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OCTOBER 26, 2010 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WlLL/AA4 D. SESSOMS, JR., A!-Large V/CCMAYOR LOUIS R. JONES, Bayside - Di.rtrict 4 R/TA SWF.F,T BF,L1.11T0, AI-Large G/,ENN R. DAVlS, Rose Hal! - Dis[rrc~ 3 WlLLlAM R. DeS'!'EPH, At-l.arge HARRY F.. DIEZE/., Kempsville - Dr.r[rict 2 RORF,R7'M. DYFR, Centerville - Di.rtrict 1 BAXBARA M. HENLF.Y, Princess Anne - District 7 JOHN F.. UHRlN, Beach - Dis~rrcr 6 ROtiF.MARYWII,SON, AI-/.arge /AMF.S I.. WOOD, Lynnhaven -District S CITY COUNCIL APPOINTEES C17'Y MANAGER - JAMF,S K. SPORE CITY ATTORNEY - MARK D. ST/LES C/TY ASSF.SSOR -- JERALD BANAGAN CITY A UD/TOR - LYNDON S. REMIAS C/TY Cl.ERK - R UTH HODGES FRASER, MMC CITY COUNCIL AGENDA 26 OCTOBER 2010 I. CITY COUNCIL'S BRIEFING -Conference Room- A. MINORITY BUSINESS COUNCIL ANNUAL REPORT Wanda Cooper, Chair Amma Guerrier, Financial Counselor II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA itEVIEW IV. INFORMAL SESSION -Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL CITYHALL BUILDINCi 2401 CDURTHOUSE DRIV~i VIRGIN/A BEACH, ~IRGINIA 23456-800:~ PHONE: (757) 385-430:i FAX (757) 385-566!D E-MAIL: Ctycncl@vbgov.con¢ 4:30 PM S:OOPM C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM ~I A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Terry Shuttlesworth Dominion Christian Center 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 G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATION 1. TASK FORCE 2 RECERTIFICATION Urban Search and Rescue Team October 12, 2010 I. PUBLIC HEARING l. FY 2010-11 AMENDMENT TO THE CITY'S CAPITAL BUDGET re VDOT's safety and capacity improvements J. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS l. Ordinance to ADD Section 23-43.2 to the City Code re Nighttime Use of City Parks 2. Ordinances to ACCEPT and APPROPRIATE: a. $2.8M from the fund balance of the General Fund to the Risk Management Internal Service Fund re insurance premiums and self-insurance claims b. School Operating Budget and additional funding for various capital projects (Reversion Funds): (1) $2,555,000 for Pupil Transportation category re bus replacement (2) $11,248,211 to the School Reserve Special Revenue Fund re anticipated Operating Budget shortfall in state and federal revenue (3) $162,800 to the Instructional category re purchase of classroom furniture, tools and equipment (4) $31,000 to the Operations and Maintenance category re purchase of 2,000 replacement portable radios (5) $28,000 to the Administration category re Diversity Youth Ambassadors Leadership training (6) $312,100 to the School Technology Category Special Revenue Fund to purchase replacement computers (7) $350,000 to the Pupil Transportation Maintenance Service Facility (8) $250,000 to Renovations and Replacements, Various, Phase II - replace auditorium seats at Green Run High School $3,600 from the U.S. Department of Homeland Security to the Fire Department's FY 2010-11 Operating Budget re support of the Virginia Task Force 2 Urban Search and Rescue Team Advisory Committee Working Group's expenses for attendance and administration of scheduled meetings 3. Ordinance to TRANSFER $625,000 from unencumbered funds to the Pupil Transportation Maintenance Services Facility a. $382,801 from Virginia Beach Middle School replacement b. $234,522 from the Academy Facilities improvements c. $ 5,301 from Alternative Education Facility - Phase I d. $ 1,282 from Renovations and Replacements - Various e. $ 1,042 from Diamond Spring Elementary School f. $ 52 from Renovations and Replacements - HVAC L. PLANNING - NO ACTION NECESSARY Application of EDEN VENTURES, L.L.C./JAMES C. MCNUTT for a Conditional Use Permit re a bar/night club at 313 32"d Street. DISTRICT 7 - PRINCESS ANNE 2. Ordinance to AMEND the Comprehensive Plan re the Interfacility Traffic Area (ITA) and Vicinity Master Plan, October 2010. M. PLANNING 1. Application of MRS. WILLIE H. GRAY for a Nonconformin~ Structure at 209 North Birdneck Road to enlarge and renovate the residential dwelling re health and safety needs. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 2. Application of M& T MANAGEMENT, INC./OAK BREEZE, LLC for Modification of Proffer No. 2 to reduce the size of proposed dwellings (previously approved by City Council on Apri125, 2006) at Seaboard Road and Golfwatch Lane. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 3. Application of CORNERSTONE CITY OF REFUGE INTERNATIONAL CHURCH/LENWOOD IRELAND for a Conditional Use Permit re a church at 528 South Military Highway, Suite A. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 4. Application of LIVING WORD GOSPEL CHURCH for a Conditional Use Permit re a church at 4971 Cleveland Street. DISTRICT 2 - KEMPSVILLE RECOMMENDATION M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY and MANAGEMENT TEAM - CSA COMMUNITY SERVICES BOARD ENERGY ADVISORY COMMITTEE HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PENDLETON CHILD SERVICES MANAGEMENT BOARD PLANNING COMMISSION RESORT ADVISORY COMMISSION TIDEWATER YOUTH SERVICES COMMISSION VIRGINIA BEACH TOMORROW COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS APPROVAL P. ADJOURNMENT *~~~*~~*~ If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ~ ~e :~ ~ ~ ~F ~e x ~ x ~Y CITY COUNCIL RETREAT 8:30 AM - 5:00 PM FRIDAY and SATURDAY January 21-22, 2011 CONFERENCE ROOM Suite 1000 222 Central Park Avenue TOWN CENTER CITY COUNCIL WORKSHOP CANCELLED NOVEMBER 2, 2010 " CITY COUNCIL / SCHOOL BOARD : = "FIVE YEAR FORECAST" _ Building No. 19 TUESDAY, NOVEMBER 16, 2010 Agenda 10/26/lOgw www.vb oe v.com -1- MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 26, 2010 Mayor William D. Sessoms, Jr., called to order the City Council Briefing to hear the MINORITY BUSINESS COUNCIL ANNUAL REPORT in the City Council Conference Room, Tuesday, October 26, 2010, at 4: 30 P.M. Council Members Present: Rita Sweet Bellitto, 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: Glenn R. Davis [Out of the City on Family VacationJ October 26, 2010 -2- CITY COUNCIL'S BRIEFING 4:30 P.M. MINORITYBUSINESS COUNCIL ANNUAL REPORT ITEM # 60360 Patricia Phillips, Director of Finance, advised the City Council created the Minority Business Council in 1995 to serve in one Advisory capacity to procurement practices and the process to increase Minority participation in City business. Mrs. Phillips recognized: Wanda Cooper, Chair - Minority Business Council. Attorney and Managing Partner of the firm Bullock and Cooper. Ms. Cooper received her Bachelor's in Political Science with a Minor in Criminal Justice from Old Dominion University. Her Graduate Profession was received from Regent Universiry. Ms. Cooper is a member of the Virginia State Bar, the Virginia Beach Bar Association and the American Bar. Mrs. Cooper has received various honors such as Inside Business's "Top 40" -"Under 40" and the Urban League's Silver Star Award and Distinguished Honor of the Law Book Award. Amma Guerrier, Financial Counselor - Minority Business Council, Vice President - Monarch Bank and operates Executive Decision, a consulting company specializing in client service levels, Marketing, audits and process improvements. Ms. Guerrier is a Graduate of Old Dominion University with a degree in Communications and a Minor in Marketing. She serves on the Boards of the Urban League of Hampton Roads, the Old Dominion Alumni Association and several professional civic organizations. She was the recipient of the Human Rights Award by the Virginia Beach Human Rights Commission in February 2007. She was elected because of her work with the Police Department, fostering dialogue betrveen its citizens and the Police Force. She was awarded the Urban League Award of Excellence in 2006. She was also named Inside Business 's "Top 40 " - "Under 40 ". Linda M. Bright - Vice Chair - Minoriry Business Council, city owner of Medical Transport Services which, serves the Hampton Roads Region. She also has a consulting service and twenty-five (25) years as a Human Services Administrator and instrumental in developing the Medicaid Waiver Program for the Ciry of virginia Beach. Linda is a graduate of Norfolk State with a Bachelor's in Psychology and Master's in Arts and Urban Affairs, Planning and Administrative Management. She received her Second Masters in Criminal