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FEBRUARY 22, 2011 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR W/LLIAM D. SESSOMS, JR., At-Large ~7CE MAYOR LO(!/S R. JONFS, Baysrde - Di.rtric~ d HITA SWF.ET BELl,17T0, At-Large Gl.FNN R. DAVIS, Rose Hal1- District 3 W71.1.]AM R. DeSTIsPH, At-/.arge HARRY F,. DlEZE7, Kempsvi!!e - Drsnic~ 2 ROBF.RT M. DYF.R. Centerville - Dtsirfc! 1 RARBARA M. Hh.'NI,GY, Nnnce.~s Anne - lhstrict 7 JOHN F., UHRIN, eeach - Dicrric~ 6 ROSEMARY Wll SON, AI-l,arge ./AMF ti l,. WOOD, l.ynnhaven -Dis~r~cr 5 CITY COUNCIL APPOINTEES (7TYMANAGER JAM6;SK. tiPORE ('lTYAT/'ORNF.Y MARKD. STILF.S ('lTY ASSESSOR - JERA/.D D. HANAGAN ('!TY AUD/TOR - LYNDON S. REM/AS C'ITY C[.F.RK - RUTH HO/X;ES FR,4SER, MMC CITY COUNCIL AGENDA 22 FEBRUARY 2011 I. CITY COUNCIL BRIEFING -Conference Room- A. REAL ESTATE ASSESSOR'S ANNUAL REPORT Jerry Banagan, Real Estate Assessor II. CITY MANAGER'S BRIEFINGS A. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director - Finance B. ROBIN HOOD FOREST NEIGHBORHOOD SSD DREDGiNG PROJECT David L. Hansen, Deputy City Manager II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL CITY HAGL BUILDING 2401 COURTHOUSE DRIV~: V/RG/NIA BEACH, VIRGIN/A 23456-802i PHONE: (757) 385-4303 FAX (757) 385-5669 E-MA/L: Ctycncl@vbgov.con: 3:30 PM S:OOPM C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Thomas Conant Pastor Christian Chapel Assembly of God 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 February 08, 2011 G. FORMAL SESSION AGENDA H. PUBLIC HEARINGS 1. INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easements 1646 Princess Anne Road 2. VIRGINIA BEACH BOULEVARD SIDEWALK IMPROVEMENTS PROJECT Acquisition by Agreement or Condemnation 3. REAL and PERSONAL PROPERTY TAX EXEMPTIONS Operation Smile I. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement to Laura Frances Tillman, Trustee, in the amount of $199,316 at 1646 Princess Anne Road DISTRICT 7 - PRINCESS ANNE 2. Ordinance to AUTHORIZE the major design features for the Virginia Beach Boulevard sidewalk improvements and AUTHORIZE the acquisition of all necessary rights-of-way and temporary and permanent easements, either by agreement of condemnation 3. Ordinance to DESIGNATE Operation Smile EXEMPT from Real and Personal Property Taxes 4. Resolution to AUTHORIZE the City Manager to EXECUTE, on behalf of the City, an Intergovernmental Agreement between the Virginia Department of Agriculture, Consumer Services and the City of Virginia Beach re the purchase of Agricultural Reserve Program (ARP) easements 5. Resolution to DIRECT the City Manager prepare an Ordinance re the City/School Revenue Sharing Formula and the School Risk Management Internal Service Fund and to work with the City Attorney to evaluate a consolidation of Risk Management 6. Ordinance to DONATE the VBAM radio equipment to the Virginia Department of Transportation (VDOT) 7. Ordinance to APPROPRIATE $75,000 from the General Fund as a five year interest-free loan to the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. re the purchase oi~ a replacement ambulance 8. Ordinance to TRANSFER funds within the School Operating Fund re technology related equipment K a. $136,687 from the Instruction Classification b. $ 20,540 from the Administration, Attendance and Health Classification c. $ 48,567 from the Operations and Maintenance Classification d. $ 25,000 from the Instruction Classification to the Operations and Maintenance Classification e. $ 33,527 from the Technology Fund to the Operations and Maintenance Classification. PLANNING 1. Applications re Street Closures for portions of unimproved, unnamed alleys in Croatan re incorporating the alley with existing single-family residential lots DISTICT 6 - BEACH a. James F. III and Carol Skarbek b. John J. and Susan W. Ross c. Keith C. and Karen E. O'Neil d. Paul A. Filion 808 Surfside Avenue 607 Vanderbilt Avenue 609 Vanderbilt Avenue 611 Vanderbilt Avenue RECOMMENDATION APPROVAL 2. Application of CHURCH OF CHRIST/EMMANUEL E. HENRY for a Conditional Use Permit re a religious use (church) at 404 South Parliament Drive, Suites 101 and 102. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 3. Application of FAITH FOR DELIVERANCE/EMMANUEL E. HENRY for a Conditional Use Permit re a religious use (church) at 404 South Parliament Drive, Suite 203. DISTRICT 2 - KEMPSVILLE RECOMMENDATION L APPROVAL 4. Application of TIDEWATER SEVENTH-DAY ADVENTIST CHURCH/EMMANUEL E. HENRY for a Conditional Use Permit re a religious use (church) at 404 South Parliament. Drive, Suites 201 and 202. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 5. Ordinance to AMEND Sections 203 and 236 of the City Zoning Ordinance (CZO) re off- street parking requirements. RECOMMENDATION APPROVAL 6. Ordinance to AMEND the City's Landscaping Guide by inclusion of amendments re bicycle parking and permeable paving system RECOMMENDATION APPOINTMENTS BOARD OF ZONING APPEALS COMMUNITY MEDICAL ADVISORY COMMISSION ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION REVIEW AND ALLOCATION COMMITTEE THE PLANNING COUNCIL TIDEWATER YOUTH SERVICES COMMISSION M N O UNFINISHED BUSINESS NEW BUSINESS ADJOURNMENT APPROVAL **~****** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ~~~~~*~*~*~ FY 2011-2012 RESOURCE MANAGEMENT PLAN "BUDGET" March 15 School Board votes on School Budget March 29 City Manager presents Proposed Budget to City Council April 6 Open House -(Convention Center) April 21 Public Hearing (Green Run High School) April 26 Public Hearing (Council Chamber) May 3 Reconciliation Workshop (Conference Room 234) May 10 Adoption -1- MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 22, 2011 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL'S BRIEFING re the REAL ESTATE ASSESSOR's ANNUAL REPORT in the Ciry Council Conference Room, Tuesday, February 22, 2011, at 3: 30 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, William R. `Bill " DeSteph, 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 Mernbers Absent: Harry E. Diezel [Out of the City on Family YacationJ February 22, 2011 -Z- CITY COUNCIL `S BRIEFING REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM # 60651 3:30 P.M. The Ciry Manager introduced Jerry Banagan, Real Estate Assessor, who advised on Friday, February 25, 2011, the Assessment notices will be forrvarded to all property owners. There are approximately 153, 000 parcels of properties. Approximately 63% of all properties will receive a decrease, approximately 31 % of all properties will remain unchanged, and approximately 6% will receive an increase. Approximately 31 % of all properties will remain unchanged. Projected FY 2012 Real Estate Assessments Assessments $50, 509, 527, 577 Tax Revenue * $ 449, 534, 795 *Based upon FY2010 tax rate of ~0.89 Each $. 01 of the tax rate will generate $S,OS1,000 Fiscal Year Averaae Change 2012 -3.09°la 2011 -5.54% 2010 -3.46% 2009 2.56% 2008 18.54% 2007 19.61% February 22, 2011 -3- CITY COUNCIL `S BRIEFING REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM # 60651 (Continued) ~-:-' ~= , ~,~ r ~',' ~~ ~~~; ~` ' ~ °= ' k- , , ' p ~ , ~ t:o- . . ~~::~ , . ~ ~~ ~ _ _ _.__. _ .. ._,m v- ~~~ '"°`~~YERAGE APPREGIA7'IC1N~'DEPRECIATION Overall Median Change Overall Mean Chanqe -2.56% -3.09% Residential -2.72% Residential -3.34% Apartment 2.42°fo Apartment 2.91% Commercial/Industrial Q% Commercial/Industrial q.92% 63% of Assessments were reduced 31°/a of Assessments remained the same 6% of Assessments were increased ~. ~~~ __ ._ ~ .. , " ~ AVERAGE RESIL]ENTIA!_ VA[_lJES Tvue Mean Assessment'~ ~'hanoe i n Mean Single Family $:31.0,900 -$10,900 ...3.4°/-, TownYiouSe 41.s£3,H00 -$6,100 -~~3.7 i Low Rise Condominium $2.2Ed,1.04 -$10,800 -~~;-~`~ %~ ~ High Rise Condo/CO-op 4s337.,:~00 -$22,900 ~-6.:> % Duplex/HOme witl~ ` Apartments $404,300 -$16,800 % -4-0 All Residences $279,700 -$10,800 -3J !~ ~tzo~..,ded ro ..earesr s i no d ~~.a ~~., . ...... :,.., _.._____-^- ~' .. . ~... .-,w,.......,.-~-" . AVERAGE Ht7ME ASSESSMENT 8aso,ooo 4300,000 ~ ~ ~ 5260,000 'i~ U N ~ aZOO,ooo a N ~ ~150~~0 ;1~~~0~ February 22, 2011 zoos zooa zoos 2ooe 2oov 2oos aoov aoio aoii zoiz F`iscal Year -4- CITY COUNCIL `S BRIEFING REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM # 69651 (Continued) ~.Y+R~t g ~ ~~' k 2 ~n ,~"~ ~'~'~~ ~ *~ .. ". y : ~ ,~~ . ~~ .. ~ :~~.. _~:.: ~~ ---__.. . :,_ . . ,_... . . ~~,,,,. - ASSESSMENT COMPARISON BY CLASSIFICATION Classification 2012 Assessment 2011 Assessment General Commercial g.4°!Q g,io~o Hotel 2.0% 2.0% 15.7~10 15.4% Office 2.6% 2.6% Industrial 1.7°la 1.7% Apartment 5•1D 4•8% Residential 62.1°l0 62.5% Townhouse 6.2% 84,3% 6.3% 84.6% Condominium 10.6°l0 10.7% Agriculture 0.3% 0.3% 7~~ ~~o. (. ,~ 8~ 0 p` - ~ ~ ~ _....+.v _. , v -+~.........+, . ~~~ ..:~:--..`." _. .... ~"""~ ~ NEW CONSTRUGTIC)N ... mv'"°^~+^/'"r . ...~... . _ (JANUARY 2010 T'I IRU C)EE:Cf_'f~1E3LR 2C~31CF) Commercial 28 General Commercial $33,177,400 6 Industrial 4,291,900 3 Office 7,196,000 71 Commercial/Industrial Additions 24,145,800 Totai Commerciai New Construction $68,811,100 22.7% Residential 301 Single Family $86,401,000 10 Duplexes 2,655,700 14 Townhouses 1,885,000 226 Condominium Units 47,560,100 716 Apartments/Multi-Family 68,864,162 1,489 Residential Additions 26,688,630 Total Residential New Construction $234,Q54,592 77.3% Total New Construction ;302,865,692 100% February 22, 2011 -5- CITY COUNCIL `S BRIEFING REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM # 60651 (Continued) ~_ rn _._. _ -____.~_ -. ~..~, _ _~-~~ ~ ~, hIUMBER OF I'~[EW HOUSING UNITS BUILT Y Homes Duolex Units A~artment Units Total Housina Units ear 2010 S41 20 716 1,277 Z009 770 10 136 916 2008 1,050 22 586 1,658 2007 1,376 18 45 1,439 2006 1,499 16 398 1,913 ' ~"'. : ~~ AVERAGE ASSESSMENT ON A NEW HdME d ~ > ~ N N d ~o~~,~~~ . 5550,000 5500,000 , 5450,000 ~~ =400,000 ~' 5350,000 5300,000 5250,000 5200,000 5~50.000 ~~~, 2001 2002 2003 2004 200b 2006 2007 2008 2009 2010 Cal ne dar Year February 22, 2011 -6- CITY COUNCIL `S BRIEFING REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM # 60651 (Continued) - -~----_ _ ----_~ ~-~.-~..~''~= ,. .~~,__ --~"~ROWTH & APPRECIATION~DEPRECIATION 25q 20% qp 15% d m ~ 10% U w ~ 5% a~ q Y M ~ ~ a -s~ -ioi Fiscal Year 2011-2012 (Projected) Growth 0.5% Depreciation -~ • 5% Assessment Change -3.0°!0 Lynnhaven Mall Shopping District TIF Base Year FY 1998 $225.3 Million Preliminary FY 2012 $423.0 Million Sandbridge District TIF & SSD Base Year FY 1998 $206.1 Million Preliminary FY 2012 $1.021 Billion Central Business District South TIF Base Year FY 1999 $151.8 Million Preliminary FY 2012 $724.8 Million Special Service District First Year FY 2003 $18.5 Million Preliminary FY 2012 $367.1 Million February 22, 2011 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Fiscal Year ~ o Growth ~ Appreciatioa/Depreciatioa - ~- CITY COUNCIL `S BRIEFING REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM # 60651 (Continued) _ _ _ ~,~,--•"'~"""..' --___.., . _- ~..--- ~ ~~ REAL ESTATE TA3C 1~EI.IEF INCOME & NET WQRTH LIMITATIONS Current State Limitations Income $ 67,000 Net Worth $350,000 urrent Virqinia Beach Limitations Income: . Deferral $67,000 . Freeze $6?,000 . Exemption ~ 100% $0 - $47,100 IX 20% $59,400 - $63,450 Net Worth $350,Oq0 (All Programs) r __...---~~ ` , _ ___ _ _ ~~ REAL ESTATE TAX PRC?GRAM F'fJR SENIQR C(TIZEN$ $c D(SABLEC3 PERSC7NS Number of R F`( 2012 ecinients 7,79$ Tax Deferred $35,755 Tax Reduction ;iS,456,251 FY 2010 7,666 $35,717 $16,292,651 FY 2009 7,143 $30,596 ;15,993,977 FY 2008 6,408 $35,304 ;14,011,232 FY 2007 5,420 $79,342 $9,651,395 FY 2006 4,539 $72,806 $6,147,803 There is legislation that appears likely to pass that would place the limitations for this program totally on the discretion of the locality. February 22, 2011 -8- CITY MANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT 3:39 P.M. ITEM # 60652 The City Manager, James K Spore, distributed the FY 2011 Interim Financial Statements for the City and School Board for the seven months ended January 31, 2011. As of January 31, 2011, total General Fund revenues of $451.2-MILLION are $1.2-Million less than in FY 2010 and $8.0-Million less than in FY 2009. However, current revenues are 46.3% of the budget compared to 44.9% in FY 2010 and 45.0% in FY 2009, and are, therefore, tracking consistently with historical trends. Patricia Phillips, Director - Finance, presented an overview of the Interim Finartcial Statements (July 1 through January 31, 20I1). Mrs. Phillips recognized the City's Comptroller, Don Barnett, whose o~ce prepares these statements, Loretta Brown, Administrative Assistant, and Aaron McCoy, one of the young accountants who has been instrumental in developing the Dashboard information in the Charts. Mrs. Phillips advised she was going to focus on the General Fund. FY 2011 General Fund Revenues and Expenditures Compared to Budget thru January 31, 2011 Revenues Local Revenues State Revenues Federal Revenues Total Revenues Expe nditure s /Encumbrance s Departmental Totals Transfers Reserve for Contmgencies Total Expenditures/Encumbrances Less Amotmts Funded from Fund Balance Outstanding Encwnbrance at 6/30/10 Approved Carryover Requests Fund'aig for City Capital Projects Fimding for School Capital Projects Norfollc Southem right ofway School Reversion Risk Management Adjusted Expenditures/Encumbrances Annual YTD Budget Actual Variance $ 808.2 $ 387.1 $ (421.1) 143.0 51.4 (91.6) 22.6 12.7 (9.9) $ 973.8 $ 451 Z $ (522.6) $ 522.2 $ 314.8 $ 207.4 513.4 298.7 214.7 1.6 - 1.6 $ 1,037.2 $ 613.5 $ 423.7 $ 7.9 0.6 28.1 4.7 5.0 14.3 2.8 $ 973.8 February 22, 2011 -9- CITYMANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60652 (Continued) Total General Fund Revenues January 31, 2009 - 2011 $~,2~~ $I,000 $800 e 0 ~ ~ $600 0 c > C $400 $200 $0 ~ FY 2011 Year-To-Date General Fund Revenues Compared to Historic Trend January 31, 2011 ioo^~ _~ YTD ACTUAL = $451.2M ~_ d so ~ ANNUAL BUDGET = $973.8M ~~,6 i ~ ~ r60% - - a 58.3 % w F 44.3 % 54.4 % 43.0 % 48.9 % ° 45.0 % v 40% 42.1 % o: 26.7 % 20% , . . o._ 23.1 % 9.7 % 3.8 % 12.7 % I.5 ~% r~+ 8.3 % 0% ~~_~" 4 1/ ~ ~ ~ ~ ~ - ]ul Aug Sep __ Oct ___ Nov Dec _ Jan Feb _ Mar _ . Apr May Jun ~w-^Rev Trend ~A~% of FYI I Rev Budget ~~ ~ 5 February 22, 2011 FY 2009 FY 2010 Fl' 2011 ~Actual Thru Jan 37 ^Annual Budgat ~ -10- CITYMANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60652 (Continued) FY 2011- General Fund Revenues 1 Total Revenue follows the Trendline 1 Several items are on a 2- 3 month lag 1 Real Estate installment due June 6`" 1 Business license tax (BPOL) due in March 1 Personal Property ta.r due June 6`" GASB 54 Impact New for FY 2011 ~ GASB 54 requires revenues tied to a fund to be budgeted in the fund as a revenue, not as a transfer. - Result: FY11 interfund transfers and revenues are smaller General Fund budget is also smaller GASB 54 (in millions) FY09 FY10 FYll Total General Fund Budgeted