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NOVEMBER 22, 2O11 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At-Large VICE MAYOR LOU/S R. JONES, Bayside -District d GLENN R. DAV/S, Rose Hall -District 3 WILLIAM R. DeSTEPH, At-Large HARRY E. D/EZEL, Kempsville -District 2 ROBf:RTM. DYER, Centerville -District I BARBARA M. HENLEY, Princess Anne -District 7 JOHN D. MOSS, At-Large JOHN E. UHRIN, Beach District 6 ROSEMARY WILSON, AI-Large JAMl: S L. WOOD, lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER JAME'S K. SPORE CITY AT/'OItNEY -MARK D. ST!/,F,S CITY ASSESSOR - J6'RALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK -RUTH HODGES ERASER, MMC CITY COUNCIL AGENDA 22 NOVEMBER 2011 CITY HALL BUILD/NG 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23956-8005 PHONE: (757J 385-4303 FAX (757) 385-5669 E-MA/L: Ctycncl@vbgov.com I. CITY COUNCIL BRIEFING -Conference Room- 3:00 PM A. HOMELESS DONATION METERS Jim Davis, Chair -Resort Advisory Committee -Oceanfront Enhancement Andrew Friedman, Director -Housing and Neighborhood Preservation II. CITY MANAGER'S BRIEFINGS A. CHESAPEAKE BEACH FIRE STATION David Hansen, Deputy City Manager B. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director -Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room- A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL 4:30PM C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend, Randy Singer Pastor, Trinity 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. BID OPENING 1. Murden's Corner re Wireless Telecommunications I. PUBLIC COMMENT 1. Comp Plan re Virginia Aquarium and Owls Creek Area Master Plan J. PUBLIC HEARING 1. Local Real and/or Personal Property Exemptions a. Kids Quest Child Development Center b. Pin Ministry c. Virginia Sportsmen's Foundation, Inc. November 1, 2011 K. CONSENT AGENDA L. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Sections 2-122 and 2-123 re the role and membership and designate the Deferred Compensation Board as the Local Finance Board to manage the OPEB Trust b. Chapter 12 re Fire Prevention and Protection 2. Ordinances to DESIGNATE organizations EXEMPT from local personal property taxation a. Kids Quest Child Development Center b. Pin Ministry c. Virginia Sportsmen's Foundation, Inc. 3. Ordinance to AUTHORIZE an option to acquire land for $1,250,000 at 412 Oakmears Crescent (DISTRICT 2 - KEMPSVILLE) 4. Ordinance to AUTHORIZE a Request for Bids to lease space on a City-owned navigational aid tower ("Jetty Light 4") at Rudee Inlet re attaching, maintaining and operating weather data gathering equipment 5. Resolution to AUTHORIZE the City Manager to enroll the City in the National 100,000 Homes Campaign and DIRECT staff to support the campaign and its state and regional components re housing medically fragile homeless persons 6. Ordinance to ACCEPT the donation of a Pet Shelter trailer from the Hampton Roads Planning District Commission (HRPDC), to ESTABLISH atemporary/emergency Pet Shelter and AUTHORIZE the City Manager to execute an Agreement with the HRPDC 7. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned property for J. CHRISTIE and NANCY M. DAVENPORT to maintain an existing deck, fencing and a walkway for beach access at 4824 Bay Bridge Lane (DISTRICT 4 - BAYSIDE) 8. Resolution to SUPPORT the City's application for the FY 2013-14 Virginia Department of Transportation (VDOT) Revenue Sharing Program 9. Resolution re the City's annual General Assembly Legislative Agenda 10. Resolution COMMENDING Kevin Orth and Atlantic American Partners for their rehabilitation of Twin Canal Village Apartments re energy efficiency 11. Ordinances to ACCEPT and APPROPRIATE: a. $308,084 from the Virginia Compensation Board to the Clerk of the Circuit Court's Technology Trust Fund b. $20,489 from the U.S. Department of Justice to the Police Department and Sheriff's office re bullet proof vests c. $487,321 to the Police DEA Shared Asset Special Revenue Fund re various equipment and services, including canines e. Estimated donations and AUTHORIZE the continued operation of the Donation Meter Program and DIRECT the City Manager to include this program in the FY 2012-13 City Budget £ $829,483 from U.S. Department of Housing and Urban Development to Housing and Neighborhood Preservation re the Housing Choice Voucher Program (Section 8) M. 12. Ordinances to TRANSFER: a. $133,000 to the Parking Enterprise Fund re lease payments for Croatan beach and parking lot b. $135,667 to the Sheriff's Office re expanding medical services at the Corrections Center PLANNING I . Application of SEAN and JULIE GUSHING for a Subdivision Variance re a new single- family dwelling, workshop and storage at 2329 Vaughan Road (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION APPROVAL 2. Application of S. L. NUSBAUM REALTY COMPANY for a Street Closure at Hodgman Road and Hillock Crossing (DISTRICT 4 - BAYSIDE) RECOMMENDATION APPLICANT REQUESTS WITHDRAWAL Application of S. L. NUSBAUM REALTY COMPANY/USF PROPCO II, LLC for a Conditional Change of Zoning from B-2 Community Business and I-1 Light Industrial to A-18 Apartment at Diamond Springs Road and Northampton Blvd (DISTRICT 4 - BAYSIDE) RECOMMENDATION APPROVAL 4. Application of GAYLE H. JOHNSON and GAYLE H. JOHNSON, TRUSTEE UNDER THE EDITH D. KRATZ TRUST for a Nonconforming, Use to consolidate three (3) lots into one (1) site at 8304 and 8306 Ocean Front Avenue (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL Application of MOTHER SETON HOUSE T/A SETON YOUTH SHELTERS for a Modification of a Conditional Use Permit (approved March 25, 1977) to delete Condition No. 9 at 465 Kings Grant Road (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION N 6 7 8 APPROVAL Application of MARY L. KAUFMAN for a Conditional Use Permit re a residential kennel at 4281 Charity Neck Road (DISTRICT 7 -PRINCESS ANNE) RECOMMENDATION APPROVAL Application of CARING TRANSITIONS for a Conditional Use Permit re truck and trailer rentals at 229 South Rosemont Road (DISTRICT 3 -ROSE HALL DISTRICT) STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION APPROVAL Applications of MICHAEL D. SIFEN, INC. at Indian River Road and Kemps River Drive (DISTRICT 1 - CENTERVILLE): a. Change of Zoning District Classification from O-2 Office to Conditional B-lA limited community business b. Conditional Use Permit re a mini warehouse/self storage RECOMMENDATION APPROVAL 9. Application of ANNECY, L.L.C for a Change of Zoning~District Classification from AG-2 Agriculture to Conditional PDH-2 Planned Unit Development Overlay at 2812 North Landing Road (DISTRICT 7 -PRINCESS ANNE) RECOMMENDATION APPROVAL 10. Ordinance to REPEAL Section 1906 of the City Zoning Ordinance (CZO) re the Old Beach Design Review Committee RECOMMENDATION APPOINTMENTS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD PARKS and RECREATION COMMISSION PLANNING COMMISSION RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION DENIAL O P. Q UNFINISHED BUSINESS NEW BUSINESS ADJOURNMENT **~**~** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 i~C ~C 7~C ~ ~C ]F ~ ~C !~C ~ X CITY COUNCIL SESSION SCHEDULE Date Time Meetin December 6, 2011 TBA Briefings, Informal Session, Formal Session December 13, 2011 TBA Briefings, Informal Session, Formal Session January 3, 2012 TBA Back to the usual schedule Agenda 11/22/2011 gw -1- MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 22, 2011 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL BRIEFING re the HOMELESS DONATIONMETERS in the City Council Conference Room, Tuesday, November 22, 2011, at 3:00 P.M. Council Members Present.• Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., and John E. Uhrin Council Members Absent.• Rosemary Wilson [Family Holiday in New York City} James L. Wood [Out of the City) November 22, 2011 -2- CITY CDUNCILBRIEFING HOMELESS DONATIDNMETERS ITEM # 61392 3:00 P.M. Mike Eason, Resort Management Office, advised the HOMELESS DONATION METERS Briefing would be in two (2) parts. The ftrst portion would be relative the Pilot Meter Program. After a short introduction, Jim Davis, Chairman -Oceanfront Enhancement Committee reviewed the results and recommendations. Andrew Friedman, Director Housing and Neighborhood Preservation, discussed the method by which those funds were collected and utilized to assist those in need. on Hugest iu, cc t~~ the RAC Oceanfront Enhancement Committee and City Staff briefed City Council on a proposal to Install 8 donation meters along the boardwalk to address aggressive panhandling and provide an alternative method of collecting funds nom~ally given directly to panhandlers OEC Problem Statement: "The quality of life and visitor experience at the ocean front is being negatively impacted by behavior of certain people who may be experiencing homelessness." The following behaviors were the focus of concern: Aggressive and abusive actions against resident, tourist and businesses Panhandling Drunk and disorderly behavior in public • Sleeping on public and private property Urinating in public places • Belongings left unattended in parks and other places Process to Utilize Funds and Implement Actions: Establish advisory committee comprised of resort st~kehelders from faith organizations, non profits, city agencies and homeless persons Establish goals and objectives aligned with the OEC's goals Identify actions or initiatives to achieve the goals Direct funds collected thru the meter donation program to appropriate organization to implement Evaluate and Report Back: >~- Review progress with feedback from RAC and OEC Report back to Council after a year with recommendations ~~ Meters were installed in September zoio November 22, 2011 -3- HOMELESS DONATIONMETERS ITEM # 61392 (Continued) Jim Davis, Chairman -Resort Advisory Committee -Oceanfront Enhancement Concerningpublic reaction, numerous television reports andprint articles were written on Meter Donation. The WVEC news clip was displayed. November 22, 2011 -4- CITY COUNCIL BRIEFING HOMELESS DONATION METERS ITEM # 61392 (Continued) Relative collections inquired by Councilman DeSteph, Mr. Davis advised $2, 000 has been deposited in the meters plus $5, 000 in donations. The City funded the first $25,000 for the meters. Mike Eason advised the cost, shipping, painting and installing of the eight (8) old meters was $1,100. Councilman DeSteph noted $25, 000 was budgeted this year and again next. Relative the funding available to assist, Andy Friedman, Director -Housing and Neighborhood Preservation, advised $25, 000 was budgeted plus the $7, 000 go directly to the Homeless. $10, 000 was estimated as received,• therefore that was the appropriation. However, $7, 032 were received through the Sponsorships and direct deposits in the meter. The $25, 000 was budgeted and the $7, 000 resulted from collections and sponsorships. This was not the Program Operating Costs. Therefore, $32, 000 was available to assist the Homeless. Also last year, re appropriations: $50, 000 was directly targeted to Medical Assistance and $100, 000 to assist in the proposed Substance Abuse Faeility. • $~o,ooo with condition of spending only what is received through the program • To date: $7,o3z ~~ ~~; • $~75,00o for three areas based on input from the homeless and homeless providers • Homeless Assistance ($z5,ooo) • Medical Assistance ($50,000) • Regional Substance Abuse Project ($ioo,ooo) November 22, 2011 -5- CITY COUNCIL BRIEFING HOMELESS DONATION METERS ITEM # 61392 (Continued) America PIN Ministries Prescription $9,200 $2,000 Assistance Potter's House fdentification Card $9,000 $4,328 and more Assistance PATH/DHS HomelessSurvival $3,000 Staff Support from Assistance DHS DHNP Port-a-John for area. $1,000 around Convention .Center TOTALS $27,200 $10,331 ~• PINMinistries-Allocated$10,000for °~;~ Emergency Dental Program and Medical i + ~ Emergency or Vulnerability ` • Remaining to be Allocated and Expended ($40,000) • Contract pending with the Regional Task Force Business Enterprise to initiate the completed business plan to develop this initiative fully (Expect to expend the $100,000 over the course of the next year) November 22, 2011 -6- CITY COUNCIL BRIEFING HOMELESS DONATIONMETERS ITEM # 61392 (Continued) • Provided 1,195 tickets for the following type _, ~, -_. of activities: .;>, =~ a~`~~ i`" ~ .3~~' ~ '~ `~'~ - Medical/Mental Health/Substance Abuse - ~, Treatment • DMV for identification Cards • Travel to employment, housing-related searches and gaining additional services and educational opportunities • VA Center for benefits • Probation and court-related appointments • - • - • • , - $3,861 • Total served: 226 _`'~- = Includes hoto ID state ID birth certificate recovery and other assistance to receive a ~ ~~' valid state identification card through DMV ~ ~ ~ Filled 263 prescriptions for 116 unduplicated { individuals • Working on relationship with Mercy Dental Clinic • Spent $1,000 for two half-day sessions; _ received $6,773 worth of services (i.e. basic ~ exams, multiple tooth extractions, tooth repair and root canals) • Request from PIN Ministries to expand this service November 22, 2011 -~- CITY COUNCIL BRIEFING HOMELESS DONATIONMETERS ITEM # 61392 (Continued) ~~-~ Continue to augment these funds _ Y ~ ~ with the proceeds from the ' "Power of Change" program ~, k ~ Expand the marketing of "Power `w t of Change" r ,-e~ _~ ., ~`~ ~~~~ Continue to update our results ~., -~ quarterly ' F,;y . ~, _ __ __ e __w~~~~ _ The "Our Question "posed was: "Should we continue the program? " November 22, 2011 -8- CITY MANAGER `S BRIEFING CHESAPEAKE BEACH FIRE AND EMS STATION 3:22 P.M. ITEM # 61393 Councilman Moss's correspondence of November 15, 2011, re Chesapeake Beach Fire Station fund transfer is herby made a part of the record. There was concern re data contained in the City Manager's response. David Hansen, Deputy City Manager, noted the Project Timeline: Chesapeake Beach Fire & EMS Station Project Timeline / Aug. 12, 2011 / Sept. 22, 2017 / Oct. 10, 2011 / Nov. 10, 2011 ' Nov. 22, 2011 • Dec. 6, 2011 • January 2012 • July 2013 - Request for Proposals issued - Proposals due - Notice of Intent to Award - City Council Information Packet - City Council Briefing - Council Agenda Item - Award contract/Issue NTP - Project Complete Chesapeake Beach Fire & EMS Station .. ___.. .~. his SOUTH ELEVPTION ~~ November 22, 2011 -9- CITY MANAGER `S BRIEFING CHESAPEAKE BEACH FIRE AND EMS STATION ITEM # 61393 (Continued) Chesapeake Beach Fire & Rescue Station ~J ,~ ; _ ~~~ ~ ~ r~~ 3~~ ............. , ... EA4i ElfvnTlOH r ...-.~ r ~; A replacement facility is planned, that is scoped to be a 14, 000 square foot 2-story LEED certified Fire and Mercy Medical Service Station on a 10,100 square foot footprint, located on Shore Drive between North Hampton Boulevard and Greenwell Road. It is a Category II Hurricane design and has full emergency power. On May I5, 2011, the City's Engineering Department, along with the Procurement Office, issued a Request for Qualifications to firms that would quay to construct such a facility. Ten (10) design-build firms were prequalified. On August 12, a Request For Proposal (RFP) was issued to those ten (10) firms. On September 22, 2011, six (6) firms, depicted on the chart, responded to the RFP. Unfortunately, only one of the respondents was found to be compliant with the requirements of the RFP process Chesapeake Beach Fire & EMS Station P.G. Hauls $ 3,199,995.92 $529,112.00 $ 3,729,107.92 $ 3.7 Chesson $ 3,772,430.55 0.0 $ 3,772,430.55 $ 3.8 RitchlrCurhow $ 3,851,144.00 0.0 $ 3,851,144.00 $ 3.9 - Sauer $ 3;709;650.00 $257,000.00 $ 3,966,650.00 $ 4.0 Virtezco $ 4,184,250.00 0.0 $ .4,184,250,00 $ 4.2 Clancy & Theys $ 4,192,555.50 $533,743.50 $ 4,726,299.00 $ 4.7 November 22, 2011 -10- CITY MANAGER `S BRIEFING CHESAPEAKE BEACH FIRE AND EMS STATION ITEM # 61393 (Continued) 1-Change to fire pole 2 -Auto flush/faucet valves 3 -Ceramic showers 4 -Use 30 year shingles S -Use parapet wall 6 -Use 3 ply roof system 7 -Use manual partitions 8 -Provide compressor 9 -Install geothermal HVAC IO - Provide galy. Steel channels 11-Use porcelain file 12 -Use 3/4" raceways 13 -Provide copper wiring 14 -Provide full emergency power 1 ~ -Provide panel, switch, etc for egress lightin 16 -Provide dimming only in day/training room Tota $ - $ 17,475.00 $ 5,126.00 $ 2,340.00 $ - $ 40,930.00 $ 29,125.00 $ - $ 1,864.00' $ 9,436.50 $ 197,512.94 $ 12,81 S. 00 $ 32,817.75 $ 20,970.00 $ 16,310.00 $ 34,950.00 $ 13,980.00 $ - $ 18,640.00 l $ 375,383.19 $ g I53, 729,.00 Chesapeake Beach Fire & EMS Station Install the geothermal HVAC $197,513 Upgrade to LED Exterior lights $10,500 Upgrade to parabolic interior lights $8,400 DDC controls & energy recovery ventilators $112,238 Lighting Auto Controls $7,500 Building overhangs for passive shading 539,106 Subtotal $375,257 5.6Y Design $21,014 5% Contingency .519.&14 Total $416,085 November 22, 2011 -11- CITY MANAGER `S BRIEFING CHESAPEAKE BEACH FIRE AND EMS STATION ITEM # 61393 (Continued) Staff Recommendation • City Council authorizes transfer of Energy Performance CIP #3-140 funds to the Chesapeake Beach Fire Station CIP #3-244 in the amount of $416,085 so as to fund the energy saving LEED work items within the project and to add-back contract items designated for deletion due to proposal costs. Mr. Hansen responded to various questions posed: 1. What are the lessons learned from the application of the adopted procurement strategy in general, and more speci~rcally, what are its implications as to the under pricing of the approved Capital Improvement Program? John Moss Procurement Strategy: The City has been very successful with the design-build is Nov 2011 Memo to City Mgr construction delivery method. Our experience with design-build is as follows: - Completed Projects • Sandler Center for the Performing Arts • Police Dept. Helicopter Hangar • Grommet Park Restrooms • Animal Shelter, VB Animal Care and Adoption Center - Currently under contract: • Large Vehicle Repair Shop • Williams Farm Rec Center - In the RFP/Contract Award phase: • Chesapeake Beach Fire Station • Town Center Fire Station • Police Special Ops/Forensics/Evidence Complex lessons Learned: - Four successfully completed design build projects - All delivered on time and budget - No disputes or post construction litigation - Owner not responsible for design errors and omissions - Use both best value selection and acceptable proposal/low price selection methods What are the implications as to the under pricing of the CIP? We assume this to question our government estimate as to what the project might cost. Looks like the range of $264 - $300 per sf (design build) indicates the cost of construction is returning to pre-recession levels. For this project we estimated a design build cost of @$230/sf. November 22, 2011 -12- CITY MANAGER `S BRIEFING CHESAPEAKE BEACH FIRE AND EMS STATION ITEM # 61393 (Continued) 2. What was the actual cyst of the site acquisition? John Moss 15 Nov 2011 Memo to City Mgr • Listing price was $1,495,000 • Acquisition Cost: $1,359,500.75 • Closing: Nov, 2008 :, ~, ~~ ~~ ~ar~~ . ~; :: ~,~ ~ I ' ',~~ ~` .. ~ ,, _ _ , +-i,~~l_) 4 ~. r I ~ _ Y~ r~~ ~ ~~~ HH r fir, ti~ . .~,yt . •- t ,~ - ~ ~ y. \ v ~ ~~ ~ ~~ t, 3, Naw much was expended on A&£ support f or the development of the RFP and does the amount expended relate, to indastry benchmarks? What were the products delivered to the City for the amounts paid? Did we exceed the amount initially budgeted for RFP John Moss development A&E efforts? 15 Nov toll Memo to City Mgr • Expended on A&E support: Our architect was paid for development of the RFP in the amount of $90,000. We are not aware of any industry benchmarks for design build, but the $90,000 is 2.8 % of $3.2 million design build budget. This amount is within our anticipated range of bridging document preparation costs. • The AE delivered IAW the agreement: Four parts otthe five part RFP. Staff provided the Part One which are the contract agreement documents (boilerplate). - The four parts prepared by the AE are: • Part 2 -The Project Program and Description, a narrative defining the scope of the project. • Part 3 -The General Requirements addressing the contractor's responsibilities for contract administration. • Part4 -the Technical Specifications. • Part 5 -The drawings, floor plans, elevations, site plans. - Other engineering expenditures totaling $45,268 in support of project included: • hazards material report (asbestos, lead, etc.) • geotechnical subsurface investigation (soils report or structural analysis) • environmental assessments, Phase I and II • geothermal conductivity test report • ground water sampling Design: $300K • additional specifications for contaminated soils Acquisition: $1.6M • VPDES Permit, for discharge of any contaminated ground water Construction $2.7M • Soils and ground water testing during construction FFE: $261K • Topographic site survey Contingency: $263K ,, • Exceed budget: No. The Budgeted Amount is $5,248,800 November 22, 2011 -13- CITY MANAGER `S BRIEFING CHESAPEAKE BEACH FIRE AND EMS STATION ITEM # 61393 (Continued) 4. Whaf is the reasoning that precludes us from following the industry's practice of building a standard footprint to minimize non-recurring engineering and architectural e~enses? John Moss 15 Nov 2011 Memo to City Mgr Standard footprint to minimize A&E expenses: The design and footprint of the building are driven by the configuration of the parcel and by the size of the building. However, in the case of fire station projects, the First Landing Station has become the model for functionally, adjacencies, and material selections. Those design features were used in developing the Chesapeake Beach project. Additionally, the City has different design guidelines depending on location. The Chesapeake Beach station is following the Shore Drive design guidelines and the Town Center station will follow the Pembroke Central Business District design guidelines. 5. What is the breakdown of the $3.Z-Million by the items Mr, Hansen identified in his letter to you on October 25, 2011, ["completing the design, all construction activities, contingencies for contaminated soils, ground water and unit work for unsuitable soils and soil disposal ")? John Moss 15 Nov 2011 Memo to City Mgr • Breakdown of the $3.2-Million for the design build contract: - Design: $300,000 - Construction: $2,700,000 - Contingencies: $200,000 November 22, 2011 -14- CITY MANAGER `S BRIEFING CHESAPEAKE BEACH FIRE AND EMS STATION ITEM # 61393 (Continued) 6. for the site acquired, did we extract soil sample cores to evaluate far contaminated soils? John Moss 15 Nov 2011 Memo to City Mgr • No - we did not extract soil samples cores to evaluate for contaminated soils • When the City acquired the site, a Phase I Environment Site Assessment was provided by the broker. Research indicated that there had been leaking underground storage tanks. However, those tanks were closed (removed) by the previous owner and verified by the DEQ. Though detectable levels of petroleum contamination was left on site, the DEQ issued a "no further action" findings. 