The URL can be used to link to this page

JUNE 14, 2011 MINUTESCITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE. MAYOR LOUIS R. JONES, Bayside - District d R17A SWL71IT BELLI7 ZO, At -large GLENN R. DA VIS, Rose Hall - District 3 WILLIAM R. DeS77sPH, At -Large HARRY E. DIEZE'L. Kempsville - District 2 ROBERTA4 DYER, Centerville - District l BARBARA M. HENLEY, Princess Anne District 7 JOHN L: UHRIN, Beach District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITYA77ORNEY MARKD. STILES CITY ASSESSOR -- JERALD D. BANAGAN CITY AUDITOR-1.YNDON S. RF.MIAS CITY CLERK - RU7 H HODGES FRASER, MMC 1. II. IV CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL BRIEFING CITY COUNCIL AGENDA 14 JUNE 2011 - Conference Room - CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (75 7) 385-5669 E-MAIL: Ctycncl@vbgov.com 1. RESORT AREA COMMISSION and SUBCOMMITTEES — Organizational Structure Preston Midgett, RAC Chair and Subcommittee Chairs CITY COUNCIL LIAISON REPORTS CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 3:00 PM 3:45 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Clarence McPherson, Pastor Turning Point Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA H. CONSENT AGENDA I. PRESENTATION 1. City of Virginia Beach State Parks 75th Anniversary J. PUBLIC HEARING 1. SALE OF EXCESS PROPERTY John B. Dey Elementary School K. ORDINANCES/RESOLUTIONS MAY 24, 2011 1. Resolution to AUTHORIZE the sale, of $90,000,000 in a series of General Obligation Public Improvement Bonds, on June 22, 2011, (approved $62,900,000 by City Council May 12, 2009, and $68,180,000 May 11, 2010) 2. Resolution to REQUEST the Beaches and Waterways Advisory Commission study Dredge Spoils Removal and Transfer Stations with a report to City Council by December 2011 3. Resolution to RESUME preparation of a "Rolling" Biennial Budget beginning with the FY2012-13 Budget process 4. Resolution to AUTHORIZE the 2012 Employee and Retiree Health Care Insurance Plans which require no premium or contribution increases 5. Ordinance to DECLARE the former Pump Station site at John B. Dey Elementary School to be EXCESS and AUTHORIZE the City Manager to EXECUTE the necessary documents to convey it to the Virginia Beach School Board 6. Ordinances to: a. AUTHORIZE and DIRECT the execution of "Addendum A" to the 2009 Intergovernmental Agreement with the Virginia Department of Agriculture and Consumer Services re additional funding of $54,247.38 to purchase ARP easements b. ACCEPT and APPROPRIATE an additional $54,247 to reimburse the ARP Special Revenue fund in connection with acquisition of the Truman D. Baxter, Jr. property at 3457 Land of Promise Road (DISTRICT 7 — PRINCESS ANNE) 7. Ordinance to AUTHORIZE the City Manager to execute a non-binding Term Sheet with the YMCA of South Hampton Roads re a Family Center and 50 -meter Competition Pool at Dam Neck and Landstown Roads Ordinance to APPROPRIATE an interest-free loan in the amount of $60,000 to the Kempsville Volunteer Rescue Squad re a replacement ambulance 9. Ordinance to AUTHORIZE acquisition of property for rights-of-way and permanent drainage easements, either by agreement or condemnation, for BEACH GARDEN PARK — KILBOURNE COURT/HOLLY ROAD (deferred May 24, 2011) 10. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: a. TIMOTHY D. MOODY to maintain an existing fountain, construct and maintain an irrigation line, sliding gate with keypad and landscape lighting conduit at Croatan Road and Virginia Dare Drive (DISTRICT 6 — BEACH) b. DENZIL and SUSAN POORE to maintain an existing bulkhead, boatlift and wood deck; and construct and maintain a floating dock at 2313 Leeward Shore Drive (DISTRICT 5 — LYNNHAVEN) c. E.L. CREECH, III to maintain an existing wood fence, shrubs and a timber planting bed at 103 50th Street (DISTRICT 5 — LYNNHAVEN) d. ROTB, L.C. to erect and maintain overhead light strings at 615 Atlantic Avenue (DISTRICT 6 — BEACH) 11. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $75,000 to the Clerk of the Circuit Court's FY 2010-11 and FY 2011-12 Budgets to fund the Court's electronic recording system maintenance contract b. $152,000 from the Department of Criminal Justice to the Police for equipment to prevent and respond to potential terrorist acts c. $126,230 within CIP accounts for the Fire Training Center improvements, Phase III d. $13,000 from the FY2010-11 Public Libraries for renovations to the Leroy Drive Records Storage facility L. PLANNING 1. Applications of OCEAN BREEZE HOLDINGS LLC at 849 General Booth Boulevard (DISTRICT 6 — BEACH) a. Conditional Change of Zoning from P-1 Preservation to Conditional B-2 Community Business b. Conditional Use Permit re outdoor water park RECOMMENDATION APPROVAL 2. Application of EASY DOES IT RIDING ACADEMY, INC./MALINDA SCOTT for a Conditional Use Permit re a riding academy and horse boarding at 3581 Muddy Creek Road (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION APPROVAL 3. Application of CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance (CZO) Sections 103 and 106 re notice to property owners of certain decisions RECOMMENDATION M. APPOINTMENTS ARTS and HUMANITIES COMMISSION BAYFRONT ADVISORY COMMITTEE BEACHES and WATERWAYS COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE CHESAPEAKE BAY ALCOHOL SAFETY ACTIONS PROGRAM COMMUNITY SERVICES BOARD EASTERN VIRGINIA MEDICAL SCHOOL HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORICAL REVIEW BOARD APPROVAL HUMAN RIGHTS COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE TIDEWATER COMMUNITY COLLEGE BOARD TRANSPOiRTATION DISTRICT COMMISSION OF HAMPTON ROADS TOWING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 NATIONAL NIGHT OUT OCTOBER 4, 2011 -1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 14, 2011 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL BRIEFING re the RESORT AREA COMMISION and SUBCOMMITTEES in the City Council Conference Room, Tuesday, June 14, 2011, at 3: 00 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: William R. "Bill " DeSteph [Out of the Country on business June 6 — 22, 2011] Rosemary Wilson [Family Holiday in Portugal June 9 —19, 2011] June 14, 2011 -2 - CITY COUNCIL BRIEFING RESORT AREA COMMISSION and SUBCOMMITTEES ITEM # 60976 3:00 P.M. Preston Midgett, Chair, Resort Area Commission — RAC, advised Councilman Uhrin suggested the RAC make a formal presentation to City Council in order to acquaint them with the members and their successes. Copies of the presentation were distributed Chairman Midgett advised RAC has reviewed the Virginia Beach City Council's Goals. The fifth Goal has become apart of their Mission Statement: 5. Be a competitive, First -Class Resort for residents, businesses and tourists. On April 2, 1984, City Council ADOPTED a Resolution which established and appointed the Resort Area Advisory Commission (RAAC), the general purpose which was to make recommendations and proposals to City Council regarding the enhancements of the Resort Area. Over the past two decades, the Commission has provided service to the City in the areas of urban planning, land use, design and transportation. During their initial term, they created a vision and supported the implementation of Resort streetscape improvements. The Resort Area Advisory Commission (RAAC), conceived the Tourism Growth Investment Fund (TGIF) which has provided a source of funding for Resort projects, such as the continuation of the Resort streetscape project Resort area parking improvements, the Virginia Aquarium, the Hurricane Protection Project, and the City's share of the TPC Golf Course. Volunteers, serving on the RAC and its six subcommittees, contributed over 580 Volunteer hours of their time in 2010. Ken Taylor, Chair, introduced the Resort Investment Committee, Billy Almond, Kenneth C. Taylor Chuck Cayton James Davis Laura Habr Sylvia Nery-Strickland Gerrie West *unable to be in attendance * *— substituting for Sylvia Nery-Strickland Chair — Planning Design Review Committee, Chair- Resort Investment Committee Transportation Parking Pedestrian Committee Chair — Oceanfront Enhancement Committee Chair — G.R.E.E.N Committee Chair —Communications Committee* Vice Chair * * Kenneth C. Taylor, Chair- Resort Investment Committee, which functions basically as the Executive Committee for the Resort Advisory Commission. This Committee works in conjunction with the Resort Community to idents projects for development and investment. Future funding sources are identified to "get projects off the ground", while building consensus for the projects in the Resort Community, monitoring the sustainability of these projects and funding sources to ensure continuance of improvement and development in the Resort. June 14. 2011 -3 - CITY COUNCIL BRIEFING RESORT AREA COMMISSION and SUBCOMMITTEES ITEM # 60976 (Continued) The Resort Investment Committee is comprised of the Committee Chairs of all Resort Area Commission's Subcommittees, City Staff and Councilman John Uhrin. Councilman Uhrin attends every monthly Subcommittee Meeting of the RAC. Billy Almond, Chair — Planning Design Review Committee, advised the Mission: The Mission of the Resort Advisory Commission's Planning and Design Review Sub -committee is to improve the quality of design and development of the built environment for the beach community, in service to the Resort Advisory Commission and the citizens of Virginia Beach Planning Design Review Committee (PDRC) Planning Design Review Committee (PDRC) Inno 14 N)71 -4 - CITY COUNCIL BRIEFING RESORT AREA COMMISSION and SUBCOMMITTEES ITEM # 60976 (Continued) Planning Design Review Committee (PDRC) Mr. Almond advised the Planning Design Review Committee Members are the "protectors " of public open space at the Resort: Boardwalk greenbelt, connector parks, Atlantic Avenue streetscape. What we have reviewed this year: June 14, 2011 -5 - CITY COUNCIL BRIEFING RESORT AREA COMMISSION and SUBCOMMITTEES ITEM # 60976 (Continued) Where we would like to be: 1. PDRC wishes to continue to advise on design issues for all commercial, municipal, multi- family Resort area projects 2. PDRC wishes to be considered as a fundamental step in economic development projects at the Resort 3. PDRC wishes to become the Liaison with the Resort community regarding the RSAC and Form Base Codes 4. PDRC wishes to continue as the "gatekeepers"for the Outdoor Cafe Program Mr. Almond advised in order to be effective, the Committee needs to be "kept in the loop ". Chuck Cayton, Transportation Parking Pedestrian Committee, advised: The mission of the TPPC is to evaluate and provide recommendations on the operations and development of facilities and programs that improve the transportation, parking and pedestrian systems in the Resort Area for visitors, residents and businesses. The TPPC will also act as a sounding board for private and public initiatives and work to achieve consensus before making recommendations to the RAC on any issues. Transportation Parking Pedestrian Committee (TPPC) June 14, 2011 WIIE CITY COUNCIL BRIEFING RESORT AREA COMMISSION and SUBCOMMITTEES ITEM # 60976 (Continued) Transportation Parking Pedestrian Committee (TPPC) Accomplishments 2010 1. Provided input on Resort Area safety improvements Signalization Upgrades to Pedestrian Signs LED Street/Parking Lot Lights 2. Participate in HRT Service in the Resort Area 3. Participated on Laskin Road Gateway CAC 4. Participated Resort Area Strategic Action Plan elements S. Participated in Virginia Beach Transit Extension Study James Davis, Chair — Oceanfront Enhancement Committee advised "The mission of the Oceanfront Enhancement Committee is to propose to RAC new ideas and perspectives that foster the continued ongoing, positive transformation of the Resort for locals and visitors. To that end, we agree that both creating and managing first-class events, programs, and aesthetics have been and will be successful at promoting a secure, inviting, festive, economically vibrant and inclusive atmosphere. Oceanfront Enhancement Committee (OEC) June 14, 2011 -7 - CITY COUNCIL BRIEFING RESORT AREA COMMISSION and SUBCOMMITTEES ITEM # 60976 (Continued) Passed Issues Addressed. 1. The impact of late night activity on neighborhoods inclose proximity tonight entertainment from 15'h to 260 Streets 2. Socially inappropriate behavior of youth and its negative impact on the family friendly environment at the Oceanfront 3. The behavior of some homeless individuals whose actions negatively impact businesses at the 16`" St. Pier and on the Boardwalk near 17"h St 4. Aggressive panhandling and other anti -social behaviors of certain homeless individuals that impact the visitor experience S. Creating a "sense of arrival' to better prepare visitors for their fun experience at the Resort Laura Habr, Chair — G.R.E.E.N Committee, (Green Resort Eco f iendly Efficient Neighbors) advised - To To foster GREEN and sustainable initiatives in all aspects of Virginia Beach tourism and hospitality as we continue to thrive as a certified Virginia Green Destination for leisure and convention travelers. G.R.E.E.N. Vrgmia Beach Green Team Members June 14, 2011 CITY COUNCIL BRIEFING RESORT AREA COMMISSION and SUBCOMMITTEES ITEM # 60976 (Continued) What we do: • Promote and recruit Virginia Green restaurants, hotels, events, attractions and hospitality partners. The binding core activity is recycling • Recycling request for a comprehensive year-round recycling program in the Resort • Public relations — positive publicity within THE hospitality industry, the VBCC the first Gold LEED E.B. facility, certified Virginia Green partner, promote VA Aquarium's Sensible Seafood program with restaurants • Communication - educating industry and consumers about Hospitality Sustainability Forum 2011 held at the VBCC, displaying VA Green decals • Advocacy —promoting renewable energy • Projects — Recycling in the Resort, Public Swimming Pool Code — reducing energy for hotel pools and condos; Restaurant Composting Pilot Program partnered with Virginia Aquarium and Virginia Green partners made possible through an EPA grant; Explored Rickshaw/pedi- cab service in the resort, Go Green Challenge for all RAC committees to utilize their talents and contacts to do one green thing in their committee. All events that get cityfunds are required to be Virginia Green -recycling required Progress • In 2008, Virginia Beach's hospitality industry became the first Virginia Green Destination in the Commonwealth with 30 Green business partners —a Commending Resolution was presented to the Virginia Beach Green team, currently RAC G.R.E.E.N. Committee • Today, Virginia Beach has 118 Virginia Green businesses, including the Virginia Beach Convention Center • Commonwealth of Virginia has 925 Virginia Green businesses • Beach Waste Audits 2010 June 14, 2011 CITY COUNCIL BRIEFING RESORT AREA COMMISSION and SUBCOMMITTEES ITEM # 60976 (Continued) A Resort Success Story • Old Beach Farmers Market all -volunteer -based launched in Croc's parking lot 19'h St. May 2008 as Virginia Green event • 2010 record number of locals and visitors every Saturday May -September with Fall and Holiday markets • 2011 marks 4'h season • Over 7,500 email, Facebook and Twitter followers • Over 2 dozen farmers, watermen, restaurants and vendors from our local food and water shed within a 150 mile radius of Virginia Beach Gerrie West, Vice Chair, Resort Communications Committee, substituted for Sylvia Nery-Strickland Chair, who was unable to attend. Mission Statement To assist the Resort Advisory Committee in building support for its strategic planning initiatives and communicating positive economic impact of tourism to the local community. Members Sylvia Nery-Strickland, Community Activist, US Govt. RET, Artist/ Designer, Former Mediator Michael Cloud -Butler, Community Activist, Artist, Master Carpenter, Actor Kay Gault, Civic League (leave of absence) Luis Rivera, Community Activist, Keller William Real Estate, Former Television Reporter Preston Midgett, Jungle Golf Courtney Mann, Social Media and Online Analyst at Vivre Medical, Inc. Cheri and Lance Shores, Owners of Citrus Restaurant CITY STAFF Pain Lingle, Convention and Visitors Bureau Mike Eason, SGA/Resort Management Amy Persons, SGA/Resort Management/Recorder Accomplishments A link was placed on the vbgov.com home page which takes the website visitor directly to an interactive list of all Resort Area projects Twelve Resort Area projects are listed on the Projects home page. Each project has its own page with the project manager contact information The Committee consulted on the Gift of Tourism project and reviewed the final presentation The Commission's goal shall be to support the City Council's efforts to realize its vision of Virginia Beach as a "Quality Resort Destination " June 14, 2011 -10 - CITY COUNCIL LIAISON REPORTS 3:26 P.M. ITEM # 60977 Councilman Dyer, expressed appreciation to the Clean Community Commission. Two weeks ago, June Fourth, at Great Neck Park, a Picnic was held in recognition of Clean the Bay Day 2011 dedicated Volunteers (Noon — 3:00 P.M.). Mayor Sessoms spoke as did Sandy Bodenhamer, Staff to Senator Mark Warner ( who presented a letter from the Senator). ITEM # 60978 At vear's end, Councilman Diezel will present a financial report for operation of the City's Golf Courses. ITEM # 60979 Councilman Davis, advised last week, the Minority Business Council Retreat was conducted on June 10, 2011, at the Virginia Beach Convention Center. This was a great Retreat and very well attended. Councilman Davis expressed appreciation to Delegate Ron Villanueva for his assistance re adoption of laws concerning construction project bonds by contractors. June 14, 2011 -11 - CITY COUNCIL COMMENTS 3:28 P.M. ITEM # 60980 Council Lady Henley advised yesterday, June 13, 2011, the Senior Resource Center hosted a presentation by Ginny Riddick, Manager of the Medical Needs Registry, a project by the HRPDC (Hampton Roads Planning District Commission). This Registry is an emergency preparedness tool. This is voluntary, but this tool can be utilized for any type of emergency requiring evacuation or requiring additional information concerning an individual Even though this Registry is managed as a regional Registry, each local emergency service is able to contact the individual who has these special needs. Council Lady Henley advised she attended the exercise last week with the new shelter, which will address special