Revenues $ 1,069.6 $ 1,043.7 $ 973.8 Less: Amounu excluded due to GASB 54 (23.5) (34.7) N/A Adjusted General Fund Budgeted Revenues $ 1,046.1 $ 1,009.0 $ 973.8 ~ Annual Amounts excluded from GF Revenue due to GASB 54: Noo-GF Hotel RoomTa~c $ 1~6 Non-GF Restaurant Meal Tax ~ ~~5 Amtaement Tax 5~7 Cigarette Tax ~ ~~ Total Budgeted Revenue Reported in Special Revenue Funds $ 41.8 F'ebruary 22, 2011 -I1- CITY MANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60652 (Continued) 5500 5400 0 ~ h 5300 ~ c > N ~ SZQD 5~0~ f0 Fr zoo~ 580 :Z~~: 0 f m S40 ~ ro > K Si0 SO FV 2007 aox 60% ~ 0 ~ m U ~ 0 40% ~' `O a ~~% Q~ Fv zoaa Fv zooa Fv zo~o FV 2017 ~Actual Collections ~YTD 4% of Total Personal Property Taxes January 31, 2007 - 2011 60 k 40°h m c 0 3ox g m U ~ 0 ~ 20 % o ~ 10k 0% FY 2008 FY 2008 FV 2010 FV 2017 ~AotualColleetions ~YTD ~holToUl 8 9 February 22, 2011 Real Estate Revenues January 31, 2007 - 2011 -12- CITY MANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60652 (Continued) S60 ~ S40 0 f ~ rc Szo General Sales Taxes Collections 80 ~ 60 k c ~ 40°/. U 3 0 ~ ~ zo ~ o~ February 22, 2011 so FY 2007 FY 2008 FY 2009 FY 2070 FY 2011 ~AetualCollections ~YTD ~0~% ofTotal General Sales Taxes January 31, 2007 - 2011 -13- CITYMANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60652 (Continued) Hotel Room Taxes General Fund Portion Only per GASB 54 January 31, 2007 - 2011 ss Ss ta C O ~ w ~ $3 ~ c m > d s Sz $1 SO FY 2007 Total Hotel Room Taxes January 31, 2007 - 2011 525 =20 c ~ S15 g rv ~ d a~i 310 ~ Ss So ,oo~ ~s~ N C O ~ W 50% ~j 9 0 r 5 25 % D% ,oo~ 80 % 60% c 0 w 0 U 5 40 % F°- e 20% oi 13 February 22, 2011 FY 2008 FY 2009 FY 2010 FY 2011 ~ActualCollactions ~VTO ~hofTOtal FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 mAetual Collsctions ~YTD ~~% olTo41 -14- CITYMANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60652 (Continued) Hotel Room Taxes 8% Allocation (in millions) Total Hotel Room Tax FY11 Budget =$22.7M Ss6 S~o 526 `o f Si0 'c S16 rc s~o S6 SO ^GF2% ^ CBD TIF ^ TGIF 2.5% ~ TAP 1 %/$1 ^ MP 2.5% o SB $1 8% plus Sl room nights an additional 2 Y% tax Restaurant Meal Taxes General Fund Portion Only per GASB 54 January 31, 2007 - 2011 BUDGET E30.7 r1 FY 2007 FY 2008 FY 2008 FY 2010 FY 2011 ~Actual Colleetions ~YTD ~X of ToSal 9a, 76'h 60•h `o ~ 0 U 46% ~ H ~ so ~ 16h 0% IS February 22, 2011 I qll I i II I I II -1.5- CITYMANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60652 (Continued) Total Restaurant Meal Taxes January 31, 2007 - 2011 S60 540 0 H S30 w ~ m > m C f20 s,o so 80 h 76% 80°/. ~ 0 ~ 0 U ObX 3 1~- O ~ SO% 16°k Oh Fv zoo~ Fv zooe Fv zoo9 Fv zo~o Fv zoiv ~Actual Collections ~YTD ~~°/. of ToLal 16 Restaurant Meal Taxes 5'/2% Allocation (in millions) Total Restaurant Meal Tax FYIl Budget =$48.2M ^ GF 3.5% ^ TGIF 0.5% 0 TAP 0.5% ^ MP 0.56% ~ OS 0.44% n February 22, 2011 -16- CITY MANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60652 (Continued) Summary of General Fund Revenues January 31, 2011 (in millions) * Real Fstate Taxes Personal Property Taxes PPTRA General Sales Tax Utility Ta~s Telecommunications TaYes Business Licenses * Restaurant Taxes * Hotel Ta~s Other Local Revenues * State Revenues * Federal Revenues * GF portion only $ 452.5 $ 237.2 52.4 % F 63.1 20.1 31.9 F 53.4 6.5 12.2 A 50.6 26.7 52.8 F 25.2 12.7 50.4 F 22.p 8.8 40.1 U 40.8 2.6 6.3 U 30.7 19.4 63.3 F 5.1 4.2 81.9 F 118.1 55.3 46.8 F 89.7 45.0 50.2 F 22.6 12.7 56.2 F $ 973.8 $ 45 L2 46.3 % F General Fund FY 2011 Expenditures February 22, 2011 ~ Total at January 31, 2011: ~ $613.SM, or 59.1%, of $1.037B Budget r Summary of Actual Expenditures Under Budget at June 30: -17- CITYMANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60652 (Continued) ~~r~~r~l Fur~d Ex~~r~diture~ Next Steps 1 Continue to Monitor Revenues in FY 2011 ^ Real Estate - June ^ Business Licenses - March ^ Personal Property - March/April 1 Next Briefing on March 22, 2011, jor data through February 2011. February 22, 2011 -18- CITY MANAGER `S BRIEFING ROBINHOOD FOREST NEIGHBORHOOD DREDGING SSD PROJECT REPORT 3:52 P.M. ITEM # 60653 The Ciry Manager distributed the proposed Neighborhood Dredging Special Service District (SSD) Project Report for Robin Hood Forest (Lynnhaven District). This report is a scaled down version of the September 10, 2010, Policy Report, which was presented to City Council re Neighborhood Dredging for Old Donation Creek. David Hansen, Deputy Ciry Manager, introduced John Sherman, member - Robin Hood Forest, and Robin Hood Forest Dredging Committee Chair, for over eight (8) years. Mr. Sherman represents twenty-six (26) homeowners. The proposed program is entirely voluntary through a dernonstrated super majoriry (80%) accepting the establishment of the District. The SSD proposal has a defined period of sixteen (16) years during which three cycles of dredging will occur in years two, nine and sixteen. Phillip J. Roehrs, Public Works - Water Resource Engineer, assisted with the Briefing. February 22, 2011 -19- CITY MANAGER `S BRIEFING ROBIN HOOD FOREST NEIGHBORHOOD DREDGING SSD PROJECT REPORT ITEM # 60653 (Continued) John Sherman has volunteered his back yard as the dredged materia[ transfer site, so the Ciry will not hare to move great lengths "up and down " the Eastern Branch to get through to a Transfer. The Project Report is hereby made a part of the record. The SSD project cost is shared at a ratio of 1 S% City and 85% neighborhood. Individual homeowners will pay for their respective turn basins and access channels. Of special note regarding the financial and appropriation pro forma (Attachment C), the calculations have been based on the soon to be released FY 12 accessed value for the twenry-six (26) properties. In order for this neighborhood SSD to collect $1.2-MILLION at the end of the sixteenth year, the real estate surcharge rate for this endeavor will be forty-six cents per hundred dollars of assessed val ue. Legal Considerations Virgirtia Code §I5.2-2403 Authorizes Special Service Districts (SSDs) for navigation Minimum of SI % property owner approval Formal adoption by City Council Staff recommending 80% property owner approval Real Estate Volurctary Dedication of Construction Easements and Rights-Of-Way Project Format February 22, 2011 • Mechanical Dredging • Potential for neighborhood dredged materia[ transfer • City Dredged Materia[ Transfer Station -zo- CITY MANAGER `SBRIEFING ROBIN HOOD FOREST NEIGHBORHOOD DREDGING SSD PROJECT REPORT ITEM # 60653 (Continued) February 22, 2011 POTENTLAL MECHANTCAL DREDGING TRANSFER SITES ..~. -21- CITY MANAGER `SBRIEFING ROBIN HOOD FOREST NEIGHBORHOOD DREDGING SSD PROJECT REPORT ITEM # 60653 (Continued) February 22, 2011 -22- CITY MANAGER `SBRIEFING ROBIN HOOD FOREST NEIGHBORHOOD DREDGING SSD PROJECT REPORT ITEM # 60653 (Continued) February 22, 2011 -23- CITY MANAGER `SBRIEFING ROBINHOOD FOREST NEIGHBORHOOD DREDGING SSD PROJECT REPORT ITEM # 60653 (Continued) February 22, 2011 -24- CITY MANAGER `SBRIEFING ROBINHOOD FOREST NEIGHBORHOOD DREDGING SSD PROJECT REPORT ITEM # 60653 (Continued) Risks • Environmental permits • Encroachment approval • Real estate dedication • Real estate valuation changes • Cost escalation assumption (S% annually) Alternatives: • Status quo • Basin wide SSD : +2500 properties, $3Millionlyr + 10 years cor~zpletion, ~30-Million 1997 dollars • Exparcd City main channel projects to include spur channels: no ROI via confirmed neighborhood partners, @40 spurs, + $4-Million • Cost sharing on a single dredging basis: 65/35 but not all coves were the same • Fully funded by City: takes ownership =$35-MiUion in 2005 dollars Hybrid Alternative: • Individual neighborhood SSD's, ircdividual scopes but sinzilar computations and time[ines (3 cycles, 16 years) • Includes City funded Spur Channels (early appropriations allow for IS` dredging in year 2) • Partnership - Cost sharing (3 sources) • City management of effort - formulation, funding, design, perinitting, construction, maintenance • Creates a viable solution to reclaim navigation and improve water quality • Establishes a reasonable timeline with visible results Staff Recommendations: Staff Recommendations: • Concur with the hybrid alternative ... and If accepted by neighborhood via obtaining 80% approval (signed SSD intent and easement dedication) • Authorize staff to bring forth an SSD ordinance for Public Hearing and City Council consideration February 22, 2011 -25- CITY MANAGER `SBRIEFING ROBIN HOOD FOREST NEIGHBORHOOD DREDGING SSD PROJECT REPORT ITEM # 60653 (Continued) Next Steps for Robin Hood Forest • Obtain SSD letters of commitment and construction easement from 80% of property owners • Conduct a Public Hearing • Present SSD Ordinance for City Council approval Project Status update Old Donation Creek Waterway • SSD Letter of Commitment template finalized • Construction Easement template finalized • Mailing of individual property owner packages occurring this week The Mayor advised that, BY CONSENSLIS, the City Council shall MOVE FORWARD re Robin Hood Forest February 22, 2011 -26- CITY COUNCIL COMMENTS ITEM # 60654 4:20 P.M. Coz~ncilman Dyer advised there was a favorable mention in today's, February 22, 2011, Virginian Pilot. Two years ago when he and Council Lady Wilson were working re the Blue Ribbon Tcur, Fee and Spending Task Force, which was created to identify alternative tax and fee funding sources spending policies and strategies. It was divided into revenue and expenditure committees. An "open gallery" was established and guests were allowed to attend. A prominent civic member from Norfolk attended and forwarded the_ Blue Ribbon reports to the City of Norfolk. The article in the Virginian Pilot referenced citizens file Public Hearings to help shape Norfolk's Budget. The new City Manager of Norfolk is forming a Budget Advisory Committee similar to the group in Virginia Beach. ITEM # 60655 Council Lady Rosemary Wilson, President - Elect , Virginia Municipal League, advised herself, Sheila S. Noll - York County and Debbie Ritter - Chesapeake, were appointed by Governor Bob McDonnell to LGAC (Local Government Advisory Commission to the Chesapeake Bay). The three met with John Carlock - Hampton Roads Planning District Commission. They attended the first State meeting, as well as a 2-day meeting in Eastern Maryland. People from the Environmental Protection Agency were there. They are going to start working from the State level through the Planning Districts. As there are so many local governments, this is more effcient. Council Lady Wilson, Sheila and Debbie thought it would be an excellent idea for future meetings to have representatives from the Planning Districts. ITEM # 60656 Council Lady Henley referenced the Open Space Advisory Committee January 2011 Semi Annual Report distributed two weeks ago encompassing a full accounting of the whole program. Council Lady Henley referenced a feature which had not been included before: Project Updates. The Open Space Program has allowed a lot of Commissions to work together for a total project. Stumpy Lake Natural Area was the result of the combined efforts of Public Works, Public Utilities and Parks and Recreation. ITEM # 60657 Councilman Davis referenced, that after a very long discussion, Ilnited Football League (UFL) Franchise/ Team is getting ready to move some of their employees out of California to Virginia Beach (August 2011 open date). The new Virginia Destroyers United Football League will utilize the Sportsplex for the 2011 UFL season. February 22, 2011 -z~- A GENDA RE VIE W SESSION 4:27P.M. ITEM # 60658 Council Lady Bellitto referenced her correspondence of February 22, 2011, requesting an Indefinite Deferral of Item J. S. Resolution to DIRECT the City Manager prepare an Ordinance re the City/School Revenue Sharing Formula and the School Risk Management Internal Service Fund and to work with the Citt~ Attorney to evaluate a consolidation of Risk Management. Correspondence of Chairman Daniel D. Edwards - Virginia Beach City Public Schools, re the transfer of $14. S-MILLION from the School Risk Management Fund to the Ciry's Operating Budget is hereby made a part of the record. ITEM # 60659 BY CONSENSIIS, the following items shall compose the CONSENT AGENDA: ORDINANCES/RESOL UTIONS 1. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement to Laura Frances Tillman, Trustee, in the amount of $199, 316 at 1646 Princess Anne Road DISTRICT 7 - PRINCESS ANNE 2. Ordinance to AiITHORIZE the major design features for the Virginia Beach Boulevard sidewalk improvements and AUTHORIZE the acquisition of all necessary rights-of-way and temporary and permanent easements, either by agreement of condemnation 3. Ordinance to DESIGNATE Operation Smile EXEMPT from Real and Personal Properry Taxes 4. Resolution to A UTHORIZE the City Manager to EXECUTE, on behalf of the City, an Intergovernmental Agreement between the Virginia Department of Agriculture, Consumer Services and the Ciry of Vi~ginia Beach re the purchase of Agricultural Reserve Program (ARP) easements S. Resolution to DIRECT the Ciry Manager prepare an Ordinance re the City/School Revenue Sharing Formula and the School Risk Management Internal Service Fund and to work with the City Attorney to evaluate a consolidation of Risk Management 6. Ordinance to DONATE the VBAMradio equipment to the Virginia Department of Transportation (VDOT) 7. Ordinance to APPROPRIATE $75, 000 from the General Fund as a five year interest free loan to the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. re the purchase of a replacement ambulance February 22, 2011 -28- A GENDA RE VIE W SESSION ITEM # 60659 (Continued) 8. Ordinance to TRANSFER funds within the School Operating Fund re technology related equipmertt a. $136, 687 from the Instruction Classification b. $ 20, 540 from the Administration, Attendance and Health Classification c. $ 48, 567 from the Operations and Maintenance Classification d. $ 25, 000 from the Instruction Classification to the Operations and Maintenance Classrfication e. $ 33, 527 from the Technology Fund to the Operations and Maintenance Classification Item J. S( Resolution to DIRECT the City Manager prepare an Ordinance re the City/School Revenue Sharing Formula and the School Risk Management Internal Service Fund), shall be DEFERRED INDEFINITELY, BY CONSENT F'ebruary 22, 2011 -29- AGENDA REVIEW SESSION ITEM # 60660 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: K PLANNING 1. Applications re Street Closures for portions of unimproved, unnamed alleys in Croatan re incorporating the alley with existing single family residential lots DISTICT 6 - BEACH a. James F. lii and Carol Skarbek 808 Surfside Avenue b. John J. and Susan W. Ross 607 Vanderbilt Avenue c. Keith C. and Karen E. O'Neil 609 Vanderbilt Avenue d. Paul A. Filion 611 Vanderbilt Avenue 2. Application of CHURCH OF CHRIST/EMMANUEL E. HENRYfor a Conditional Use Permit re a religious use (church) at 404 South Parliament Drive, Suites 101 and 102. DISTRICT 2 - KEMPSVILLE 3. Application of FAITH FOR DELIVERANCE/EMMANUEL E. HENRYfor a Conditional Use Permit re a religious use (church) at 404 South Parliament Drive, Suite 203. DISTRICT 2 - KEMPSVILLE 4. Application of TIDEWATER SEVENTH-DAYADVENTIST CHURCH/EMMANUEL E. HENRYfor a Conditional Use Permit re a religious use (church) at 404 South Parliament Drive, Suites 201 and 202. DISTWCT 2 - KEMPSVILLE 5. Ordinance to AMEND Sections 203 and 236 of the Ciry Zoning Ordinance (CZO) re off-street parking requirements. 