7. If Ves, did the samples reveal contamination? If the samples revealed contaminated soils, how was the price adjusted for the City assuming responsibility for clean-up? John Moss 15 Nov 2011 Memo to City Mgr • If Yes: Not applicable November 22, 2011 -IS- CITY MANAGER `S BRIEFING CHESAPEAKE BEACH FIRE AND EMS STATION ITEM # 61393 (Continued) 8. If No, has the City subsequently identified contaminatedsoils? If Yes, how was the contamination identified and what is the remediation method and cost? (1 ask this question John Moss because of Mr. Hansen's Memo to you.J 15 Nov 2011 Memo to City Mgr • No, the presence of contaminated soils was known at time of site acquisition. We acquired the parcel for $150K less than the listing price. • In preparing the RFP for this project, we have taken a very conservative approach in mitigating this contingency. We have provided specifications for handling and disposal of contaminated soils and handling contaminated ground water, if those conditions are encountered. We have included contingency allowances, established unit price work, and will have test agencies on site during construction to monitor contractor operations during this phase of the work. Essentially, we have planned for the worst case. - $100,000 for the unit price work (line item allowance) • $50/cy undercut & excavation • $55/ton treatment and disposal - 9. For the site acquired, if soil samples were taken, did they reveal unsuitable soils? !f Yes, please explain in more detail what are the factors causing the soils to be unsuitable and, therefore, requiring remediation? John Moss 15 Nov 2011 Memo to City Mgr • Unsuitable soils focuses on the structural integrity of soils encountered at the design depths of excavations. In Virginia Beach, it is typical to encounter unsuitable soils. While we provided soil boring information, it is still very possible to encounter soils unsuitable for construction. To manage this contingency, we include an allowance for the cost, if incurred, and established the unit price for the work. • Unsuitable soils: From the same $100,000 allowance for unit price work: a. Machine excavation and disposal off site - $20.00/cy b. Hand excavation & disposal off site - $50.00/cy c. Compacted select backfill - $20.00/cy d. Compacted Stone backfill - $25.00/cy e. Machine excavation and disposal on site - $6/cy f. Hand excavation & disposal on site - $40.00/cy November 22, 2011 -16- CITY MANAGER `S BRIEFING CHESAPEAKE BEACH FIRE AND EMS STATION ITEM # 61393 (Continued) 10. Mr. Hansen's Memo notes that $550,000 is now being retained for procurements outside the design-build contract. What was the initial amount budgeted? What trades were made to get to the $550,000 amount, if the initial j~gure in the adopted CIP was greater? If the trades were far products with shorter productive life spans, lower mean time between failure parameters, etc, how were the opportunities costs for the trades incorporated into the total cost of ownership equation for the facility? ,ohn Mo55 15 Nov 2011 Memo to pity Mgr • CIP3-244 (page 3-10) reflects: - FFE at $261,000 - Contingencies as $362, 500 • The $550,000 retained outside of the design-build contract are for: - Furniture and Fixtures at $225,000 - Phones, computers, radios (equipment, service, installations) at $75,000 - Contingencies at $250,000 • No trades were made to affect this reduction. Once the construction scope was developed the additional budgeted amount for the FFE and contingencies, along with the unused acquisition costs, were added to the amount available for construction. • The design and construction amount was raised to $3.2M. The CIP reflects Design at $300K and Construction at $2.7M 11. Please provide the.total ownership cost calculations, jto include depreciation expense and the discount rate that was applied, as well as assumptionsJ, when the A&E analysis was performed to determine the payback period for LfED certification investments. John Moss 15 Nov 2011 Memo to City Mgr • The total cost of ownership was not calculated. We do not typically perform those types of analysis for replacement facilities other than to evaluate changes in positions ,operating and maintenance costs. As we have established the need to replace this fire station our intent is to design and construct a facility that has proven functionality and incorporates reasonable energy efficiencies. No additional personnel are planned for this new station. • As the current City policy is to achieve a basic level of LEED certification for new City buildings over 10,000 sf we incorporate geothermal and efficient lighting as our principal savers. For planning purposes we use a 13 year and a 5 year R01 respectively. • We also incorporate requirements of our Building Maintenance Division for such items as roofing, exterior & interior surfaces, flooring, plumbing and electrical. We incorporate our City's Building Maintenance Design Standards within our RFPs so that our preferred materials and equipment are included in the project. ~. November 22, 2011 -17- CITY MANAGER `S BRIEFING CHESAPEAKE BEACH FIRE AND EMS STATION ITEM # 61393 (Continued) 12, Per the table in Mr. Hansen's letter, the delta be ore adjustments between P. G, Harris and Chesson (apple-ta-apple comparison) was only $43,32263 (rounding in the table in Mr, Hansen's Memo overstated the delta by $61,000). Why did not the City approach Chesson to see what price they would quote for the revised requirement? a. Mr, Hansen, in his Memo, noted he is recommending adding back $375,393.19 of requirements do Page 2, adding back 11 items of the 16 Alternatives initially deleted to get within the appropriated John Moss 15 Nov 2011 and unobligated funds for the project. Memo to City Mgr Why did not the City approach Chesson to see what price they would quote for the revised requirement? A requirement of the RFP was that proposals would not exceed $3.2 million. If the proposal did exceed that limit, it would be considered non-responsive and would not be evaluated. With the concurrence of the Purchasing Agent and the City Attorney's Office, P.G. Harris offered the only RFP compliant proposal and would be the only firm for the City to continue with negotiations. 13. What is the reasoning for ceramic showers over fiberglass? Most people have them in their homes and, by industry standards, they are easier to clean. John Moss 15 Nov 2011 Memo to City Mgr • Ceramic vs. fiberglass showers: While fiberglass showers are suitable for residential use, due to the heavy utilization in a fire station and the need for durable surfaces, it is recommended that ceramic the be used in the shower areas. • Warranty on fiberglass showers is 10 years for residential and 3 years commercial. • Ceramic the will last 20 years. • The service life of a fire station is 40 years +. November 22, 2011 -18- CITY MANAGER `S BRIEFING CHESAPEAKE BEACH FIRE AND EMS STATION ITEM # 61393 (Continued) 14. Item 11 on Page 8 of the "Proposed Alternatives" - - where is the porcelain file being applied, Why and at what per square cost? Joh^ Moss 15 Nov 2011 Memo to City Mgr • Porcelain Tile: According to the square footages on the room sheets, there is a total of 4677 SF that was to be covered in porcelain floor tile, including lobbies, corridors, kitchen/dining and the laundry. P.G Harris proposes to use Vinyl Composition Tile in these areas for a savings of $32,818, or about $7/SF. • Not affected by this would be any of the toilet or shower facilities: porcelain the would remain in the three small public toilet rooms, and all of the private toilet rooms have mosaic the instead of porcelain tile. Depending upon type, size and thickness, the estimated cost for provision and installation of porcelain the ranges from about $10/SF to $11.50/SF; VCT ranges from $2 - $4/SF, for a difference of about $7.50 - $8/SF, not far off from the square foot savings proposed by P.G. Harris. This cost information is from the 2012 RS Means Building Construction Cost Data. • FD requested the use of porcelain the for its durability and is essentially maintenance free. Using VCT requires stripping and waxing of the floor which requires time-cleaning of the station is done by firefighters- which is not done by cleaning contractors as done throughout the city. There is an "economy of scales" by saving wax, floor stripper, and labor costs by using porcelain the over the life cycle of the station. 15. Item 6 on Page $ of the "Proposed Alternatives" - - what is the dif ference between the acceptance of the risk of not installing 30-year shingles and adding back use of 3-ply roof system? First, did 1 read the table correctly? !f t did, what is the life of the 3-ply roof ? John Moss 15 Nov 2011 Memo to City Mgr Roofing Systems: There are two types of roofing included in the project: flat roof and mansards. The City standard for flat roofs is the 3-ply membrane cold-applied system. The alternative was to use asingle-sheet membrane system. It was recommended that a 3 ply built-up roof be utilized for the flat portion of the roof on the fire station rather than a single membrane roof. This is alternative #6. The expected life of a 3 ply built-up roof is 20 to 25 years and the expected life of a single ply roof is 8 to 10 years. The 30 year shingles were recommended on the sloping mansard roof and the overhangs in lieu of a standing seam metal roof. While the shingle roof and the standing seam metal roof have similar expected life periods, the shingle roof is easier to maintain and repair. As such, we accepted that alternative at a savings of $40,930.00. November 22, 2011 -19- CITY MANAGER`S BRIEFING CHESAPEAKE BEACH FIRE AND EMS STATION ITEM # 61393 (Continued) 16. Why are you not recommending other sources of funding other than C1P #3-140 (°Energy Performance" project) as the source of funding? you just reported a dredging project that came in -$ISO,OOD under the amount budgeted. Reducing our cost should be a top priority, am certain that if we took a look at the sweep-up balances of C!P projects, additional funds on top of the $250,000 would be found. Should you fall short, the same source being looked at to subsidize a Convention Hotel certainly could fill in the gap. The opportunity cost of the cost overrun on the fire station is the energy savings that $416,085 would generate if invested else- where. If an analysis of the energy projects across the City that could be funded with $416,085 has been conducted, proving the CIP l#3-144 energy savings features (Page 9 of the Brief] are the highest and best use, that is great and proactive thinking. !would just like a copy, for my awn edification. My concern is that we may be losing opportunities to reduce energy consumption where there is a solid business case. John Moss 15 Nov 2011 Memo to City Mgr Staff Responses to #16 • As the October Bid Report from the City Manager reflected, our Engineer's Estimate for the Crab Creek Dredging was $360,000, the low bid was $242,500. • The difference between $360K and $242.5K is $117,500. The Engineer's Estimate is not the "amount budgeted". It reflects the amount that must be available in the appropriate accounts before we bid the project. This is an estimation of the potential quantities needed to be removed and the possible construction costs to accomplish it. CIP 8-004 Various Minor Dredging Projects had $248,326 added in the FY12 budget. • This is a unit price, per cubic yard, contract -Because the work is not complete the final cost cannot be determined until the last of the hydrographic surveys are performed and the volume dredged is calculated. The $117,500 difference between the Engineer's Estimate and the low bid is still, in part, in play. • The Crab Creek Channel is dredged every year under the Various Minor Dredging CIP #8-004. Any savings that occur with this year's contract just reduces the amount needed in future appropriations to this CIP project. This is an on-going maintenance project, which is distinctly different from one-time construction projects like buildings or roads. It should be noted that our Coastal maintenance projects (Rudee, Lynnhaven, Beach Replenishment, Various Minor Dredging) are funded cumulatively, that balances are carried forward purposefully. and fund balances are combined with new appropriations to allow the letting of the new years maintenance contracts. November 22, 2011 -20- CITY MANAGER `S BRIEFING CHESAPEAKE BEACH FIRE AND EMS STATION ITEM # 61393 (Continued Staff Responses to #16 continued As for using CIP# 3-244, Energy contracts to assist in providing our established top energy savers: Lighting, and Geothermal we feel are legitimate contributors to creating energy efficient buildings. The ROI's we use in planning for these are @ 5 and 13 years respectively so in a 40 year+ building we see this as a fiscally sound strategy. Here are comparables on the payback for geothermal. - Sandbridge FS uses s7 KBTUs/s.f./year, which has a geothermal system - Princess Anne FS uses 109 KBTUS/s.f./year, which does not have a geothermal system - Both stations are 14,000 s.f. - The delta is s2 KBTUs/s.f./year which equals is KWH/s.f. -year - 15 KWH/s.f./year X 14,000 s.f. (the new CBFS) = 210,000 KWH saved per year. - At $0.08/KWH = $16,800/year. - The cost to upgrade (buy back) the geothermal is $197,513. - That cost divided by the savings per year = a 11.7 year payback - That would be a good investment fora 40 to 50 year life on a typical City building. Further, maintenance and replacement over the years would be for the equipment, and not the geothermal piping in the ground. Using our road program or coastal program does not seem applicable. Recently we reviewed with Council all excess/unused funds in the roads program and moved the majority to fund additional road work. Mr. Hansen cited the Staff Recommendation: Staff Recommendation City Council authorizes transfer of Energy Performance CIP #3-140 funds to the Chesapeake Beach Fire Station CIP #3-244 in the amount of $416,085 so as to fund the energy saving LEED work items within the project and to add-back contract items designated for deletion due to proposal costs. With Council permission an ordinance item will be placed on the December 6 Agenda for formal vote. Councilman Moss requested more than a one source alternative for funding the $400, 000. Councilman Moss stated to give decision makers only one choice is not good service. Councilman Moss requested Staff illustrate three (3) or four (4) other Capital Projects that are concluded which have funds available. Councilman Moss was confident there are expense projects that have reserve balances. An array of choices to find the $400, 000 should be presented. Councilman DeSteph requested a copy of the City Policy re buildings over 10,000 square feet must have LEED certification. The staff advised an Administrative Directive contains this verbiage. November 22, 2011 -21- CITY MANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 61394 4:00 P.M. Patricia Phillips, Director of Finance, presented the 2011 Interim Financial Statement for the City and School Board four (4) months ended October 31, 2011. As indicated in the memo from Mrs. Phillips, General Fund revenues-to-date total $138.8 MILLION. This amount represents 14.6% of the budgeted revenues and is ahead of prior years. As typical for this time of year, a lot less has been collected than expended. FY 2012 General Fund Revenues and Expenditures Compared to Budget Thru October 31, 2011 (in millions) Annual YTD Budeet Actual Variance Revenues Local (81.1%ofbudget) $ 767.4 $ 104.4 $ (663.0) State (16.6%ofbudget) 162.3 28.1 (134.2) Federal (2.3%ofbudget) 21.8 6.3 (15.5) Total Revenues $ 951.5 $ 138.8 $ (812.7) Expenditures/Encumbrances City Operations $ 599.7 $ 242.9 $ 356.8 City Capital Projects 35.6 11.8 23.8 School Operations 354.1 118.0 236.1 Schools Capital Projects 4. I 1.4 2.7 Total Expenditures/Encumbrances $ 993.5 $ 374.1 $ 619.4 Less Amounts Funded from Fund Balance Outstanding Encumbrance at 6/30/11 $ 8.0 Approved Canyover Requests 1.4 City Capital Projects 26.4 City Operating Budget 6.2 Adjusted Expenditures/Encumbrances $ 951.5 FY 2012 Year-To-Date General Fund Revenues Compared to Historic Trend October 31, 2011 188.8 % 100 go% ° 60 i C 58.3 54.7 F° 49.1 ° 40 % 45.2 c 42.2 o. 20 % 23.3 14.6 4.4'% 8.3 % t3.0 1.7 % 8.7 0 % 4.0 Jul Aup Sep Oct Nov Dec Ja° Feb Mar Apr May Jun '. •~MRev Trend ~%~"/o o(FY12 Rev Budget ' YTD ACTUAL = $138.8M ANNUAL BUDGET = $951.SM 72.3 % November 22, 2011 -22- CITY MANAGER `S BRIEFING INTERIM FINANCL4L STATEMENT ITEM # 61394 (Continued) The Revenues are not received evenly. FY 2012 -General Fund Revenues • Total Revenue follows the Trendline • Includes Tax Relief for Elderly & Disabled of $15.3M • Includes delinquents from June 2011 • Several items are on a 1 - 2 month lag • Business License tax (BPOL) due in March 2012 • Real Estate installments due December 5, 2011 and June 5, 2012 • Local Annual Personal Property tax due June 5, 2012 a Real Estate Revenues General Fund Portion Only October 31, 2008 - 2012 s500 -F ~ ~y79 1 I r saoo c 0 5300 - • c d y 5200 o: 5100 so a 25% 20 % c 15% o u d O U 10% F `o a 4.9% 5% o% FY 2012 Ed9S.0 SSt11 a 54 BUDGET s420.8 . 1 I ( -~ J 3 % 4.6% a.e~ a.o % . b18.3 b18.7 f2D.8 520.7 FY 2005 FY 2008 FV 2010 FV 2011 t'ACtual Collections S~YTD -F % of Total *Total Citywide Budget of $459.3M Real Estate Tax Revenues are $20. S-MILLION year-to-date, which is a decrease $166, 743 from FY 2011. To date, 4.9% of budgeted Real Estate Tax revenue has been collected, primarily representing delinquent payments on the June 6, 2011, tax bills. Collections-to-date for Personal Property of $16.7-MILLION represents prior year delinquents and current year supplemental billings The Budget for Real Estate is actually $31-MILLION less than collected last year. The "orange bars" are actually the previous collections for the past four (4) years. The Yellow Bar is the current year budget and the "Maureen color" is `year-to-date "actual for the same point for each of the years. November 22, 2011 -23- CITY MANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 61394 (Continued) The Real Estate Revenue includes Tax Relief for the Elderly in the amount of $IS-MILLION. However, most of the Real Estate collections are delinquencies. Approximately 23.9% of the budget has been collected re Personal Property Taxes. -__ Personal Property Taxes (excludes PPTRA) October 31, 2008 - 2012 689 ~ _ _` --- __ -. ._.._ -^---- SC% 573.1 BUDGET 569.8 568.1 $65.5 ao% 6so f s7.8 n c 0 0 p JO% u y f o m Sao la 23.9%..... A ~ o Z1.6% 20% c ~ e 17.9 16.6 szo 517.4 516.7 f12.1 ~ 512.2 - f12.5 10% 60 0 % FY 2008 FY 2009 FY 2010 FV 2011 FY 2012 ©Actual Collections e~YTD -~M-~°h of Total General Sales Tax is at 27.7% of Budget and doing well. Year-to-date has increased 3.5%. Preliminary information re the November collection shows it may be going down. ~ General Sales Taxes October 31, 2008 - 2012 3.5%Up from FY71 FAVORABLE TREND Ss0 BUDGET 35a 1 551.4 550.3 f5LT 653.0 so% as _. 6 i M c Sao { 28.0% ~'2% 7,9°°{0 ~ 7.5% 7.7% ao% '~ d 0 U F ~ 0 X zoY 515.1 f15.0 514.0 " 514.2 514.7 Stb o S 0% S FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 [Actual Collections ~YTD ~% of Total / \ \• / November 22, 2011 -24- CITY MANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 61394 (Continued) General Sales Taxes Collections Monthly %Change from FY11 to FY12 10.0% 10.4% -"-- _._._._-...--- 7.4 % b.9% 5.4% '~. 4.3% .......... ...- 5.0°h -.__.-._.~_.._ -..__. ..___~--__._---._.. --. _-___ ~ 4.1 % 1.0°h +~ 1.5% o.o% _~..~, ~.~ .~F,R _ .nm. ~, ~ .~.,~ ~„~. ~ m +7 -1.2 % t s.g% - ---__ ---- -. _.--__ _._.._ -to.o% L ..._--- - __... _..--- ----------- ---- ----- ..........._ -.-.....-... ----- _ -.. _.._........- .._........- 'JV y~4Q OG1 ?~, O~6 ~p~ ~4~ ~ 1J ?~ ~ ~~ ~ ~J ~~~Monthly %Change from PY * Collections lag sales by 2 months S30 -..--..- 60% 525 45% S20 c o 0 ~ d _ ~ U ~ b16 ~ 30% ~ > ' r ` C o S10 15% 55 SO +- 0% FY 2008 FY 2009 FY 2010 FV 2011 FY 2012 tActual Collections ti~YTD t% of Total November 22, 2011 Telecommunications Taxes October 31, 2008 - 2012 -25- CITY MANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 61394 (Continued) Hotel Room Taxes General Fund Portion Only October 31, 2008 - 2012 - Sb --- --- -- ----- -~ - -- - -- - ~ ,60% BUDGET 56.5 55.5 55.4 55.2 55.2 80% Sb 63.3% 65.5 % r 64.3°/ - 65,6% 66.0 c S4 o 3.6 60% 53.6 c °- ~ 53.4 f3.4 53.3 0 o N a U ~ S7 :°. c ~ 40% ~ o F ` v ~ o e 20% S1 o% SO FY 2008 _ FY 2009 FY 2010 FY 2011 FY 2012 t~Actual Collections ~YTD ~-% of Total Total Hotel Room Taxes October 31, 2008 - 2012 ~ ~ B UDGET 525 80 % S20 N c o C 60 % c __ ~ o o ~ Sib U A ~ H 40 % y O ~ S10 ~ 20% Sb o % so FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 [..,,Actual Collections ~YTD -F- % of Total 12 November 22, 2011 -26- CITY MANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 61394 (Continued) Restaurant Meal Taxes General Fund Portion Only October 31, 2008 - 2012 3.6 % Up from FY11 FAVORABLE TREND BUDGET 532.3 5329 802 530.6 530.8 530.9 60% c ~ o sza ~ f _", 38.5 '~ 37.9% 38.6% 35.0% d 38.0% 40% ~ ~ o c F v `o ~ 816 j12.7 °~ 571.6 f11.9 511.7 - 7:512.2 20M. Sa 9i so FY 2008 FY 2009 FY 2010 FY 2011 FY 20i2 t~Acmal Collections ~YTD -~% of Total November 22, 2011 -27- CITY MANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 61394 (Continued) Total Restaurant Meal Taxes October 31, 2008 - 2012 S60 _...... ....... .. .__.._..._..._......._......... ._....._..._..._ .~...._.._..__..__..........___........_ ......... .........._.. 80% 3.6 % Up from FYt t _ ~ FAVOR.48LE TREND BUDGET Sb0.6 51.8 548.1 E48:3 S4e.4 `. SOS - - 60 % c 0 c r-~ 0 M o B.U°S q ' 38.6°!0 38.0% 38.0% 38.6 % ~ w Sao ao% e ~ ~ c ~ `o ~ ~ 518.2 - 578.7 518.4 519.2 518.9 S76 - ~ - 20% So FY 2008 FY 2uil5 FY 2010 FY 2017 FY 2072 i ®Adual Collections a~ VTD t% 07 Total November 22, 2011 -28- CITY MANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 61394 (Continued) Summary of City's General Fund Revenues October 31, 2011 (in millions) ~~7 _~ ~ - -- ~~FY2012 YFD Budget $ % Tread * Real Fstate Taxes $ 420.8 $ 20.5 4.9 % F Personal Property Taxes 69.8 16.7 23.9 U PPTRA 53.4 - 0.0 A I General Sales Tax 53.0 14.7 27.7 F '~ Utility Taxes 25.5 5.9 22.9 U i, Telecommunications Tames 20.2 3.4 16.9 U ', Business Licenses 41.3 1.0 2.4 A * Hotel Taxes 5.5 3.6 66.0 F * Restaurant Taxes 32.9 12.7 38.5 F Charges for Services 46.9 11.5 24.4 F Other Local Revenues 51.5 14.4 28.0 F * State Revenues 108.9 28.1 25.8 F * Federal Revenues 21.8 6.3 28.8 F $ 951.5 $ 138.8 14.6 % F * GFportion only 1r=Favorable A=Acceptable U=Unfavorable Concerning Telecommunications Tax, the Budget is slightly more than collected last year and quite possibly this tax will not be collectable. FY 2012 Year-To-Date General Fund Expenditures Compared to Historic Trend October 31, 2011 loo% ~ia.l % YTD ACTUAL = $374.1 M-1 ss.? so% ANNUAL BUDGET = $993.SM ~ G4.7 %u e ~ 62.0 % w 60 % 53.2%r W F° 45.8° `0 38.4% ~ 40 ~ 37.7 %. y° 28.R`%. I8.1'% 2A.5 20 11.0'7 12l% 9.9 % 0% Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun _. __._ w~Expendrture Trend ~%%of FYl2 Exp Budges I ~~g November 22, 2011 -29- CITY MANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 61394 (Continued) FY 2012 Year To Date General Fund Revenues & Expenditures Compared to Historic Trend At October 31, 2011 [1111.