Justice Administration. She is a member of the Board of Directors for Virginia Case Management Association and currently President of the Epilepsy Foundation of Virginia. Mrs. Phillips also recognized Barbara Booker-Williams, Minority Business Coordinator; William Davis - Purchasing Agent; and, John McConnell - Senior representative of the Purchasing Department. Wanda Cooper, Chair, presented the first portion of the Report. October 26, 2010 -3- CITY COUNCIL'SBRIEFING MINORITY B USINESS CO UNCIL ANNUAL REPORT ITEM # 60360 (Continued) Purpose The Minority Business Council (MBC) serves as an advisory agency to the City Council and the City Manager with respect to the City's procurement policies and procedures. Background O Created in 1995 as an advisory body to City Council and City Manager O Duties, powers and junctions defined in Ordinance No 2310, 2-28-95: - Advise City Council and the City Manager on policy and procedural issues - Institule, conduct and engage in educational and training programs to promote the involvement of minority-owned businesses, small businesses, businesses owned by women and service disabled veteran-owned businesses in the public procurement process - Serve as a Forum for the discussion and development of the awareness of minority-owned businesses, small businesses, businesses owned by women service disabled veteran-owned businesses of the procurement process O Duties, powers and functions defined in Ordinance No 2310, 2-28-95: - Provide City Council and City Manager with an annual written report of the Minority Business Council's activities on or before December Thirty-first of each year - Adopt rules and procedures for the conduct of its affairs - Shall not provide advice or assistance in individual procurement solicitalions, evaluations, awards, disputes or protests i~ision "To be the leading influence in connecting contractor resources with City opportunities. " Mission "Advance and facilitate an environment of business opportunities, focusing on increasing expenditures to minority, woman and service disabled veteran-owned businesses by the City of Virginia Beach as a means to further the City's economic development and vitality. " Minority Business Council Goals - Identify and encourage City agencies and firms projecting the City's image to fairly reflect Virginia Beach as a City of ethnic and racial diversity when carrying forward the City's business. " -"Help achieve and maintain the opportunity for improved minority business participation levels in the procurement process for goods, services and construction. " October 26, 2010 -4- CITY COUNCIL'SBRIEFING ITEM # 60360 (Continued) MINORITYBUSINESS COUNCIL ANNUAL REPORT Minority Business Council Committees -Policy - Outreach -Data Collection and Analysis -Minority Awareness/Media Amma Guerrier, Financial Counselor - Minority Business Council October 26, 2010 -5- CITY COUNCIL'S BRIEFING ITEM # 60360 (Continued) MINORITYBUSINESS COUNCIL ANNUAL REPORT CITY COUNCIL'SBRIEFING October 26, 2010 -6- ITEM # 60360 (Continued) MINORITYBIISINESS COUNCIL ANNUAL REPORT Wanda Cooper, Chair, continued the report: Area(s) of Weakness in Meeting IO% Goal O Focus Group - to learn of challenges and barriers O Capita[ Projects - Subcontracting - Bonding & Insurance - Access to Capital - Education on Process - Woman and Minority Participation Plan Major Events / Quarterly Industry Hour / Departmental Presentations / Annual MBC Conference and EXPO (Nov 2009 -291 attended) / Spring Construction Forum (May 2010- SO attended) / Strategic Planning Retreat (June 2010) / Fall Construction Workshop, Series I(Nov 4, 2010)-Redesigned / Business Development Workshop(in partnership with DBA, June Z010) / Business Development Workshop (in partnership with SBA, October 20I0) Minnritv Business Council Ci Council Liaisons Members RonA. Villanueva* O Wanda Cooper-Chair Bob Dyer Glenn R. Davis O Linda Bright- Vice Chair O Amnza Guerrier- Financial Counselor O Ferdinand Perez- Secretarial Officer O Delceno Miles O Carla Bailey O Prescott Sherrod O Edwin Tirona O John Williams O Byron Williams, Sr O Justo Man licmot *Special appreciation to Delegate Ron A. Villanueva (/'ormer City Councilmember Liaison) Seven (7) Minoriry Business Council Associates MBC Associates October 26, 2010 -~- CITY COUNCIL'SBRIEFING ITEM # 60360 (Continued) MINORITYBUSINESS COUNCIL ANNUAL REPORT Councilman Dyer expressed appreciation to Wanda and the entire Minority Council. A tremendous amount of effort from Patricia Phillips, Director of Finance, and her staff has been the "key to success ". Tammy Owens, (Small Women and Minority owned) SWaM Business Development Manager for the Department of Economic Development, participates energetically. Patricia Phillips recognized Deputy Ciry Attorney Rod Ingram and his beneficial assistance and ideas. He is an "Honorary Member" of the Minoriry Business Council. October 26, 2010 -8- CITYCOUNCIL COMMENTS 4: SO P.M. ITEM # 60361 Mayor Sessoms introduced and welcomed Donna Boone-Caldwell, MMC - City Clerk, Town of Blacksburg and Stephanie M. Moon, CMC - City Clerk, City of Roanoke, who are attending the Virginia Municipal Clerks Institute and Academy at the Sheraton Oceanfront. ITEM # 60362 Council Lady Henley, Member - Hampton Roads Planning District Commission (HRPDC), referenced the meeting last Wednesday, October 20, 2010, and her concerns. One issue deals with the Total Maximum Daily Load ('1'MDL) recommendations for the Chesapeake Bay. The "comments " are due to the Environmental Protection Agency on November 8, 2010. The Planning District has calculated the costs are going to be absolutely extraordinary if the Environmental Protection Agency Plan is followed. The comments, she believes, are primarily addressing the modeling utilized by the EPA. It is important the modeling be correct. Correspondence will be forwarded and Council Lady Henley assumes all the localities will sign. The HRPDC is still analyzing the data as all information had not been received last Wednesday. The completed data and suggested letter are supposed to be forwarded by the end of this week. Council Lady Henley requested Ciry Staff advise City Council. Council Lady Henley expressed concern re the enormous cost (approximately $9-BILLION) for the Region over the next fifteen (1 S) years. Council Lady Henley shared this information with Lynnhaven River Now for their review. They have concerns with the modeling and found errors. It is important to work with all the stakeholders. The City Manager advised there are concerns. There will be a Briefing on some elements in Closed Session this afternoon. On Friday, information and a letter will be sent in Ciry Council's Agenda Packet. The modeling has to be correct prior to a reasonable solution. Public Works is preparing a major Briefing on Stormwater Management and Maintenance generally. This will be presented around the end of lhe year or first part next year. This is a major cost item. Council Lady Henley referenced some of the changes Virginia Beach has taken with the Green Ribbon Committee and our citizens are doing voluntary compliance. She is hoping all of these efforts can weigh in and that the City will not just review the amount of funds as being the "measure ". ITEM # 60363 Council Lady Henley referenced a Presentation on Disaster Preparedness, as it deals with "People with Special Needs ". This Presentation was directed mainly toward the Medical Special Needs Registry. The Open House will be October 28, 2010. Council Lady Henley expressed appreciation to the Mayor for requesting the Emergency Services meet with her. Council Lady Henley referenced experiences with the Senior Resource Center in the last year in an attempt to prepare a Disaster Plan for the residents. The Medical Registry is a very pertinent document, but there must be some means of reaching out to people individually. The new Field House proposed "shelter" will be a while before it can be utilized in a disaster. With the elderly, Council Lady Henley worries not only about Hurricanes but snowstorms and ice storms. The Senior Resource Center will conduct its Annual Health Fair tomorrow morning, October 27, 2010. October 26, 2010 -9- CI T YCO UNCIL COMMENTS ITEM # 60364 Council Members DeSteph and Diezel advised the Mayor's Wheelchair Basketball Tournament was held