6. Ordinance to AMEND the Ciry's Landscaping Guide by inclusion of amendments re bicycle parking and permeable paving system Item S(Ordinance to AMEND Sections 203 and 236 of the e(CZO) re off-street parking requirements) shall be DEFERRED, BY CONSENT, sixty (60) days until the City Council Session of April 26, 2011. Item 6(Ordinance to AMEND the Ciry's Landscaping Guide by inclusion of amendments re bicycle parking and permeable paving system) shall be DEFERRED, BY CONSENT, sixty (60) days until the City Council Session of April 26, 2011. February 22, 2011 -30- ITEM # 60661 Muyor 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)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY.• Discussion or consideration of the, acquisition of real property for public purpose, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property: Lynnhaven Dish^ict LEGAL MATTERS: Consultation with legal counsel or briefings by staff rraembers 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 spec~c legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). James Risper v.City of Virginia Beach, et. al Upon motion by Councilman Dyer, seconded by Councilman Wood, Ciry Council voted to proceed into CLOSED SESSION at 4: 35 P.M. February 22, 2011 -31 - ITEM # 60661 (Continued) Voling: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, 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: Harry E. Diezel (Out of the City on Family VacationJ (Break: (4: 37 P.M. - 4: 47 P.M.) (Closed Session: (4: 35 P.M. - 5: 40 P.M.) February 22, 2011 -32- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL February 22, 2011 6: 00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, Ciry Hall Building, on Tuesday, February 22, 2011, at 6: 00 P.M. Council Members Present: Rita Sweet Bellittq Glenn R. Davis, William R. `Bill" DeSteph, 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: Harry E. Diezel [Out of the City on Family VacationJ INVOCATION: Vice Mayor Louis R. Jones 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 impropriery that might arise if he unknowingly participates in a matter before Ciry Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realry, 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 identifies a matter in which he has a personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the o~cial records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. February 22, 2011 -33- 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 Bourd 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 Ciry 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 Roserraary 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 haradles 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 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 a~liated with Prudential Decker Realry. 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 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 22, 2011 -34- Item - V-E.1 CERTIFICATION ITEM # 60662 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 City Council. Voting: 10-0 Council Members VotingAye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, 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: Harry E. Dieael February 22, 2011 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 #60661, Page 30, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 ofthe Code of Virginia requires a ceMification 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. /!~-`_~ uth Hodges Fraser, MMC City Clerk February 22, 2011 -35- Item V-F.1 ITEM # 60663 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of February 8, 2011. Voting: 9-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, 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 Abstaining: William R. `Bill" DeSteph Council Members Absent: Harry E. Diezel February 22, 2011 -36- Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 60664 BY CONSENSUS, Ciry Council ADOPTED: AGENDA FOR THE FORMAL SESSION February 22, 2011 -37- RECOGNITION OF BOY SCOUTS ITEM # 60665 Mayor Sessoms RECOGNIZED the following Boy Scouts, attending to earn their "Citizenship in the Community"Merit Badge: BOY SCOIIT TROOP 481 Sponsored by St. Aidens Church Adam Turton David Nuney BOY SCOUT TROOP 378 Sponsored by Virginia Beach United Methodist Church Oliver Simon Mayor Sessoms presented each Scout with a Ciry Seal Pin. February 22, 2011 -38- Item V-I.1. PUBLIC HEARING ITEM # 60666 Mayor Sessoms DECLARED A PUBLIC HEARING: INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easements 1646 Princess Anne Road There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. February 22, 2011 -39- Item V-I.2. PUBLIC HEARING ITEM # 60667 Mayor Sessoms DECLARED A PUBLIC HEARING: VIRGINIA BEACH BOULEVARD SIDEWALK IMPROVEMENTS PROJECT Acquisition by Agreement or Condemnation There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. February 22, 2011 -40- Item V-I.3. PUBLIC HEARING ITEM # 60668 Mayor Sessoms DECLARED A PUBLIC HEARING: REAL and PERSONAL PROPERTY TAX EXEMPTIONS Operation Smile There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. February 22, 2011 -41- Item V-J. ORDINANCES ITEM # 60669 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, S(DEFERRED INDEFINITEL ~, 6, 7, and 8a-e of the CONSENT AGENDA. Item J.5 (Resolution to DIRECT the Ciry Manager prepare an Ordinance re the Ciry/School Revenue Sharing Formula and the School Risk Management Internal Service Fund), shall be DEFERRED INDEFINITELY, BYCONSENT Voting.• 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, 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: Harry E. Diezel February 22, 2011 -42- Item V-J.1. ORDINANCES ITEM # 60670 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement to Laura Frances Tillman, Trustee, in the amount of $199,316 at 1646 Princess Anne Road DISTRICT 7- PRINCESS ANNE Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, 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 Cvuncil Members Voting Nay: None Council Members Absent: Harry E. Diezel February 22, 2011 ~ AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $199,316 (LAURA FRANCES TILLMAN, TRUSTEE) 6 7 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 8 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 9 presented to the City Council a request for approval of an Installment Purchase Agreement 10 (the form and standard provisions of which have been previously approved by the City 11 Council, a summary of the material terms of which is hereto attached, and a true copy of 12 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 13 (as defined in the Installment Purchase Agreement) on certain property located in the City 14 and more fully described in Exhibit B of the Installment Purchase Agreement for a 15 purchase price of $199,316; and ~ 16 17 WHEREAS, the aforesaid Development Rights shall be acquired through the 18 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 19 compliance with, the requirements of the Ordinance; and 20 21 WHEREAS, the City Council has reviewed the proposed terms and conditions ofthe 22 purchase as evidenced by the Installment Purchase Agreement; 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 1. The City Council hereby determines and finds that the proposed terms and 28 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 29 Agreement, including the purchase price and manner of payment, are fair and reasonable 30 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 31 is hereby authorized to approve, upon or before the execution and delivery of the 32 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 33 balance of the purchase price set forth hereinabove as the greater of 3.019% per annum or 34 the per annum rate which is equal to the yield on United States Treasury STRIPS 35 purchased by the City to fund such unpaid principal balance; provided, however, that such 36 rate of interest shall not exceed 6.019% unless the approval of the City Council by 37 resolution duly adopted is first obtained. 38 39 2. The City Council hereby further determines that funding is available for the 40 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 41 the terms and conditions set forth therein. 42 43 3. The City Council hereby expressly approves the Installment Purchase 44 Agreement and, subject to the determination of the City Attorney that there are no defects 45 in title to the property or other restrictions or encumbrances thereon which may, in the 46 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 47 Manager or his designee to execute and deliver the Installment Purchase Agreement in 48 substantially the same form and substance as approved hereby with such minor 49 modifications, insertions, completions or omissions which do not materially alter the 50 purchase price or manner of payment, as the City Manager or his designee shall approve. 51 The City Council further directs the City Clerk to affix the seal of the City to, and attest 52 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 53 incurrence of the indebtedness represented by the issuance and delivery of the Installment 54 Purchase Agreement. 55 56 4. The City Council hereby elects to issue the indebtedness under the Charter 57 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 58 the indebtedness a contractual obligation bearing the full faith and credit of the City. 59 60 Adoption requires an affirmative vote of a majority of all members of the City 61 Council. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia, on this 22ndday of 64 February , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ Agriculture Department r ~ /1 ~ ~ ~~ ~ City Attorney's O ice CERTIFIED AS TO AVAILABILITY OF FUNDS: Director of Finance \CA11m DvFS1~Applications\CityLawProd~cycom32~Wpdocs\D008\P011\00051174.DOC R-1 Date: February 8, 2011 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2010-112 SUMMARY OF MATERIAL TERMS SELLER: TILLMAN, Laura Frances, Trustee of the Laura Frances Tillman Declaration of Trust dated September 17, 2001 PROPERTY LOCATION: 1646 Princess Anne Road PURCHASE PRICE: $199,316 EASEMENT AREA: 29.66 acres, more or less DEVELOPMENT POTENTIAL: 5 single-family dwelling sites (3 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fundpurchase price, but not less than 3.019% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.019% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. ~ ~ ~ ~ O ~. ~ ~--~ ~ ~ ~ ~-- ~ C~ ~ ._ F-- ~ ~ U ~ C~ ~ LJ.. C~ ~ ~ C~ J ~ ~ ~ U CC3 C~ ~ . ~ N ~ Cl~ O ~ ~ ~ ~ Q ~ ~ ~ U ~ ._ ~ ~ -43- Item V-J.2. ORDINANCES ITEM # 60671 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinance to AUTHORIZE the major design features for the Virginia Beach Boulevard sidewalk irnprovements and AUTHORIZE the acquisition of all necessary rights-of-way and temporary and permanent easements, either by agreement or condemnation Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, 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: Harry E. Diezel February 22, 2011 1 AN ORDINANCE APPROVING THE DESIGN 2 FEATURES FOR THE VIRGINIA BEACH 3 BOULEVARD SIDEWALK IMPROVEMENTS 4 PROJECT (CIP 2-178.001), AND AUTHORIZING 5 THE ACQUISITION OF ALL NECESSARY RIGHT- 6 OF-WAY AND TEMPORARY AND PERMANENT ~ EASEMENTS, EITHER BY AGREEMENT OR 8 CONDEMNATION 9 lo WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a ~~ public necessity exists for the construction of this important roadway project to improve ia transportation within the City and for other related public purposes for the preservation ~3 of the safety, health, peace, good order, comfort, convenience, and for the welfare of i4 the people in the City of Virginia Beach; 15 16 WHEREAS, a"Notice of Willingness to Hold a Public Hearing" was posted for the ~~ purpose of considering the design features for the Virginia Beach Boulevard Sidewalk ia lmprovements Project, CIP #2-178.001, VDOT Project Number 0058-134-710, UPC ~9 86504 (the "Project") in the City of Virginia Beach; and ao 21 WHEREAS, all inquiries were satisfactorily answered, so that a public hearing is aa not required; 23 a4 WHEREAS, this Project is included in the Urban Construction Initiative (UCI) as program; and ~ 26 2~ NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF as VIRGINIA BEACH, VIRGINIA: 29 30 1. That the major design features of VIRGINIA BEACH BOULEVARD 3i SIDEWALK IMPROVEMENTS PROJECT (CIP 2-178.001) (VDOT Project: 0058-134- 3a 710, UPC 86504) as presently designed are hereby approved. 33 34 2. That the City Council authorizes the acquisition by purchase or 35 condemnation of all that certain real property in fee simple, including temporary and 36 permanent easements and entire tracts upon which such rights-of-way or easements 3~ shall be located, within the limitations and conditions of Section 33.1-91 of the Code of 3a Virginia of 1950, as amended (collectively, the "Property"), as shown on the plans 39 entitled VIRGINIA BEACH BOULEVARD SIDEWALK IMPROVEMENTS, CIP 2- 40 178.001, VDOT PROJECT NUMBER 0058-134-710, UPC 86504" (the "Project") and 4i more specifically described on the acquisition plats for the Project (plats and plans 4a collectively referred to as the "Plans"), the Plans being on file in the Engineering 43 Division, Department of Public Works, City of Virginia Beach, Virginia. 44 45 3. That the City Manager is hereby authorized to make or cause to be made 46 on behalf of the City of Virginia Beach, to the extent that funds are available, a 4~ reasonable offer to the owners or persons having an interest in said Property. If 4a refused, the City Attorney is hereby authorized to institute proceedings to condemn said 49 Property. 50 si 4. That the Director of Public Works is hereby authorized to execute on sa behalf of the City of Virginia Beach, all the necessary utility agreements required in 53 conjunction with acquiring such rights-of-way. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day 56 of February , 2011. CA11686 R-1 2/10/11 \\vbgov. com\dfs 1 \appli cations\citylawprod\cycom 32\wpdocs\d014\p009\00002050.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~ ~ Department of Public Works City Attorney's O ice I I I II ~ ~ II ~ ~ ~ I ~ Y ~~ ~ ~ ~ o ~ ~6, .N ~ o ~ 0 ~ti a ~ °' N m ,; Q~m ~ i ~ U ~ ~ ~ ~ O m 'Y O ~ ~ Q o ` ~ ~ ~i Q . Z 00 ~ i l, ~~ J ~ 'm~ o ~ Q N ~ ~ x ~ ~ZD¢ . ~~ V a ~~ ~ o z ~, , 'O O C~ '~ 3 0 = z J ~ ~ ~`~S d~.'