° ~, t°B % 9a.1~, . 80 tiz.n^ a bo % ~.xs"., W ~3.2'7J F 45.8"'/0 4),Y% ° 38.4'% ~Is1-%, 40% 4L?'% ` 37.1 % Pi 28.8';m 28.5"/° 18.1 % 23.3'% 20 % ° ILO°r~ ~ 14.6% 9.9% 8'3°' 13.0% 1.7 % 4~ 4 7 0 % ~""' Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun -1-Rev Trend -al-%of FY12 Rev Budget ^E<penditurc Trend ~~ % of FY 12 E.cp Budget ' General Fund FY 2012 Expenditures • Total at October 31, 2011: • $374.1M, or 37.7%, of $993.SM Budget • Summary of Actual Expenditures Under Budget at June 30: (in millions Total "/~ of Total Budget City 'i~ of City Budgct Schools 2008 Actual $55.5 5.1% $20.2 2.8% $35.3 2009 Actual $39.6 3.5% $24.7 3.2% $14.9 2010 Actual $45.3 4.1% $27.6 3.6% $17.7 2011 (Actual) $32.1 3.1 % $22.4 3.2% $9.7 2¢ ACTUAL REVENUES = $138.8M s5.1 r~~ ®r ~ ACTUAL EXPENDITURES= $374.1 M X9.1 i ''-~' November 22, 2011 -30- CITY MANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 61394 (Continued) Next Steps • Continue to monitor revenues in FY 12 • Real Estate -December/June • Business License -March • Personal Property - April/May • Audited Financial Statements for FY11 briefing -December 13th • November Interim -December 13th • Proposed Budget presented -March 27, 2012 ~x L The School Operating revenues are still tracking satisfactorily compared to the budget, with $224.2- Million collected-to-date, and include budgeted transfers of $9.3-Million from other School funds. Expenditures of $200.7-Million are $l.9-Million more than the prior fiscal year to-date. The School's portion of debt service is now directly accounted for in the School Operating Func~G November 22, 2011 -31- CITY COUNCIL COMMENTS 4:12 P.M. ITEM # 61395 Councilman Dyer advised he is a Member of the Governor's Task Force for Review of Mandates, which met near Charlottesville over the weekend. The Committee has reviewed over six hundred (600) Unfunded Mandates. Hopefully, 15% of the funds can be either eliminated or modified and a Moratorium be established on Unfunded Mandates. The Governor has requested the Task Force provide recommendations by early December. ITEM # 61396 Councilman Dyer spoke with Council Lady Wilson re meeting with the Legislative Delegation earlier. The Process Improvement Steering Committee has been reviewing the Permit Process and is pleased many of the preliminary reports indicate the City is much better than many of the neighboring localities. The intent is to make a good system even better and more efficient. This is a tedious process to receive information from the localities throughout the State. Councilman Dyer suggested this concept be scheduled for a Briefing at a December Workshop. Councilman Diezel referenced a lack of understanding with the Permit Process. There may be an educational opportunity to assist when an Architect submits an application for a client to be assured he has at least examined the internal and external requirements. Councilman Diezel cited the example of the establishment of the Lillian Vernon firm. Councilman Dyer concurred with the suggestions of Councilman Diezel. ITEM # 61397 Councilman DeSteph, Liaison, advised The Bikeways/Trails Advisory Committee, held an exceptional meeting last evening, November 21, 2011. Media and Communications, performed exceptionally with the impressive video "Share the Road Program ". ITEM # 61398 Councilman DeSteph referenced the School Funding Formula. The City Manager and Superintendent Merrill are reviewing possibilities. City Manager Spore advised he met with the Superintendent this morning and hopes to meet again next Tuesday. Relative, the Budget, the City Manager plans to schedule an item for the City Council Session of December 6, 2011. ITEM # 61399 Councilman DeSteph expressed concern re the disrespectful tone of the Staff's Briefing relative Council Members written questions on the Chesapeake Fire Station, as well as other Briefings in the past. November 22, 2011 -32- CITY COUNCILCOMMENTS ITEM # 61400 Councilman DeSteph referenced the proposed 2012 General Assembly Session Reception on Thursday, December 8, 2011, at 7:30 P.M., Town Center City Club, Armada Hoffler Building. The Reception will be to discuss the upcoming General Assembly Session items from the School Board and City Council's respective Legislative Agendas. Said correspondence is hereby made a part of the record. Mayor Sessoms believes the Staff is attempting to determine if another date is available. Councilman Moss distributed an a-mail concerning Items on the Agenda for response by the City Manager. Said e-mail is hereby made a part of the record. November 22, 2011 -33- AGENDA REVIEW SESSION 4:23 P.M. ITEM # 61401 BY CONSENSUS, the following shall compose the CONSENT AGENDA: L. ORDINANCES/RESOLUTIONS L Ordinances to AMEND the City Code: a. Sections 2-122 and 2-123 re the role and membership and designate the Deferred Compensation Board as the Local Finance Board to manage the OPEB Trust b. Chapter 12 re Fire Prevention and Protection 2.Ordinances to DESIGNATE organizations EXEMPT from local personal property taxation a. Kids Quest Child Development Center b. Pin Ministry (shall be DEFERRED, BY CONSENT, sixty (60 days) c. Virginia Sportsmen's Foundation, Inc. 3. Ordinance to AUTHORIZE an option to acquire land for ~1, 250, 000 at 412 Oakmears Crescent (DISTRICT 2 - KEMPSVILLE) 4. Ordinance to AUTHORIZE a Request for Bids to lease space on a City-owned navigational aid tower ("Jetty Light 4') at Rudee Inlet re attaching, maintaining and operating weather data gathering equipment S. Resolution to AUTHORIZE the City Manager to enroll the City in the National 100, 000 Homes Campaign and DIRECT staff to support the campaign and its state and regional components re housing medically fragile homeless persons 6. Ordinance to ACCEPT the donation of a Pet Shelter trailer from the Hampton Roads Planning District Commission (HRPDC), to ESTABLISH atemporary/emergency Pet Shelter and AUTHORIZE the City Manager to execute an Agreement with the HRPDC 7. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned property for J. CHRISTIE and NANCYM. DAVENPORT to maintain an existing deck, fencing and a walkway for beach access at 4824 Bay Bridge Lane (DISTRICT 4 - BAYSIDE) 8. Resolution to SUPPORT the City's application for the FY 2012-13 ~'°'~T Virginia Department of Transportation (VDOT) Revenue Sharing Program (shall be ADOPTED, BY CONSENT, AS REVISED. November 22, 2011 -34- AGENDA REVIEW SESSION ITEM # 61401 (Continued) 9. Resolution re the City's annual General Assembly Legislative Agenda(shall be pulled for discussion) 10. Resolution COMMENDING Kevin Orth and Atlantic American Partners for their rehabilitation of Twin Canal Village Apartments re energy efficiency. (shall be DEFERRED, BY CONSENT, until December 6, 2011) Il. Ordinances to ACCEPT and APPROPRIATE: a. $308, 084 from the Virginia Compensation Board to the Clerk of the Circuit Court's Technology Trust Fund b. $20, 489 from the U. S. Department of Justice to the Police Department and Sheriff's office re bullet proof vests c. $487, 321 to the Police DEA Shared Asset Special Revenue Fund re various equipment and services, including canines d.Estimated donations and AUTHORIZE the continued operation of the Donation Meter Program and DIRECT the City Manager to include this program in the FY 2012-13 City Budget e. $829,483 from U.S. Department of Housing and Urban Development to Housing and Neighborhood Preservation re the Housing Choice Voucher Program (Section 8) 12. Ordinances to TRANSFER: a. $133, 000 to the Parking Enterprise Fund re lease payments for Croatan beach and parking lot b. $135, 667 to the Sheriff's Office re expanding medical services at the Corrections Center Item L.8 (VDOT) Revenue Sharing Program shall be ADOPTED, BY CONSENT, AS REVISED. Item L. 9. (General Assembly Legislative Agenda) shall be pulled for discussion Item L.10 (Twin Canal Village Apartments) shall be DEFERRED, BY CONSENT, until the City Council Session of December 6, 2011. November 22, 2011 -35- AGENDA REVIEW SESSION ITEM # 61402 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: M. PLANNING 1. Application of SEAN and JULIE GUSHING for a Subdivision Variance re a new single family dwelling, workshop and storage at 2329 Vaughan Road (DISTRICT 7 - PRINCESSANNE) 2. Application of S. L. NUSBAUM REALTY COMPANY for a Street Closure at Hodgman Road and Hillock Crossing (DISTRICT 4 - BAYSIDE) 3. Application of S. L. NUSBA UM REALTY COMPANY/USF PROPCO II, LLC for a Conditional Change o Zoning from B-2 Community Business and I-1 Light Industrial to A-18 Apartment at Diamond Springs Road and Northampton Blvd (DISTRICT 4 - BAYSIDE) 4. Application of GAYLE H. JOHNSON and GAYLE H. JOHNSON, TRUSTEE UNDER THE EDITH D. KRATZ TRUST for a Nonconforming Use to consolidate three (3) lots into one (1) site at 8304 and 8306 Ocean Front Avenue (DISTRICT S - LYNNHAVEN) S. Application of MOTHER SETONHOUSE T/A SETON YOUTH SHELTERS for a Modification ofa Conditional Use Permit (approved March 25, 1977) to delete Condition No. 9 at 465 Kings Grant Road (DISTRICT 5 - LYNNHAVEN) 6. Application ofMARYL. KAUFMANfor a Conditional Use Permit re a residential kennel at 4281 Charity Neck Road (DISTRICT 7 -PRINCESS ANNE) Application of CARING TRANSITIONS for a Conditional Use Permit re truck and trailer rentals at 229 South Rosemont Road (DISTRICT 3 -ROSE HALL DISTRICT) 8. Applications of MICHAEL D. SIFEN, INC. at Indian River Road and Kemps River Drive (DISTRICT 1- CENTERVILLE): a. Change of Zoning District Classi ication from O-2 Office to Conditional B- lA limited community business b. Conditional Use Permit re a mini warehouse/self storage 9. Application ofANNECY, L.L.Cfor a Change o~Zoning District Classi acation from AG-2 Agriculture to Conditional PDH-2 Planned Unit Development Overlay at 2812 North Landing Road (DISTRICT 7 -PRINCESS ANNE) November 22, 2011 -36- AGENDA REVIEW SESSION ITEM # 61402 (Continued) 10. Ordinance to REPEAL Section 1906 of the City Zoning Ordinance (CZO) re The Old Beach Design Review Committee Item M. 2. (S.L. NUSBAUMREALTYCOMPANY) shall be WITHDRAWN, BYCONSENT. Item M. 7. (CARING TRANSITIONS) shall be DEFERRED INDEFINITELY, BY CONSENT. Item M. 9. (ANNECY, L.L.C.) "The Enclave " at Princess Anne shall be pulled for discussion. Item M.10 (CZO re OLD BEACH DESIGN REVIEW COMMITTEE) shall be DENIED, BY CONSENT November 22, 2011 -37- ITEM # 61403 Mayor Sessoms entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2- 3711 (A)(1) Council Appointments: Council Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLIC CONTRACT.• discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A) (30) Convention Center Hotel Term Sheet Upon motion by Councilman Dyer, seconded by Vice Mayor Jones, City Council voted to proceed into CLOSED SESSION at 4: 44 P.M. November 22, 2011 -38- ITEM # 61403 (Continued) Voting: 8-D Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Glenn R. Davis Rosemary Wilson [Family Holiday in New York City} James L. Wood [Out of the City) (Closed Session: (4:44 P.M. - S: SO P.M.) November 22, 2011 -39- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 22, 2011 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, November 22, 2011, at 6:00 P.M. Council Members Present.• Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms and John E. Uhrin Council Members Absent.• Rosemary Wilson [Family Holiday in New York City} James L. Wood [Out of the City) INVOCATION.• Reverend Randy Singer, Pastor, Trinity Church PLEDGE OFALLEGL4NCE TO THE FLAG OF THE UNITED STATES OFAMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate of tce 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 identify 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 deftned by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the off cial records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. November 22, 2011 -40- Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a `personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of ident~ing any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the off cial 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. November 22, 2011 -41- RECOGNITION Mayor Sessoms RECOGNIZED the following BOY SCOUTS in attendance, as they are working on their "citizenship in the community "Merit Badge, who led the Pledge of Allegiance: BOYSCOUT TROOP 791 NIMMO UNITED METHODIST CHURCH Wihan DuPlessis Spencer Garrett Thomas Gillen Alexander Knoop Chandler Laurens Andrew Reader Jordan Scott Joseph Smith Chase Stock Timothy Ware Ian Weber Jonas Wood Adult Leaders: Ben Garrett Charles Scott Neil Smith Marsh Weber (tentative) BOYSCOUT TROOP 493 WYCLIFF PRESBYTERIAN CHURCH Ryan Swindell Andrew Ashbrook Taylor Payne Collin Sherman Marco Farley Phillip McGowan Carter Davis Broque Perque Austin Wilson Jack Weers November 22, 2011 -42- (Continued) BOYSCOUT TROOP 419 WYCLIFF PRESBYTERL4N CHURCH Dexter Hubbard Zachary Hubbard Dalton Keegan Ethan Livers Mark Meadows Devin Reed Alex Smith George Woodruff Mayor Sessoms PRESENTED each Boy Scout with a City Seal lapel pin. November 22, 2011 -43- ADDED OATH OF OFFICE ITEM # 61404 Judge Leslie L. Lilley administered the Oath of Office to: Councilman John Moss (At-Large) Term: 11-10-I1-12-31-14. November 22, 2011 -44- Item - V-E.1 CERTIFICATION ITEM # 61405 Upon motion by Councilman Dyer, seconded by Councilman DeSteph, 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: Glenn R. Davis, William R. "Bill "DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay.• None Council Members Absent: Rosemary Wilson and James L. Wood November 22, 2011 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #61403, Page 37, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of V irginia 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 V irginia 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 November 22, 2011 -45- Item - V-F.1 MINUTES ITEM # 61406 Upon motion by Councilman Dyer, seconded by Vice Mayor Jones, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of November 1, 2011. Voting: 8-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood Council Members Abstaining: John D. Moss Councilman Moss ABSTAINED as he was not in attendance during the City Council Session of November 1, 2011, as he had not been elected to City Council. November 22, 2011 -46- Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 61407 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 22, 2011 -47- Item H. 1. BID OPENING : ITEM # 61408 Mayor Sessoms called for the Bid Opening and read the following: LEASE OF CITY PROPERTY- MURDEN'S CORNER "Pursuant to Virginia Code Section 15.2-2102, the Chair will now summarize the bids that have been received for a proposed lease of a portion of City property located at Murden's Corner (GPIN 1494-69-9058) for use as a site on which certain personal wireless communications facilities are to be located. One bid has been received, as follows: Richmond 20MHz, LLC, d.b.a. NTELOS Wireless has bid: - Base rent: $6,955.64 per year - Additional rent: knot applicable] - Annual increase: 3% Are there any other persons desiring to submit a bid at this time? There being no further bids, the bidding is closed. The staff will evaluate the bid that has been received and make its recommendations to the City Council concerning the proposed lease at a future meeting. " November 22, 2011 -48- Item I.1. PUBLIC COMMENT ITEM # 61409 Mayor Sessoms DECLARED PUBLIC COMMENT: COMPREHENSIVE PLAN RE VIRGINIA AQUARIUM and OWLS CREEKAREA MASTER PLAN The following registered to speak: Walter Camp, 4692 Berrywood Road, Phone: 576- 1006. Chairman -Virginia Beach Parks and Recreation and Recreation Foundation, spoke in SUPPORT. Mr. Camp has worked on several Master Plans over the years and this particular Master Plan has truly impressed him for its inclusiveness. This Plan has drawn on support from all pieces of the General Public. This Plan is a model for environmental, economic and social sustainability There being no further speakers, Mayor Sessoms CLOSED THE PUBLIC COMMENT. November 22, 2011 -49- Item J.1 a. PUBLIC HEARING ITEM # 61410 Mayor Sessoms DECLARED A PUBLIC HEARING: Local Real andlor Personal Property Exemptions Kids Quest Child Development Center There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. November 22, 2011 -50- Item J.1 b. PUBLIC HEARING ITEM # 61411 Mayor Sessoms DECLARED A PUBLIC HEARING: Local Real and/or Personal Property Exemptions Pin Ministry Barbara Clark, 411 16`" Street, did not respond to the call to speak. Correspondence from Barbara Clark is hereby made a part of the record. There being no further speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. November 22, 2011 -51 - Item J.1. c. PUBLIC HEARING ITEM # 61412 Mayor Sessoms DECLARED A PUBLIC HEARING: Local Real and/or Personal Property Exemptions Virginia Sportsmen's Foundation, Inc. There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. November 22, 2011 -52- Item V.L. ORDINANCES/RESOLUTIONS ITEM # 61413 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED IN ONE MOTION, Items la,b, 2a, 2b (Deferred 60 days), 2c, 3, 4, S, 6, 7, 8 (As Revised) , 10 (Deferred December 6, 2011), 11 a/b/c/d/e, 12 a,b of the CONSENT AGENDA. Item No. 9 (Resolution re the City's Annual Legislative Agenda was pulled from the Consent Agenda, as speaker registered -Motion amended) Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent.• Rosemary Wilson and James L. Wood November 22, 2011 -53- Item V.L.Ia/b ORDINANCES/RESOLUTIONS ITEM # 61414 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT.• Ordinances to AMEND the City Code: a. Sections 2-122 and 2-123 re the role and membership and designate the Deferred Compensation Board as the Local Finance Board to manage the OPEB Trust b. Chapter 12 re Fire Prevention and Protection Voting.• 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E Uhrin Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood November 22, 2011 1 AN ORDINANCE TO AMEND CITY CODE 2 SECTIONS 2-122 AND 2-123 REGARDING 3 THE ROLE AND MEMBERSHIP OF THE 4 DEFERRED COMPENSATION BOARD AND 5 TO DESIGNATE THE DEFERRED 6 COMPENSATION BOARD AS THE LOCAL 7 FINANCE BOARD FOR PURPOSES OF 9 MANAGING THE OPEB TRUST 10 SECTIONS AMENDED: §§ 2-122, AND 2-123. 11 12 WHEREAS, the City Council established a trust (the "Trust"), as provided by state 13 law, for the purpose of accumulating and investing assets to fund Other Post-Employment 14 Benefits by ordinance, Ordinance 3039D, adopted June 24, 2008 (the "Ordinance"); 15 16 WHEREAS, as part of establishing the Trust, the City Council appointed the City's 17 Local Finance Board (the "Local Finance Board"); 18 19 WHEREAS, pursuant to the Ordinance, the Local Finance Board executed a Trust 20 Joinder Agreement to effectuate the participation of the Local Finance Board in the Virginia 21 Pooled OPEB Trust Fund Agreement; 22 23 WHEREAS, the Ordinance provided the City's acceptance of the request of the 24 School Board of the City of Virginia Beach (the "School Board") to join the Local Finance 25 Board; 26 27 WHEREAS, the City and the School Board executed a participation agreement for 28 the Local Finance Board, dated June 30, 2008; 29 30 WHEREAS, state law provides that a local deferred compensation board may 31 perform the duties of a local finance board; 32 33 WHEREAS, the Virginia Beach Deferred Compensation Board ("Deferred 34 Compensation Board") administers the investment policy, including the addition and 35 deletion of funds from the investment policy, for the deferred compensation plan; 36 37 WHEREAS, the Deferred Compensation Board includes City employees, an 38 appointee from the City Council, a member from the Sheriff's Office, and a member from 39 Schools; and 40 41 WHEREAS, the City Council desires to continue the work of the Local Finance 42 Board through the Deferred Compensation Board. 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 45 VIRGINIA BEACH, VIRGINIA: 46 47 1. That sections 2-122 and 2-123 of the City Code are hereby amended and 48 reordained, to read as follows: 49 50 2-122. Board-Established. 51 There is hereby created a deferred compensation board, consisting of city 52 employees. The City Council hereby appoints the Director of Finance, the Director of 53 Human Resources, the Employee Relations Manager, and the Payroll Administratorto the 54 board. The City Council will appoint one (1) Councilmember and one (1) member from the 55 Sheriff's Office and efle~{1~ three 3 members from Schools, one of which shall be the 56 Schools Chief Financial Officer and one of which shall be a School Board member. The 57 City Manager may appoint up to three (3) additional board members from the deferred 58 compensation plan participants. The board members appointed by the City Manager shall 59 serve terms of three years from the date of appointment. Notwithstanding the previous 60 sentence, all members of the deferred compensation board shall serve at the pleasure of 61 the City Council. The terms of the members of the deferred compensation board shall not 62 be limited by the restrictions of City Code § 2-3. 63 64 2-123. Same- Powers. 65 The deferred compensation board is hereby granted the power to do all things by 66 way of supervision, administration and implementation of a plan of deferred compensation, 67 including but not limited to the power to contract with private corporations or institutions for 68 service in connection therewith; however, nothing contained in this section shall be 69 construed to authorize the deferred compensation board to act beyond the limits of the 70 plan. 71 The deferred compensation board shall administer the investment policy in 72 accordance with the terms of the investment policy and prudent fiduciary standards. The 73 deferred compensation board shall have the authority to add and delete funds from the 74 investment policy in accordance with the investment policy adopted by City Council. 75 The deferred compensation board shall serve as the local finance board for 76 purposes of Other Post-Employment Benefits ("OPEB") for the City. With the consent of 77 the School Board, as evidenced by its adopted resolution on November 1 2011 the 78 deferred compensation board shall serve as the local finance board for OPEB on behalf of 79 Schools. In its capacity as local finance board, the deferred compensation board shall 80 administer the OPEB trust or other related investments in accordance with prudent 81 fiduciary standards. 82 83 2. The Trust established by Ordinance 3039D shall continue in full effect. The 84 Deferred Compensation Board shall fulfill the duties the Local Finance Board as described 85 in Ordinance 3039D. 86 87 3. If required by the Virginia Pooled OPEB Trust Fund, the City shall execute an 88 addendum to the Trust JoinderAgreement providing the Deferred Compensation Board is 89 the Local Finance Board of Virginia Beach, Virginia. 