 CODE TO C HANGE THE POLLING LOCATION OF THE 3 WINDSOR OAKS PRECINCT 4 5 SECTION AMENDED: § 10-1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 10-1 of the City Code is hereby amended and reordained, to read 11 as follows: 12 13 Sec. 10-1. Establishment of precincts and polling places. 14 15 There are hereby established in the city the following precincts and their 16 respective polling places, a s set forth below: 17 18 Precinct Polling Place 19 20 Alanton Alanton Elementary School 21 Aragona Kemps Landing Magnet School 22 Arrowhead Arrowhead Elementary School 23 Avalon Avalon Church of Christ 24 Baker Ebenezer Baptist Church 25 Bayside Bayside Elementary School 26 Bellamy Salem Middle School 27 Blackwater Blackwater Fire Station 28 Bonney Virginia Beach Free Will Baptist Church 29 Brandon Brandon Middle School 30 Brookwood Bow Creek Recreation Center 31 Buckner Green Run Baptist Church 32 Cape Henry Research and Enlightenment Building (Edgar 33 Cayce Library) 34 Capps Shop Back Bay Christian Assembly 35 Centerville Centerville Elementary School 36 Chesapeake Beach Bayside Baptist Church 37 College Park College Park Elementary School 38 Colonial Colonial Baptist Church 39 Colony Lynnhaven Colony Congregational Church 40 Corporate Landing Corporate Landing Middle School 41 Courthouse Courthouse Fire Station 42 Creeds Creeds Fire Station 43 Cromwell Salem United Methodist Church 44 Culver Ocean Lakes High School 45 Dahlia Green Run High School 46 Davis Corner Bettie F. Williams Elementary School 1 47 Eastern Shore Eastern Shore Chapel 48 Edinburgh St. Aidan's Episcopal Church 49 Edwin Kempsville Recreation Center 50 Fairfield Kempsville Presbyterian Church 51 Foxfire Princess Anne Middle School 52 Glenwood Glenwood Elementary School 53 Great Neck All Saints Episcopal Church 54 Green Run Green Run Elementary School 55 Haygood Haygood United Methodist Church 56 Hillcrest Precinct Victory Baptist Church 57 Holland Holland Elementary School 58 Homestead Providence Presbyterian Church 59 Hunt Princess Anne Recreation Center 60 Indian Lakes Indian Lakes Elementary School 61 Kings Grant St. Nicholas Catholic Church 62 Kingston King's Grant Presbyterian Church 63 Lake Christopher New Convenant Presbyterian Church 64 Lake Joyce Morning Star Baptist Church 65 Lake Smith Bayside Church of Christ 66 Landstown Landstown Community Church 67 Larkspur St. Andrews United Methodist Church 68 Lexington Kempsville Church of God 69 Linkhorn Virginia Beach Community Chapel 70 Little Neck Lynnhaven United Methodist Church 71 London Bridge London Bridge Baptist Church 72 Lynnhaven Grace Bible Church 73 Magic Hollow Virginia Beach Moose Family Center 74 Malibu Malibu Elementary School 75 Manor Providence Elementary School 76 Mt. Trashmore Windsor Woods Elementary School 77 Newtown Good Samaritan Episcopal Church 78 North Beach Galilee Episcopal Church 79 North Landing Hope Haven 80 Ocean Lakes Ocean Lakes Elementary School 81 Ocean Park Bayside Community Recreation Center 82 Oceana Scott Memorial United Methodist Church 83 Old Donation Old Donation Center for Gifted 84 Pembroke Pembroke Elementary School 85 Pinewood Lynnhaven Presbyterian Church 86 Plaza Lynnhaven Elementary School 87 Pleasant Hall Kempsville Baptist Church Pleasant Hall Annex 88 Point O'View Kempsville Church of Christ 89 Red Wing Fraternal Order of Police, Lodge #8 90 Reon Woodstock Elementary School 91 Rock Lake Salem Elementary School 92 Rosemont Forest Rosemont Forest Elementary School 93 Roundhill Salem High School 94 Rudee Virginia Beach Volunteer Rescue Squad 95 Building 96 Seatack Mount Olive Baptist Church 97 Shannon Church of the Ascension 98 Shelburne Christopher Farms Elementary School 99 Shell Unity Church of Tidewater 100 Shelton Park Shelton Park Elementary 101 Sherry Park St. Matthews Catholic Church 102 Sigma Red Mill Elementary School 103 South Beach Contemporary Art Center of Virginia 104 Stratford Chase Community United Methodist Church 105 Strawbridge Strawbridge Elementary School 106 Tallwood Tallwood Elementary School 107 Thalia Thalia Elementary School 108 Thoroughgood Independence Middle School 109 Timberlake White Oaks Elementary School 110 Trantwood Virginia Beach Christian Church 111 Upton Three Oaks Elementary School 112 Village Thalia Lynn Baptist Church 113 Windsor Oaks Windsor Oaks Elementary School 114 . 115 Witchduck Bayside Presbyterian Church 116 Wolfsnare Virginia Beach Christian Life Center 117 Central Absentee Voter Agriculture/Voter Registrar Building 118 Precinct 119 Satellite Absentee Voter Courthouse Fire Station, Department of Motor 120 Precincts (only for November Vehicles Office-Donna Drive, Department of 121 Elections and Presidential Motor Vehicles Office-Buckner Boulevard 122 Primaries) 123 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th 124 day Of _E..Phr'»ar~ 9 , 2010. APPROVED AS TO CONTENT: Voter Registrar APPROVED AS TO LEGAL SUFFICIENCY: i~~~ City Attorney's O ice CA 11364 R-1 January 13, 2009 CERTIFIED TO BE A TRUE COPY OF AN ORDINANCE ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH ON 09 FEBRUARY 2010. 3 RUTH HODGES FRASER, MMC CITY CLERK 1 AN ORDINANCE TO AMEND CITY CODE § 23-46.2 2 PERTAINING TO THE RELEASE OF HAZARDOUS 3 SUBSTANCES 4 5 SECTION AMENDED: § 23-46.2 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 23-46.2 of the City Code is hereby amended and reordained, to 11 read as follows: 12 13 Sec. 23-46.2. Releases of hazardous substances. 14 15 (a) Any hazardous substance which is released or allowed to accumulate or 16 remain upon any property within the city, except as prescribed or permitted by 17 governmental law or regulation, is hereby declared to constitute a public nuisance 18 subject to the provisions of section 23-46. 19 20 (b) Notwithstanding any other provision of law, in the event of a response by the 21 Hazardous Materials Team of the Virginia Beach Fire Department to a release or 22 accumulation of a hazardous substance in which such team undertakes measures to 23 contain such substance or to abate or otherwise mitigate the effects thereof upon health 24 or the environment, the responsible party shall be liable to the city for all costs of such 25 response; provided, however, that in the event the city shall be eligible for 26 reimbursement by the commonwealth or the United States, or an agency thereof, the 27 responsible party shall be liable to the city only to the extent such response costs are 28 not so reimbursable. 29 30 (c) Monies recovered from responsible parties pursuant to subsection (b) shall 31 be placed in ~fl a separate account in ~°^oro+° frnm the general fund, and shall be used 32 for the purpose of necessary replacement, purchase or upgrade of equipment used to 33 contain, abate or otherwise mitigate releases of hazardous substances. 34 35 .... 36 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day of February, 2010. APPROVED AS TO CONTENT: ~~~ Fire Department APPROVED AS TO CONTENT: 1~ nagement Services CA 11373 R-1 January 25, 2010 APPROVED AS TO CONTENT: C Finance Department APPROVED AS TO LEGAL SUFFICIENCY: City rney's Office -46- Item V-J.2. ORDINANCES/RESOLUTIONS ITEM # 59632 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT.• Ordinance to CONFIRM Declaration of a Local Emergency issued by the City Manager due to the threats posed by the January 2010 Winter storm event. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 9, 2010 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 AN ORDINANCE CONFIRMING THE DECLARATION OF A LOCAL EMERGENCY DUE TO THE THREATS POSED BY THE JANUARY 2010 WINTER STORM EVENT WHEREAS, Virginia Code § 44-146.21 authorizes the local director of emergency management to declare the existence of a local emergency, subject to confirmation by the governing body; WHEREAS, in conformity with the Commonwealth of Virginia Emergency Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), City Council, by adoption of §§ 2-411 through 2-413 of the City Code, created the Office of Emergency Management and appointed the City Manager as the Director of Emergency Management; and WHEREAS, in response to the imminent threat of damage caused by a winter storm event that began on January 29, 2010, the Acting City Manager, as the Director of Emergency Management, issued a Declaration of Local Emergency at 4:00 p.m. on January 29, 2010. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, pursuant to Virginia Code § 44-146.21, the City Council hereby confirms the Declaration of Local Emergency issued by the Acting City Manager on January 29, 2010, a copy of which is attached hereto and incorporated by reference, and hereby ends the declared emergency, effective February 2, 2010 at 6:00 a.m. Adopted by the Council of the City of Virginia Beach on the 9th day of February , 2010. APPROVED AS TO CONTENT: City Manager's Office APPROVED AS TO LEGAL SUFFICIENCY: ity A y's ice CA11379 R-2 February 3, 2010 -47- Item V-J. 3. ORDINANCES/RESOLUTIONS ITEM # 59633 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, AS AMENDED: Resolution to EXECUTE a Memorandum of Agreement between the City and the School Board re the Princess Anne County Training School Museum The Memorandum of Agreement - Princess Anne Country Training School Museum shall be AMENDED: Page 1, The Agreement shall be entered into in 2010, rather than 2009, and the Agreement shall commence on the effective date and shall continue thereafter until June 30, 2011. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None February 9, 2010 1 A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A MEMORANDUM OF 3 AGREEMENT BETWEEN THE CITY OF VIRGINIA 4 BEACH AND THE SCHOOL BOARD OF THE CITY 5 OF VIRGINIA BEACH 6 7 WHEREAS, the City of Virginia Beach ("City") and the School Board of the City of 8 Virginia Beach ("School Board") wish to enter into an agreement to construct, operate 9 and maintain the Princess Anne County Training School Museum ("Museum"), to be 10 located within the Renaissance Academy in Virginia Beach, Virginia ("Facility"); and 11 12 WHEREAS, the Facility opened in January 2010; and 13 14 WHEREAS, the Facility will house the Museum, which shall be a replica of the 15 auditorium of the historic Princess Anne County Training School that closed in 1969; 16 and 17 18 WHEREAS, the Museum is scheduled to open in May 2010; and 19 20 WHEREAS, the Museum shall be open to the public, and the City and the School 21 Board shall share responsibility for the operation and maintenance of the Museum. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 The City Manager is hereby authorized and directed to execute the 27 Memorandum of Agreement, on behalf of the City of Virginia Beach, with the School 28 Board of the City of Virginia Beach for the operation and maintenance of the Princess 29 Anne County Training School Museum. A copy of the Memorandum of Agreement is 30 attached hereto. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the nth day 33 of February , 2010. Approved as to Content: ,,~ ,~ L ~~ Department of Museums Approved as to Legal Sufficiency: - I~ c City Attorne 's Office CA11347 January 13, 2010 R-4 MEMORANDUM OF AGREEMENT FOR CONSTRUCTION, OPERATION, AND MAINTENANCE OF PRINCESS ANNE COUNTY TRAINING SCHOOL MUSEUM THIS MEMORANDUM OF AGREEMENT ("Agreement") is made and entered into this day of , 2010 ("Effective Date") by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("City"), and the SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, a political Subdivision of the Commonwealth of Virginia ("School Board") (collectively, "Parties"). WHEREAS, the Parties wish to enter into an Agreement to construct, operate and maintain the Princess Anne County Training School/Union Kempsville High School Museum ("Museum"), to be located within the Renaissance Academy in Virginia Beach, Virginia ("Facility"); and WHEREAS, the Facility has been constructed and opened in January 2010; and WHEREAS, the Facility will house the Museum, which shall be a replica of the auditorium of the historic Princess Anne County Training School that closed in 1969; and WHEREAS, the Museum shall be open to the public, and the City and the School Board shall share responsibility for the operation and maintenance of the Museum. NOW, THEREFORE, in consideration of the premises and the mutual promises herein made, the Parties hereto agree as follows: ARTICLE I. SCOPE OF PROJECT As set forth herein, the Parties agree to construct, operate and maintain the Museum. ARTICLE II. TERM The Agreement shall commence on the Effective Date and shall continue thereafter until June 30, 2011. The Agreement may be extended for four (4) successive one (1) year periods upon mutual agreement by both Parties. Extensions shall not be automatic, and any and all extensions shall be by written agreement and shall be signed by both Parties. ARTICLE III. DESIGN AND CONSTRUCTION 3.1 Design and Construction Objectives. The School Board shall cause the Museum to be designed and constructed in accordance with all applicable specifications and standards of the City of Virginia Beach. The City may designate a representative to participate in the design and construction of the Museum. The School Board shall be responsible for procurement of construction services for the Museum, and for supervising and overseeing the design and construction of the Museum. 3.2 Change Order. The School Board shall receive and coordinate all requested change orders with its construction contractor. 3.3 Permits. The School Board shall be responsible for obtaining all construction permits required for completion of the Museum. 3.4 Insurance During Construction. Insurance during construction shall be provided by the School Board. 3.5 Construction Management Responsibilities. The School Board shall manage and oversee the construction of the Museum. The School Board shall be responsible for all aspects of the construction of the Museum, and shall inspect the contractors and subcontractors work to ensure conformity with drawings, specifications, and materials, quality of workmanship, and standards of construction procedures are being carried out. 3.6 Parking. In designing the Facility, the School Board shall comply with Section 203 (a)(22) of the City of Virginia Beach's Zoning Ordinance by building not less than ten (10) parking spaces, and one additional parking space for each three hundred (300) square feet of floor area or fraction thereof of the Museum in excess of one thousand (1000) square feet, reserved specifically as "Visitor/Museum Parking." ARTICLE IV. FINANCIAL OBLIGATIONS 4.1 Construction and Design. The School Board shall have full financial responsibility for the design and construction of the Museum. 4.2 Maintenance. The School Board shall have full financial responsibility for maintenance of the Museum, as set forth in Section 8.1.1. 4.3 Utilities. The School Board shall have full financial responsibility for all utilities deemed necessary to operate the Museum. As set forth in Section 8.1.1.3, utilities shall include electrical, gas, water, sanitary sewer, heating, ventilation and air conditioning, and telephone service. 4.4 Initial Purchase of Museum Artifacts and Exhibits. The School Board shall have full financial responsibility for the initial purchase, acquisition, and/or loan of all artifacts and exhibits to be housed at the Museum. 