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AUGUST 13, 2013 MINUTESCITY COUNCIL M,4YOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large ROBERT M. DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 JOHN D.MOSS, At -Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lvnnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 13 August 2013 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY MANAGER'S BRIEFINGS A. VIRGINIA "WOUNDED WARRIOR WEEK" Jeff Hill, Regional Director, USO - Conference Room - B. JOINT USE LIBRARY — MEMORANDUM OF AGREEMENT Marcy Simms, Director — Libraries II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION A. B. C. - Conference Room - CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL COUNCIL RECESS TO CLOSED SESSION 3:30 PM 4:30 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Tom Deppe Pastor — Eastern Shore Chapel 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 July 9, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PRESENTATION 1. RESOLUTION — "Captain Robert Geis Day" 2. UNITED WAY - Carol McCormack, CEO I. PUBLIC HEARINGS 1. Contractual Obligations — Lesner Bridge Replacement 2. Chesopeian Colony Navigation - Create Special Service District (SSD) J. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code: a. §23-10 re Disturbing the Peace b. §35-80.1 re Real Estate Tax Exemption Rehabilitated Historically Significant Structures 2. Ordinances re the Chesopeian Colony Neighborhood Dredging Special Service District (SSD) a. ADD §35.3-9 to the City Code to create the SSD and LEVY additional Real Estate Taxes within Chesopeian Colony b. CREATE a Capital Project to APPROPRIATE $99,797and TRANSFER $168,817 for engineering and design 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Memorandum of Agreement with the Commonwealth of Virginia, Tidewater Community College, re the Joint -Use Library 4. Ordinance to AUTHORIZE a Cooperative Agreement with the School Board re Legal Services by the City Attorney for FY -2014 5. Ordinance to AUTHORIZE acquisition of property at 5853 Burton Station Road from Rosetta E. Valentine re construction and drainage easements 6. Resolution to AUTHORIZE a contract between the Community Services Board and the Commonwealth of Virginia re mental health, mental retardation and substance abuse services 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City -owned property for GAYATREE, INC. D/B/A SANDPIPER INN re a bulkhead and pier at 1112 Pacific Avenue, Lake Holly DISTRICT 6 — BEACH 8. Ordinance to AMEND the Lesner Bridge Replacement Capital Project to AUTHORIZE debt due to funding cuts by the Commonwealth Transportation Board; AUTHORIZE the City Manager to proceed with bid proposals for construction; and, REQUEST the Transportation Board provide the full $37.7 -Million in their FY 2015 allocation 9. Ordinances to ACCEPT and APPROPRIATE: a. $282,484 from the Commonwealth's Attorney to fund the Court Costs and Fines Collection staffing for the City Treasurer b. $45,750 from the Department of Criminal Justice Services through the Federal Byrne Justice Assistance Grant program re Year Two of the Four Year Grant in the Juvenile Probation Program c. $14,250 from the Development Authority's proceeds of their Business Appreciation Charity Golf Classic and Reception to be donated, equally, to a) Square One, b) the Global Studies and World Language Academy at Tallwood High School and the c) Virginia Beach Public Schools STEM Robotic Challenge d. $32,185 from the Four -for -Life program for the purchase of Two -Tone Voice Pagers for EMS with a $32,186 local match from the General Fund Reserve for Contingencies K. PLANNING 1. Application of LEBO ENTERPRISES, INC. for a Conditional Use Permit re a Bulk Storage Yard and Auto Repair Garage at 77 South First Colonial Road DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 2. Application of VIRGINIA GENTLEMEN FOUNDATION/CITY OF VIRGINIA BEACH for a Conditional Use Permit re outdoor recreation at 1000 Prosperity Road DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 3. Application of CYNTHIA TECHERIA for a Conditional Use Permit re Family Child Daycare at 3309 Maverick Street DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 4. Application of LINDA GEISEL-MACHUZAK for a Conditional Use Permit re Family Child Daycare at 257 Citation Drive DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL 5. Application of CINDY HUNTINGTON for a Conditional Use Permit re Family Child Daycare at 2313 Enchanted Forest Way DISTRICT 3 — ROSE HALL RECOMMENDATION: APPROVAL 6. Application of ALL SAINTS EPISCOPAL CHURCH for a Conditional Use Permit re a Columbarium at 1969 Woodside Lane DISTRICT 5 - LYNNHAVEN RECOMMENDATION: APPROVAL M. APPOINTMENTS HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW and ALLOCATION — COG TIDEWATER COMMUNITY COLLEGE BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION N. UNFINISHED BUSINESS 0. NEW BUSINESS P. ADJOURNMENT ***************************** PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** 2013 FALL CITY COUNCIL RETREAT Economic Development Conference Room FRIDAY, SEPTEMBER 6, 2013 8:30 AM 2013 CITY HOLIDAYS Labor Day - Monday, September 2 J''eterans Day - Monday, November 11 Thanksgiving Day & Day after Thanksgiving November 28 & Friday, November 29 Christmas Eve (ha1f-day) - Tuesday, December 24 Chrisunas Day - Wednesday, December 25 ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************** 8/13/13 st -1 - VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 13, 2013 Mayor William D. Sessoms, Jr., called to order the City Council's Informal Session, in the City Council Conference Room, Tuesday, August 13, 2013, at 3:30 P.M. Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: None August 13, 2013 -2- CITY MANAGER'S BRIEFING VIRGINIA "WOUNDED WARRIOR WEEK" ITEM #63006 3:30 P.M. The Mayor introduced and welcomed Paula Moran, USO of Hampton Roads and Central Virginia — President. Ms. Moran expressed her appreciation to the City for their past support and she is excited about upcoming opportunities. Ms. Moran advised the USO of Hampton Roads and Central Virginia is the largest USO affiliate in the world serving the greatest number of military personnel and families in the world. W1l1LRIOR WEEK - MAY 28 -' JUNE 1 This year's "USOListen's" survey indicated Wounded Warriors rate physical health and recreation activities as the most effective aid to recovery after medical treatment. August 13, 2013 -3- CITY MANAGER'S BRIEFING VIRGINIA "WOUNDED WARRIOR WEEK" ITEM #63006(Continued) Jeff Hill, Regional Vice President appeared before City Council ten (10) years ago with the concept behind the Is` Patriotic Festival. Today the goal is to expand upon the Patriotic Festival and the existing partnerships and provide more healing opportunities to the `thousands of wounded warriors that live in the region. *U* 'ARMOR WEED Ali' 913 - JANEI Wounded Warriors who participate in physical health and recreation activities feel good about accomplishing a goal, have increased confidence and are more hopeful about their future. Virginia Beach is the perfect venue for such an event, combined with the hugely successful Patriotic Festival, Warrior Week will showcase Virginia Beach as a "City of Excellence" that supports military wounded, ill and injured throughout Hampton Roads. The community based Warrior Transition Unit, based at Camp Pendleton and one of only four such units in the country is seriously considering changing their muster dates to correspond with the Warrior Week. WARRIOR W1:EI( - MAY 21t — JUNE Warrior Week is designed to support the Wounded Warrior, their caregivers and family with therapeutic physical health and recreational activities. WHY VIRGINIA BEACH? Virginia Beach offers wide and varied options for recreational events that would be of great benefit to our healing heroes. The proposed events will take place at the Virginia Beach Convention Center, Oceanfront and other locations throughout the city. August 13, 2013 -4- CITY MANAGER'S BRIEFING VIRGINIA "WOUNDED WARRIOR WEEK" ITEM #63006(Continued) ARMOR EEL MAY SCHEDULE OF EVENTS Warrior Week will kick off with a "Toast To The Heroes" on May 28, 2014, at the Virginia Beach Convention Center. This fundraising event will support Wounded Ware, a local business that provides free clothing and modification of existing clothing to wounded warriors. WARRIOR WEEK KICK OFF EVENT Toast To The Heroes Wednesday, May 28, 2014 - Convention Center Jay Redman a Navy SEAL who was severely injured in Iraq and author of the famous hospital room door sign (right) has started an organization called Wounded Wear whose mantra is: lei; rs�, \\ ii rRediscover ±;I.t i ier" \ itliin„ Wounded Wear provides free clothing and modifications to wounded warriors. 100% of proceeds from sales of Wounded Wear support wounded warriors and the families of the fallen. Wounded Wear will kick off Warrior Week with their annual "Toast To The Heroes" at the Virginia Beach Conference Center. The event includes a wine tasting, silent auction and entertainment. All Proceeds from this event will benefit wounded warriors across the country. August 13, 2013 -5 - CITY MANAGER'S BRIEFING VIRGINIA "WOUNDED WARRIOR WEEK" ITEM #63006(Continued) Warrior Week will host a variety of activities identified below: *U 0* * * WARRIOR WEER - TRAItSI)AI-S i I)A' PHYSICAL HEALTH AND RECREATION PROGRAMS • Surf Camp - Warfighter Sports • Cycling - Ride 2 Recovery - Memorial Challenge - USA Cycling sanctioned bike race (Saturday) • Horseback Riding - Equivets • Sailing - Paralympic Games • Kayaking/Fishing— Heroes on the Water • Skydiving — Jumping for a Purpose (Fri & Sat) • Waterskiing — Too Top • Deep Sea Fishing—Hearts for Heroes Warrior Week will also provide a variety of recreation and entertainment identified below: H WARRIOR WEEK - 'IIURSDAY-SITNDAY RECREATION AND ENTERTAINMENT • Patriotic Festival Concerts — Tickets • Motorworld — Tickets • BBQ at Camp Pendleton — VA . Gentleman/Camp Grom • Video Gaming - Pro vs. GI Joe • Art Camp - Museum of Contemporary Art • Video/recruitment - Shoulder 2 Shoulder • Military Village — Military exhibits - Ocean front August 13, 2013 -6- CITY MANAGER'S BRIEFING VIRGINIA "WOUNDED WARRIOR WEEK" ITEM #63006(Continued) The participating non profits will be financially responsible for getting their participants to the area along with food and lodging expenses; however, the USO would appreciate the City's help with these non profits to get the best possible rates for hotel rooms and meals. The more the City can assist, the more military personnel can participate. Please encourage table and ticket sales to the kick-off fundraiser "Toast To The Heroes ". WAR1tIRR WEEK - MAY 2 — 1NE 1 RIDE,OVERY BOULDER CREST RETREAT DISABLED SPORTS USA ySWARFIGHTER`" SPORTS QUESTIONS HEARTS FOR HER WOUNDED mow USSAILING Mayor Sessoms expressed the City's appreciation to the USO for their continued support of the military personnel and he looks forward to this wonderful event coming to Virginia Beach. August 13, 2013 -7 - CITY MANAGER'S BRIEFING JOINT USE LIBRARY— MEMORANDUM OF AGREEMENT ITEM #63007 3:39 P.M. Mayor Sessoms introduced and welcomed Mary Simms, Director — Public Libraries, and advised today's briefing will be her last presentation to City Council before her retirement. Mayor Sessoms expressed City Council's appreciation for all Marcy's hard work and dedication over the years. Mrs. Sims is very excited about the TCC — City of Virginia Beach Joint -Use Library and introduced Steve Litherland, Associate Vice President for Libraries — Tidewater Community College. Mr. Literland expressed his appreciation to the City in working on this project. The facility will be opening this Saturday, August 17, 2013. TCC - City of Virginia Beach Joint -Use Library Memorandum of Agreement City Council Informal Session August 13, 2013 Public Library Mrs. Sims advised this project is the newest edition to the City Council's long term vision for Princess Anne Commons. This project is also the newest edition to the long list of partnerships that are part of the Academic Village, which includes ODU/NSU Higher Education Center, Landstown High School, the Advanced Technology Center, Sentara Hospital, LifeNet, Operation SMILE and perhaps the "shining star" of the Academic Village is the dynamic and growing Virginia Beach Campus of Tidewater Community College (TCC). August 13, 2013 -8- CITY MANAGER'S BRIEFING JOINT USE LIBRARY — MEMORANDUM OF AGREEMENT ITEM #63007(Continued) 11111111 My 24, 20F3 \.e3Public Library Mrs. Sims provided the following history for anyone that is not familiar with the project: In 2004 City Manager