~1~3 ~ ~ ~ V~ o ` a ~ ; n 'c ~ ~ - Z LL p ~ ~ a w ( w ~ -~ m u c' < < ~ u c c < ~ ~ ~ ~~ - ~ ~ A ~ da0' ~ ,, ~ c, ,, M o S~I~ES; P n`d-S3~i ti a ~~ N ~ C~ a ~ _ m PNPg~ ~; i ~ a Z~ ~ 4~'E ~ . ~, ~N°~B-HN`d~~0 =, ;': F-; ~ ... ... i... `~ , ' O. ,:'' .P ~ ~_. (n = i ~ i I , i __ _N1.I ~~M~~; '., ';~n '''~ ~,:~J~ Q ;.~ ~' nddsino~, 1;~Y z ~%' o W , -~~..~....~--_::~} ~~ _ ~ w °~' -,~i z cn', Q ~ _. _ MAT~ LN , `v~ . _, " ~.~~T.~.~n•1•~ /~ ~ ~ ~ > ~ > 0 N M 0 3 N N 7 m N U .~ ~ r 0 a a _ ~ ~, ~ w m ~ W a ~ a a~ `m a a~ a -44- Item V-J.3. ORDINANCES ITEM # 60672 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY CONSENT: Ordinance to DESIGNATE Operation Smile EXEMPT from Real and Personal Properry Tc~es Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. `Bill " DeSteph, 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: Harry E. Diezel February 22, 2011 ~ AN ORDINANCE TO DESIGNATE OPERATION SMILE 2 AS BEING EXEMPT FROM LOCAL REAL AND 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local personal property taxes to OS HQ LLC, a Virginia Limited 8 Liability Company wholly-owned by Operation Smile, Inc. ("Operation Smile"). 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 14 Operation Smile as a charitable organization within the context of § 6(a)(6) of Article X of 15 the Constitution of Virginia. 16 17 2. That real and personal property owned by Operation Smile located within the 18 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis 19 is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property Operation Smile for exclusively charitable 24 purposes; 25 26 (b) that each July 1, Operation Smile shall file with the Commissioner of the 27 Revenue a copy of its most recent federal income tax return, or, if no such 28 return is required, it shall certify its continuing tax exempt status to the 29 Commissioner of the Revenue; 30 31 (c) that every three years, beginning on July 1, 2012, Operation Smile shall file 32 an exemption application with the Commissioner of the Revenue as a 33 requirement for retention of the exempt status of the property; and 34 35 (d) that Operation Smile cooperate fully with the Commissioner of the Revenue 36 with respect to audit of its financial records, compliance with the terms of this 37 ordinance. 38 39 4. That the effective date of this exemption shall be September 28, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~n~ day Of FeY~ri~ar~ , 2011. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: . • Commis ioner of he enue CA11777 R-1 January 10, 2011 APPROVED AS TO LEGAL SUFFICIENCY: `~ . City Attorney's Offic EN7'ITY NAME Operation Smile Inc / OS HQ, LLC 6435 Tidewater Drive Noriolk, VA 23509 We~site: http://www.operationsmile.org/ t ~i ~~,~4l~~ 1 ~+. ~~'~;~ Property Location: 3641 Faculity Boulevard (GPIN 14857460060000) Virginia Beach, VA 23453 SUMMARY OF NONPROFIT BUSINESS ACTIVITY Operation Smile is a 501(c) 3 charity organization that heals children's smiles, and making the world a better place. As a children's charity, they measure themselves by the joy they see on all of the faces they help. At Operation Smile, they're more than a charity organization. They're a mobilized force of inedical professionals and caring hearts that provide safe, effective reconstructive surgery for children born with facial deformities such as cleft lip and cleft palate. MISSION STATEMENT Operation Smile mobilizes a world of generous hearts to heal children's smiles and transform lives across the globe. We believe that all children deserve to live their lives with dignity. And for those suffering from cleft lip, cleft palate or other facial deformities, dignity begins with a smile. Driven by our universal compassion for children, we work worldwide to repair childhood facial deformities by delivering safe, effective surgical care directly to patients. The global partnerships we create, the knowledge we share and the infrastructure we build leave a legacy that lives well beyond our medical missions, making a lasting difference in our world. Our impact is felt not just through the children we heal, but through the daily transformation of donors, volunteers and staff as we fulfill our shared vision and see immediate, life- changing results. Note: The property in question was acquired by deed of gift from the city of Virginia Beach. The organization is constructing its new 65,000 square feet Global World Headquarters, upon completion the headquarters will be furnish with equipment, business property and other fixtures consistent with Operation Smile's mission and purpose. TAX IMPACT Business Property: Assessment: None at this time, but in the future. Tax: Personal Property Assessment: None at this time, but in the future. Tax Real Property Assessment: $2,343,200.00 Tax $20,854.48 RELEVANT INFORMATION IRS Granted 501 (c) 3 status - March 29, 1999 Commissioner of the Revenue ~ City Hall Virginia Beach, VA 23456-9002 Philip ). Kcllam Commissioner January 13, 2011 ~~he Honorable William D. Sessoms, Jr., Mayor Members of City Council Subject: Initial Report on Applicant for Exemption from Property Taxes Dear Mayor and Council Members: V Bgov.com/cor Effective January 1, 2003 the General Assembly transferred its sole authority to grant exemptions by designation f~-om personal and real property taxes~. The City Council accepted this authority and ordained a policy utilizinb the Commui~ity Organization Grant Committee (COG) to administer the review of applicants for tax exemptioir. On May 6, 2008 the City Council revised and re-ordained the process providing for the Commissioner of the Revenu~ to review and report to City Council on such applications3. The Commissioner's Office has received 1 application in this reporting period. The following applicant qualifiies for exemption from personal property and real property taxation: Operation Smile Inc / OS HQ, LLC I am available if you have questions or concerns regarding the recommendations. Sincerely, i~+ '`'~ . Philip J. Kellam Commissioner of the Revenue Enclosures ' Code of Virginia 58.1-3651 ' ORD-2798t ' ORD-3009K 1fiF_ ~ ,.,. ! Oflfl7v Ql PfO~OSIII ~ Crt ~o~~ci~ Pa~ic Y .~ Title: Ciry Council PoGcy Regard'vng ~pplicarions for Tax Exempaon by Designation Date of Adoptiam February 3, 2004 Dates of Revisions: May 6, 2048 Page 1 af 4 I.Q Pur.~ose and Need Purpose: To establish rriteria for approval of resolutions by City Council ta exempt, by designation, Iocai nonprof t organizatians from real and personal groperty taxes. Need Ciry Cauncil has requested guidance as t,a cnitexia for considering exemptions as well as a proced~are for reviewing requests for exemption from loca~ property raxes. The C,oinmissioner ~f the Revenue 4~as nffered revisions to Council's policy adopte~ on Eebncary 2, 2004 in an effort to streamline the exemprion review process for iocai nonpzafit orgariizauons and provide necessary analysis and oversight af rhe applicativn process. Legislative Background: The Virginia Constinrtion provides that, afier January 1, 2003, Iocal governments may, by designaxion, exempt the real and persanal praperry of nonprofit organizat~ans from Iocal propeny taxes if used exctusiveiy for reIigious, charirable, patriotic, historicaI, benevoIent, cultural, or public park and pIaygraund~ purposes. However, as pravided in Virginia ~ode § 58.1-3651, the locai goveming body must adopt an ordinance to exempt the ProPercY• Z.0 Po~ The City Conncit is nor required to designate any organization propetIy applying for exem{~tian from taxation, and every designauon of an organization is condirioned ugon compliance wit~ the temts of this policy and any ordinance granting the exerrzptian. Tf an organization dves not comply with these requirements, the City Council may revoke the tax exemptian after providing no~ce and a hearing to the organization. Any revocation of an ea~emption shall be effecuve ar the beginning of th~e tax year de~ring which ~he revocarion occurs. The applicant ar a repzesentarive of the applicant shali provide the Cammissioner of the Revenue deta'rled informauon neeessary so derermine rhe benefits to the public that wiII result fram granting. tax exemgrion. In considering appIicarions, the Comrnissionez of the Revenue shall ernpioy rhe following guide~ines: , ` Tide: Ciry Council Policy Regarding Applications for Tax Exemprion by Designation Date af Adoption: February 3, 20Q4 Dates of Revisions: May 6, 20Q8 Page 2 of 4 1, The organizauon must be exempt from federat incame tax pursuant to Irnemal Revenue eode ~ 50I(c~. 2. PersonaI ar real properry for which an exemption u sought cannot be ~sed by any tnember of the organization or o~her persons excegt for non-prof~t purposes benefiting the non-Qrofit or~anization applying for exemgrion. 3. The arganization must be in compliance wich alI City ordinances and reguSations (incluciing ' but not timited to building, praperty maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City tiiat resuhs zn a benefit to the public (tangible or zrnangible). The following requirernents apply to each entiry exempted fram tocal properry taxes by the Ciry Cauncil: 1. Upon abtaining exempr~on, the organization must arinualIy submit (by 7uly I of each year) its IntemaI Revenue Servi~e Forrn 99i? or 990 EZ to the Commissioner of the Revenue. I#~ not re~uired to f~e Forrn 990 or 990 EZ, then ti~e organization must annually cenify on form{s) prescribed by the Cornmissioner of the Revenue its canunuing tax exempt status. Lass of 5QI(c) status must imrnediately be reported ro the Commissioner of the Revenne and Ciry Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant ro Virginia Code § 5$.I-36'05, each entity exempted from iocal property ta7ces shall, every three years, fiIe an exempt~on application with the Commissioner of the Revenue as a zequirement for reten~on of t~e exempt status of the property. The appiication farm shall be approved as w form by the Giry Attorney. 3. Each entity exempted frorn loca! property caxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its f nandal records, compliance with the terms of this policy, and cornpfiance with any ordinance granring tax exernption. 3.0 Procedure co AccomRsh Policv 1. ~rganizations apglying far exemption must request a determination from the Commissioner of the. Revenue as ro whether the organization is or may be tax-exempt by dassif:ca~on, pursuant to Article 2(§58.1-360b et seq.) ar°ArricIe 3(§5$.1-3609 et seq.) of ~de 58.1 of the Virginia Code. If the organization is not exempt, but rneets the criteria of organizauons that can be exempted by designatian (see Virginia Code §58.1-36~1}, tfze orgaz~iza~on wi~ receive ~ ~ ('+ ( • f . Title: City Council Policy Regarding Applicacions for Tax Exempuon by Designarion Date of ~.doption: ~ebn~ary 3, 2004 Dates of Revisions: May 6, 2008 Page 3 of 4 an applica~on from the Commissioner of the Revenue. The application form shaIi request aII informarion zequired by Virginia Cade §58.1-3b5~ and be approved as ro form by the Ciry" Attomey~ 2. Appticarions for e:~empuon shaII be considered qaarterly. Applications for exempuan inust be submitted to the Commissioner of the Revenue. Applications shaii be submitted no iater than October I of the year preceding che effective daie of the exemption. Based on the criteria set forth in section 2.0 of this policy, the CommissiQner of the Revenue wili review each application and make a report to City Cauncil regarding whether an organization qualifies far exemprion under Iaw and City policy. The Cosnmissioner of the Revenue wi~t not submit applications he deems incamplete to Ciry Coun~ for a detemunation. 3. The Cazzzmissioner of the Revenue shall fflrward copies of the applications along with his written findings ta the City Attomey. The City Attomey shaIl prepare the r~cessary ordinances for Ciry Cauu~ci! ~and coordinate with the City Clerk to ensure that the apQ~icarions are properly advertised and placed on the City Councit's agenda for a public hearing and forma! consideration. 4. The City Cauncil will conduct a public hearing and consider the aiteria set forth in Virginia Cade §58.I-365I, section 2.0 of this policy, and the findings of the Comznissioner of rize Revenue. ~ 5. Any exemgaions granted shaIl be effecrive as of the next january I. . 6. Exempuans, as well as any departure from rhese guidelines, shaIi require approval by three- fou~ths (3/4) of the members of Ciry Coundl. 4A Responsibility and Authorirv Responsibiliry far initiaang application far exemptian and ritnely providing any informavan ar appfication required by the Commissioner of tl3e Revenue shall rest wi~ the organizaaon seeking exemp~ion. Responsibility for making avaiiabte informauan, application for exempaan, verifying subrriitted tax infarmation and repomng on the initial and cantinuing ~tatus of the taxpayer shall rest with the Cammissianer of the Revenue. ResponsibiIity for pregaring required ordinances, arranging for. t~e advenising of public hearings, and placin~ items on the Ciry CounciI's agenda £or a vote on proposed exemptians shaIl rest witii the Ciry Attorney. Responsibiliry far the final determinarion of the public benefi~s resutting from cax exemption shal~ rest extlusively with the Ciry Cauncil. Tide: City Ccunci! Poisty Regarding AppIicatians for Tax Exemgtion by Design-rion Date of Adoption: .?ebruary 3, ZOQ4 Dates of Revisions; May b, Zt?08 Page 4 of 4 5A Definirions PUBLIC Bf:NEFIT- Any beneft or advantage expected to be realizeci by the public, whether tangible or ir~tan~ible, which may accompany the tax exemption, LOCAL PR ~PERTY TAXES- Ad vaiorem taxes levied by the City of Virginia BeaCh on reat estate or tant;ible personal properry. b.a ecific Re uirements In addirion tc~ the proceduxes anc~ responsibzlities set forth in paragraphs 3.0 and 4.0, resgectivel~r, documentation forwarded to the Ciry Council shall include submissioc~ of an applica~on form in forzn and suE-stance substantially as presented in the attarhed Eathibit A, as well as any additianal information i:hat the applicant wishes m present to the City CounciL -45- Item V-J.4. ORDINANCES ITEM # 60673 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to AUTHORIZE the Ciry Manager to EXECUTE, on behalf of the Ciry, an Intergovernmental Agreement between the Virginia Department of Agriculture, Consumer Services and the City of Virginia Beach re the purchase of Agricultural Reserve Program (ARP) easements voting.