this weekend. The local team, the Sun Wheelers, participated as well as participants from all over the Country. Council Members DeSteph and Diezel referenced their aggressiveness. Mayor Sessoms expressed appreciation to Councilman DeSteph, who is an Electrical Engineer and assisted with the repair ofsome of the participant's equipment. October 26, 2010 -10- A GENDA R E VIE W SESSION 5:00 P.M. ITEM # 60365 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: K. ORDINANCES/RESOL UTION Ordinance to ADD Section 23-43.2 to the City Code re Nighttime Use of City Parks 2. Ordinances to ACCEPT and APPROPRIATE: a. $2.8-Million from the fund balance of the General Fund to the Risk Management Internal Service Fund re insurance premiums and self- insurance claims b. School Operating Budget and additional funding for various capital projects (Reversion Funds): (1) $2, 555, 000 for Pupil Transportation category re bus replacement (2) $11,248,211 to the School Reserve Special Revenue Fund re anticipated Operating Budget shortfall in state and federal revenue (3) $162, 800 to the Instructional category re purchase of classroom furniture, tools and equiprnent (4) $31, 000 to the Operations and Maintenance category re purchase of 2,000 replaceinent portable radios (S) $28, 000 to the Administration category re Diversity Youth Ambassadors Leadership training (6) $312,100 to the School Technology Category Special Revenue Fund to purchase replacement computers (7) $350, 000 to the Pupil Transportation Maintenance Service Facility (8) $250, 000 to Renovations and Replacements, Various, Phase II - replace auditorium seats at Creen Run High School c. $3,600 from the U.S. Department of Homeland Security to the Fire Department's FY 2010-11 Operating Budget re support of the Virginia Task Force 2 Urban Search and Rescue Team Advisory Committee Working Group's expenses for attendance and administration of scheduled meetings October 26, 2010 -11- A GENDA RE VIE W SESSION ITEM # 60365 (Continued) 3. Ordinance to TRANSFER $625,000 from unencumbered funds to the Pupil Transportation Maintenance Services Facility a. $382,801 from Virginia Beach Middle School replacement b. $234,522 from the Academy Facilities improvements c. $ S, 301 from Alternative Education Facility - Phase I d. $ 1,282 from Renovations and Replacements - Various e. $ 1, 042 from Diamond Spring Elementary School f. $ 52 from Renovations and Replacements - HVAC The Ciry Manager advised re Item 2b. (School Operating Budget and additional funding for various capital projects (Reversion Funds): the balance of this Reserve Fund is limited to 2% of the previous year's School operating budget, which equates to $13.4-MILLION. October 26, 2010 -12- A GENDA RE VIE W SESSION ITEM # 60366 L. PLANNING - NO ACTIONNECESSARY 1. Application of EDEN VENTURES, L.L.C./JAMES C. MCNUTT for a Conditional Use Permit re a bar/night club at 313 32"`~ Street. DISTRICT 7 - PRINCESS ANNE 2. Ordinance to AMEND the Comprehensive Plan re the Interfacility Traffic Area (ITA) and Vicinity Master Plan, October 2010. *No Action Necessary. These items will be readvertised for City Council action at a late date after the Planning Commission has acted. ITEM # 60367 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: M. PLANNING 1. Application ofMRS. WILLIE H. GRAYfor a Noncon orming Structure at 209 North Birdneck Road to enlarge and renovate the residential dwelling re health and safety needs. DISTRICT 6 - BEACH 2. Application of M& T MANAGEMENT, INC./OAK BREEZE, LLC for Modification of Pro er No. 2 to reduce the size of proposed dwellings (previously approved by City Council on April 25, 2006) at Seaboard Road and Go~atch Lane. DISTRICT 7 - PRINCESS ANNE 3. Application of CORNERSTONE CITY OF REFUGE INTERNATIONAL CHURCH/LENWOOD IRELAND for a Conditional Use Permit re a church at 528 South Military Highway, Suite A. DISTRICT 2 - KEMPSVILLE 4. Application ofLIVING WORD GOSPEL CHURCHfor a Conditional Use Permit re a church at 4971 Cleveland Street. DISTRICT 2 - KEMPSVILLE October 26, 2010 -13- ITEM # 60368 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 purposes: PERSONNEL MATTERS.• Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public o~cers, appointees or employees pursuant to Section 2.2-3711 (A)(1) 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: Rose Hall District Princess Anne District Princess Anne District Princess Anne District LEGAL MATTERS: Consultation with legal counsel or briefings by staff inembers or consultants, pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, 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). Chesapeake Bay Clean-up Implementation Plan Upon motion by Councilman Wood, seconded by Councilman Dyer, Ciry Council voted to proceed into CLOSED SESSION at S: 02 P.M. October 26, 2010 -14- ITEM # 60368 (Continued) voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, 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: Glenn R. Davis, [Out of the City on Family VacationJ [Closed Session: S: 02 P.M. - S: SO P.M.J ~Break: S: OS P.M. - 5:10 P.MJ October 26, 2010 -15- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL October 26, 2010 Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, Tuesday, October 26, 2010, at 6: 00 P.M. Council Members Present.• Rita Sweet Bellitto, William Robert M. Dyer, Barbara , Mayor William D. Sessoms, and James L. Wood R. "Bill " DeSteph, Harry E. Diezel. M Henley, Vice Mayor Louis R. Jones, Jr., John E. Uhrin, Rosemary Wilson Council Members Absent.~ Glenn R. Davis, (Out of the Ciry on Family VacationJ INVOCATION: Reverend Terry Shuttlesworth Dominion Christian Center 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 a~liate 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 identifies a matter in which he has a`personal interest ", as defined by the Act, he will either abstain from voting, or frle the appropriate disclosure letter with the City Clerk to be included in the official records of Ciry Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. October 26, 2010 -16- 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 ident~ing 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 o~cial records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter ofApril 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting frrm 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 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 Ciry Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of.7anuary 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent a~liated with Prudential Decker Realty. Because of the nature of Real Estate Agent a~liation, 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 itle 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. October 26, 2010 -17- Item V-E.1 CERTIFICATION ITEM # 60369 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, 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 Ciry Council. Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, 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: Glenn R. Davis October 26, 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 #60368, Page 13, and in accordance wirh the provisions of Tbe Virginia Freedom of Information Acr, and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~~ J uth Hodges Fraser, MMC Ciry Clerk October 26, 2010 -18- Item V-F. MINUTES ITEM # 60370 Upon motion by Councilman Dyer, seconded by Council Lady Bellitto, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of October 12, 2010: Voting: 10-0 Council Members VotingAye: Rita Sweet Bellitto, 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: Glenn R. Davis October 26, 2010 - 19- Item V-G1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 60371 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION October 26, 2010 -20- Item i~ G.2. PRESENTATION ITEM # 60372 Mayor WELCOMED Representatives: THE VIRGINIA SYMPHONY Eric Borenstein Executive Director JoAnn Falletta Music Director The Virginia Symphony is 91 years old this year. The Virginia Symphony Orchestra ranks in the top ten percent of professional symphony orchestras in the nation. The VSO has a complement of seventy-five (75) professional musicians under the direction of Grammy-winning Music Director JoAnn Falletta and performs one hundred thirty (130) concerts annually, reaching 200, 000 concert goers every season in venues throughout the region. Our education and outreach programs reach 53, 000 students and adult learners every year. Mr. Eric Bornstein recognized Nancy Creech and Bill Hearst, Members of the Virginia Symphony Board. Mr. Bornstein introduced JoAnn Falletta, virginia Symphony Orchestra Music Director, celebrating her twentieth year with the Symphony. Director Falletta expressed "thanks " to the Mayor and City Council and the entire organization for their continuing support of the City of Virginia Beach. They have benefited from the City's passion of the arts. Ms. Falletta and the musicians thoroughly enjoyed playing at The Neptune Festival and hope to work with the City to make it an annual event. October 26, 2010 -21 - Item V-G.3. PRESENTATION ITEM # 60373 Mayor Sessoms WELCOMED Delegate Ron Villanueva to present the House Joint Resolution No. 266 plaque commending Virginia Task Force 2 and the Virginia Beach Fire Department's outstanding service to the relief effort in Haiti in response to the devastating 7. 