Spore and then President of TCC, Deborah DiCroce, discovered both the City and TCC were planning to build independent libraries directly across the street from one another on South Rosemont Road. These leaders discussed a vision of a single library where any customer, whether a student, faculty member or citizen of any age, would encounter seamless, quality library services and it would serve as a true Lifelong Learning Center for the whole community. Their initial charge to staff was: should a partnership be pursued? Is this a feasible idea? A core group of City and College Staff researched other joint use library partnerships across the country and examined the factors that made some of those successful and some of them not so successful, concluding that not only should we pursue this partnership but we had an extraordinary opportunity to create a whole new model for a Lifelong Learning Center in Virginia Beach, to create something bigger, better with more services for the City of Virginia Beach and TCC than either organization could do on its own. City Manager Spore instructed City Staff to "go forth and MAKE IT HAPPEN" and that is how we embarked on, as the sign says, "A New Chapter in a Great Partnership. " That was in 2005 and now, 8 years later, the Joint -Use Library will open on August 17`x`. August 13, 2013 -9- CITY MANAGER'S BRIEFING JOINT USE LIBRARY — MEMORANDUM OF AGREEMENT ITEM #63007(Continued) Mrs. Sims advised Anderson Brule Architects from San Jose, California, was hired to assist the City to work through different ways in doing business and collectively develop a building program for the architects that would define what we wanted the library to do, what the building should achieve and also help us with the operational foundations that are reflected in the Memorandum of Agreement. Rosemont Youth Library nc, �+a,�s cauv Mt. \Public Library Anderson Brule was selected because of their involvement with one of the best examples, the City of San Jose and San Jose State University Joint -Use Library. JWv 24 2013 City of San Jose & San Jose State University Joint -Use Library ;< Public Library August 13, 2013 -10 - CITY MANAGER'S BRIEFING JOINT USE LIBRARY— MEMORANDUM OF AGREEMENT ITEM #63007(Continued) San Jose's Joint -Use Library is larger than the City's Joint -Use Library but the City was able to learn from them the process they went through, including the various stake holders, developing the feasibility study, the strategic operations plan and the space plane that are the foundation for the design and operation of the Library. In 2005, more than sixty (60) people from the City of Virginia Beach, TCC and the community at large participated in a week-long series offocus groups. 11011 JuIY 24, 20 Process Steps to Partnership Strategic Operational Plan • Who are you serving? • What services must be delivered to meet the need? • How will those services be delivered? My 24, 2003 Process Steps to Partnership Is It Feasible? • Defining Critical Issues What Are the Challenges? • Goals & Resolution of Critical Issues • Vision & Strategic Goals V3Public Library. August 13, 2013 -11- CITY MANAGER'S BRIEFING JOINT USE LIBRARY— MEMORANDUM OF AGREEMENT ITEM #63007(Continued) Today, the City has a stunning architectural gem designed by Anderson Brule Architects, San Jose, California; Carrier Johnson Architects, San Diego, California, and RRMM Architects, Chesapeake, Virginia. Public Library One of the architectural concepts for the building was to be organic (to bring the outside in) and celebrate the farming heritage of the site. July 24, 2003 Architectural Concepts CRYSTALS... a:,rt r�cexxice �oiir ca.iE„ V3 Public Libra August 13, 2013 -12- CITY MANAGER'S BRIEFING JOINT USE LIBRARY— MEMORANDUM OF AGREEMENT ITEM #63007(Continued) This building is energy efficient. The Light Sail, running the length of the curbed south corridor, reflects light from the clear upper story windows and down onto the first floor. Jul, 24, 2913 Light Sail nu N/13Public Library Window shades and light screens keep out the heat and lighting automatically adjusts depending on the amount of natural light that is coming into the building. This is a LEED Silver building. August 13, 2013 -13- CITY MANAGER'S BRIEFING JOINT USE LIBRARY — MEMORANDUM OF AGREEMENT ITEM #63007(Continued) One of the biggest challenges was the different technological systems between the City and TCC as well as ways of cataloging and organizing the collections. In 2010, the City's COMIT Department produced a report that outlined five (5) major IT projects that had to be accomplished in order to integrate the two separate computer systems. Ju1Y 24, 2013 IOINT liSL: 1 IIiR' K'i Technology 5 major IT projects for the TCC -CITY Joint -Use Library v Public Library A connector, basically a technological "bridge ", was the answer. This allows customers to walk up to a self -checkout station, scan their public library card or student id, place items on the pad and check out the items. This is the first Library in the country to create the bridge between two different library IT systems. July 24, 2013 Self -Checkout Stations OG[xdJfF 6GliM L'AI )'! L61LE6i Y3 Public Library August 13, 2013 I -14- CITY MANAGER'S BRIEFING JOINT USE LIBRARY— MEMORANDUM OF AGREEMENT ITEM #63007(Continued) This Connector will also allow the automated check-in of materials. July 24, 201 Automated Materials Handling Public Library This Connector also allows both the Public Library and TCC Catalogs in a single search. 13 Direct Access to TCC -City Joint Catalog U, )Public Library August 13, 2013 -15- CITY MANAGER'S BRIEFING JOINT USE LIBRARY — MEMORANDUM OF AGREEMENT ITEM #63007(Continued) Another innovative characteristic of this project is the variety of collaborative learning spaces. There are a lot of different learning styles and this Library provides options for everyone. .111=Jury Zc, 29 Collaborative Learning Spaces Public Library The Joint -Use Library has over 360 computers for public use, 36 study rooms of various sizes equipped with computers and large screens; and, in accordance with the Memorandum of Agreement, the study rooms and the computers are open on a 'first come/first serve" basis. Public Library August 13, 2013 -16- CITY MANAGER'S BRIEFING JOINT USE LIBRARY — MEMORANDUM OF AGREEMENT ITEM #63007(Continued) ive Learning Spaces Public Library vfJPublic Library August 13, 2013 -17 - CITY MANAGER'S BRIEFING JOINT USE LIBRARY — MEMORANDUM OF AGREEMENT ITEM #63007(Continued) Another feature of this Library is the Popular Materials Marketplace. July 21, 2010 Popular Materials N1. Public Library The Library will also have a Cafe, proudly serving Starbucks, with both inside and outside seating. IIIIMMEIM J0&4 24, 2013 Cafe ,p,,,,R LIMN., so,,F., Public Library August 13, 2013 -18 - CITY MANAGER'S BRIEFING JOINT USE LIBRARY — MEMORANDUM OF AGREEMENT ITEM #63007(Continued) Through a generous grant ($180, 000) from the Virginia Beach Library Foundation and the Friends of the Library, the Children's Area of the Library will be unbelievable. 2013 Children's Area Public Library The main column near the Help Desk has been transformed into an interactive tree with 26 leaves, representing the letters of the alphabet. August 13, 2013 -19 - CITY MANAGER'S BRIEFING JOINT USE LIBRARY — MEMORANDUM OF AGREEMENT ITEM #63007(Continued) The Children's Area provides comfortable seating. August 13, 2013 -20- CITY MANAGER'S BRIEFING JOINT USE LIBRARY — MEMORANDUM OF AGREEMENT ITEM #63007(Continued) The total grant of $180,000 was used to create the interactive gateway and an early literacy interactive environment for very young children. Essentially, these are interactive pieces through creative play and discovery for pre-school aged children. .h.dv 24,201 Children's Area ICE V.lPtlblic Library The area will have local themes throughout, such as fish found in the Ocean and Bay, shapes of leaves from trees that are local to Virginia Beach. 201 Children's Area "�4'ElYiif P. v Public Library August 13, 2013 -21 - CITY MANAGER'S BRIEFING JOINT USE LIBRARY — MEMORANDUM OF AGREEMENT ITEM #63007(Continued) Children's Area August 13, 2013 -22 - CITY MANAGER'S BRIEFING JOINT USE LIBRARY — MEMORANDUM OF AGREEMENT ITEM #63007(Continued) The Memorandum of Agreement (MOA) provides the details as to how the City of Virginia Beach and TCC will operate this Library together in a seamless manner and share the costs. The document describes a collaborative management team and staff that values service to all customers. The MOA provides the cost and design only and is approximately $29.7 -MILLION with 83% being paid by the Commonwealth of Virginia and 17% from the City of Virginia Beach. ETIEJuly 24, 20:3 Memorandum of Agreement Design & Construction Costs: $24,622,408 - State (83%) $5,043,144 -City (17%) $29,665,552 - Total Design + Construction NA3PubliC Library That same percentage split forms the basis for the cost sharing for the utilities, building maintenance, facility management, security and technology (basically all of the operating expenses with exception of staff). TCC is contributing $7.7 -MILLION for furniture, equipment, computers and additional library resources. The City of Virginia Beach is contributing $1.3-MILLIOLN for furniture, equipment, computers and additional library resources plus $4.3 -MILLION in required site improvements. July 24, 2013 Total Project Costs: $43M TCC: $24,622,408 — Design & Construction $7,746,000 — FFE & Library Materials $32,368,408 City: $5,043,144 — Design & Construction $1,300,000 — FFE & Library Materials $4,310,294 — Site Improvements $10,653,438 PROJECT COST: $43,021,846 „y cn�tcoc VB Public Library August 13, 2013 -23 - CITY MANAGER'S BRIEFING JOINT USE LIBRARY— MEMORANDUM OF AGREEMENT ITEM #63007(Continued) The Library will be jointly operated by the City of Virginia Beach and TCC staff and the MOA describes a "Library Management Team" as described below: Joint -Use Library Management Team The MOA assigns primary responsibility to the City of Virginia Beach for staffing the Welcome Desk, the Account Desk, the circulation functions including the shelving and staffing the children's area. TCC is responsible for staffing the information services, reference services and research help. The MOA defines the hours of operation will follow TCC 's current operating hours but will be reviewed after usage patterns are established. Lib 24. 2013 TCC -City Joint -Use Library • 125, 000 sq ft • $43 M project costs • 83% State, 17% City • Jointly staffed & operated • Open 72 hours per week • Study Rooms & Equal Access Computers • Shared Collection Development Public Library August 13, 2013 -24 - CITY MANAGER'S BRIEFING JOINT USE LIBRARY — MEMORANDUM OF AGREEMENT ITEM #63007(Continued) The Joint -Use Library hosts the Grand Opening on Saturday, August 17`h at 10:00 A.M. Saturday, August 17 10 a.m. - 2 p.m. On Ter, Virginia Bench Campus; Comer el s rwumeet ed. & eaaay or. Ribboncutting, budding lours, attivnina and run fur nB ages including. n,&aeti. • nonoenc,entino• • mwn a nnak x7 \fi..i.