• 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. `Bill" DeSteph, 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: Harry E. Diezel February 22, 2011 . ~4 ~ ~u ~ L~ ~ W ~ t y`! .v~ ~ ~C L``^.,v CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution authorizing and directing the City Manager to execute, on behalf of the City, an Intergovernmental Agreement befinreen the Virginia Department of Agriculture and Consumer Services and the City of Virginia Beach regarding the purchase of Agricultural Reserve Program Easements MEETING DATE~ February 22, 2011 ^ Background: In 2010, the Virginia Department of Agriculture and Consumer Services (VDACS) determined that the City is eligible for additional State funding over the next finro years in the maximum cumulative amount of $12,500.00, as reimbursement for certain costs incurred by the City in connection with the purchase of farmland preservation easements under the City's Agricultural Reserve Program (ARP). The City previously approved to receive funding from VDACS on June 24, 2008, January 27, 2009 and February 23, 2010. Subject to the approval of the City Council, the City Staff and VDACS have agreed upon the terms of an Intergovernmental Agreement (IA) providing for the additional funding. ^ Considerations: The agreement provides that VDACS will reimburse the City for certain costs of acquiring ARP easements. Costs eligible for reimbursement include: (1) the costs of U.S. Treasury STRIPS bought by the City to fund the purchase of the easement; (2) the cost of one appraisal; (3) attorney's fees; (4) the cost of one survey; (5) title insurance fees; and (6) public notice costs. The IA also allows the City to be reimbursed for certain other costs that, under current practice, are not incurred by the City in the course of acquiring ARP easements. These include certain debt service on the financed portion of the purchase price of an ARP easement and portions of the purchase price of an ARP easement that the City will prepay. The IA also places a maximum amount on the reimbursement for any single ARP transaction. That amount, however, is unlikely to be exceeded, and it is thus anticipated that the City will be reimbursed in any single transaction for 100% of the costs listed above, up to the maximum cumulative amount of $12,500.00. A Summary of Material Terms is included in the agenda package for this item. ^ Public Information: No special advertising is required. ^ Recommendations: Adoption of Resolution and Ordinance ^ Attachments: Ordinance, Resolution and Summary of Material Terms Recommended Action: Approval of the Ordinance and Resolution Submitting DepartmentlAgency: Agriculture Department ~~ City Manager: ~ ~ '~ ~ ~ A RESOLUTION AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE, ON BEHALF OF THE 3 CITY, AN INTERGOVERNMENTAL AGREEMENT 4 BETWEEN THE VIRGINIA DEPARTMENT OF 5 AGRICULTURE AND CONSUMER SERVICES AND THE 6 CITY OF VIRGINIA BEACH REGARDING THE PURCHASE 7 OF AGRICULTURAL RESERVE PROGRAM EASEMENTS 8 9 10 WHEREAS, the City of Virginia Beach adopted the Agricultural Lands 11 Preservation Ordinance in May 1995, thereby establishing a comprehensive program 12 (the "Agricultural Reserve Program") for the preservation of agricultural lands within the 13 City; and 14 15 WHEREAS, since its inception of the Agricultural Reserve Program, 16 approximately 8,621 acres of land have been placed under easements restricting 17 development of the land to agricultural uses; and 18 19 WHEREAS, the General Assembly, by Chapter 874 of the 2010 Acts of 20 Assembly, has appropriated $100,000 to the Virginia Department of Agriculture and 21 Consumer Services ("VDACS") for the continuation of a state fund to match local 22 governmental purchases of development rights program funds for the preservation of 23 working farms and forest lands; and 24 25 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes VDACS' Office of 26 Farmland Preservation to develop methods and sources of revenue for allocating funds 27 to localities to purchase agricultural conservation easements; and 28 29 WHEREAS, VDACS has determined that the City of Virginia Beach is eligible to 30 receive contributions of funds from VDACS in reimbursement for certain costs the City of 31 Virginia Beach incurs in the course of purchasing Agricultural Reserve Program 32 easements; and 33 34 WHEREAS, the City and VDACS desire to enter into an agreement pursuant to 35 which VDACS will reimburse the City for certain costs incurred by the City in the course 36 of purchasing ARP easements, up to a cumulative maximum amount of $12,500, for a 37 period of two (2) years from the date of the agreement; and 38 39 WHEREAS, the complete agreement befinreen the City and VDACS is set forth in 40 that certain document entitled INTERGOVERNMENTAL AGREEMENT Befinreen 41 Virginia Department of Agriculture and Consumer Services and The City of Virginia 42 Beach," dated December 31, 2010, a true copy of which agreement is on file in the City 43 Clerk's Office; and 44 45 WHEREAS, a Summary of Material Terms of the said agreement is appended 46 hereto; and 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 83 84 85 WHEREAS, the City Council finds that the terms of the said agreement are fair and reasonable and would be of significant benefit to the City and its citizens by providing an additional source of funds for the purchase of Agricultural Reserve Program easements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is hereby authorized and directed to execute the aforesaid agreement, and any modifications to the aforesaid agreement, on behalf of the City and to take such measures as are necessary or advisable to implement such agreement according to its terms. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Council hereby expresses its appreciation to the Governor, the General Assembly and the Virginia Department of Agriculture and Consumer Services for their continued commitment to the preservation of agriculture within the Commonwealth and the City. Adopted by the Council of the City of Virginia Beach, Virginia on the 2 2nd day of Februarv , 2011. Approved as to Content: Approved as to Legal Sufficiency: ~ Agriculture Department CA-11680 \\vbgov.com\dfs1 ~applications\citylawprod\cycom32~wpdocs\d006~p009\00000982.doc R-1 January 6, 2011 ~~ l ~ ~,1~'~ J~~ + V • ~V " ~~~ ~ City Attorney's Office 2 Intergovernmental Agreement between Virginia Department of Agriculture and Consumer Services and The City of Virginia Beach Summary of Material Terms Background: City of Virginia Beach is eligible to receive an additional $12,500 in State funds to purchase agricultural preservation easements through the City's Agricultural Reserve Program (ARP). The City of Virginia Beach was previously approved to receive $403,219.75 from the Virginia Department of Agriculture and Consumer Services (VDACS) on June 24, 2008, $49,900.00 on January 27, 2009 and $93,932.19 on February 23, 2010. Parties: The City of Virginia Beach and the Virginia Department of Agriculture and Consumer Services (VDACS). VDACS Responsibilities: VDACS will reimburse the City for certain costs of purchasing ARP easements. The maximum amount in new funding over the next two years is $12,500. Reimbursable costs include: • the purchase price of any Treasury STRIPS acquired to fund the purchase price of the conservation easement; • cost of title insurance; • cost of one appraisal; • one physical survey; • reasonable attorney's fees; • cost of public notices Note: Other costs are reimbursable but are not incurred by the City in the course of ARP transactions as presently structured. Maximum reimbursement for a single purchase is equal to 50% of sum of the purchase price of the easement and reimbursable costs, excluding costs of STRIPS. City of Virginia Beach Responsibilities: • Utilize state funds to further protect working agricultural lands by purchasing development rights. . Submit a progress report each year that the agreement is effective or a subsequent agreement is in effect to (i) describe any prospective properties and the status of any negotiations, (ii) estimate the timeframes that agreements could possibly be executed, (iii) maintain a public outreach program designed to educate various stakeholders, (iv) develop and maintain a monitoring program, and (v) continually evaluate the effectiveness of the program. If City sells development rights back to the property owner, City must reimburse VDACS in an amount proportional to VDACS' contribution toward the total reimbursable cost of acquiring the ARP easement. Cost: • No associated costs are incurred by the City Duration and Termination: . Initial term is two years from the date of the agreement or December 31, 2012. . This agreement shall be merged with the previous agreement approved on February 23, 2010, so there are no inconsistencies. • City may be recertified as eligible for future funding, but not guaranteed. • The agreement may be terminated if the City fails to perform any of its obligations under the terms of this agreement. • If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other PDR programs. 2 -46- Item V-J.S. ORDINANCES ITEM # 60674 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, BY CONSENT: Resolution to DIRECT the City Manager prepare an Ordinance re the City/School Revenue Sharing Formula and the School Risk Management Internal Service Fund and to work with the City Attorney to evaluate a consolidation of Risk Management Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. `Bill " DeSteph, 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: Harry E. Diezel February 22, 2011 -47- Item V-J.6. ORDINANCES ITEM # 60675 Upun motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to DONATE the UBAM radio equipment to the Virginia Department of Transportation (VDOT) Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Yi'illiam R. `Bill " DeSteph, 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.• Harry E. Diezel February 22, 2011 ~ AN ORDINANCE TO DONATE RADIO EQUIPMENT TO 2 THE VIRGINIA DEPARTMENT OF TRANSPORTATION 3 4 WHEREAS, pursuant to Virginia Code § 15.2-953(B), the City may donate 5 personal property to another governmental entity; 6 7 WHEREAS, the radio equipment used for the City's low power AM radio (VBAM) 8 no longer serves a useful purpose; 9 10 WHEREAS, the Virginia Department of Transportation (VDOT) has expressed 11 interest in acquiring this equipment; and 12 13 WHEREAS, VDOT currently operates radio systems using similar equipment 14 throughout the state. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 1 g That the VBAM radio equipment, set forth in further detail in the attached asset 20 disposition form, is hereby donated to VDOT. Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of February , 2011. APPROVED AS TO CONTENT ~~~.~~~ c ~b ~ ~ t~ ~ l'~.. ~ ~-~"~ Communications and Information Technology APPROVED AS TO LEGAL SUFFICIENCY: ~%<~ ~ City Attorney's Office CA11794 R-2 February 7, 2011 Form N0. D.F. 30-5 {Rev. 3/94) Cit~ of Virginia Beach, ~irginia A~se~ Di.sposal Forna Department and Burean Code: 21010 gureau or Department Name: ComIT DesClriptio~l of the Capital A5set {iuicluding nam~e of manufacturer, model number, serial number, model year, etc) Fiighway Advisory Radio system (VB.AM 4 transnnitter sites, i message autlaoring site) Highway Infozmation 3ystems: 4 of the following: DRTXM3; DRISQOAM; DRPSMl; EAS receiver; Black Max; DCC1; GPS1; ANTMOD; znstallation, etc. 1 each of I following: DR200fl; TS100SC; insta]lation, etc.; numerous serial nuznbers; 2005 Asset Type: ~ Capital Asset Recommended Action: ~ Junked x~ Donate to VDOT ~ Used For Parts ~ Loan T'o• Invenfory No. 142973 ~ Non-Capital Asset Recommended Salvage Value: ~Value: $ ~ Asset Has No Salvage Value . (DepL/Bureau Code) ~ Transfer ta: (DeptJ~ureau Code) ~ Trade In: _ (Details) Comnaents: see purchasing donation justification xbemo; City Council will formally approve aonanon; vliv i conu~c~ svv~~ ~.~lu, Fina.nce inventory account cost: $116, 978.40; contact: Richard Dyer 385-I862 Thits Capital Asset Is no longez' Usefiil for our operating p~ d I 1 February 7, 2011 Kevin Fa'~ley s Date Deparlment Head or Autbor FOR PURCHASING DIVISI~N USE that tt be atsposea oi as Luwca~CU. Y Action Taken : Storage LoCatioll: Not cuirently stored; equipmenf is located at originally installed sites Disposal Date• I Authorized Signature: City af Virginia B ~ach VB~ov.com COMMUNICATIONS nN~ INFORMATION TECHNOLOGY MULTIMEDIA SERVICES DIVISIONNBN (757)385-4121 FAX (757)368-5617 TDD (757) 427-4305 INTER-OFFICE MEMORANDUM DATE: February 4, 2011 TO: Bill Davis, Finance/Purchasing FROM: Richard Dyer, ComIT/Multimedia Services SUBJECT: Highway Advisory Radio (VBAM) Donation Justification 1800COLLEGECRESCENT ROOM H161 VIRGINIA BEACH, VA 23453-1902 Considering the poor condition of the Highway Advisory Radio (HAR) components, high cost to maintain, and market demand, it is in the City's best interest to donate the six year old equipment, verses solicit private bids. A private entity would be reluctant to bid on this system which requires numerous component repairs and software upgrades. By equipment and FCC program design, most HAR systems were built for government transportation and emergency agency needs, further reducing commercial demand. Past attempts, of even soliciting interest in commercially compatible equipment, have resulted in minimum to no bids. We anticipate that VDOT will utilize its substantial local resources to dismantle and transport the equipment, further reducing the City demolition cost. VDOT also could utilize the components as parts to maintain existing systems. Commercial interest, if any, would likely come from outside the local area, further reducing bid values. If I can provide any further information or assistance, please contact me at 385-1862 or at rdyer(c~vbgov.com c: Kevin Fairley, ComIT -48- Item V-J.7. ORDINANCES ITEM # 60676 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to APPROPRIATE $75, 000 from the General Fund as a five year interest-free loan to the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. re the purchase of a replacement ambulance Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. `Bill " DeSteph, 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.• Harry E. Diezel February 22, 2011 ~ AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE CHESAPEAKE BEACH 3 VOLUNTEER FIRE AND RESCUE DEPARTMENT, INC., FOR 4 THE PURCHASE OF A REPLACEMENT AMBULANCE 5 6 WHEREAS, the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. 7 has requested an interest free loan of $75,000 to purchase a pre-owned replacement 8 ambulance with estimated cost of $75,000. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA, THAT: 12 13 1. $75,000 is hereby appropriated from the fund balance of the General Fund 14 for an interest-free loan to the Chesapeake Beach Volunteer Fire and Rescue Department, 15 Inc. for the purchase of a replacement ambulance, contingent upon execution of the 16 attached agreement; and 17 18 2. This loan is to be repaid by Chesapeake Beach Volunteer Fire and Rescue 19 Department, Inc. over five (5) years, pursuant to the terms of the attached promissory note. 20 21 Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of 22 ~or„-„a,-~~ , 2011 Requires an atfirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -Y i~~~ ~ ~ ~ ~- ~ ~ Management Services City Attorney's Office CA11792 R-1 February 4, 2011 PROMISSORY NOTE $75,000 Virginia Beach, Virginia February 22, 2011 FOR VALUE RECEIVED, Chesapeake Beach Volunteer Fire and Rescue Department, Inc., ("Maker"), promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of SEVENTY-FIVE THOUSAND DOLLARS ($75,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before February 1, 2012 -$15,000 On or before February 1, 2013 -$15,000 On or before February 1, 2014 -$15,000 On or before February 1, 2015 -$15,000 On or before February l, 2016 -$15,000 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereo£ It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid wlien due. 2/4/2011 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\Wpdocs\D004\P009\00005171.DOC WITNESS the following signature(s). CHESAPEAKE BEACH VOLUNTEER FIRE AND RESCUE DEPARTMENT, INC. (SEAL) By: NAME, Director 2/4/2011 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\Wpdocs\D004\P009\00005171.DOC Agreement Between the City of Virginia Beach and the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. THIS AGREEMENT is made and entered into this day of , 2010, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accardance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY-insured vehicle. The 1 Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request for extension shall be made to the EMS Chief no less than 30 days prior to the payment due date. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. ATTEST: City Clerk APPROVED AS TO CONTENT: CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager CHESAPEAKE BEACH FIRE AND RESCUE 1NC. By: Title: VOLUNTEER DEPARTMENT, APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach Management Services City Attorney's Office Virginia Beach Risk Management Virginia Beach EMS Chief 3 ~E~B ~~ ~ U ~ y C~q ~~s~UE gC10 L'9G~NIA BEAGN,P January 11, 2011 Chesap eake Beach Volu~teeY .~ire and Rescue De~ar~ment, Inc. ~ P.O. Box 5674 Virginia Beach, Virginia 23455 ~ Tel. 460-7509 Brittany Coutcher President CBVRS 2444 Pleasure House Rd Virginia Beach, VA 23455 Chie£ Edwards, The Chesapeake Beach Volunteer Fire and Rescue Dept needs to replace unit 421. Unit 421 is a 1997 Boardman. This unit is the oldest active unit in the system.421 is currently at the city garage out of service for electrical issues for the past few months. Unit 421 will be sold as not to be used as an emergency vehicle, The squad intends to purchase a 2005 Chevy 4500 Horton ambulance with 25,OOOmiles on it from Pe~co e~ae~ency vehicles. The purchase of the unit will cost $75,OOO.We wouid like to pwrcha~a_this as soon as possible once funding is approved. The Chesapeake Beach Volunt~r Fire~Rescue Department. Requests a no interest loan from the city for the full .purchasee amour~~ for a term of 5 years paid at $15,000.00 a year. At this time there are no outsta~iing city loans to our squad. .y.. ~ • ~'haia~~`you in ~dvance for your consideration. 1 [-~. ~ ~`\~ Respectfully, ~~ , Brittany Coutcher President CBVRS -49- Item V-J.8 a-e. ORDINANCES ITEM # 60677 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to TRANSFER funds within the School Operating Fund re technology related equipment f. $136, 687 from the Instruction Classification g. $ 20,540 from the Administration, Attendance and Health Classification h. $ 48, 567 from the Operations and Maintenance Classification i. $ 25, 000 from the Instruction Classification to the Operations and Maintenance Classification j. $ 33, 527 from the Technology Fund to the Operations and Maintenance Classification Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. `Bill " DeSteph, 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: Harry E. Diezel February 22, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE FY 2010-11 SCHOOL OPERATING BUDGET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds within the FY 2010-11 School Operating Budget are herby transferred in the following amounts: 1. $136,687 from the Instruction Classification of the Operating Fund (115) to the Technology Fund (106); 2. $20,540 from the Administration, Attendance, and Health Classification of the Operating Fund (115) to the Technology Fund (106); 3. $48,567 from the Operations and Maintenance Classification of the Operating Fund (115) to the Technology Fund (106); 4. $25,000 from the Instruction Classification of the Operating Fund (115) to the Operations and Maintenance Classification of the Operating Fund (115); and 5. $33,527 from the Technology Fund (106) to the Operations and Maintenance Classification of the Operating Fund (115). Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of February , 2011. APPROVED AS TO CONTENT ~~ '~~ ~ ~ ~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: .r~.,,. ...e t s __.. ice CA11795 R-2 February 14, 2011 ~RGINIA BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E C U K v t RESOLUTION REGARDING FY 2010-11 BUDGET AND REQUEST FOR CATEGORICALIFUND TRANSFERS SCHOOLBOARD Daniel D. Edwards Chairman District 1- Centerville 1513 Beachview Drive VA Beach, VA 23464 495-3551 (h} • 717-0259 (c) Wllliam J. "Bill" Brunke, IV Vice-Chalrman District 7 - Princess Anne 4099 Foxwood ~rive, Ste 106 Virginia Beach, VA 23462 222-0134 (w) • 286-2772 (c) Todd C. Davidson At-Large 1861 Mayberry Drive VA 8each, VA 23456 427-3330 (w) • 285-9409 (c) Emma L. "Em" Davis District 5 - Lynnhaven 1125 Michaelwood Drive VA Beach,VA 23452 340-8911~h) Dorothy M. "Dottie" Holtr At-Large 1304 Downs Lane VA Beach, VA 23455 460•2440(h} Brent N. Mckenzie District 3 - Rose Hall 1400 Brookwood Place VA Beach, VA 23453 816-2736 (c) Ashley K. McLeod At-Large 5508 Def Park Avenue VA 8each,VA 23455 552-D348(h) Samuel G. "Sam" Reid District 6 - Beach 1533 VA Beach Blvd. VA Beach, VA 23454 284-1067 (c) Patrick S. Salyer At-Large 2233 Creeks Edge Drive VA Beach, VA 23451 620-2141 (c) Sandra Smith-Jones Dislricl 2 - Kempsville 705 Rock Creek Court VA Beach, VA 23462 490-8167 (h) Carolyn D. Weems DisUict 4 - Bayside 1420 Claudia Drive VA Beach, VA 23455 464-6674(h) SUPERINTENDENT James G. Merrtll, Ed.D. 2512 George Mason Drive VA Beach, VA 23456 2ss-~oo~ WHEREAS, the City of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscai year appropriated funds to the School Board of the City of Virginia Beach, Virginia by major Category; and WHEREAS, The Cade of Virginia §22.1-115, as amended, requires that technology related expenditures be made in a separate Fund or Category; and WHEREAS, the School Administration has determined that a number of schools/departments should purchase required technology in order to meet the spending needs of the schools/departments and that categorical/fund transfers are required to enable those purchases; antl WHEREAS, the following budget transfers are recommended by the School Administration: •Total of $136,687 from Operating Fund 115- Instruction to Technology Fund 106 •Total of $20,540 from Operating Fund 115-Admin., Attendance & Health to Technology Fund 106 •Total of $48, 567 from Operating Fund 115-Operations & Maintenance to Technology Fund 106 •Total of $25,000 from Operating Fund 115- Instruction to Operations and Maintenance .Total of $33, 527 from Technology Fund 106 to Operating Fund 115-Operations & Maintenance WHEREAS, transfers between categorieslfunds must be approved by the City Council prior to expentliture of ~ such funds by the School Board. Now therefore, be it RESOLVED: That the School Board rescinds the Resolution adopted on February 1, 2011 and entitled Resolution Regarding FY2010-11 Budget and Request for Categorical/Fund Transfers; and be it FURTHER RESOLVED: That the School Board approves and affirms the above listed recommended uses of these funds; and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the budget categorical/funds transfers shown above; and be it FINALLY RESOLVED: That a copy of this Resolution be spread across the official minutes of this School Board, and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 15th day of February 2011. S E A L ~ ~,~ ~..~f ~s..~ .~ .~.-~- ~ `~-~-°`° Daniel D. Edwards, Chairman ATTEST: ~(,,~c.~.~--,.e. lP ~c,~o~c~w l ° Dianne P. Alexander, Clerk of the Board School Administrafion Building ~ 2512 George Mason Drive • P.O. Box 6038 • Virginia Beach, VA 23456-0038 -SO- Item K. PLANNING ITEM # 60678 l.a. JAMES F. III and CAROL SKARBEK (808 Surfside Avenue) b. JOHN J. and SiISAN W. ROSS (607 Vanderbilt Avenue) c. Keith C. and Karen E. O'Neil (609 Vanderbilt Avenue) d. Paul A. Filion (611 VanderbiltAvenue) 2. CHURCH OF CHRIST/EMMANUEL E. HENRY 3. FAITH FOR DELIVERANCE/EMMANUEL E. HENRY STREET CLOSURES /incorporating the alley with existing single farr~ily residential lots CONDITIONAL USE PERMIT CONDITIONAL i1SE PERMIT 4. TIDEWATER SEVENTH-DAYADVENTIST CHURCH/ CONDITIONAL USE PERMIT EMMANUEL E. HENR Y S. CITY ZONING ORDINANCE 6. CITY'S LANDSCAPING GUIDE AMEND Sections 203/236 re off- Street parking requirements AMEND by inclusion of amendments re bicycle parking and permeable paving system February 22, 2011 - SI - Item L. PLANNING ITEM # 60679 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Items 1 a-d, 2, 3, 4, S and 6(DEFERRED 4/26/11) of the PLANNING BY CONSENT AGENDA: Item S(Ordinance to AMEND Sections 203 and 236 of the e(CZO) re off-street parking requirements) shall be DEFERRED, BY CONSENT, si,~ety (60) days until the City Council Session of April 26, 2011. Item 6(Ordinance to AMEND the Ciry's Landscaping Guide by inclusion of amendments re bicycle parking and permeable paving system) shall be DEFERRED, BY CONSENT, sixty (60) days until the City Council Session of April 26, 2011.. Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto> Glenn R. Davis, William R. `Bill " DeSteph, 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: Harry E. Diezel February 22, 2011 -52- Item K.1. a. PLANNING ITEM # 60680 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance approving application of JAMES F. SKARBEK, III and CAROL SKARBEK for the closure of ca portion of the unimproved, unnamed alley adjacent to Lot 8, Block 13, Croatan Beach (808 Surfside Avenue). DISTRICT 6 - BEACH The following conditions shall be required: 1. The Ciry Attorney's O~ce will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the Ciry 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 resubdivide the properry and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a drainage easement over the closed portion of the alley to the Ciry of Virginia Beach, subject to the approval of the Department of Public Works and the Ciry Attorney's office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify thczt 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. 4. 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 21, 2012). If all conditions noted above are not in compliance 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. February 22, 2011 -53- Item K.l.a. PLANNING ITEM # 60680 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. `Bill " DeSteph, 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: Harry E. Diezel February 22, 2011 ~ ORDINANCE APPROVING APPLICATION OF 2 JAMES F. SKARBEK, III AND CAROL SKARBEK 3 FOR THE CLOSURE OF A PORTION OF THE 4 UNIMPROVED, UNNAMED ALLEY ADJACENT TO 5 LOT 8, BLOCK 13, 808 SURFSIDE AVENUE IN 6 CROATAN 7 8 WHEREAS, James F. Skarbek, III and Carol Skarbek (the "Applicant") 9 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 10 described alley discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said alley be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance; 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 17 Virginia Beach, Virginia: 18 ~ g SECTION I 20 21 That the hereinafter described alley be discontinued, closed and vacated, 22 subject to certain conditions being met on or before one (1) year from City Council's 23 adoption of this ordinance: 24 25 All that certain piece or parcel of land situate, lying and being 26 in the City of Virginia Beach, Virginia, designated and 27 described as "Indicates Portion of Alley To Be Closed (375 28 SQ. FT./0.009 AC.)," shown as the hatched area on that 29 certain plat entitled: "PLAT SHOWING PORTION OF 15' 30 ALLEY ADJACENT TO LOT 8- BLOCK 13 CROATAN 31 BEACH M.B. 24 P. 37 TO BE CLOSED VIRGINIA BEACH, 32 VIRGINIA" Scale: 1" = 30', dated SEPTEMBER 13, 2010, 33 prepared by Gallup Surveyors & Engineers, LTD., a copy of 34 which is attached hereto as Exhibit A. 35 36 37 38 39 40 41 42 43 44 GPIN:2426-37-5708-0000 i 45 SECTION II 46 47 The following conditions must be met on or before one (1) year from City 48 Council's adoption of this ordinance: 49 50 1. The City Attorney's Office will make the final determination regarding 51 ownership of the underlying fee. The purchase price to be paid to the City shall be 52 determined according to the "Policy Regarding Purchase of City's Interest in Streets 53 Pursuant to Street Closures," approved by City Council. Copies of said policy are 54 available in the Planning Department. 55 56 2. The applicant shall resubdivide the property and vacate internal lot 57 lines to incorporate the closed area into the adjoining parcel. The resubdivision plat 58 must be submitted and approved for recordation prior to final street closure approval. 59 Said plat must include the dedication of a drainage easement over the closed portion of 60 the alley to the City of Virginia Beach, subject to the approval of the Department of 61 Public Works and the City Attorney's office, which easement shall include a right of 62 reasonable ingress and egress. 63 64 3. The applicant shall verify that no private utilities exist within the right-of- 65 way proposed for closure. Preliminary comments from the utility companies indicate 66 that there are no private utilities within the right-of-way proposed for closure. If private 67 utilities do exist, the applicant shall provide easements satisfactory to the utility 68 companies. 69 70 4. Closure of the right-of-way shall be contingent upon compliance with 71 the above stated conditions within one (1) year of approval by City Council. If all 72 conditions noted above are not in compliance and the final plat is not approved within 73 one (1) year of the City Council vote to close the street, this approval will be considered 74 null and void. 75 76 SECTION III 77 78 1. If the preceding conditions are not fulfilled on or before February 21, 79 2012, this Ordinance will be deemed null and void without further action by the City 80 Council. 81 82 2. If all conditions are met on or before February 21, 2012, the date of 83 final closure is the date the street closure ordinance is recorded by the City Attorney. 