needs of those of all ages. A great website has been established: www. hrspecialneeds.orQ ITEM # 60981 Council Lady Bellitto advised this was her last meeting and last chance to make comments. Council Lady Bellitto read her letter to City Council: "June 14, 2011 Honorable Mayor City Council Members Dear Colleagues: There is much business that I will leave unfinished as I depart in a few days. However, there is one action that I strongly suggest you consider in the coming weeks. When I was appointed by you to Council last year, 1 had hoped to assist in improving relations between our City Council and our School Board. Unfortunately, those relations have deteriorated even further over the last eighteen months. I believe that the closing out of the current fiscal year's finances offers an opportunity for this Council to make a gesture of conciliation that would be well received by our School Board. The current fiscal year is expected to close with unexpended funds on the City's side in the neighborhood of $20 -Million. I am suggesting that Council appropriate an amount on the order of $S -Million from those funds to the School's CIP. This could be a welcomed step as the two bodies begin the Summer's discussions regarding the School's revenue sharing formula. It is time that both this Council and our School Board move forward and re focus on improving our community and our students' education. I believe that this suggestion action, in further funding School's CIP, would be a step in the right direction. Thank you for your consideration of this action which is very important to me and to our City. Sincerely, S/ Rita Sweet Bellitto " June 14, 2011 -12 - MAYOR'S COMMENTS ITEM # 60982 Mayor Sessoms advised having the honor of receiving for the City a beautiful plaque for the City: "This piece of living history from the South Tower of the World Trade Center is presented to the City of Virginia Beach on behalf of the men and women of Naval Special Warfare Development Group for your support and generous contributions to the NSWDG Memorial. " Mayor Sessoms ACCEPTED with great pride, not only for the City Council, but for the citizens of Virginia Beach. This plaque will be installed at City Hall (never to be moved). June 14, 2011 -13 - AGENDA RE VIEW SESSION 3:33 P.M. ITEM # 60983 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS 1. Resolution to AUTHORIZE the sale, of $90, 000, 000 in a series of General Obligation Public Improvement Bonds, on June 22, 2011, (approved $62,900, 000 by City Council May 12, 2009, and $68,180, 000 May 11, 2010) 2. Resolution to REQUEST the Beaches and Waterways Advisory Commission study Dredge Spoils Removal and Transfer Stations with a report to City Council by December 2011 3. Resolution to RESUME preparation of a "Rolling" Biennial Budget, beginning with the FY2012-13 Budget process 4. Resolution to AUTHORIZE the 2012 Employee and Retiree Health Care Insurance Plans which require no premium or contribution increases 5. Ordinance to DECLARE the former Pump Station site at John B. Dey Elementary School to be EXCESS and A UTHORIZE the City Manager EXECUTE the necessary documents to convey it to the Virginia Beach School Board 6. Ordinances to: a. AUTHORIZE and DIRECT the execution of "Addendum A" to the 2009 Intergovernmental Agreement with the Virginia Department of Agriculture and Consumer Services re additional funding of $54,24 7.38 to purchase ARP easements b. ACCEPT and APPROPRIATE an additional $54,247 to reimburse the ARP Special Revenue fund in connection with acquisition of the Truman D. Baxter, Jr. property at 3457 Land of Promise Road (DISTRICT 7 - PRINCESS ANNE) 8. Ordinance to APPROPRIATE an interest-free loan in the amount of $60,000 to the Kempsville Volunteer Rescue Squad re a replacement ambulance 9. Ordinance to AUTHORIZE acquisition of propertyfor rights-of-way and permanent drainage easements, either by agreement or condemnation, for BEACH GARDEN PARK -KILBOURNE COURT/HOLLY ROAD (deferred May 24, 2011) 10. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: a. TIMOTHY D. MOODY to maintain an existing fountain, construct and maintain an irrigation line, sliding gate with keypad and landscape lighting conduit at Croatan Road and Virginia Dare Drive (DISTRICT 6 - BEACH) b.DENZIL and SUSAN POORE to maintain an existing bulkhead, boatlift and wood deck; and construct and maintain a floating dock at 2313 Leeward Shore Drive (DISTRICT 5 - LYNNHAVEN) June 14, 2011 -14 - AGENDA REVIEW SESSION ITEM # 60983 (Continued) c. E.L. CREECH, III to maintain an existing wood fence, shrubs and a timber planting bed at 103 501" Street (DISTRICT 5 — LYNNHAVEN) d.ROTB, L. C. to erect and maintain overhead light strings at 615 Atlantic Avenue (DISTRICT 6 — BEACH) 11, Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $75, 000 to the Clerk of the Circuit Court's FY 2010-11 and FY 2011-12 Budgets to fund the Court's electronic recording system maintenance contract b. $152, 000 from the Department of Criminal Justice to the Police for equipment to prevent and respond to potential terrorist acts c. $126,230 within CIP accounts for the Fire Training Center improvements, Phase III d. $13, 000 from the FY2010-11 Public Libraries for renovations to the Leroy Drive Records Storage facility Item K.2. Resolution to REQUEST the Beaches and Waterways Advisory Commission study Dredge Spoils Removal and Transfer Stations with a report to City Council by Deem ei- ""' February 7, 2012, shall be DISCUSSED and VOTED UPON in the Formal Session Item K3. Resolution to RESUME preparation of a "Rolling" Biennial Budget beginning with the FY2012-13 Budget process shall be DEFERRED until July 12, 2011, BY CONSENT. Item 10(c) Ordinance to AUTHORIZE temporary encroachments into portions of City -owned property: E.L. CREECH, III, shall be DEFERRED INDEFINITELY, BY CONSENT. Councilman Uhrin DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), re Item K 10 (d) ROTE, L. C. to erect and maintain overhead light strings at 615 Atlantic Avenue. Councilman Uhrin is executing this written disclosure regarding City Council's discussion and vote on an Ordinance to approve an encroachment into the City -owned right-of-way at 71" Street, Chix Sea Grill and Bar, which is located at 701 Atlantic Avenue, and he may realize a benefit or detriment as a result of City Council's vote on this item. Councilman Uhrin has a personal interest in this transaction because he is an employee of Burlage Management Corporation, which is located at 801 Atlantic Avenue. Chix Sea Grill and Bar is an affiliate of Burlage Management Corporation. Councilman Uhrin wishes to disclose this interest and abstain from voting on this matter. Councilman Uhrin's correspondence of May 17, 2011, is hereby made apart of the record. June 14, 2011 -15 - AGENDA REVIEW SESSION ITEM # 60984 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: L. PLANNING 1. Applications of OCEAN BREEZE HOLDINGS LLC at 849 General Booth Boulevard (DISTRICT 6 — BEACH) a. Conditional Chango Zoning from Rl Preservation to Conditional B-2 Community Business b. Conditional Use Permit re outdoor water park 2. Application of EASY DOES IT RIDING ACADEMY, ING/MALINDA SCOTT for a Conditional Use Permit re a riding academy and horse boarding at 3581 Muddy Creek Road (DISTRICT 7 — PRINCESS ANNE) 3. Application of CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance (CZO) Sections 103 and 106 re notice to property owners of certain decisions June 14, 2011 SUE ITEM # 60985 Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of speck public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees Evaluation of Council Appointees Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council voted to proceed into CLOSED SESSIONat 3:35 P.M. Voting.• 8-0 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 and James L. Wood. Council Members Voting Nay.- None ay: None Council Members Absent: William R. "Bill" DeSteph Harry E. Diezel Rosemary Wilson (Closed Session: 3:35 P.M. — 4:08 P.M.) (Break.• 3:40 P.M. - 3:50 P.M.) [Out of the Country on business June 6 — 22, 2011] [Family Holiday in Portugal June 9 —19, 2011] (RECEPTION IN HONOR OF COUNCIL LADY BELLITTO: 5:15 P.M. — 5:55 P.M. — ROOM 218, CITY HALL) June 14, 2011 -17 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL June 14, 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, City Hall Building, on Tuesday, June 14, 2011, at 6: 00 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: William R. "Bill " DeSteph Rosemary Wilson INVOCATION: Vice Mayor Louis R. Jones [Out of the Country on business June 6 — 22, 2011] [Family Holiday in Portugal June 9 —19, 2011] PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA June 14, 2011 WE11 Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is his practice to thoroughly review each City Council agenda to idents any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a "personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made apart of the record. Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. June 14, 2011 Item — VE. I CERTIFICATION -19 - ITEM # 60986 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, 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: 9-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson June 14, 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 #60985, Page 16, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. uth Hodges Fraser, MMC City Clerk June 14, 2011 Item V -F.1 -20 - ITEM # 60987 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of May 24, 2011. Voting: 9-0 Council Members Voting Aye.- Rita ye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson June 14, 2011 -21 - Item V -G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 60988 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADDED to the CONSENT AGENDA: Ordinances re Compensation effective 7/1/11: City Manager City Attorney City Auditor City Assessor City Clerk Voting: 9-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson June 14, 2011 Item V L1. PRESENTATION -22 - ITEM # 60989 Mayor Sessoms read into the record the Resolution honoring the Virginia Beach State Park's 75th Anniversary (Co-sponsored by Council Lady Barbara Henley and Council Member James L. Wood: The following were in attendance to accept the Resolution: Bruce Widever — First Landing State Park Kyle Barbour — False Cape State Park WHEREAS, First Landing State Park (formerly Seashore State Park) is one of the original six Virginia State Parks opened simultaneously on June 15, 1936, and False Cape State Park is a unique Maritime Coastal Park that opened in 1980; WHEREAS, Both First Landing State Park and False Cape State Park lie wholly within the recognized boundaries of the municipality of Virginia Beach, Virginia, providing an important outdoor recreation destination and economic engine for its citizens; WHEREAS, First Landing State Park is a recognized location of the Virginia Company's first landing leading to the colonization of Virginia in 1607; WHEREAS, First Landing State Park is an important cultural resource reflecting important 1951-1961 Civil Rights era events, home to a Virginia Indian re -internment site, and continues to reinforce Virginia Beach's commitment to outdoor recreation through its history with the Cape Story Syndicate and Princess Anne Garden Club; WHEREAS, First Landing State Park was constructed during 1934-1936 in partnership with the National Park Service and by the Civilian Conservation Corps; WHEREAS, False Cape State Park is the former site of important cultural resources, including the site of the Civil War -era Maple Leaf incident, the former site of the False Cape Lifesaving Station and former site of the historic Wash Woods Community; and, WHEREAS, First landing State park is both a National Historic Landmark and a National Natural Landmark. NOW, THEREFORE, BE IT RESOL VED: the City of Virginia Beach hereby congratulates Virginia State Parks, First Landing State Park and False Cape State Park on the occasion of its 75`" Anniversary and extends best wishes for many years to come. BE IT FURTHER RESOLVED: that Saturday June 18'h, 2011, be designated as "First Landing and False Cape State Parks Day" in Virginia Beach June 14, 2011 ItrjoOlUtinn 'N9fERE.A.S, First Landing State Park (formerly Seashore State Park) is one of the originaCsix Virginia State Parks openedsimultaneousCy on June 1$ ", 1936 andFalse Cape State Park is a unique Maritime CoastaCPark that opened in 1980; 'WHEREAS, both First Landing State Park and False Cape State Park Cie whoCCy within the recognized boundaries of the municipality of Virginia Beach, Virginia, providing an important outdoor recreation destination andeconomic engine for its citizens; -WHEREAS, First Landing State Park is a recognized location of the Virginia Company's first Landing Leading to the colonization of Virginia in 1607; 'WHEREAS, First Landing State Park is a cufturalresource reflecting important 1951- 1961 CiviCRights era events, home to a Virginia Indian re -internment site and continues to reinforce Virginia Beach's commitment to outdoor recreation through its history with the Cape Story Syndicate and Princess .Anne Garden Club; -WHEREAS, First Landing State Park was constructedduring 1934-1936 in partnership with the NationaCPark Service andby the Civilian Conservation Corps; 'WHEREAS, False Cape State Park is the former site of important cufturaCresources including the site of the civiCwar-era Maple Leaf incident, the former site of the False Cape Lifesaving Station and the former site of the historic 'Wash -Woods community; 'wifERE�1S, First Landing State Park is both a NationaC9-fistoric Landmark anda NationaCNaturaCLandmark; "WHEREAS, , First Landing State Park and False Cape State Park provide the reCativeCy undisturbedandnaturaC habitats, including globaf-y rare maritime forest ecosystems, for many rare andendangeredpCants andanimals, including the Smithsonian-recognizedVirginia Beach Bug; "W-11ERE.AS, False Cape State Park and First Landing State Park provide exemplary environmentaCeducation, stewardsh�p education, internship opportunities in conservation careers andteacher orientedprofessionafdevefopment opportunities; an4 -WHEREAS, Virginians use theirparks for the therapy they needfor the mina body andspirit which contributes to a heafthy CifestyCe andrecognition of the stewardship responsibilities we share as citizens of the Commonwealth; NOW, THEREFORE, BE IT RESOLVED: The City of Virginia Beach hereby congratulates Virginia State Parks, First Landing State Park and False Cape State Park on the occasion of its 7511i .Anniversary andextends best wishes for many years th come. BE ITF'URIXER RESOLVED, that Saturday June 18'F, 2011, be designatedas `;first Landing and False Cape State Parks Day" in Virginia Beach. Item V -J.1. IWAM ITEM # 60990 Mayor Sessoms DECLARED A PUBLIC HEARING: SALE OF EXCESS PROPERTY John B. Dey Elementary School There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING June 14, 2011 -24 - Item VK. ORDINANCES/RESOLUTIONS ITEM # 60991 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE, MOTION, Items 1, 3 (DEFERRED July 12, 2011), 4, 5, 6 alb, 8, 9, l0a/b. 10.c (DEFER INDEFINITELY), 10.d (Councilman Uhrin ABSTAINED)., 11 a/b/c/d and ADD-ONS 12a/b/c/d/e of the CONSENT AGENDA. Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson Councilman Uhrin DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), re Item K 10 (d) ROTB, L.C. to erect and maintain overhead light strings at 615 Atlantic Avenue. Councilman Uhrin is executing this written disclosure regarding City Council's discussion and vote on an Ordinance to approve an encroachment into the City -owned right-of-way at 7`" Street, Chix Sea Grill and Bar, which is located at 701 Atlantic Avenue, and he may realize a benefit or detriment as a result of City Council's vote on this item. Councilman Uhrin has a personal interest in this transaction because he is an employee of Burlage Management Corporation, which is located at 801 Atlantic Avenue. Chix Sea Grill and Bar is an affiliate of Burlage Management Corporation. Councilman Uhrin wishes to disclose this interest and abstain from voting on this matter. Councilman Uhrin's correspondence of May 17, 2011, is hereby made apart of the record. June 14, 2011 -25 - Item V K.1. ORDINANCES/RESOLUTIONS ITEM # 60992 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to AUTHORIZE the sale, of $90,000,000 in a series of General Obligation Public Improvement Bonds, on June 22, 2011, (approved $62,900, 000 by City Council May 12, 2009, and $68,180, 000 May 11, 2010) Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent.• William R. "Bill" DeSteph and Rosemary Wilson June 14, 2011 RESOLUTION OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PROVIDING FOR THE ISSUANCE AND SALE OF A SERIES OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 2011A, HERETOFORE AUTHORIZED, IN THE MAXIMUM AMOUNT OF $90,000,000 AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF The issuance of $62,900,000 of bonds of the City of Virginia Beach, Virginia (the "City") was authorized by an ordinance adopted by the City Council of the City of Virginia Beach, Virginia (the "City Council") on May 12, 2009, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $9,318,112 of which have been issued and sold. The issuance of $68,180,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 11, 2010, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which bonds have been issued and sold. It has been recommended to the City Council by representatives of Government Finance Associates, Inc. and Public Resources Advisory Group (collectively, the "Financial Advisors") that the City issue and sell a series of general obligation public improvement bonds in the maximum principal amount of $90,000,000. The City Council has determined it is in the City's best interest to issue and sell the remaining balance, $53,581,888, of the bonds authorized on May 12, 2009; and up to $36,418,112 of the bonds authorized on May 11, 2010. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter (Chapter 147 of the Acts of the General Assembly of 1962, as amended) and the Public Finance Act of 1991 (Chapter 26, Title 15.2, Code of Virginia of 1950, as amended), general obligation public improvement bonds of the City in the maximum principal amount of $90,000,000 (the "Bonds"). The proceeds of the Bonds will be used to provide funds to finance, in part, the costs of various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements, as more fully described in the ordinances authorizing the Bonds adopted on May 12, 2009 and May 11, 2010 (collectively, the "Project"), and the costs incurred in connection with issuing the Bonds. 