•rkBdnnrt.emes•T Ao Free and open to the public! Public Library Mrs. Sims expressed her appreciation to everyone that worked to make this project a reality. e irr eoii[st Pubbc Library Mayor Sessoms expressed his appreciation to Mrs. Sims and is looking forward to the Grand Opening of this wonderful facility. August 13, 2013 i -25- CITY COUNCIL LIAISON REPORTS ITEM #63008 3:57P.M. There were no City Council Liaison reports. August 13, 2013 I -26- CITY COUNCIL COMMENTS 3:58 P.M. ITEM #63009 Councilman Moss expressed his appreciation to the City Manager for receiving the "Media Contact Updates" so City Council is aware of a story coming. ITEM #63010 Councilman Uhrin advised Michael Jenkins did not meet the informal deadline to finance the Dome Site but is still aggressively pursuing ways and was in Washington, D.C., as recently as yesterday working on this. Councilman Uhrin requested that this project be put on the Agenda for the upcoming Retreat to discuss next steps for development of the Dome Site. Mayor Sessoms asked for any objections; having received none, this will be discussed at the upcoming Retreat. ITEM #63011 Councilman Dyer has received information regarding some effects from Sequestration and confirmation from the Navy of transfer of assets from East Coast to West Coast. He requested this issue also be added to the Agenda for the upcoming Retreat. Mayor Sessoms asked for any objections; having received note, this will be discussed at the upcoming Retreat. ITEM #63012 Mayor Sessoms advised that he, along with Council Lady Henley and Councilman Wood attended the 40`x' Anniversary of the Emergency Coronary Care Program and expressed his gratitude for this program in the City of Virginia Beach. This program has saved countless lives over the past 40 years. August 13, 2013 -27- AGENDA REVIEW SESSION 4:00 P.M. ITEM #63013 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §23-10 re Disturbing the Peace b. §35-80.1 re Real Estate Tax Exemption Rehabilitated Historically Significant Structures 2. Ordinances re the Chesopeian Colony Neighborhood Dredging Special Service District (SSD) a. ADD §35.3-9 to the City Code to create the SSD and LEVY additional Real Estate Taxes within Chesopeian Colony b. CREATE a Capital Project to APPROPRIATE $99, 797and TRANSFER $168,817 for engineering and design 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Memorandum of Agreement with the Commonwealth of Virginia, Tidewater Community College, re the Joint -Use Library 4. Ordinance to AUTHORIZE a Cooperative Agreement with the School Board re Legal Services by the City Attorney for FY -2014 5. Ordinance to AUTHORIZE acquisition of property at 5853 Burton Station Road from Rosetta E. Valentine re construction and drainage easements 6. Resolution to AUTHORIZE a contract between the Community Services Board and the Commonwealth of Virginia re mental health, mental retardation and substance abuse services 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City -owned property for GAYATREE, INC. D/B/A SANDPIPER INN re a bulkhead and pier at 1112 Pacific Avenue, Lake Holly DISTRICT 6 — BEACH 8. Ordinance to AMEND the Lesner Bridge Replacement Capital Project to AUTHORIZE debt due to funding cuts by the Commonwealth Transportation Board; AUTHORIZE the City Manager to proceed with bid proposals for construction; and, REQUEST the Transportation Board provide the full $37.7 -Million in their FY 2015 allocation 9. Ordinances to ACCEPT and APPROPRIATE: a. $282, 484 from the Commonwealth's Attorney to fund the Court Costs and Fines Collection staffing for the City Treasurer b. $45,750 from the Department of Criminal Justice Services through the Federal Byrne Justice Assistance Grant program re Year Two of the Four Year Grant in the Juvenile Probation Program August 13, 2013 i 11 -28- A GENDA REVIEW SESSION ITEM #63013(Continued) c. $14,250 from the Development Authority's proceeds of their Business Appreciation Charity Golf Classic and Reception to be donated, equally, to a) Square One, b) the Global Studies and World Language Academy at Tallwood High School and the c) Virginia Beach Public Schools STEM Robotic Challenge d. $32,185 from the Four -for -Life program for the purchase of Two -Tone Voice Pagers for EMS with a $32,186 local snatch from the General Fund Reserve for Contingencies ITEM #2a/b SHALL BE CONSIDERED SEPARATELY August 13, 2013 -29- A GENDA REVIEW SESSION ITEM #63013(Continued) BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING 1. Application of LEBO ENTERPRISES, INC. for a Conditional Use Permit re a Bulk Storage Yard and Auto Repair Garage at 77 South First Colonial Road DISTRICT 6 - BEACH 2. Application of VIRGINIA GENTLEMEN FOUNDATION/CITY OF VIRGINIA BEACH for a Conditional Use Permit re outdoor recreation at 1000 Prosperity Road DISTRICT 6 - BEACH 3. Application of CYNTHIA TECHERIA for a Conditional Use Permit re Family Child Daycare at 3309 Maverick Street DISTRICT 6 - BEACH 4. Application of LINDA GEISEL-MACHUZAK for a Conditional Use Permit re Family Child Daycare at 257 Citation Drive DISTRICT 2 - KEMPSVILLE 5. Application of CINDY HUNTINGTON for a Conditional Use Permit re Family Child Daycare at 2313 Enchanted Forest Way DISTRICT 3 — ROSE HALL 6. Application of ALL SAINTS EPISCOPAL CHURCH for a Conditional Use Permit re a Columbarium at 1969 Woodside Lane DISTRICT 5 - LYNNHAVEN ITEM #2 SHALL BE CONSIDERED SEPARATELY August 13, 2013 -30- ITEM#63014 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) (1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY -HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly -held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property: Beach District Centerville District Princess Anne District August 13, 2013 -31 - ITEM# 63014 (Continued) Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 4:03 P.M. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Closed Session 4:03 P.M. - 5:28 P.M.) August 13, 2013 -32- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL AUGUST 13, 2013 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, August 13, 2013, at 6:00 P.M. Council Members Present: Glenn R. Davis, William R "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Tom Deppe Pastor — Eastern Shore Chapel PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act"), it is his practice to thoroughly review each City Council agenda to idents any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. August 13, 2013 -33 - Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Towne Realty ("Prudential"). Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of August 13, 2013, is hereby made a part of the record. August 13, 2013 Item -VI-E CERTIFICATION -34- ITEM #63015 Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE 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: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 13, 2013 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 #63014 Page 31, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Hodges Fraser, MMC City Clerk August 13, 2013 i Item -VI -F.1 MINUTES -35- ITEM #63016 Upon motion by Councilman Dyer, seconded by Councilman DeSteph, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of July 9, 2013. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 13, 2013 1 -36- ADOPT AGENDA FOR FORMAL SESSION ITEM #63017 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION August 13, 2013 -37 - Item -VI -H.1 PRESENTATION ITEM #63018 RESOLUTION— "Captain Robert Geis Day" Mayor Sessoms introduced Captain Robert "Goose" Geis and presented him with a Resolution declaring August 13, 2013, CAPTAIN ROBERT "GOOSE" GEIS DAY recognizing his meritorious served to the Navy, the Country and the City of Virginia Beach. Captain Geis provided outstanding leadership during his tour of duty as Commander of Oceana and proved to be a wonderful partner to the City of Virginia Beach. Captain Geis led the efforts to the Navy and City's reaction to the Good Friday Aircraft Crash. Captain Geis has proved to be an exemplary partner in the City's Oceana Land Use Conformity Committee (OLUCC) and the BRAC compliance efforts. Captain Geis provided great assistance and support to the City in the application for and receipt of partnering funds from the Department of Defense to expand and protect the Interfacility Traffic Area and other areas around NAS Oceana and Fentress Auxiliary Field. Captain Geis exemplifies the finest traditions of the Navy, is an Officer, a gentleman and a gallant warrior. Captain Geis will be relieved of his command at NAS Oceana in August 2013 and will proceed to his next assignment in Washington, D.C. Captain Geis expressed his appreciation to Mayor Sessoms, Members of City Council and the City of Virginia Beach. Captain Geis stated it has been his honor to work and live in the City of Virginia Beach for the past 8 1/z years and will treasure these memories for the rest of his life. Captain Geis introduced Captain Kit "Gator" Chope, the new Commanding Officer of NAS Oceana. He is confident that NAS Oceana and the City of Virginia Beach are in great hands. Captain Geis again thanked Mayor Sessoms and Members of City Council for the opportunity to have worked and lived in "The Greatest City in the World". August 13, 2013 RESOLUTION WHERFA5: Captain Robert N Geis, aka "Goose," reported to Naval Air Station Oceana, as an Executive Officer in August 2010. He has served as Commander of Oceana since March 2012; WIHE'R`F.A,S: He graduated from the University of California, San Diego, with a B.A. in Communications and was commissioned an Officer upon graduation from Aviation Officer Candidate School in October 1987. His sea tours included deployments in support of Operations Desert Storm and SouthernWatch. Captain Geis has served on multiple 'United States Navy ships, including the WS Abraham Lincoln, the ZLSS Carl Vincent, the 71SS George Washington and the WS Enterprise; WHEVFA5: He served as Operations Officer during Enduring Freedom and Iraqi Freedom on the first TPA Coast deployment of the Super Hornet in 2006; WOF :AS: He attended the Naval War College where he completed his Master's Degree in National Security and Strategic Studies. He served a three-year tour as the Executive Assistant to Commander, Naval -Air Force Atlantic; WS'F.V S: The Captain's personal decorations include: the Legion of Merit, Defense Meritorious Service Medal Meritorious Service Medal, Strike F4ht Air Medal, joint Service Commendation Medal Navy -Marine Corps Commendation Medal (with three Gold Stars), 5oint Service Achievement Medal and the Navy Achievement Medal (with two Gold Stars) as well as numerous Unit awards; ryY'il`F.VF,AS: During his tour of duty as Commander of NAS Oceana, he has provided outstanding leadership and pa;' tering with the City of Virginia Beach. This has included, among many activities, the Navy and City's reaction to the Black Friday Aircraft Crash. Captain Geis led a tremendous effort by the Navy, in partnership with the City, to address the issues caused by this nonfatal- accident. He has also been an exemplary partner in the City's Oceana Land Use Conformity Committee (OLTICC) activities and our BRAC C compliance efforts. He has provided great assistance and support to the City in the application for and receipt of partnering funds from the Department of Defense to expand and protect the Interfacility Traffic Area and other areas of impact around NAS Oceana and Fentress Auxiliary Field; and, WXE`R`F-AS: Captain Geis exemplifies the finest traditions of the Navy, is an Officer, agentleman, atuf agallant warrior. Captain Geis haves in Virginia Beach with his wife, 'Teresa arid their two children, Bob and Megan. He will be relieved of his command at NAS Ocecina, in August 2013, when he wild proceed to his next assignment in Washington, DC. NOW, 211EREFORE, BE IT RESOLVED: That the Virginia Beach City Council- pauses in its deliberations to recognize Captain Robert Geis, to thankhim for his meritorious service to the Navy and our country. BE IT FURTHER RESOLVED: That all citizens recognize Captain Geis' exemplary mibtary service and this day is commemorated as: CAPTAINVB"GOOSE" GEIS DAY Given under our hands and seals this Thirteenth day ofAugust, Two Thousand Thirteen. CouncCouncilman Robe M. 'Bob' Dyer Counci CouDr. Amelia 91( Ross -Hammond Gnan Sohn D. Uhrin Council Lady semary NVi(son James L. Wood I -38- Item-VI-H.2 PRESENTATION ITEM #63019 UNITED WAY— Carol McCormack, CEO Mayor Sessoms introduced and welcomed Carol McCormack, CEO — United Way of South Hampton Roads. Ms. McCormack presented an award to say "THANK YOU! City of Virginia Beach Employees " for raising $281, 703 or the 2012-2013 Campaign. This donation will provide: • 217 children a year with after-school care; • 169,022 meals for the hungry; • 5,417 at -risk teens with weekly visits and support; • 433 adults with urgent medical and dental services; and • 56 elderly neighbors with daily in-home meals and care for a year. Mayor Sessoms accepted the Award and expressed his appreciation to Ms. McCormack and especially to the City Employees for their generosity to United Way which serves a vast number of our citizens. August 13, 2013 i ,�'��'• et;,, -39 - Item -VI-I.1 PUBLIC HEARINGS ITEM #63020 Mayor Sessoms DECLARED A PUBLIC HEARING: CONTRACTUAL OBLIGATIONS Lesner Bridge Replacement There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. August 13, 2013 -40- Item -VI-L2 PUBLIC HEARINGS ITEM #63021 Mayor Sessoms DECLARED A PUBLIC HEARING: CHESOPEIAN COLONY NAVIGATION Create Special Service District (SSD) The following individuals registered to speak: Janet Webster, 2712 Chester Forest Court, Phone: 463-9595, Chesopeian Colony Civic League President, spoke in support of this project. Ms. Webster advised the Civic League worked very hard in educating the residents and in doing so have 81.7% in support of the project. The Civic League chartered a bus to come to this meeting in acknowledgment of the large number of residents supporting the project. Frank Gurdziel, 2612 Boush Quarter, Phone: 897-0125, Chesopeian Colony Dredging Group — Chairman, spoke in support of this project. Mr. Gurdziel expressed his appreciation to the City Staff for assistance to educate the residents. The staff did an outstanding