0 earthquake that hit in January of this year and advising Recertification. House Joint Resolution No. 266: House Patrons: Villanueva, Cosgrove, Howell, laquinto, Knight, Purkey, Stolle and Tata; Senate Patrons: Blevins, McWaters, Miller, Northam and Wagner Fire ChiejSteven Cover Deputy Chief Randy Journigan District Chief Mark Piland Battalion Chief Dennis Keane October 26, 2010 histary ~ hilite ~ pdf Commending Virginia Task Force 2. HOUSE JOINT RESOLUTION NO. 266 Agreed to by the House of Delegates, February 19, 2010 Agreed to by the Senate, March 4, 2010 WHEREAS, Virginia Task Force 2, an elite urban search and rescue team sponsored by the Virginia Beach Fire Department, was activated for deployment on January 13, 2010, to Port-au-Prince, Haiti, in response to the devastating 7.0 earthquake that hit the country on January 12; and WHEREAS, Virginia Task Force 2 arrived in Haiti late on January 15, 2010, and on January 16, 2010, began searching for survivors in conjunction with a task force from New York; and WHEREAS, on January 17, 2010, Virginia Task Force 2 was able to drop a tube to a survivor trapped in the collapsed United Nations Building so he could receive water; almost eight hours later, team members were able to pull the survivor out of the rubble; and WHEREAS, on January 19, 2010, Virginia Task Force 2 team members were also able to save two children trapped in a collapsed residential building; and WHEREAS, Virginia Task Force 2 is a specialized team of approximately 200 members organized and managed b;/ the Federal Emergency Management Agency; and WHEREAS, highly trained team members have been deployed in response to various natural disasters and were deployed to the Pentagon on September 11, 2001; and WHEREAS, a world class urban rescue team, Virginia Task Force 2 is comprised of firefighters, emergency medical services personnel, dog handlers, engineers, and physicians from cities and counties in the South Hampton Roads area; now, therefore, be it RESOLVED by the House of Delegates, the Senate concurring, That the General Assembly hereby commend Virginia Task Force 2 for its readiness and response to the Haitian earthquake; and, be it RESOLVED FURTHER, That the Clerk of the House of Delegates prepare a copy of this resolution for presentation to Virginia Task Force 2 as an expression of the General Assembly's respect, admiration, and gratitude for the team's readiness and service in times of crisis. Legislative Information Svstem -22- Item V-I. PUBLIC HEARING ITEM # 60374 Mayor Sessoms DECLARED A PUBLIC HEARING: FY2010-11 AMENDMENT TO THE CITY'S CAPITAL BUDGET re VDOT's safety and capacity improvements There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. October 26, 2010 - 23 - Item i~ K. ORDINANCES ITEM # 60375 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROI~ED in ONE MOTION Items 1, 2a/b/c and 3 of the CONSENT AGENDA. Voting.• 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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: Glenn R. Davis October 26, 2010 -24- Item i~ K.1. ORDINANCES ITEM # 60376 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinance to ADD Section 23-43.2 to the City Code re Nighttime Use of City Parks Voting: 10-0 (By Consent) Council Members voting Aye: Rita Sweet Bellitto, 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.• Glenn R. Davis October 26, 2010 1 AN ORDINANCE TO ADD SECTION 23-43.2 2 TO THE CITY CODE PERTAINING TO 3 NIGHTTIME USE OF CITY PARKS 4 5 SECTION ADDED: § 23-43.2 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 23-43.2 of the Code of the City of Virginia Beach, Virginia, is hereby 11 added and ordained to read as follows: 12 13 Sec. 23-43.2. Niqhttime Use of Citv Parks. 14 15 ~~ Anv person who remains, qoes or enters upon anv citv park or the park's 16 parkinq areas, between sunset and sunrise shall be quilty of a misdemeanor and 17 subiect to a fine not less than $200 and not more than $500. 18 19 (b) This section shall not apply during citv-sponsored events or events 20 authorized bv citv permit. nor shall it apply to anv city emplovee or authorized aqent 21 while in the performance of official duties. 22 23 (c) As provided bv Code of Virainia ~ 15.2-1124, city parks and parkinq areas 24 are under citv police iurisdiction for the enforcement of this ordinance pertaininq to the 25 use and occupancv thereof. 26 27 {d) For the purpose of this section, "citv park" means anv city-owned and 28 operated property open to the public for qeneral recreational use, includinq but not 29 limited to traditional park areas, canoe and kavak launch areas, and the disabled 30 children's beach plavqround known as Grommet Park. The term "city park" does not 31 include citv-owned aolf courses or city-owned and operated motor boat launch ramp 32 areas. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 26tn day of October, 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /'~~/ !~ Police Department City Att ey's Offi APPROVED AS TO CONTENT: f,. /" C ~ _..y~ i . .,s ~~ rtment ~Parks and ~ecreation __~ ---------~ ____.-- CA11513 R-5 October 13, 2010 -25- Item V-K.2.a. ORDINANCES ITEM # 60377 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinance to ACCEPT and APPROPRIATE: a. $2.8-Million from the fund balance of the General Fund to the Risk Management Internal Service Fund re insurance premiums and self- insurance clai»zs Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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: Glenn R. Davis October 26, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE FUND BALANCE OF THE GENERAL FUND TO THE MANAGEMENT INTERNAL SERVICE FUND WHEREAS, the City of Virginia Beach's Risk Management Fund manages and accounts for insurance and self-insurance claims and related costs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $2.8 million is hereby appropriated from the fund balance of the General Fund to the Risk Management Internal Service Fund to pay for insurance premiums and self-insurance claims. Adopted by the Council of the City of Virginia Beach, Virginia on the 26th day of october , 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 C~ ey's Office CA11627 R-2 October 11, 2010 -26- Item V-K.2. b. (1)-(8). ORDINANCES ITEM # 60378 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinance to ACCEPT and APPROPRIATE.• b. School Operating Budget and additional funding for various capital projects (Reversion Funds): (1) $2, 555, 000 for Pupil Transportation category re bus replacement (2) $11,248,211 to the School Reserve Special Revenue Fund re anticipated Operating Budget shortfall in state and federal revenue (3) $162, 800 to the Instructional category re purchase of classroom furniture, tools and equipment (4) $31, 000 to the Operations and Maintenance category re purchase of 2,000 replacement portable radios (S) $28, 000 to the Administration category re Diversity Youth Ambassadors Leadership training (6) $312,100 to the School Technology Category Special Revenue Fund to purchase replacement computers (7) $350, 000 to the Pupil Transportation Maintenance Service Facility (8) $250, 000 to Renovations and Replacements, Various, Phase II - replace auditorium seats at Green Run High School Voting: 10-D (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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.