4.5 Operation of the Museum. Upon substantial completion of the construction of the Museum, the City shall have full financial responsibility for (1) maintaining the artifacts and exhibits housed in the Museum; (2) providing staff to operate and manage the Museum; (3) providing curatorial services within the Museum; (4) operational administration of the Museum; (5) purchasing or acquiring new artifacts and exhibits; and (6) performing any upgrades to the existing artifacts or exhibits. ARTICLE V. GENERAL OBLIGATIONS 2 5.1 During the traditional school year (September through mid-June), the City agrees to operate the Museum on each day that classes are held for students at the Facility. Following the closing of the Facility in mid-June, and during the months of July and August ("Summer Months"), the City shall operate the Museum on a Tuesday through Saturday schedule that is consistent with the operation of the other historic houses operated by the City's Department of Museums. The Museum shall be open during the Summer Months for special group events, as needed. 5.2 Title to the Museum shall belong, in fee simple, to the School Board. Subject only to the approvals required by law, the School Board shall grant unto the City the right to use the Museum for the term of this Agreement. Neither the School Board nor the City shall pledge, lease or convey its interest, as referenced above, to any third party without prior written approval of the other party and such other approvals as may be required by law. 5.3 Title to all of the collections and exhibits housed within the Museum shall belong to the City. 5.4 No party to this Agreement shall be responsible for the debts of any other party arising from this Agreement. 5.5 No party to this Agreement shall be responsible or liable for the negligence or willful acts or omissions of any other party arising from this Agreement. 5.6 The School Board shall employ an Executive Director of the Renaissance Academy ("Director") who shall be responsible for managing and overseeing the day to day operations of the Renaissance Academy. 5.7 The City shall provide Museum donors with a deed of gift form that shall convey ownership of artifacts and exhibits to the City. The deed of gift form shall indicate that the artifacts and exhibits will be returned to donors, heirs, estates, etc. should the Museum cease to exist. ARTICLE VI. USE OF THE MUSEUM 6.1 The Museum shall be open to the Parties' invitees, students, and the public during operations hours established by the Parties, subject to the limitations set forth below. 6.2 Beginning on the first day that the Museum opens to the public, the City shall charge an admission fee for general admission to the museum. The admission fee shall be set by the City at a rate that is consistent with admission fees charged by the Francis Land House and/or other historic houses operated by the City. The City may charge a fee for special events held at the Museum including, but not limited to, lectures, theatrical and musical presentations, re-enactments, commemorations, and achievement programs ("Special Events"). 6.3 The Museum shall be open to the public; however, the School Board shall have priority for use of the Museum. The City shall coordinate with the Director prior to (1) 3 scheduling a Special Event at the Museum or at the Facility; or (2) leasing the Museum to the public. 6.4 Management and scheduling of the Museum shall be the responsibility of the City. As set forth in Section 6.2 above, the City shall coordinate with the Director prior to (1) scheduling a Special Event at the Museum or at the Facility; or (2) leasing the Museum to the public. The City shall require all individuals or entities desiring to lease the Museum to complete, and to submit to the appropriate School Board personnel, the Virginia Beach City Public Schools Application for Use of School Facility, attached hereto as Exhibit A. Schedules and activities in the Museum shall be communicated to the School Board by the City. 6.5 Use of Common Areas. Common areas are defined as the parking facilities, restrooms, hallways, and the Facility's schola area. Common areas may be open to the public during normal hours of operation and shall be subject to scheduling with the Director. 6.6 Gift Shop. A gift shop may be located in the Museum. The gift shop may sell, among other things, educational materials and souvenirs, and shall be staffed and operated by the City. Net income from the gift shop shall be retained by the City for goods sold by the City. The City shall not retain net income from goods sold by the Princess Anne County Training School/Union Kempsville High School Alumni Association. ARTICLE VII. MANAGEMENT AND OPERATION OF THE MUSEUM Upon substantial completion of construction of the Museum, City shall operate and manage the Museum as set forth in this Agreement. City shall design, arrange, display and maintain all artifacts and exhibits in the Museum. Except as provided in Section 8.2.1, City shall be responsible for providing all employees, including volunteers, necessary to operate and manage the Museum. City shall provide curatorial services to the Museum. City shall be responsible for managing the day-to-day administrative operations of the Museum. City shall be responsible for purchasing or acquiring new artifacts and exhibits, after substantial completion of construction of the Museum, and for performing any upgrades to the existing artifacts or exhibits. ARTICLE VIII. OPERATIONS AND MAINTENANCE 8.1 Operational Expenses, Maintenance and Repairs. As set forth herein, operational costs of the Museum shall be the joint responsibility of the City and the School Board. Operational costs shall be defined as those expenses attributable to the daily and periodic activities and general services required to operate and sustain the Museum. These costs include, but are not limited to, maintenance and operations support activities and security of the facility. 8.1.1 Maintenance and Operations Obligations. The School Board shall provide general maintenance, preventative maintenance, minor repair, custodial services, and garbage/trash removal in support of the Museum. 4 8.1.1.1 Grounds. The City of Virginia Beach shall provide day-to-day grounds maintenance of the Facility. 8.1.1.2 Trash Removal. The School Board shall provide the garbage/trash pickup for the Museum. 8.1.1.3 Utilities. The School Board shall provide utility services for the Museum, including electrical, gas, water, sanitary sewer, heating, ventilation and air conditioning, and telephone service. 8.1.1.4 Parking. The School Board shall provide routine maintenance for the Facility parking lot. The Facility parking lot shall be available for the general public to use when visiting the Museum. 8.1.1.5 Custodial. The School Board shall provide day-to-day custodial services for the Museum and the common areas. 8.2 Security for the Facility. The City and the School Board shall jointly provide security for the Museum, as set forth below. 8.2.1 On weekdays (specifically, Monday through Friday), the School Board shall be responsible for providing security for the Museum. Such security shall include, at a minimum, the School Board employing a security assistant to work at the main reception desk of the Facility during normal hours of operation of the Facility. 8.2.2 On weekends (specifically, Saturdays and Sundays), the City shall be responsible for providing security for the Museum. Such security shall include, at a minimum, a City employee or volunteer working at either the main reception desk of the Facility or inside of the Museum during normal hours of operation of the Museum. 8.2.3 Requirements for additional security to support Special Events shall be determined jointly by the City and the Director, and shall be charged on an hourly rate to the sponsoring party. The sponsoring party shall be billed for additional security on a monthly basis. 8.3 General Maintenance, Preventative Maintenance, and Repair. The School Board shall provide the day-to-day maintenance for the Museum and the common areas. 8.4 Capital Expense/Improvements. Costs for capital expenses or capital improvements of the Museum shall be the responsibility of the School Board. 8.5 Purchases of goods and/or services covered by the Parties shall be subject to the Virginia Public Procurement Act and regulations set forth in the Department of General 5 Services/Division of Purchases and Supply's Agency Procurement and Surplus Property Manual. 8.6 Each Party to this Agreement shall be relieved of the consequences of any breach, default, penalty of deficiency hereunder which results from a cause or causes beyond its control. Cause or causes which result from a substantial fault or negligence of any Party shall not be deemed beyond such Party's control. Excused causes include, without limiting the generality of the forgoing, labor disputes, civil disobedience, fire, hurricanes, earthquakes, loss of power, any act of God, and acts, actions and proceedings or regulations of any governmental authority (whether legislative, executive, administrative or judicial), but other than, as to the Parties' performance hereunder, the School Board and the City. ARTICLE IX. INSURANCE The School Board shall maintain insurance against loss or damage to the Facility and the Museum due to fire and other covered perils. The City shall maintain insurance against loss or damage to the artifacts and exhibits housed within the Museum. The Parties, at their option and at their own cost and expense, may insure their equipment and personal property against damage or destruction by fire or other casualty. The proceeds of any insurance policy of a Party arising from the damage or destruction of that Party's equipment or personal property by fire or other casualty shall belong solely to that Party. The City and School Board shall be responsible for providing liability insurance covering claims attributable to their own operations and acts or omissions of their officers, employees and agents. ARTICLE X. DEFAULTS AND REMEDIES Except as provided in Section 12.6, in the event of any failure of any Party to this Agreement to timely and fully comply with any item of this Agreement, such Party shall be in default. If such default shall continue for more than thirty (30) days after written notice thereof shall have been mailed or delivered to the defaulting Party, the noticing Party at its option, may exercise any and all rights and remedies available to it by law or equity, provided, however that nothing herein contained shall be deemed, or purport to be a waiver of the sovereign immunity of the Parties to this Agreement. ARTICLE XI. JOINT EFFORTS The Parties shall engage in joint efforts deemed beneficial to the purpose and advancement of the Museum. ARTICLE XII. MISCELLANEOUS PROVISIONS 12.1 Governing Law. This Agreement shall be governed by the laws of the Commonwealth of Virginia. 12.2 Venue. Any and all suits for any claims or for any and every breach or dispute arising out of this Agreement shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. 6 12.3 Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be an original, all of which together shall constitute but one and the same Agreement. 12.4 Notices. All notices, demands, requests and other communications required or permitted pursuant to this Agreement shall be in writing and shall be delivered in person or shall be sent by registered or certified mail, postage prepaid, return receipt requested, to the persons and at the addresses set forth below or to such other persons or addresses as the party entitled to notice shall specify: To City: Historic Resources Coordinator City of Virginia Beach Department of Museums 3131 Virginia Beach Boulevard Virginia Beach, Virginia 23452-6923 To the School Board: Office of Facilities Planning and Construction School Administration Annex Building 16 Virginia Beach, VA 23456 12.5 Recordkeeping and Accounting. Records for construction and operating budget expenditures and revenues will be maintained and audited in accordance with standard procedures of the Commonwealth of Virginia. 12.6 Modification. There may be no modification of this Agreement, except in writing executed by the authorized representatives of the City and the School Board. 12.7 It is understood and agreed between the Parties hereto that the City and the School Board shall be bound and obligated hereunder only to the extent that funds shall have been appropriated and budgeted for the purpose of this Agreement. In the event funds are not appropriated for the purpose of this Agreement, the City and/or the School Board shall immediately notify the other Party of such occurrence and this Agreement shall terminate on the last day of the fiscal year for which (an) appropriation(s) (was) were received without penalty or expense to the City and/or the School Board of any kind whatsoever. City of Virginia Beach City Manager or Designee School Board of the City of Virginia Beach Superintendent or Designee 7 Approved as to Content: ~____/' ~: 'sk Mana nent Approved as to Content: Approved as to Legal Sufficiency: . f~n ~--- J /b Office of C y Attorney Approved as to Content: Department of Museums Mu eu Chair, Princ ss e'County Training School/ Unio empsville Hi h School Alumni Association VIRGINIA BEACH CITY PUBLIC SCHOOLS APPLICATION FOR USE OF SCHOOL FACILITY 1. TO BE COMPLETED BY APPLICANTS a. b. c. d. e. Requesting organization _ Type of activity or program Name of School requested Rooms or facility requested School equipment requested f. Date(s) Hr. to be Opened: Hr. to be Opened: Date(s) g. Number of people expected Hr. to be Closed: Hr. to be Closed: Admission or Donation Charged This is to certify that I have on this day received a copy of the School Facility Use guidelines (Section 24 of the Business Manual), which I have read and fully understand my responsibilities. I certify that the proposed and planned program or meeting will be conducted on a completely non-discriminatory basis and that no person will be denied admission or attendance on basis of race or national origin. I understand the regulations governing use of the facility and hereby assume full responsibility for meeting and complying with all regulations. On signing this application, the requesting organization agrees to indemnify and hold harmless, the School Board and officials, its agents, employees, and volunteers from any and all claims arising out of the use of the school facilities, including all costs, losses, and expenses, which shall include litigation expenses and reasonable attorney's fees. Signature of Applicant Date Day Phone No. Address of Applicant Email Address: Zip Code TO BE COMPLETED BY SCHOOL PRINCIPAL 2. a. Application is: ^ Approved ^ Disapproved (if disapproved/reason stated below) b. c. d. Principal signature Custodial overtime needed? ^Yes ^ No (if yes, enter naive here) Specific instructions 3. TO BE COMPLETED BY BUSINESS SERVICES a. Application is: ^ Approved ^ Disapproved (if disapproved/reason stated below) b. Signature c. Date Check Received: Check No. Printed Name of Applicant Date: Check Date: d..CHARGES: License Fee $ Custodial Services $ TOTAL $ THIS APPLICATION IS YOUR STATEMENT PAYABLE UPON RECEIPT. MAKE CHECK PAYABLE TO: VIRGINIA BEACH CITY PUBLIC SCHOOLS Office of Business Services, Attention: School Rentals P.O. Box 6038 Virginia Beach, VA 23456 Phone (757)263-1033 Date White Copy -Principal Canary Copy - Office of Business Services Pink Copy -Applicant Rev. 8/31/09 - 48 - Item I~ J. 4. ORDINANCES/RESOLUTIONS ITEM # 59634 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinance DECLARING City property on Arctic Avenue to be EXCESS and AUTHORIZING the City Manager to execute documents to convey same to the Hampton Roads Sanitation District (HRSD) Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 9, 2010 1 2 3 4 5 6 7 8 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 AN ORDINANCE DECLARING CERTAIN PROPERTY FRONTING ON ARCTIC AVENUE EXCESS AND AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED TO CONVEY SAME TO HAMPTON ROADS SANITATION DISTRICT (HRSD) WHEREAS, the City of Virginia Beach acquired ownership by deed recorded in Deed Book 139 at Page 377 of a certain parcel of real property containing approximately 0.07 acres, located on Arctic Avenue (GPIN 2418-91-9113) near 29 Street in the City of Virginia Beach, Virginia (the "Property"); WHEREAS, the Hampton Roads Sanitation District ("HRSD") has requested that the City of Virginia Beach declare as excess and convey the Property to HRSD to combine with an adjacent parcel owned by HRSD (GPIN 2418-91-9201), upon which an existing pump station is located, in order to upgrade and expand said pump station; WHEREAS, HRSD is willing to make aesthetic improvements to the pump station to conform with the Laksin Road Gateway Design Guidelines in exchange for the City conveying the Property; and WHEREAS, the City Council is of the opinion that the Property as shown on the "LOCATION MAP SHOWING EXCESS CITY OWNED PROPERTY 0.07 ACRES, LOCATED ON ARCTIC AVENUE (GPIN 2418-91-9113)", attached hereto as Exhibit A, is in excess of the needs of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the Property is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is hereby authorized to execute a Deed and any other necessary documents to effectuate the conveyance of the Property to HRSD. Section 2. That the Property shall be conveyed in accordance with the Agreement attached hereto as Exhibit B and such other terms, conditions or modifications as may be satisfactory to the City Manager and the City Attorney. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of February , 2010. APPROVED AS TO CONTENT R L ~~~, ~r Department of Public tilities APPROVED AS TO CONTENT i ~', C.7 ,v~.L 6t~ ublic Works/Real Estate APPROVED AS TO LEGAL SUFFICIENCY City Attor ey's Office CA-11226 \\vbgov. com\DFS 1 \Applications\CityLawProd\cycom 32\Wpdocs\D012\P007\00038718. DOC R -1 Prepared: 01 /06/2010 EXHIBIT "B" HAMPTON ROADS SANITATION DISTRICT AND CITY OF VIRGINIA BEACH AGREEMENT FOR EXPANSION AND IMPROVEMENT OF ARCTIC AVENUE PUMP STATION #101 THIS AGREEMENT, between THE CITY OF VIRGINIA BEACH (CITY) and the r.~ HAMPTON ROADS SANITATION DISTRICT (I-fRSD), entered this ~_ day of October, 2009. WITNESSETH: WHEREAS, HRSD owns and operates the Arctic Avenue Pump Station on its Atlantic Trunk Interceptor Force Main, also known as Purnp Station #101, and located between the intersections of Arctic Avenue with 28th Street and with 29th Street in the City of Virginia Beach, Virginia; and WHEREAS, the CITY owns an adjoining parcel, formerly a Dominion Virginia Power Electric Substation; and 10' of the closed 20' lane; and WHEREAS, the parties agree to the transfer of the above mentioned site by the CITY to HRSD, and wish to formalize their agreement with respect to same as set forth herein; and NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. HRSD is willing to acquire from the CITY the former substation site, more particularly the parcel known as "Central Park Southern 50' of Lot 2 Bk 5 and 10' x 50' Closed Portion of 20' Ln", said site also being known by the current GPIN # 24189191130000 (the "Property"), to become a part of the adjoining HRSD parcel known as the Arctic Avenue Pump Station, also known as Pump Station # 101 and also being known by the current GPTN 24189192010000 (the Adjoining Parcel). The Property will not constitute a separate lot or parcel. Following the conveyance of the Property to HRSD, HRSD and CITY will cooperate to resubdivide the Property to incorporate the Property into the Adjoining Parcel and delete internal lot lines. 2. After the execution of this Agreement, HRSD will procure a Phase II environmental report for the Property. If the environmental assessment shows no contamination, or if contamination, indicates that the cost of environmental remediation will not be excessive in the sole discretion of HRSD, then the parties will proceed further. If the environmental report is not satisfactory, HRSD may cancel this Agreement by giving written notice to the CITY on or prior to the date that is one year after the date of full execution of this Agreement, and neither party will have any other and further liability hereunder except that HRSD will bear the cost of the Phase II envirorunental assessment. HRSD will order the report within six months and have it completed within one year. 3. HRSD, or its agents, contractors, representatives, successors and assigns shall be permitted access to the Properly for the purpose of making studies to the Property, including the Phase II set forth above. It is expressly agreed, however, that (a) such access shall be at HRSD's sole risk and expense; (b) the CITY shall not be responsible for any claims, obligations, demands, actions or suits for bodily injury or property damage by any person arising from such access or the conduct of activities on the Property by HRSD, its agents, contractors, representatives, 2 successors and assigns; and (c) neither HRSD nor any of its agents or contractors shall suffer or cause to be created any lien or encumbrance arising from such activities, and HRSD shall repair any damage to the Property resulting from such access. The obligations of this paragraph 3 shall survive settlement or termination of this Agreement. 4. Upon receipt of a satisfactory environmental report, HRSD shall obtain and attach to this Agreement, a plat or survey of the subject property. 5. In consideration of the CITY's conveyance of the Property to HRSD, HRSD agrees that it will use the Property for sewage disposal and treatment and transmission purposes and will improve the exterior appearance of its pump station site. HRSD will, at its sole cost and expense, install landscaping, fencing, awnings and aesthetic features, consistent with the CITY's "Laskin Gateway Design Guidelines" (the "Improvements"). 6. Upon approval of the environmental report, HRSD will employ an architect to draft a plan of such Improvements consistent with the Laskin Gateway Design Guidelines. If the cost of the architect, the plans and the estimated cost for construction (including the generator) are acceptable to HRSD, in its discretion, HRSD will submit same to the CITY for its approval, which shall not be unreasonably withheld. In addition, HRSD agrees to install a backup generator and to periodically evaluate on-site piping, pump and wet well capacity on an as- needed basis. 7. Upon approval of HRSD's plans, CITY will execute and deliver a Special 3 Warranty Deed conveying good title, free and clear of all liens and encumbrances, conveying fee simple title to the Property to HRSD. 8. If (a) HRSD ceases to use the Property for sewage disposal, treatment and/or transmission purposes for a period of thirty (30) days, or (b) HRSD fails to complete the Improvements within two (2) years from the date of the conveyance of the Property to HRSD, then the CITY shall have the right and option to re- acquire its Property at no charge; whereupon HRSD shall promptly re-convey the Properly back to the CITY by deed free and clear of liens and encumbrances other than (i) those encumbering the Property at the time conveyed by the CITY to HRSD, (ii) those contained in the deed from the CITY to HRSD, or (iii) those otherwise created or approved by the CITY. In the event HRSD for any reason fails or refuses to convey title back to the CITY as required herein, then the CITY shall have the right to enter upon and take possession of the Property, along with all rights and causes of action necessary to have title to the Property conveyed back to the CITY. If HRSD's improvements aze damaged by storm, act of waz or other accident or force majeure event, and HRSD elects to rebuild or replace the facilities, it shall not be deemed to have ceased to use the property and shall have a reasonable time to redesign and replace its facilities. The provisions of this paragraph 8 shall survive closing and aze continuing obligations that will be included in the Deed conveying the Property to HRSD at settlement and will run with the land. 4 9. HRSD's rights under this Agreement may not be assigned by HRSD without the CITY's written consent in its sole discretion. 10. If for any reason this Agreement is not fully performed within five (5) years, this Agreement shall be cancelled and of no further force and effect. IN WITNESS WHEREOF, the CITY has caused this AGREEMENT to be signed by the City Manager in its behalf pursuant to resolution adopted by the City Council on 20_, and the Hampton Roads Sanitation District Commission has caused this AGREEMENT to be signed in its behalf by its General Manager in accordance with authorization granted at its regular meeting held on , 20 THE CITY OF VIRGINIA BEACH, VA Approved as to Form: City Attorney By City Manager Approved as to Content: Signature Department STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: The foregoing agreement was acknowledged before me this day of ~ , 2009, by ,City Manager, City of Virginia Beach, Virginia. Notary Public My commission expires: Registration No.: 5 (This signature page is a part of the Agreement for Expansion and Improvement of Arctic Avenue Pump Station #101 between Hampton Roads Sanitation District and City of Virginia Beach.) HAMPTON ROADS SANITATION DISTRICT By General Manager STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: The foregoing agreement was acknowledged before me this ~ day of n l d -~~ 2009, by Edward G. Henifm, P.E., General Manager, .Hampton RoadsSa)n~itation District. c.~ ~ rc~ C'~ Notary Public My commission expires: CU~~~ 1~.~,0 STEVEN A. RICMENDOLLAR Registration No.: 1 ~ .~ `~L} °) trotar -ubMc Commonw.oMh of WrpNMea la~a~r "~• ~~Mmisahn FxD1~9E MOt sl, 2012 HRSDWGREEMENIIARCTIC AVE PS AGMT FINAL 10-19-09 -49- Item V-J. S. ORDINANCES/RESOLUTIONS ITEM # 59635 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, SUBSTITUTE RESOLUTION, BY CONSENT: Resolution REQUESTING the Governor to activate all available emergency and relief resources for the benefrt of homeowners impacted by "Chinese Drywall" All Members of City Council requested the Resolution. Voting.• 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 9, 2010 Requested by Mayor Sessoms, Vice-Mayor Jones, Councilmembers Davis, DeSteph, Diezel, Dyer, Henley, Uhrin, Wilson and Wood 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 A RESOLUTION REQUESTING THAT THE GOVERNOR ACTIVATE ALL AVAILABLE EMERGENCY AND RELIEF RESOURCES FOR THE BENEFIT OF HOMEOWNERS IMPACTED BY "CHINESE DRYWALL" WHEREAS, gypsum wallboard imported from China, commonly referred to as "Chinese drywall," has been associated with negative health effects and adverse effects upon electrical systems and other structural components in residences and other structures in which such drywall has been installed; and WHEREAS, City of Virginia Beach residents have suffered damages from Chinese Drywall installations in their homes; and WHEREAS, it has been documented that heat and humidity causes the Chinese drywall to release gases, which not only create a noxious odor, but also corrode copper and other metal surfaces, thereby damaging air conditioners, electrical wiring, copper plumbing, appliances and electronics; and WHEREAS, corrosion of electrical wiring can hamper the effectiveness of smoke detection and can create a risk of fire; and WHEREAS, Chinese drywall is also very friable, which means it is in a state where small particles can easily become dislodged with little friction, thus enabling them to easily enter an individual's lungs, resulting in the potential that toxic drywall particulate may remain in a structure unless the drywall is carefully and properly removed; and WHEREAS, owners of homes with Chinese drywall have alleged that they are suffering health problems due to the effects of the Chinese drywall; and WHEREAS, City residents have stated that their insurance companies have denied coverage and that their developer has refused to replace the Chinese drywall, thereby leaving them with no means with which to fund the necessary drywall repairs to avoid the health problems that they have been suffering; and WHEREAS, there is a possibility that federal funds could be made available to assist the Virginia Beach residents with their Chinese Drywall problems; and WHEREAS, the Commonwealth of Virginia may need to declare an emergency in order for such funds to be released. 43 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 44 VIRGINIA BEACH, VIRGINIA: 45 46 That the City of Virginia Beach hereby requests that the Governor of the 47 Commonwealth of Virginia, through Executive Order and/or other powers available 48 under law, activate all available emergency and relief resources and mechanisms for 49 the benefit of homeowners impacted by defective or reactive drywall, including, but not 50 limited to, requesting immediate federal assistance through the Federal Emergency 51 Management Agency ("FEMA") and any other agency of the United States Government. 52 53 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 54 BEACH, VIRGINIA: 55 56 That the City Clerk is hereby directed to forward a copy of this resolution to the 57 Governor and to each member of the City's local delegation to the General Assembly. 58 59 Adopted by the City Council of the City of Virginia Beach, Virginia, this 9th 60 day of February , 2010. APPROVED AS TO LEGAL SUFFICIENCY: r~~c~h'~~t~~~Y/lt ~°' City Attorney's Office CA11367 R-3 February 8, 2010 -50- Item V-J. 6. ORDINANCES/RESOLUTIONS ITEM # 59636 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned right-of--way for STEVEN G. ROSE to construct and maintain a pier, bulkhead and boat ramp into Pike Inlet at 325 Teal Crescent (DISTRICT 7 -PRINCESS ANNE) The following conditions shall be required: 1. For the consideration of One Dollar 01.00), 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. 2. 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 3. 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, Grantee shall bear all costs and expenses of such removal. 4. 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. 5. It is further expressly understood and agreed that the Grantee shall indemn~, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 6. 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. 7. 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. 8. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit ). February 9, 2010 -51- Item V-J. 6. ORDINANCES/RESOLUTIONS ITEM # 59636 (Continued) 9. It is further expressly understood and agreed that the Grantee shall make a SIX HUNDRED SEVENTY-FIVE DOLLAR ($675.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required fifteen (1 S) foot-wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City-owned property. 