84 85 3. In the event the City of Virginia Beach has any interest in the 86 underlying fee, the City Manager or his designee is authorized to execute whatever 87 documents, if any, that may be requested to convey such interest, provided said 88 documents are approved by the City Attorney's Office. a 89 90 91 92 93 94 95 96 97 98 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 JAMES F. SKARBEK, III and CAROL SKARBEK, as "Grantee." Adopted by the Council of the City of Virginia Beach, Virginia, on this 22ndday of February , 2011. CA11671 R-1 February 4, 2011 APPROVED , Plannina ei TO CONTENT: ( ;1G~ 101~~!~~ City Attorney 3 APPROVED AS TO LEGAL SUFFICIENCY: EXNIBIT "A~~ - LEGEND ~ O INDICATES PORTION OF ALLEY TO BE CLOSED(375 SQ. FT./0.009 AC.) ~ ~ p~~~1 Hj ~ . ~ ;, Q z z ~ rNE ME ~ ~ ~ o ~ ~ ~ v RI PCANE ~~~AN Sp~R~F CROATAN Rp G r, ~ Z COORDrNA r RDINq rE SY ~F TN~S p ~ z ~ ~ALUES SHOwN' q~ UTH ZON ~ASED pN TNE E ~ o -~ c~ fXPRESSEO ~N ~ S 35~ ~ rA TE R R~H P U P -~ N q R ~ EY F ~ D N Y1 £E) 5 MA - A E SITE ~pCKNEEQ CROATAN BEACH ' (M.B. 24 P. 37) LOCATION MAP SCALE:1"=1000 BLOCK 13 ~g 18A 17A M.B. 24 P. 37 I.N. 200501180007867 GP IN:2426-37-6725 GPIN:2426-37-6815 I GPIN:2426-37-6810 I I.N. 20070712000939220 REMAININ G 7.5' PORTION I 7.5' PUBLIC I DRAINAGE EASEMENT 7,5' PUBUC DRAINAGE EASEMENT OF 15' ALLEY (I.N. 200501180007867) (I.N. 20070712000939220) (M.B. 24 P. 37) o S 12'15'42° E ~\ 50 00 \ o 0 0 5' PUBLIC DRAINAGE-~_-- EXISTING R~W 7 REMAINING 7.5 PORTION ' . EASEMENT (I.N. 20090428000456480) LINE TO BE ALLEY OF 15 24 P. 37) B (M VACATED UPON . . (n ' R/W CLOSURE v, ~ ~ LOT 8 ~ ~ D ~ 9 A J -~ ~ GPIN:2426-37-5708 ~ ~PIN:2426-37-5723 - 20090428000456480 , N I ~ ~- , . . ~ o o~ GPIN: 2426-37-5802 0 ~ r~ (M.B. 24 P. 37) D o 0 °- °- ° J 7 ~ L ~ Q ~ U~ ~ O O ~ N ~ D ^ o 0 ~ ~ G ~ m 100.00' 50.00' ~"~ N 12'15' 42'~ W o SURFSIDE AVENUE (50' R/W) ~ (FORMERLY LAKE AVE.) ~ (M.B. 24 P. 37) ~ ~ PLF~T SH~vViNG ~~p.LTH p~, ~ PORTION OF o~ j 15' ALLEY ,~ ~, ADJACENT TO LOT 8- BLOCK 13 ° BRUCE ~No LUP y '' CROATAN BEACH ~~,,~ 1484 ~~o ~ M.B. 24 P. 37 TO BE CLOSED 9~~ ~~tio suR~E~°~ VIRGINIA BEACH> VIRGINIA SCALE:1"=30' SEPTEMBER 13, 2010 ~ d~~a; (',ALLUP t;;, SURVEYORS & ENGINEERS, LTD. " 323 FlRST COLONIAL ROAD ~:r:'~. VIRGINIA BEACH, NRqNIA 23454 ' -54- Item K.1. b. c. d. PLANNING ITEM # 60681 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinances, BY CONSENT, Approving (b) Application of KAREN E. and KEITH C. O'NEIL for the closure of a portion of the unimproved, unnamed alley adjacent to Lot 20, Block 18, Croatan Beach (609 Yanderbilt Avenue) DISTRICT 6 - BEACH BY CONSENT, Approving (c) Application of SLISAN 8c JOHN J. ROSS for the closure of a portion of the unimproved, unnamed alley adjacent to Lot 21, Block 18, Croatan Beach (607 Vanderbilt Avenue). DISTRICT 6 - BEACH A N D, BY CONSENT, Approving (d) Application of PAUL A. FILION for the closure of a portion of the unimproved, unnamed alley adjacent to Lot 19, Block 18, Croatan Beach (611 Vanderbilt Avenue). DISTRICT 6 - BEACH . The following conditions shall be reguired: 1. The City Attorney's O~ce will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the Ciry shall be determined according to the "Policy Regarding Purchase of Ciry'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 parcel. The subdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works and the City Attorney's office, which easement shall include a right of reasonable ingress and egress. 3. 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, the applicant shall provide easements satisfactory to the utiliry companies. 4. 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 21, 2012). If the conditions noted above are not in compliance and the final plat is not approved within one (1) year of the City Council vote to close the street, this approval shall be considered null and void. February 22, 2011 -SS- Item K.l.b.c.d. PLANNING ITEM # 60681 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. `Bill" DeSteph, 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: Harry E. Diezel February 22, 2011 ~ ORDINANCE APPROVING APPLICATION OF 2 KEITH C. O'NEIL AND KAREN E. O'NEIL FOR THE 3 CLOSURE OF A PORTION OF THE UNIMPROVED, 4 UNNAMED ALLEY ADJACENT TO LOT 20, BLOCK 5 18, 609 VANDERBILT AVENUE IN CROATAN 6 7 WHEREAS, Keith C. O'Neil and Karen E. O'Neil (the "Applicant") applied 8 to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described 9 alley discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said alley be 12 discontinued, closed, and vacated, subject to certain conditions having been met on or 13 before one (1) year from City Council's adoption of this Ordinance; 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 16 Virginia Beach, Virginia: 17 ~ g SECTION I 19 20 That the hereinafter described alley be discontinued, closed and vacated, 21 subject to certain conditions being met on or before one (1) year from City Council's 22 adoption of this ordinance: 23 24 All that certain piece or parcel of land situate, lying and being 25 in the City of Virginia Beach, Virginia, designated and 26 described as the 7.50' X 50.00' portion of the hatched area, 27 described as "Indicates Portion Of Alley To Be Closed (1125 28 sq. ft./0.026 acres)", adjacent to Lot 20, in Block 18, Croatan 2g Beach, said lot also identified as "B" and "609", as shown on 30 that certain plat entitled: "PLAT SHOWING PORTION OF 31 15' ALLEY ADJACENT TO LOTS 19, 20 & 21, BLOCK 18 32 CROATAN BEACH M.B. 24 P. 37 TO BE CLOSED 33 VIRGINIA BEACH, VIRGINIA" Scale: 1" = 50', dated 34 AUGUST 30, 2010, prepared by Gallup Surveyors & 35 Engineers, LTD., a copy of which is attached hereto as 36 Exhibit A. 37 38 39 40 41 42 43 44 GPIN:2426-38-3898-0000 i 45 SECTION II 46 47 The following conditions must be met on or before one (1) year from City 48 Council's adoption of this ordinance: 49 50 1. The City Attorney's Office will make the final determination regarding 51 ownership of the underlying fee. The purchase price to be paid to the City shall be 52 determined according to the "Policy Regarding Purchase of City's Interest in Streets 53 Pursuant to Street Closures," approved by City Council. Copies of said policy are 54 available in the Planning Department. 55 56 2. The applicant shall resubdivide the property and vacate internal lot 57 lines to incorporate the closed area into the adjoining parcel. The resubdivision plat 58 must be submitted and approved for recordation prior to final street closure approval. 59 Said plat must include the dedication of a drainage easement over the closed portion of 60 the alley to the City of Virginia Beach, subject to the approval of the Department of 61 Public Works and the City Attorney's office, which easement shall include a right of 62 reasonable ingress and egress. 63 64 3. The applicant shall verify that no private utilities exist within the right-of- 65 way proposed for closure. Preliminary comments from the utility companies indicate 66 that there are no private utilities within the right-of-way proposed for closure. If private 67 utilities do exist, the applicant shall provide easements satisfactory to the utility 68 companies. 69 70 4. Closure of the right-of-way shall be contingent upon compliance with 71 the above stated conditions within one (1) year of approval by City Council. If all 72 conditions noted above are not in compliance and the final plat is not approved within 73 one (1) year of the City Council vote to close the street, this approval will be considered 74 null and void. 75 76 SECTION III 77 78 1. If the preceding conditions are not fulfilled on or before February 21, 79 2012, this Ordinance will be deemed null and void without further action by the City 80 Council. 81 82 2. If all conditions are met on or before February 21, 2012, the date of 83 final closure is the date the street closure ordinance is recorded by the City Attorney. 84 85 3. In the event the City of Virginia Beach has any interest in the 86 underlying fee, the City Manager or his designee is authorized to execute whatever 87 documents, if any, that may be requested to convey such interest, provided said 88 documents are approved by the City Attorney's Office. a 89 gp SECTION IV 91 92 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 93 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 94 OF VIRGINIA BEACH as "Grantor" and KEITH C. O'NEIL and KAREN E. O'NEIL, as 95 "Grantee." 96 97 Adopted by the Council of the City of Virginia Beach, Virginia, on this 98 ~~ndday Of FPhru~r~ , 2011. CA11662 R-1 February 4, 2011 APPROVED AS TO CONTENT: __ Planning~~epartment APPROV~D AS TO LEGAL SUFFICIENCY: ~ ~" City Attorney 3 ~ Ei H P~ H x ~ w ~~pN PjtA~~C 5 pl1'AN~_.-'T~ 6 3~b~ ~'/N!~ I 2t~ ~° k' 2 ~ ti 0 ~i ~~ ~e m ~ U 0 ~ N a w~ J ~ Q ~ ~ N O~ N O ~/ ~ O ~W ~o ~ U aW U m ~ O Z ~ ~1 p 00 0 S ' Y ~ fl Y N J ~ a J .L M m ~ U QF Z "' Q = 7 N ~ C9 t ~S ~ N ~ Q 5 ~ o W o m~ 0 O -~ N a J U i U tl1FQ ° Qc~.~ m W ~ -~-.mmQ qa~A t ~ ~ a Z J 0 a ~ Z o0 ~o F /y 5 u F- Li. o J WU ~ Q U ~ ~ ~ a _'_ CROATAN ROAD t50' R/W) (CAR~lNA AUE. - M.B. 24 P. 31) ~ O ~ J~M aN 0 ~~a Z N ZZ~~ z°5~ ~OV~ ~ ~~w~ ~~m~ > ~'' a W M Z ~Mf~ ~ ~ s r- ~ j, ~'o o a o `~ ~;, ~ • Z °~° ~ ~ a ~~ ~ ~ ~ ~~~ m ~~~' ' °~o a _~ M1 W M t~ 01 ~ 2 o ~c N ? M N ~ Z~ ~ N ~ ~ S $ ~~ N ~ C.'J ~ oi ~ m N .~ Cv ` g ~ `~ (W~oa),OS'LOl 3 .5b 54.58 N ~ i M ~ ' 7.50' ,OD'DOl a i ~ ~ ~ O ~' N ~~ ~I v ~~ ~W ~ ~ ~ Q ~, ~ ~s W m ~ ~ `~ N (~~ol),OS'LOt 3 .S4,S4.58 N _. ~ ` 'L ,00'OOt ~ V o m "' ~ ' ~ M I W ~ , ~ M ~ O p ~ ~ W r. Z~ ,~ ~ IN ~ p = ~ m N i O p ~ll~ c0 ~ ll') ~+-~ ~ ~ m ~ N ~ N ~' (~°a°1),OS'LOl 3 .94,S4.68 N ~ T N ~ m Q n t" ~' N N ,QS'L ,00'Odt ~ O ~ N ~ /r `~- O ~ ~ ~ p M ~ ,Ar' L~ n~ N ~ Op~ ~A ~1 Z p ~p l~t~~ t,/~~ Sp ~ u~ U m ~ N ~ N F- _ ~ ,o~~c oo~ ,oo J ~ ~ (roao~).os•co~ M .si,sise s ~ ~ ~ M ~ ~ ~ n a~o ~ ~D ~ ~ ~ N N ~ ~~ ~~ ~ 0. Z~ N U' ~ W Q ~ = & a<~ ~~~ °~ N ~ ~ Z ~~ j ~ N N _ ~ z~ Ot ~ ~ O O ~ ~ ii Y Q o~S ~ c~ a `~ ~ ~~ `S ~ V ~, 3 ~ .~ _ ~ ~ ~ ~ 0 i ,a ~ ORDINANCE APPROVING APPLICATION OF JOHN 2 J. ROSS AND SUSAN W. ROSS FOR THE 3 CLOSURE OF A PORTION OF THE UNIMPROVED, 4 UNNAMED ALLEY ADJACENT TO LOT 21, BLOCK 5 18, 607 VANDERBILT AVENUE IN CROATAN 6 7 WHEREAS, John J. Ross and Susan W. Ross (the "Applicant") applied to 8 the Council of the City of Virginia Beach, Virginia, to have the hereinafter described 9 alley discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said alley be 12 discontinued, closed, and vacated, subject to certain conditions having been met on or 13 before one (1) year from City Council's adoption of this Ordinance; 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 16 Virginia Beach, Virginia: 17 ~ g SECTION I 19 20 That the hereinafter described alley be discontinued, closed and vacated, 21 subject to certain conditions being met on or before one (1) year from City Council's 22 adoption of this ordinance: 23 24 All that certain piece or parcel of land situate, lying and being 25 in the City of Virginia Beach, Virginia, designated and 26 described as the 7.50' X 50.00' portion of the hatched area, 27 described as "Indicates Portion Of Alley To Be Closed (1125 28 sq. ft./0.026 acres)", adjacent to Lot 21, in Block 18, Croatan 2g Beach, said lot also identified as "C" and "607", as shown on 30 that certain plat entitled: "PLAT SHOWING PORTION OF 31 15' ALLEY ADJACENT TO LOTS 19, 20 & 21, BLOCK 18 32 CROATAN BEACH M.B. 24 P. 37 TO BE CLOSED 33 VIRGINIA BEACH, VIRGINIA" Scale: 1" = 50', dated 34 AUGUST 30, 2010, prepared by Gallup Surveyors & 35 Engineers, LTD., a copy of which is attached hereto as 36 Exhibit A. 37 38 39 40 41 42 43 44 GPIN:2426-38-4903-0000 1 45 SECTION II 46 47 The following conditions must be met on or before one (1) year from City 48 Council's adoption of this ordinance: 49 50 1. The City Attorney's Office will make the final determination regarding 51 ownership of the underlying fee. The purchase price to be paid to the City shall be 52 determined according to the "Policy Regarding Purchase of City's Interest in Streets 53 Pursuant to Street Closures," approved by City Council. Copies of said policy are 54 available in the Planning Department. 55 56 2. The applicant shall resubdivide the property and vacate internal lot 57 lines to incorporate the closed area into the adjoining parcel. The resubdivision plat 58 must be submitted and approved for recordation prior to final street closure approval. 59 Said plat must include the dedication of a drainage easement over the closed portion of 60 the alley to the City of Virginia Beach, subject to the approval of the Department of 61 Public Works and the City Attorney's office, which easement shall include a right of 62 reasonable ingress and egress. 63 64 3. The applicant shall verify that no private utilities exist within the right-of- 65 way proposed for closure. Preliminary comments from the utility companies indicate 66 that there are no private utilities within the right-of-way proposed for closure. If private 67 utilities do exist, the applicant shall provide easements satisfactory to the utility 68 companies. 69 70 4. Closure of the right-of-way shall be contingent upon compliance with 71 the above stated conditions within one (1) year of approval by City Council. If all 72 conditions noted above are not in compliance and the final plat is not approved within 73 one (1) year of the City Council vote to close the street, this approval will be considered 74 null and void. 75 7g SECTION III 77 78 1. If the preceding conditions are not fulfilled on or before February 21, 79 2012, this Ordinance will be deemed null and void without further action by the City 80 Council. 81 82 2. If all conditions are met on or before February 21, 2012, the date of 83 final closure is the date the street closure ordinance is recorded by the City Attorney. 84 85 3. In the event the City of Virginia Beach has any interest in the 86 underlying fee, the City Manager or his designee is authorized to execute whatever 87 documents, if any, that may be requested to convey such interest, provided said 88 documents are approved by the City Attorney's Office. a 89 gp SECTION IV 91 92 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 93 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 94 OF VIRGINIA BEACH as "Grantor" and JOHN J. ROSS and SUSAN W. ROSS, as 95 "Grantee." 96 g7 Adopted by the Council of the City of Virginia Beach, Virginia, on this 98 22na day of F_~La_r~ , 2011. CA11661 R-1 February 4, 2011 APPRO ED A T CONTENT: t ; t ' ~ . _ ............................. v/ Planning'~CJepartment APPROV~ AS TO LEGAL SUFFICIE CY: P~C~~~~~ City Attorney 3 ~ H H ~ H ~ ~ '(yC A~~A~ OGEA~ C A~ o~ a ~ o Q 5 p,ll~`N~ 4 ~' ,~ `1 U c°~ ~pN~~R ~~ A~ a J ~ a r ~~ Rf DE A ~ tn m U ~ Q~- Z j ° M ~ p c~ ~ b0 ~~~Q b~Nl~ y N Q ~ w C9 c~ ~ a ~~~t ~ y~ ~° ~ i-il Z u. ~- ~ ~ W ~~ ~ ~ 0 a Z z ~ ~ JZ~S~ ~ p J z ~ N 'Z n: J V U a QW~=~ ~ o ~ F¢ ° N w m cnu~iav~i w m~ ~~ Qa~ ~ ~~ ~ mma ~ Z o~ W'~ 8 ~`~b ~ J a ~ Q ~ ~ o z ~ M ~ a z `- ~ 5~ c^ 5 b d ' ~ W r ~ ti ~ o U w '~ J Q ~ N Q a ~1rtIA ¢ a o d~ O Q 4 O Z ~ e~ \ ~. ' fi," a . p p ~~ d~ d ~ ~ ~ ~ ~ ~~ m ~ ~~, ~o~ CROATAN ROAD (50' R/W) (CAROl1NA AVE. - M.B. 24 P. 3)) ~ d ~ O ~ ~ M fp0~ M ~ ~ Z~ N ~ j~ g O ~ N N ~~ N ~ m N ~i ` ~ `~ (pao~),05'LOl 3 .5b 54.5'B N (Y _ ~ ^, ~ 7.50' ,~0'001 0 a' • y ( ~ V ~ ~ + ~ °' ~~~ ol U ~ ~~~~W ~ ~ c~' O~ry W U Q ~ N ~ ~ `r~ Q ~,L~ m ~ ~ ~" N ~1 (p~o}),05'LOl 3 .S4,Sti.58 N ~ N p ~ ~ ~ - 'L ,00'OOI ~ o ~-~ W ~ Z Y M a °D ~'' ' ^ m ~ oz~ ~`~~ ~' ~"' ~ O oo~ (~ ~ ~; J v'~.. J m ~ ° ~' a°fo ~Q.