2. Bond Details. The Bonds shall be designated "General Obligation Public Improvement Bonds, Series 2011A," or such other designation as may be determined by the City Manager, shall be in registered form, shall be dated such date as may be determined by the City Manager, shall be in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward. Subject to Section 8, the issuance and sale of the Bonds are authorized on terms as shall be satisfactory to the City Manager; provided, that the Bonds (a) shall have a "true" or "Canadian" interest cost not to exceed 4.5% (taking into account any original issue discount or premium), (b) shall be sold to the purchaser thereof at a price not less than par or 100% of the principal amount thereof (without taking into account any original issue discount or premium), (c) shall be subject to optional redemption beginning no later than and continuing after June 1, 2021, at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date, and (d) shall mature annually in installments through serial maturities or mandatory sinking fund payments beginning no later than June 1, 2012, and ending no later than June 1, 2031. Principal of the Bonds shall be payable annually on dates determined by the City Manager. Each Bond shall bear interest at such rate as shall be determined at the time of sale, calculated on the basis of a 360 -day year of twelve 30 -day months, and payable semiannually on dates determined by the City Manager. Principal shall be payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined). Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on a date prior to each interest payment date that shall be determined by the City Manager (the "Record Date"). Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its nominee. The City has heretofore entered into a Blanket Issuer Letter of Representations relating to a book -entry system to be maintained by DTC with respect to the Bonds. "Securities Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section 2. In the event that (a) the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar, and the City discharges its responsibilities hereunder, or (b) the City, in its sole discretion, determines (i) that beneficial owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities Depository, then the City's Director of Finance shall, at the direction of the City, attempt to locate another qualified securities depository to serve as Securities Depository and authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Section 5; provided, that such form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds if they are authenticated prior to the first interest payment date, or (B) from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certificated Bonds, the City's Director of Finance shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 7. 2 So long as there is a Securities Depository for the Bonds, (1) it or its nominee shall be the registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (3) the Registrar and the City shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (4) references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this Resolution and the provisions of the above -referenced Blanket Issuer Letter of Representations, such provisions of the Blanket Issuer Letter of Representations, except to the extent set forth in this paragraph and the next preceding paragraph, shall control. 3. Redemption Provisions. (a) Optional Redemption. The Bonds shall be subject to redemption prior to maturity at the option of the City Manager, in whole or in part, at any time on and after dates, if any, determined by the City Manager, with the first such optional redemption date beginning no later than June 1, 2021 as set forth in Section 2 at a redemption price equal to the principal amount to be redeemed, together with any interest accrued to the date fixed for redemption, plus a redemption premium, if any, not to exceed 2% of the principal amount to be redeemed, such redemption premium to be determined by the City Manager. (b) Mandatory Sinking Fund Redemption. Any term bonds may be subject to mandatory sinking fund redemption upon terms determined by the City Manager. If so determined by the City Manager, the Bonds may provide that the City may take a credit against the mandatory sinking fund redemption obligation of any maturity of term Bonds in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If the City wishes to take such a credit, on or before the 70th day next preceding any such mandatory sinking fund redemption date, the City's Director of Finance may instruct the Registrar to apply a credit against the City's mandatory sinking fund redemption obligation for any Bonds of the applicable maturity that have been optionally redeemed or surrendered for cancellation by the City and have not been previously applied as a credit against any mandatory sinking fund redemption obligation for that maturity of the Bonds. Each Bond so previously optionally redeemed or surrendered shall be credited at 100% of the principal amount thereof against the principal amount of such maturity of the Bonds required to be redeemed on such mandatory sinking fund redemption date or dates for such maturity as may be selected by the Director of Finance. (c) Selection of Bonds for Redemption. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all of a particular maturity of the Bonds are called for redemption, the Bonds within such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules and procedures or, if the book -entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple 3 thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. (d) _Redemption Notices. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner of the Bonds. The City shall not be responsible for mailing notice of redemption to anyone other than DTC or another qualified Securities Depository or its nominee unless no qualified Securities Depository is the registered owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds, notice of redemption shall be mailed to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender thereof. 4. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Mayor or Vice -Mayor, shall be countersigned by the manual or facsimile signature of the City Clerk or Deputy Clerk, and the City's seal shall be affixed thereto or a facsimile thereof printed thereon; provided, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of the City Treasurer, as Registrar, or an authorized officer or employee of any bank or trust company serving as successor Registrar and the date of authentication noted thereon. 5. Bond Form. The Bonds shall be in substantially the form attached to this Resolution as Exhibit A, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the Bonds. 6. Pledge of Full Faith and Credit. The full faith and credit of the City are irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of, premium, if any, and interest on the Bonds. 7. Registration, Transfer and Owners of Bonds. The City Treasurer is appointed paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a qualified bank or trust company as successor paying agent and registrar of the Bonds. The Registrar shall maintain registration books for the registration and registration of transfers of the Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, or at its designated corporate trust office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate, if required by Section 4, and shall deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate and registered in the name as requested by the then registered owner thereof or its duly authorized attorney or legal representative. Any M such transfer or exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such transfer or exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as owner on the registration books as of the Record Date. 8. Sale of Bonds. The City Council approves the following terms of the sale of the Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the City Manager, in collaboration with the Financial Advisors, and subject to the limitations set forth in Sections 1 and 2, and the City Manager shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth in Section 2. Following the sale of the Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Bonds. The actions of the City Manager in selling the Bonds shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the City Council. 9. Notice of Sale; Bid Form. The City Manager, in collaboration with the Financial Advisors, is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the forms of the Official Notice of Sale and the Official Bid Form, which forms are attached as an Appendix to the draft of the Preliminary Official Statement described in Section 10 below, and which forms are approved; provided, that the City Manager, in collaboration with the Financial Advisors, may make such changes in the Official Notice of Sale and the Official Bid Form not inconsistent with this Resolution as he may consider to be in the best interest of the City. 10. Official Statement. A draft of a Preliminary Official Statement describing the Bonds, a copy of which has been provided or made available to each member of the City Council, is approved as the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager, in collaboration with the Financial Advisors, may consider appropriate. After the Bonds have been sold, the City Manager, in collaboration with the Financial Advisors, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement for the Bond, execution thereof by the City Manager to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a reasonable number of copies of the final Official Statement by the earlier of seven business days after the Bonds have been sold or the date of issuance thereof, for delivery to each potential investor requesting a copy of the Official Statement and for delivery to each person to whom such purchaser initially sells Bonds. 11. Official Statement Deemed Final. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the Official Statement in final form for the Bonds, each to be final as of its date within the meaning of Rule 15c2-12 ("Rule 15c2-12") of the Securities and Exchange Commission (the "SEC"), except for the omission in the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to Rule 15c2-12. The distribution of the Preliminary Official Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed final as of its date by the City, except for the omission in the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant to Rule 15c2-12. 12. Preparation and Delivery of Bonds. After bids have been received and the Bonds have been awarded to the winning bidder, the officers of the City are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon payment therefor. 13. Arbitrage Covenants. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing laws. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing law. The City shall pay any such required rebate from its legally available funds. 14. Non -Arbitrage Certificate and Elections. Such officers of the City as may be requested are authorized and directed to execute an appropriate certificate setting forth the reasonably expected use and investment of the proceeds of the Bonds in order to show that such reasonably expected use and investment will not violate the provisions of Section 148 of the Code, and any elections such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the City. 15. Limitation on Private Use. The City covenants that it shall not permit the proceeds of the Bonds or the facilities financed or refinanced with the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or of the facilities financed or refinanced with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141(c) of the Code; provided, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the City need not comply with such covenants. 16. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a continuing disclosure agreement setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary to assist the purchaser of 3 the Bonds in complying with the provisions of Rule 15c2-12. Such continuing disclosure agreement shall be substantially in the form attached as an Appendix to the draft of the Preliminary Official Statement described in Section 10 above, which form is approved with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. 17. Other Actions. All other actions of officers of the City and of the City Council in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby ratified, approved and confirmed. The officers of the City are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 18. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 19. Effective Date. This Resolution shall take effect immediately. Exhibit A — Form of Bond 7 Exhibit A — Form of Bond Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange or payment, and this certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED No. R - UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Public Improvement Bond Series 2011A INTEREST RATE MATURITY DATE DATED DATE CUSIP June 1, June REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upon surrender hereof to the registered owner hereof, or registered assigns or legal representative, the Principal Amount stated above on the Maturity Date stated above, subject to prior redemption as hereinafter provided, and promises to pay interest hereon from the Dated Date stated above on each June 1 and December 1, beginning December 1, 2011, at the annual Interest Rate stated above, calculated on the basis of a 360 -day year of twelve 30 -day months. Principal, premium, if any, and interest are payable in lawful money of the United States of America by the City Treasurer, who has been appointed Registrar (the "Registrar"). The City may appoint a qualified bank as successor paying agent and registrar for the bonds. Notwithstanding any other provision hereof, this bond is subject to a book -entry system maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Blanket Issuer Letter of Representations to DTC. This bond is one of an issue of $ General Obligation Public Improvement Bonds, Series 2011A (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991. The Bonds have been authorized by ordinances adopted by the City Council of the City of Virginia Beach (the "City Council") on May 12, 2009 and May 11, 2010, and are being issued pursuant to a resolution adopted by the City Council on June 14, 2011 (the "Bond Resolution"), to finance various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements and to pay costs of issuance of the Bonds. The Bonds maturing on or before June 1, 2021, are not subject to optional redemption prior to maturity. The Bonds maturing on or after June 1, 2022, are subject to redemption prior to maturity at the option of the City on or after June 1, 2021, in whole or in part at any time (in any multiple of $5,000), upon payment of the following redemption prices (expressed as a percentage of principal amount of the Bonds to be redeemed) plus interest accrued and unpaid to the date fixed for redemption: Period During Which Redeemed Both Dates Inclusive) Redemption Price The Bonds maturing on June 1, 20_, are required to be redeemed in part before maturity by the City on June 1, 20 in the years and amounts set forth below, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued and unpaid to the date fixed for redemption: The Bond Resolution provides for a credit against the mandatory sinking fund redemption of the Bonds maturing on June 1, 20 in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all the Bonds of a particular maturity are called for redemption, the Bonds within such maturity to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. A-2 The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner hereof If a portion of this bond is called for redemption, a new Bond in the principal amount of the unredeemed portion hereof will be issued to the registered owner upon surrender hereof. The full faith and credit of the City are irrevocably pledged for the payment of principal of, premium, if any, and interest on this bond. Unless other funds are lawfully available and appropriated for timely payment of this bond, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all taxable property within the City sufficient to pay when due the principal of, premium, if any, and interest on this bond. The Registrar shall treat the registered owner of this bond as the person or entity exclusively entitled to payment of principal of and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as the owner on the registration books on the first day of the month preceding each interest payment date. In the event a date for the payment of principal, redemption price, or interest on this bond is not a business day, then payment of principal, redemption price, and interest on, this bond shall be made on the next succeeding day which is a business day, and if made on such next succeeding business day, no additional interest shall accrue for the period after such payment or redemption date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of Bonds of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. A-3 IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated the Dated Date stated above. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto: (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: the within bond and all rights thereunder, hereby irrevocably constituting and appointing 'Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by (Signature of Registered Owner) an Eligible Guarantor Institution such as a NOTICE: The signature above must Commercial Bank, Trust Company, Securities correspond with the name of the registered Broker/Dealer, Credit Union or Savings owner as it appears on the front of this bond in Association who is a member of a medallion every particular, without alteration or program approved by The Securities Transfer enlargement or any change whatsoever. Association, Inc. A-5 Requires an affirmative vote by a majority of the members of the City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, this 11 dthday of June, 2011. APPROVED AS TO CONTENT: pu&vu�A Finance Department CA -11863 R-1 June 2, 2011 APPROVED AS TO LEGAL SUFFICIENCY: o e face -26 - Item V.K2. ORDINANCESIRESOL UTIONS ITEM # 60993 David Williams, 2104 West Admiral Drive, Phone: 481-1668, representing the Shore Drive Community Coalition, registered in SUPPORT. The Beaches and Waterways should have adequate time to conduct a fair and proper study and the environmental impact of the Dredge Spoils project be adequately determined. Long Creek Cove will be directly impacted by the Maple Dredge Transfer Site. It could potentially be industrialization of their residential area. Homeowners gain nothing from the Dredge Spoil Transfer Site. Lynn Hume, 2036 Hackberry Road, Phone; 481-3064, resident directly across from one of the proposed. Transfer Sites on Maple Street. She and her family have been living in fear and uncertainty since November 2010 when the proposal to create a permanent industrial and mechanical Transfer Site came forward. The study may be a start, but certainly does not fairly address our most serious issue of creating an industrial environment in a residential community and waterway. Ms. Hume has a petition of 1260 signers to stop this site. [no copy to City Clerk] Upon motion by Councilman Wood, seconded by Vice Mayor Jones, City Council ADOPTED: Resolution to REQUEST the Beaches and Waterways Advisory Commission study Dredge Spoils Removal and Transfer Stations with a report to City Council by February 7, 2012 Voting: 9-0 Council Members Voting Aye.- Rita ye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph and Rosemary Wilson June 14, 2011 REQUESTED BY VICE MAYOR JONES AND COUNCILMEMBER WOOD 1 A RESOLUTION REQUESTING THE BEACHES AND 2 WATERWAYS ADVISORY COMMISSION TO STUDY 3 DREDGE SPOILS REMOVAL AND TRANSFER STATIONS 4 5 WHEREAS, by ordinance adopted on June 13, 2000, City Council established 6 the Beaches and Waterways Advisory Commission; 7 8 WHEREAS, the Commission serves in an advisory capacity to City Council with 9 respect to beach and waterways -related issues, and its responsibilities include 10 reviewing issues referred to it by City Council concerning, among other things, the City's 11 navigable waterways; 12 13 WHEREAS, on May 10, 2011, City Council adopted a Council policy entitled, 14 "Neighborhood Dredging Program" that establishes the program, which is funded by a 15 partnership between the City and neighborhood residents to ensure that the Lynnhaven 16 River, Rudee Inlet, the Elizabeth River, Broad Bay, and Linkhorn Bay navigation 17 channels are adequately dredged; 18 19 WHEREAS, the public has received a substantial amount of incomplete and 20 inaccurate information regarding dredge spoils removal and transfer stations, which 21 points to the need for a study on those issues that contains complete and accurate 22 information; and 23 24 WHEREAS, such a study by the Commission would also assist the City in 25 carrying out Council's policy and would provide vital information for City Council in 26 determining the specific utilization of spoils sites. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 1. That the Beaches and Waterways Advisory Commission is hereby 32 requested to study the issues of dredge spoils removal and transfer stations and to 33 present a report to City Council detailing its findings by February 7, 2012. 34 35 2. That the study shall include, at a minimum: 36 37 • The feasibility of alternative dredging methods, such as hydraulic 38 rather than mechanical dredging; 39 • The potential for beneficial re -use of spoils; 40 • Opportunity for public input from all concerned citizens with at least 41 one facilitated structured meeting for public input; 42 • An analysis of the impact on affected communities (both those 43 receiving dredging and those in the vicinity of the existing and 44 proposed transfer stations) with a focus on identifying sites that are 45 sufficient to support the needs of the project but that have the least 46 potential adverse impact for the community; and 47 A proposed framework with parameters for operation of the spoils 48 sites, including potential use of the sites by the public for dredging by 49 entities or individuals other than the City 50 51 3. That the City Manager shall direct his staff to assist and support the Board 52 in preparing this study. 53 54 Adopted by the City Council of the City of Virginia Beach, Virginia, this 14th 55 day of j,.0 12011. APPROVED AS TO LEGAL SUFFICIENCY: czui'"" Z� -- City Attorney's Office CA11884 R-4 June 8, 2011 2 -27 - Item V K.3. ORDINANCES/RESOLUTIONS ITEM # 60993 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO 7/12/11, BY CONSENT.- Resolution ONSENT.Resolution to RESUME preparation of a "Rolling" Biennial Budget, beginning with the FY2012-13 Budget process Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph and Rosemary Wilson June 14, 2011 Item V.K.4. ORDINANCES/RESOLUTIONS ITEM # 60994 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT. Resolution to AUTHORIZE the 2012 Employee and Retiree Health Care Insurance Plans which require no premium or contribution increases Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson June 14, 2011 1 A RESOLUTION REGARDING THE CITY'S 2012 2 EMPLOYEE AND RETIREE HEALTH CARE 3 INSURANCE PLANS 4 5 WHEREAS, the next Health Care Plan year takes effect January 1, 2012; and 6 7 WHEREAS, the Benefits Executive Committee has recommended some changes 8 to the health care plan offerings and to the rates for plan year 2012. 9 10 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA THAT 12 13 The City Manager, or his designee, is hereby authorized to work with the 14 Consolidated Benefits Office to implement the Health Care Offerings to City employees 15 as outlined below: 16 17 a) Continue as a self-insured health plan due to the substantial savings and award 18 Optima the contract for the next three years with four one year renewals. 19 20 b) Maintain the 2011 premium rate structure, the current plan design and employer 21 contribution level for plan year 2012. 22 23 c) Implement the three plan design changes mandated by the federal health 24 insurance reform. 25 26 d) Use the balance of the Health Care Fund to absorb any cost increases not 27 covered by the 2012 employee rates and employer contribution amount and to 28 make the 2012 annually required contribution to GASB45. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia on the 14t: 31 day of .Tllne 2011. Approved as to Content: Management Services CA -11900 R-3 June 6, 2011 Approved as to Legal Sufficiency: dA4 CityAttorney's Office -29 - Item V K. 5. ORDINANCES/RESOLUTIONS ITEM # 60995 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to DECLARE the former Pump Station site at John B. Dey Elementary School to be EXCESS and AUTHORIZE the City Manager to EXECUTE the necessary documents to convey it to the Virginia Beach School Board Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson June 14, 2011 1 AN ORDINANCE DECLARING THE FORMER 2 PUMP STATION SITE WITHIN THE JOHN B. DEY 3 ELEMENTARY SCHOOL SITE IN EXCESS OF THE 4 CITY'S NEEDS AND AUTHORIZING THE CITY 5 MANAGER TO RECONVEY SAME TO THE 6 SCHOOL BOARD OF THE CITY OF VIRGINIA 7 BEACH (GPIN 1499-55-9393) s 9 WHEREAS, the City of Virginia Beach (the "City") owns a 50'x 50'(2,500 sq. ft. / 10 .057 acre) pump station site (the "Property") located within the John B. Dey Elementary 11 School site; 12 13 WHEREAS, the School Board of the City of Virginia Beach (the "School Board") 14 dedicated the Property to the City by Deed of Dedication recorded on June 24, 1977 in 15 Deed Book 1674, at page 471 in the Clerk's Office of the Circuit of the City of Virginia 16 Beach; 17 18 WHEREAS, when the School Board dedicated the Property, it also dedicated a 19 15' utility easement, a 20' ingress easement and a 20' egress easement (the 20 "Easements") to be used in connection with the pump station; 21 22 WHEREAS, the City is no longer utilizing the Property, and the City has no future 23 need for the Property or the Easements; and 24 25 WHEREAS, the City Council is of the opinion that the Property and Easements 26 are in excess of the needs of the City and should be reconveyed to the School Board; 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 1. That the Property and Easements are hereby declared to be in excess of 32 the needs of the City of Virginia Beach. 33 34 2. That the City Manager is hereby authorized to execute the documents 35 necessary to reconvey the Property to the School Board and vacate the Easements, in 36 accordance with the Summary of Terms attached hereto as Exhibit A, and made a part 37 hereof, and such other terms and conditions deemed necessary and sufficient by the 38 City Manager and in a form deemed satisfactory by the City Attorney. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 t hday 41 of June , 2011. APPROVED AS TO CONTENT: be-partmtkt of Public Works CA11718 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\Wpdocs\1)027\P008\00021666.DOC R-1 June 3, 2011 APPROVED AS TO LEGAL SUFFICIENCY: WWA 1� &A&b-j-,J City Attorney Office SUMMARY OF TERMS DISPOSITION OF EXCESS PROPERTY (PUMP STATION SITE — JOHN B. DEY ELEMENTARY SCHOOL) PARTIES: City of Virginia Beach and School Board of the City of Virginia Beach PROPERTY: 50' x 50' (2,500 sq. ft. /.057 acre) (GPIN 1499-55-9393) City -owned former pump station site located within the John B. Dey Elementary School site (GPIN 1499-55-8674) LEGAL DESCRIPTION: All that certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as "PROPOSED PUMPING STATION SITE" as shown on that certain plat entitled "PLAT SHOWING PUMPING STATION SITE, 20' INGRESS - EGRESS EASEMENT & 15' UTILITY EASEMENT FROM THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA FOR THE CITY OF VIRGINIA BEACH, VIRGINIA", dated December 7, 1976, and attached to the Deed of Dedication recorded in Deed Book 1674, at page 471, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. SALE PRICE: $0.00. ADDITIONAL CONDITIONS OF RECONVEYANCE • The School Board shall resubdivide the Property, at the School Board's expense, to eliminate the lot lines for GPIN 1499-55-9393 and to incorporate said land into the John B. Dey Elementary School site (GPIN 1499-55-8674). • The City shall vacate the 15' utility easement, 20' ingress easement and 20' egress easement associated with the Property. -30 - Item V. K. 6. ORDINANCES/RESOLUTIONS ITEM # 60996 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinances to: a. AUTHORIZE and DIRECT the execution of "Addendum A" to the 2009 Intergovernmental Agreement with the Virginia Department of Agriculture and Consumer Services re additional funding of $54,247.38 to purchase ARP easements b. ACCEPT and APPROPRIATE an additional $54,247 to reimburse the ARP Special Revenue fund in connection with acquisition of the Truman D. Baxter, Jr. property at 3457 Land of Promise Road (DISTRICT 7 — PRINCESS ANNE) Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" Desteph and Rosemary Wilson June 14, 2011 1 A RESOLUTION AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE AN ADDENDUM TO THE 3 2009 INTERGOVERNMENTAL AGREEMENT BETWEEN 4 THE VIRGINIA DEPARTMENT OF AGRICULTURE AND 5 CONSUMER SERVICES AND THE CITY OF VIRGINIA 6 BEACH REGARDING THE PURCHASE OF 7 AGRICULTURAL RESERVE PROGRAM EASEMENTS 8 9 10 WHEREAS, the City of Virginia Beach (the "City") 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 8,831 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 879 of the 2008 Acts of 20 Assembly, appropriated $500,000 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 determined that the City was eligible to receive contributions 30 of funds from VDACS in reimbursement for certain costs the City incurred in the course 31 of purchasing Agricultural Reserve Program easements; and 32 33 WHEREAS, City and VDACS entered into an agreement entitled 34 "INTERGOVERNMENTAL AGREEMENT Between Virginia Department of Agriculture 35 and Consumer Services and The City of Virginia Beach", dated January 28, 2009 ("2009 36 Agreement"), a true copy of which agreement is on file in the City Clerk's Office; and 37 38 WHEREAS, VDACS determined City is eligible to receive additional funding in 39 the amount of $54,247.37, applicable to the 2009 Agreement, making $104,147.37 the 40 total amount available for reimbursement of certain costs incurred by the City in the 41 course of purchasing ARP easements; and 42 43 WHEREAS, City and VDACS desire to enter into an addendum ("Addendum A") 44 to the 2009 Agreement to increase the funding available to the City pursuant to the 45 2009 Agreement; and 46 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 82 83 84 WHEREAS, a Summary of Material Terms of the 2009 Agreement and its Addendum A is appended hereto; and WHEREAS, the City Council finds that the terms of Addendum A 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 Addendum A to the 2009 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. 14 tday of June , 2011. Approved as to Content: Agriculture Department Approved as to Legal Sufficiency: [WA q- *415VV City Attorney's Office CA -11726 \\vbgov.com\DFS 1Wpplications\CityLawProd\cycom32\Wpdocs\D001 \P009\00022074. DOC R-1 June 1, 2011 K Intergovernmental Agreement between Virginia Department of Agriculture and Consumer Services and The City of Virginia Beach and Addendum A to the Intergovernmental Agreement Summary of Material Terms Parties: The City of Virginia Beach ("City") and the Virginia Department of Agriculture and Consumer Services ("VDACS"). Background: On January 27, 2009, the City was approved to receive $49,900 from VDACS pursuant to that Intergovernmental Agreement dated January 28, 2009 ("2009 Agreement") for reimbursement of certain costs incurred by the City in the course of purchasing agricultural preservation easements through the City's Agricultural Reserve Program ("ARP"). On January 25, 2011, City accepted the $49,900 from VDACS and appropriated the funds to the 2010-11 operating budget of the Department of Agriculture. VDACS has determined the City is eligible to receive an additional $54,247.37 to purchase agricultural preservation easements. VDACS Responsibilities: VDACS will reimburse the City for certain costs of purchasing ARP easements. The amount of additional funding for easements recorded by May 27, 2011 is $54,247.37, making $104,147.37 the total maximum amount available under the 2009 Agreement and its Addendum A. 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: Cost: 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. No associated costs are incurred by the City Duration and Termination: • Initial term is two years from the date of the agreement or January 28, 2011. • This addendum shall be merged with the previous agreement that expired on January 28, 2011 in order to provide additional funding for any easements that were recorded by May 27, 2011. • 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES TO THE DEPARTMENT OF AGRICULTURE TO REIMBURSE THE CITY FOR A PORTION OF THE COST TO ACQUIRE A PRESERVATION EASEMENT WHEREAS, the ARP Special Revenue Fund is eligible for reimbursement from the State for up to 50% of the value of the agricultural preservation easement for the Truman D. Baxter, Jr. property, up to $104,147; and WHEREAS, the acquisition cost for this easement totaled $288,344. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $54,247 is hereby accepted from the Virginia Department of Agriculture and Consumer Services and appropriated, with estimated state revenues increased accordingly, to the ARP Special Revenue Fund to partially reimburse the City for the acquisition of a preservation easement. Adopted by the Council of the City of Virginia Beach, Virginia on the1 4tb day of June , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services QltyrY's ice CA11897 R-2 June 6, 2011 -31 - Item V. K. 7. ORDINANCES/RESOLUTIONS ITEM # 60997 The following registered to speak: Katy Arris -Wilson, 3900 Old Shell Road, Phone (757) 679-5954, longtime Virginia Beach citizen, President of the Tide Swim Team and mother of three (3) children who enjoy swimming and a ten-year relationship with the YMCA of South Hampton Roads. Ms. Wilson has been in discussion relative assistance with more pool space. In December 2010, we were no longer allowed to utilize the pool space on Military bases. At the present time, their athletes participate out of the Hilltop and Mount Trashmore YMCA and would like to extend out to the Princess Anne area. Walter R. Potter, 1938 Woodside Lane, Phone: (757) 428-2224, Chairman of the Board YMCA — South Hampton Roads. Mr. Potter has also served two (2) terms on the Board of the Tidewater Swim Team (High School level and the Tidewater Swim Team. The opportunity to have a 50- meter competition pool makes this a spectacular opportunity. Discussions have been ensuring with Sentara for approximately 4 to five years concerning this pool coming to Dam Neck and Landstown Roads. This is an opportunityfor the City of Virginia Beach to be on the "swimming map" with a 50 -meter pool. The following registered in OPPOSITION: Jerry Donnelly, 2108 Pleasant Acres Court, Phone: 342-6017, Managing Partner — One Life Fitness, and ten (10) year resident of Virginia Beach. "We should not hand over public land to a private tax exemption organization. " Mr. Donnelly requested all possible options be examined as the Open Bid process brings potential harm to the community. A similar project by a 'for profit facility " would typically generate $1 -Million in taxes that the YMCA could not generate. Similar benefits could be given to the community as well as supported with tax revenue. Marc Frietag, 2105 Sawmill Court, Phone: 343-8988, taxpaying resident for twenty-one years, and Retired Navy Seal shot and paralyzed in the line of duty, which ended his Naval career. For the past eight (8) years he has pursued a new career as Manager — Virginia Beach One Life Fitness. Giving a non- profit company valuable Virginia Beach -owned land and public funds is competition and damage to many of the local businesses.It has been proven that non profits compete with taxpaying businesses as daycare, health clubs, karate studios and many other small businesses that pay taxes to