10. It is further expressly understood and agreed that the Grantee shall establish and maintain three (3) trees (the "Buffer') of a size and species of the Grantee's choice, as long as the trees are native trees, to be planted fifteen (15) feet landward of the bulkhead near the north property line. The Buffer shall not be established during the months of June, July or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer, to the Department of Planning to insure completion of the required Buffer. The Grantee shall note the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. 11. It is further expressly understood and agreed that the Grantee must obtain and keep in force all- risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500, 000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachment. 12. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 13. 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. February 9, 2010 -52- Item V-J. 6. ORDINANCES/RESOLUTIONS ITEM # 59636 (Continued) Voting.• 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 9, 2010 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 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF A VARIABLE WIDTH CANAL ON CITY PROPERTY KNOWN AS PIKE INLET LOCATED AT THE REAR OF 325 TEAL CRESCENT, FOR PROPERTY OWNER STEVEN G. ROSE WHEREAS, STEVEN G. ROSE desires to construct and maintain a pier, bulkhead and boat ramp upon a portion of a variable width canal on City property known as Pike Inlet located at the rear of 325 Teal Crescent, in the City of Virginia Beach, Virginia; and WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, STEVEN G. ROSE, his heirs, assigns and successors in title are authorized to construct and maintain temporary encroachments for a pier, bulkhead and boat ramp in a portion of the City's property as shown on the map marked Exhibit "A" and entitled: "ENCROACHMENT REQUEST - `EXHIBIT A' FOR STEVEN G. ROSE, SANDBRIDGE SHORES NORTH SECTION 1-B LOT 68 (M.B. 103 PG. 24) PA SANDBRIDGE DISTRICT SHEET 1 OF 1 DATE: AUG. 12, 2009," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and STEVEN G. ROSE (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as STEVEN G. ROSE and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9~-h day of FPh,-„ark , 2010. CA-11221 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA11221 Rose Ordiance.doc V:\applications\citylawprod\cycom32\W pdocs\D014\P007\00039165. DOC R-1 PREPARED: 1/15/2010 APPROVED AS TO CONTENTS ~; P LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM 1 N RMEYER, ASSISTANT CITY ATTORNEY 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 18th day of September, 2009, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and STEVEN G. ROSE, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 68" as shown on that certain plat entitled: "SANDBRIDGE SHORES SECTION 1 B NORTH PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 103, at page 24, and being further designated, known, and described as 325 TEAL CRESCENT, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a pier, bulkhead and boat ramp, collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of a variable width canal on City property known as Pike Inlet, the "Encroachment Area"; and G P I N: 2433-16-7395-000 0 2433-16-9348-0000 (City Property-Canal) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT REQUEST - `EXHIBIT A' FOR STEVEN G. ROSE, SANDBRIDGE SHORES NORTH SECTION 1-B LOT 68 (M.B. 103 PG. 24) PA SANDBRIDGE DISTRICT SHEET 1 OF 1 DATE: AUG. 12, 2009," 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 a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall make a SIX HUNDRED SEVENTY-FIVE DOLLARS ($675.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15- foot-wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City-owned property. 3 It is further expressly understood and agreed that the Grantee shall establish and maintain three (3) trees (the "Buffer") of a size and species of the Grantee's choice, as long as the trees are native trees, to be planted fifteen (15) feet landward of the bulkhead near the north property line. The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. 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 force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 4 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, STEVEN G. ROSE, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2010, 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 2010, 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) 6 ~~~~'rz- ., ~, Steven G. Rose ~~ ,:. , F -~i GOy~,t'G1",y~ ~~' ~~-~icir, l~Z~''Gs'i/ZA C . to-wit: The foregoing instrument was acknowledged before me this / ~~ day of _~ ~:f ~i~.'~ ~~ , 2009, by Steven G. Rose. ~~ Notary Public ~~,,~,~,~-~ ~ ~-~- <<Si Notary Registration Number: IZr~7~ My Commission Expires: _ `l ~C ~' „~C~'i~fJ APPROVED AS TO CONTENTS ~ ~ ; .~~t 111 ~s ~' '~tUc<,~ ~-~ SI NATURE ~>u.? Kr~1 t ~~r~~ DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM D A HARM, ASSISTANT CITY ATTORNEY 7 ~ Q- ' ~ J PIKE INLET MAN-MADE CANAL ~ ~ ~' N/F CITY OF VIRGINIA BEACH ~ QC~• -+-FLOOD -.- EEB GPIN: 2433-16-9348 O~Q.o„~ M.B. 103 PG. 24 ~~ ~ PRO POSED ~~~ 12' VINYL BULKHEAD PROPOSED PROPOSED 0 ui _...A 1 TOP OF BANK - v IPF ~~ c~ .-- _ ~r7 r- c~ ~ r- z ~a~~ ~I ~ ~~ O=N~ ~ d. Qa z m //yh 4 ~ J Q z 732.19' TO BLUEBlLL DR. . '° .f•f ~ ~~~'r ~~ '2 v VIN E. SWAN ER > UC. Na. 005478 ~ o ~ • ~S • oat B 4,~,~ ~-- .. -... ~ iWlro~r~ 101 VINYL N PIER BULKHEAD ~ 32' ,,, 12 ..~-.r•• N ~.-- _.. .. ' •-- s ~ 1o~'J-: - N 49"12' E 125' PROPOSED 10.2' x 12' STONE FILLED GEOWEB BOAT RAMP .~ b -;' ?S ~ ~ ~ ' 2S ~ 0 3 O . ~ ~ 4 ° N `t w N z ~ n ~ , •a, ~ °' 68 z LOT 69 ' y~Q' • • - ° N/F RICHARD WILCOX ~<v ; GPIN: 2433-16-7215 , . Q~ s GPIN: 2433-16-7395 D.B. 4203 PG. 429 , # 200404020052503 _ ' ~~' ZONED: R-15 ' O a rPF • • ~ . 1PF IPF ''_ °• N 49'12' E 89' R=150' ' ~ L=19.18' _. ` ~ TEAL CRESCENT (50') PLAN VIEW SCALE 1" = 30' C) 2009 WATERFRONT CONSULTING, fNC. ALL RIGHTS RESERVED. WATERFRONT ENCROACHMENT REQUEST - 'EXHIBIT A' 111`2,O,INEN~ wNv~'s~ sos FOR VIRGINIA BEACH, VA 23451 PH: 757 425-8244 FAX 757 216-6687 STEVEN G. ~ ROSE ENGINEERING SERVICES PROVIDED BY• SANDBRtDGE SHORES NORTH SECTION 1-B LOT fib SEA 7DESI~ !~ IP~~R'~NC. (M.B. 103 PG. 24) PA SANDBRIDGE DISTRICT VIRGINIA BEACH. vA 23462 SHEET 1 OF ? DATE: AUG. 12, 2009 PHONE: (757) 467-7486 -53- Item V-J. 7a/b/c ORDINANCES/RESOLUTIONS ITEM # 5963 7 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: a. $115, 079 in excess Four for-Life program funds from the Virginia Department of Health, Office of Emergency Medical Services re qual wing training and equipment for the Department of Emergency Medical Services (EMS) b. $997, 400 from the Fire Programs Special Revenue Fund as a substitute funding source for State Fire Program revenues in various Fire Grants in the Grants Consolidated Fund and $173,200 for the Fire Training Center improvements -Phase III as a financial housekeeping measure c. $162, 482 from the Virginia Department of Fire Programs to Fire Training Center Improvements -Phase III d. $1, 500, 000 from U.S. Department of Homeland Security to cover expenses in conjunction with deployment of FEMA i~A-TF 2 Urban Search and Rescue Team to Haiti Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent.• None February 9, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE VIRGINIA DEPARTMENT OF HEALTH, OFFICE OF EMERGENCY MEDICAL SERIVCES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Funds in the amount of $115,079 are hereby accepted from the Virginia Department of Health, Office of Emergency Medical Services and appropriated, with estimated state revenues increased accordingly, to the FY 2008-09 EMS State Four- For-Life Grant in the Grants Consolidated Fund of the FY 2009-10 Operating Budget for rescue, medical and training purchases. Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of FP rLary , 2010. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content ~, Management Services Approved as to Legal Sufficiency City o s i CA11368 R-2 January 22, 2010 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 TO APPROPRIATE FUNDS FROM THE FUND BALANCE OF THE FIRE PROGRAMS SPECIAL REVENUE FUND TO FIRE DEPARTMENT GRANTS IN THE GRANTS CONSOLIDATED FUND AND TO APPROPRIATE FUNDS TO CAPITAL PROJECT #3-133, FIRE TRAINING CENTER IMPROVEMENTS -PHASE III BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1) That $997,400 of estimated revenue from Virginia Fire Programs Fund is hereby decreased. 2) That $997,400 from the Fund Balance of the Fire Programs Special Revenue Fund is hereby appropriated, with estimated revenues increased accordingly, to the Grants Consolidated Fund in the following amounts: a. $913,751 to the Fire Programs Grant FY 09; and b. $1,091 to the Fire Programs Training Mini Grant FY 09; and c. $82,557 to the FEMA Assistance to Firefighters Grant '08 ECG Monitor and Driving Simulator FY 09. 3) That $173,200 from the Fund Balance of the Fire Programs Special Revenue Fund is hereby appropriated, with estimated revenues increase accordingly, to Capital Project #3-133, Fire Training Center Improvements - Phase III. Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of FPhruar~ , 2010• Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Conte -` ~,, ~~ W ~J"~ Management Service: Approved as to Legal Sufficiency t City ey's Office CA11376 R-2 February 1, 2010 ~....... 4~~~~ CITY OF VIRGINIA BEACH AGENDA ITEM -- ITEM: An Ordinance to Appropriate Funds from the Fund Balance of the Fire Programs Special Revenue Fund to Fire Department Grants in the Grants Consolidated Fund and to Appropriate Funds to Capital Project #3-133, Fire Training Center Improvements -Phase III MEETING DATE: February 9, 2010 ^ Background: Annually, the Fire Department receives approximately $1.1 million from the State of Virginia, Department of Fire Programs under the Virginia Fire Programs Fund/Aid to Localities program, which pays for improvements in fire services, such as training, fire training facilities, fire prevention and public safety education programs; emergency medical care and equipment for fire personnel; personnel costs, vehicles, equipment and supplies for use to provide fire services. These funds cannot be used to supplant local funding for current fire services. Prior to FY 2008-09 these monies were budgeted and deposited in the Fire Programs Special Revenue Fund. In FY 2008-09, this Special Revenue Fund was eliminated, and State Fire Programs revenues were appropriated as an annual grant in the Grants Consolidated Fund. For FY 2008-09, $1,000,000 was initially budgeted. However $1,157,260 was received. The Fire Programs Special Revenue Fund remained open in the City's financial system until its fund balance of $2,028,599 could be transferred in the FY 2009-10 CIP to the Capital Project #3-133, "Fire Training Center Improvements -Phase III." Thereafter, the Department of Finance was to close out this Special Revenue Fund in the City's financial system. ^ Considerations: This ordinance will resolve the outstanding accounting issues related to the discontinuance of the Fire Programs Special Revenue Fund, including the correction of a deposit of $1,157,260 into the Special Revenue Fund instead of the Grants Consolidated Fund that occurred in FY 2008-09. These revenues lapsed into the fund balance of this Special Revenue fund and are available for appropriation to replace the existing financing sources budgeted in the grants shown below. Additionally, the Department of Finance wishes to close the Fire Programs Special Revenue Fund, so the remaining fund balance is recommended to be appropriated to Capital Project #3-133, "Fire Training Center Improvements -Phase III" to accumulate funds for the next project at the Training Center. Examples of proposed projects include parking lot expansion, main classroom and administration building expansion, amulti-purpose building to include the burn building control room, a "dirty" classroom, health and safety training area, multi- purpose training tower, and numerous outside training prop areas for hazmat training, technical rescue training, and heavy apparatus emergency vehicle operator training. Existing Revenue Revenue Source Grantor Project Name Source to be Chan ed to Amount Fire Programs Grant FY09 State Fire Transfer from $ 913,751.20 Programs State Fire Fund Programs Special Revenue Fund - Fund Balance Fire Programs Training Mini Grant FY09 FEMA Assistance to Firefighters Grant '08 ECG Monitor and Driving Simulator FY09 Sub-total - Fund Balance to Appropriate in the Grants Consolidated Fund State Fire Programs Fund Transfer from State Fire Programs Special Revenue Fund - Fund Balance Transfer from State Fire Programs Special Revenue Fund - Fund Balance 1,091.80 82, 557.00 State Fire Programs Fund Appropriate Remaining Fund Balance to: Capital Project #3-133, "Fire Training Not Center Improvements - Phase III" applicable Total Fund Balance to Appropriate Transfer from State Fire Programs Special Revenue Fund - Fund Balance $ 997,400.00 173, 200.56 170,600.56 ^ Public Information: Public information will be handled through the normal Council agenda process. ^ Alternatives: If these funds are not appropriated and revenue sources are not changed in these grants, the grants will have uncollectible revenues and the Fire Programs Special Revenue Fund cannot be closed out in the City's financial system. ^ Recommendations: Appropriate the fund balance from the Fire Programs Special Revenue Fund to provide $997,400 as a substitute funding source for State Fire Programs revenues in various Fire Department grants in the Grants Consolidated Fund, and appropriate $173,200 to Capital Project # 3-133, Fire Training Center Improvements -Phase III. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department ~~ City Manager: ~ ~ . c~ 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF FIRE PROGRAMS TO CAPITAL PROJECT #3-133, FIRE TRAINING CENTER IMPROVEMENTS, PHASE III BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $162,482 is hereby accepted from the Virginia Department of Fire Programs and appropriated to Capital Project #3-133, Fire Training Center Improvements, Phase III, with estimated State revenues increased accordingly, for future expansion projects. Adoppted by the Council of the City of Virginia Beach, Virginia on the 9th day ofFebruat~010. Requires an affirmative vote by a majority of all of the members of City Council. Approved ~s to Content ~ ~ . Management Services Approved as to Legal Sufficiency • Cit ey's Office CA11377 R-1 January 26, 2010 i y,¢"~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Fire Programs to Capital Project #3-133, Fire Training Center Improvements, Phase III MEETING DATE: February 9, 2010 ^ Background: Annually, the Fire Department receives approximately $1.1 million from the State of Virginia, Department of Fire Programs under the Virginia Fire Programs Fund/Aid to Localities program, which pays for improvements in fire services, such as training, fire training facilities, fire prevention and public safety education programs; emergency medical care and equipment for fire personnel; personnel costs, vehicles, equipment and supplies. These funds cannot be used to supplant local funding for current fire services. State Fire Programs allocations are budgeted as annual grants in the City's Operating Budget, of which $400,000 has previously been allocated to Capital Project #3- 133, Fire Training Center Improvements -Phase III. ^ Considerations: During the budget process an estimate is made of the amount of funds that will be received from the State. Additional funds received must be appropriated by Council. The estimate for FY 2009-10 Fire Programs Grant in the Fire Department's Operating Budget was $1,010,757. However, actual revenue received was $1,173,239. The Fire Department wishes to allocate the additional $162,482 to Capital Project #3-133, Fire Training Center Improvements -Phase III, to accumulate funds for the next project at the Training Center. Examples of proposed projects include parking lot expansion, main classroom and administration building expansion, amulti-purpose building to include the burn building control room, a "dirty" classroom, health and safety training area, multi- purpose training tower, and numerous outside training prop areas for hazmat training, technical rescue training, and heavy apparatus emergency vehicle operator training. ^ Public Information: Public information will be handled through the normal Council agenda process. ^ Recommendations: Accept and appropriate $162,482 of State Fire Programs grant funds to Capital Project # 3-133, "Fire Training Center Improvements -Phase III." ^ Attachments: Ordinance Recommended Action: Approval ~, Submitting Department/Agency: Fire Department City Manager ~\~ ~ ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY TO THE FY 2009-10 OPERATING BUDGET OF THE FIRE DEPARTMENT FOR THE DEPLOYMENT OF THE VIRGINIA TASK FORCE-2 (VA-TF2) URBAN SEARCH AND RESCUE TEAM TO HAITI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds in the amount of $1,500,000 from the U.S. Department of Homeland Security, Federal Emergency Management Agency are hereby appropriated, with estimated federal revenues increased accordingly, to the FY 2009-10 Operating Budget of the Fire Department for costs related to the deployment of VA-TF2 Team for the Haiti Earthquake. Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of February , 2010. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content Approved as to Legal Sufficiency ~~~ ~~ . Management Services Ci ey's Office CA11369 R-2 January 22, 2010 -54- Item V-J.8 ORDINANCES/RESOLUTIONS ITEM # 59638 ADD-ON Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Resolution of the City Council and School Board seeking the support of local, civic, business and political leaders SUPPORTING the proposed freeze of the Local Composite Index for FY 2011 Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 9, 2010 1 A RESOLUTION IN SUPPORT OF THE PROPOSED 2 FREEZE TO THE LOCAL COMPOSITE INDEX FOR 3 FISCAL YEAR 2011 4 5 WHEREAS, City Council and the School Board of the City of Virginia Beach, in 6 partnership with the entire community, are committed to providing ahigh-quality and 7 cost-effective education for all students; and 8 9 WHEREAS, the School Board of the City of Virginia Beach receives 10 approximately 55% of their funding from the Commonwealth of Virginia, which is based 11 on the Local Composite Index (LCI), the formula used to determine State and Local 12 shares of K-12 education costs; and 13 14 WHEREAS, Governor Tim Kaine's Proposed State Biennial Budget as 15 introduced on December 18, 2009, proposes to "freeze" the Local Composite Index for 16 Fiscal Year 2011, resulting in a cost savings of approximately $29 million for the 17 Commonwealth of Virginia; and 18 19 WHEREAS, newly elected Governor Robert McDonnell has recently 20 recommended unfreezing the Local Composite Index, thereby negatively impacting 21 Virginia Beach City Public Schools by almost $15 million less State Education Aid; and 22 23 WHEREAS, the sixteen school districts represented in the Hampton Roads 24 Planning District (Chesapeake, Franklin, Gloucester County, Hampton, Isle of Wight 25 County, James City County, Newport News, Norfolk, Poquoson, Portsmouth, 26 Southampton County, Suffolk, Surry County, Virginia Beach, Williamsburg, and York 27 County) would lose a combined $58.4 million in State Education Aid; and 28 29 WHEREAS, a total of ninety-seven school districts across the state would lose 30 State Education Aid if the current proposed freeze is undone. 31 32 NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 1. That City Council seeks the support of local community, civic, business, 36 and political leaders to support the proposed freeze to the Local Composite Index for 37 Fiscal Year 2011. 38 39 2. That City Council urges the members of the Virginia Beach Delegation to 40 support the proposed freeze to the Local Composite Index for Fiscal Year 2011. 41 42 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 43 BEACH, VIRGINIA: 44 45 That the City Clerk is hereby directed to forward a copy of this resolution to the 46 Governor, Virginia's Superintendent of Public Instruction, Dr. Patricia Wright, each 47 member of the City's local delegation to the General Assembly, and the members of the 48 School Board of the City of Virginia Beach. 49 50 Adopted by the City Council of the City of Virginia Beach, Virginia on this nth day 51 of Februar~L010. APPROVED AS TO LEGAL SUFFICIENCY: -~~~~~~ City Attorney's Offi CA11382 R-1 February 9, 2010 -55- ITEM # 59639 K. PLANNING 1. MARK W. and LAUREL N. LLOBELL 2. LAURIE RICHARDS -GREEN PARROT GRILLE/ KAYBURTON 3. BRUCE AND VIRGINIA RADER 4. THE REBKEE COMPANY/JONES REAL ESTATE INVESTMENT COMPANY, LLC S. REED ENTERPRISES 6. BONNEY G. BRIGHT 7. TUEE KNOW HIM NEW BIRTH FULL GOSPEL MINISTRIES/J. G. NORTON & SON CONSTRUCTION 8. JC'S PLACE/D.E. BONNEY 9. CITY OF VIRGINIA BEACH NONCONFORMING STRUCTURE NONCONFORMING STRUCTURE NONCONFORMING STRUCTURE MODIFCATION OF PROFFERS (APPROVED SEPTEMBER 8, 2009) MODIFICATION OF PROFFERS (Approved 2/23/1999) CONDITIONAL USE PERMIT STREET CLOSURE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT City Zoning Ordinance (CZO): AMEND ~I11 re definition of adult bookstores AMEND X111 and x'401 and ADD ¢209.1 re "Farm Winery" regulations AMEND ,¢111 and ADD X217 re requirements for monument and electronic display signs February 9, 2010 -56- v x. PLANNING ITEM # 59640 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED in ONE MOTION Items 1, 3, 4 (DEFERRED), S, 6, 7 (WITHDRAWN), 8, 9a/b, and 9c (DEFERRED INDEFINITELY). Item 4 (THE REBKEE COMPANY/JONES REAL ESTATE INVESTMENT COMPANY, LLC) shall Be DEFERRED, BY CONSENT, until the City Council Session of February 23, 2010. Voting.• 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Mayor Sessoms DISCLOSED as an Officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. Mayor Sessoms ABSTAINED on Item K.1 (MARK W. and LAUREL N. LLOBELL) and Item K. 6. (BONNEY G. BRIGHT). February 9, 2010 -57- Item V-K.1. PLANNING ITEM # 59641 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, application of MARK W. and LAUREL N. LLOBELL for a Noncon orming Structure to replace a detached garage apartment at 112 69`" Street BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Resolution Authorizing the enlargement of a Nonconforming Structure upon application of MARK W. and LAUREL N. LLOBELL to replace a detached garage apartment at 112 69`" Street, GPIN #24197418800000 DISTRICT S - LYNNHAVEN DISTRICT The following conditions shall be required: The site shall be redeveloped substantially as shown on the exhibit entitled, "CONCEPTUAL SITE PLAN LLOBELL RESIDENTIAL DEVELOPMENT, 112 69`" STREET, VIRGINIA BEACH, VIRGINIA, "prepared by WPL, dated November 13, 2009, which has been exhibited to the City Council and is on file in the Planning Department with the exception that the proposed two-story cottage shall provide two (2) off-street parking spaces with a minimum turning radius of twenty- four (24) feet or as otherwise deemed acceptable by the Planning Director during final site plan review. 2. The exterior of the dwelling unit proposed to replace the existing two-story, detached garage apartment shall substantially adhere to the submitted elevation entitled, "PROPOSED REAR COTTAGE ELEVATION, "prepared by WPL, dated November 13, 2009, in terms of architectural style and building materials, which have been exhibited to the City Council and are on file in the Planning Department. 3. The application shall provide a Tree Protection Plan to the current Planning Division of the Planning Department for review prior to the issuance of a building permit for either dwelling February 9, 2010 -58- V-K.1. PLANNING ITEM # 59641 (Continued) Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Mayor William D. Sessoms, Jr., Council Members Absent: None Mayor Sessoms DISCLOSED as an Officer of TowneBank (which has a corporate office located at 29? Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. Mayor Sessoms ABSTAINED on Item K 1 (MARK W. and LAUREL N. LLOBELL). February 9, 2010 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT 2 OF A NONCONFORMING USE ON PROPERTY 3 LOCATED AT 112 69t" STREET OWNED BY MARK W. 4 & LAUREL N. LLOBELL 5 6 WHEREAS, Mark W. and Laurel N. Llobell, (hereinafter the "Applicants") have 7 made application to the City Council for authorization to enlarge a nonconforming use 8 having the address of 112 69t" Street, in the R-5R Resort Residential District, by 9 replacing an existing nonconforming detached garage apartment located on the same 10 parcel with asingle-family dwelling; and 11 12 WHEREAS, the said garage apartment is nonconforming, as it is located on the 13 same parcel as another dwelling unit in the R-5R Zoning District, which does not allow 14 two dwelling units on the same parcel; and 15 16 WHEREAS, the use was commenced prior to the adoption of the applicable 17 regulations; and 18 19 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 20 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 21 City Council authorizing such action upon a finding that the proposed use, as enlarged, 22 will be equally appropriate or more appropriate to the zoning district than is the existing 23 use; 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the City Council hereby finds that the proposed use, as enlarged, will be 29 equally appropriate to the district as is the existing use under the conditions of approval 30 set forth hereinbelow. 31 32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 33 BEACH, VIRGINIA: 34 35 That the enlargement of the nonconforming use is hereby authorized, upon the 36 following conditions: 37 38 1. The site shall be redeveloped substantially as shown on the exhibit entitled, 39 "CONCEPTUAL SITE PLAN LLOBELL RESIDENTIAL DEVELOPMENT, 112 40 69T" STREET, VIRGINIA BEACH, VIRGINIA," prepared by WPL, dated 41 November 13, 2009, which has been exhibited to the City Council and is on file in 42 the Planning Department with the exception that the proposed two-story cottage 43 shall provide two off-street parking spaces with a minimum turning radius of 24 44 feet or as otherwise deemed acceptable by the Planning Director during final site 45 plan review. 46 47 48 49 50 51 52 53 54 55 56 57 58 59 2. The exterior of the dwelling unit proposed to replace the existing two story, detached garage apartment shall substantially adhere to the submitted elevation entitled, "PROPOSED REAR COTTAGE ELEVATION," prepared by WPL, dated November 13, 2009, in terms of architectural style and building materials, which have been exhibited to the City Council and are on file in the Planning Department. 3. The applicant shall provide a tree protection plan to the Current Planning Division of the Planning Department for review prior to the issuance of a building permit for either dwelling. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9t-h day of February , 2010. APPROVED AS TO CONTENT Planning De rtment APPROVED AS TO LEGAL SUFFICIENCY: '~ t, City Attorney's Office CA11370 R-1 January 22, 2010 -59- V-K.2. PLANNING ITEM # 59642 The following registered: Attorney Gary C. Byler, represented the applicant, Phone: 490-8094, AND requested the application be DEFERRED 30 days or WITHDRAWN. A sound proofing system was offered before the Civic League. The neighbors did not concur with the DEFERRAL. The residents in attendance also objected to the DEFERRAL. Leroy L. Burton, 4494 Lookout Road, Phone: 692-7707, owner of the property since 1977. Mr. Burton's photographs depicted an awning on the building with his children posing in front of the operation. Said photographs are hereby made a part of the record. His operation (known as Frankie's) was a very family friendly restaurant. John and Cindy Huls, 4485 Lookout Road, expressed concern with the noise from the deck till 2: OOA.M. Their residence is within 72 feet of the building. Their home was purchased in 1998 when the building was a restaurant that closed at 9:00 P.M. Green Parrott is now open from early in the morning until late in the evening. Laurie Richards, 4625 Lookout Road, took over the Green Parrot approximately three (3) and one-half years ago. Mr. Burton had advised Frankie's always had an outdoor patio with seating. Frankie's did service the Moose Club and many professional organizations. Ms. Richards did not believe there was an issue with making the fencing safer and sturdier. ABC is requiring them to keep this particular area entirely enclosed. Entertainment is only three (3) nights a week (acoustic). Ms. Richards presented a petition containing five hundred (500) signatures in SUPPORT of their application. Said petition is hereby made a part of the record. Claude Bailey, 4532 Lake Drive, Phone: 449-5925, spoke in SUPPORT and advised the application would allow a roof over the outdoor dining area which would be more comfortable in the Winter. Gary Bell, 4520 Guam Street, Phone: 672-1492, spoke in SUPPORT of the application. Catherine Girard, 4486 Lookout Road, Phone: 460-2708, was in OPPOSITION and did not mind the restaurant, but she has regularly been awakened at two o'clock from the noise. Charles Coomby, 4490 Lookout Road, Phone: 363-7828, was in OPPOSITION and concerned re safety on Lookout Road. This area is one of the most densely populated areas in the City. Sharon Glenn, 4491 Lauderdale Avenue, Phone: 233-8668, was OPPOSED, and has lived behind the bar for two (2) years and because of the noise has dijfculty sleeping at night. Ginger Ferris, 4336 Lookout Road, Phone: 460-4610, OPPOSED and advised the Green Parrot is totally incompatible with Chesapeake Beach. Ms. Ferris suggested a more appropriate location. Judy Johnson, 4492 Lookout Road, Phone: , OPPOSED, concerned with noise and vulgar behavior. Matt and Holly Froehler, OPPOSED, 4481 Lookout Road, Phone: 729-4100 , Phone: 235-3692, Parking is a safety hazard. February 9, 2010 -60- V-K.2. PLANNING ITEM # 59642 (Continued) Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council DENIED application of LAURIE RICHARDS -GREEN PARROT GRILLE/KAY BURTON for Expansion of a Nonconforming Structure to allow outdoor patio dining at 4494 Lookout Road. Resolution Authorizing the enlargement of a Nonconforming Use on property located at 4494 Lookout Road owned by KAY BURTON and operated by LAURIE RICHARDS T/A GREEN PARROT GRILLE GPIN #15707114510000 DISTRICT 4 - BAYSIDE DISTRICT Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 9, 2010 -61- Item V-K.3. PLANNING ITEM # 59643 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, application of BRUCE and VIRGINIA RADER for the Expansion of a Noncon orming Structure to allow an addition at 307 SSr" Street BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Resolution Authorizing the enlargement of a nonconforming use re application of BRUCE and VIRGINIA RADER for the Expansion of a Nonconforming Structure to allow an addition at 307 SSTH Street, GPIN #24197010820000 DISTRICT 5 - LYNNHAVEN DISTRICT The following condition shall be required: 1. The proposed addition shall be constructed substantially in accordance with the submitted plans entitled "PLANS PREPARED FOR RADER RESIDENCE ", dated September 29, 2009, and prepared by Crow, Miller & Mayfield Architectural Design Group. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 9, 2010 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 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE ON PROPERTY LOCATED AT 307 55tH STREET OWNED BY BRUCE RADER WHEREAS, Bruce Rader (hereinafter the "Applicant") has made application to the City Council for authorization to enlarge a nonconforming use having the address of 307 55tH Street, in the R-5R Resort Residential District, by enlarging one of the nonconforming single-family dwellings located on the site; and WHEREAS, the said single-family dwelling is nonconforming, as it is located on the same parcel as another single family dwelling and a guest house in the R-5R Zoning District, which does not allow more than one single-family dwelling on the same parcel; and WHEREAS, the use was commenced prior to the adoption of the applicable regulations; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the enlargement of a nonconforming use is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed use, as enlarged, will be equally appropriate or more appropriate to the zoning district than is the existing use; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed use, as enlarged, will be equally appropriate to the district as is the existing use under the condition of approval set forth hereinbelow. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the enlargement of the nonconforming use is hereby authorized, upon the following condition: The proposed addition shall be constructed substantially in accordance with the submitted plans entitled "PLANS PREPARED FOR RADER RESIDENCE", dated September 29, 2009, and prepared by Crow, Miller & Mayfield Architectural Design Group. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of February , 2010. APPROVED AS TO CONTENT: %~ -----7 Planning D a ent CA11372 R-1 January 25, 2010 APPROVED AS TO LEGAL SUFFICIENCY: f ~f ~~~~1~ City Attorney's Office -62- Item V-K.4. PLANNING ITEM # 59644 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council DEFERRED , BY CONSENT, until the City Council Session of February 23, 2010, application of THE REBKEE COMPANY/JONES REAL ESTATE INVESTMENT COMPANY, LLC re Modification off' Pro ers (previously approved by City Council on September 8, 2009) for a change in the building site layout at 2236-2240 General Booth Boulevard Ordinance upon application of THE REBKEE COMPANY/JONES REAL ESTATE INVESTMENT COMPANY, LLC for Modi tcation of Pro ers (previously approved by City Council on September 8, 2009) for a change in the building site layout at 2236-2240 General Booth Boulevard, (GPIN # 24140677150000; 24140676840000) DISTRICT 7 -PRINCESS ANNE Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 9, 2010 - 63 - Item V-K. S. PLANNING ITEM # 59645 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED Ordinances upon application of REED ENTERPRISES re an auto repair shop at Princess Anne Road and South Plaza Trail for Modification o~Proffers and added conditions (previously approved by City Council on February 23, 1999), to a Conditional Use Permit re an automobile repair establishment: BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinances upon application of REED ENTERPRISES re an auto repair shop at Princess Anne Road and South Plaza Trail for Modi rcation of Pro, ffers and added conditions (previously approved by City Council on February 23, 1999), to a Conditional Use Permit re an automobile repair establishment. DISTRICT 2 - KEMPSVILLE 8021035394 The following condition shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. The Conditional Use Permit shall require the following conditions: 1. A re-subdivision plat shall be recorded to vacate the existing property line and establish the new property line as depicted on the exhibit entitled, "Preliminary Layout Plan of Commercial Property at 4464 Princess Anne Road for Reed Enterprises, Inc., "prepared by Land Design and Development, Inc., dated October 10, 2009. 2. The design of the vehicular access to the parcel proposed for the motor vehicle parts and service shall be modified to adhere to the City's Public Works Specifications and Standards. 3. To ensure compatibility in scale and design with the residential uses in the vicinity, any freestanding sign associated with Parcel Bl shall be monument style and limited to eight (8) feet in height. 4. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded and focused way from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. No pole mounted lighting shall be utilized on the southern/back half of the property. Only building-mounted or fence- mounted pack lights may be used. February 9, 2010 -64- Item V-K. S. PLANNING ITEM # 59645 (Continued) S. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole-mounted and building-mounted lighting fixtures with the listing of lamp type, wattage and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The Plan shall include provisions for implementing low-level security lighting for non-business hours. 6. No outdoor vending machines and/or display of merchandise shall be allowed. 7. The hours of operation for the business shall be limited to 8: 00 A.M. to 6:00 P. M. Monday through Friday; 8: 00 A.M. to 5:00 P.M. on Saturday and closed on Sunday. 8. The dumpster On-site shall not be tipped between the hours of 9:00 P.M. and 7: 30 A.M. 9. No vehicles shall be stored or parked after operating hours outside the building on the southern/back half of the property. 10. No parts or materials shall be stacked or stored outside the building at any time. 11. The bay doors to the service area on the East side of the building shall remain closed and used only as a means of emergency ingress/egress. 12. Vehicular ingress/egress in and out of the service area of the building shall be via the bay doors on the West side of the building and all bay doors shall be closed whenever a pneumatic drill or similar tool is in use. 13. All storm water generated onsite shall be filtered through an oil/water separator to be installed and maintained On-site prior to discharge into the storm water management facility. 14. An eight (8) foot, white vinyl, privacy fence shall be installed approximately six (6) inches inside and along the rear (South) and East side property lines of Parcel B1 (Tire Center Parcel). The fence shall terminate at the back corner of the Parts/Retail portion of the building on Parcel BI. These Ordinances shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth of February Two Thousand Ten February 9, 2010 -65- Item V-K. S. PLANNING ITEM # 59645 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 9, 2010 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7602 TO: Mark D. Stiles FROM: B. Kay Wilson DATE: January 26, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Reed Enterprises, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 9, 2010. I have reviewed the subject proffer agreement, dated December 28, 2009 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. B KW/ka Enclosure cc: Kathleen Hassen/ r FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS REED ENTERPRISES, INC., a Maryland corporation 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 December, 2009, by and between REED ENTERPRISES, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of two (2) parcels of property located in the Kempsville District of the City of Virginia Beach, containing apt~roximately 2.63 Acres which are more particularly described as Parcels i and 2 in Exhibit `.a" attached hereto and incorporated herein by this reference. Said parcels are herein toget]Zer referred to as the "Property"; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated August 26, 1998 and recorded in the Office of the Clerk of the Circuit Court of the City of Virg?.nia Beach, Virginia in Deed Book 4040, at Page 2047 (hereinafter "1998 Proffers"), to reflect amendments applicable to the land use plan on the Property; and WHEREAS, the Grantee's policy is to provide only for the orderly development of PREPARED BY' SYY):S. SOURDON. Ali1:f2N i~ ~.1:VY. P.~=. land for various purposes through zoning and other land development legislation; and GPIN: 1476-6o-i748 1476-60-2957 Prepared By & Return To: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Lery, P.C. 28i Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of conditions to the PREPARED BY: ,,.: SYICES.801`RDflN, A1lF3~N & 1,~VY, P.C. zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, 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 fro uo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: ~. When the Properties are developed and redeveloped, in order to achieve a coordinated design they shall be developed and landscaped substantially as shown on the exhibited entitled "PRELIMINARY LAYOUT PLAN OF COMMERCIAL PROPERTY AT 4464 PRINCESS ANNE ROAD FOR REED ENTERPRISES, INC.", prepared by Land Design and Development, Inc., dated io/off/09, which has been exhibited to file Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The exterior of the convenience store, canopy for the gasoline pumps, and the "carwash" depicted on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled "Gasoline Sales and Car Wash with Market for 2 Princess Anne Trail Partners, Virginia Beach, Virginia", dated December io, iy98, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The exterior of the "2 story carwash bay" depicted an the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled "NEAL REED PROJECT - CARWASH ADDITION PRINCESS ANNE ROAD & SOUTH PLAZA TRAIL VIRGINIA BEACH, VIRGINIA", prepared by Neil E. Bristow Architect, dated ii-20-oy, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Parcel Ai Elevations"). 3. The freestanding sign depicted on the Site Plan shall be a brick based monument style sign no greater than eight feet (8') in height. 4. The exterior of the building depicted on Parcel B~ and designated " 360o S.F. PARTS, TIRES & SERVICE" on the Site Plan, shall have an architectural design substantially similar in appearance to the elevations shown on the exhibit entitled "NEAL REED PROJECT -AUTO SERVICE CENTER PRINCESS ANNE ROAD & SOUTH PLAZA. TRAIL VIRGINIA BEACH, VIRGINIA", prepared by Neil E. Bristow Architec#. dated 12- i6-oy, which have been exhibited to the Virginia Beach City Council and are ~n file with the Virginia Beach Department of Planning (hereinafter "Parcel Bi Elevations"). 5. The primary building material used to construct visible exterior surfaces (excluding the roof) of the convenience store and car wash shall be red brick. 6. The "Dumpster" as depicted on the Site Plan shall be screened within an enclosure constructed either with red brick columns and wooden fencing the color of which shall match the siding on the convenience store and car wash, or entirely with red brick. ~. To create a unified landscape design and appearance, the Grantor wil.1. plant and maintain the same type, quantity and quality of street frontage landscaping, as that depicted on the Site Plan, between the existing public sidewalk and the stormwater management basin on the adjacent property, if given the necessary landscaping and maintenance easement. 8. All outdoor lighting shall be shielded, deflected, shaded and focused to PREPARED BY: SYKFS. BOCRDON. ~~ A3~tRN & I.FVY. P.C. direct light down onto the premises and away from adjoining property. 9. Grantor shall install berming and landscaping as depicted on the Site Plan and shall provide Category IV Landscaping, as described in the Landscaping. Screening 3 and Buffering Specifications and Standards of the City of Virginia Beach, adjacent to the southern and eastern boundaries of the Property. io. The following uses will not be permitted on Parcel Bi as designated on the Site Plan: a) bulk storage yards and building contractors yards; b) flea markets; c) heliports and helistops; d) mobile home sales; e) storage garages. ii. The uses which will not be permitted in place of gasoline sales in conjunction with a convenience store and a carwash on Parcel Al are: a) bulk storage yards and building contractors yards; b) flea markets; c) heliports and helistops; d) mobile home sales; e) storage garages. 12. The Covenants, Restrictions and Conditions set forth herein replace and supersede the 1998 Proffers. i3. Further conditions maybe required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. The Grantor further covenants and agrees that: - All references hereinabove to the B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in 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 PREPARED BY: SYiCES. BOUROON. A~I~RN & LEVY. P.f. 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 "coning 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 4 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. (i) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the 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 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. PREPARED 8Y' : SYY~S.80URDON, ' ~ t!I-IERN & LEVY. P.C. 5 WITNESS the following signature and seal: Grantor: Reed Enterprises, Inc., a Maryland corporation ' ' 1/ By: -(SEAL) ed, Presi t PFEPAFED BY ~Q SYK~S. ~30i;`RDON. !.~ A}1~~2N & i.1-VY. R.C. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 28th day of December, 2009, by Neal Reed, President of Reed Enterprises, Inc., a Maryland corporation, Grantor. ~ ~ ~ ~~ i ;~ ~ ~~ ~-- ~ d ~~ otary Public _,~„~,,,,_ My Commission Expires: August 3i, 2oio Notary Registration No.: ig2628 6 EXHIBIT "A" PARCEL 1: ALL THAT certain lot, piece or parcel of land, designated and described as "PARCEL A" on that certain Resubdivision Plat entitled "SUBDIVISION OF PRINCESS ANNE SQUARE BEING A RESUBDIVISION OF A PORTION OF LOTS 2, 2A, 3 & 3A, PLAT OF L.W. BROWN'S LAND (M.B. 3, P. 236 & 237) AND A PORTION OF PROPERTY OF C. H. & B. ASSOCIATES (D.B.1626, P. 12) (M.B. 44, P. 11), VIRGINIA BEACH, VIRGINIA, SCALE 1" _ loo FEET", dated December lo, 1999, and revised March 30, 2000, and made by John E. Sirine and Associates, LTD., Surveyors, Engineers and Planners, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 28~, at Page 6 and ~. GPIN: 146-60-148 PARCEL 2: ALL THAT certain lot, piece or parcel of land, designated and described as "PAF:CEL B" on that certain Resubdivision Plat entitled "SUBDIVISION OF PRINCESS ANNE SQUARE BEING A RESUBDIVISION OF A PORTION OF LOTS 2, 2A, 3 & 3A, PLAT OF L.W. BROWN'S LAND (M.B. 3, P. 236 & 237) AND A PORTION OF PROPERTY OF C~-i & B ASSOCIATES (D.B.1626, P. 12) (M.B. 44, P.11), VIRGINIA BEACH, VIRGINIA, SCALE: 1" _ loo FEET", dated December lo, 1999 and revised March 30, 2000, made by John E. Sirine and Associates, Ltd., Surveyors, Engineers and Planners, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 28~, at Pages 6 and ~. GPIN: 1476-60-2957 ModificationtoProffers/Reed Enterprises/PrincessAnneRd_S.Plaza/Proffer3_Clean Revised 12-z8-o9 PREPARED BY~. ~~ SYK~S, gOURDON, d~ A~1FRN & LEVY. P.C. 7 -66- Item V-K.6. PLANNING ITEM # 59646 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT Ordinances upon application of BONNEY G. BRIGHT at Princess Anne and Pocahontas Club Roads re Closure of an unimproved southernmost portion of Pocahontas Club Road and Conditional Use Permit to expand excavation at an existing borrow bit: BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance approving the application of BONNEY G. BRIGHT, for the closure of an unimproved portion of West Pocahontas Club Road, GPIN # Adjacent to 2317801537 and 2316896801. DISTRICT 7 -PRINCESS ANNE DISTRICT The following conditions shall be required: The Ciry 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. Copies of the Policy are available in the Planning Department. 