• Glenn R. Davis October 26, 2010 1 AN ORDINANCE TO APPROPRIATE FUNDING TO 2 THE SCHOOL OPERATING BUDGET AND PROVIDE 3 ADDITIONAL FUNDING FOR VARIOUS CAPITAL 4 PROJ ECTS 5 6 WHEREAS, the School System reverted $14,937,111 to the City's General Fund 7 per state law; 8 9 WHEREAS, by formal resolution, the School Board requests the appropriation of 10 this funding to the School Operating and Capital Budgets; and 11 12 WHEREAS, in 2003 the City Council established the School Reserve Special 13 Revenue Fund at the request of the School Board to allow the School System to set 14 aside funding to be in a better position to respond to (1) unexpected shortfalls in state or 15 federal revenues, (2) emergency expenditures of a non-recurring nature, or (3) other 16 fiscal emergencies. Use of funds from this reserve requires a resolution stating the 17 purpose of the expenditures and the total amount to be expended to be adopted by a 18 two-thirds majority of the School Board and an appropriation ordinance to be adopted 19 by the City Council. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA, THAT: 23 24 Funding is appropriated, with estimated use of fund balance from the General Fund 25 increased accordingly, as follows: 26 27 1. •$11,248,211 to the School Reserve Special Revenue Fund (#98) for 28 unexpected shortfalls in state or federal revenues or other non-recurring 29 expenses; 30 31 2. $2,776,800 to the School Operating Fund (#115) in the amounts and for the 32 purposes set forth below: 33 a. $2,555,000 to the Pupil Transportation Category; 34 b. $28,000 to the Administration, Attendance, and Health Category; 35 c. $31,000 to the Operations and Maintenance Category; and 36 d. $162,800 to the Instructional Category; 37 38 3. $312,100 to the School Technology Category Special Revenue Fund (#106); 39 and 40 41 4. $600,000 to the School's Capital Budget for: 42 43 a. $350,000 to capital project #1-078 Pupil Transportation Maintenance 44 Service Facility; and 45 46 b. $250,000 to capital project #1-105 Renovations and Replacements - 47 Various - Phase II. Adopted by the Council of the City of Virginia Beach, Virginia, on the26th day of october , 2010. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT ~ ~ ~ ~ ~~j~~ - Management Services APPROVED AS TO LEGAL SUFFICIENCY: ~ ~ y y's Office CA11628 R-2 October 14, 2010 --:~'. . ~~~``~-~~~~ ~.~~ ~~~ ~~~~r~ ~~~~ ~4~~i,~~r ~~~~~~.~ A N E A D O F T H E C U R V E SCki00L BOARD Danie! 0. Edwards Chairman DisNct t • Csntervipe 1513 Beachview Drive VA 9each, VA 23469 495-3551 (h} • 7i7-U259 (c~ 1Nilliam J. "Bii!" 8runke,lV Vfce~Chairman District 7 - Princess Anne 4099 ~oxwood 4rive, Saile 168 Virginia Beach, VA 23462 222-0134 {w~ . 286-2772 (c) Todd C. Davidson AI-Large 1861 Mayberry Drivs VA 8each, VA 23456 421-3330 (w} • 26~94D9 (c) Emma L "Em" Davis ~istrlcl 5 - LynMaven 7125 Michaelwood Drive VA 9each, VA 23452 ~o-e~~~ ~n~ Patricia G. Edmonsan DisUict 6 • 8each ~ 205 34~ Slreel, #15i5 VA Heach, VA 23451 675-0137 (c) Brent N. Mckenzie District 3 - Rose Hall 140D Brookwood Place VA 6eaCh, VA 23k53 a~s-zT3s t~} Ashley K. McLeod A6Large 5508 Del Park Avenue VA BeaCh, VA 23455 552-0.348 (h) Patdck S. Salyer AI-Larga 2233 Creeks Cdge Orive VA Beach, VA 23651 s2o•2~n~ ~~~ 0. Scott Seery At-Large 222 CenUal Park Ave. Sle 1306 VA Beach, VA 23b62 333-4042 (wj • 353-7766 jc} Sandra Smilh•JOnes 4i5U;ce z - Kemps~~ale 705 Rack Creel: Cuur'. VA Beach, VA 23d52 490-8167 (h) Carolyn D. 4l''aems Districi4• Baysi9e 1A20 Gaudia D[a~e VA Beach, VA 2~455 464.6674 (h} SUPERfNTENDENT JameS ~. Merrilt, Ed.D. 2512 George Mason Drive VA Beach, VA 23455 2fi3-S 467 RESOLUT[ON REGARDING FY 2009-'SO REVERSlON FUNDS WHEREAS, Qn September 2~, 2010 the School Board was presented with a summary of ihe unaudited financial staiement for FY 2009-10 on the addi~onal revenue and expenditure savings resufting in a reversian to the Cify's General Fund; and WHEREAS, the total estimated funds available #or re-appropriation is $14,937,119; and WHEREAS, the Administra6on recommends the foilowing uses for the $14,937,11 T available: • $ 2,555,OOa ta Fund 115-School Operating Fund Budget, Transporfation category, for bus replacements • $ 350,000 to the C!P 1-078 Pupi! Transportafion Main#enancs Service FaciEify • $226,800 to Technology Fund 106 to replace camputers in Elect~onics Labs 7CE pragrams at 9 higft schools • $75,000 to Technology Fund 106 for deskfop computers (~0} for bus. labs, eng. labs, markefing labs at Landstows~ HS 7ech. Acad. • $10,300 to Technology Fund 1b6 for laptops & laptop carts for Tech & Career Ed. Ctr. • $14,804 to Fund 315, School Operafing Fund, Ins~ructionai Categoryfor needed classraom fumiture Tech & Career Ed. Ctr. . • $.120,600 to Fund 115, Schoo! Operating Fund, lnstruct~ona[ Cafegory for needed elementary cfassro4m furniture replacements • $250,000 to CIP 1-105, Renovations & Replacements, for replacement of auditorium seats at Green Ran HS • $28,000 to Fund 115, Schoo! Operating Fund, lnstructianal Categary far foolslequipment in engineering lab at Lan.dstown HS • $31,000 to Fund 115, Schoo! Opera6ng Fund, Operations and Maintenance Category, 200 portable replacement radios for schools • $28,OOQ to Fund 115, School Operaang Fund, Administrafion Ca#egory, for Diversity Youth Ambassadors Leadership train.ing • $11,248,211 to tt~e Sci~ool Reserve Special Revenue Fund to be set aside for the purpose of covering (1} anficipated Operating Budget shortfialS for FY 2011-32, (2) likely increases in VRS rates #or FY 2013-12, and (3) likely increases in the Schoois portion af the Health Care Funtl for FY 2011-12 NQW, 7HEREFORE, BE lT RESOLVED: That the Baard approves the recommended uses of the FY 2009-10 Reversion funds as presented by the Administra#ion; and be if PUf2THER RESOIVED: 7hat fhe City Councii apprapriate the $14,937,191 to the various funds and categories specifed in the bulleted list above; and be it FURTHER RESOLVED: That a copy of this resolutian be spread across the official minvtes of #his Board, and the CEerk of the Soard is direcfed to deliver a copy of this resolution to the Mayor, each member of City Council, the Cify Manager, and the Cify Clerk. Adopted by the School Board of the City of Virginia Beach ihis 5th day of October 2010 SEA,L ~ Danie{ D. Etlwards, Chairman Attesl: ~r~Q~, ~ Dianne P. Alexander, Clerk of the Board i School Administration Building • 2512 George Mason Drive • P.O. Box 6Q38 • Virginia Beach, VA 23456-00.38 ~i o ~~ ~ -27- Item V-K.2. c. ORDINANCES ITEM # 60379 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to ACCEPT and APPROPRIATE: c. $3,600 from the U.S. Department of Homeland Securiry to the Fire Department's FY 2010-11 Operating Budget re support of the Virginia Task Force 2 Urban Search and Rescue Team Advisory Committee Working Group's expenses for attendance and administration of scheduled meetings Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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: Glenn R. Davis October 26, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY TO THE FY 2010-11 OPERATING BUDGET OF THE FIRE DEPARTMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1) $3,600 is hereby accepted from the United States Department of Homeland Security and appropriated, with estimated federal revenues increased accordingly, to the FY 2010-11 Operating Budget of the Fire Department for support of the Virginia Task Force 2 Urban Search and Rescue Team Advisory Committee Working Group's expenses for attendance and administration of scheduled meetings. Adopted by the Council of the City of Virginia Beach, Virginia on the 26th day of october , 2010. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: J~` ~ ~~z~ ~ , Management Services Approved as to Legal Sufficiency: _ o y s Office CA11735 R-2 October 14, 2010 -28- Item V-K.3. a f ORDINANCES ITEM # 60380 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to TRANSFER $625,000 from unencumbered funds to the Pupil Transportalion Maintenance Services Facility a. $382,801 from Virginia Beach Middle School replacement b. $234,522 from the Academy Facilities improvements c. $ S, 301 from Alternative Education Facility - Phase I d. $ 1,282 from Renovations and Replacements - Various e. $ 1, 042 from Diamond Spring Elementary School f. $ 52 from Renovations and Replacements - HVAC Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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: Glenn R. Davis October 26, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 AN ORDINANCE TO TRANSFER $625,000 WITHIN THE FY 2010-11 SCHOOL CAPITAL BUDGET Whereas, $625,000 in unencumbered funds exists in various School capital projects because these projects are either under budget or complete; and Whereas, the School Board, at their October 5, 2010 meeting, requested a transfer of $625,000 from these projects to CIP 1-078 Pupil Transportation Maintenance Services Facility to address unexpected costs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following amounts are hereby transferred from the referenced projects to CIP 1-078 Pupil Transportation Maintenance Services Facility: (a) $234,522 from CIP 1-031 Academy Facilities Improvements; (b) $1,282 from CIP 1-074 Renovations and Replacements - Various; (c) $1,042 from CIP 1-075 Diamond Spring Elementary School; (d) $5,301 from CIP 1-082 Alternative Education Facility-Phase I; (e) $52 from CIP 1-084 Renovations and Replacements-HVAC; and (fl $382,801 from CIP 1-234 Virginia Beach Middle Replacement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of october , 2010. APPROVED AS TO CONTENT ~ ~ i ` anagemen ervice APPROVED AS TO LEGAL SUFFICIENCY: ~ ity ~ ey's Office CA11736 R-2 October 14, 2010 ~ ...~ -~.x-- ?<'. ~~ 1 ~Ca~ N1~ A H E SCHOOLB4ARD Daniel D. Edwards Chauman Dishic! S - Cen~ervin@ t513 8eachview Drive VA Beach, VA 23464 4953551(h) • 717-0259 (c) Wtlliam J.'Bill" Bronke, N VicrChairman Dis4icl7 - Princess Anr~e A099 Foxwood Drive, Suite 108 Vlrginia Beach, VA 23462 222-0134 (w) • 286-2772 (c) 7odd C. Davids~n At-~arge t861 Mayberry Drive VA Beach, VA 23456 427-3330 (w) . 285-9408 (cj Emna L. "Em" Davis ~isirict 5 - Lynnhaven 1125 ANchaelwood ~rlve VA Beach, VA 23452 I 340-8911 (h) i Patdcia G. Edmomm~ o~v~ts-eexn 205 34~ SUeet #1515 VA Beach, VA 23461 675~013T (c} 6rent N. Mckenzia District 3 - Rose Hall 1400 Brookwood Place VA Beach, VA 23453 816-2736 (c) Ashtey K. McLeod a~ge 5508 Del Patlc Avenue VA 8each, VA 23455 552-0348 (h) Patdck 5, Safyer AEi.arge 2233 Creeks Edge Cklve VA Beach, VA 23455 ~20~2141 (c} D. Scott Seery At-Leige 222 Central Park „ve. Ste 1300 VA Beach, VA 2"~.G" 'l 3334D42 (w) . 353-TT66 (c) Sandra SmithJOnes Oislriol 2 - Kempsvifle 705 Raclc Creek Courl VA Seach, VA 23462 490-8167 (h) Carolyn D. Weems Disfrict 4 - Bayside 1420 qaudia 6nve VA Beach, VA 23455 464-6674 (n) SUPERINTENDENT James G. Merr~l, Ed.D, 2512 George Meson Drive VA Beach, VA 23456 263-1007 BEACH ~ITY PU~LIC SC~°1C3O~.S A a a~ T H~ c u R v~ CAPITAL IMPROVEMENT PROGRAM 7~2AN5FER OF FUNRS RESOLUTION WHEREAS, A contract was awarded in March, 2~09 for the Pupl l'ransgorta6on Services Mainfenance Facifity; and WHERE,4S, tha project is currently approxlmately eighty percent complete; and WNEREAS, as a result of unforeseen site conditions and projected hazardous mater{al abatemenf and demolition cosfs the projec# exceeds original estimates and; WhlEREAS, unencumbered funds are available in other capital projects, which are either under budget or compieie; NOW, ThiEREFORE, BE IT RE50lV6D: That ihe Schooi Board of the Ciiy of Virginia Beach requests thai City Council approve transfers as follows: Cip 1'ransfer From: CIP 1-03! Aeatlemy Faalities Improvemenfs.......$234,521.9fi CIP 1-O7A Renova6ons & Replacements-Various......1,282.11 CIP 1-075 Diamond Spring Elementary School..........1,042.27 CIP 1-482 Aitema6ve Educatfon Facility-Ph I .............5,301.48 CIP 1-0$4 Renova6ons & Replacements-HVAC .............51.47 ClP 1-234 Urginia Beach Middle Replacement......382,800.71 FY 2409-10 Reversion F'unds .................................350.000.00 Tota1 ...................................................................... $975,0OO.OU CIP Transfer To~ CIP 1-078 Pupil Transportation Maintenance Services Facility and be it FURTHER RESOLVED: That a copy of this resolaGon be delivered promptly to each member of City Council, the City Manager, and fhe City Clerk by the Clerk of the Board. Adoptetl by the School Board of the City of Virginia Beach this 5th day of October 2010 S E A L 1 ~~~..^. aniel D, Edwards, Chairman Attesfi ,C~tc~+-,,..c,. ~~!,S{~2~i,~ Dianne P, Alexander, Cle~k of the Board School Adrninistration euilding • 2512 George Mason 6rive • P.O. Box 6038. • Vrginia Beach, VA 23456-U038 -29- Item [~ L. PLANNING ITEM # 60381 NO ACTION NECESSARY 1. EDEN VENTURES, L.L.C./JAMES C. McNUTT 2. AMEND THE COMPREHENSIi~E PLAN Item -M. PLANNING 1. MRS. WILLIE H. GRAY ITEM # 60382 2. M& T MANAGEMENT, INC. /OAK BREEZE, LLC 3. CORNERSTONE CITY OF REFUGE INTERNATIONAL CHURCH/LENWOOD IRELAND 4. LIVING WORD GOSPEL CHURCH CONDITIONAL USE PERMIT RE THE INTERFACILITY TRAFFIC AREA (ITA) and i~ICINITYMASTER PLAN, October 2010 NONCONFORMING STRUCTURE MODIFICATION OF PROFFER NO. 2 CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT October 26, 2010 -30- L. 1. PLANNING - NO ACTION NECESSARY ITEM # 60383 Ordinance upon application ofEDEN VENTURES, L.L.C./JAMES C. McNUTT for a Conditional Use Permit re a bar/night club at 313 32"`~ Street (GPIN 2418928642) DISTRICT 7 - PRINCESS ANNE *No Action Necessary. This item will be advertised for City Council action at a later date after the Planning Commission has acted. October 26, 2010 -31- L. 2. PLANNING - NO ACTION NECESSARY ITEM # 60384 Ordinance to AMEND the Comprehensive Plan re the Interfacility Traffic Area (ITA) and Vicinity Master Plan, October 2010. *No Action Necessary. This item will be advertised for Ciry Council action at a later date after the Planning Commission has acted. October 26, 2010 -32- Item V-M. PLANNING ITEM # 60385 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1, 2, 3 and 4 of the CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members votingAye: Rita Sweet Bellitto, 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: Glenn R. Davis October 26, 2010 - 33 - Item V-M.1. PLANNING ITEM # 60386 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution upon Application ofMRS. WILLIE H. GRAYfor a Noncon ormin Structure at 209 North Birdneck Road (GPIN # 241 7553 3 70) to enlarge and renovate the residential dwelling re health and safety needs. DISTRICT 6- BEACH The following conditions shall be required.• 1. The restoration and expansion shall substantially adhere to the submitted marked-up site plan entitled, "Physical Survey of Property as Described in D.B 999 P.89 ", prepared by Gallup Surveyors & Engineers, LTD. and dated February 11, 1992. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed restoration and expansion shall substantially adhere to the submitted elevation entitled, "Proposed Addition Plan for Willie H. Gray ", prepared by Walter Parker. Said elevations have been exhibited to the virginia Beach City Council and are on file in the Planning Department. 3. All required permits for the proposed restoration and expansion shall be obtained from the Planning Department/ Permit and Inspections Division. Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill' Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis ' DeSteph, Harry E. Diezel, Vice Mayor Louis R. Jones, Uhrin, Rosemary Wilson and October 26, 2010 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT AND RENOVATION OF A 3 NONCONFORMING USE ON PROPERTY 4 LOCATED AT 209 N. BIRDNECK ROAD 5 6 WHEREAS, Willie H. Gray, (hereinafter the "Applicant") has made application to 7 the City Council for authorization to enlarge and renovate a nonconforming use having 8 the address of 209 N. Birdneck Road, in the R-10 Residential District and 6-2 9 Community Business District, by enlarging and renovating a single-family dwelling on 10 the parcel; and 11 12 WHEREAS, the single-family dwelling is nonconforming as it not a use allowed in 13 the B-2 Zoning District; and 14 15 WHEREAS, the single-family dwelling was constructed prior to the adoption of 16 the applicable regulations; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 19 enlargement and renovation of a nonconforming use is unlawful in the absence of a 20 resolution of the City Council authorizing such action upon a finding that the proposed 21 use, as enlarged, will be equally appropriate or more appropriate to the zoning district 22 than is the existing use; 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby finds that the proposed use, as enlarged and 28 renovated, will be equally appropriate to the district as is the existing use under the 29 conditions of approval set forth hereinbelow. 