job and represented the City well. Sandra H. Harris, 2617 South Kings Road, Phone: 463-0513, spoke in opposition to this project. Ms. Harris is retired, living on a fixed income and cannot afford the increase in property taxes this project will require. Ms. Harris stated her dock and rip rap will be compromised. Juanita White, 2804 Queen Anne Road, Phone: 486-4532, spoke in opposition to this project. Ms. White has lived in Chesopeian Colony for 36 years. Since the last dredging project, she has lost about 10 feet of her back yard and is concerned she will lose 10 trees if this dredging takes place. Ms. White works part time to supplement her income and if this project moves forward she will be forced to move. Norman Bevwitz, 2809 Wet Point Court, Phone: 340-9052, spoke in opposition to this project. Mr. Bevwitz has lived in Chesopeian Colony for 15 years. Mr. Bevwitz does not want to use a boat or fish and he feels the residents that use the water should pay for this project. Ed Schwab, 2813 North Kings Road, Phone: 486-6347, spoke in opposition to this project. Mr. Schwab does not oppose the development of the City's waterways but does not think it should be done in "corrupt fashion ". Mr. Schwab met with Mayor Sessoms, Councilman Uhrin, Deputy City Manager Hansen and Mr. Roehrs. He does not feel this has been a fair process. Andrea Lunsford, 2701 Shepherd's Quarter, Phone: 431-0786, has lived in Chesopeian Colony since 1986. Ms. Lunsford expressed concern about the model used for this project which appears not to be the best suited and would like for the City to look into a different model. Mike Aschkenas, 2805 West Point Court, Phone: 463-6941, spoke in opposition to this project. Mr. Aschkenas advised 34 of the original 164 homes were removed from the project. He acknowledges that some of those homes should have been removed but a number should have remained in the project and the last 9 houses removed from the project were "No" votes. Mr. Aschkenas suggested this project eliminate the 4 coves that do not have 80% participation. There being no further speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. August 13, 2013 -41- Item —VI -J ORDINANCES/RESOLUTIONS ITEM #63022 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE MOTION, BY CONSENT, la/b/c, 3, 4, 5, 6, 7, 8 and 9a/b/c/d of the CONSENT AGENDA, composed of Ordinances, Resolutions and the Planning Applications. Voting.• 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 13, 2013 -42- Item-VI-J.la/b ORDINANCES/RESOLUTIONS ITEM #63023 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AMEND the City Code: a. §23-10 re Disturbing the Peace b. §35-80.1 re Real Estate Tax Exemption Rehabilitated Historically Significant Structures Voting.• 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 13, 2013 1 AN ORDINANCE TO AMEND SECTION 23-10 2 OF THE CITY CODE PERTAINING TO 3 DISTURBING THE PEACE GENERALLY 4 5 SECTION AMENDED: § 23-10 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 23-10 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 23-10. Disturbing the peace generally. 14 It shall be unlawful and a Class 1 misdemeanor for any person to disturb the peace 15 of others by violent, tumultuous, offensive or obstreperous conduct or by threatening, 16 challenging to fight, assaulting, fighting or striking another. 17 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th 18 day of August , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Department City Att CA12695 R-1 July 17, 2013 I 1 AN ORDINANCE TO AMEND SECTION 35-80.1 2 OF THE CITY CODE PERTAINING TO 3 REHABILITATED HISTORICALLY SIGNIFICANT 4 STRUCTURES 5 6 SECTION AMENDED: § 35-80.1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 35-80.1 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 35-80.1. Exemption for historically significant rehabilitated structures. 15 16 (a) Finding; purpose. The city council hereby recognizes the educational and 17 cultural value of the city's historically significant structures. The purpose of this section 18 is to assist in the preservation of such structures, and to that end, the substantial 19 rehabilitation of historically significant structures shall entitle the owner to a partial 20 exemption from real estate taxes or real estate tax credit, subject to the terms and 21 conditions set forth in this section. The real estate assessor shall administer this section 22 with guidance from the director of planning as to the effect of rehabilitation projects on 23 the historical significance of structures. 24 25 (b) Eligibility for exemption. To be eligible for the partial exemption from real 26 estate taxation or tax credit provided by this section, a structure shall be historically 27 significant and no less than fifty (50) years of age at the time the application is made. 28 Any such exemption shall only apply to rehabilitated existing structures, and shall not 29 apply to new construction. For the purpose of this section: 30 31 (1)"Rehabilitation" shall mean the process of returning a property to a state 32 of utility, through repair or alteration, which makes possible an efficient 33 contemporary use while preserving those portions and features of the 34 property which are significant to its historic, architectural, and cultural values; 35 36 (2)"Historically significant structure" shall mean a structure listed on the 37 Virginia Beach Historical Register, as established in section 8-91 of this 38 Code, or a structure eligible for listing on the register, and for which an 39 application for inclusion on the register is pending at the time rehabilitation 40 commences; and 41 42 (3)"Qualifying costs" include the costs of all work done to the structural 43 components, heating, plumbing and electrical systems of the building, work 44 done to update kitchens and bathrooms, work necessary for compliance with 45 the Americans With Disabilities Act, the installation of fire suppression 46 systems and fire escapes, reasonable architectural and engineering fees, 47 construction period interest and taxes, and construction management costs. 48 Acquisition costs, site work and landscaping elements and any expenses 49 attributable to additions or enlargements of the building shall not be included. 50 51 Structures rehabilitated for residential use structures, hotel or motel 52 structures, and commercial or industrial structures, as provided by Code of 53 Virginia §§ 58.1-3220, 58.1-3220.1, 58.1-3220.01, and 58.1-3221, 54 respectively, shall be eligible for the partial exemption provided by this 55 section. The tax credit provided by this section shall be available only to 56 those property owners who, in addition to meeting the foregoing 57 requirements, meet the requirements set forth in subsection (f)(2 3). 58 59 (c) Application for exemption; base value. To qualify for a partial tax exemption 60 for the rehabilitation of a historically significant structure, the owner(s) of such structure 61 shall, at the same time an application is made for a building permit to rehabilitate such 62 structure, file with the real estate assessor an application and construction plans. The 63 application shall be on a form created and supplied by the real estate assessor. Among 64 the other information supplied, the applicant shall estimate on the application form the 65 qualifying costs of the rehabilitation project and any increase in value of the structure 66 that may result. Such application must be filed prior to the commencement of any 67 rehabilitation work for which an exemption is sought. No structure shall be eligible for 68 such exemption unless the appropriate building permit(s) have been acquired. 69 70 (d) Review of application and plans. The director of planning or his designee 71 shall review all applications, plans and other information submitted that relate to a 72 rehabilitation project for which the exemption provided by this section is sought. If, after 73 reviewing the application and plans for a proposed rehabilitation project, the director of 74 planning determines in writing that the proposed project will diminish the historical 75 significance of the structure, the real estate assessor shall, by certified mail, inform the 76 applicant that the exemption will be denied for the proposed rehabilitation. If the director 77 of planning determines in writing that a proposed rehabilitation project will restore or 78 maintain the historical significance of the structure, the real estate assessor shall notify 79 the applicant that the project has been approved for the exemption, subject to 80 compliance with the terms of this section. The assessment of the structure for the 81 current tax year, prior to commencement of the rehabilitation, shall constitute the base 82 value of the structure. The director of planning shall endeavor to make a determination 83 within thirty (30) days from the date a completed application is received, and all 84 applications, plans or other materials submitted by the applicant shall be returned to the 85 real estate assessor after the review and inspection process is completed. 86 87 (e) Inspection; effective date. Within thirty (30) days of the rehabilitation project's 88 completion, the owner shall notify the real estate assessor in writing that the project has 89 been completed. The real estate assessor shall transmit this notice to the director of 90 planning, which shall then inspect the rehabilitated structure to verify that the work has 91 been completed as described in the previously filed application and plans. If the director 92 of planning verifies in writing that such rehabilitation project has been satisfactorily 93 completed, the real estate assessor shall so notify the applicant. The real estate 94 assessor shall then reassess the rehabilitated structure, and record the new value as 95 provided by law. Such verification and re-assessment shall be performed within sixty 96 (60) days after such written notice of completion is received. Any tax exemption shall 97 become effective on July 1 of the year following completion of the rehabilitation project. 98 No structure shall be eligible for the partial exemption provided by this section unless 99 the director of planning verifies that the rehabilitation work described on the application 100 and plans has been completed in substantially the same manner described in the 101 previously filed application and plans. In any case where the work performed 102 substantially varies from the work described in the application and plans, the real estate 103 assessor shall notify the applicant that the exemption will be denied. 104 105 (f) Exemption and tax credit for rehabilitated historically significant structures for 106 residential use structures. The exemption for rehabilitated historically significant 107 structures for residential use structures shall be calculated and applied as set forth 108 below: 109 110 (1) For rehabilitated historically significant structures for residential use 111 structures, the exemption shall be in an amount equal to the greater of the 112 initial increase in assessed value of the structure resulting from the 113 rehabilitation of the structure, as determined by the real estate assessor, or 114 an amount equal to fifty (50) percent of the qualifying costs of the 115 rehabilitation, as defined in subsection (b)(3), not to exceed the amount of the 116 assessment of the structure at any time after its rehabilitation. The applicant 117 shall submit to the real estate assessor documentation of all qualifying costs 118 incurred as a basis for the exemption, and shall execute an affidavit stating 119 that all such costs were incurred as part of the project. The exemption shall 120 run with the land for fifteen (15) years. No increase in assessment occurring 121 after the first year of such rehabilitation exemption shall qualify for an 122 increase in such exemption. In the event of a decrease in the property's 123 assessed value after the first year of any rehabilitation exemption, the 124 exemption shall be based on the difference in taxes computed on the base 125 value and the decreased assessed value of the property. 126 127 (2) In addition to the exemption provided for in this subsection, there shall 128 also be a real estate tax credit for rehabilitated historically significant 129 structures for residential use structures for those property owners who have 130 purchased and rehabilitated, in accordance with the provisions of this section, 131 a historically significant structure for residential use structures which at the 132 time of purchase was encumbered by local property tax liens exceeding fifty 133 (50) percent of the assessed value of the property. Such tax credit shall be in 134 an amount equal to the total amount of the tax liens, not to exceed the 135 amount by which the local property tax liens exceeded fifty (50) percent of the 136 assessed value of the property at the time of purchase. The credit shall be 137 applied upon completion of the rehabilitation and may be allocated by the 138 property owner over a period of no longer than ten (10) years. 