2. The applicant shall re-subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall provide a cul-de-sac on his property to accommodate vehicles traveling the roadway. 4. The applicant shall verify that no private utilities exist within the right-of--way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of--way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 5. Closure of the right-of--way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council (February 8, 2011). If the conditions noted above are not accomplished and the final plat is not approved within one (1) year of the City Council vote to close the right-of--way, this approval shall be considered null and void. AND, February 9, 2010 -67- Item V-K.6. PLANNING ITEM # 59646 (Continued) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BONNEY G. BRIGHT re a Conditional Use Permit to expand excavation at an existing borrow pit., east side of Princess Anne Road, 2,172 feet south of its intersection with Pocahontas Club Road, GPIN # 2317621327; 2317723259; 2317612520; 2317801537; 2316698832;2316896801. DISTRICT 7 -PRINCESS ANNE DISTRICT 8021035395 All of the conditions attached to the Conditional Use Permit approvals of November 28, 2000, and February 14, 2006, shall remain in effect, except Conditions 5, 11 (e) and 16, which are replaced below. 2. The applicant shall submit a Site Development Plan in accordance with the Zoning Ordinance, Article 2 C Section 227, Borrow Pits, to the Development Services Center of the Planning Department for review and approval prior to any excavation of the additional areas depicted on the submitted site plan entitled "PROPOSED BORROW PIT EXPANSION PLAN FOR BONNEY G. BRIGHT", dated October 3, 2007, revised September 10, 2009, prepared by Gallup Surveyors & Engineers. Said Plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 3. The applicant and or operator of the borrow pit shall provide sufficient information to further the knowledge of the impacted subsurface geology by providing a monitoring well/bore hole installation plan and to estimate existing and projected recharge of de-watering operation discharge water. The applicant shall provide a Groundwater Recharge Plan, which shall include all phases of the expansion, subject to the approval of the Director of Public Utilities or designee. " 4. The applicant and or operator of the borrow pit shall, at his expense, establish monitoring wells, the number to be determined by the Director of Public Utilities or designee, at such locations as may be determined by the Director of Public Utilities or designee, for the purpose of monitoring groundwater quality, to include detection of any salt water intrusion which may occur as a result of the applicant's operation. Testing shall be performed at each monitoring well a minimum of four (4) times per year. The Director of Public Utilities or designee may reduce monitoring frequency, should conditions warrant, to annual testing at each well. Analytical results shall be provided to the Director of Public Utilities or designee. If, in the judgment of the Director of Public Utilities or designee, such results indicate that salt water intrusion is occurring to such extent that private drinking water wells are threatened with salt water intrusion, the applicant shall cease dewatering of the borrow pit at the cost of the borrow pit operator. (This condition replaces Condition 16 of the 2000 and 2006 approvals) February 9, 2010 -68- Item V-K 6. PLANNING ITEM # 59646 (Continued) S. The maximum depth of the proposed expansion shall not exceed an elevation of -25.0 feet below ground surface from elevation 0.00 feet below ground surface. The applicant shall not breach the confining layers regardless of depth. (This condition replaces Condition S of the 2000 and 2006 approvals). 6. The Groundwater Recharge Plan shall retain water on-site to the highest degree practical. The applicant, and/or operator, of the borrow pit shall provide a quarterly report of the water recharge system on the site to include the amount of water pumped from the borrow pit, the amount of groundwater recharged on the site, the amount of water discharged to off-site surface water and the local precipitation. The Plan shall be subject to the approval of the Director of Public Utilities or designee. (This condition replaces Condition 11 (e) of the 2000 approval). 7. The proposed expansion to the borrow pit shall be commenced in phases. The first phase to be mined shall be of the 1.46 acres depicted on the submitted site plan on the northeastern side of the site, adjacent to the existing borrow pit. The mining shall be completed within six (6) months of all necessary approvals and converted into a portion of the recharge system within twelve (12) months of all necessary approvals. 8. Berming of 3 to 4 feet in height and installation of Category 4 landscape screening shall be installed between the borrow pit and the improved portions of Pocahontas Club Road by the completion of the first phase of mining noted in Condition S. These Ordinances shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth of February Two Thousand Ten February 9, 2010 -69- Item V-K.6. PLANNING ITEM # 59646 (Continued) Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Mayor William D. Sessoms, Jr., Council Members Absent: None Mayor Sessoms DISCLOSED as an O~cer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. Mayor Sessoms ABSTAINED on Item K 6 (BONNEY G. BRIGHT). February 9, 2010 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 ORDINANCE APPROVING APPLICATION OF BONNEY G. BRIGHT, FOR THE CLOSURE OF THE UNIMPROVED SOUTHERNMOST PORTION OF POCAHONTAS CLUB ROAD WHEREAS, Bonney G. Bright (the "Applicant") applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before one (1) year from City Council's adoption of this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: ~FrTI(~N I That the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before one (1) year from City Council's adoption of this ordinance: All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "PORTION OF POCAHONTAS CLUB ROAD, AS SHOWN ON CITY OF VIRGINIA BEACH COMPOSITE MAPS, TO BE CLOSED. (71,859.5 SQ. FT./1.650 AC.)", shown as the cross-hatched area on that certain plat entitled: "STREET CLOSURE PLAT FOR PORTION OF POCAHONTAS CLUB ROAD CROSSING PROPERTY OF BONNEY G. BRIGHT D.B. 1705 P. 19 VIRGINIA BEACH, VIRGINIA", Scale: 1"=200', dated September 27, 2007 and revised through September 10, 2009, prepared by Gallup Surveyors & Engineers, Ltd., a copy of which is attached hereto as Exhibit A. SECTION II The following conditions must be met on or before one (1) year from City Council's adoption of this ordinance: GPIN: 2317-80-1537, 2316-89-6801, 2317-80-8675 and 2317-80-9169 i 44 1. The City Attorney's Office will make the final determination 45 regarding ownership of the underlying fee. The purchase price to be paid to the City 46 shall be determined according to the "Policy Regarding Purchase of City's Interest in 47 Streets Pursuant to Street Closures," approved by City Council. Copies of said policy 48 are available in the Planning Department. 49 50 2. The applicant shall resubdivide the property and vacate internal lot 51 lines to incorporate the closed area into the adjoining parcel. The resubdivision plat 52 must be submitted and approved for recordation prior to final street closure approval. 53 54 3. A cul-de-sac or other City approved turn-around configuration 55 suitable for trash collection and emergency service vehicles must be constructed by the 56 applicant at the new end of Pocahontas Club Road public right-of-way. Said cul-de-sac 57 or other City approved turn-around configuration shall be dedicated to the City. 58 59 60 4. The applicant shall verify that no private utilities exist within the 61 right-of-way proposed for closure. Preliminary comments from the utility companies 62 indicate that there are no private utilities within the right-of-way proposed for closure. If 63 private utilities do exist, the applicant shall provide easements satisfactory to the utility 64 companies. 65 66 5. Closure of the right-of-way shall be contingent upon compliance 67 with the above stated conditions within one (1) year of approval by City Council. If all 68 conditions noted above are not in compliance and the final plat is not approved within 69 one (1) year of the City Council vote to close the right-of-way, this approval will be 70 considered null and void. 71 72 SECTION III 73 74 1. If the preceding conditions are not fulfilled on or before February 8, 75 2011, this Ordinance will be deemed null and void without further action by the City 76 Council. 77 78 2. If all conditions are met on or before February 8, 2011, the date of 79 final closure is the date the street closure ordinance is recorded by the City Attorney. 80 81 3. In the event the City of Virginia Beach has any interest in the 82 underlying fee, the City Manager or his designee is authorized to execute whatever 83 documents, if any, that may be requested to convey such interest, provided said 84 documents are approved by the City Attorney's Office. a 85 86 87 88 89 90 91 SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" and BONNEY G. BRIGHT, as "Grantee." Adopted by the Council of the City of Virginia Beach, Virginia, on this 9th day of February , 2010. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA11018 \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom 32\Wpdocs\D021 \P006\00039854. DOC R-1 January 21, 2010 D AS TO FONT Planning( Q~gartment APPROVED AS TO LEGAL SUFFICIENCY: City Attorney 3 EXHIBIT "A" I DENOTES PORTION OF POCAHONTAS CLUB ROAD, AS SHOWN ON CITY OF VIRGINIA BEACH COMPOSITE MAPS, TO BE CLOSED. (71,859.5 S0. Fi./1.650 AC.) I NOW OR FORMERLY JOHN F. MACRON dt MOODY E. STALLINGS, JR. ~ PARCEL A ~ I M.B. 232 P. 55 ... I.N.20090880000979320 / GPIN: 2317-81-9164 (NOTE: A DIRT & GRAVEL DRIVE ~ ' EXISTS WITHIN THE 40' R/W, ~ ASPHALT PAVEMENT ENDS APPROX. ~ ~ 380' NORTH OF PARCEL A.) NOW OR FORMERLY S 31'21 31 W PIPE(f) BONNET G. BRIGHT 14.82' PIPE(f) PIN(f) PIN(f) F' J GPIN: 2317-80-9169 ~PIN(s) a° °o y I.N.20090814000959140 P~A7r17AS ROAp \N f) 1~9 °~ OW OR FORMERLY '°~ e° 3, D.B. 4213 P. 1254(pl°t) < ~'~ PIN(f) y a a'S BONNET G. BRIGHT 0~6• a°~° ? PIN f GPIN: 2317-80-8675 ~ °- ~ ~ a'o PREVIOUS 10' R/W ( D.B. 1705 P. 19 ~ a F, Z.¢ DED.(M.B. 232 P. 55) ~ w IN(s) o~F' ~,y9 ~ u NOW OR FORMERLY MOODY E. STALLINGS, JR., A. WILLIAM REID, JOHN F. MACRON, & TIMOTHY B. ROBERTSON GPIN: 2317-82-3152 I.N.2004031800442}9 / y O ~r~ \ r,\ c'Y F PIN(s) NGW OR FORMERLY 'L BONNET G. BRIGHT GPIN: 2317-72-3259 M.B. 91 P. 19 U.B. 3635 P. 259 3'22" E ^"'~'~ / L=105.46') S R=115.00' rE OF EXISTING DIRT & GRAVEL DRIVE _ ~ OF 30' R/W ,~,0 JP G,JY'~ PROPERTY OF BONNET G. BRIGHT GPIN: 2317-80-1537 D.B. 1705 P. 19 55.151 ACRES (excwowe R/w cLOSUae aaea) N 54'17'00" W 15.03' Z \` i ~~ _ M.B. 57 R 53 6 4~\ p. 00 ~ ~ Z ~ ~ ~w> PIN(s) ~~ r~°°. PIN(s) r^ y ~ `ss. m ~. ~q NOW OR FORMERLY °o, \ PI J. W. SMITH FAMILY PARTNERS, LP. i.. \ GPIN: 2317-60-3371 M.B. 57 P. 53 O.B. 3615 P. 847 PROPERTY OF I BONNET G. BRIGHT p~ GPIN: 2316-69-8832 ,~ D.B. 2412 P. 1870 0. 13.469 ACRES I STREET CLOSURE PLAT °° I"(s> ~~ FOR PORTION OF ~ y ~'~?s POCAHONTAS CLUB ROAD d;os~• ~ o.~ °`` CROSSING PROPERTY Of ° o~°o;° ~~^ 59 ~ 80NNEY G BRIGHT °° N '°~ . P (f) D B 1705 P 19 179.60' -_ ~ . . . N 69'29'49° E 58.1 s' VIRGINIA BEACH. VIRGINIA pLiH 0 ~Q F { N 00'45'00" W SCALE: 1"= 200' SEPTEMBER 27, 2007 REV : SEPTEMBER 10 2009 O C ~ ~' ~ ANNE ROAD (~, A~f PIN () ( v . , , p 'Z U BRUCE ALLUP > M.B. 57 P. 53 ° GALLUP 0322 0 j ~ ~o' c, 0~ ~ SURVEYORS & ENGINEERS, LTD. F H V ~ Z U ~. N S`S~ONAL ~ VIRG NIA BEAC IRGINIA 454 3 (757)428-8132 I C:\07-44-1bdv.dwa ~ la iv z ~OW OR FORMERLY 1 s) BESSIE B. BELL PIN: 2316-69-1683 D.B. 2835 P. 383 PIN(f _41.24' 00'53'00" E Ac719 ~T 252.44' 11 43.19 ~ R~ ]1'59'35° E R= ~3y 15(f) N.C. ATE' F.B. 448 P. 24,26,27,29 a 5~t S6 Io! 0 ° Iz c, PROPERTY OF BONNET G. BRIGHT IPE(f) GPIN: 231fi-89-6801 ' s D.B. 1705 P. 19 ' sue' 6.844 ACRES nl 0 ~ y ,' r J~ `rJ. ~71.'({~ s8 ) . S } ° o , d I `~°J es ~ ~°~ 9J. F~f)'O ,ya ~~ d S ~a S PIN(s) S~3d,~~ PIN(s) i, NO VISIBLE EVIDENCE OF ROAD WITHIN CROSS-HATCHED AREA. LOCATION OF R/W HAS BEEN SCALED FROM CITY OF VIRGINIA BEACH COMPSITE MAPS -~o- Item V-K. 7. PLANNING ITEM # 59647 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of TUEE KNOW HIM NEW BIRTH FULL GOSPEL MINISTRIES/J.G. HORTON & SON CONSTRUCTION for a Conditional Use Permit re a church at 5109-5111 Witchduck Court Ordinance upon application of TUEE KNOW HIM NEW BIRTH FULL GOSPEL MINISTRIES/J. G. HORTON & SON CONSTRUCTION for a Conditional Use Permit re a church at 5109- 5111 Witchduck Court; GPIN #14679805220000 DISTRICT 4 - BAYSIDE DISTRICT Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 9, 2010 -71- Item V-K.8. PLANNING ITEM # 59648 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an Ordinance upon application of JC'S PLACE/D. E. BONNEYfor a Conditional Use Permit re an indoor Christian based Teen Club at 596 Princess Anne Road BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of JC'S PLACE/D. E. BONNEY for a Conditional Use Permit re an indoor Christian based Teen Club at 596 Princess Anne Road, GPIN# 23089920780000 ISTRICT 7 -PRINCESS ANNE 8021035396 The following conditions shall be required: 1. The applicant shall obtain all necessary permits and inspections from the Fire Department and the Permits and Inspections Division of the Planning Department. The applicant shall obtain a Certificate of Occupancy from the Building Official within thirty (30) days of City Council approval of this Use Permit. 2. Use of the building shall be limited to Friday evenings between the hours of 6: 30 P.M. and 10.•30 P. M. 3. The applicant shall obtain approval from the Virginia Department of Health for the wastewater disposal system and drinking water supply. 4. The applicant shall paint the exterior of the building. Paint color is limited to earth-toned hues. 5. The applicant shall delineate the property lines adjacent to Princess Anne Road and Morris Neck Road with some form of barrier acceptable to the Planning Department. Access points to the site will be allowed at the southern portion of the property along Princess Anne Road and the eastern portion of the property along Morris Neck Road. The exact locations of the access points shall be reviewed with and approved by the Current Planning Division of the Planning Department prior to the installation of the barriers. 