our community.. Every dollar spent at the YMCA is a lost dollar of revenue for our 'for-profit " businesses. Typically, for every nonprofit that opens its doors, two local tax paying businesses close within one year. Ben Venuto, 2933 Couples Court, Phone: 435-6525, local resident, stated "it would be fiscally irresponsible to take tax money away from the necessary public services such as police, firefighter and teachers' salaries, public transportation, roads, et cetera and giving to the YMCA. " Over the last twenty- five years, or more the YMCA has abandoned its charitable mission by closing facilities in underserved, under privileged areas and opening high end health clubs in richer Counties. Mr. Venuto requested deferral for further study and open a bid to include `for profit" businesses. Rick Zimmerman, CEO of Axel Corporation, Phone: (518) 801-0147, own a consulting company. He has been in the fitness and construction business consulting and operating companies in San Diego, Minneapolis Raleigh and is a homeowner off Shore Drive. He has a graduate and undergraduate degree from the University of Virginia. Mr. Zimmerman does not understand why the City has not put out an RFP (Request for Proposal) to study the need and issue related to the 50 -Meter Competition Pool. Mr. Zimmerman and his three (3) sons are all competitive swimmers He does not understand why the City has not reviewed other alternatives. June 14, 2011 -32 - Item V K. 7. ORDINANCES/RESOLUTIONS ITEM # 60997 (Continued) The.following registered in OPPOSITION (Continued) Patrick Donnelly, 2677 Christopher Farms Drive, Phone: 342-3134, advised his main concern as the City giving away their land. This location for the YMCA Family Center and 50 -meter competition pool is less than a 10 -minute drive from Princess Anne Recreation Center, which houses one of the finest competition pools in Virginia. There are also many State and City pools which meet competition standards. Tracy McOrmond, 101 Valienti Court, Phone: 721-4777, taxpaying resident of Virginia Beach for over 8 years. She has three (3) small children entering the School system and is a former Educator from Fairfax County and now currently works for a consulting firm. She does not understand why the City of Virginia Beach would consider giving the YMCA precious and valuable land as it could be sold for profit to a taxable business entity. A MOTION was made by Council Lady Henley, seconded by Councilman Wood, to ADOPT an Ordinance to AUTHORIZE the City Manager to execute a non-binding Term Sheet with the YMCA of South Hampton Roads re a Family Center and 50 -meter competition pool at Dam Neck and Landstown Roads. A SUBSTITUTE MOTION was made by Councilman Dyer, seconded by Councilman Davis to DEFER for.further discussion the Ordinance to AUTHORIZE the City Manager to execute a non-binding Term Sheet with the YMCA of South Hampton Roads re a Family Center and 50 -meter competition pool at Dam Neck and Landstown Roads Voting: 4-5 (SUBSTITUTE MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer Council Members Voting Nay: Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson June 14, 2011 -33 - Item V K 7. ORDINANCES/RESOLUTIONS ITEM # 60997 (Continued) Upon MOTION by Council Lady Henley, seconded by Councilman Wood, City Council ADOPTED an Ordinance to AUTHORIZE the City Manager to execute a non-binding Term Sheet with the YMCA of South Hampton Roads re a Family Center and 50 -meter competition pool at Dam Neck and Landstown Roads. Voting: 6-3 Council Members Voting Aye: Rita Sweet Bellitto, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: Glenn R. Davis, Harry E. Diezel, and Robert M. Dyer Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson June 14, 2011 1 ORDINANCE APPROVING A NON-BINDING TERM 2 SHEET WITH YMCA OF SOUTH HAMPTON ROADS 3 RELATING TO THE DEVELOPMENT OF A YMCA 4 FAMILY CENTER AND 50 -METER COMPETITION 5 POOL AT THE NORTHEAST INTERSECTION OF 6 DAM NECK ROAD AND LANDSTOWN ROAD IN 7 VIRGINIA BEACH 8 9 WHEREAS, the City of Virginia Beach (the "City") owns two parcels of land 10 totaling approximately 10.35 acres located at the intersection of Dam Neck Raod and 11 Landstown Road in the Princess Anne Commons area (GPIN 1484-79-2884 and 1484- 12 79-2434) (the "Property"); 13 14 WHEREAS, the YMCA of South Hampton Roads ("YMCA"), in partnership with 15 the Tides Swim Team, desires to construct a 45,000+/- sq. ft. YMCA Family Center and 16 a 50 -meter enclosed pool on a portion of the Property (the "Project"); 17 18 WHEREAS, YMCA would offer recreational and educational programs and 19 services, and endeavor to ensure that low and moderate income families residing in 20 Virginia Beach have membership and program opportunities through the YMCA's sliding 21 scale; 22 23 WHEREAS, YMCA has requested that the City dedicate the Property in 24 connection with the Project as its only contribution to the Project. The Property would 25 be conveyed subject to deed restrictions, easements and encumbrances of record, and 26 it would only be used for non-profit purposes consistent with the mission of the YMCA; 27 and 28 29 WHEREAS, the development of the Project would serve the needs of the citizens 30 of the City of Virginia Beach and would promote the City's goals of a healthy population. 31 32 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 That the City Manager is hereby authorized to execute a non-binding term sheet 35 with YMCA of South Hampton Roads, to set forth coordination of development efforts of 36 the proposed YMCA Family Center and 50 -meter pool, in accordance with the Summary 37 of Terms attached hereto and made a part hereof, and such other terms and conditions 38 deemed necessary and sufficient by the City manager and in a form deemed 39 satisfactory by the City Attorney. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the qday 42 of Jim(- , 2011. APP nED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: P Recreation City A rX— Dept.ey CA11725 \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\W pdocs\D027\P008\00021632. DOC 6/6/11 R-1 SUMMARY OF TERMS TERM SHEET BETWEEN THE CITY AND THE YMCA PROPERTY: Approximately 10.35 acres at the intersection of Dam Neck and Landstown Road PARTIES: City of Virginia Beach ("City") YMCA of South Hampton Roads ("YMCA") PURPOSE: City to dedicate parcel to YMCA for the purpose of the YMCA constructing and operating an approximately 45,000 square foot recreational and educational facility and a 50 meter competition pool. The pool will be covered with an architectural membrane capable of withstanding sustained winds of at least 110 miles per hour. COST: No cost to the City other than the value of the dedicated land. The improvements to be constructed by the YMCA are expected to cost approximately $10,000,000. SPECIAL TERMS: The YMCA will be required to operate the facility as a non-profit facility consistent with the YMCA's mission. The YMCA will endeavor to ensure that low and moderate income families and children in the surrounding areas have access to the facility at a reduced cost through the YMCA's scholarship program. The design and operation of the facility will be consistent with the Princess Anne Commons Guidelines. DEED RESTRICTIONS: The City -owned property will be dedicated to the YMCA subject to deed restrictions ensuring the continued use of the property for non-profit purposes consistent with the City's goals for that portion of Princess Anne Commons. S \x I pow- cr 00 '14 1p r*j w 0 00 -pb M -ra f -P ti S \x I pow- -34 - Item V.K.B. ORDINANCES/RESOLUTIONS ITEM # 60998 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to APPROPRL4TE an interest free loan in the amount of $60,000 to the Kempsville Volunteer Rescue Squad re a replacement ambulance Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson June 14, 2011 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE KEMPSVILLE 3 VOLUNTEER RESCUE SQUAD, INC., FOR THE PURCHASE 4 OF A REPLACEMENT AMBULANCE 5 6 WHEREAS, the Kempsville Volunteer Rescue Squad has been awarded a Rescue 7 Squad Assistance Fund grant of $68,231 from the Virginia Department of Health Office of 8 Emergency Medical Services for the purchase of a replacement ambulance with estimated 9 cost of $135,000; and 10 11 WHEREAS, equipment and supplies will be required to outfit the replacement 12 ambulance totaling approximately $10,000; and 13 14 WHEREAS, the Kempsville Volunteer Rescue Squad will utilize approximately 15 $16,769 of fund drive funding toward the down -payment. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1. That $60,000 is hereby appropriated from the fund balance of the General 21 Fund for an interest-free loan to the Kempsville Volunteer Rescue Squad for the purchase 22 of an ambulance and related equipment and supplies, contingent upon execution of the 23 attached agreement. 24 25 2. That this loan is to be repaid by Kempsville Volunteer Rescue Squad over 26 five (5) years, pursuant to the terms of the attached promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 At h day of June , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services Cit, a ice CA11887 R-1 May 25, 2011 PROMISSORY NOTE $60,000 Virginia Beach, Virginia June 15, 2011 FOR VALUE RECEIVED, Kempsville Rescue Squad, 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 SIXTY THOUSAND DOLLARS ($60,000) 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 June 1, 2012 - $12,000 On or before June 1, 2013 - $12,000 On or before June 1, 2014 - $12,000 On or before June 1, 2015 - $12,000 On or before June 1, 2016 - $12,000 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 hereof. 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 when due. WITNESS the following signature(s). KEMPSVILLE RESCUE SQUAD, INC. (SEAL) Title: Date: Agreement Between the City of Virginia Beach and the Kempsville Rescue Squad Inc. THIS AGREEMENT is made and entered into this day of , 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Kempsville Rescue Squad, Inc., a Virginia nonstick corporation ("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 accordance 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 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. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager ATTEST: City Clerk KEMPSVILLE RESCUE SQUAD, INC. Lb -A Title: APPROVED AS TO CONTENT: Virginia Beach Management Services Virginia Beach Risk Management Virginia Beach EMS Chief APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office SCE Pa V1LLE RESCUE SQUAD INC. P.O. BOX 62345 • VIRGINIA BEACH, VA. 23466 757.340-KVRS * www.kvrs.org March 29, 2011 Chief Bruce W. Edwards Virginia Beach Department of LMS 477 Viking_Drive, Suite 130 Virginia Beach, VA 23452 Dear Chief Edwards, 1'nr writing on behalf of the Kempsville Volunteer Resc from the City of Virginia Beach. The loan will be used our squad'. This new ambulance will replace unit 921 N over 200,000 miles on it. We hope to have the new uni; summer. We request a loan for Sixty Thousand do installments. The requested amount is based on, the follo State RSAE Orant equipment & supplies Balance On January 1, 2011 we were awarded a:State RSA of the new ambulance. Currently, Kempsville Volunteer Rescue Squad ha Loan # 1 (Unit 927) has an awiq: p vai e 2013 with 3 payments remaining` * Loan # 2 (Unit 923) has an annual paymen through 2014 with 4 payments remaining: * Loan # 3 (Unit 922) has an annual paymen through 2015 with 5 payments remaining. Squad to request a No -Interest Loan the purchase of'a new ambulance for ;h is a 2003 model ambulance with service by the beginning of this Muld like to repay in five annual $60,000.00 1.00 to apply to the purchase 5".three loans with the city: nt o 15,400.00 due June I" each year through 2,200.00 due October I" each year 12,400.00 due October i' each year If you need any further information please let me know. Thank you for your consideration of our request. JimBrewer, Vice -President rr' E PSVILLE RESCUE SQUAD INC. P.O. BOX 62345 - VIRGINIA BEACH, VA. 23466 757-340-KVRS • www.kvrs.org March 29, 2011 Division Chief John Bianco Virginia Beach Department of EMS 477 Viking Drive, Suite 130 Virginia Beach, VA 23452 Dear Chief Bianco. Enclosed is a letter (addressed to Chief Edwards) requesting a loan for the purchase of a new ambulance for Kempsville Volunteer Rescue Squad. Please Iet me know if you need any further information before processing the loan request." TI k you, Agreement Between the City of Virginia Beach and the Kemspville Volunteer Rescue Squad THIS AGREEMENT is made and entered into this day of , 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Kempsville Volunteer Rescue Squad ("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 accordance 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 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. CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager ATTEST: City Clerk KEMPSVILLE VOLUNTEER RESCUE SQUAD APPROVED AS TO CONTENT: Virginia Beach Management Services Virginia Beach Risk Management Virginia Beach EMS Chief Title: 3 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office PROMISSORY NOTE $60,000 Virginia Beach, Virginia June 14, 2011 FOR VALUE RECEIVED, Kempsville Volunteer Rescue Squad, ("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 SIXTY THOUSAND DOLLARS ($60,000) 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 June 1, 2012 - $12,000 On or before June 1, 2013 - $12,000 On or before June 1, 2014 - $12,000 On or before June 1, 2015 - $12,000 On or before June 1, 2016 - $12,000 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 hereof. 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 when due. 5/25/2011 C:\Documents and Settings\jconley\Local Settings\Temporary Intemet Files\Content.Outlook\3D35JQU9\Kempsville Volunteer Rescue Squad Promissory Note 06-14-1 Ldoc WITNESS the following signature(s). KEMPSVILLE VOLUNTEER RESCUE SQUAD (SEAL) By: NAME, Director 5/25/2011 CADocuments and Settings\jconley\Local Settings\Temporary Internet Files\Content.Outlook\3D35JQU9\Kempsville Volunteer Rescue Squad Promissory Note 06-14-1 Ldoc -35 - Item V.K.9. ORDINANCES/RESOLUTIONS ITEM # 60999 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE acquisition of property for rights-of-way and permanent drainage easements, either by agreement or condemnation, for BEACH GARDEN PARK — KILBOURNE COURTIHOLL Y ROAD (deferred May 24, 2011) Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph and Rosemary Wilson June 14, 2011 PUBLIC WORKS DEPARTMENT 757-3654167 FAX (757) 385-5783 TTY: 711 DATE: June 7, 2011 City of _N I rgiizi a S c-:ach INTER -OFFICE MEMORANDUM TO: James Spore, Executive FROM: Gail E. Salmons, PW / RE VBgovcom MUNICIPAL CENTER BUILDING 2 2405COUtTHWSE DRIVE VIRGINIA BEAACH, VA 23455.9035 SUBJECT: This is in response to Kathleen Hansen's request for Mr. Spore's inquiry concerning a pending agenda item to be heard by City Council on June 14,2011: Beach Garden Park — Kilbourne Court ! Holly Road Improvements In order to construct the new bridge that goes over to the park area, the city will need the ordinance passed to condemn. There is a defunct corporation that owns the northeast corner of Kilbourne Court and the city is unable to located the property owners. The acquisition for this corner is $68 because it is low land. June 6, 2011 - I just talked to Mr. Inman. The condo association wants $17,000 and the appraisal was $5,069. Mr. Inman is on his way back from Richmond and said that he would send me a breakdown when he got back to his office. Keep in mind, when the appraiser spoke with the consulting engineer, the sign was not going to be impacted. Now the sign will be impacted. The perimeter of the sign is a brick base with a brick pillar on each side and the actual sign identifying the condominiums was damaged and is no longer there. I think there is some wiggle room with the negotiations but until I receive the breakdown not sure what that will be. June 7, 2011 — 1 sent an email to Mr. Inman requesting his counter offer. His counter offer was approximately $7,000 for landscaping and a sign and $10,000 for a Temporary Construction Easement. I will discuss this with Mr. Lawson in the morning for direction on this negotiation. I will continue to negotiate with Mr. Inman, who represents Holly Bend Condo Association even if the ordinance is passed to condemn unless an impasse is reached and agreeable terms can't be negotiated. 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF RIGHTS-OF-WAY, 3 PERMANENT DRAINAGE EASEMENTS AND 4 TEMPORARY EASEMENTS, EITHER BY 5 AGREEMENT OR CONDEMNATION FOR 6 BEACH GARDEN PARK— KILBOURNE COURT 7 / HOLLY ROAD RIGHT-OF-WAY 8 IMPROVEMENTS, CIP 7-049 9 10 11 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 12 public necessity exists for the construction of this important storm water and road 13 improvements project to improve drainage and motor vehicle and pedestrian transportation 14 within the City and for other related public purposes for the preservation of the safety, 15 health, peace, good order, comfort, convenience, and for the welfare of the people in the 16 City of Virginia Beach. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 Section 1. That the City Council authorizes the acquisition by purchase or 22 condemnation pursuant to Sections 15.2-1901, et seg., Sections 33.1-91, et seg., and Title 23 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 24 simple, including permanent drainage easements and temporary construction easements 25 (collectively, the "Property"), as shown on the plans entitled "BEACH GARDEN PARK — 26 KILBOURNE COURT / HOLLY ROAD IMPROVEMENTS CIP 7-049" (the "Project") and 27 more specifically described on the acquisition plats for the Project (plats and plans 28 collectively referred to as the "Plans"), the Plans being on file in the Engineering Division, 29 Department of Public Works, City of Virginia Beach, Virginia. 