139 140 (3) By August 15 of each year of the period of exemption from real estate 141 taxes, the real estate assessor shall notify the city treasurer of the exemption 142 and tax credit, if any, and the amount to be credited to the property owner's 143 tax bill. 144 145 (g) Exemption for rehabilitated historically significant commercial or industrial 146 structures. The exemption for rehabilitated historically significant commercial or 147 industrial structures shall be calculated and applied as set forth below: 148 149 (1) For rehabilitated historically significant commercial or industrial structures, 150 the exemption shall be an amount equal to the greater of the initial increase in 151 assessed value of the structure above its base value resulting from the 152 rehabilitation of the structure, as determined by the real estate assessor, or 153 an amount equal to fifty (50) percent of the qualifying costs of rehabilitating 154 the structure; provided, however, that the amount of the exemption provided 155 by this subsection shall not exceed the amount of the assessment of the 156 structure at any time after its rehabilitation. This exemption shall run with the 157 land for fifteen (15) years. No increase in assessment occurring after the first 158 year of such rehabilitation exemption shall qualify for an increase in such 159 exemption. In the event of a decrease in the property's assessed value after 160 the first year of any rehabilitation exemption, the exemption shall be based on 161 the difference in taxes computed on the base value and the decreased 162 assessed value of the property. The applicant shall submit to the real estate 163 assessor documentation of all qualifying costs incurred as a basis for the 164 exemption, and shall execute an affidavit stating that all such costs were 165 incurred as part of the project. 166 167 (2) By August 15 of each year of the period of exemption from real estate 168 taxes, the real estate assessor shall notify the city treasurer of the exemption 169 and the amount to be credited to the property owner's tax bill. 170 171 (h) Exemption for rehabilitated historically significant hotel or motel structures. 172 The exemption for rehabilitated historically significant hotel or motel structures shall be 173 calculated and applied as set forth below: 174 175 (1) For rehabilitated historically significant hotel or motel structures, the 176 exemption shall be in an amount equal to ninety (90) percent of the total 177 assessed value of the rehabilitated structure, not to exceed the increase in 178 the assessed value resulting from the rehabilitation of the structure as 179 determined by the real estate assessor. The exemption shall commence upon 180 completion of the rehabilitation, renovation or replacement and shall run with 181 the real estate for a period of twenty-five (25) years. No increase in 182 assessment occurring after the first year of such rehabilitation exemption shall 183 qualify for an increase in such exemption. In the event of a decrease in the 184 property's assessed value after the first year of any rehabilitation exemption, 185 the exemption shall be based on the difference in taxes computed on the 186 base value and the decreased assessed value of the property. 187 188 (2) By August 15 of each year of the period of exemption from real estate 189 taxes, the real estate assessor shall notify the city treasurer of the exemption 190 and the amount to be credited to the property owner's tax bill. 191 192 (i) Land book. The real estate assessor shall not list or display any exemption 193 provided by this section as a reduced value in the land book. 194 195 (j) Ineligibility for exemption or tax credit; termination of same. Improvements 196 made upon vacant land, demolition or total replacements of historically significant 197 structures, and rehabilitation efforts that the planning director has determined, in writing, 198 will diminish the historical significance of a structure shall not be eligible for the partial 199 exemption from real estate taxation or tax credit provided by this section. Failure to 200 comply with any provision of this section or the making of false statements in applying 201 for the exemption or tax credit provided by this section shall constitute grounds for 202 denial of the exemption or tax credit. Changes to a structure that, after a rehabilitation 203 project has been completed and an exemption or tax credit granted, cause it to be 204 removed from the Virginia Beach Historical Register, shall terminate the exemption and 205 tax credit provided by this section, effective July 1 of the next tax year. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of August , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: eaI Estate Asse • r CA12694 R-1 July 17, 2013 -43- Item-VI-J.2a/b ORDINANCES/RESOLUTIONS ITEM #63024 Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council ADOPTED, Ordinances re the Chesopeian Colony Neighborhood Dredging Special Service District (SSD) a. ADD §35.3-9 to the City Code to create the SSD and LEVY additional Real Estate Taxes within Chesopeian Colony b. CREATE a Capital Project to APPROPRIATE $99, 797and TRANSFER $168,817 for engineering and design Voting: 10-1 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M. Henley Council Members Absent: None August 13, 2013 1 AN ORDINANCE TO AMEND AND REORDAIN THE CODE 2 OF THE CITY OF VIRGINIA BEACH TO CREATE THE 3 CHESOPEIAN COLONY NEIGHBORHOOD DREDGING 4 SPECIAL SERVICE DISTRICT AND TO LEVY ADDITIONAL 5 TAXES ON REAL PROPERTY WITHIN THE CHESOPEIAN 6 COLONY NEIGHBORHOOD DREDGING SPECIAL 7 SERVICE DISTRICT 8 9 SECTION ADDED: 35.3-9 10 11 WHEREAS, the City of Virginia Beach has received signed petitions from at least 12 80% of the residents of the Chesopeian Colony Dredging Area waterfront property 13 owners; and 14 15 WHEREAS, the petitions provide the signers commit to the imposition of special 16 service district ("SSD") taxes and other contributions as set forth in further detail herein; 17 and 18 19 WHEREAS, the Chesopeian Colony Area Dredging Project ("Project") includes 20 three (3) cycles of dredging; and 21 22 WHEREAS, although the SSD taxes will begin January 1, 2014, the first 23 dredging is planned for FY 2015-16, the second is planned for FY 22-23, and the third is 24 planned for FY 2029-30; and 25 26 WHEREAS, the Project is a partnership addressing related dredging activities: 27 the community channel dredging, which is supported by City contributions to the Special 28 Service District; the neighborhood channel dredging, which is supported by the levy of 29 Special Service District taxes; and the access channels, which are supported by 30 individual contributions to the Special Service District; and 31 32 WHEREAS, the rate established by this Ordinance is based on the FY2012-13 33 real estate assessed value of the subject properties; and 34 35 WHEREAS, City staff will re-calculate the estimated Project costs at a minimum 36 of every four (4) years; and 37 38 WHEREAS, the City Council of the City of Virginia Beach believes that 39 undertaking the Project is in the best interest of the public and is a reasonable exercise 40 of the City's authority to promote general welfare, including commerce and industry of 41 the City and the inhabitants thereof. 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 44 VIRGINIA BEACH, VIRGINIA: 45 46 1. That the Code of the City of Virginia Beach, Virginia, is hereby amended and 47 reordained as follows: 48 49 Section 35.3-9. Creation of the Chesopeian Colony Area Dredging Special 50 Services District. 51 52 a. There is hereby created the Chesopeian Colony Area Dredging Special Service 53 District for the purposes set forth in this chapter and those set forth in Code of 54 Virginia, section 15.2-2403. 55 b. The boundaries of the Chesopeian Colony Area Dredging Special Service District 56 shall be described in detail by the map attached to this ordinance. 57 c. The Chesopeian Colony Area Dredging Special Service District shall dissolve on 58 July 1, 2030, if not sooner. 59 60 2. There shall be levied and collected taxes for the special purpose of providing 61 neighborhood dredging on all real estate within and pursuant to the Chesopeian Colony 62 Area Dredging Special Service District at the rate of 29.13 cents ($0.2913) on each on 63 hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in 64 addition to the real estate tax rate set forth by the General Real Estate Tax Levy 65 adopted by City Council. Except as provided explicitly in Chapter 35.3 of the Code of 66 the City of Virginia Beach, this tax rate shall apply without reduction to any properties 67 subject to ad valorem taxes including those properties enrolled in the Exemption, 68 Deferral or Freeze for Elderly and Disabled Persons, City Code §§ 35-61, et seq. As 69 set forth in Code of Virginia, section 15.2-2403(6), written consent is required to apply 70 this tax rate to the full assessed value of properties subject to special use value 71 assessment. The real estate tax rate imposed herein shall be applied on the basis of 72 one hundred percentum (100%) of the fair market value of such real property except for 73 public service real property, which shall be on the basis as provided in Section 58.1- 74 2604 of the Code of Virginia. 75 76 3. The City Manager or designee is hereby authorized to enter into contracts and to 77 perform other actions consistent with this ordinance. 78 79 4. Paragraphs 1 and 3 shall be effective immediately. 80 81 5. Paragraph 2 shall be effective January 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of August , 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: ✓sem 13,�,�;p ' A-. ,N anage nt S rvices Public Woks I APPROVED AS TO LEGAL SUFFICIENCY: R-2/CA-12688/July 31, 2013 1 AN ORDINANCE TO CREATE CAPITAL PROJECT #8-503, 2 "CHESOPEIAN COLONY NEIGHBORHOOD DREDGING," 3 TO APPROPRIATE FUNDS, AND TO TRANSFER FUNDS 4 5 WHEREAS, by separate ordinance the City Council established the Chesopeian 6 Colony Neighborhood Dredging Special Service District; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, THAT: 10 11 1. Capital Improvement Project #8-503, "Chesopeian Colony Neighborhood 12 Dredging" is hereby created in the FY 2013-14 Capital Improvement Program; 13 and 14 2. $99,797 is hereby appropriated, with estimated revenues from the Chesopeian 15 Special Service District increased accordingly, and transferred to Capital Project 16 #8-503 for engineering and design work; and 17 3. $168,817 is hereby transferred from the General Fund Reserve for 18 Contingencies to Capital Project #8-503 for engineering and design work. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of August , 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Manage - ent • ervices APPROVED AS TO CONTENT: Public orks APPROVED AS TO LEGAL SUFFICIENCY: CA12687 R-1 July 30, 2013 -44 - Item -VI -J.3 ORDINANCES/RESOLUTIONS ITEM #63025 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Memorandum of Agreement with the Commonwealth of Virginia, Tidewater Community College, re the Joint -Use Library Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 13, 2013 1 A ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A MEMORANDUM OF AGREEMENT 3 BETWEEN THE CITY OF VIRGINIA BEACH AND THE 4 COMMONWEALTH OF VIRGINIA, TIDEWATER 5 COMMUNITY COLLEGE, FOR OPERATION AND 6 USE OF THE JOINT -USE LIBRARY 7 8 WHEREAS, the City of Virginia Beach (the "City") and Tidewater Community 9 College ("TCC") have joined in the design, development and construction of a library 10 intended to serve the needs of TCC students, faculty and staff and the residents of the 11 City known as the Joint -Use Library (the "Joint -Use Library"); 12 13 WHEREAS, the Joint -Use Library, located at the intersection of Rosemont Road 14 and Faculty Boulevard within TCC's Virginia Beach campus, is now complete; 15 16 WHEREAS, TCC and the City desire that the Joint -Use Library be used, owned, 17 operated and managed in a cooperative manner that benefits both TCC patrons and the 18 general public; 19 20 WHEREAS, TCC representatives and City staff have negotiated an agreement 21 intended to outline the ownership, operation and management of the Joint -Use Library, 22 the terms and conditions of which are set forth in the Summary of Terms attached 23 hereto as Exhibit A; and 24 25 WHEREAS, the Joint -Use Library reflects the long-term vision of City Council 26 and will provide a valuable educational and cultural asset to the citizens of the 27 Commonwealth of Virginia and the City. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager is hereby authorized to execute a Memorandum of 33 Agreement and all other related documents between the City and TCC, for the shared 34 ownership, operation and management of the Joint -Use Library, in accordance with the 35 Summary of Terms attached hereto as Exhibit A, and made a part hereof, and such 36 other terms, conditions, and modifications as may be acceptable to the City Manager 37 and in a form deemed satisfactory by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day 40 of August , 2013. Approved as to Content: Dept. of Publ. Libraries Cit Approved as to Legal Sufficiency: CA12582 VAvbgov.comADFS 1 \Applications VCityLawProdlcycom32\ WpdocsVD002VP006A00033911.DOC R-1 August 2, 2013 EXHIBIT A SUMMARY OF TERMS Memorandum of Agreement Between the City of Virginia Beach and the Commonwealth of Virginia, Tidewater Community College for the Joint -Use Library Parties: The City of Virginia Beach (the "City") and the Commonwealth of Virginia, Tidewater Community College ("TCC") Purpose: Execute a Memorandum of Agreement (the "Agreement") setting forth the mutual understanding and responsibilities of the City and TCC for shared ownership, operation and management of the approximately 125,000 square foot Joint -Use Library (the "Joint - Use Library") located on the Virginia Beach campus of TCC. The Joint -Use Library is intended to serve the needs of TCC's students, faculty and staff and be a public library for the citizens of the City. Term: Forty (40) years. Ownership: The City and TCC shall own the Joint -Use Library (structures and fixtures) as tenants in common with the City holding an undivided 17% interest and TCC holding an undivided 83% interest. The fee interest in the land will continue to be owned by TCC. The percentages reflect each party's contribution to the cost of construction of the Joint -Use Library. All personalty acquired through the joint contribution of the parties shall be owned jointly in the percentages set forth above. If TCC or the City individually acquires personalty for the Joint -Use Library, that property shall be solely owned by the acquiring party. Space Allocation: The Joint -Use Library will be divided into three classes of space: TCC Space, City Space and Shared Space. TCC and the City will each be responsible for the operation and management of their respective spaces, with the parties sharing the responsibility for the operation and management of the Shared Space. Operations: TCC and the City will share responsibility for the operations of the Joint -Use Library. The goal is to provide seamless service throughout the Joint -Use Library to both TCC and City users. The parties will develop staffing plans by utilizing staff from both TCC and the City to ensure the needs of all users of the Joint -Use Library are met. The parties will share operation costs in the percentage of their respective ownership of the Joint -Use Library, with each party being solely responsible for all costs and expenses related to that Page 1 of 2 party's employees within the Joint -Use Library, and all operations costs for each party's own space. TCC shall prepare a budget for the operating costs for the Joint -Use Library annually and will submit the budget to the City for review and comment. Maintenance: The parties shall be jointly responsible for maintenance of the Shared Space (capital and ordinary) in their respective percentages of ownership. Each party shall be responsible for maintenance of its own space within the Joint -Use Library. Management Fee: TCC shall have primary responsibility of providing administrative oversight for the operations of the Joint -Use Library (e.g., payment of all invoices for the Shared Space or purchasing for the Joint -Use Library). The City shall pay a portion of the actual costs incurred by TCC, up to $10,000 per year, for TCC's management of the Joint -Use Library. Modifications: The parties anticipate the terms of the Agreement will be adjusted and modified as unanticipated circumstances arise. The Agreement requires periodic meetings between the parties to address issues and to amend the Agreement as necessary. No material changes to the Agreement shall be made without the prior approval of City Council. Appropriation: All financial obligations of the City and TCC are subject to appropriation by both City Council and the Commonwealth of Virginia, respectively, of sufficient funds to satisfy those obligations. vbgov.com\DFS 1 \ Applications \CityIawProd\cycom32\ Wpdocs\D002\P006\000339 19.DOC Page 2 of 2 -45- Item-VI-J.4 ORDINANCES/RESOLUTIONS ITEM #63026 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE a Cooperative Agreement with the School Board re Legal Services by the City Attorney for FY -2014 Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 13, 2013 1 AN ORDINANCE APPROVING A COOPERATIVE 2 AGREEMENT BETWEEN THE CITY COUNCIL AND 3 THE SCHOOL BOARD OF THE CITY OF VIRGINIA 4 BEACH PERTAINING TO LEGAL SERVICES TO BE 5 PROVIDED TO THE SCHOOL BOARD AND SCHOOL 6 ADMINISTRATION BY THE OFFICE OF THE CITY 7 ATTORNEY IN FISCAL YEAR 2014 8 9 WHEREAS, the Office of the City Attorney has, for a number of years, provided 10 legal services to the Virginia Beach School Board and School Administration pursuant to 11 Cooperative Agreements; 12 13 WHEREAS, the Cooperative Agreement for FY 2013, which expired on June 30, 14 2013, provides that "[t]his Cooperative Agreement ... may be revised, as necessary, and 15 renewed each fiscal year ...;" and 16 17 WHEREAS, City Council agrees that it is in the best interests of the City and the 18 School Board for the Office of the City Attorney to continue to provide legal services to the 19 School Board pursuant to the revised Cooperative Agreement for FY 2014. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1. That the City Council hereby approves the Cooperative Agreement for FY 25 2014. a copy of which is attached hereto. 26 27 2. That the Mayor is hereby authorized to execute the Cooperative Agreement 28 on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of August , 2013. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney CA12684 R-2 July 18, 2013 COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2014 Factual Background: 1. City Charter Authority. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City, and that he shall have such powers and duties as may be assigned by the City Council. 2. Appointment of City Attorney. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authority. The School Board is established by the Virginia Constitution, the City Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law, including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. School Board Authority to Hire Legal Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Recognized Reasons to Share Legal Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the City Attorney's Office in City Council and School Board matters, institutional memory, and the ability of the City Attorney's Office to Page 1 of 7 I provide a wide range of legal services to the School Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Judgment of City Attorney. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the City Council and School Board may arise and that, in such cases, the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the School Board. Objectives: The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board, to provide for the delivery Page 2 of 7 I of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. Agreement: NOW, THEREFORE, the City Council and the School Board hereby agree as follows: 1. Legal Staffing. The Office of the City Attorney will provide the equivalent of two and one half (2 'h) attorney positions (or 4,125 hours per year) and one (1) secretarial position during FY 2014. The services to be provided as follows: A. The City Attorney will assign two attorneys on-site at the School Administration Building for provision of legal services to the School Board and the School Administration. As determined by the City Attorney, the attorneys will devote substantially all of their time (i.e., approximately 3,300 hours per year) to the provision of legal services to the School Board and School Administration. For the term of this Agreement, those attorneys will be Kamala H. Lannetti, Deputy City Attorney, and Tracee Hackett, Associate City Attorney. The City Attorney reserves the right to reassign attorneys to meet the legal needs of the School Board and School Administration in accordance paragraph 1D. B. The City Attorney will dedicate one Secretary on-site at the School Administration Building who will devote substantially all of his/her time to the support of legal services to the School Board and School Administration. C. The remaining attorney hours will be provided by the other attorneys in the Office, based upon their various areas of expertise with school -related legal issues, student services, real estate matters, human resources and employee benefits matters, contracts, general administrative and procedural issues, Page 3 of 7 I litigation, and other legal matters. Attorneys assigned to handle School Board matters will remain on-call to handle legal matters throughout the week. The City Attorney's Office will endeavor to handle as many legal matters in-house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the assigned attorneys shall be mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the Members of the School Board expresses dissatisfaction with the legal services provided by the assigned attorney, or by any other attorney providing services to the School Board, the City Attorney will meet with the School Board to discuss and evaluate its concerns. Furthermore, if the School Board and the City Attorney agree that the most reasonable way to address the School Board's concerns is to assign another attorney or other attorneys to represent the School Board, the City Attorney will use his best efforts to make such an assignment(s) as soon as possible. 2. Communication and Reports. Throughout the term of this Agreement, the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent, and will keep each apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual School Board Members in accordance with applicable School Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of Page 4 of 7 the City Attorney will provide the Superintendent and the School Board an annual report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the School Board, the School Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board Members. 3. Management of Legal Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the School Board and the School Administration, and shall assist the School Board and School Administration in the management of the School Board's legal matters; and that the City Attorney or his designee shall report to the School Board concerning those matters he has been assigned by the School Board to manage and/or handle on its behalf. 4. Ethical Conflicts Concerning Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. Ability to Provide Legal Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical constraints as they may arise. Page 5 of 7 I 6. Nature of Agreement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board IDT requests in the amount of $396,350.53 from its FY 2014 Operating Budget to the FY 2014 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of two and one half (2.5) attorneys and one (1) Legal Secretary. IDT requests of 25% of the total shall be made by the City and funds transferred by the School Board on or about July first, October first, January first, and April first. 8. Term and Termination of Agreement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2013, and ends June 30, 2014, and may be revised, as necessary, and renewed each fiscal year thereafter; provided, however, that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty (120) days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. Page 6 of 7 The parties hereby agree to the terms set forth above. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH B Daniel D. Edwards, Chairman School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on -3-Las t to , 2013. By: '6). c)4,z ot.„.....4.4...