6. Within Ninety (90) days of City Council approval of this Use Permit, the applicant shall delineate, in a manner acceptable to the Planning Department, a minimum of ten (10) parking spaces on the site. This Ordinances hall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth of February Two Thousand Ten February 9, 2010 -72- Item V-K.8. PLANNING ITEM # 59648 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 9, 2010 -73- Item V-K. 9. a. b. PLANNING ITEM # 59649 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: City Zoning Ordinance (CZO): AMEND X111 re definition of adult bookstores AMEND X111 and X401 and ADD X209.1 re "Farm Winery "regulations Voting.• 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None February 9, 2010 1 AN ORDINANCE TO AMEND CITY ZONING 2 ORDINANCE SECTION 111 PERTAINING TO THE 3 DEFINITION OF ADULT BOOKSTORES 4 5 Section Amended: City Zoning Ordinance §111 6 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That Section 111 of the City Zoning Ordinance is hereby amended to read as 15 follows: 16 17 Sec. 111. Definitions. 18 19 For the purpose of this ordinance, words used in the present tense shall include 20 the future; words used in the singular number include the plural and the plural the 21 singular; the use of any gender shall be applicable to all genders; the word "shall" is 22 mandatory; the word "may" is permissive; the word "land" includes only the area 23 described as being above mean sea level; and the word "person" includes an individual, 24 a partnership, association, or corporation. 25 26 In addition, the following terms shall be defined as herein indicated: 27 28 .... 29 30 Adult bookstore.-An"ad~4t-f3eeks#~e'-i~s: An establishment that either (a) has 31 twenty-#+~re (~ 20) percent or more of its stock for sale or rent on the premises, or has 32 twenty-five (~5 20) percent or more of its stock on display either in plain view or in an 33 enclosed or partitioned area, in books, magazines, periodicals, drawings, sculptures, 34 devices, paraphernalia, motion pictures, films, video s recordings or photographs 35 which are distinguished or characterized by their emphasis on matter depicting, 36 describing or relating to-'specified sexual activities or specified anatomical areas" as 37 defined herein; or (b) devotes twenty-#+ue (~5 20) percent or more of its display area or 38 floor space, excluding aisles and storage areas, to the sale or display of such materials; 39 or (c) receives in any one-month period twenty-#+ve (~5 20) percent or more of its gross 40 income from the sale or rental of such materials; or (d) has on the premises one (1) or 41 more mechanical or more mechanical or electronic devices for viewing such materialsi 42 or (e) sells products featuring specified sexual activities or specified anatomical areas 43 and prohibits access by minors because of age to any area of the premises that is 44 open to customers, and advertises itself as offering "adult" or "xxx" or "x-rated" or 45 "erotic" or "sexual" or "pornographic" material on signage visible from a public right-of- 46 wad. 47 48 (a) Specified anatomical areas: 4g (1) Less than completely and opaquely covered: 50 (i) Human genitals, pubic region, buttock; and 51 (ii) Female breast below a point immediately above the top of the 52 areola. 53 (2) Human male genitals in a discernibly turgid state, even if completely 54 and opaquely covered. 55 56 (b) Specified sexual activities: 57 (1) Human genitals in a state of sexual stimulation or arousal. 58 (2) Acts of human masturbation, sadomasochistic abuse, sexual 59 penetration with an inanimate object, sexual intercourse or sodomy. 60 (3) Fondling or other erotic touching or human genitals, pubic region, 61 buttock or female breast. 62 63 .... 64 Adopted by the City Council of the City of Virginia Beach on the 9th day of February, 2010. 2 1 AN ORDINANCE TO AMEND SECTIONS 111 AND 401 2 AND ADD A NEW SECTION 209.1 OF THE CITY ZONING 3 ORDINANCE, DEFINING "FARM WINERY," 4 ESTABLISHING FARM WINERIES AS A PERMITTED USE 5 IN THE AG-1 AND AG-2 AGRICULTURAL DISTRICTS, 6 AND SETTING FORTH REGULATIONS PERTAINING TO 7 SUCH USE 8 9 Sections Amended: City Zoning Ordinance Sections 10 111 and 401 11 12 Section Added: City Zoning Ordinance Section 209.1 13 14 WHEREAS, the public necessity, convenience, general welfare and good zoning 15 practice so require; 16 17 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That Sections 111 and 401 of the City Zoning Ordinance are hereby amended, 21 and a new Section 209.1 of the City Zoning Ordinance is hereby added, to read as 22 follows: 23 24 ARTICLE 1. GENERAL PROVISIONS 25 26 .... 27 28 Sec. 111. Definitions. 29 30 For the purpose of this ordinance, words used in the present tense shall include 31 the future; words used in the singular number include the plural and the plural the 32 singular; the use of any gender shall be applicable to all genders; the word "shall" is 33 mandatory; the word "may" is permissive; the word "land" includes only the area 34 described as being above mean sea level; and the word "person" includes an individual, 35 a partnership, association, or corporation. 36 37 In addition, the following terms shall be defined as herein indicated: 38 39 .... 40 41 Farm Winery An establishment licensed as a farm winery pursuant to Virginia 42 Code Section 4.1-207 (5) and located on a farm having a producing vineyard, orchard 43 or similar growing area or agreements for purchasing grapes or other fruits from 44 agricultural growers within the Commonwealth and with facilities for fermenting and 45 bottling wine on the premises where the owner or lessee manufactures wine that 46 contains not more than 18 percent alcohol by volume. 47 48 As used in this definition the terms "owner" and "lessee" includes a cooperative 49 formed by an association of individuals for the purpose of manufacturing wine. In the 50 event such cooperative is licensed as a farm winery the term "farm" as used in this 51 definition includes all of the land owned or leased by the individual members of the 52 cooperative within the Commonwealth of Virginia. 53 54 .... 55 56 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 57 ALL DISTRICTS 58 59 .... 60 61 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 62 PARKING AND OFF-STREET LOADING 63 64 .... 65 66 Sec. 209.1. Farm Wineries 67 68 (a) License required No farm winery shall be operated unless it is licensed 69 as such by the Virginia Alcoholic Beverage Control Board pursuant to the applicable 70 provisions of Title 4.1 of the Virginia Code. 71 72 (b) Lot area The minimum lot area for farm wineries shall be two (2) acres, 73 the entirety of which shall be in the Agricultural District. No farm winery shall be located 74 on any lot that is subject to a conditional use permit allowing alternative residential 75 development pursuant to Section 405. 76 77 (c) Allowed uses The following uses and activities are permitted at farm 78 wineries provided that such uses and activities are not inconsistent with an 79 establishment's farm winery license: 80 81 (1) The production and harvesting of fruit and other agricultural g2 products and the manufacturing of wine; 83 84 (2) The on-premises sale tasting, or consumption of wine 85 during regular business hours within the normal course of 86 business of the farm winery; 87 gg (3) The direct sale and shipment of wine by common carrier to gg consumers in accordance with applicable provisions of Title gp 4 1 of the Virginia Code and regulations of the Virginia 91 Alcoholic Beverage Control Board; 92 93 (4) The sale and shipment of wine to the Virginia Alcoholic 94 Beverage Control Board licensed wholesalers, and out-of- 95 state purchasers in accordance with applicable provisions of gg Title 41 regulations of the Alcoholic Beverage Control 97 Board, and federal law; 98 gg (5) The storage warehousing and wholesaling of wine in 100 accordance with Title 4.1 regulations of the Virginia 101 Alcoholic Beverage Control Board, and federal law; and 102 103 (6) The sale of wine-related items that are incidental to the sale 104 of wine. 105 106 (d) Special events Special events shall be permitted up to six (6) times per 107 year For purposes of this section a special event is an event conducted at a farm 108 winery on a single day for which attendance is allowed only by invitation or reservation 109 and whose participants do not exceed fifty (50) people. Special events include, but are 110 not limited to meetings conferences banquets dinners and other events held for the 111 purpose of marketing wine or at which consideration is received by the farm winery or 112 its agents Special events do not include private personal gatherings held by the owner 113 of a licensed farm winery who resides at the farm winery or on property adjacent thereto 114 that is owned or controlled by such owner at which gatherings wine is not sold or 115 marketed and for which no consideration is received by the farm winery or its agents. 116 117 The City Council may by conditional use permit authorize the number of special 118 events per year to exceed six (6) or the number of allowed participants to exceed fifty 119 (50), or both. 120 121 (e) No kitchen permitted by the Health Department as a commercial kitchen 122 shall be allowed in conjunction with a farm winery. Such kitchens may be used by 123 licensed caterers for the handling warming and distribution of food, but not for cooking 124 food to be served at such special events or festival; 125 126 ~f) Outdoor amplified music shall be prohibited. 127 128 129 ARTICLE 4. AGRICULTURAL DISTRICTS 130 131 .... 132 133 Sec. 401. Use regulations. 134 135 (a) Principal and conditional uses. The following chart lists those uses 136 permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in 137 the respective agricultural districts shall be permitted as either principal uses indicated 138 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an 139 "X" shall be prohibited in the respective districts. No uses or structures other than as 140 specified shall be permitted. 141 142 Use AG-1 AG-2 143 144 .... 145 146 Farm wineries, subject to the provisions 147 of Section 209.1. P P 148 149 .... 150 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of February, 2010. -74- Item V-K. 9. c. PLANNING ITEM # 59650 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council DEFERRED INDEFINITELY.• City Zoning Ordinance (CZO): AMEND ,¢111 and ADD X217 re requirements for monument and electronic display signs Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None February 9, 2010 -~s- Item V-L.1 APPOINTMENTS ITEM # 59651 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION THE PLANNING COUNCIL VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION February 9, 2010 -76- Item V-L.Z APPOINTMENTS ITEM # 59652 ADDED Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Ken Stolle, Sheriff 3 year term 1/1/10 -12/31/12 DEFERRED COMPENSATION BOARD Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 9, 2010 -~~- Item V-O. ADJOURNMENT ITEM # 59602 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 7:00 P.M. Beverly oks, CMC Chief Deputy City Clerk th Hodges Fraser, MMC ity Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor The Public Dialogue re Non-Agenda items adjourned at 7:30 P.M. February 9, 2010 -~s- PUBLIC DIALOGUE Animal Shelter Julianna Pontone, 1232 Carlson Lane, Phone: 272-7252, requested funding for the Animal Shelter. The State Veterinarian Report requires the City to upgrade the Shelter standards. Basic requirements are not being metre preventing disease and overcrowding. The facility has passed its useful life and is beyond repair. Mrs. Pontone distributed photographs, which are hereby made a part of the record. Jimmy Frost, 2240 Windom Road, Phone: 343-6768, spoke re the City's grossly deficient Animal Shelter. The Animal Shelter is out of compliance with State Law. He has resolved to have the City build a new Animal Shelter. If the State Veterinarian had decided to start ftning the City $1, 000 a day per violation, this would have resulted in X287, 000 in fines. Food Tax on Military Installations Alan Quartararo, 4825 Rugby Road, Phone: 467-6524, requested the SUPPORT of City Council in ending the 10. S% food tax levied on Service Men and Women and their families that use establishments operating on Military Bases within the City limits. Mr. Quartararo advised most believe that taxing by local, state and federal taxing authorities is prohibited on federally owned installations. However, this is not true. There is a policy that allows local municipalities the option to collect food sale taxes from commercial entities operating on Military installations within their taxing jurisdiction. For years, Virginia Beach has opted to levy such a tax on commercial eateries on Oceana Naval Air Station. Diversity Andrew Jackson, 153 Upperville Road, Phone; 490-9190, advised to place someone on City Council because the individual possesses a certain lineage does not assist this Council, nor the City. Mr. Jackson used the research example regarding Latino Legislators in the process of voting. Venus Marshall, 5354 Leicester Court, Phone; 490-2352, twenty four year resident of the City, has contributed to the community by serving on countless Boards, i. e. PTA (Parent Teachers Association). "Inclusion " is a sense of belonging, feeling respected, valued for who you are and feeling a level of supportive energy that when individuals come before the City Council they see peers like themselves. They will be respected. Ms. Marshall belongs to Kempsville Presbyterian Church. Carl Wright, President -Hampton Roads NAACP, Phone; 235-9655. Mr. Wright reminded the City Council of Black History Month. Mr. Wright has tried to reach out across policy, gender, community and ethnic lines. The City of Virginia Beach is going to regress j`it does not follow. Diversity and Inclusion are important issues. Georgia F. Allen, 4649 Merrimac Lane, Phone: 439-3390, President of the Virginia Beach Branch - NAACP and a lifelong resident of Virginia Beach. Ms. Allen requested Diversity on City Council. February 9, 2010 -79- PUBLIC DIALOGUE (Continued) Police Keith Davies, 921 Downshire Chase, Phone: 831-1500, resident of Virginia Beach for over twenty (20) years. He is not the victim of discrimination by the Police, but he is representing a Kempsville resident, who asserts she has been exposed to the discriminatory practices by both the Virginia Beach Police Department and the Commonwealth Attorney's Ojf ce. She is the victim of a domestic assault. Her children have been abused by a family member. Prior to Mr. Davies' retirement in 2001, he spent many years in public service as a member of the Police Department in a Sister City jurisdiction. Mr. Davies distributed an information package, which is hereby made a part of the record. Councilman DeSteph advised the City Manager has been requested to review this case. The City Manager will provide information. February 9, 2010 -~~- Item V-O. ADJOURNMENT ITEM # 59653 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 7:00 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk Ruth Hodges Fraser, MMC Ciry Clerk City of Virginia Beach Virginia --------------------------------- William D. Sessoms, Jr. Mayor The Public Dialogue re Non-Agenda items adjourned at 7:30 P.M. February 9, 2010 -~~- Item V-O. ADJOURNMENT ITEM # 59653 Mayor William D. Sessoms, Jr. DECLARED the City Council RleetingADJOURNED at 7:00 P.M. Beverly O. Hooks, CMC Chief Deputv City Clerk D~~~/iLs~-/ ------------- ----------------- Ruth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor The Public Dialogue re Non Agenda items adjourned at 7:30 P.M. February 9, 2010