30 31 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 32 BEACH, VIRGINIA: 33 34 That the enlargement and renovation of the nonconforming use is hereby 35 authorized, upon the following conditions: 36 37 1. The enlargement and renovation shall substantially adhere to the submitted 38 marked-up site plan entitled, "Physical Survey of Property as Described in D.B 39 999 P.89", prepared by Gallup Surveyors & Engineers, LTD. and dated 40 February 11, 1992. Said plan has been exhibited to the City of Virginia Beach 41 City Council and is on file in the Planning Department. 42 43 2. The proposed enlargement and renovation shall substantially adhere to the 44 submitted elevation entitled, "Proposed Addition Plan for Willie H. Gray", 45 prepared by Walter Parker. Said elevations have been exhibited to the City of 46 Virginia beach City Council and are on file in the Planning Department. 47 48 49 50 51 52 53 3. All required permits for the proposed enlargement and renovation shall be obtained from the Planning Department/ Permit and Inspections Division. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day Of Oc{-r~hPr , 2010. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: ~ Planning De~artment CA11629 R-1 October 14, 2010 ~ w ~ ~ C~, .,. ~ ~ ~ ~ ~ ~ ~ ~ a.`r ~ ~ -+ ~ N ~ ~ • ~c ~ ~ ~ ~ i ~ ~ ~ ~ . - . ~ ~ F, ~~ . ~ ~ti~~ ~ ~i 4AK~ ~Q ~ N ~ *~~ ~~ ~ - N _~ ~ m n ~ 02119 N ..`,~~ f ~ ~~1 ~ ~ ~~ ~ ~ ~~ ~ ~~ 0 ~ ~ t m ~ 0 ~~ ~ (~ t ~ 4 ~ ~ w ~ ~ c.> ~ ~ tn o ~ ~ ... r ~ ~ ~ ~. ~~ n L ~ ~~ ~~ Ka •,~; ~~~~? .~`` ~ ~~ ~ ~~ ., --L~,- ,~ ~~ ~x ~ ,~._ ~ .~ ,~ ~ ~ ~ ~t i~ ~ ~a a~oi ~ ~ _ ~ n- i,r~ ~ ~~~ ~ ~~ . ~- = Q ~ ~~ 4 r~ ~ ~ ~ C ~ ~ O U ~ ~ Z : ~ 0 ~ 4. ~ 0 ~ ~ ~ M L`~ ~ -34- Item V-M.2. PLANNING ITEM # 60387 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council APPROVED/PROFFERED, BY CONSENT, Ordinance upon application of M c~ T MANAGEMENT, INC./OAK BREEZE, LLC for Modi ication o Pro er No. 2 to reduce the size of proposed dwellings (previously approved by City Council on April 25, 2006) at Seaboard Road and Go~atch Lane. DISTRICT 7 - PRINCESS ANNE BE IT HEREBY ORDAINED BY THE CO UNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of M& T MANAGEMENT, INC./OAK BREEZE, LLC for Modification of Pro er No. 2 to reduce the size of proposed dwellings (previously approved by City Council on April 25, 2006) at Seaboard Road and Go~atch Lane (GPINs #2403667967;2403666954;2403665946;2403674043;2403675241;2406 3676112; and 2403677113). DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1. An AMENDED Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, virginia, on the Twenty-sixth of October, Two Thousand Ten Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill' Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis ' DeSteph, Harry E. Diezel, Vice Mayor Louis R. Jones, Uhrin, Rosemary Wilson and October 26, 2010 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7805 TO: Mark D. Stiles FROM: B. Kay Wilson~`~ DATE: October 14, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; M& T Management, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 26, 2010. I have reviewed the subject proffer agreement, dated June 21, 2010 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen / FIRST AMENDMENT' TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS M& T MANAGEMENT, INC., a Virginia corporation CHRISTOPHER I. KENNEDY and SUSAN B. KENNEDY, husband and wife OAK BREEZE, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 21St day of June, 2oio, by and between M& T MANAGEMENT, INC., a Virginia corporation, party of the first part, ~rantor; CHRISTOPHER I. KENNEDY and SUSAN B. KENNEDY, husband and wife, parties of the second part, Grantors; OAK BREEZE, L.L.C., a Virginia limited liability company, party of the third part, Grantor; and THE CITY OF VIRGINIA BEACH, a rnunicipal corporation of the Commonwealth of Virginia, party of the fourth part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of five (5) lots within the Oak Breeze Subdivision located in the Princess Anne District of the City of Virginia Beach, containing approximately 1.~62 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels along with the parcel of the parties of the second and third part are hereinafter referred to as the "Property"; and ~PIN: 2403-66-7967 2403-66-6954 2403-66-5946 2403-67-4043 2403-6~-524i 2403-6~-6ii2 2403-6~-~ii3 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 28i Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia z3462 WHEREAS, the parties of the second part are the owners of Lot number 4 within the Oak Breeze Subdivision located in the Princess Anne District of the City of Virginia Beach, containing approximately o.347 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel along with the parcels of the party of the first and third part are hereinafter referred to as the "Property"; and WHEREAS, the party of the third part is the owner of Lot number 6 within the Oak Breeze Subdivision located in the Princess Anne District of the City of Virginia Beach, containing approximately o.354 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel along with the parcels of the party of the first and third part are hereinafter referred to as the "Property"; and WHEREAS, the Grantors have initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantors have requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated March 2~, 2006, and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20060504000682420 (hereinafter "2006 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 land for various purposes through zoning and other land development legislation; and 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 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 uid ~ro ~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: i. Condition numbered "2" as set forth in the 2006 Proffers is hereby deleted and the following modification to Condition numbered "2" shall apply: 2. Except for the existing dwelling located upon Lot 5 on the Subdivision Plat of Oak Breeze, each of the single family residential dwellings to be constructed shall contain no less than 200o square feet of enclosed living area, excluding garage area for one-story and no less than 230o square feet of enclosed living area for dwellings in excess of one-story. Each home shall have a garage containing a minimum of 375 square feet of floor area. 2. Except as expressly modified herein, all of the covenants, restrictions and conditions contained in the "2006 Proffers" are ratified and affirmed. 3. Further conditions may be required by the Grantee during deta~led 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 R-i5 District and to the requirernents 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 accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the~ Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section i5.2-2204 of the Code of Virginia, i95o, 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; (g) 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. WITNESS the following signature and seal: Grantor: M& T Management, Inc., a Virginia corpora 'on .~ B : ~~ ~ (SEAL Y ) Thomas C. Broyles, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: / % ~"~ The foregoing instrument was acknowledged before me this ~`S day of June, 2010, by Thomas C. Broyles, President of M& T Manageme~Inc., a Virginia corporation, Grantor. ~~ \ 1~lotarv Public ~ My Commission Expires: ~ ~3 Notary Registration No.: .~.~ . ~y-Ml1~ ~~ w~i~ w~~,~"'~'~-'o~a *,~,~,u~•" ~ WITNESS the following signatures and seals: Grantors: ,n /__ ~ ~' ~ ,.. r~'~ ~ _ ' ,~~- . / , L) Chr' to er I. Kennedy - ~ .~>. ~GY~. ~(, ~l L) Susan B. Kennedy STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing inst ent was knowledged before this day of June, 2oio, by Christopher I. Kenne and Susa B. Kennedy, husb and wife, Grantors. Not ry Public My Commission Expi ~~ ~31 ~~ Notary Registration No.: . ~M~r~~ ~~r,~.~r~M'~~.