„_ School Board Clerk CITY COUNCIL OF THE CITY OF VIRGINIA BEACH By: William Sessoms, Mayor City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on , 2013. By: City Clerk Page7of7 EXHIBIT A SCHOOL FUNDING FY 2013/2014 SALARY & BENEFITS Account Account Description 601111 Salaries - Deputy Atty Salaries - Associate Atty Salaries - Half Associate Atty Salaries - Legal Secretary 602101 602104 QTR 1 QTR 2 QTR 3 QTR 4 Full Attorney Funding - FY $ 27,539.50 $ 19,377.00 $ 11,974.25 $ 9,334.02 FICA (Max. $106,000) - Deputy Atty $ FICA (Max. $106,000) - Associate Atty $ FICA (Max. $106,000) - Half Associate Atty $ FICA (Max. $106,000) - Legal Secretary Medicare (No Max) Medicare (No Max) Medicare (No Max) Medicare (No Max) 14 - Deputy Atty - Associate Atty - Half Associate Atty - Legal Secretary 1,707.44 1,201.37 754.62 588.93 $ 27,996.75 $ 19,698.65 $ 12,171.38 $ 9,488.97 $ 1,735.75 $ 1,221.31 $ 754.62 $ 588.93 $ 405.95 $ 285.63 $ 176.48 $ 137.73 399.00 $ 281.00 $ 173.60 135.43 $ 27,996.75 $ 19,698.65 $ 12,171.38 $ 9,488.97 $ 1,735.75 $ 1,221.31 $ 754.62 $ 588.93 $ 405.95 $ 285.63 $ 176.48 $ 137.73 602201 Retirement - Deputy Atty Retirement - Associate Atty Retirement - Half Associate Attorney Retirement - Legal Secretary lat 602301 Health & Dental - Deputy Atty Health & Dental -Associate Atty Health & Dental - Half Associate Attorney Health & Dental - Legal Secretary 602302 Life Insurance - Deputy Atty Life Insurance -Associate Atty Life Insurance - Half Associate Attorney Life Insurance - Legal Secretary $ 5,695.15 $ 4,007.16 $ 2,475.96 $ 1,930.27 $ 3,658.75 $ 2,608.75 $ 1,590.50 $ 1,240.25 $ 27,996.75 $ 19,698.65 $ 12,171.38 $ 9,488.97 1,735.75 1,221.31 754.62 588.93 405.95 285.63 176.48 137.73 $ 111,529.75 $ 78,472.95 $ 48,488.39 37,800.93 $ 6,914.69 $ 4,865.30 $ 3,018.48 $ 2,355.72 $ 1,616.85 $ 1,137.89 $ 703.04 548.62 obasi $ 5,789.75 $ 5,789.75 $ 5,789.75 $ 23,064.40 $ 4,073.68 $ 4,073.68 $ 4,073.68 ALL` $ 16,228.20 $ 2,517.04 $ 2,517.04 $ 2,517.04 $ 10,027.08 $ 1,964.38 $ 1,964.38 $ 1,964.38 $ 7,823.41 g $ 3,658.75 $ 3,658.75 $ 3,658.75 $ 14,635.00 $ 2,608.75 $ 2,608.75 $ 2,608.75 $ 10,435.00 $ 1,590.50 $ 1,590.50 $ 1,590.50 $ 6,362.00 $ 1,240.25 $ 1,240.25 $ 1,240.256 $ 4,961.00 99 $ 327.00 $ 333.15 $ 333.15 $ 333.15 F $ 1,326.45 $ 230.00 $ 234.42 $ 234.42 $ 234.42 $ 933.26 $ 142.47 $ 144.83 $ 144.83 $ 144.83 ;" $ 576.96 $ 111.07 $ 113.03 $ 113.03 $ 113.03 $ 450.16 ;LL, 9 s�= CITY ATTORNEY ADMINISTRATIVE COSTS Account # Account Description Full Attorney QTR 1 QTR 2 QTR 3 QTR 4 Funding 605801 Dues & Association Membership Virginia State Bar - Deputy Atty Virginia State Bar - Associate Atty Virginia State Bar - Half Associate Atty Virginia Beach Bar - Deputy Atty Virginia Beach Bar - Associate Atty Virginia Beach Bar - Half Associate Atty soc at on 68.75 68.75 34.38 48.75 48.75 24.38 68.75 68.75 34.38 48.75 48.75 24.38 68.75 68.75 34.38 48.75 48.75 24.38 68.75 68.75 34.38 48.75 48.75 24.38 $ 275.00 $ 275.00 $ 137.50 $ 195.00 $ 195.00 $ 97.50 606001 Office Supplies 1i 225.00 $ 225.00 $ 225.00 $ 225.00 ADMINISTRATIVE` -COSTS. $ 518.75 3 $' 18.75 8.7. 118:75 5:00': TOTAL SCHOOL FUNDING NEEDED 7/11/2013 3:45 PM Copy of Schools Exhibit A FY14 (revised) 1 EXHIBIT A SCHOOL FUNDING FY 2013/2014 Account Account Description QTR 1 QTR 2 QTR 3 QTR 4 Full Attorney Funding 7/11/2013 3:45 PM Copy of Schools Exhibit A FY14 (revised) -46- Item -VI-J.5 ORDINANCES/RESOLUTIONS ITEM #63027 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE acquisition of property at 5853 Burton Station Road from Rosetta E. Valentine re construction and drainage easements Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 13, 2013 I 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF 11,857 SQUARE FEET OF 3 LAND LOCATED AT 5853 BURTON STATION 4 ROAD FROM ROSETTA VALENTINE 5 6 7 WHEREAS, Rosetta E. Valentine ("Valentine") owns 11,857 square feet (+/- 0.27 8 acres) of property located at 5853 Burton Station Road (GPIN 1458-89-0148) in the City 9 of Virginia Beach, Virginia (the "Property"), as further described on Exhibit A, attached 10 hereto and incorporated herein; 11 12 WHEREAS, Valentine desires to convey the Property to the City of Virginia 13 Beach (the "City") for $100,000; 14 15 WHEREAS, the City has determined that the acquisition of the Property would 16 further the City's goals associated with the Burton Station Road Improvement Project 17 and implementation of the Burton Station Strategic Growth Area Plan; and 18 19 WHEREAS, funding for the acquisition is available in the Burton Station Road 20 Improvement Project, CIP 9-081.003; and 21 22 WHEREAS, Valentine has agreed to convey the Property to the City in 23 accordance with the Summary of Terms attached hereto as Exhibit B, and incorporated 24 herein. 25 26 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 27 VIRGINIA: 28 29 1. That the City Council authorizes the acquisition of the Property by 30 purchase pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended, which 31 Property is generally identified as GPIN 1458-89-0148 and further described on Exhibit 32 A. 33 34 2. That the City Manager or his designee is further authorized to execute all 35 documents that may be necessary or appropriate in connection with the purchase of the 36 Property, so long as such documents are in accordance with the Summary of Terms 37 attached hereto as Exhibit B and made a part hereof and containing such other terms 38 and conditions deemed necessary and sufficient by the City Manager and in a form 39 deemed satisfactory by the City Attorney. 40 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13thday 43 of August , 2013. CA12576 R-1 PREPARED: 7/30/13 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM C . ()Yien,kS ot.N_ (-WM. /://tvli LIC WORKS, REAL ESTATE CITY ATTO NEY 11 -o v a aoin.reg 1oddnS • bu3/ bu3fM'd CO c m c 0 J 0 N 0 co O at Files\AGENDA MAPS\Southside Rd\2426-19-7563\2426-19-7563 .mxd I EXHIBIT "A" Legal Description of 5853 Burton Station Road ALL THAT certain piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being, in the Borough of Kempsville, City of Virginia Beach, Virginia, and known and designated as Part of Tract Number Ten (10) on the Plat of Simon Elliott's Estate, and further described as follows: BEGINNING at a point on the south side of Burton's Road approximately Three -tenths (.3) miles from Route 13, which is the northwestern corner of Tract Number Eleven (11) on the Plat of Simon Elliott's Estate, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7, page 46; thence running S. 33° 47' W. One Hundred Thirty -Six (136) feet to a point; thence S. 56° 13' E. Ninety -Four and One -Tenth (94.1) feet to a point; thence N. 33° 47' E. One Hundred Thirty -Six (136) feet to a point on the south side of Burton's Road; thence along the south side of Burton's Road Ninety -Four and One -Tenth (94.1) feet to the point of beginning. The front Ten (10) feet of this plot have been dedicated to the Commonwealth of Virginia for highway purposes. FOR A MORE particular description, reference is hereby made to a plat entitled "Subdivision of Property of Alice Wills" made by W. B. Gallup, County Surveyor, dated April 1, 1960, and recorded in the aforementioned Clerk's Office in Map Book 50,Page 4. SUBJECT TO those certain easements conveyed to the City of Virginia Beach by Deed dated August 13, 2012 and recorded in the aforesaid Clerk's Office as Instrument Number 20120827000976940, which easements shall not merge with the title. IT BEING a portion of the same property conveyed to Dorothy H. Elliott and Rosetta E. Valentine, as joint tenants with rights of survivorship, by deed from Dorothy H. Elliott, widow and not remarried, dated February 20, 1990 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 2893, at page 975. Dorothy H. Elliott department this life on June 13, 1991, and by right of survivorship, the property passed to Rosetta E. Valentine. EXHIBIT "B" SUMMARY OF TERMS OWNER: Rosetta E. Valentine BUYER: City of Virginia Beach, VA PROPERTY: 5853 Burton Station Road (GPIN 1458-89-0148) CONSIDERATION: $100,000 SOURCE OF FUNDS: CIP 9-081.033 ADDITIONAL TERMS: • Acquisition is expressly conditioned upon executing an Agreement of Sale with the City and the satisfaction of all contingencies stated in such agreement. • Property must be conveyed free and clear of all liens, leases, and tenancies and rights of possession of any and all parties other than the City. • Settlement will be within 90 days of full execution of the Agreement of Sale, pending Council approval. • Seller shall pay her own attorney's fees and costs, if any. • City shall bear the costs of preparation of closing documents and recording fees. -47- Item-VI-J.6 ORDINANCES/RESOLUTIONS ITEM #63028 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE a contract between the Community Services Board and the Commonwealth of Virginia re mental health, mental retardation and substance abuse services Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 13, 2013 1 A RESOLUTION APPROVING A CONTRACT BETWEEN 2 THE COMMUNITY SERVICES BOARD AND THE STATE 3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 That the City Council hereby approves the FY 2013-14 performance contract 6 between the City of Virginia Beach Community Services Board and the Virginia 7 Department of Behavioral Health and Developmental Services (a summary of which is 8 attached as Exhibit A), which provides State-controlled performance contract funding to the 9 Community Services Board. Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of August , 2013. APPROVED AS TO CONTENT: bc(A,J0, Management Services CA12702 R-2 August 5, 2013 APPROVED AS TO LEGAL SUFFICIENCY: ffice FY 2013 And FY 2014 Community Services Performance Contract: FY 2014 Renewal FY 2014 Exhibit A: Resources and Services Virginia Beach Community Services Board Consolidated Budget (Pages AF -3 through AF -7) Funding Sources Mental Health Services Developmental Services Substance Abuse Services TOTAL State Funds 6,874,364 819,656 2,173,184 9,867,204 Local Matching Funds 7,914,175 7,397,268 978,156 16,289,599 Total Fees 5,113,229 18,305,600 631,640 24,050,469 Transfer Fees InI(Out) 0 0 0 0 Federal Funds 430,024 0 1,809,219 2,239,243 Other Funds 0 0 0 0 State Retained Earnings 0 0 0 0 Federal Retained Earnings 0 0 Other Retained Earnings 0 0 0 0 Subtotal Funds 20,331,792 26,522,524 5,592,199 52,446,515 State Funds One -Time 0 ` `:max 0 0 Federal Funds One -Time 0 == 0 0 0 0 Subtotal One -Time Funds 0 _ 0 TOTAL ALL FUNDS 20,331,792 26,522,524 5,592,199 52,446,515 Cost for MH/DV/SA 20,224,700 26,512,435 2,924,161 Cost for Services Available Outside of a Program Area (SAOPA) (AP -4) 49,661,296 2,785,219 Total Cost 52,446,515 Local Match Computation Total State Funds 9,867,204 Total Local Matching Funds 16,289,599 Total State and Local Funds 26,156,803 Total Local Match % (Local/Total State + Local) 62.28% Report Date 7/18/2013 AF -1 Administrative Cost Total Admin. Cost 4,575,974 Total Cost 52,446,515 Administrative Percent 8.73% FY 2014 Community Services Performance Contract Financial Summary Exhibit A: Resources and Services Mental Health (MH) Services Virginia Beach Community Services Board Funding Sources Funds FEES MH Medicaid Fees 4,177,368 MH Fees: Other 935,861 Total MH Fees 5,113,229 MH Transfer Fees In/(Out) 0 MH Net Fees 5,113,229 FEDERAL FUNDS MH FBG SED Child & Adolescent (93.958) 221,924 MH FBG SMI (93.958) 15,184 MH FBG SMI PACT (93.958) 0 MH FBG SMI SWVMH Board (93.958) 0 Total MH FBG SMI FUNDS 15,184 MH FBG Geriatrics (93.958) 0 MH FBG Consumer Services (93.958) 0 Total MH FBG Adult Funds 15,184 MH Federal PATH (93.150) 21,955 MH Other Federal - DBHDS 0 MH Other Federal - CSB 170,961 TOTAL MH FEDERAL FUNDS 430,024 STATE FUNDS Regional Funds MH Acute Care (Fiscal Agent) 0 MH Regional DAP (Fiscal Agent) 0 MH Crisis Stabilization (Fiscal Agent) 0 MH Recovery (Fiscal Agent) 0 MH Other Merged Regional Funds (Fiscal Agent) 0 MH Total Regional Transfer In/(Out) 2,185,812 Total MH Net Regional State Funds 2,185,812 Children State Funds MH Child & Adolescent Services Initiative 338,661 MH Children's Outpatient 75,000 Total MH Restricted Children's Funds 413,661 MH State Children's Services 25,000 MH Juvenile Detention 111,724 MH Demo Proj-System of Care (Child) 0 Total MH Unrestricted Children's Funds 136,724 MH Crisis Response & Child Psychiatry (Fiscal Agent) 0 MH Crisis Response & Child Psychiatry Transfer In/(Out) 0 Total MH Net Restricted Crisis Response & Child Psychiatry Total State MH Children's Funds Report Date 7/18/2013 AF -3 0 550,385 FY 2014 Community Services Performance Contract Financial Summary Exhibit A: Resources and Services Mental Health (MH) Services