90 91 4. The City shall execute an addendum to its participation agreement with the 92 School Board providing the Deferred Compensation Board is the Local Finance Board. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22 day of NnvPmhc~r , 2011. APPROVED AS TO CONTENT Finance Department APPROVED AS TO LEGAL SUFFICIENCY: ~, 's ffice CA11905 R-2 November 2, 2011 .~ ).T __~ ~~ 4 5 6 7 8 9 10 11 12 13 14 '! 5 ~s 17 18 19 20 21 22 23 .-. q. {`, 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 ' 42 43 44 45 46 AN ORDINANCE TO ADOPT A TRUST FOR OTHER POST-EMPLOYMENT BENEFITS WHEREAS, Section 15.2--1500 of the Virginia Code provides, in part, that every locality shall provide. far all the governments! functions of the locality, including the employment of the afk'icers and other employees needed to carry out the furctions of government; and WHEREAS, in connection with the employment of the ofl:lcers and other employees, the City of Virginia Beach has. established certain plans to provide post- employmen# benefits other than pensions {herein "Other Post-Employment Benefrts"}, as defined in Section 15.2-1545 of the Virginia Code, to certain retirees and their spouses and eligible .dependents; and WHEREAS, Article 8, Chapter 15, Subtitle Il of Title 15.2 of the Virginia Code {§§ 15.2-1544 et seq.} provides that the governing body of a city may establish a trust for the purpose of accumulating and investing asse#s to fund Other Pos#-Employment Benefits; and WHEREAS, Section. 15.2-1300 of the Virginia Code provides that any power, privilege, or authority exercised or capal3le of exercise by any pokitical subdivision of the Commonwealth of Virginia may be exercised and enjoyed jointly with any other political subdivision of the Commonwealth having a similar power, privilege or authority pursuant to agreements with one another for joint action pursuant to the provisions of that section; and WHEREAS, any two or more political subdivisions may enter in#o agreements with one another for joint action pursuant to the provisions of Section 15.2-1300 of the Virginia Code provided that the participating political subdivisions shalt approve such agreement before the agreement may enter into force; and WHEREAS,. the County of Fairfax, Virginia and the County of Henrico, Virginia have determined to jointly establish and participate in the Virginia Pooled OPEB Trust Fund (the 'Trust Fund"); and WHEREAS, it appearing to the Council of the City of Virginia Beach that it is in the best interests of the City to become a participa#ing employer in the Trust Fund_ NOW, THEREFORE, BE lT OR^AINED BY THE COUNCIL OF THE CITY GF VIRv-'sNIA BEACH, VIRGINIA THAT: 1. That the City does hereby establish a trust pursuant to Section 15.2-1544 of the Virginia Code for the purpose of accumulating and investing assets to fund Other Post-Employment Benefits, in the form set forth in the Virginia Pooled OPEB Trust Fund Agreement {the "Agreement"), a copy of which is attached here as Exhibit A. 47 2. That the City woes hereby agree to become a "Participating Employer" in 48 the "Virginia Pooled CPEB Trost Fund" (hereinafter, the "Trust Fund"), as further ~ defned in the Agreement. 51 3. That in accordance with Section 15.2-1547 of the Virginia Code, City 52 Council does hereby appoint the fo!(owing individuals to the local finance board to serve 53 as the trustee of the City with respect to the Trust Fund, and as the "l.ocaf Finance 54 Board as defined in the Agreement: 55 56 The Director of the Finance Department; 57 The City Treasurer; and 58 Jim Flinchum, a citizen member who is hereby appointed for a term of two years 59 that, shat! begin upon adoption of this ordinance. 60 61 4. That the City does hereby accept the request of the School Board of the 62 City of Virginia Beach to join the City's Local Finance Board and hereby appoints the 63 following two additional members to the Local Finance Board: 64 65 The Chief Financial Officer of Virginia Beach City Public Schools; and 66 Ed Fissinger, a citizen member who ~ shad represent the Virginia Beach City 67 Public Schools -and who is hereby appointed for a term of two years that shall begin 68 upon adoption of this ordinance. 69 70 5: That the City does hereby direct.the Loca! Finance Board to execute and +,' ,.. deliver the Trus# Joinder Agreement for Participating Employers under Virginia Pooled OPEB Trust Fund ("Trust Joinder Agreement"), a copy of which is attached hereto as 73 Exhibif B. 74 75 6. That the City does hereby designate as "other Post,Em to 76 the health care benefits provided to .certain retirees, as designated ent separatte 77 ordinances or resolutions that have been and will be adopted by City Council, as well as 78 the health care benefits for the spouse and eligible dependents of those retirees, to the 79 extent that such coverage is authorized by separate ordinances or resolutions that have 80 been adopted, or will be adopted, by City Council 81 . 82 7. That in accordance with Section 15.2_1544 of the Virginia Code, the extent 83 of Other Post-Employment Benefits offered by the City, as well as eligibility criteria for 84 those benefits, is dependent upon appropriations and is determined as part of the 85 annual budget process, and thus the extent of such benefits, as well as the eligibility 86 criteria for the benefits, are subject to change. 87 $8 8. This ordinance shall be in force and effect immediately upon its adoption 89 or passage. 90 ~~ Adopted by the City Counci! of the City of Virginia Beach, Virginia on this ,2~ 92 day of _ ~ 3 APPROVED AS TO CONTENT: 'til Hance Dep ment CA10728 R-7 June 18, 2008 y ,.. " APPROVED AS TO LEGAL SUFFICIENCY: ~~ , City Attorney's Offi ` ' a~ VRGINIA BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E C U R V E SCHOOL BOARD A RESOLUTION DESIGNATING THE DEFERRED COMPENSATION BOARD AS THE LOCAL FINANCE BOARD FOR PURPOSES OF ADMINISTERING THE OPEB TRUST Daniel D. Edwards Chairman District 1 -Centerville WHEREAS, the School Board established a trust (the "Trust"), as provided by the Code of Virginia, for the purpose of accumulating 1585 Lake James Drive VA Beach, VA 23464 and investing assets to fund Other Post-Employment Benefits(OPEB) by resolution on June 17, 2008 (the "Resolution"); 495-3551 (h) • 717-0259 (c) WHEREAS, as part of establishing the Trust, the School Board agreed to become a "Participating Employer" in the Virginia Pooled William J. "Bill" Brunke, N OPEB Trust Fund; Vice-Chairman District 7-Princess Anne WHEREAS, for the management of the Trust, the School Board agreed to join the Local Finance Board in participation with the City 4099 Foxwood Drive, Suite 108 Virginia Beach, VA 23462 if the Cit established the Local Finance Board rlor to June 30, 2008; Y P 222-0134 (w) • 286-2772 (c) WHEREAS, the City adopted an Ordinance on June 24, 2008 to establish the Local Finance Board; Todd C. Davidson At•Large WHEREAS, the City and the School Board executed a participation agreement for the Local Finance Board, dated June 30, 2008; 1661 Mayberry Drive VA Beach, VA 23456 WHEREAS, the Code of Vir inia 15.2-1547, as amended, rovides that a local deferred com ensation board ma erform the g +§ P P Y P 427-3330 (w) • 285-9409 (c) duties of a local finance board; Emma L. "Em" Davis WHEREAS the Virginia Beach Deferred Compensation Board ("Deferred Compensation Board") administers the deferred Districts-Lynnhaven 1125 Michaelwood Drive , com ensation investment olic includin the addition and deletion of funds from the investment olic ,for the deferred P P Y+ 9 P Y VA Beach, vA 23452 compensation plan; 340-8911 (h) WHEREAS, the Deferred Compensation Board includes City employees, an appointee from the City Council, a member from the At--Large M. "Dottie" Hulk Sheriffs Office, and a member appointed by the School Board; and 1304 Downs lane VA Beach, VA 23455 WHEREAS, the School Board intends to transfer the res onsibilities of the Local Finance Board to the Vir inla Beach Deferred P 9~ aso-2440 (n) Compensation Board, amend the composition of the Virginia Beach Deferred Compensation Board to meet statutory requirements Brent N. Mckenzie and disband the Local Finance Board. District3-Rose Hall 1400 Brookwood Place NOW, THEREFORE BE IT RESOLVED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: VA Beach, VA 23453 81G-2736 (c) 1. The School Board does hereb a ree with the a ointment of the Deferred Com ensation Board to serve as the Local Y 9 PP P Finance Board, provided the membership of the Virginia Beach Deferred Compensation Board is expanded to include the Ashley K. McLeod At-Large School Administration's Chief Financial Officer and a Member of the School Board. 5508 Del Park Avenue VA Beach, VA 23455 2. The Su erintendent, Chairman, and the Chief Financial Officer are authorized to take all actions necessar to facilitate the P Y 552-0348 (h) appointment of the Deferred Compensation Board as the Local Finance Board, including the execution of an addendum to Samuel G. "Sam" Reid the participation agreement for the Local Finance Board between the City and the School Board. District6-Beach 1533 VA Beach Bivd. 3. This Resolution shall be in force and effect immediate) u on its ado tlon. Y P P VA Beach, VA 23454 284-1067 (c) 4. The School Board hereb a oints the followin School Board Member to serve on the Deferred Com ensation Board and Y PP 9 P such School Board Member may designate an alternate School Board Member to serve in the School Board Member's Patrick S. Salyer Al-Large absence: William Brunke. The designated School Board Member may be replaced by another School Board Member 4849 Haymarket Drive upon a majority vote of a quorum of the School Board. VA Beach, VA 23462 620-2141(c> FURTHER RESOLVED: That the Clerk is directed to send a copy of this Resolution to the Chief Financial Officer, the City Attorney, vacant the Director of Business Services and the Clerk of City Council, and the City's Director of Finance, District2-Kempsville Adopted by the School Board of the City of Virginia Beach this 1St day of November 2011 Carolyn D. Weems District 4 - Bayside 1420 Claudia Drive VA Beach, VA 23455 464-6674 (h) Daniel D, Edwards, School and Chairman SUPERINTENDENT Attest: James G. Merrill, Ed.D. 2512 George Mason Drive VA Beach, VA 23456 ~ .~••~ '" 263-1007 C/~~~_ ~ Dianne P. Alexander, Clerk of the Board School Administration Building • 2512 George Mason Drive • P.O. Box 6038 • Virginia Beach, VA 23456-0038 1 AN ORDINANCE TO AMEND CHAPTER 12 2 OF THE CITY CODE PERTAINING TO FIRE 3 PREVENTION AND PROTECTION 4 5 SECTIONS REPEALED: §§ 12-3, 12-43.5 6 SECTIONS AMENDED: §§ 12-4, 12-43, 12- 7 43.1, 12-43.4 AND 12-49.1 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Sections 12-3 and 12-43.5 of the Code of the City of Virginia Beach, Virginia 13 are hereby repealed and Sections 12-4, 12-43, 12-43.1, 12-43.4 and 12-49.1 are hereby 14 amended and reordained to read as follows: 15 17 18 ~^\ ~n n+hnnniicn nrn~iirlnrJ in +h''~+ c°~.' n nnrcnn ch°ll ~nni+~~ =QT- Gs G~f'ITCTi'fJ-7~C F91~-FI~pG-~J~TT'~iTC+I~ -rgi~i Ra 19 ~a~ ~ , 20 , 21 wa 22 24 Z5 /~ \ (~~ ~°c h~i +hn nhi°f-~~ f~{~e 26 C~TrnT+°~r•+inn nr hic rl°cinn°° .~~hnf~i_~~~E,~r~~y~ . 27 2 8,,,~~ TT 29 e>e 30 c, innniicinn of +hn nhi°f of firn nrn+nn+inn nr hic rl°cinn°o' 31 nrnnnn~i nr n+h°r nv+r~nrlJinoni nirni ~mc+nnnnc ~nihnn nn°n hurnrn~~ 32 . 33 , 34 ni,ic~nr+n is Arno+nrJ 35 36 ~-~_gr_~hnr n~ iiconnn is nrn+nrl ~nrl rn i ~c nn+ Incc +h •~n fif+nnn /1 ~\ foot frnm onv 3 7 pray+de~ -tl~a~-~~~--~ev+ees-a, ~~Jed-T,~-rcT~~,,--r.T~~~-t-,~ ~--r~~-„-~„-a rry 38 ~+r.~~,_~~t~ 39 ~~~ ~irno m 40 41 rnrv~ iirmm~n+c nc+nh~l~i~hnr~ h~~ ~i f~nfTTTn~ n~T e~nn +hn c+n+n fnrnc+~~~~~~,~ne e ~ 42 ~e~a +ws+efa}: 43 l\~ n°~pc~rnr-fr~rrc°-.ter m~-rr~cry`-p~°-sCt~ tint°r +h~n nn nn~i cn~h~ ~,~~~j fnr r°nrn+inn°I 44 ~}~~ nr fnr nnrmm~ni~I nnno 45 n~ iic~nn° is rr°°+°r1 46 47 , (}$ fn rnn sir nit h~ irninn of hn Bch to woc onrl 4rn n~ frnm I~nrJ nlo~rinn nno ro~innc 49 50 ; 51 52 , 53 54 55 56 57 58 59 f~+~ef-~ea~e~ 60 61 Sec. 12-4. Open burning; sib. 62 63 (a) Open burning, where permitted by -the Virginia Statewide Fire 64 Prevention Code, shall be constantly monitored until the fire is extinguished. Fire 65 extinguishing equipment shall be available for immediate use. 66 67 (b) The chief of fire protection shall prohibit open burning, otherwise lawful, 68 when smoke may cause reduced visibility on any highway, or when emissions or odors 69 may constitute a hazard or nuisance. The chief of fire protection shall order the 70 extinguishing by the permit holder or other responsible person, or by the fire 71 department, of any fire which creates such a hazard or nuisance, or if adjacent property 72 is considered to be endangered. 73 74 .... 75 76 Sec. 12-43. Amendments. 77 78 (a) As authorized by Code of Virginia, section 27-97, the following provisions 79 are enacted and made more restrictive than of the ~99A 2009 Virginia Statewide Fire 80 Prevention Code 81 82 83 84 w+t 85 86 Ir•\ Ce~? 7 ~+ ir• horp~~~~pr1 ~nrd m~rln mnrn rn c~rin~i~in +n 87 +r~-J~d~ 88 (1) Overcrowding: It shall be a Class I misdemeanor for 89 any person to permit (i) overcrowding; (ii) the obstruction of aisles, passageways 90 or other means of egress, including obstruction caused by people standing in 91 aisles, passageway or other means of egress; or (iii) admittance of any person 92 beyond the approved occupant load. In addition thereto, the code official, upon 93 finding overcrowded conditions or obstruction in aisles, passageways or other 94 means of egress, or upon finding any condition which constitutes a hazard to life 95 and safety, shall cause the occupancy, performance, presentation, spectacle or 96 entertainment to be stopped until such a condition or obstruction is corrected. 97 The structure may be evacuated or the addition of any further occupants 98 prohibited until the approved occupant load is reestablished or the obstruction 99 has been removed. 100 (2) ~eef~^n ~nn~ ~ ~ ~ ~. Operator responsibility: The operator or the person 101 responsible for the operation of an assembly or educational occupancy shall 102 check egress facilities before such building is occupied to determine compliance 103 with this section. If such inspection reveals that any element of the required 104 means of egress cannot be accessed, is obstructed, locked, fastened or 105 otherwise unsuited for immediate utilization, admittance to the building shall not 106 be permitted until necessary corrective action has been completed. 107 108 Sec. 12-43.1. -Shipbuilding, repair and lay-up. 109 Shipbuilding, repair and lay-up facilities shall be in conformance with National 110 Fire Protection Association Pamphlet 312 (-1-g99 2006 edition) which is hereby adopted 111 and incorporated herein, of which a copy has been and is now filed with the office of the 112 city clerk. 113 .... 114 Sec. 12-43.4. -Storage of combustible or flammable materials. 115 f,~~~epe~~;:-The storage of combustible or flammable materials shall be 116 confined to approved storage areas. Combustible or flammable materials shall not be 117 stored under interior or exterior stairwells unless the area under the stairwell is 118 protected by an approved fire suppression sprinkler system. 119 12 0 #~ , 121 ~ , 122 g- 123 124 125 126 127 12 8 Se . 129 ~ ~ g 130 Sta ~~;I~s~~h, ro is ~n ~++onrl~n+ nn r!i ~fi~ n4 0ll 131 }imoc ~nihari fi iol is rlicnoncorJ 132 .... 133 134 Sec. 12-49.1. -Permits and inspections fees. 135 Fees for permits or inspections required by this article or the Virginia Statewide 136 Fire Prevention Code are hereby levied in accordance with the following schedule: 137 (1) Annual fire inspection fee $50.00. 138 However, each business premise located within a structure shall be inspected 139 independently of other areas located in the structure. This fee shall not be 140 levied for the inspection of City or Virginia Beach City Public School facilities. 141 (2) Reinspection fee for third re-inspection and every subsequent inspection to 142 demonstrate compliance with the Virginia Statewide Fire Prevention Code 25.00 143 No fee shall be charged for any necessary first or second re-inspection. This 144 fee shall not be levied for the inspection of City or Virginia Beach City Public 145 School facilities. 146 (3) Liquid- or gas-fueled vehicles or equipment in assembly buildings/Motor 147 vehicle display -permit fee per event site (other than dealership) 50.00 148 (4) Fire watch ~er~i-t fee (valid for seven (7) days) -required no less than forty- 149 eight (48) hours or by the first business day after the failure of a fire protection 150 system 25.00 151 An exception to this permit requirement may be granted by the fire marshal or 152 his designee for delays encountered in obtaining equipment required for 153 repairs. 154 (5) Open burning/Bonfire -permit fee per event site 50.00 155 (6) Open flames and candles/Removing paint with torch -permit fee per site 50.00 156 (7) Open burning/Land clearing pit burn -permit fee per month per pit burner 157 50.00 158 (8) Assembly or education occupancies: 159 a. Annual permit fee for facilities with fifty (50) to ninety-nine (99) persons 160 50.00 161 b. Annual permit fee for facilities with one hundred (100) to five hundred 162 (500) persons 100.00 163 c. Annual permit fee for facilities with five hundred (500) or more persons 164 150.00 165 d. ABC inspection fee 50.00 166 e. Recalculation of occupancy load fee 50.00 167 (9) Aviation facilities/Airports, heliports and helistops -annual permit fee 100.00 168 (10) .Floor finishing/Bowling establishments -annual permit fee for refinishing/ 169 resurfacing with flammable liquids 100.00 170 (11) Fruit and crop ripening or coloring processes -annual permit fee 100.00 171 (12) Dry cleaning plant (flammable or non-flammable chemicals) -annual permit 172 fee 100.00 173 (13) Combustible dust-producing operations/Dust explosion hazard -annual permit 174 fee for any process creating dust explosion hazard 100.00 175 (14) Spraying or dippinci/Application of flammable finishes -annual permit fee for 176 the use or handling of more than one (1) gallon per day 100.00 177 (15) Fumigation er and thermal insecticidal fogging fee -per location 50.00 178 (16) HPM facilities/Hazardous production -annual permit fee for the use, storage or 179 handling of any hazardous production material 100.00 180 (17) Lumber yard/woodworking plant -annual permit fee for storage exceeding one 181 hundred thousand (100,000) board feet 100.00 182 183 184 (-1-918) Organic coatings -annual permit fee for production of greater than one (1) 185 gallon per day 100.00 186 (2-019) Temporary membrane structures, tents and canopiesT~~^o; -,a+r 187 -annual permit fee for tents greater than nine hundred (900) 188 square feet or air supported structures 50.00 189 (2-1-20) Waste Handling/Wrecking yard, junk yard or waste material plant: 190 a. Annual permit fee 100.00 191 b. Annual permit fee for facilities with waste material greater than two 192 thousand five hundred one (2,501) cubic feet 100.00. 193 (~21) Cutting and welding ~ 194 195 a. Annual permit fee for all welding 50.00 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 b. Annual permit fee for use of greater than two hundred (200) pounds calcium carbide 100.00 c. Annual permit fee for use of greater than two thousand (2,000) feet cubic flammable compressed gas 100.00 d. Annual permit fee for use of greater than five (5) pounds carbide in acetylene generator 100.00 0322) Aerosol products -annual permit fee for storage or display of greater than five hundred (500) pounds of level 2 or 3 aerosols 50.00 (2-423) Cellulose nitrate film: a. Annual permit fee for storage twenty-six (26) or more pounds 50.00 b. Annual permit fee for any manufacturer using cellulose nitrate 50.00 0524) Combustible fibers -annual permit fee for storage of greater than one hundred (100) cubic feet 50.00 0625) Compressed gas storage: a. Annual permit fee for storage greater than seven hundred fifty (750) cubic feet of flammable gas 50.00 b. Annual permit fee for storage of amounts greater than six thousand (6,000) cubic feet of non-flammable gas 50.00 c. Annual permit fee for storage of amounts greater than eig#t-heed-red-#er~ two hundred (~1-9200) cubic feet of corrosive gas 50.00 d. Annual permit fee for storage of any amount of toxic or highly toxic gas 50.00 218 (~26) Hazardous materials/Corrosives (storage and handling): 219 a. Annual permit fee for use, storage or handling of amounts greater than 220 one thousand (1,000) pounds of solids 50.00 221 b. Annual permit fee for use, storage or handling of amounts greater than 222 fifty-five (-a-x-955) gallons of liquids 50.00 223 (~27) Cryogenic ~t++d-s fluids: 224 a. Annual permit fee for production or sale of any amount 100.00 225 b. Annual permit fee for storage of greater than five hundred (500) gallons of 226 non-flammable, non-toxic cryogenic liquids 50.00 227 c. Annual permit fee for storage of greater than ten (10) gallons of liquid 228 oxygen 50.00 229 230 231 232 d. Annual permit fee for storage of greater than ten (10) gallons of flammable cryogenic liquids 50.00 e. Annual permit fee for storage of greater than ten (10) gallons of cryogenic oxidizer 50.00. 233 (~28) Explosives/-ammunition and blasting agents -annual permit fee for 234 storage, manufacturing, possession, sale or any other disposition of any amount 235 50.00 236 (3829) Explosives/Fireworks/pyrotechnics: 237 a. Permit fee per display for outside aerial display 450.00 238 b. Permit fee for proximate audience 250.00 239 c. Permit fee for storage or sales 50.00 240 (3-~30) Flammable and combustible liquids: 241 a. Annual permit fee for storage, use, handling or processing 50.00 242 b. Temporary AST permit fee 50.00 243 c. Service station or repair garage permit fee 50.00 244 d. UST closure or temporary out of service permit fee 50.00 245 (331) Flammable solids -annual permit fee for storage of amounts greater than 246 one hundred t~~ue (100) lbs. 50.00 247 (~-332) Highly toxic and toxic solids and liquids: 248 a. Annual permit fee for use, storage or handling of any amount of highly 249 tox ic solids or liquids 50.00 250 b. Annual permit fee for use, storage or handling of amounts greater than 251 f+ue one hundred (888100) pounds of toxic solids 50.00 252 c. Annual permit fee for use, storage or handling of amounts greater than 253 ten (8810) gallons of toxic liquids 50.00 254 ~ ~1 1rr ~ conci+i~oro ~ni+ hotel+h h~~~rr+c. 255 a Ar~+af-p°rmi+ foo fnr i ec~o o+~r~+n~ ~r h~+nrllin~~nTU'r~rie~u ic-y gT°car°crcrhrurr 256 257 258 259 (~33) LP_gas/Liquified petroleum gases -annual permit fee for storage and use 260 of LP-gas 261 50.00 262 (~34) Hazardous materials/Organic peroxides: 263 a. Annual permit fee for use, storage or handling of any amount of class I or 264 I 150.00 265 b. Annual permit fee for use, storage or handling of amounts greater than 266 ten t,"~°^~~~ f~~~° 0510) pounds of class III solids and one (1) gallon of class III 267 li uids 50.00 268 (~35) Hazardous materials/Liquid and solid oxidizers: 269 a. Annual permit fee for use, storage or handling of any amount of class III 270 or IV 50.00 271 b. Annual permit fee for use, storage or handling of amounts greater than 272 one hundred (x8100) pounds of class II solids or ten (10) gallons of class 273 II liquids 50.00 274 c. Annual permit fee for use, storage or handling of amounts greater than 275 five twe hundred 088500) pounds of class I solids or fifty-five (55) gallons of 276 class I liquids 50.00 277 (3536) Fumigation and thermal insecticidal fogginq/Pesticides -annual permit fee 278 for use, storage, or handling of any amount subject to regulation under the 279 Statewide Fire Prevention Code 50.00 280 281 282 283 (4837) Hazardous materials/Pyrophoric material -annual permit fee for use, 284 storage or handling of any amount 50.00 285 (4~-38) Unstable liquid or solid (reactive) materials: 286 a. Annual permit fee for use, storage or handling of any amount of class III 287 or IV 50.00 288 b. Annual permit fee for use, storage or handling of amounts greater than 289 fifer tee (-x-850) pounds of class II solids and five (5) gallons of class II liquids 290 50.00 291 (439) Water reactive material: 292 a. Annual permit fee for use, storage or handling of any amount of class III 293 50.00 294 b. Annual permit fee for use, storage or handling of amounts fifty e~ae 295 #~r}d-red (-X9950) pounds or greater of class II solids 50.00 296 c. Annual permit fee for use, storage or handling of amounts ten (10) alg Ions 297 ~3ts or greater of class II liquids 50.00 298 The fees imposed pursuant to this section shall be used to defray the cost of 299 enforcement and appeals under the Statewide Fire Prevention Code. The city manager 300 or his designee may waive any of these fees for permits required in the performance of 301 a contract with the City of Virginia Beach, provided that a written waiver is filed with the 302 fire department along with a copy of the contract. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 22 day of p~t,~~ , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .,,, ,_..~~.. ~~ ~, .. ~ ~ . ,. --~-~--J--._ Fire Department City orney' ;O CA11899 R-5 November 7, 2011 -54- Item V.L.2a/b/c. ORDINANCES/RESOLUTIONS ITEM # 6141 S Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT.• Ordinances to DESIGNATE organizations EXEMPT from local Personal Property Taxation: a. ADOPTED, BY CONSENT, Kids Quest Child Development Center b. DEFERRED FOR 60 DAYS, BY CONSENT, Pin Ministry c. ADOPTED, BYCONSENT, Virginia Sportsmen's Foundation, Inc. Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood November 22, 2011 1 AN ORDINANCE TO DESIGNATE KIDS QUEST CHILD 2 DEVELOPMENT CENTER AS BEING EXEMPT FROM 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local personal property taxes to Kids Quest Child Development 8 Center. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Kids 14 Quest Child Development Center as a charitable organization within the context of § 15 6(a)(6) of Article X of the Constitution of Virginia. 16 17 2. That personal property owned by Kids Quest Child Development Center located 18 within the City of Virginia Beach that is used exclusively for charitable purposes on a 19 nonprofit basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property Kids Quest Child Development Center for 24 exclusively charitable purposes; 25 26 (b) that each July 1, Kids Quest Child Development Center shall file with the 27 Commissioner of the Revenue a copy of its most recent federal income tax 28 return, or, if no such return is required, it shall certify its continuing tax 29 exempt status to the Commissioner of the Revenue; 30 31 (c) that every three years, beginning on July 1, 2013, Kids Quest Child 32 Development Center shall file an exemption application with the 33 Commissioner of the Revenue as a requirement for retention of the exempt 34 status of the property; and 35 36 (d) that Kids Quest Child Development Center cooperate fully with the 37 Commissioner of the Revenue with respect to audit of its financial records, 38 compliance with the terms of this ordinance. 39 40 4. That the effective date of this exemption shall be January 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22 day of November , 2011. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: / _-_~ Commissione the Revenue CA12073 R-1 November 8, 2011 APPROVED AS TO LEGAL SUFFICIENCY: l~ City A~ ey's Office ENTITY: ENTITY NAME: Kids Quest Child Development Center T/A Kids Quest Child Development Center 3333 Stoneshore Road Virginia Beach VA 23452 WEBSITE: kidsquestcdc.com SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Since 2000, Kid's Quest Child Development Center has been providing the highest quality day care services to families throughout Virginia Beach, VA. They are committed to providing each and every child with a safe, loving environment and care that meets their unique needs. • Their mission is to develop each child to their fullest potential. • Through a holistic approach they ensure that each child is respected as an individual_ • They take pride in their quality care, high standards; and freshly prepared meals • They eater to infants, toddlers, and preschoolers. • Their fees are based on need and the income of the individual. • They work primarily with low income families that might not otherwise be able to afford child care from other providers. TAX IMPACT• Business Property: Assessment: Tax: Personal Property Assessment: (2007 Ford Expedition) Tax:. Assessment: (1998 Ford Van) Tax: Real Property Assessment: None Tax: None RELEVANT INFORMATION: 9,643.00 142.72 17,850.00 385.26 2,725.00 100.83 IRS Granted 501 (c) 3 Status -11/14/2002 1 AN ORDINANCE TO DESIGNATE VIRGINIA 2 SPORTSMEN'S FOUNDATION, INC., AS BEING 3 EXEMPT FROM PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local personal property taxes to Virginia Sportsmen's 8 Foundation, Inc. a Virginia Non-Stock Corporation. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 14 Virginia Sportsmen's Foundation as a charitable organization within the context of § 6(a)(6) 15 of Article X of the Constitution of Virginia. 16 17 2. That personal property owned by Virginia Sportsmen's Foundation located within 18 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 19 basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property Virginia Sportsmen's Foundation for 24 exclusively charitable purposes; 25 26 (b)that each July 1, Virginia Sportsmen's Foundation shall file with the 27 Commissioner of the Revenue a copy of its most recent federal income tax 28 return, or, if no such return is required, it shall certify its continuing tax 29 exempt status to the Commissioner of the Revenue; 30 31 (c) that every three years, beginning on July 1, 2013, Virginia Sportsmen's 32 Foundation shall file an exemption application with the Commissioner of the 33 Revenue as a requirement for retention of the exempt status of the property; 34 and 35 36 (d) that Virginia Sportsmen's Foundation cooperate fully with the Commissioner 37 of the Revenue with respect to audit of its financial records, compliance with 38 the terms of this ordinance. 39 40 4. That the effective date of this exemption shall be January 1, 2012. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22 day Of November , 2011. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: l~ ,' Commissioner ~ Revenue CA12072 R-1 November 8, 2011 APPROVED AS TO LEGAL SUFFICIENCY: ~~.,.. City A y s Office ENTITY: ENTITY NAME: Virginia Sportsmen's Foundation Inc P.O. Box 6944 Virginia Beach VA 23456 WEBSITE: virginiasportsmen.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY: The Virginia Sportsmen's Foundation is dedicated to serving our community by promoting Virginia's outdoor traditions, including hunting, fishing and natural resource conservation. The Foundation offers several programs ranging from land conservation to educational programs for disabled military veterans. • The Foundation has Volunteers to assist and provide hunting opportunities to disabled veterans at no cost. • They provide an opportunity for disabled veterans to continue their rehabilitation in the outdoors by hunting. • Through assistance the disabled veterans can participate in as little or as much as they desire of the hunting process. • They provide disabled veterans an opportunity to participate in hunting activities they otherwise may not be able to do. • The Virginia Sportsmen's Foundation operates under three main principles o PROVIDING our community with safe and educational outdoor programs, o PRESERVING our hunting and fishing heritage, and o PROTECTING our environment for future generations to enjoy TAX IMPACT: Business Property: Assessment: MISC 14,260.00 Tax: 211.05 Personal Property Assessment: 1998 CROSS UTILITY TR 2,100.00 Tax: 77.70 Real Property Assessment: None Tax: None RELEVANT INFORMATION: IRS Granted 501 (c) 3 Status - 01/03/2011 ue o~ it ?\\ ", .':Ta ,. , ~'~.~, ' - o. o~... o C ~~~~ It Council Polk .~ .Y Oriat~ al Proposal Tide: City Council Policy Regarding Applicarions for Tax Exernption by Designarion Date of Adoprion: February 3, 2004 Dates of Revisions: May 6, 2008 Page 1 of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprof t organizations from real and, personal property taxes. Need: Ciry Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. However, as provided in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the property. . 2.0 Policv The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemprion. If an organization does not comply with these requirements, the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: Title: City Council Policy Regarding Applications for Tax Exemprion by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 2 of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including ' but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July I of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c) status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code § 58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. 'The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its f nancial records, compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the Revenue as to whether the organization is or may betax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) oi'°Article 3 (§58.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code §58.1-3651 }, the organization will receive Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: Febn~ary 3, 2004 Dates of Revisions: May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3b51 and be approved as to form by the Ciry Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attomey. The City Attorney shall prepare the necessary ordinances for Ciry Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and format consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemprions granted shall be effective as of the next January I. 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 ResRonsibility and Authority Responsibility for initiaring application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information, application for exemption, verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shat! rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. Title: Ciry Ccuncil Policy Regarding Applications for Tax Exemption by Design,~tion Date of Adoption: .?ebruary 3, 2004 Dates of Revisions: May 6, 2008 Page 4 of 4 5.0 Definitions PUBLIC BF;NEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Requirements In addition tc~ the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively, documentation forwarded to the Ciry Council shall include submission of an application form in form and suf~stance substantially as presented in the attached Exhibit A, as well as any additional information :hat the applicant wishes to present to the City Council. -SS- Item i! L.3. ORDINANCES/RESOLUTIONS ITEM # 61416 Marlayne Castelluzzo, long term resident of Kempsville District, expressed concern re the purchase of land in Kempsville. Being a Board Member of the Stratford Chase Civic League, she questioned the rationale of purchasing additional City property. Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT.• Ordinance to AUTHORIZE the acquisition of land for $1,250,000 at 412 Oakmears Crescent (DISTRICT 2 - KEMPSVILLE) Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood November 22, 2011 1 AN ORDINANCE AUTHORIZING THE 2 EXERCISE OF AN OPTION TO ACQUIRE 3 1.53+/- ACRES OF PROPERTY LOCATED AT 4 412 OAKMEARS CRESCENT 5 6 WHEREAS, Mears Oak Investors, L.L.C. and Mercer Properties, L.L.C. (the 7 "Owners") own property located at 412 Oakmears Crescent, consisting of 1.53+/- acres of s land and two (2) buildings with 11,781 +/- sq. ft. of office space (GPIN: 1466-68-6554) (the 9 "Property"); to 11 WHEREAS, the Owners desire to sell the Property to the City of Virginia Beach (the 12 "City"); 13 14 WHEREAS, the Owners and the City have entered into an Option Agreement, which 15 specifies the terms and conditions by which the City could acquire the Property (the 16 "Option"); 17 is WHEREAS, City staff recommends acquisition of the Property for potential 19 assemblage with the surrounding City-owned property to forma 10+/-acre parcel of land 20 for sale and/or development purposes; and 21 22 WHEREAS, the Property would be acquired with funds available in the Princess 23 Anne Road/Kempsville Road Intersection Improvements Project (CIP 2-048) account. 24 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 2s 1. That the City Manager is hereby authorized to exercise the Option and further 29 authorized to purchase the Property, pursuant to §15.2-1800 of the Code of Virginia 30 (1950), as amended. 31 32 2. That the City Manager, or his authorized designee, is authorized to execute any 33 and all documents necessary in connection with the purchase of the Property, so long as 34 such documents are in accordance with the Summary of Terms, attached hereto as Exhibit 35 A_, and made a part hereof, and such other terms and conditions deemed necessary and 36 sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. 37 3e 3. In the event that any or all of the Property is subsequently sold, the proceeds 39 from such sale shall be returned to CIP 2-048 unless otherwise directed by City Council. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia on the 22 day of 42 November, 2011. APPROVED AS TO FORM: l~C~~ ~. L(~l2r~l°~/ City Attorney CA 11948 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D002\P011\00045570.DOC R-1 November 4, 2011 APPROVED AS TO CONTENT: ~nnz~~ C . o ~~s u lic Works /Real Estate EXHIBIT A SUMMARY OF TERMS Option to Purchase 412 Oakmears Crescent OWNER: Mears Oak Investors, L.L.C. and Mercer Properties, L.L.C. BUYER: City of Virginia Beach ("City") PROPERTY: 412 Oakmears Crescent / 1.53 +/- acre parcel with two (2) buildings with a total of 11,781+/- sq. ft. of office space SALE PRICE: $1,250,000 OPTION TERMS: City paid $25,000 option fee (to be applied to purchase price). City has until November 30, 2011 to exercise option. Closing within 10 days of exercise of option. SOURCE OF FUNDS: CIP 2-048 Princess Anne / Kempsville Road Intersection Improvements Project. -56- Item V.L4. ORDINANCES/RESOLUTIONS ITEM # 61417 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT.• Ordinance to AUTHORIZE a Request for Bids to lease space on a City- owned navigational aid tower ("Jetty Light 4) at Rudee Inlet re attaching, maintaining and operating weather data gathering equipment Voting: 9-D (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood November 22, 2011 1 AN ORDINANCE TO AUTHORIZE ISSUING A 2 REQUEST FOR BIDS TO LEASE SPACE ON A 3 CITY-OWNED NAVIGATIONAL AID TOWER 4 ("JETTY LIGHT 4") LOCATED ON THE NORTH 5 SIDE OF RUDEE INLET FOR THE PURPOSE OF 6 ATTACHING, MAINTAINING AND OPERATING 7 WEATHER DATA GATHERING EQUIPMENT 8 9 WHEREAS, there shall be granted, in the mode prescribed by Article 1, Chapter 21, 10 Title 15.2 of the Code of Virginia, as amended, upon the conditions hereinafter specified, a 11 lease of space on City-owned property known as "Rudee Inlet Jetty Light 4", located on the 12 North side of Rudee Inlet and extending 25' from the end of the breakwater; 13 14 WHEREAS, such lease shall be granted for the purpose of attaching, maintaining 15 and operating weather data gathering equipment upon the City-owned property; and 16 17 WHEREAS, such lease shall be granted in excess of five (5) years, and as such is 18 required to be advertised to the public and subject to bid as prescribed by law; 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the City Clerk shall cause to be advertised once per week for two successive 24 weeks, in a newspaper having general circulation in the City, a descriptive notice of the 25 proposed ordinance granting such .lease, and in addition the Clerk shall, by such 26 advertisement, invite bids for the privileges and rights proposed to be granted by such 27 ordinance, which bids shall be in writing and shall be delivered to the Mayor, or in the 28 absence of the Mayor, to the Vice-Mayor, in open session at the day and hour specified in 29 such advertisement, which bids shall then be presented to the City Council by the Mayor, 30 or in the absence of the Mayor, by the Vice-Mayor, to be dealt with and acted upon in the 31 manner prescribed by law. Such advertisement shall expressly reserve the right to reject 32 any and all bids, and the successful bidder shall be required to pay all costs of advertising 33 such ordinance in addition to all other sums required under such lease. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22 day of 36 November ,2011. PROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ GIG- fic/~~G~w blic Wor O erations Management City Attorney CA11963 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D008\P017\00046240.DOC R-1 November 22, 2011 a Q Z O Q V Q ~ ~ ~ U "'~3 l'~S '~33 C Q} (U ~3 L ~~"+ ~ ~ V ~ ~ L ~ ~ a~ -~ au v im, ~ ~ ~ c~ o s~ ~ ~ ~ ~ _ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~_ ~,~ ~ ~ U) ~~ 5/ ." ~u ... ~= ,_ .~ ~+ - 57- Item V.LS. ORDINANCES/RESOLUTIONS ITEM # 61418 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT.• Resolution to AUTHORIZE the City Manager to enroll the City in the National 100, 000 Homes Campaign and DIRECT staff to support the campaign, its state and regional components re housing medically fragile Homeless persons Voting.• 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood November 22, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENROLL THE CITY IN THE NATIONAL 100,000 HOMES CAMPAIGN AND TO DIRECT STAFF TO SUPPORT THE CAMPAIGN AND ITS STATE AND REGIONAL COMPONENTS WHEREAS, City Council has adopted aten-year plan to end homelessness; and WHEREAS, efforts to end homelessness are ongoing, both locally and in cooperation with regional localities; and WHEREAS, ongoing efforts to house homeless persons could be enhanced through participation in the 100,000 Homes Campaign to help house the most medically fragile homeless persons; and WHEREAS, City participation in this regional effort could bring additional benefits to the City through the sharing of resources and opportunities, NOW, THERFORE BE IT RESOLVED that the City Manager or designee is authorized to enroll the City in the national 100,000 Homes Campaign and shall direct staff to take appropriate actions to actively support that campaign, including its state and regional components and the goal of housing medically fragile homeless persons. Adopted by the City Council of the City of Virginia Beach, Virginia, this ~_ day of ~,Pmher , 2011. APPROVED TO CONTENT: Housin d , eigh orhood Preservation APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA12068 R-2 November 9, 2011 1,000 HOMES FOR 1,000 VIRGINIANS Coordinated by the Virginia Coalition to End Homelessness in partnership with local communities VCEH Roles and Responsibilities: -- Coordinate the initiative statewide to ensure collaboration between necessary partners; Provide policy and advocacy support to reduce the barriers of housing the 1,000 most vulnerable Virginians experiencing homelessness; -+~ Seek out state and federal partnerships that will assist local communities in accessing housing and services resources. --For example, explore possibility of a "Hospital to Home" pilot replication program- identify frequent users of state hospitals who require housing to improve their health outcomes, prevent future regular emergency room use, and maintain stability. -.Provide support to local communities in conducting Registry Weeks, as needed; -Bring local community leaders together across the state to share best practices, triumphs, and challenges; Local Community Partner Roles and Responsibilities: Each local community will maintain responsibilityand the primary leadership role for conducting the campaign in their local community. VCEH will provide support for coalition building and registry weeks as needed and as agreed upon with the local community leader ~ s ~. -+ Lead the 1,000 Homes / 100,000 Homes campaign in your community; -+Organize a Local Leadership Team and needed committees to implement the initiative; -- Report data on the number of vulnerable individuals in your community, the number of vulnerable individuals your community has housed each month and report retention rates for these individuals to VCEH to be reported to the 100,000 National Campaign; -- Conduct Registry Week; --Followall otherguidelines assuggested byCommon Ground and the 100,000 Homes campaign staff. -58- Item V.L6. ORDINANCES/RESOLUTIONS ITEM # 61418 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT: Ordinance to ACCEPT the donation of a Pet Shelter trailer from the Hampton Roads Planning District Commission (HRPDC), to ESTABLISH a temporary/emergency Pet Shelter and AUTHORIZE the City Manager to execute an Agreement with the HRPDC Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood November 22, 2011 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO ACCEPT THE DONATION OF A PET SHELTER TRAILER BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1) A twenty-four foot pet shelter trailer including animal care related equipment and supplies valued at $60,320 is hereby accepted from the Hampton Roads Planning District Commission to provide supplies and equipment to establish a temporary/emergency pet shelter; and 2) That the City Manager of his designee is hereby authorized to execute an agreement with the Hampton Roads Planning Commission to accept this donation. Adopted by the Council of the City of Virginia Beach, Virginia on the 22 day of Nnvamhar 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I ~ I Management Services .City- y's ice CA12062 R-1 November 1, 2011 Hampton Roads lJr6an Areas Security Initiative Acknowledgement of Receipt for Donated Equipment The Ilampton Roads Planning District Commission (HRPDC) has purchased equipment on behalf of 1lampton Roads jurisdictions, agencies and organizations under the Hampton Roads Urban llreas Security Initiative (UASI) Grant, and agrees to transfer ownership of the equipment listed on the attached form to Donee (as defined below) at no cost under the following conditions: Donee agrees to use the equipment to address unique..multi-disciplinary planning, organization, equipment, training, and exercise needs of Hampton Roads, and assist in building and sustaining capabilities to prevent, protect against, respond to, and recover from threats or acts of terrorism. 