~ ti3 WITNESS the following signature and seal: Grantor: Oak Breeze, LLC, a Virginia Limited liability company By: Inc., a Virginia corporation, SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged 1 2oio, by Michael E. Barne ident of Michael E. B Manager of Oak Breeze, L.L C., a Vir ' ia limited liabili No$arv Public My Commission Expires: ~ °~ ~'~~ ~~ Notary Registration No.: ~- 1EANNA MARIE 3MMIIi Not~rv ~u~Gt Comn.onwealth of V'~~111~ Ny ~;:mm~tsan E~N~s DK »~ ~~ ~ tralion 1- 35~610 ~ me this ~-S day of June, ; Inc., a Virginia corporation, zpany, Grantor. tF e h~.NA MARIE SNM1M .,,,., ~.~hr~ C~; ~rqinis ~~w,.. 201~ . ~s630 Michael E. Barney,q EXHIBIT "A" Lot i: All that certain lot, piece, or parcel of land, located in the City of Virginia Beach, Virginia, together with all improvements thereon and any appurtenances thereunto belonging, designated and described as "Lot i" as shown on that certain plat entitled "SUBDNISION OF OAK BREEZE", dated July 26, 2006, prepared by WPL, and recorded in the Clerk's Office of the Circuit Court of Virginia Beach Virginia, on July i~, 200~, as Instrument No. 2oo~o~i6ooo580~0; reference being hereby made to said plat for a more particular description of said lot. GPIN: 2403-66-7967 Lot 2: All that certain lot, piece, or parcel of land, located in the City of Virginia Beach, Virginia, together with all improvements thereon and any appurtenances thereunto belonging, designated and described as "Lot 2" as shown on that certain plat entitled "SUBDIVISION OF OAK BREEZE", dated July 26, aoo6, prepared by WPL, and recorded in the Clerk's Office of the Circuit Court of Virginia Beach Virginia, on July i~, 200~, as Instrument No. 2oo~o~i6ooo580~0; reference being hereby made to said plat for a more particular description of said lot. GPIN: 2403-66-6954 Lot 3: All that certain lot, piece, or parcel of land, located in the City of Virginia Beach, Virginia, together with all improvements thereon and any appurtenances thereunto belonging, designated and described as "Lot 3" .as shown on that certain plat entitled "SUBDIVISION OF OAK BREEZE", dated July 26, 2006, prepared by WPL, and recorded in the Clerk's O~ce of the Circuit Court of Virginia Beach Virginia, on July i~, 200~, as Instrument No. 2oo~o~i6ooo580~0; reference being hereby made to said plat for a more particular description of said lot. GPIN: 2403-66-5946 Lot 4: All that certain lot, piece, or parcel of land, located in the City of Virginia Beach, Virginia, together with all improvements thereon and any appurtenances thereunto belonging, designated and described as "Lot 4" as shown on that certain plat entitled "SUBDIVISION OF OAK BREEZE", dated July 26, 2006, prepared by WPL, and recorded in the Clerk's Off'ice of the Circuit Court of Virginia Beach Virginia, on July i~, 200~, as Instrument No. 2oo~o~i6ooo580~0; reference being hereby made to said plat for a more particular description of said lot. GPIN: 2403-67-4043 Lot 6: All that certain lot, piece, or parcel of land, located in the City of Virginia Beach, Virginia, together with all improvements thereon and any appurtenances thereunto belonging, designated and described as "Lot 6" as shown on that certain plat entitled "SUBDIVISION OF OAK BREEZE", dated July 26, 2006, prepared by WPL, and recorded in the Clerk's Office of the Circuit Court of Virginia Beach Virginia, on July i~, 200~, as Instrument No. 2oo~o~i6ooo~80~0; reference being hereby made to said plat for a more particular description of said lot. GPIN: 2403-6~-5241 Lot ~: All that certain lot, piece, or parcel of land, located in the City of Virginia Beach, Virginia, together with all improvements thereon and any appurtenances thereunto belonging, designated and described as "Lot ~" as shown on that certain plat entitled "SUBDIVISION OF OAK BREEZE", dated July 26, 2006, prepared by WPL, and recorded in the Clerk's Office of the Circuit Court of Virginia Beach Virginia, on July ~~, 200~, as Instrument No. 2oo~o~i6ooo580~0; reference being hereby made to said plat for a more particular description of said lot. GPIN: 2403-6~-6ii2 Lot 8: All that certain lot, piece, or parcel of land, located in the City of Virginia Beach, Virginia, together with all improvements thereon and any appurtenances thereunto belonging, designated and described as "Lot 8" as shown on that certain plat entitled "SUBDIVISION OF OAK BREEZE", dated July 26, 2006, prepared by WPL, and recorded in the Clerk's Office of the Circuit Court of Virginia Beach Virginia, on July i~, 200~, as Instrument No. 2oo~o~i6ooo580~0; reference being hereby made to said plat for a more particular description of said lot. GPIN: 2403-6~-~1i3 AM\ModificationofProffers\M & T Management\Oak Breeze\First Amendment to Proffer.doc -35- Item V-M.3. PLANNING ITEM # 60388 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, an Ordinance upon application of CORNERSTONE CITY OF REFUGE INTERNATIONAL CHURCH/LEIVWOOD IRELAND for a Conditional Use Permit re a church at 528 South Military Highway, Suite A(GPIN #1456382699). DISTRICT 2 - KEMPSVILLE, BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CORNERSTONE CITY OF REFUGE INTERNATIONAL CHURCH/LEIVWOOD IRELAND for a Conditional Use Permit re a church at 528 South Military Highway, Suite A. ( GPIN #1456382699) DISTRICT 2 - KEMPSVILLE R0101037441 The following conditions shall be required: The number of individuals attending any one service, or activiry, shall not exceed the occupancy number to be established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building O~cial's office. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the Ciry of Virginia Beach, Virginia, on the Twenty-sixth of October, Two Thousand Ten Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill' Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. James L. Wood Council Members Voting Nay.• None Council Members Absent: Glenn R. Davis ' DeSteph, Harry E. Diezel, Vice Mayor Louis R. Jones, Uhrin, Rosemary Wilson and October 26, 2010 -36- Item V-M.4. PLANNING ITEM # 60389 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, an Ordinance upon application of LIVING WORD GOSPEL CHURCH for a Conditional Use Permit re a church at 4971 Cleveland Street (GPIN #1477047425). DISTRICT 2- KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application ofLIVING WORD GOSPEL CHURCHfor a Conditional Use Permit re a church at 4971 Cleveland Street (GPIN #1477047425). DISTRICT 2 - KEMPSVILLE R0101037442 The following conditions shall be required.• The number of individuals attending any one service shall not exceed the number established by the Ciry's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspection Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office. 3. This Conditional Use Permit is valid for three (3) years from the date of adoption by the Virginia Beach City Council. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-sixth of October, Two Thousand Ten Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, William R. "Bill' Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis ' DeSteph, Harry E. Diezel, Vice Mayor Louis R. Jones, Uhrin, Rosemary Wilson and October 26, 2010 -37- Item.N.l. APPOINTMENTS ITEM # 60390 City Council RESCHEDULED, BY CONSENSUS the following Appointments: BOARD OF B UILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAYPRESERVATIONAREA BOARD COMMUNITY POLICY and MANAGEMENT TEAM - CSA COMMUNITY SER i~ICES BOARD ENERGYADVISORY COMMITTEE HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESER i~ATION COMMISSION HUMAN RIGHTS COMMISSION PENDLETON CHILD SERVICES MANAGEMENT BOARD PLANNING COMMISSION RESORT ADVISORY COMMISSION TIDEWATER YO UTH SER VICES COMMISSION VIRGINIA BEACH TOMORROW COMMISSION October 26, 2010 -38- Items O. ADJOURNMENT ITEM # 60391 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:20 P.M. ------ - --- ~ .~' _/„~ Beverly O. Hooks, CMC Chief Deputy City Clerk _ ~~~s,J uth Hodges Fraser, MMC Ciry Clerk City of Virginia Beach, Virginia William D. Sessoms, Jr. Mayor October 26, 2010 -38- Items O. ADJOURNMENT ITEM # 60391 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:20 P.M. ~ ~ - ,~. `~° a,~ ~ -------`~---~-~----- ------- ~ . Beverly O. Hooks, CMC Chief Deputy City Clerk ------- ~ uth Hodges Fraser, MMC City Clerk City of Virginia Beach, Virginia -1.~!~ --------------- William D. Sessoms, Jr. Mayor October 26, 2010