30 31 Section 2. That the City Manager is hereby authorized to make or cause to be 32 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 33 reasonable offer to the owners or persons having an interest in said Property. If refused, 34 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of 37 June _,201 0. CA 11648 9/29/10 R-1 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d028\p009\00073138.doc APPROVED AS TO CONTENT: ge C. blic Works/Real Estate APPROVED AS TO LEGAL SUFFICIENCY lz2sn City Att rney's Office u EWE FWA 5 x a. U) a) IL C: m IL ca E CL 0 E X17 w rz u M 0 0 To, C:) u EWE FWA 5 x a. carom Item V.K.10.a. ORDINANCES/RESOLUTIONS ITEM # 61000 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE temporary encroachments into portions of City -owned property: TIMOTHY D. MOODY to maintain an existing fountain, construct and maintain an irrigation line, sliding gate with keypad and landscape lighting conduit at Croatan Road and Virginia Dare Drive (DISTRICT 6 — BEACH); The following conditions shall be required: 1. The temporary encroachments shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Applicant to remove, all, or any part, of the Temporary Encroachments from the Encroachment Area, in the event of an emergency or public necessity; and, the applicant, to the extent of their respective interests therein, shall bear all costs and expenses of such removal. 3. The temporary encroachments shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachments must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 4. The City shall have the right to remove the encroachment in the event of an emergency or public necessity or public safety; Grantee shall bear all costs and expenses. 5. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachments. 6. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 7. The applicant agrees to maintain the temporary encroachments so as not to become unsightly or a hazard. 8. There shall be no open cut of the public roadway allowed, expect under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. 9. The applicant must obtain a permit from the Planning Department prior to commencing any construction. June 14, 2011 -37 - Item V.K.10.a. ORDINANCES/RESOLUTIONS ITEM # 61000 (Continued) 10. The applicant must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant also agrees to carry comprehensive general liability insurance in an amount not less than $500, 000.00 combined single limits of such insurance policy or policies. The applicant will provide endorsements providing at least thirty (3 0) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachments. 11. The temporary encroachments must conform to the minimum setback requirements, as established by the City. 12. Nothing shall limit, or deny, in any manner, the City's access to water and sanitary sewer lines. 13. The applicant must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional Engineer or a licensed Land Surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional Engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 14. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachments and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachments; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachments are allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: William R. "Bill " DeSteph and Rosemary Wilson June 14, 2011 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 RIGHT-OF-WAY KNOWN AS 7 CROATAN ROAD AND VIRGINIA 8 DARE DRIVE, FOR PROPERTY 9 OWNER TIMOTHY D. MOODY 10 11 WHEREAS, Timothy D. Moody desires to maintain an existing fountain and to 12 construct and maintain an irrigation line, sliding gate, 1" conduit for low voltage lighting, 13 1" gate valve, 1" PVC irrigation water line, 4" X 4" gate key pad, and low voltage 14 landscape lighting within the City's right-of-way known as Croatan Road and Virginia 15 Dare Drive, in the City of Virginia Beach, Virginia; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, is Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's right-of-way subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Timothy D. Moody, his heirs, 25 assigns and successors in title are authorized to maintain an existing temporary 26 encroachment for a fountain and to construct and maintain an irrigation line, sliding 27 gate, 1" conduit for low voltage lighting, 1" gate valve, 1" PVC irrigation water line, 4" X 28 4" gate key pad, and low voltage landscape lighting within the City's right-of-way as 29 shown on the map marked Exhibit "A" and entitled: "ENCROACHMENT INTO 30 CROATAN ROAD & VIRGINIA DARE DRIVE, LOT 16 & PARCEL A 573 VIRGINIA 31 DARE DRIVE GPIN: 2426-29-7201 & 2426-29-5231 CROATAN BEACH (M.B.37, 32 PG.11) VIRGINIA BEACH, VIRGINIA Date: 10/13/09 Revised: 09/09/10 Scale: 1" = 33 50'," a copy of which is on file in the Department of Public Works and to which reference 34 is made for a more particular description; and 35 36 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 37 subject to those terms, conditions and criteria contained in the Agreement between the 38 City of Virginia Beach and Timothy D. Moody (the "Agreement"), which is attached 39 hereto and incorporated by reference; and 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 42 is hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 45 time as Timothy D. Moody and the City Manager or his authorized designee executes 46 the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the _1_4±_h__ day 49 Of June , 2011. CA -11651 R-1 PREPARED: 5/24/11 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 1 NA RMEYER, ASS T NT CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 19th day of May, 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and TIMOTHY D. MOODY, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 16" and "PARCEL A", as shown on that certain plat entitled: "RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO, VA SCALE V = 100' JUNE, 1954, prepared by C. A. BAMFORTH, C L S.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 37, at page 11, and being further designated, known, and described as 573 Virginia Dare Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing fountain and to construct and maintain an irrigation line, sliding gate, 1" conduit for low voltage lighting, 1" gate valve, 1" PVC irrigation water line, 4" X 4" gate key pad, and low voltage landscape lighting, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY RIGHT-OF-WAY — NO GPIN REQUIRED OR ASSIGNED) 2426-29-7201-0000; (573 Virginia Dare Drive, Lot 16) & 2426-29-5231-0000; (573 Virginia Dare Drive, PARCEL A) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Croatan Road and Virginia Dare Drive, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT INTO CROATAN ROAD & VIRGINIA DARE DRIVE, LOT 16 & PARCEL A 573 VIRGINIA DARE DRIVE GPIN: 2426-29-7201 & 2426-29-5231 CROATAN BEACH (M.B.37, PG.11) VIRGINIA BEACH, VIRGINIA Date: 10/13/09 Revised: 09/09/10 Scale: 1" = 50'," a copy of 'which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 3 It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that nothing shall limit or deny in any manner the City's access to water and sanitary sewer lines. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any rd manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Timothy D. Moody, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2011, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2011, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Registration Number: My Commission Expires: 0 Notary Public (SEAL) By Timothy D. Moody, Owner STATE OF V6t CITYfE-AtH f OF A(; Q ,'' n & 01 -CA, , to -wit: The foregoing instrument was acknowledged before me this del day of , 2011, by a• Ho r 316555 0813112()14 of \060? 0 NOTARY Pv Notary Registration Number: Timothy D. Moody 31�5�5 ,,Lj0C1'a1 1� SEAL) Notary Public My Commission Expires:) (�1 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM MEYER, ASSISTANT CITY ATTORNEY 7MIP, 01� '. Nt t,! J 4'k4" GAT E KEY PAD `uTH °p M UTAM R. PVCHM Lic. No. 2288 011012010 SUPO e-AAy a `` R /Alfitl DARE DRI VH ER[ s£Co�A+u Rano% (50- R/M) (t.B..J7, PG. I?) dote: 10/13/09 revised. 09/09/10 Pro9 210'0269 no. tile: 210-0269.dwg tech: WJW project: WT 'M A PARCIL A 578 VIRGM DARE DRIVE GIM 2416-28-?= 12426-29-6131 CROATAN BEACH(M.13.37, PG.11) VIMWA BF_ACR VIRCIM is 757.431,1041 wpisite•com scole: Browing tale: ENCROACHMENT INTO 2 �za 1'' ` ' ( CROATAN ROAD & VIRGINIA DARE DRIVE Timothy D. Moody 573 Va Dare road - - -- VA DARE ROAD - Scope of work: Install 471f of 5' high black ELITE commercial grade ornamental gates with arched design. Install 120' gate at croatan road side of property and 127' gate at the va Dare side of property with 2 slide gate operators. All post secured in concrete. 1. Gates: Black 5' high with arched top 2. Post: 4' square with flat top caps set in concrete. 3. Operators: 1 per gate 4. Photobeams: 1 per gate 5. Entry key pad: 1 with concrete pedestal pad 6. Gate entry transmitters: 6 each 7. Fire Boa: 1 city accessible key boa 8. Concrete pads: 2 each for gate operators 9. Include all incidental materials for complete installation OPTION Install automatic entry loops in concrete driveway. Q a� 1 .0 m w r M N LON � 7 1 to N O N r� U aD CL 0 L CL ED = U -38 - Item V K.10. b. ORDINANCES/RESOLUTIONS ITEM # 61001 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE temporary encroachments into portions of City -owned property: DENZIL and SUSAN POORE to maintain an existing bulkhead, boatlift and wood deck; and construct and maintain a floating dock at 2313 Leeward Shore Drive (DISTRICT 5 — LYNNHAVEN); The following conditions shall be required: 1. The temporary encroachments shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Applicant to remove, all, or any part, of the Temporary Encroachments from the Encroachment Area, in the event of an emergency or public necessity; and, the applicant, to the extent of their respective interests therein, shall bear all costs and expenses of such removal. 3. The temporary encroachments shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachments must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 4. The City shall have the right to remove the encroachment in the event of an emergency or public necessity or public safety; Grantee shall bear all costs and expenses. 5. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachments. 6. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 7. The applicant agrees to maintain the temporary encroachments so as not to become unsightly or a hazard. June 14, 2011 -39 - Item V.K.10.b. ORDINANCES/RESOLUTIONS ITEM# 61001 (Continued) 8. The applicant must obtain a permit from the Planning Department prior to commencing any construction. 9. The application must make a $578.00 payment to the Department of Planning as compensation for the typically required fifteen (15 )foot wide riparian buffer area that cannot be established on the property; said buffers are a standard condition for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City -owned property. 10. The applicant must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant also agrees to carry comprehensive general liability insurance in an amount not less than ,$500, 000.00 combined single limits of such insurance policy or policies. The applicant will provide endorsements providing at least thirty (3 0) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachments. 11. The temporary encroachments must conform to the minimum setback requirements, as established by the City. 12. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachments and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachments; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachments are allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes Voting.- 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson June 14, 2011 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS HARBOR 7 CANAL LOCATED AT THE REAR OF 8 2313 LEEWARD SHORE DRIVE, FOR 9 PROPERTY OWNERS DENZIL 10 POORE AND SUSAN POORE 11 12 WHEREAS, Denzil Poore and Susan Poore desire to maintain an existing 13 bulkhead, boatlift and wood deck and to construct and maintain a floating dock, into City 14 property know as Harbor Canal located at the rear of 2313 Leeward Shore Drive, in the 15 City of Virginia Beach, Virginia; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Denzil Poore and Susan 25 Poore, their heirs, assigns and successors in title are authorized to construct and 26 maintain temporary encroachments for an existing bulkhead, boatlift and wood deck and 27 to construct and maintain a floating dock into City property as shown on the map 28 marked Exhibit "A" and entitled: "EXHIBIT A ENCROACHMENT OF PROPOSED 29 FLOATING DOCK, EX. WOOD DECK, EX. BULKHEAD & EX. BOATLIFT FOR DENZIL 30 & SUSAN POORE LOT 217, SECTION TWO, BAY ISLAND SCALE: 1" = 30' SHEET: 1 31 DATE: 01-24-2011," a copy of which is on file in the Department of Public Works and to 32 which reference is made for a more particular description; and 33 34 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 35 subject to those terms, conditions and criteria contained in the Agreement between the 36 City of Virginia Beach and Denzil Poore and Susan Poore (the "Agreement"), which is 37 attached hereto and incorporated by reference; and 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 40 is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as Denzil Poore and Susan Poore and the City Manager or his authorized 44 designee executes the Agreement. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day 47 of June , 2011. R-1 PREPARED: 5/19/11 APPROVED AS TO CONTENTS P66LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM QA, YER, T CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 18th day of May, 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DENZIL POORE and SUSAN POORE, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 217", as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT Scale: 1" = 100' October, 1958, prepared by FRANK D. TARRALL, JR. & ASSOCIATES SURVEYORS & ENGINEERS NORFOLK, VA. — VIRGINIA BEACH, VA. — PRINCESS ANNE COURTHOUSE, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15A, and being further designated, known, and described as 2313 Leeward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing bulkhead, boatlift and wood deck and to construct and maintain a floating dock, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (NO GPIN REQUIRED OR ASSIGNED TO CITY PROPERTY KNOWN AS HARBOR CANAL) 2409-09-8991-0000; (2313 Leeward Shore Drive) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Harbor Canal, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT OF PROPOSED FLOATING DOCK, EX. WOOD DECK, EX. BULKHEAD & EX. BOATLIFT FOR DENZIL & SUSAN POORE LOT 217, SECTION TWO, BAY ISLAND SCALE: 1" = 30' SHEET: 1 DATE: 01-24-2011," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall make a FIVE HUNDRED SEVENTY EIGHT DOLLAR ($578.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15 - foot -wide riparian buffer area that cannot be established on the property of the Grantee; 91 said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City -owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by !I this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Denzil Poore and Susan Poore, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) G CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2011, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2011, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Registration Number: My Commission Expires: L Notary Public (SEAL) MF -AW, C STATE OF CITY/eOtft OF LyjR&"&I �to-wit: Susan Poore, Owner The foregoing instrument was acknowledged before me this day of &kll 2011, 7 by Denzil Poore IDWO W ry Publ "ate Notary Registration Number: L STATE OF /J) op-,` &aL CITY/Ge44� OF i , to -wit: My Commission Expires (SEAL) The foregoing instrument was acknowledged before me this day of J&9 2011, by Susan Poore. Notary Registration Number: 7 My Commission Expires: (SEAL) APPROVED AS TO CONTENTS �8' C .�tv1Sa1 S16NATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ARMEYER, ASST ANT CITY ATTORNEY HARBOR CANAL LA. puu.,�w. HARBOR CANAL CITY OF VI GINIA 9FkH All 3 ----Ees FFL0D°-- � PROPOSED FLOATING DOCK a 257G OF WATERWAY EX. BULKHEAD, EX. BOATLIFT _ " A EX. WOOD DECK. MrILW AND MHW REACH EX. BULKHEAD EX. BULKHEAD I"` i � o EX. 80A7UF7 83'27'SSi' E TURF TURF K• /�/f \/.//`/•\ EXISTING BUFFER EXISTING BUFFER TURF POOL �/ / `//�: /j . �, • \ ISTA�G BUFFER //� j TURF/\\//\ :WOOD 1. DECK \// zxw 2 STY. BR. & FR. #2313 , • •1 .. CONS. • ,, . DRIVE i' # 8 '• r n r 94 • APO 1 N/F JACK LANE JR. 2309 LEEWARD SHORE DR. DENZIL & SUSAN POORE APO 2 '+ N/F LISA MIACKLY t 2317 LEEWARD SHORE DR. (PN, 2409 19 0633 GP I: °24M4)94191 i GPM 2409 09 7975 �, LOT 218 INSTRUMENT /: 2007G42700570T40 • LOT 216 M.B. 48 PG. 16 ► . PIN (F)PIN r R-478. 25' A=1 11. 65' F I ) _�--- _ LEEWARD SHORE DRIVE o 30' 1" 30' W __� APPLICATION BY: EXHIBIT A ENCROACHMENT OF PROPOSED DEN2lL A SUSAN POORE FLOATING DOCK, EX. WOOD DECK, 2313 LEEWARD SHORE DRIVE E D WARDBEAC EX. BULKHEAD L EX. BOATLIFT VIRGINIA VA FOR SHEET: 1 GPIN #: 2409-09-8991 Dom- & SUSAN POORE LOT 217, SECTION TWO, BAY ISLAM DATE: 01-24.2011 11 I :b 4 I a Q -40 - Item V.KIO.c. ORDINANCES/RESOLUTIONS ITEM # 61002 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, BY CONSENT.• Ordinance to AUTHORIZE temporary encroachments into portions of City -owned property: E.L. CREECH, III to maintain an existing wood fence, shrubs and a timber planting bed at 103 501" Street (DISTRICT 5 — LYNNHAVEN Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson June 14, 2011 -41 - Item V.K.10.d. ORDINANCES/RESOLUTIONS ITEM # 61003 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE temporary encroachments into portions of City -owned property: ROTE, L.C. to erect and maintain overhead light strings at 615 Atlantic Avenue (DISTRICT 6 — BEACH); The following conditions shall be required: 1. The temporary encroachments shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Applicant to remove, all, or any part, of the Temporary Encroachments from the Encroachment Area, in the event of an emergency or public necessity; and, the applicant, to the extent of their respective interests therein, shall bear all costs and expenses of such removal. 3. The temporary encroachments shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachments must be removed from the Encroachment Area by the applicant and the applicant will bear all costs and expenses of such removal. 4. The City shall have the right to remove the encroachment in the event of an emergency or public necessity or public safety; Grantee shall bear all costs and expenses. 5. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachments. 6. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 7. The applicant agrees to maintain the temporary encroachments so as not to become unsightly or a hazard. June 14, 2011 -42 - Item V.K.10.d. ORDINANCESIRESOL UTIONS ITEM # 61003 (Continued) 8. The applicant must submit and have approved a Traffic Control Plan before commencing work. 9. There shall be no open cut of the public roadway allowed, except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. 10. The applicant must obtain a permit from the Planning Department prior to commencing any construction. 11. The application must, prior to issuance of a right-of-way/utility easement permit, post a bond or other security, in the amount of two (2) times their Engineer's cost estimate to the Department of Planning to guard against damage to City property or facilities during construction. 12. The applicant must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant also agrees to carry comprehensive general liability insurance in an amount not less than $500, 000.00 combined single limits of such insurance policy or policies. The applicant will provide endorsements providing at least thirty (3 0) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachments. 13. The temporary encroachments must conform to the minimum setback requirements, as established by the City. 14. The applicant must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional Engineer or a licensed Land Surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional Engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 15. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachments and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachments; and, pending such removal, the Ciry may charge the applicant for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachments are allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes June 14, 2011 -43 - Item V.K.10.d. ORDINANCES/RESOLUTIONS ITEM # 61003 (Continued) Voting: 8-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., and James L. Wood Council Members Voting Nay: h�h3- Council Members Abstaining: John E. Uhrin Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson Councilman Uhrin DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), re Item K.10 (d) ROTB, L.C. to erect and maintain overhead light strings at 615 Atlantic Avenue . Councilman Uhrin is executing this written disclosure regarding City Council's discussion and vote on an Ordinance to approve an encroachment into the City -owned right-of-way at 7'h Street, Chix Sea Grill and Bar, which is located at 701 Atlantic Avenue, and he may realize a benefit or detriment as a result of City Council's vote on this item. Councilman Uhrin has a personal interest in this transaction because he is an employee of Burlage Management Corporation, which is located at 801 Atlantic Avenue. Chix Sea Grill and Bar is an affiliate of Burlage Management Corporation. Councilman Uhrin wishes to disclose this interest and abstain from voting on this matter. Councilman Uhrin's correspondence of May 17, 2011, is hereby made apart of the record. June 14, 2011 JOHN E. UHRIN COUNCILMAN - DISTRICT 6 - BEACH In Reply Refer to File No.: 0044184 City of Virgirzia Beach May 17, 2011 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Fraser: Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E) VBgov.com PHONE: (757) 491-9388 JUHRIN@VBGOV.COM Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance to approve an encroachment into the City -owned right-of- way at 7`h Street. Chix Sea Grill and Bar, which is located at 701 Atlantic Avenue, may realize a benefit or detriment as a result of the Council's vote on this item. 2. I have a personal interest in this transaction because I am an employee of Burlage Management Corporation, which is located at 801 Atlantic Avenue in Virginia Beach. Chix Sea Grill and Bar is an affiliate of Burlage Management Corporation. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 515 DELAWARE AVENUE, VIRGINIA BEACH, VIRGINIA 23451 Mrs. Ruth Hodges Fraser -2- May 17, 2011 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E) Thank you for your assistance and cooperation in this matter. Sincerely, John E. Uhrin Councilmember JEU/DRH 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 RIGHT-OF-WAY KNOWN AS 7TH 7 STREET, LOCATED AT 615 ATLANTIC 8 AVENUE, FOR ROTB, L.C. 9 10 WHEREAS, ROTB, L.C., a Virginia limited liability company, desires to erect and 11 maintain overhead light strings, 14" high and approximately 52' 6" across within the 12 City's right-of-way known as 7th Street and Atlantic Avenue, located at 615 Atlantic 13 Avenue, in the City of Virginia Beach, Virginia; and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 17 City's right-of-way subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, ROTB, L.C., its assigns and 23 successors in title are authorized to erect and maintain temporary encroachments for 24 overhead light strings, within the City's right-of-way as shown on the map marked 25 Exhibit "A" and entitled: "`Exhibit A' Encroachment Request for ROTB, L.C. Proposed 26 Lights - 7th Street Corridor SCALE: 1" = 20'," a copy of which is on file in the Department 27 of Public Works and to which reference is made for a more particular description; and 28 29 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 3o subject to those terms, conditions and criteria contained in the Agreement between the 31 City of Virginia Beach and ROTB, L.C. (the "Agreement"), which is attached hereto and 32 incorporated by reference; and 33 34 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 35 is hereby authorized to execute the Agreement; and 36 37 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 38 time as ROTB, L.C. and the City Manager or his authorized designee executes the 39 Agreement. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 4thday 42 of ,T„ n P )2011. CA -11704 R-1 PREPARED: 5/13/11 APPROVED AS TO CONTENTS LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM i PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 17th day of May , 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ROTB, L.C., a Virginia limited liability company, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. W ITN ESS ET H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "SECTION 2", as shown on that certain plat entitled: "PLAT OF THE OCEAN LOT INVESTMENT CO. VIRGINIA BEACH, VA. SCALE 1" = 100' JULY 1, 1922, prepared by S. M. Simpson L. E.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 6, at page 263, and being further designated, known, and described as 615 Atlantic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to erect and maintain overhead light strings, 14' high and approximately 52'6" across, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as 7th Street, the "Encroachment Area"; and GPIN: (CITY RIGHT-OF-WAY — NO GPIN REQUIRED OR ASSIGNED) 2427-23-9658-0000; (615 Atlantic Avenue) �ti WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "`Exhibit A' Encroachment Request for ROTB, L.C. Proposed Lights - 7tn Street Corridor, SCALE: 1" = 20'," said exhibit plat consists of nine (9) sheets, copies of which are attached hereto as Exhibit "A", and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit") It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that, the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said ROTB, L.C., a Virginia limited liability company, has caused this Agreement to be executed on its behalf by, Robert M. Howard, Chief Investment Officer ("CIO"), Professional Hospitality Resources, Inc., Member of ROTB, L.C. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2011, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2011, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Registration Number: My Commission Expires: 6 Notary Public (SEAL) ROTB, L.C., a Virginia limited liability company By (SEAL) Ro'bBrPM. Howard, CIO Professional Hospitality Resources, Inc., Member of ROTB, L.C. STATE OF M.0 • r* &4to-wit: The foregoing instrument was acknowledged before me this )(,z2 day of r�1 ±4 , 2011, by Robert M. Howard, CIO of Professional Hospitality Resources, Inc., Member of ROTB, L.C. (SEAL) Notary Public (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) VA Notary Registration Number: C20 -)'S?- �� •'' NOTARY - PUBLIC REG. #237343: My Commission Expires: 6cP-9 ��/ MYcOMMISSION EXPIRES Q oLTH ��rrrrrr►�� (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) VA APPROVED AS TO CONTENTS SI NATURE pit, RSI Ucfz DEPARTMENT E:3 APPROVED AS TO LEGAL SUFFICIENCY AND FORM A R. ER, ASSIST NT CITY ATTORNEY U L J 0 00 'L F- L 0 U O N Q N N +� N —C jE X p[ 4-JW a- S 4A N J E -a iN U N m O 0 Q U O W �E Lc a a� c t m Z ' fD m � X O r+ o D N fD CL r Oro N w ., x (D O UQ O Q w a S AfN ibbbbbb- CU f/U CD u It I1 , CNw � • �aaaaaaaaa:♦a �.aaaaaaaa. IS ' J„ 1 , •' • u " • ID Pal „ • 1 1] Pp o 5 m��Z � � Z P N _ "o ) W� O _R 7Cz No NR Z� � N..JE i �� CA -0 rr r � CU f/U CD u It I1 , CNw � • �aaaaaaaaa:♦a �.aaaaaaaa. IS ' J„ 1 , •' • u " • ID Pal „ • 1 1] CS no Z cl .� Zz =� =c s m �5c)pz �C) $ z m� z n m� a c� M .r Wz 5 N tat cc r � P l j Oul�r rn TYR..4 G -p 510 ye !i ty �iZ► Y 3. 1 4 I. 0 w g T `° r CD CL m `GCL co � C x . 0 CD n .a cn �D T (D U! G: m z 0 m z o m 0 �cDi�mDr CD 2 CD m N p W C (D 0) wCl)WZ -ic 1 O A Q N o„°0m O N l O Imo_ y rt <D CD rF C x . 0 CD n Tl ^ r T (D U! G: m z 0 D m z o m 0 �cDi�mDr < Q Nps =O -n ; r p •p '4O N -4 M 0 wCl)WZ -ic o Q N o„°0m °'mj> c C CD m cn 3 x I � y rt <D CD rF z . '.0 ^ r 1 -44 - Item V.K 11 a -d ORDINANCESIRESOL UTIONS ITEM # 61004 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $75,000 to the Clerk of the Circuit Court's FY2010-11 and FY 2011-12 Budgets to fund the Court's electronic recording system maintenance contract b. $152, 000 from the Department of Criminal Justice to the Police for equipment to prevent and respond to potential terrorist acts c. $126,230 within CIP accounts for the Fire Training Center improvements, Phase III d. $13, 000 from the FY2010-11 Public Libraries for renovations to the Leroy Drive Records Storage facility Voting: 9-0 (By Consent) Council Members Voting Aye.- Rita ye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson June 14, 2011 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO APPROPRIATE FUNDS TO THE FY 2010-11 AND FY 2011-12 OPERATING BUDGET OF THE CLERK OF THE CIRCUIT COURT TO PROVIDE ADDITIONAL FUNDING FOR THE ELECTRONIC RECORDING SYSTEM MAINTENANCE CONTRACT NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $75,000 of revenue from copying charges is appropriated, with estimated revenue increased accordingly, to the FY 2010-11 Operating Budget of the Clerk of the Circuit Court for the maintenance of the electronic recording system; and 2. $75,000 of revenue from copying charges is appropriated, with estimated revenue increased accordingly, to the FY 2011-12 Operating Budget of the Clerk of the Circuit Court for the maintenance of the electronic recording system, effective July 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 Atr day of ,J,,,n, 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Management Services CA11895 R-1 May 31, 2011 APPROVED AS TO LEGAL SUFFICIENCY: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE 2010 STATE HOMELAND SECURITY GRANT 3 PROGRAM TO THE POLICE DEPARTMENT FOR 4 EQUIPMENT TO PREVENT AND RESPOND TO POTENTIAL 5 ACTS OF TERRORISM 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 That $152,000 is hereby accepted from the U.S. Department of Homeland Security 9 through the Department of Criminal Justice Services and appropriated, with estimated 10 federal revenue increased accordingly, to the FY 2010-11 Operating Budget of the Police 11 Department for the purchase of equipment to prevent and respond to potential acts of 12 terrorism. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 4th day Of June 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT Management Services CA11896 R-1 June 1, 2011 APPROVED AS TO LEGAL SUFFICIENCY: Cit i4y 's Office 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO TRANSFER FUNDS FROM CIP #3- 118, FIRE TRAINING CENTER IMPROVEMENTS, TO CIP #3-133, FIRE TRAINING CENTER IMPROVEMENTS, PHASE III BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: $126,230 is hereby transferred from CIP # 3-118, Fire Training Center Improvements, to CIP #3-133, Fire Training Center Improvements, Phase III, to consolidate funding for future expansion and improvements planned for the Fire Training Center. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of June , 2011. APPROVED AS TO CONTENT: APPOROVED AS TO LEGAL SUFFICIENCY: Management Services c_Ci �r 's Office CA11882 R-1 May 19, 2011 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO TRANSFER FUNDS FOR THE LEROY DRIVE RECORDS STORAGE FACILITY SHELVING PROJECT NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the $13,000 in available appropriations are hereby transferred within the Library Operating Budget in order to complete the Leroy Drive Records Storage Facility Shelving Project. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 t:h day Of Tum- - , 2011. APPROVED AS TO CONTENT Management Services CA11886 R-1 May 23, 2011 APPROVED AS TO LEGAL SUFFICIENCY: Cid s Mice -45 - Item V.K.12. ORDINANCES/RESOL UTIONS ITEM # 61005 ADDED Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinances re Compensation effective 7/1/11: City Manager City Attorney City Auditor City Assessor City Clerk Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph and Rosemary Wilson June 14, 2011 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 4 WHEREAS, City Council has evaluated the performance of the City Manager; 5 and 6 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 10 1. That, effective July 1, 2011, the annual salary of the City Manager, which 11 is currently $219,715.07, shall be increased by 2.5%. 12 13 2. That the City's contribution to the City Manager's deferred compensation 14 plan shall remain at $20,500 annually. 15 16 3. That the car allowance of the City Manager shall remain at $12,000 17 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of Junes , 2011. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's O CA11918 R-1 June 14, 2011 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY 3 ATTORNEY 4 5 WHEREAS, City Council has evaluated the performance of the City Attorney; 6 and 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That, effective July 1, 2011, the annual salary of the City Attorney, which 12 is currently $185,000, shall be increased by 2.5%. 13 14 2. That the City's contribution to the City Attorney's deferred compensation 15 plan shall remain at $10,000 annually. 16 17 3. That the car allowance of the City Attorney shall remain at $10,000 18 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 141-h day of June , 2011. APPROVED AS TO LEGAL SUFFICIENCY: eti L City Attorney's O ' e CA11917 R-1 June 14, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY AUDITOR WHEREAS, City Council has evaluated the performance of the City Auditor; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That, effective July 1, 2011, the annual salary of the City Auditor, which is currently $96,000, shall be increased by 2.5%. 2. That the car allowance of the City Auditor shall remain at $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of ,lune , 2011. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's O 1 e CA11916 R-1 June 14, 2011 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, City Council has evaluated the performance of the City Real Estate 6 Assessor; and 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That, effective July 1, 2011, the annual salary of the City Real Estate 12 Assessor, which is currently $120,683.77, shall be increased by 2.5%. 13 14 2. That the City shall continue to contribute $4,000 to the City Real Estate 15 Assessor's deferred compensation plan. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of uaac T____ , 2011. v APPROVED AS TO LEGAL SUFFICIENCY: G City Attorney's O ce CA11914 R-1 June 14, 2011 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 WHEREAS, City Council has evaluated the performance of the City Clerk; and 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 9 1. That, effective July 1, 2011, the annual salary of the City Clerk, which is 10 currently $104,075.74, shall be increased by 2.5%. 11 12 2. That the car allowance of the City Clerk shall remain at $10,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of June , 2011. APPROVED AS TO LEGAL SUFFICIENCY: je,�� City Attorney's O e CA11915 R-1 June 14, 2011 V -L. PLANNING 1. OCEAN BREEZE HOLDINGS LLC -46- ITEM # 61006 2. EASY DOES IT RIDING ACADEMY, INC / MALINDA SCOTT 3. CITY OF VIRGINIA BEACH CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT AMEND the City Zoning Ordinance (CZO) Sections 103 and 106 re notice to property owners of certain decisions June 14, 2011 -47 - Item V Ll. PLANNING ITEM # 61007 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Items 1, 2 and 3 OF THE PLANNING BY CONSENT AGENDA: Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson June 14, 2011 BUM Item Ll.a/b. PLANNING ITEM # 61008 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED AS PROFFERED/CONDITIONED, BY CONSENT, Ordinances upon Applications of OCEAN BREEZE HOLDINGS LLC at 849 General Booth Boulevard BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA OCEAN BREEZE HOLDINGS, LLC, Change of Zoning District Classification P-1 Preservation to Conditional B-2 Community Business, 849 General Booth Blvd (GPIN 2416659680). Comprehensive Plan — Suburban Area BEACH DISTRICT. The following conditions shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made apart of the proceedings. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA OCEAN BREEZE HOLDINGS, LLC, Conditional Use Permit, outdoor recreation facility (Water Park), 849 General Booth Blvd (GPIN 2416659680). (DISTRICT 6 — BEACH): RO61137476 The following conditions shall be required: Before any land disturbance occurs on the site, the applicant shall submit a Landscape Plan to the Current Planning Division of the Planning Department for review and approval. The plan shall depict the existing natural characteristics of the site. Healthy plant material within the site shall be preserved and integrated into an effective landscape design. Clearing in this area shall be confined to the absolute minimum to accommodate the proposed facility. 