2. Donee agrees to provide proper storage and reasonable maintenance, repair and use to maintain operational condition of the equipment. 3. Donee agrees to take possession of the equipment listed below on an "as is" basis, without any representation or warranties, express or implied, including warranties of quality, performance or fitness for a particular purpose. Under no circumstances will the 11RPDC be liable to Donee or any other. partyfor any direct, indirect, incidental, special or consequential damages arising out of or related to the equipment. 1-IRPDC shall have no obligations for the. repair, maintenance, or for any other obligations with respect to the equipment. 4. Donee will receive all rights, titles and interest in the equipment listed below. This transaction does not constitute a sale of the equipment. Donee agrees it will take full responsibility for meeting federal requirements,as put.forth in Title 44, Section 1.3.32 of the Code of Federal Regulations. Donee agrees to notifythe HRPDC of disposal or transfer of ownership of equipment listed during its useful life if it occurs. on or before September 30, 2012 in accordance with fiscal year 2009 Homeland Security Grant Guidance. I hereby acknowledge the receipt of the following equipment (see attached): Donee: Received sy: Title: Signature: Date Received: -59- Item i!L7. ORDINANCES/RESOLUTIONS ITEM # 61419 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT.• Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned property for J. CHRISTIE and NANCY M. DAVENPORT to maintain an existing deck, fencing and a walkway for beach access at 4824 Bay Bridge Lane (DISTRICT 4 - BAYSIDE), subject to: The temporary encroachment 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. The temporary encroachment herein authorized terminates upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant 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 ftle or defend an action arising out of the construction, location or existence of the temporary encroachment. 4. 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. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The seaward extent of the temporary encroachment shall not extend past the eastward toe of the sand dune. The applicant must obtain and keep in force comprehensive general liability insurance as is deemed necessary by the City and all insurance policies must name the City as additional named insured in an amount not less than Five Hundred Thousand Dollars ($500, 000), combined single limits of such insurance policy or policies. The applicant 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 applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. 8. The temporary encroachment must conform to the minimum setback requirements as established by the City. November 22, 2011 -60- Item V.L7. ORDINANCES/RESOLUTIONS ITEM # 61419 (Continued) 9. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment 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 the temporary encroachment; and, pending such removal, the City may charge the applicant 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 applicant; and if such removal shall not be made within the time ordered herein above 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 Voting.• 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood November 22, 2011 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF PUBLIC RIGHT- 5 OF-WAY KNOWN AS OCEAN VIEW ~ AVENUE (CHESAPEAKE BEACH) s LOCATED AT THE REAR OF 4824 9 BAY BRIDGE LANE, FOR PROPERTY to OWNERS J. CHRISTIE DAVENPORT 11 AND NANCY M. DAVENPORT 12 13 WHEREAS, J. Christie Davenport and Nancy M. Davenport, desire to maintain 14 an existing 60.8 square foot on-grade deck with stairs, 3' vinyl fences and a timber 15 walkway for beach access on a portion of public right-of-way known as Chesapeake 15 Beach, located at the rear of 4824 Bay Bridge Lane, Virginia Beach, Virginia; and 17 is WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 2 o public rights-of-way subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, J. Christie Davenport and 26 Nancy M. Davenport, their heirs, assigns and successors in title, are authorized to 2 ~ maintain existing temporary encroachments fora 60.8 square foot on-grade deck with 2s stairs, 3'vinyl fences and a timber walkway for beach access on a portion of City 29 property as shown on the map marked Exhibit "A" and entitled: "ENCROACHMENT 3 o REQUEST - `EXHIBIT A' FOR J. CHRISTIE and NANCY M. DAVENPORT LOT 9A, 31 BLOCK 17, RESUBDIVISION OF LOTS 9 AND 10, BLOCK 17, CHESAPEAKE PARK 32 (M.B. 305, P. 91) SHEET 1 OF 1 SCALE: 1' = 20' DATE: AUGUST 30 2010," a copy of 33 which is on file in the Department of Public Works and to which reference is made for a 34 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 3 s City of Virginia Beach and J. Christie and Nancy M. Davenport (the "Agreement"), which 3 9 is attached 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 J. Christie and Nancy M. Davenport and the City Manager or his authorized 46 designee executes the Agreement. 47 4 8 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 2 day 4 9 of November , 2011. CA-11667 R-1 PREPARED: 10/28/11 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS, REAL ESTATE l ~~ l ` ~ R. YER, ASSIST 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 1 7th day of October , 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and J. CHRISTIE DAVENPORT AND NANCY M. DAVENPORT, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of these certain lots, tracts, or parcels of land designated and described as "Lot 9A, Block 17 and Lots 30 & 31, Block 4", as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 9 & 10, BLOCK 17 M.B. 4, PG. 47 CHESAPEAKE PARK VIRGINIA BEACH, VIRGINIA DATE 04-26-02 SCALE: 1" = 20', prepared by EDWARD F. RUDIGER, JR., LAND SURVEYOR for Engineering Services, Inc. Civil Engineering -Land Surveying," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 305, at page 91, and being further designated, known, and described as 4824 Bay Bridge Lane (GPIN 1570-52-3730) and Lots 30 & 31, Block 4, vacant and unimproved property (GPIN 1570-52-4805), Virginia Beach, Virginia 23455; GPIN'S: (UNIMPROVED CITY RIGHT-OF-WAY KNOWN AS OCEAN VIEW AVENUE - NO GPIN REQUIRED OR ASSIGNED) 1570-52-3730-0000; (4824 Bay Bridge Lane) and 1570-52-4805-0000; (Lots 30 & 31, Block 4 - Vacant -Unimproved Property) WHEREAS, it is proposed by the Grantee to maintain an existing 60.8 square foot on-grade deck with stairs, 3' vinyl fences and a timber walkway, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the existing Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing unimproved City right- of-way known as Ocean View Avenue located at the rear of 4824 Bay Bridge Lane known as Chesapeake Park, the "Encroachment Area"; and WHEREAS, the Grantee has procured a costal primary sand dune permit from the Wetlands Board; 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 REQUEST- `EXHIBIT A' FOR J. CHRISTIE and NANCY M. DAVENPORT LOT 9A, BLOCK 17, RESUBDIVISION OF LOTS 9 AND 10, BLOCK 17, CHESAPEAKE PARK (M.B. 305, P. 91) SHEET 1 OF 1 SCALE: 1" = 20' DATE: AUGUST 30 2010," a copy of which 2 is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 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. 3 It is further expressly understood and agreed that the. seaward extent of the Temporary Encroachment shall not extend past the eastward toe of the sand dune. It is further expressly understood and agreed that the Grantee must obtain and keep in force comprehensive general liability insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured 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 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 4 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, J. Christie Davenport and Nancy M. Davenport, 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) 5 CITY OF VIRGINIA BEACH gy (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 Public Notary Registration Number: My Commission Expires: (SEAL) 6 ~~ ~ y~~ Nanc .Davenport, Owner STATE OF VIRGINIA CITY/~~~Y OF VIRGINIA BEACH , t0-wlt: The foregoing instrument was acknowledged before me this 1 7th day of October , 2011, by J. Christie Davenport. 1~ ~ ~ AL) otary Public n •~ ' J` ~_ ~/ iii` ~~VD~AI~ / Notary Registration Number: 1 92628 My Commission Expires August 31 , 201 4 STATE OF VIRGINIA CITY/CY OF VIRGINIA BEACH , t0-wit: -i ~ ~.. The foregoing instrument was acknowledged before me this 1 7th day of October , 2011, by Nancy M. Davenport. G ,~ ~ l f (SEAL) Notary Public r*~~.. Notary Registration Number: 1 92628 My Commission Expires: August 31 , 201 4 7 APPROVED AS TO CONTENTS ~`~ ~r SIGNATURE i l l l ~ l\ ''~-~ APPROVED AS TO LEGAL SUFFICIENCY AND FORM i ~~ .... DANA ARMEYER, ASSTS ANT CITY ATTORNEY DEPARTMENT N/F BRUCE B. MILLS (D. B. 2233, P. 1224) 33 ~ 32 N/F J. CHRISTIE DAVENPORT GPIN 1570-52-4805 4 31 30 SAND FENCING ~(TYP)~ - - ~-0~ N/F LINDA B. BELL (D. B. 3200, P. 1112) 6 ~ ~~ `'o ~ I 8 "O 10 I c~ 12 ~ 14 16 ~6 _~ c NOTE: ALL IMPROVEMENTS ON LOTS 30 AND 31 ARE BY J.C. DAVENPORT OCEAN VIEW AVENUE (UNIMPROVED 70' R/W) (M.B. 4, P. 47) DECK ACESS I STEPS ~~2 ~ ~ ~~_ ~ ~,~~-. 29 I 28 6 I10 ~12 ~~ ,~~~ .7 ~^ IBERPORT . ~o _.~ pF ~~ /i LKWAY ^ W ~~ ~ ~~ ~~ ~ 1'L ~ ~~` j / I SITE PLAN ~~ ~J ~ ~ 0 20' 40' ~~____- ~12 /Nh 1" = 20' 16 DAVENPORT 3' VINYL FENCES 2 g (~) ~ 8.0' DAVENPORT o ^ ON GRADE rj DECK '- IP S 63'46'03" E 50.00' IP 3.4' N/F LESLIE T. ALLMAN N/F J. CHRISTIE DAVENPORT #20070619000826480 #200212313087375 N/F WILLIAM F. OLIVER, III 1570-~52n---3730 11 12 (D. B. 3721, P. 255) ~~I 8 1 ©2010 WATERFRONT CbNSULTING, INC. ALL IGHTS RESERVED. WATERFRONT ENCROACHMENT REQUEST - 'EXHIBIT A' CONSULTING FOR INC. 1112 JENSEN DRIVE, srE. 2os J. CHRISTIE and NANCY M. DAVENPORT VIRGINIA BEACH, VA 23451 LOT 9A, BLOCK 17, RESUBDISION OF LOTS 9 AND 10, PH: (757) 425.8244 FAX: (757) 21fr6667 M B 305, P. 91) BLOCK 17, CHESAPEAKE PARK (- ENGINEERING SERVICES PROVIDED BY: GREGORY O. MILSTEAD (757) 575-3715 SHEET 1 OF 1 oarE~ auruSr sn 2n1n -61- Item V.8. ORDINANCES/RESOLUTIONS ITEM # 61420 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, AS REVISED, BY CONSENT: Resolution to SUPPORT the City's application for the FY 2012-13 Virginia Department of Transportation (VDOT) Revenue Sharing Program Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr, and John E. Uhrin Council Members Voting Nay: None Council Members Absent.• Rosemary Wilson and James L. Wood November 22, 2011 1 A RESOLUTION TO SUPPORT THE CITY'S APPLICATION 2 FOR FY 2012-13 VIRGINIA DEPARTMENT OF 3 TRANSPORTATION (VDOT) REVENUE SHARING 4 PROGRAM 5 g WHEREAS, the City of Virginia Beach is eligible to submit applications for up to 7 $10,000,000 through the Virginia Department of Transportation Fiscal Year 2012-13 8 Revenue Sharing Program; and 9 10 WHEREAS, the City's highest priority improvements that meet the eligibility for 11 funding are CIP #2-117 - "Shore Drive -Phase III" and CIP #2-025, Witchduck Road 12 Phase II; 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 1. That the City of Virginia Beach City Council hereby supports applications for up 18 to $10,000,000 through the Virginia Department of Transportation Revenue Sharing 19 Program for CIP #2-117 - "Shore Drive -Phase III" and CIP #2-025 - "Witchduck Road 20 -Phase II;" 21 22 2. That the required matching funds will be provided from the current Roadways 23 Capital Improvement Program; and 24 25 3. That the City Manager is hereby authorized to execute on behalf of the City of 26 Virginia Beach .all necessary project agreements for project development and 27 construction. Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of November , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services ~ ~--C-i Aft r y's Office CA12067 R-2 November 21, 2011 I ~ '°~+. S'"In„ : ' ' ~ ~T _~0 as ; ~~~ ,~ ~~'~ ,\~I ' ~~' ~QQ"~'a ~ ~ - WITCHDUCK C ' a a ~. ~ ; o-~~ ~~ 6~ti ~~~~ ~yl~~ ~ Off: ~: ~ ~~ ~ ER CR I~~~ gab _A ~~~: ~L~ . ~~~ 0 ~ ~ o ~ ~ ~~ d `` ~°~ trQ a~,IA ,~~ trRNgrio~a ~~ .'i n~ - o ('~ r~'~r'~ olq~o 14 RQ ~ ~ ^ ~^~ K3 CZ' ~~/~~j~~\Vn7, VC'7 7~~1 O ~U ~ cT~ 4 I p 4 0 y ~"~1 V ~~ U ~ ~R~'~i~j ,~ ll ~ Z~ COINp~ ~ ~ ~ j' o ~ ,~ ~ ' m RACFiEL'~ST_ `~ p ~ - c~ ~a_~ _ ~4' ' ~ I ~a T ~ ~f°f77'' U v' V p~ n s`~ ~i - °- 11{~{~..:: r ,A,1 W a A+b6 +~ +~ = n a. a to p =o ~ c~_A ~-" 1 ° v ~~ o W ^~^ o ~ z n ° ~Rp o ~/ ~ ~ ::~ ~'~~~ t~ o JEANNE~STo ,,~.~ ~~ °w, oo - o~Q- I ~ ~~ ~' c ~PP r ~; O ~ ~- o ^ a ~ W Vj JQ J I I ; L? p ~ fl 0 ws ~ ~ C I I ~ °}.Q C ~ 1~ +' ~~ j ~W~+' ~, ~ BROADrST~--ZO~w -' ¢}~~ ~ ~ __ I J ~C I _ ~~ ~ ~ ~ d ~ ~g~° m =~~r~C~ ~ ~ 8 I ~ J Q > ^ /O '~ R ~ c +i ~ ~~] z~ w ~QO >' ~ f ~ ~~Q~ I r i' ~ + Q ~u1, ~ +/ ~ ~o~w-CLEVELAND ST-a F - I ~I 8 two _ _I /~, SOUTHERN~BL _ -'~ Y O I ~ ACADEMY RD,- y _ ~ ° ~ --"`p a4 ®~® RAP®~~~~~ ~F ° ~'`°- I . ~:' T- cam`] r'' ~° Q Q .~ ~ ~~~©p ~; ,Q ~` ~' t O `' F~CFS ~~ CT , ~' Q `gyp - .~ `~ a'~~ ~~• 70 _ a`' ~3 FR. ~~ ~ ~ " f~l a ~ o p ~~y ~~ -~ 2s_4~ - T 'Cis Q ~ ~ ~ ~ ~~• ''~ s ¢Paa®BBB Q' B6B ~-- WO~~~Qr ~Qa' r ~ - ~ --_ ~r ~v~~ .' ®p~~P{i~6. 8d9~ ° A~/r-. ~~ ~~ ~ ~ ~ ~ ~p ERS ~R a ~ ,~~_ ~ U ~, ~'~0 ^ ~W y ~ . Z . ~~ "-`gym - _ ~ ~ ~ =-"n` '"~~~ ~~~ o o ~ :~ ~ ~ O •~ (I Or~_ a ~~ ~ d_1__ a fl. °~ y ' N~ alp ~\ U~ p ~%~ ~ i ~' -¢~' ~ ®A I~~ :. ~p~. ~ LOCATION MAP : ~~ °R~~~~ `° ~ WITCHDUCK ROAD PHASE II ~ '~o~ : _ E tl~~_ rl~ ~ ss~,~~,~ flo t-.. ~~ a ~o ~~~`~'' q~,N~:' CIP 2-025 oo .FR Prepared by P.W./Eng./Eng. Support Services Bureau 11/03/2011 i ~~ ~ N W ~ E S .~ ~fl °a~ ~`~°a ~ 0 / , -m - v (T1 SITE ~ ~ ~O c~~- ~ ' ENR~~pR - ~- __~ - ~~, ~ ~ ~~~ -~ °. t- .~°_ _- ~ Gad -~\NE~~?L~' ~ pa ~ L=YNNFiAVEN°DR _-- ~1~~~ _ P~~-_ ~a r~_ ~ _ ~-. ~ S Q ~1 _ Q Lwo ^ Q y ~ m ~ -- - 9~ 4 nor ~ ~ a ° p ~y ~n L~ i- .p - , w- ~, 6R~~. ` , ,~ ~~ , ~ ~ O I z ~e~ ~~ ,-"~ST,9 ~ ~p ~~ ~ ~ FZ FZ I m __ -- °C'j~ 1~1g-_AS~IRp~ ~~ ~ °vGGPN E ~~~_~ ~ 'v 8 `-- ~ oo, ./ j 4?,-p CN ; ~ ~ , a ~ ~ Q ' ''~~' ~ IISLAND~L'N I ~_ , v ~ ./~ ~ o~ i . aCS I ~~~~'71n ° , C7 nI~ICI n ~ ~~ •~ ~'~ ' ~ ~ ~auw~ADAM=KEEL'ING~RDar C ,111, `` . o ! ,' 4 .~~~ ~ ~ a"4 d~''~? l p :` ~ ° ~ ~~ r -%~ / c7 ', ae _ _--F;.. Ni -~ ~~` -' p _ ~~ ~~ LOCATION MAP ., ~~''~ a _ SHORE DRIVE PHASE III ~ ~`~ ~'=6 Q -- °~ CIP 2-1117 a t~~s~ ~, _ ~ cr Prepared by P.W./Eng./Eng. Support Services Bureau 11/03/2011 -62- Item V.9. ORDINANCES/RESOLUTIONS ITEM # 61421 Jimmy Frost, 2240 Windom Place, Phone: 343-6768, spoke relative some Council Members and the City Manager are opposed to Virginia Legislatures acting to further protect citizen's right to own property. Upon motion by Councilman Davis, seconded by Councilman Uhrin, City Council ADOPTED: Resolution re the City's annual General Assembly Legislative Agenda Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood November 22, 2011 REQUESTED BY COUNCILMEMBER DAVIS 1 2 3 4 5 6 7 8 9 10 11 12 A RESOLUTION REGARDING THE CITY'S ANNUAL GENERAL ASSEMBLY LEGISLATIVE AGENDA BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That no item shall be included in any draft or version of the City's Legislative Agenda unless that item has been sponsored by a member of City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, this ~~n~ day of .~ic~vemb.Pr , 2011. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA12074 R-1 November 8, 2011 -63- Item V.IO. ORDINANCES/RESOLUTIONS ITEM # 61422 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council DEFERRED TO December 6, 2011, BY CONSENT.• Resolution COMMENDING Kevin Orth and Atlantic American Partners for their rehabilitation of Twin Canal Village Apartments re energy efficiency Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood November 22, 2011 -64- Item V.11. ORDINANCES/RESOLUTIONS ITEM # 61423 The following registered to speak in SUPPORT of Item 11. D. (Donation Meter Program): Deborah Maloney, Director -VOLUNTEERS OFAMERICA 2611 Baltic Avenue, expressed appreciation to City Council Jennifer Vaughan, 5433 Memorial Drive, Phone: 630-4011 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT: Ordinances to ACCEPT and APPROPRIATE: a. $308, 084 from the Virginia Compensation Board to the Clerk of the Circuit Court's Technology Trust Fund b. $20,489 from the U.S. Department of Justice to the Police Department and Sheriff's office re bullet proof vests c. $487, 321 to the Police DEA Shared Asset Special Revenue Fund re various equipment and services, including canines d. Estimated donations and AUTHORIZE the continued operation of the Donation Meter Program and DIRECT the City Manager to include this program in the FY 2012-13 City Budget e. $829,483 from U.S. Department of Housing and Urban Development to Housing and Neighborhood Preservation re the Housiug Choice Voucher Program (Section 8) Voting: 9-0 (By Consent) ICouncil Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood November 22, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE REIMBURSEMENTS TO THE CLERK OF THE CIRCUIT COURT'S FY 2011-12 TECHNOLOGY TRUST FUND WHEREAS, the Clerk of the Circuit Court has been approved $308,084 of reimbursements from the Virginia Compensation Board for technology purposes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That state reimbursements in the amount of $308,084 are accepted and appropriated, with state revenues increased accordingly, to the Clerk of the Circuit Court's FY 2011-12 Technology Trust Fund. Adopted by the Council of the City of Virginia Beach, Virginia on the 22 day of NnvPmhar , 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: - 1 ~~ .._.... ~ ~~ Management Services A s Office CA12070 R-1 November 7, 2011 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO PURCHASE BULLET PROOF VESTS 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 That $20,489 is hereby accepted from the U. S. Department of Justice and 6 appropriated, with estimated federal revenues increased accordingly, to the FY 2011-12 7 Operating Budgets of the Police Department in the amount of $13,318 and Sheriff's Office 8 in the amount of $7,171 to purchase bullet proof vests. Adopted by the Council of the City of Virginia Beach, Virginia on the 22 day of Nr,~emher 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: r c' ?~_ ~~ ,~ ~ I~ ~ 1~ ~ Management Services Ci 's Office CA12063 R-1 November 1, 2011 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF THE DEA SHARED ASSET SPECIAL REVENUE FUND FOR CANINES, EQUIPMENT, AND SERVICES FORTHE POLICE DEPARTMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $487,421 is hereby appropriated from the fund balance of the DEA Shared Asset Special Revenue Fund, with estimated revenue increased accordingly, to the FY 2011-12 Operating Budget of the Police Department to purchase various equipment and services for the Police Department including canines. Adopted by the Council of the City of Virginia Beach, Virginia on the 22 day of November 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: .. r\ ~- ~ ~~ ~ ~ r Management Services `Cty_+~t n ffice CA12064 R-1 November 2, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE TO APPROPRIATE ESTIMATED DONATIONS AND TO AUTHORIZE THE CONTINUED OPERATION OF THE DONATION METER PROGRAM WHEREAS, the Virginia Beach City Council authorized a one year pilot program to collect donations from meters at the oceanfront to reduce panhandling and homelessness; and WHEREAS, the one year timeframe for this pilot program has lapsed and Staff is requesting authorization to continue this program for an amount of time deemed appropriate by City Council. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: (1) That $10,000 from donations and sponsorships is hereby appropriated, with miscellaneous revenue increased accordingly, to the FY 2011-12 Operating Budget of the Department of Housing and Neighborhood Preservation; and (2) That the donation meter program to reduce panhandling and homelessness at the resort area is hereby extended through June 30, 2013; and (3) That the City Manager is hereby directed to include this program in the FY 2012-13 City Budget. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22 day of November , 2011. Requires an affirmative vote of a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: }~ ~ ~~ Management Services CI° y or y's Office CA12069 R-1 November 8, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO APPROPRIATE FEDERAL FUNDS TO THE FY 2011-12 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $829,483 is hereby accepted from the U.S. Department of Housing and Urban Development and appropriated, with federal revenue increased accordingly, to the FY 2011-12 Operating Budget of the Department of Housing and Neighborhood Preservation for the Housing Choice Voucher Program. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22 day of November , 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: J wwii? (sue, Management Services / A 's ice CA12077 R-1 November 9, 2011 -65- Item V.12. ORDINANCES/RESOLUTIONS ITEM # 61424 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT: Ordinances to TRANSFER: a. X133, 000 to the Parking Enterprise Fund re lease payments for Croatan beach and parking lot b. $135, 667 to the Sheriff's Office re expanding medical services at the Corrections Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood November 22, 2011 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO TRANSFER FUNDS FROM THE PARKING ENTERPRISE FUND RESERVE FOR CONTINGENCIES TO PROVIDE LEASE PAYMENTS TO THE COMMONWEALTH FOR THE CROATAN (SOUTH) PARKING LOT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $133,000 is hereby transferred from the Parking Enterprise Fund Reserve for Contingencies to the Parking Enterprise Fund for lease payments to the Commonwealth of Virginia for the Croatan beach and parking lot. Adopted by the Council of the City of Virginia Beach, Virginia on the 22 day of November 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I~ ~ -- ~~ ~`> % ~ ` ~ ~ ~ Management Services Cit r y' O ice CA12075 R-1 November 8, 2011 1 AN ORDINANCE TO TRANSFER $135,667 FROM GENERAL 2 FUND RESERVE FOR CONTINGENCIES TO THE FY 2011- 3 12 OPERATING BUDGET OF THE SHERIFF'S OFFICE TO 4 EXPAND MEDICAL SERVICES AT THE CORRECTIONS 5 CENTER 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $135,667 is hereby transferred from the General Fund Reserve for 10 Contingencies to the FY 2011-12 Operating Budget of the Sheriff's Office to expand 11 medical services at the Corrections Center. Adopted by the Council of the City of Virginia Beach, Virginia on the 22 day Of November 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ ~ e `'~ Management Services tt n 's Office __--- - CA12076 R-1 November 9, 2011 I II ., „ Conrned Healthcare Management, Inc. 7250 Parkway Orive, Suite 400 Hanover, Maryland 21076 410.587.5520 800.809.8476 410.712.4760 fax www.conmedinc.com Conmed "EALTH~A"E MANAGEMENT September 22, 2011 Staffins~ Modification Proaosal The experience gained by CONMED's administrative and medical staff in the operation of the medical services for inmates at the Virginia Beach Correctional Facilities (VBCF) has allowed us to continuously refine our understanding of the staffing, operational needs and clinical demands of the VBCF facility. It is our primary goal to continue to meet and exceed the desired level of quality and continuity of care. Additionally, we continue to focus on quality and standards measurements, to allow the audit status to maintain at its current level, as required for continuous accreditation. Based on our accumulated experience, we believe a mod cation of the staff resources, as illustrated below will ensure that the proposed medical observation units will be staffed appropriately for the delivery of care required by inmates housed in such observation units. Staffing Recommendations We are recommending that the proposed medical observation units be staffed with full-time 24/7 nursing coverage. The most cost effective approach will be to use Licensed Practical Nurses (LPNs) as illustrated in the chart below. We currently provide 24/7 on-call support to the on-site staff, through a team consisting of the Medical Director, Mid-level Provider, Health Services Administrator and Director of Nurses. This on-call team will be available to support the medical observation unit nursing team. PosHlan St11R Stn Yon Tue wed Ttw Fd Sat Wak Tahl Hours Licensed Pra~ical Nurse LPN 8 8 6 8 8 8 8 5B Licensed Practlgl Nurse Eve 8 8 8 8 8 8 8 56 Licensed Prectlgi Nurse LPN N' ht 8 8 8 8 8 8 8 S6 Total Hours 24 24 24 24 24 24 24 168 Assuming the primary post for this team of LPN's will be at the male observation unit on the 2"d floor, the clinical and cost effectiveness of this LPN team can be enhanced through the use of video technology and a paging system to allow monitoring of the female observation unit on the and Floor. Proposed Cost This proposal covers the cost of salaries, benefits, insurances, taxes and overhead for the staff members and also covers the back-fill of each of these positions whenever the primary staff members are not available (i.e., scheduled absences and/or call-outs). The annual cost will be $271,344, which will be billed monthly at a rate of x22,612. If services are provided for less than a complete month, the charges for that period will be pro-rated. If this proposal is accepted, we will require approximately thirty (30) days to recruit and train this staff before a "go-live° date. - 66 - Item V.M. PLANNING ITEM # 61425 1. SEAN/JULIE GUSHING 2 .S.L. NUSBAUM REALTY COMPANY 3. S.L. NUSBAUMREALTYCOMPANY/ USF/PROPCO II, LLC 4. GAYLE H. JOHNSON/EDITH D. KRATZ TRUST S. MOTHER SETONHOUSE T/A MOTHER SETON YOUTH SHELTERS 6. MARYL. KAUFMAN 7. CARING TRANSITIONS 8. MICHAEL D. SIFEN, INC. 9. ANNECY, L.L.C. IO.Ordinance to REPEAL Section 1906 of the City Zoning Ordinance (CZO) re the Old Beach Design Review Committee SUBDIVISION VARL4NCE STREET CLOSURE CONDITIONAL CHANGE OF ZONING B-2 AND I-1/A-l8 NONCONFORMING USE MODIFICATIONOFA CONDITIONAL USE PERMIT (Approved March 25, 1977) CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CHANGE OFZONING 0-2 to Conditional B-IA. CONDITIONAL USE PERMIT CHANGE OF ZONING AG-2 to Conditional PDH-2 November 22, 2011 - 67 - Item V.M. PLANNING ITEM # 61426 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED IN ONE MOTION, BY CONSENT, Items I, 2 (ALLOWED WITHDRAWAL), 3, 4, S, 6, 7 (DEFER INDEFINITELY), 8 a/b, and 10 (DENIED) of the PLANNING BY CONSENT AGENDA. Item No. 9 (ANNECY, LLC.) shall be discussed. Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent.• Rosemary Wilson and James L. Wood November 22, 2011 -68- Item V.M.1. PLANNING ITEM # 61427 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, application of SEAN and JULIE GUSHING for a Subdivision Variance re a new single family dwelling, workshop and storage at 2329 Vaughan Road (GPIN #2401175141) (DISTRICT 7 -PRINCESS ANNE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SEAN & JULIE GUSHING, Subdivision Variance, 2329 Vaughan Road (GPIN #2401175141) re a new single family dwelling, workshop and storage DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. The site shall be developed substantially in accordance with the submitted subdivision plan entitled "Subdivision Plat of The Property of Sean T. Cushing and Julie W. Cushing, "dated July 14, 2011, and the Site Plan entitled "Site Plan of Parcel A Property of Sean T. Cushing and Julie W. Cushing, 2329 Vaughan Road Virginia Beach, Virginia, for Stephen Alexander Homes, "dated May 13, 2011, prepared by Engineering Services, Inc. Said Plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 2. The property owner shall maintain the on-site gravel driveway sufficient to support emergency vehicles at all times. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Second of November, Two Thousand Eleven Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent.• Rosemary Wilson and James L. Wood November 22, 2011 -69- Item V.M.2. PLANNING ITEM # 61428 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ALLOWED WITHDRAWAL, BY CONSENT, of an Ordinance upon Application of S. L. NUSBAUM REALTY COMPANY for a Street Closure at Hodgeman Road and Hillock Crossing (adjacent GPINS 1468191203; 1468194932; 1468198429). ((DISTRICT 4 - BAYSIDE). Voting.• 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood November 22, 2011 - 70 - Item T!M.3. PLANNING ITEM # 61429 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, an Ordinance upon Application of S. L. NUSBAUM REALTY COMPANY/USF PROPCO II, LLC for a Conditional Change o Zoning from B-2 Community Business and I-1 Light Industrial to Conditional A-18 Apartment at Diamond Springs Road and Northampton Boulevard (GPIN 1468193789; 1468191203; 1468194932; 1468198429). DISTRICT 4 -BAYSIDE. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SUBJECT TO BZA VARL4NCE/PROFFERS, Ordinance upon application of S. L. NUSBAUM REALTY COMPANY/USF PROPCO II, LLC, Conditional Change o Zoning, B-2 Community Business & I-1 Light Industrial to Conditional A-18 Apartment, Comprehensive Plan - Northampton Blvd Corridor Density:16.7 DU/acre Diamond Springs & Northampton Blvd. (GPIN #1468193789; 1468191203; 1468194932; 1468198429). DISTRICT 4 -BAYSIDE. The following condition shall be required: I.An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Second of November, Two Thousand Eleven November 22, 2011 -71- Item V.M.3. PLANNING Voting: 9-0 (By Consent) Council Members Voting Aye: ITEM # 61429 (Continued) Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood November 22, 2011 ~~4G1N1A'BEAc~L ~; ~ CITY OF VIRGINIA BEACH ~ ~-r~' a INTER-OFFICE CORRESPONDENCE ~ 2 O~ ~ tl V 9,P 04' MS Op OUR NpT `DNS In Reply Refer To Our File No. DF-8230 TO: Mark D. Stiles B. Ka Wilsort~, FROM: Y DATE: November 10, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; S.L. Nusbaum Realty Company The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 22,2 011. I have reviewed the subject proffer agreement, dated September 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 THIS AGREEMENT is made as of this 1st day of September, 2011, by and between USF PROPCO II, LLC, a Delaware limited liability company ("USF Propco", to be indexed as grantor); S_L. NUSBAUM REALTY COMPANY, a Virginia corporation ("Nusbaum", to be indexed as grantor) (USF Propco and Nusbaum hereinafter referred to collectively as the "Grantor"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee," to be indexed as grantee). WITNE5SETH: WHEREAS, USF Propco is the current owner and Nusbaum the contract purchaser of those parcels located in fhe City of Virginia Beach, Virginia identified as GPIN Nos. 1468-19-3789-0000; 1468-19-1203-0000; 1468-19-4932-0000; 1468-19-8429-0000 (these parcels, together with those portions of Hodgman Road contiguous thereto hereinafter referred to as the "Property"); 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 a portion of the Property from B-2 and I-1 to Conditional A-18; and WHEREAS, the Property is more particularly described on the legal description attached as Exhibit A; 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 A-18 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 A-18 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 covered by such GPIN Nos.1468-19-3789-0000;1468-19-1203-0000;1468-19-4932-0000;1468-19-8429-0000 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 upon 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 Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Siska Aurand Landscape Architects, Inc., entitled "Landscape Plan, Spring Water Apartments," dated August 25, 2011, consisting of 2 sheets (the "Site Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. The maximum number of residential units constructed on the Property shall not exceed two-hundred fifty, two (252). 3. The architectural treatment, size and quality of the residential units, garages, and club house constructed on the Property shall be in substantial conformity with the conceptual renderings prepared by Cox, Kliewer & Company, P.C., entitled "Spring Water Apartment Conceptual Rendering," and "Spring Water Apartments", both dated August 25, 2011, (the "Rendering"), copies of which are on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 4. The Grantor shall construct on the Property, when developed, a swimming pool facility in substantial conformity with the conceptual rendering prepared by Siska Aurand Landscape Architects, Inc., entitled "Swimming Pool Concept B -Spring Water Apartments," dated August 25, 2011, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 5. The Grantor shall construct on the Property, when developed, alandscape/waterscape entrance feature in substantial conformity with the conceptual rendering prepared by Siska Aurand Landscape Architects, Inc., entitled "Entry Fountain Concepts -Spring Water Apartments," dated August 25, 2011, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 422~98~2 G 6. The design, size and type of the ornamental fencing to be constructed along the Property's Diamond Springs Road frontage, and the Auto Gates to be installed in the interior of the site, shall be in substantial conformity with the conceptual rendering prepared by Siska Aurand Landscape Architects, Inc., entitled "Fencing and Auto Gate Elevations", dated August 25, 2011, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 7. The architectural treatment, size and quality of the freestanding sign to be located along the Property's Diamond Springs Road frontage shall be in substantial conformity with the conceptual rendering prepared by Siska Aurand Landscape Architects, Inc., entitled "Small Street Signage Concept - Spring Water Apartments", dated August 25, 2011, (the "Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 8. The Grantor shall install landscaping and ornamental fencing along the Property's Diamond Springs Road frontage in substantial conformity with the exhibit prepared by Siska Aurand Landscape Architects, Inc., entitled "Landscape/Greenspace Along Diamond Springs Road -Spring Water Apartments", dated August 25, 2011, (the "Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 9. The Grantor shall provide a fountain feature in the stormwater impoundment pond depicted on the Site Plan. 10. The Grantor shall provide an emergency access entrance (the "Emergency Entrance") substantially as depicted on the Site Plan, which shall be used for access by emergency vehicles only. The design of the Emergency Entrance, which shall consist of grass with turf reinforcement capable of supporting emergency vehicles, shall be coordinated with Traffic Engineering during Site Plan review. 11. 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 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. IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: USF PROPCO II, LLC, a Delaware limited liability company By: Name: ~l-EX~4~V 1~L7Z cam. ~i4/~U6 Title: A-u7~f~i2r2~f ~1GNA-7~/~Y STATE OF ,~~/~~5 ~~'COUNTY OF Cmm/G , to-wit: The foregoing instrument ,was acknowledged before me this lath day of ,S~~prl-/N~3r F.R- , 201 ~ , by- L~Xg~~,r~2~~ ,~~}ixJE ,who is personally known to me or has produced , ~/~Il~®tc9~U~ as identification in his capacity as A~2fZE~ ~IGwATD/~Yo USF Propco ,LLC, on behalf of the company. Notary Public My Commission Expires: _~o ~-fen~ bey a g 1 ~Ol ~( Registration No. [NOTARIAL SEAL/STAMP] OFfiCIAL SEAL. DEBORAH JOY BURME1StER Notary Public --state of Illinois My 6ommissiort Expires Sep 28, 2044 422598v1 [~ IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: S.L. NUSBAUM REALTY COMPANY, a Virginia corporation By Na Tit COMMONWEALTH/ST E OF V l {r c,pt. CITY/COUNTY OF , to-wit: The foregoing instrument r was acknowledged before me this ~ day of ;~-t~ ~ ~ , 201 ~ , by w - ~ ~ ~ ~~ ~! (11~-~, who is personally known to me or has produced ~- as identification in his capacity as of S.L. Nusbaum Realty Company, on behalf of the company. Notary Public My Commission Expires: ~~ O Registration No. ~53c1`-l S [NOTARIAL SEAL/STAMP] t;I.C~RI~ HARRISaI'~ 4~lotary Public i Commonwealth of Virginia Registration No. 353975 My Commission Cxpires Feb. 28, 2013 42~SSovi EXHIBIT "A" PARCEL 1 BEGINNING at a point where the common parcel lien between Parcel A and Remainder of Parcel B as shown in Map Book 57, Page 16, recorded in the Clerk's Office, Circuit Court of Virginia Beach, Virginia (the "Clerk's Office"), now intersects the western right-of--way line of Diamond Springs Road, thence following the western right-of--way line of Diamond Springs Road South 31 ° 25' 18" East 389.61 feet to a point; thence South 58° 34' 42" West 2.50 feet to a point; thence South 31 ° 25' 18" East 210.00 feet to a point; thence North 58° 34' 42" East 2.50 feet to a point; thence South 31° 25' 18" East 29.63 feet to a point of curvature; thence along a curve to the left having a radius of 3,819.29 feet and a length of 248.94 feet to a point; thence leaving said right-of--way line South 80° 29' 38" West 725.84 feet to a point on the eastern right-of--way line Hodgman Road; thence following the eastern right-of--way line of Hodgman Road North 10° 49' 34" West 511.84 feet to a point; thence South 80° 30' 22" West 3.47 feet to a point; thence North 9° 54' 38" West 299.91 feet to a point; thence leaving said right-of--way line North 80° 30' 22" East 407.99 feet to the above mentioned point of beginning. Said parcel of land described herein containing 10.504 acres more or less. PARCEL 2 BEGINNING at a point where the common lot line between the residual of Parcel and Parcel A-l, as shown in Deed Book 1715, Page 244, recorded in the Clerk's Office, intersect the western right-of--way line of Hodgman Road; thence following the western right-of--way line of Hodgman Road South 8° 50' 18" East 121.36 feet to a point; thence South 10° 57' 48." East 670.80 feet to a point; thence leaving said right-of--way line South 75° 10' 38" West 566.56 feet to a point; thence North 10° 57' 48" West 407.88 feet to a point; thence North 50° 11' 48" East 45.66 feet to a point; thence South 10° 57' 48" East 280.15 feet to a point of curvature; thence along a curve to the left having a radius of 100.00 feet at a length of 125.17 feet to a point; thence North 49° 55' 27" East 447.78 feet to a point, thence North 40° OZ' 23" West 22.00 feet to a point; thence South 49° 55' 27" West, 2.00 feet to a point; thence North 40° 02' 23" West, 512.50 feet to a point on the southern right-of--way line of Northampton Boulevard; thence following said right-of--way South 53° OS' 44" East 8.81 feet to a point; thence North 40° 02' 23" West 13.66 feet to a point; thence North 36° 50' 24" East 46.90 feet to a point; thence leaving said right-of--way line South 56° 56' 09" East 69.33 feet to a point of curvature; thence along a curve to the left having a radius of 110.00 feet and a length of 84.38 feet to a point of tangency; thence North 79° 06' 49" East 24.14 feet to a point; thence North 36° 48' 00" East 198.72 feet to the above mentioned point of beginning. Above-mentioned parcel of land containing 4.285 acres more or less. - 72 - Item V.M.4. PLANNING ITEM # 61430 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, a Resolution upon application of GAYLE H. JOHNSON and GAYLE H. JOHNSON, TRUSTEE UNDER THE EDITH D. KRATZ TRUST for a Nonconforming Use to consolidate three (3) lots into one (1) site at 8304 and 8306 Ocean Front Avenue (DISTRICT S - LYNNHAVEN) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Resolution for a Nonconforming Use upon application of GAYLE H. JOHNSON and GAYLE H. JOHNSON, TRUSTEE UNDER THE EDITH D. KRATZ, Nonconforming Use, 8304 and 8306 Ocean Front Avenue (GPINs 2510600170; 2510600085). DISTRICT S - LYNNHAVEN The following conditions shall be required: The property shall be redeveloped as depicted on the Plan entitled, "Johnson Residence, 8304 and 8306 Ocean Front Avenue, Virginia Beach, VA, "prepared by WPL, dated September 21, 2011, including the vacation of all internal property lines and construction of a 2"`~ story addition with an exterior staircase to the "Guest House. " 2. When the "Guest House " is modified, it shall be constructed in substantial conformance with the elevation depicted on said Plan identified above. This application shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Second of November, Two Thousand Eleven Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood November 22, 2011 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING 3 USE AND STRUCTURE ON PROPERTY 4 OWNED BY GAYLE H. JOHNSON AND 5 GAYLE H. JOHNSON, TRUSTEE UNDER g THE EDITH D. KRATZ TRUST AND 7 LOCATED AT 8304 AND 8306 OCEAN g FRONT AVENUE 9 10 WHEREAS, Gayle H. Johnson, (hereinafter the "Applicant") has made 11 application to the City Council for authorization to enlarge a nonconforming use and 12 structure located at 8304 and 8306 Ocean Front Avenue, in the R-5R, Residential 13 District, by allowing two dwelling units on one parcel and allowing the expansion of one 14 of the units; and 15 16 WHEREAS, the location of more than one dwelling unit per parcel is not 17 presently allowed in the R-5R Zoning District. However, the two dwelling units were 18 built prior to the adoption of the applicable zoning regulations and are therefore 19 nonconforming; and 20 21 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 22 enlargement of a nonconforming use and structure is unlawful in the absence of a ?3 resolution of the City Council authorizing such action upon a finding that the proposed _4 use and structure, as enlarged, will be equally appropriate or more appropriate to the 25 zoning district than is the existing use and structure; 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That the City Council hereby finds that the proposed use and structure, as 31 enlarged, will be equally appropriate to the district as is the existing use and structure 32 under the conditions of approval set forth hereinbelow. 33 34 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 35 BEACH, VIRGINIA: 36 37 That the enlargement of the nonconforming use and structure is hereby 38 authorized, upon the following conditions: 39 40 1. The property shall be redeveloped as depicted on the plan entitled, "Johnson 41 Residence, 8304 & 8306 Ocean Front Avenue, Virginia Beach, VA," prepared by 42 WPL, dated September 21, 2011, including the vacation of all internal property 43 lines and construction of a 2"d story addition with an exterior staircase to the 44 "Guest House." 45 '~6 2. When the "Guest House" is modified, it shall be constructed in substantial 47 conformance with the elevation depicted on said plan identified above. 48 -t9 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd- day of November , 2011. APPROVED AS TO CONTENT: Planninc~~ pepartment APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA12079 R-1 November 10, 2011 -73- Item V.M.S. PLANNING ITEM # 61431 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, an Ordinance upon Application of MOTHER SETON HOUSE T/A SETON YOUTH SHELTERS for a Modi acation of their Conditional Use Permit (approved March 25, 1977) to delete Condition No. 9 at 465 Kings Grant, 465 Kings Grant Road (GPIN 1497072219) DISTRICT 5 - L YNNHA VEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MOTHER SETON HOUSE T/A SETON YOUTH SHELTERS for their Modi acation of a Conditional Use Permit (approved March 25, 1977) to delete Condition No. 9 at 465 Kings Grant Road (GPIN #1497072219) (DISTRICT S - LYNNHAVEN), The following conditions shall be required: Prior to final Site Plan approval, the applicant shall work with Planning Department Staff to define a building and parking footprint, acceptable to the Planning Director, that reduces the impact upon steep slopes and erodible soils adjacent to the lake, while providing for maximum feasible tree preservation in the northeastern corner of the site. Except for the clearing of a minimal site for the construction of the facility, the trees located in the area, which is 50 feet from the existing curbs of both Edinburgh Drive and Kings Grant Road, shall be preserved and may be removed only if dead or diseased. 2. The Group Home shall be approximately 5, 600 square feet in area and shall accommodate a maximum of ten (10) girls, 12 to 17 years of age, who shall be admitted only in accordance with the "Eligibility, Admissions and Release Policies and Procedures" submitted with the Conditional Use Permit application and on file with the Department of Planning. 3. Use of the facility shall consist of residential accommodations and counseling services for residents and family members. 4. The design of the facility shall be substantially similar to the attached exhibit entitled "SETON HOUSE FOR BOYS". Prior to final Site Plan approval, more detailed renderings, including materials and colors, shall be submitted for approval by the Planning Director or his designee, to ensure that the facility will be residential in character and compatible with surrounding residential development. The residential facility, to be known as "Seton House for Girls ", shall be located as shown on the Site Plan submitted showing designated setbacks. S. Once admitted to the facility, residents shall be supervised at all times and shall be released only in accordance with the "Eligibility, Admissions and Release Policies and Procedures"submitted with the Conditional Use Permit application and on file with the Department of Planning. 6. This Group Home is approved for girls ages 12 through 17. November 22, 2011 - 74 - Item i!M.S. PLANNING ITEM # 61431 (Continued) 7. Anew split rail fence and landscaping is to be installed around the entire St. Aidan's property. Landscaping shall be completed on the site as shown on the Site Plan prior to the initial occupancy of the facility. Category I materials shall be used, except that Category II shall be used on the North and South sides of the facility. 