~~ S ac c~ ~ uQi w ~ 4" ~ Q~ ~. y ~ G1 N ~ °R N ~ (Wa°1),OS'LOl 3.S~,S>.SB N r C V ~ od ~ ~n Z r Q ~ M H ,Q5'L ,00'OOt O~f N ~ y ov o ~x ~ Q ~ ~ g ~ ~ o O~ ,/~r/ i~ ^ N ~ p ~A~ 1 `~~~ ~/~ p W lt') N i~ a cn ° ~ (~ m ~ -- ,o~~c ~ a .oo~oo~ N ~+`• J ~ • Z ~ ~ g ~ ~ (p~~~).oS't0~ M,S~,S~.SS s m O L U m ° o "' ~ a "' ~0. ° W ~ ~ .~ 0. ~ C ~ O ' Z ~ ~ ~ ~ m N ,~N --m ~ ~o ~~ ~ ~ s~ ~ N ~ w ~ ++ ' o ~ ~ }~ ~ ry Z ~ i & ~, ~o~ ~ a ~s~ ~ ~ ~N 3 a ~~ ~ ~ ~ a mU ~ i 0 % ~ ORDINANCE APPROVING APPLICATION OF PAUL 2 A. FILION FOR THE CLOSURE OF A PORTION OF 3 THE UNIMPROVED, UNNAMED ALLEY ADJACENT 4 TO LOT 19, BLOCK 18, 611 VANDERBILT AVENUE 5 IN CROATAN 6 7 WHEREAS, Paul A. Fition (the "Applicant") applied to the Council of the 8 City of Virginia Beach, Virginia, to have the hereinafter described alley discontinued, 9 closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said alley be 12 discontinued, closed, and vacated, subject to certain conditions having been met on or 13 before one (1) year from City Council's adoption of this Ordinance; 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 16 Virginia Beach, Virginia: 17 ~ g SECTION I 19 20 That the hereinafter described alley be discontinued, closed and vacated, 21 subject to certain conditions being met on or before one (1) year from City Council's 22 adoption of this ordinance: 23 24 All that certain piece or parcel of land situate, lying and being 25 in the City of Virginia Beach, Virginia, designated and 26 described as the 7.50' X 50.00' portion of the hatched area, 27 described as "Indicates Portion Of Alley To Be Closed (1125 28 sq. ft./0.026 acres)", adjacent to Lot 19, in Block 18, Croatan 2g Beach, said lot also identified as "A" and "611 ", as shown on 30 that certain plat entitled: "PLAT SHOWING PORTION OF 31 15' ALLEY ADJACENT TO LOTS 19, 20 & 21, BLOCK 18 32 CROATAN BEACH M.B. 24 P. 37 TO BE CLOSED 33 VIRGINIA BEACH, VIRGINIA" Scale: 1" = 50', dated 34 AUGUST 30, 2010, prepared by Gatlup Surveyors & 35 Engineers, LTD., a copy of which is attached hereto as 36 Exhibit A. 37 38 39 40 41 42 43 44 GPIN:2426-38-3894-0000 i 45 SECTION II 46 47 The following conditions must be met on or before one (1) year from City 48 Council's adoption of this ordinance: 49 50 1. The City Attorney's Office will make the final determination regarding 51 ownership of the underlying fee. The purchase price to be paid to the City shall be 52 determined according to the "Policy Regarding Purchase of City's Interest in Streets 53 Pursuant to Street Closures," approved by City Council. Copies of said policy are 54 available in the Planning Department. 55 56 2. The applicant shall resubdivide the property and vacate internal lot 57 lines to incorporate the closed area into the adjoining parcel. The resubdivision plat 58 must be submitted and approved for recordation prior to final street closure approval. 59 Said plat must include the dedication of a drainage easement over the closed portion of 60 the alley to the City of Virginia Beach, subject to the approval of the Department of 61 Public Works and the City Attorney's office, which easement shall include a right of 62 reasonable ingress and egress. 63 64 3. The applicant shall verify that no private utilities exist within the right-of- 65 way proposed for closure. Preliminary comments from the utility companies indicate 66 that there are no private utilities within the right-of-way proposed for closure. If private 67 utilities do exist, the applicant shall provide easements satisfactory to the utility 68 companies. 69 70 4. Closure of the right-of-way shall be contingent upon compliance with 71 the above stated conditions within one (1) year of approval by City Council. If all 72 conditions noted above are not in compliance and the final plat is not approved within 73 one (1) year of the City Council vote to close the street, this approval will be considered 74 null and void. 75 76 SECTION III 77 78 1. If the preceding conditions are not fulfilled on or before February 21, 79 2012, this Ordinance will be deemed null and void without further action by the City 80 Council. 81 g2 2. If all conditions are met on or before February 21, 2012, the date of 83 final closure is the date the street closure ordinance is recorded by the City Attorney. 84 85 3. In the event the City of Virginia Beach has any interest in the 86 underlying fee, the City Manager or his designee is authorized to execute whatever 87 documents, if any, that may be requested to convey such interest, provided said 88 documents are approved by the City Attorney's Office. a 89 gp SECTION IV 91 92 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 93 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 94 OF VIRGINIA BEACH as "Grantor" and PAUL A. FILION, as "Grantee." 95 96 Adopted by the Council of the City of Virginia Beach, Virginia, on this 97 22nd day of February , 2011. CA11663 R-1 February 4, 2011 APPROVED AS TO CONTENT: ~/l City Attorney 3 APPROVED AS TO LEGAL SUFFICIENCY: ~ H H ~ H x >C Lz ATLAx~C O~AN P`~ 5 p,Sl-0'N~~cr ~ yadd b/Nl~ ~ ~H ~° ~" z N Fa 0 U ~ a~ U ~ ~ N O ~ ~ J ~ Q ~ ~ N O ~ N Ov ~ o°w ao ~ U Um 0 O Z ~ ~ w ~~. J a ~ N Q ~ 0 F ~ o U N T ~ J~ M m V N Q a~ ~ ~ C9 ~ (L~ Q C9 N ~ a ~ ~ O W o ~ " O p Z J N i a J V (/~Fa ° Q ~ roWm Q a Ln a ~ F - ~ ~Q ID m Q ~ z 00 E' °~o n ~ ~ S ~ WU ~ ~ Q ~ Q U N ~ Q - - - C TAN ROAD {50' R/W) (CAROLlNA AVE. - 11.B. 24 P. 37) a oo~ a "~ O N ~ ~Z~~ z°5~ ~ .~1 O U+-~-~ n ~Nw~ ~~m~ O~Q > M Z ~M~ ~~ 5 r ~ Q ~ p ~\~0~~ ".G` . Z p~p t~ OG a ~~ ~ ~ ~ ~~~ m ~~ °~o ~ ~ M1 ~ M 1p0~ M ~ ~ M N ~ Z ~ g d ~ N ppp~pppy N N~ j' t0 p p ~ N m ~ ' N ~ N ` ~ ~ `~ (Wa~a),OS'LOl 3 a5b 54.5'B N (~ ' 7.50' ,00'OOt o _ V ~ rn ~ ' ~ ~ ° ~~1~°~ ~ g ' o ~ N ~„~ ol ~/ ~ ~ (~ c ~ Q ~ N N ~ `/ ~ m ~ Y. , N (wao~),oS'[o~ 3 .Sa,s~.ss N y _ r '- 'L ,o0'OOt ~ a ov '" '' ~ r°~~ ~ ~ ° ~ ~ M Z~ ~ O1 ~~i ~ j~ /A 4 ~Y O ~ n Q m ~ w m 4 rn N ~j1 ap ~ ~iL ~n 'T~ W . 2 ,d, ~ ~ ~ ~ N (~°a°1),05'LOl 3 .S~,S~.SB N ~ ~ N '~ m Q n ~ v .~~~ ~OQ'OQt ~ N ~ Q ~ ~ ~ r /~' L~ ^ N ~ ~I i `~~ C.7 ~ ~/~ W lf'f U m `° ~ ~ ~ ~ _ 5 A5'L .~ ~~ `~ ..J ~ M ~ (I~#~l ,OS'LOl M ,S~,S4.S8 S ~ ~ ~ ~~ ~ M O~O N c0 ~ N ~ ~ N N ~ m ~ ~ ~ x Oy~y v ~ d Z~ y N U' ~ W ~ m ~ Gt ~~ ~ ~ G7 ~~~ ~ N a ~~~ > ~ N _ ~ z~ 0 L ~ = O O _ ~ ii Y~j Q ~ I ~~ ~ a ~~ Y V~ a mU ~ ; ~ ~ ~ ~ ~ ~ ~ 0 % .'~ -56- Item K.2. PLANNING ITEM # 60682 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, an Ordinance upon Application of CHURCH OF CHRIST/EMMANUEL E. HENRY for a Conditional Use Permit re a religious use (church) at 404 South Parliament Drive, Suites 101 and 102 (GPIN # 1466592346). DISTRICT 2 - KEMPSVILLE, BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CHURCH OF CHRIST/EMMANUEL E. HENRY for a Conditional Use Permit re a religious use (church) at 404 South Parliament Drive, Suites 101 and 102 (GPIN# 1466592346). DISTRICT 2 - KEMPSVILLE R021137458 The following conditions shall be required.• 1. There shall be no more than twenry (20) individuals, or the number of individuals approved by the Building and Fire Marshall, whichever is less, attending any one (1) given service. 2. Weekday services shall operate betrveen 6:30 P.M. and 12: 00 Midnight. 3. No services shall be permitted on Saturday between 6: 00 A.M. and 6.•30 P.M. 4. 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~or the change of use from the Building O~cial within ninery (90) days of approval of this Use Permit. 5. This Conditional Use Permit is valid for three (3) years from the date of adoption by 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-second day of February, Two Thousand Eleven Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, 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.• Harry E. Diezel February 22, 2011 -57- Item K.3. PLANNING ITEM # 60683 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance, BY CONSENT, upon Application of FAITH FOR DELIVERANCE/EMMANUEL E. HENRY for a Conditional Use Permit re a religious use (church) at 404 South Parliament Drive, Suite 203. (GPIN #1466592346). DISTRICT 2 - KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of FAITH FOR DELIVERANCE/EMMANUEL E. HENRY for a Conditional Use Permit re a religious use (church) at 404 South Parliament Drive, Suite 203. (GPIN #1466592346). DISTRICT 2 - KEMPSVILLE R021137459 The following conditions shall be required: 1. There shall be no more than ten (10) individuals, or the number of individuals approved by the Building and Fire Marshal, whichever is less, attending any one (1) given service. 2. Weekday services shall operate between 6: 30 P.M. and 12: 00 Midnight. 3. No services shall be permitted on Saturday between 6: 00 A.M. and 6: 30 P.M. 4. 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 within ninety (90) days of approval of this Use Permit. S. This Conditional Use Permit is valid for three (3) years from the date of adoption by 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-second day of February, Two Thousand Eleven Voting.~ 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. `Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and .Iames L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel February 22, 2011 -58- Item K.4. PLANNING ITEM # 60684 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT an Ordinance upon application of TIDEWATER SEVENTH-DAY ADVENTIST CHURCH/EMMANUEL E. HENRY for a Conditional Use Permit re a religious use (church) at 404 South Parliament Drive, Suites 201 and 202. (GPIN 1466592346). DISTRICT 2 - KEMPSVILLE, BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of TIDEWATER SEVENTH-DAY ADVENTIST CHURCH/EMMANUEL E. HENRY for a Conditional Use Permit re a religious use (church) at 404 South Parliament Drive, Suites 201 and 202. (GPIN 1466592346). DISTRICT 2 - KEMPSVILLE R021137460 1. There shall be no more than forry-five (45) individuals, or the number of individuals approved by the Building and Fire Marshal, whichever is less, attending any one (1) given service. 2. The applicant shall obtain and maintain written permission to use a minimum of eight (8) off-site parking spaces from adjacent properties. Said written permission must be submitted to the Planning Department/Current Planning Division within thirty (30) days from the date of approval by Ciry Council. 3. Weekday services shall operate between 6:30 P.M. and 12: 00 Midnight. 4. 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 within ninety (90) days of approval of this Use Permit. S. This Conditional Use Permit is valid for three (3) years from the date of adoption by Virginia Beach City Council. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the Ciry Council of the Ciry of Virginia Beach, Virginia, on the Twenty-second day of February, Two Thousand Eleven February 22, 2011 -59- Item K 4. PLANNING ITEM # 60684 (Continued) Voting.• 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. `Bill " DeSteph, 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: Harry E. Diezel February 22, 2011 -60- Item K. S. PLANNING ITEM # 60685 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED for 60 DAYS (APRIL 26, 2011), BYCONSENT: Ordinance to AMEND Sections 203 and 236 of the City Zoning Ordinance (CZO) re off-street parking requirements. Voting: 10-0 (By Consent) Council Mernbers Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, 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.• Harry E. Diezel February 22, 2011 -61- Item K. 6. PLANNING ITEM # 60686 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED for 60 DAYS (APRIL 26, 2011), BY CONSENT: Ordinance to AMEND the City's Landscaping Guide by inclusion of amendments re bicycle parking and permeable paving system Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. `Bill" DeSteph, 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: Harry E. Diezel February 22, 2011 -62- Item L.1. APPOINTMENTS ITEM # 60687 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BOARD OF ZONING APPEALS ENERGYADVISORY COMMITTEE LOCAL FINANCE BOARD TIDEWATER YOUTH SERVICES COMMISSION February 22, 2011 -63- Item L.2. APPOINTMENTS ITEM # 60688 Mayor Sessoms APPOINTED: Vice Mayor Louis Jones Councilman Glenn R. Davis City Counci[ Liaisons re City Council Redistricting February 22, 2011 -64- Item L.3. APPOINTMENTS ITEM # 60689 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Vicky Gray Susan D. Hellstrom Linda L. Lilley Mary Redd Nelson Leonard A. Troxell, Jr. 3 year term, 04/01/2011- 03/3I/2014 AND, APPOINTED: Conchita Rono Ana Mascarinas 3 year term, 04/01/2011- 03/31/2014 HEALTH SERVICES ADVISORY BOARD AND, APPOINTED: Ronald Louis Carter James Elden Parke 3 year term, 04/01/2011- 03/31/2014 HUMAN RIGHTS COMMISSION Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, 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: Harry E. Diezel February 22, 2011 -65- Item L.4. APPOINTMENTS ITEM # 60690 Upon NOMINATION by Vice Mayor Jones, Ciry Council APPOINTED: Kevin Chee High School Junior, Kempsville High School 2 year term, 09/01/2010 - 06/30/2012 PUBLIC LIBRARY BOARD Voting.• 10-0 Council Members VotingAye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, 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: Harry E. Diezel February 22, 2011 -66- Item L. S. APPOINTMENTS ITEM # 60691 Upon NOMINATION by Vice Mayor Jones, Ciry Council APPOINTED: Cecil Stanley Burgett, Vice President, CCO 3 year term, Ol/Ol/2011-12/31/2013 RESORT ADVISORY COMMISSION Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, 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: Harry E. Diezel February 22, 2011 - 67 - Item L. 6. APPOINTMENTS ITEM # 60692 Upon NOMINATION by Vice Mayor Jones, Ciry Council APPOINTED: Kimberly Shepherd Unexpired term thru 08/31/2012 REVIEW and ALLOCATION COMMITTEE Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. `Bill " DeSteph, 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: Harry E. Diezel February 22, 2011 -68- Item L. 7. APPOINTMENTS ITEM # 60693 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Councilman Glenn R. Davis 1 year term, 04/01/2011- 03/31/2012 THE PLANNING COUNCIL Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, 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.• Harry E. Diezel February 22, 2011 -69- Items P. ADJOURNMENT ITEM # 60694 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6: 09 P.M. ___~~____~~-- __~_~__. X~~~l~ Beverly O. Hooks, CMC Chief Depury City Clerk -- - ~~ uzh Hodges Fraser, MMC Ciry Clerk Ciry of Virginia Beach Virginia -- -~~ - ----- - ~ William D. Sessoms, Jr. Mayor February 22, 2011