2. All lighting should be low level and directed toward the interior of the Park. The hours of operation are restricted from 10: 00 A.M. to 10: 00 P. M., except Memorial Day through Labor Day and on holidays and weekends, closing shall be at Midnight. 4. There will be no public address system, other than for background music and emergency announcements, no recreational use of Owls Creek associated with this park and no outdoor concerts. 5. No rock concerts or loud music performances will be permitted. June 14, 2011 -49 - Item Ll.a/b. PLANNING ITEM # 61008 (Continued) These Ordinances shall be effective in accordance with Section 107 (fi of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth day of June, Two Thousand Eleven Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph and Rosemary Wilson June 14, 2011 In Reply Refer To Our File No. DF -7973 CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: June 2, 2011 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilso4p DEPT: City Attorney RE: Conditional Zoning Application; Ocean Breeze Holding, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on June 14, 2011. 1 have reviewed the subject proffer agreement, dated February 1, 2011 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT S+' THIS AGREEMENT is made as of this r day ofb , 201 I , by and between OCEAN BREEZE HOLDINGS, LLC, a Delaware limiteA liability company ("Grantor", to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Grantor is the current owner of that parcel located in the City of Virginia Beach, Virginia identified as GPIN No. 2416-65-9680-0000 (the "Property"), which is more particularly described on the attached Exhibit A. and WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from P-1 to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which are generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property GPIN NOs.: 2416-65-9680-0000 covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of Quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding u0on the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The uses on the Property shall be limited to a theme amusement or recreational water park. 2. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that. (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to 2 instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank. 3 Separate Signatures Page to Follow.] IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: OCEAN BREEZE HOLDINGS, LLC, a Delaware limited liability company COMMONWEALTH/ST*TE OF VS6(�J )'k CITY/G94WF-'i= OF q SGC 'Jkft e*:_; , to -wit: The foregoing instrument was acknowledged before me this day of ict13iK - `( , 201_, by uE [C -g ra , who is personally known to me or has produced N4 -LL uA identification in his capacity as V tCC FVLESID0,rk of Ocean Breeze Holdings, LLC, on behalf of the company. My Commission Registration No. [NOTARIAL SE Notary Public n Exhibit A Legal Description ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as "Parcel 4 Area: 47,697 Sq. Ft. 1.09498 Acres GPIN 2416-65-9680" as shown on that certain plat titled "Plat Showing Subdivision of Property of the City of Virginia Beach Map Book 267, Pages 73 & 74 and Inst. No. 200410200167423 for the City of Virginia Beach, Virginia," dated January 14, 2005 and recorded as Instrument Number 20060110000053890. 412759v1 5 t -50 - Item L2. PLANNING ITEM # 61009 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Ordinance upon Application of EASY DOES IT RIDING ACADEMY, INC./MALINDA SCOTT for a Conditional Use Permit re a riding academy and horse boarding at 3581 Muddy Creek Road (DISTRICT 7 — PRINCESS ANNE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA EASY DOES IT RIDING ACADEMY, INC./MALINDA SCOTT, Conditional Use Permit riding academy/horse boarding, 3581 Muddy Creek Road (GPIN 2422122422). (DISTRICT 7 - PRINCESS ANNE) RO61137477 The following conditions shall be required: The site shall be in substantial conformance with the submitted marked -up survey entitled, "Physical Survey of Lot 'C -A-2, Subdivision of Property of Noil II. Nicholson Et UX", by Harold C. Warren and signed on April 28, 1995. Existing buildings, housing animals and corrals in which animals are kept or assembled in concentrated groups, are not required to meet the 100 foot setback. No more than twelve (12) horses and fifteen (15) individuals shall be on the premises at any one given time. Hours of operation shall be from Monday through Sunday, 8:00 A.M. until dark, but not later than 8: 00 P. M. 4. All lighting on the site shall be directed inward and shall not spill over onto adjoining properties. No outside speakers or sound systems shall be permitted. 6. The site is limited to horse boarding, riding lessons, and tours of the site. There shall be no horse shows, polo matches or similar types of events. These conditions shall remain in effect as long as the horse boarding facility is in operation. The majority of the parking area may remain unpaved, however, the parking area shall satisfy all requirements of the Americans with Disabilities Act These Ordinances shall be effective in accordance with Section 107 (fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth day of June, Two Thousand Eleven June 14, 2011 -51 - Item L2. PLANNING ITEM # 61009 (Continued) Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph and Rosemary Wilson June 14, 2011 -52 - Item V L.3. PLANNING ITEM # 61010 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon Application of CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance (CZO) Sections 103 and 106 re notice to property owners of certain decisions This Ordinance shall be effective in accordance with Section 107 (0 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth day of June, Two Thousand Eleven Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson June 14, 2011 1 AN ORDINANCE TO AMEND SECTIONS 103 AND 2 106 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO NOTICE TO PROPERTY OWNERS 4 OF CERTAIN DECISIONS 5 6 Sections Amended: §§ 103 and 106 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Sections 103 and 106 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows.- 16 ollows:16 17 ARTICLE 1. GENERAL PROVISIONS. 18 19 Sec. 103. Administration. 20 21 (a) The zoning administrator shall have all necessary authority on behalf of the 22 city council to administer and enforce this ordinance, including the ordering in writing of 23 the remedying of any condition found in violation of this ordinance, and the bringing of 24 legal action to ensure compliance with this ordinance, including injunction, abatement or 25 other appropriate action or proceeding authorized by this ordinance or the laws of this 26 state. 27 .... 28 29 (1) The zoning administrator shall provide written notice to the owner of any 30 real property that is the subject of a request for a written order, requirement, decision, or 31 determination of the zoninq administrator. Such notice shall be given by the zoning 32 administrator or by the applicant on forms provided by the zoning administrator within 33 ten (10) days of the date of the request. Such notice mailed to the owner at the last 34 known address of the owner as shown on the current real estate tax assessment 35 records shall satisfy the notice requirement. 36 37 Sec. 106. Appeals and variances. 38 39 (a) The board of zoning appeals shall hear and decide appeals from any order, 40 requirement, decision, or determination made by an administrative officer in the 41 administration or enforcement of this ordinance. An appeal shall be filed with the zoning 42 administrator, and include the grounds of appeal, within thirty (30) days of the date of 43 the decision appealed, unless the notice of violation involves temporary or seasonal 44 commercial uses, parking of commercial trucks in residential zoning districts, or similar 45 short-term recurring violations, in which case the appeal period is ten (10) days from the 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 date of the notice of violation. All decisions not timely appealed shall be final and unappealable. In addition thereto, the board shall have such other powers and duties as are set forth in Section 15.2-2309 of the Code of Virginia; provided, however, that the board shall have no authority to hear and decide applications for conditional use permits, and provided further, that written notice as prescribed in Section 15.2-2204 of the Code of Virginia shall be given at least fifteen (15) days prior to the hearing before the board. (d) Any decision of the board shall be binding upon the owner of the property which is the subject of such appeal only if the owner of such property has been provided notice in accordance with section 103 (1). Actual notice by the owner or active participation in the decision of the board shall waive the owner's right to challenge the validity of the board's decision because of the failure of the owner to receive notice. This ordinance shall take effect on July 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of June, 2011. Sim Item M.1 APPOINTMENTS ITEM # 61011 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BAYFRONT ADVISORY COMMITTEE COMMUNITY SER VICES BOARD EASTERN VIRGINIA MEDICAL SCHOOL HISTORICAL REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE TOWING ADVISORY BOARD June 14, 2011 -54 - Item M.2 APPOINTMENTS ITEM # 61012 Upon NOMINATION by Vice Mayor Jones, City Council: APPOINTED: C. Cheyney Cole, Jr. 4 Year Term 7/1/11— 6/30/15 ARTS and HUMANITIES COMMISSION REAPPOINTED: Rose P. Daria Brian A. Kirwin 4 Year Term 7/1/11— 6/30/15 ARTS and HUMANITIES COMMISSION Voting: 9-0 Council Members Voting Aye.- Rita ye:Rita Sweet Bellitto, Glenn R. Davis, Harry K Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay.- None ay:None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson June 14, 2011 -55 - Item M.3. APPOINTMENTS ITEM # 61013 Upon NOMINATION by Vice Mayor Jones, City Council. APPOINTED: L. Arthur Jones 3 Year Term 7/1/11-6/30/14 BEACHES AND WATERWAYS COMMISSION REAPPOINTED: Kenneth D. Jobe 3 Year Term 7/1/11-6/30/14 BEACHES AND WATERWAYS COMMISSION Voting: 9-0 Council Members Voting Aye.- Rita ye:Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph and Rosemary Wilson June 14, 2011 -56 - Item M.4. APPOINTMENTS ITEM # 61014 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Bruce N. Doyle Eugene W. Hansen 3 Year Term 7/1/11-6/30/14 BIKEWAYS and TRAILS ADVISORY COMMITTEE Voting: 9-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay.- None ay:None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson June 14, 2011 -57 - Item M.5. APPOINTMENTS ITEM # 61015 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Chief James A. Cervera 3 Year Term 7/1/11-6/30/14 CHESAPEAKE BAYALCOHOL SAFETYACTIONS PROGRAM Voting: 9-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson June 14, 2011 -58 - Item M. 6. APPOINTMENTS ITEM # 61016 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Robert M. Dyer Barbara M. Henley James K. Spore 2 Year Term 7/1/11— 6/30/13 HAMPTON ROADS PLANNING DISTRICT COMMISSION Voting: 9-0 Council Members Voting Aye.- Rita ye:Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: William R. "Bill " DeSteph and Rosemary Wilson June 14, 2011 sum Item M. 7. APPOINTMENTS ITEM # 61017 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Teresa Stanley Unexpired thru 3/31/13 Michael Makela 3 Year Term 7/1/11— 6/30/13 HUMAN RIGHTS COMMISSION Voting: 9-0 Council Members Voting Aye.- Rita ye:Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay.- None ay:None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson June 14, 2011 Item M. 8. APPOINTMENTS ITEM # 61018 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Richard L. "Tuck" Bowie Wanda J. Cooper Daniel H. Brockwell William J. "Bill" Brunke, IV Brad D. Martin Barry C. Ezell David Browning Osmay Torres PROCESS IMPROVEMENT STEERING COMMITTEE Voting: 9-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson June 14, 2011 -61 - Item M.9. APPOINTMENTS ITEM # 61019 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Thomas H. Wilson 4 Year Term 7/1/11— 6130115 TIDEWATER COMMUNITY COLLEGE BOARD Voting: 9-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson June 14, 2011 -62 - Item M.10. APPOINTMENTS ITEM # 61020 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Mark Schnaufer 2 Year Term 7/1/11— 6/30/13 TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS Voting: 9-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay.- None ay:None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson June 14, 2011 -63 - Item O. ADJOURNMENT ITEM # 61021 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:52 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk Ruth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia ----------------------------- William D. Sessoms, Jr. Mayor OPEN DIALOGUE ADJOURNED AT 7:07 P.M June 14, 2011 -64 - PUBLIC DIALOGUE PUBLIC NUISANCE AND ABORTION Christine Ross, 5557 New Colony Drive, Phone: 905-1835, three-year resident of Virginia Beach. She visits the Abortion Mill known as Virginia Beach Woman's Body Center each week. Her purpose is to save lives and dissuade homicidal parents to cease killing their children through abortion. The United States has killed 52.7 -Million babies through abortion, which is more than the entire population of Canada, comprised of 34 -Million. HLI also states that 10% of the White and 28% of the Black United States Population has perished through abortion. The Division of Certificate of Public Need recommends denial of VBHC, LLC's request to establish an outpatient surgical hospital with two general purpose operating rooms. Correspondence is hereby made apart of the record. Leigh Gorski, 429 Woodlake Road, Phone: 615-2516, a Member of Hampton Roads for Life and resident of Virginia Beach. In 2010, the Pro Life Community came before City Council on several occasions to request preventing the opening of a 13,000 square foot Planned Parenthood Abortion Clinic on Newtown Road. 10, 615 signatures from Hampton Roads residents supporting the request were presented. Planned Parenthood has petitioned the State Board of Health to approve a Certificate of Public Need to add two (2) operating rooms and classes their facility as an "outpatient surgical hospital". These would allow the performance of second trimester abortions. On May Nineteenth, the Division of Certificate of Public Need recommended their request be denied. The State Commissioner of Health will make the final decision. Please present your support of this Denial in writing on official City Letterhead. BIKE SAFETY — SHORE DRIVE Bill Conoscenti, 1268 Parkside Place, Phone: 496-3489, Vice President — Tri -Car Cycling Club and a resident of Virginia Beach for eighteen (I8) years. Jim Dunham, 2207 Maple Street, Phone: 496-3294, belongs to the same organization and was in attendance. The members are law abiding, taxpaying citizens and are a cross section of the community i.e. attorneys, nurses, doctors, teachers. The members comprise one of more than a `half dozen cycling clubs located in Virginia Beach. Jim Dunham, 2207 Maple Street, Phone: 496-3294, victim of a "hit and run " accident on May Third, while riding his bike on Shore Drive. He suffered nine (9) broken ribs, a broken color bone, three (3) cracked vertebrae and a broken pelvis. Mr. Dunham has lived and biked in Virginia Beach since 1979. This is not a bike friendly city. Mr. Dunham referenced the City's Bikeways and Trail Plan adopted by the City Council April 2011. One of the major goals was for the City to achieve "bicycle friendly" status by 2017. Mr. Dunham requested this document be better known to the general public. He does not believe many people are aware of the City's stand on road cycling in Virginia Beach. Steven Zeligman, 1633 Waff Road 23464, Phone: (757) 285-9065, Virginia Beach resident for the last nine (9) years, President of Tidewater Bicycle Association for the last three (3) years, and Vice President the year prior. Mr. Zeligman requested assistance for their company to communicate relative bike safety and sharing roads. Mr. Zeligman requested the City expedite the implementation of the new Bikeways and Trails Plan and launch a public service campaign re sharing roads. Mr. Zeligman recommended that a bicycle safety campaign be launched as part of the Virginia Beach City Schools Drivers Education Program for High Schools. ZONING ISSUE Clinton Davis, spoke re a zoning issue a six (6) acre survey. He wishes to hold the farm, clean it up and bring under farm management, as well as utilize as a home. Information re the case is hereby made apart of the record. Mr. Davis insists a City employee's error caused his problem. June 14, 2011 -65 - PUBLIC DIALOGUE CHANGE IN CITY MEAL TAX John Coffren, 2208 Welsh Drive, Phone: 676-2173, Owner of Bliss Bakery, a small business opened in October 2008. Through hard work and determination, the business has been relatively successful The small business is growing and providing income for ten (10) people, as well as serving as a tax generator for the City. Mr. Coffren calculates their payroll will top $350, 000 sometime next year. Since opening, Bliss Bakery has been subjected to a new State levy, one that the City does not control, a regressive tax that unfairly burdens small businesses from the State Department of Agriculture. There was no tax their first year. The tax during their second year was $45 and this year, the third year, has risen to $100. The City Code recently approved now requires the business to collect meals sales tax on a customer purchasing less than six bakery items. Hot meals are prepared upon order. Mr. Coffren was told this is a new requirement because their items are not packaged. The City Attorney will provide a report concerning this item and contact Mr. Coffren. (Said Report from City Attorney Mark Stiles is hereby made apart of the record) June 14, 2011 -63 - Item O. ADJOURNMENT ITEM # 61021 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:52 P.M. /0 --- ---------�_-------' - Beverly . Hooks, CMC Chief Deputy City Clerk uth Hodges Fra�MC, City Clerk City of Virginia Beach Virginia ------------ William D. Sessoms, Jr. Mayor CII�11�`LIJ/lS/I�lll UaL/1#111 0PY51v iff1YB��UI June 14, 2011