8. Mother Seton House, Inc. will attempt to establish a Community Advisory Board and invite participation by residents of the immediate neighborhood. Seton House shall extend an invitation for Board membership to a member of the Kings Grant community who shall be designated by the Board of Directors of the Kings Grant Community Association. 9. St. Aidan's Episcopal Church, site owner, will complete exterior refurbishment of the Church facility, including new paint, prior to application of paint and other exterior materials to Seton House so as to insure that such materials and colors shall be substantially the same. 10. St. Aidan's Church shall allow the parking of Seton House staff or visitor vehicles on the Church parking lot, except on Sundays or religious holidays. A gravel sidewalk shall be installed between the parking lot and the housing facility. 11. Seton House will make requests in writing to the Principals of Princess Anne High School and Cox High School to allow Seton House residents to attend their schools on an annual rotating basis along with First Colonial High School. 12. Seton House will affect aclean-up of the lake area on the South side of the site prior to occupancy. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Second of November, Two Thousand Eleven Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood November 22, 2011 - ~s - Item i!M. 6. PLANNING ITEM # 61432 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, an Ordinance upon Application of MARY L. KAUFMAN for a Conditional Use Permit re a residential kennel at 4281 Charity Neck Road (GPIN #2410595748) (DISTRICT 7 -PRINCESS ANNE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of MARY L. KAUFMAN for a Conditional Use Permit re a residential kennel at 4281 Charity Neck Road GPIN 2410595748) (DISTRICT 7 -PRINCESS ANNE) 80111137448 The following conditions shall be required.• 1. No more than nine (9) adult dogs (over six (6) months of age) shall be kept on the property at any time. At the time when the number of dogs kept on the property has been reduced to four (4) through deaths, change in ownership, or any other means, this Use Permit shall terminate and the number of dogs (over six (6) months of age) shall not exceed four (4). 2. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 3. The applicants shall maintain the dogs in a current status on any required shots and shall properly license the dogs through the City of Virginia Beach. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Second of November, Two Thousand Eleven Voting.• 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay.• None Council Members Absent: Rosemary Wilson and James L. Wood November 22, 2011 - 76 - Item V.M. 7. PLANNING ITEM # 61433 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council DEFERRED INDEFINITELY, BY CONSENT, an Ordinance upon application of CARING TRANSITIONS, for a Conditional Use Permit, truck and trailer rentals, 229 South Rosemont Road. (GPIN #1487613572). DISTRICT 3 -ROSE HALL Ordinance upon Application of CARING TRANSITIONS for a Conditional Use Permit re truck and trailer rentals at 229 South Rosemont Road (GPIN #1487613572)(DISTRICT 3 -ROSE HALL DISTRICT) Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent.• Rosemary Wilson and James L. Wood November 22, 2011 - 77 - Item V.M.8. PLANNING ITEM # 61434 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED AS PROFFERED/CONDITIONED, Ordinances upon application of MICHAEL D. SIFEN, INC. at Indian River Road and Kemps River Drive fora Change of Zoning District Classification, from O-2 Office to Conditional 8-1A Limited Community Business, Comprehensive Plan -Suburban Area Use: warehouse; and, a Conditional Use Permit, mini warehouse/self storage, on Indian River Road, GPIN #1465199452). ((DISTRICT 1- CENTERVILLE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinances upon application of MICHAEL D. SIFEN, INC. at Indian River Road and Kemps River Drive fora Change of Zoning District Classification from O-2 Office to Conditional B-1A Limited Community Business, Comprehensive Plan -Suburban Area Use: warehouse; and, a Conditional Use Permit, re mini warehouse/self storage, Indian River Road, (GPIN #1465199452) (DISTRICT 1 - CENTERVILLE) 80111137449 Change o Zoning District Classification, from O-2 Office to Conditional B-IA Limited Community Business, Comprehensive Plan -Suburban Area Use: warehouse The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. Conditional Use Permit: mini warehouse/self storage The following conditions shall be required.• 1. The applicant shall install Category 1 Landscape screening along the Western property line and the property line fronting Indian River Road. 2. The applicant shall install foundation landscaping along the entire building frontage of Indian River Road and along the Eastern side of the building, except for necessary building access. 3. Building materials shall consist of concrete or brick panels, texture concrete masonry block, stone and/or EFIS (exterior insulation finishing system). Windows and doors shall be tinted and vinyl clad or aluminum store front style. 4. The applicant/owner shall submit a Lighting Plan and/or Photometric Diagram Plan at detailed Site Plan Review. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non-business hours. November 22, 2011 - 78 - Item V.M.8 PLANNING ITEM # 61434 (Continued) These Ordinances shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Second of November, Two Thousand Eleven Voting.• 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood November 22, 2011 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7947 TO: Mark D. Stiles ,,,,,,~ ~..~ FROM: B. Kay Wilso DATE: November 10, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Michael D. Sifen, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 22, 2011. I have reviewed the subject proffer agreement, dated June 30, 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 ~' MICHAEL D. SIFEN, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30~ day of June, 2011, by and between MICHAEL D. SIFEN, INC., a Virginia corporation, party of the first part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, parry of the second part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of that parcel of property located in the Center~~ille District of the City of Virginia Beach, containing approximately 42,680 square feet which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is hereinafter referred to as the "Property"; and WHEREAS, the party of the first part has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from 0-2 Office District to Conditional B- lA Limited Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1465-i9-9452 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 2Si Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 PREPARED BY: SYK1:S. ~®URDON, ~ r~1PRN Rc l.)rVY. P.C 1 PREPARED BY: ~ : SYIC£S, BOURDON. 5~ A~£I2N ~ L£v~. ~.c. WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of 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 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 a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-lA Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid fro duo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, it shall be as a self storage facility substantially in accordance with the "REZONING & USE PERMIT EXHIBIT INDIAN RIVER DEVELOPMENT 54.8 INDL~N RIVER ROAD GPIN #1465-19-9452-0000, VIRGINIA BEACH, VIRGINIA", dated 6/28/11, prepared by Martin Engineering, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). 2. When the Property is developed, the architectural design, exterior building materials and colors of the self storage building shown on the Concept Plan will be substantially as depicted on the exhibit entitled "MINI PRICE STORAGE AT INDIAN RIVER ROAD Virginia Beach, VA", dated June 27, 2011, prepared by Finley Design Architecture + 2 PREPARED BY: . SYICES. B®URD®N. Interiors, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevations"). 3. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, i95o, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested ~~ith all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2} The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3 (g) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions maybe made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. PREPARED BY: sus. ~®t~za©rr, ~~ AId£RA' ~ LM. P.C. 4 V1~ITNESS the following signature and seal: Grantor: Michael D. Sifen, Inc., a Virginia corporation D,~~ (SEAL) By: Michael D. Sife resident PREPARED BY: ~, : S4'I:tS. ~flU~-t~N, ~~ AtI£~2N & LEVY. P.C STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 3oth day of June, 2oii, by Michael D. Sifen, President of Michael D. Sifen, Inc., a Vir ~nia corporation, Grantor. ` Notary Public My Commission Expires: August 31, 2oi4 Notary Registration No.: 192628 5 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "PARCEL `A' AREA - 42,680 SQ. FT. - 0.980 AC. GPIN # 1465-19-9452" on that certain plat entitled "SUBDIVISION OF PROPERTY OF THE SAM SANDLER TRUST GPIN #1465-19-9336 REF: DB 3137 - PG. 25 FOR BANK OF HAMPTON ROADS KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA", dated 11/23/99, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 286, at Pages 4 and 5. GPIN: 1465-19-9452 \\Sykesw2k\users\AM\Conditional Rezoning\Sifen_Michael D Inc\Indian River Road\Proffer_Clean 6-3o-ii.doc PREPARED BY: i S~l:s. ~a1~D~~T. iifl A111:12N ~ L1:VY. P.~. 6 - 79 - Item i~M.9 PLANNING ITEM # 61435 Attorney Edward Bourdon, Phone: 499-8971, represented the applicant. This is a parcel that is just under 17 acres in size to the West of the Municipal Center on North Landing Road in one of the few areas of the old Transition Area I, which has area still available for residential development because of the Interfacility Traff c Area. There are thousands of acres that are no longer potential residential development. With this piece of property, the applicant has worked hard with City Staff and the community along North Landing Road. The application entails a 34-new home development on this 16.87 acres of land. With the dedication of right-of--way to the City for the future extension of Nimmo Parkway and homes entailing a cost of $250, 000 to $300, 000. The 50% open space has been achieved. Council Lady Henley had two major concerns. One, this application is a flag lot and there will be thirty-five (35) houses with a sole entrance and exit on busy North Landing Road. Two, this parcel is divided by the high noise zone decibel level. On one side, there can be no residential except the existing house and on the other side, thirty four (34) units will be built. Before BRAC, this property being in the Transition Area, was recommended for one unit per acre. She has a hard time relating to double the density. A MOTION was made by Council Lady Henley, seconded by Councilman Uhrin to DENY the Ordinance upon application of ANNECY, L.L.C, Change of Zoning District Classi rcation, AG-2 Agricultural to Conditional PDH-2 Planned Unit Development Overlay (R7.5) Residential, at 2812 North Landing Road (GPIN #1494405996). Comprehensive Plan -Central Princess Anne - ITA Area. 2.68 DU/acre. DISTRICT 7 - PRINCESS ANNE. Upon SUBSTITUTE MOTION by Councilman DeSteph, seconded by Councilman Moss, City Council ADOPTED, AS PROFFERED, an Ordinance upon application ofANNECY, L.L.C for a Change o Zoning District Classi ication from AG-2 Agriculture to Conditional PDH-2 Planned Unit Development Overlay at 2812 North Landing Road (GPIN #1494405996)(DISTRICT 7 -PRINCESS ANNE), BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ANNECY, L. L. C, Change of Zoning District Classification, from AG-2 Agricultural to Conditional PDH-2 Planned Unit Development Overlay (R7.5) Residential, 2812 North Landing Road (GPIN #1494405996). Comprehensive Plan -Central Princess Anne - ITA Area. 2.68 DU/acre)(DISTRICT 7 -PRINCESS ANNE), The following condition shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. and is hereby made a part of the record. November 22, 2011 -80- Item V.M.9 PLANNING ITEM # 61435 (Continued) This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Second of November, Two Thousand Eleven Voting: 7-2 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, John D. Moss, and Mayor William D. Sessoms, Jr. Council Members Voting Nay: Barbara M. Henley and John E. Uhrin Council Members Absent.• Rosemary Wilson and James L. Wood November 22, 2011 t-%l~lA•BE,gc O~J ~G ;, 'j ~z CITY OF VIRGINIA BEACH ~ ,--~__:.' ,.; l~'~ a INTER-OFFICE CORRESPONDENCE ~-_ u o ~ a 69 \' ~ i~~;~ ~,~ ~ --- e fs OF BUR NPZ\Ot,S In Reply Refer To Our File No. DF-7996 TO: Mark D. Stiles ~-.., FROM: B. Kay Wilson"' DATE: November 10, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Annecy, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 22, 2011. I have reviewed the. subject proffer agreement, dated August 30, 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 Hassenz,~~ ROBERT J. HIKE ANNECY, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30~ day of August, 2oii, by and between ROBERT J. HIKE, party of the first part, Grantor; ANNECY, L.L.C., a Virginia limited liability coi'npany, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of that parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately i6.8~ acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is hereinafter referred to as the "Property"; and WHEREAS, the party of the second part as contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG2 Agricultural District to Conditional PDH-2 Planned Unit Development District with an underlying R '7.5 Zoning District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1494-40-5996 Prepared By: R Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, FiBh Floor Virginia Beach, Virginia 23462 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of 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 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 a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the PDH-2 (R-7.5) Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title ~ or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid fro ~u_o for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, it shall be as a residential community with no more than 35 single family residential lots substantially in accordance with the "CONCEPTUAL SITE LAYOUT PLAN THE ENCLAVE AT PRINCESS ANNE A RESIDENTIAL COMMUNITY NORTH LANDING ROAD VIRGINIA BEACH, VA", dated o3/3o/li, prepared by AES Consulting Engineers, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). 2. When the Property is developed, as a condition of site plan approval, that portion of the Property across which the required "Future Nimmo Parkway Extension" (right of way) is aligned, as substantially depicted on the Concept Plan, shall be dedicated to .the Grantee. 2 g. When the Property is developed, vehicular Ingress and Egress to the Property shall be limited to one (1) entrance. If Nimmo Parkway has been constructed and opened for travel, vehicular access shall be from Nimmo Parkway as depicted on the Concept Plan And no vehicular access shall be from North Landing Road. If development of the residential subdivision takes place prior to the opening of Nimmo Parkway, vehicular access shall be from North Landing Road ~~ia dedicated public right of way as depicted on the Concept Plan. If and when Nimmo Parkway is extended across the Property subsequent to development of the Subclivision's access from North Landing Road as depicted on the Concept Plan, the Subdivision's access shall be shifted by the Grantee to Nimmo Parkway and the then existing access road from North Landing Road shall be closed and removed by the Grantee. When Subdivision access is shifted to Nimmo Parkway, a cul-de-sac shall be improved to the west of Lot 1 by the Grantee on right of way dedicated with the recordation of this Subdivision as depicted on the Concept Plan. The closed section of roadway shall be conveyed to the Homeowner's Association and added to the adjacent Open Space which the Association will be responsible to maintain. 4, When the Property is developed, the existing dwelling and accessory structure on "Lot A" shall remain as depicted on the Concept Plan and Lot A along with the thirty-four (34) numbered lots depicted on the Concept Plan shall, by recorded Declaration, become a mandatory membership homeowner's association. 5. The total number of residential lots permitted to be subdi~~ided on the Property shall be no more than 35 (including Lot A). Each home shall contain a minimum of i8oo square feet of living area, and a one (1) car garage. 6. When the Property is developed, the architectural design of the new residential homes to be constructed on Lots 1 through 34 as depicted on the Concept Plan will be substantially as depicted on the exhibit entitled, "THE ENCLAVE AT PRINCESS ANNE VIRGINIA BEACH, VIRGINIA", dated March 30, 2011, prepared by Looney Ricks Kiss (LRK) which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials on' the new residential homes shall be limited to brick, stone, fiber cement siding, hardiplank, cedar shake, faux shake of earth tone colors. ~. The dimensional requirements applicable to the single family lots numbered 1 though 42 on the Concept Plan shall be as follows: • Minimum front yard setbacks 20 feet 3 • Minimum side yard setback • Minimum rear yard setback Lots numbered 1 through 9 Lots numbered to through 34 • Minimum lot size 5 feet 20 feet io feet 5,00o square feet 8. The dimensional requirements applicable to the 1.73 acre residential parcel designated Lot A on the Concept Plan shall be as follows: • Minimum front yard setback 5o feet Minimum side yard setback 20 feet Minimum rear yard setback 3o feet • Minimum side and rear yard setback for an accessory structure io feet 9. When the Property is developed, the Grantor shall record a Declaration submitting the Residential Property to a mandatory membership Homeowner's Association which shall be conveyed title to the Open Space Areas and shall be responsible for maintaining all open spaces, entrance features, landscaping, trails and other improvements on the Property as depicted on the Concept Plan. io. The areas depicted on the Concept Plan which will not be residential lots are open spaces which shall be utilized as such. Open spaces shall be rezoned to P-i Preservation District prior to Subdivision approval and shall be maintained and used by the Homeowner's Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). li. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive 4 implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, maybe repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (i) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as maybe appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the rnap the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 5 WITNESS the following signature and seal: Grantor: (SEAL) Robert J. Hine STATE OF VIRGII~TIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was by Robert' J. Hine. me this ~~ day of August, 2011, N My Commission Expires: ~/ Notary Registration No.: JOHN M. NAPIER Notary Public Commonwealth of Virginia Reg. # 324593 My Commission Expires Oct. 31, 2015 6 WITNESS the following signature and seal: Grantor: Annecy, L.L.C., a Virginia limited liability company By: (SEAL) Richard J. Hine Mana ' g Member STATE OF VIRGINLA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was by Richard J. Hine, Managing Memb Grantor. me .3d day of August, 2oii, ~a limited liability company, My Commission Ex~ Notary Registration JOHN M. NAPIER Notetry Public Corn Reg. # 324593irginia My Commission Expires Oct. 31, 2015 7 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as AREA = i6.8~64 ACRES OR 735,135.1420 SQ. FT. , as shown on that certain plat entitled "BOUNDARY SURVEY OF PART OF PROPERTY OF THE ESTATE OF ERNEST STYRON, PRINCESS ANNE BOROUGH -VIRGINIA BEACH, VIRGINIA (D.B. 258, PG. 263)", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 221, at Page 74. GPIN: 1494-40-5996 \\Sykesw2k\users\AM\Conditional Rezoning\Annecy LLC\Proffer_Clean 8-3o-u.doc 8 -81 - Item V.M.10 PLANNING ITEM # 61436 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council DENIED, BY CONSENT: Ordinance to REPEAL Section 1906 of the City Zoning Ordinance (CZO) re the Old Beach Design Review Committee. Therefore, the Committee will remain active. Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent.• Rosemary Wilson and James L. Wood November 22, 2011 -82- Item V.N.1. APPOINTMENTS ITEM # 61437 BY CONSENSUS, City Council RESCHEDULED: BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATIONAREA BOARD ENERGYADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD PARKS and RECREATION COMMISSION November 22, 2011 -83- Item T!N.2. APPOINTMENTS ITEM # 61438 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Jennifer S. Anders -Family Debra Dear Myra W. Jennings -Family Irvin W. Knight, Sr. -Family Charles Shroeder -Family 3 year term - 01/01/2012 -12/31/2014 COMMUNITY SERVICES BOARD Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E Uhrin Council Members Voting Nay.• None Council Members Absent: Rosemary Wilson and James L. Wood November 22, 2011 -84- Item TAN 3. APPOINTMENTS ITEM # 61438 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Ronald C. Ripley - At Large Philip L. Russo -At Large 4 year term - 01/01/2012 -12/31/201 S PLANNING COMMISSION Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay.• None Council Members Absent: Rosemary Wilson and James L. Wood November 22, 2011 -85- Item V.N.4. APPOINTMENTS ITEM # 61439 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Rristina Pitsilides Chastain, President Virginia Beach Restaurant Association 3 year term - 01/01/2012 -12/31/2014 AND, REAPPOINTED: Bryan Cuffee Laura Habr 3 year term - 01/01/2012 -12/31/2014 RESORT AD VISOR Y COMMISSION Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood November 22, 2011 -86- Item V.N.4. APPOINTMENTS ITEM # 61440 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Michael Aschkenas 2 year term - OI/Ol/2012 -12/31/2013 SENIOR SERVICES OF SO UTHEASTERN VIRGINLA Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood November 22, 2011 -87- Item V.N.S. APPOINTMENTS ITEM # 61441 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Amelia Ross-Hammond 4 year term - 01/01/2012 -12/31/20l S AND, REAPPOINTED: Tanya Bullock Ann K. Crenshaw Carolyn McPherson 4 year term - Ol/01/ZOl2 -12/31/20l S VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L. Wood November 22, 2011 -88- Item V.Q. ADJOURNMENT ITEM # 61442 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:37P.M. ------------ -- - - - - --- Beverly O. ooks, CMC Chief Deputy City Clerk - - ---- - ~1-~i~J uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor November 22, 2011 -88- Item V Q. ADJOURNMENT ITEM # 61442 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:37P.M. Beverly O. ooks, CMC Chief Deputy City Clerk th Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor November 22, 2011