Virginia Beach Community Services Board Funding Sources Other State Funds MH Law Reform 397,790 MH Pharmacy - Medication Supports 29,949 MH Jail Diversion/Service 354,300 MH Adult Outpatient Competency Restoration Srvs 0 MH CIT -Assessment Sites 0 MH 2014 DAP 0 MH Expanded Community Capacity (Fiscal Agent) 0 MH Expanded Community Capacity Transfer In/(Out) 291,346 Total MH Net Expanded Community Capacity 291,346 Total Restricted MH Other State Funds 1,073,385 MH State Funds 2,672,514 MH State Regional Deaf Services 0 MH State NGRI 0 MH PACT 0 MH Discharge Assistance (DAP) 392,268 MH Geriatrics Services 0 Total Unrestricted MH Other State Funds 3,064,782 Total Other State MH Funds 4,138,167 TOTAL STATE MH FUNDS 6,874,364 OTHER FUNDS MH Other Funds 0 MH Federal Retained Earnings 0 MH State Retained Earnings 0 MH State Retained Earnings - Regional Frog 0 MH Other Retained Earnings n Total Other MH Funds 0 LOCAL MATCHING FUNDS MH Local Government Appropriations 7,914,175 MH Philanthropic Cash Contributions 0 MH In -Kind Contributions 0 MH Local Interest Revenue 0 Total MH Local Matching Funds 7,914,175 Total MH Revenue & Expenses 20,331,792 MH ONE TIME FUNDS MH FBG SMI (93.958) 0 MH FBG SED Child & Adolescent (93.958) 0 MH FBG Consumer Services (93.958) 0 MH State Funds 0 Total One Time MH Funds 0 Total All MH Revenue & Expenses 20,331,792 Funds Report Date 7/18/2013 AF -4 FY 2014 Community Services Performance Contract Financial Summary Exhibit A: Resources and Services Developmental Services (DV) Virginia Beach Community Services Board Funding Sources FEES DV Medicaid Fees 7,884,534 DV Medicaid ICF/ID 9,140,626 DV Fees: Other 1,280,440 Funds Total DV Fees DV Transfer Fees In/(Out) 18,305,600 0 DV NET FEES 18,305,600 FEDERAL FUNDS DV Other Federal - DBHDS DV Other Federal - CSB TOTAL DV FEDERAL FUNDS 0 0 0 STATE FUNDS DV State Funds 778,416 DV OBRA 41,240 Total DV Unrestricted State Funds 819,656 DV Crisis Stabilization (Fiscal Agent)— Restricted 0 TOTAL DV STATE FUNDS 819,656 OTHER FUNDS DV Workshop Sales 0 DV Other Funds 0 DV State Retained Earnings 0 DV State Retained Earnings -Regional Prog 0 DV Other Retained Earnings 0 TOTAL DV OTHER FUNDS 0 LOCAL MATCHING FUNDS DV Local Government Appropriations 7,397,268 DV Philanthropic Cash Contributions 0 DV In -Kind Contributions 0 DV Local Interest Revenue 0 TOTAL DV LOCAL MATCHING FUNDS 7,397,268 Total DV FUNDS 26,522,524 ONE-TIME FUNDS Total All DV Revenue & Expenses 26,522,524 Report Date 7/18/2013 AF -5 FY 2014 Community Services Performance Contract Financial Summary Exhibit A: Resources and Services Substance Abuse (SA) Services Virginia Beach Community Services Board Funding Sources Funds FEES SA Medicaid Fees 511,352 SA Fees: Other 120,288 Total SA Fees 631,640 SA Transfer Fees In/(Out) 0 SA NET FEES 631,640 FEDERAL FUNDS SA FBG Alcohol/Drug Trmt (93.959) 985,968 SA FBG SARPOS (93.959) 65,231 SA FBG Jail Services (93.959) 165,147 SA FBG Co -Occurring (93.959) 34,574 SA FBG New Directions (93.959) 0 SA FBG Recovery (93.959) 0 Total SA FBG A/D Trmt Funds 1,250,920 SA FBG Women (includes LINK at 6 CSBs) (93.959) 167,279 SA FBG Prevention -Women (LINK) (93.959) 20.000 Total SA FBG Women 187,279 SA FBG Prevention (93.959) 276,020 SA FBG Prev-Strengthening Families (93.959) 95,000 Total SA FBG Prevention 371,020 SA Other Federal - DBHDS 0 SA Other Federal - CSB 0 TOTAL SA FEDERAL FUNDS 1,809,219 STATE FUNDS Regional Funds SA Facility Reinvestment (Fiscal Agent) 0 SA Facility Reinvestment Transfer In/(Out) 468,027 SA Net Facility Reinvestment 468,027 Report Date 7/18/2013 AF -6 FY 2014 Community Services Performance Contract Financial Summary Exhibit A: Resources and Services Substance Abuse (SA) Services Virginia Beach Community Services Board Funding Sources Funds Other State Funds SA Women (includes UNK at 4 CSBs) (Restricted) 1,800 SA State Funds 1,366,257 SA Region V Residential 131,215 SA Jail Services/Juv Detention 27,216 SA MAT - Medically Assisted Treatment 0 SA SARPOS 76,097 SA Recovery 0 SA HIV/AIDS 102,572 Total SA State Unrestricted Funds Total SA Other State Funds TOTAL SA STATE FUNDS 1,703,357 1,705,157 2,173,184 OTHER FUNDS SA Other Funds 0 SA Federal Retained Earnings 0 SA State Retained Earnings 0 SA State Retained Earnings -Regional Prog 0 SA Other Retained Earnings 0 TOTAL SA OTHER FUNDS 0 LOCAL MATCHING FUNDS SA Local Government Appropriations 978,156 SA Philanthropic Cash Contributions 0 SA In -Kind Contributions 0 SA Local Interest Revenue 0 TOTAL SA LOCAL MATCHING FUNDS 978,156 TOTAL SA FUNDS 5,592,199 ONE-TIME FUNDS SA FBG Alcohol/Drug Trmt (93.959) 0 SA FBG Women (includes LINK -6 CSBs) (93.959) 0 SA FBG Prevention (93.959) 0 SA State Funds 0 TOTAL SA ONE-TIME FUNDS TOTAL ALL SA FUNDS Report Date 7/18/2013 0 5,592,199 AF -7 FY 2014 Community Services Performance Contract Local Government Tax Appropriations Virginia Beach Community Services Board City/County Virginia Beach City Total Local Government Tax Funds: Tax Appropriation 16,289,599 16,289,599 Report Date 7/18/2013 AF -8 FY 2014 Community Services Performance Contract Exhibit A: Resources and Services Supplemental Information Reconciliation of Projected Revenues and Utilization Data (Core Services) Costs by Program Area Virginia Beach Community Services Board MH DV SA Services Services Services SAOPA * Total Total All Funds (Page AF -1) 20,331,792 26,522,524 5,592,199 ME- 52,446,515 Cost for MH, DV, SA, and SAOPA 20,224,700 26,512,435 2,924,161 2,785,219 52,446,515 Services (Page AF -1) Difference 107,092 10,089 2,668,038 -2,785,219 0 * Services Available Outside of a Program Area Difference results from Other Explanation of Other in Table Above: 0 Report Date 7/18/2013 AF -9 FY 2013 And FY 2014 Community Services Performance Contract: FY 2014 Renewal FY 2014 Exhibit A: Resources and Services CSB 100 Mental Health Services Virginia Beach Community Services Board Report for Form 11 Core Services Code Costs 310 Outpatient Services $7,099,849 320 Case Management Services $3,722,518 410 Day Treatment or Partial Hospitalization $773,222 420 Ambulatory Crisis Stabilization Services $484,396 425 Rehabilitation or Habilitation $2,339,217 460 Individual Supported Employment $118,593 510 Residential Crisis Stabilization Services $2,450,940 551 Supervised Residential Services $1,805,402 581 Supportive Residential Services $1,430,563 Total Costs $20,224,700 Report Date 7/18/2013 AP -1 FY 2013 And FY 2014 Community Services Performance Contract: FY 2014 Renewal FY 2014 Exhibit A: Resources and Services CSB 200 Developmental Services Virginia Beach Community Services Board Report for Form 21 Core Services Code Costs 310 Outpatient Services $367,389 320 Case Management Services $2,895,489 425 Rehabilitation or Habilitation $4,223,530 465 Group Supported Employment $715,333 460 individual Supported Employment $935,951 501 Highly Intensive Residential Services $11,422,158 521 Intensive Residential Services $2,789,563 551 Supervised Residential Services $355,189 581 Supportive Residential Services $2,807,833 Total Costs $26,512,435 Report Date 7/18/2013 AP -2 FY 2013 And FY 2014 Community Services Performance Contract: FY 2014 Renewal FY 2014 Exhibit A: Resources and Services CSB 300 Substance Abuse Services Virginia Beach Community Services Board Report for Form 31 Core Services Code Costs 310 Outpatient Services $393,011 320 Case Management Services $2,528 410 Day Treatment or Partial Hospitalization $219,239 501 Highly Intensive Residential Services $761,404 521 Intensive Residential Services $72,652 581 Supportive Residential Services $400,428 610 Prevention Services $1,074,899 Total Costs $2,924,161 Report Date 7/18/2013 AP -3 FY 2013 And FY 2014 Community Services Performance Contract: FY 2014 Renewal FY 2014 Exhibit A: Resources and Services CSB 400 Services Available Outside of a Program Area Virginia Beach Community Services Board Report for Form 01 Core Services Code Costs 100 Emergency Services $1,540,088 318 Motivational Treatment Services $746,854 390 Consumer Monitoring Services $206,719 720 Assessment and Evaluation Services $291,558 Total Costs $2,785,219 Report Date 7/18/2013 AP -4 -48 - Item -VI-J.7 ORDINANCES/RESOLUTIONS ITEM #63029 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City -owned property for GAYATREE, INC. D/B/A SANDPIPER INN re a bulkhead and pier at 1112 Pacific Avenue, Lake Holly DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary encroachments into a portion of City -owned property for GAYATREE, INC. D/B/A SANDPIPER INN re a bulkhead and pier at 1112 Pacific Avenue, Lake Holly (GPIN2427159116) DISTRICT 6 — BEACH The, following condition shall be required: 1 It is expressly understood and agreed that the Temporary Encroachments 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. 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 4. 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 Encroachments. 5. 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. August 13, 2013 -49 - Item -VI -J.7 ORDINANCES/RESOLUTIONS ITEM #63029(Continued) 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. 7. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit'). 8. It is further expressly understood and agreed that the Grantee shall make a ONE THOUSAND, FIVE HUNDRED DOLLAR ($1,500.00) payment, payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the typically required fifteen (15) -foot -wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City -owned property. 9. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500, 000.00, per person injured and property damage per incident, combined with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. 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 Encroachments. 10. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. 11. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered Professional Engineer or a licensed Land Surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. August 13, 2013 -50 - Item -VI -J.7 ORDINANCES/RESOLUTIONS ITEM #63029(Continued) 12. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments 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 Encroachments; 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 Encroachments are 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. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth day of August, Two Thousand Thirteen Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 13, 2013 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS LAKE HOLLY 7 LOCATED AT THE REAR OF 1112 8 PACIFIC AVENUE, BY GAYATREE, 9 INCORPORATED, (D/B/A SANDPIPER 10 INN) 11 12 WHEREAS, Gayatree, Incorporated desires to maintain the existing bulkhead 13 and construct and maintain the proposed 2' x 27' and 2' x 204' bulkhead in front of the 14 existing bulkhead, batter piles, tie rods and 12" pilings and re -construct and maintain an 15 existing 24' x 24' pier into a portion of City property known as Lake HoIIy, located at the 16 rear of 1112 Pacific Avenue, in the City of Virginia Beach, Virginia; and 17 18 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 20 City's property 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, Gayatree, Incorporated, its 26 assigns and successors in title are authorized to maintain the existing bulkhead and 27 construct and maintain the proposed 2' x 27' and 2' x 204' bulkhead in front of the 28 existing bulkhead, batter piles, tie rods and 12" pilings and re -construct and maintain an 29 existing 24' x 24' pier, upon a portion of City property known as Lake HoIIy, as shown on 30 the map marked Exhibit "A" and entitled: "EXHIBIT "A" BULKHEAD ADDITION AND 31 PIER REPLACEMENT FOR SANDPIPER INN VIRGINIA BEACH, VIRGINIA DATE 32 DRAWN: 10/8/12, 12/27/12 SHEET 1 OF 9 SCALE: 1" = 30'," a copy of which is on file 33 in the Department of Public Works and to which reference is made for a more particular 34 description; and 35 36 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 37 subject to those terms, conditions and criteria contained in the Agreement between the 38 City of Virginia Beach and Gayatree, Incorporated (the "Agreement"), which is attached 39 hereto and incorporated by reference; and 40 41 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 42 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 Gayatree, Incorporated and the City Manager or his authorized designee 46 execute the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13thday 49 of August , 2013. CA -12416 R-1 PREPARED: 7/1/13 APPROVED AS TO CONTENTS LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM R. ER, ASSOCI CITY ATTORNEY SANDPIPER INN - 1112 PACIFIC AVENUE 2427-15-9116 121" Legend City Property J! Prepared by P.WJEngJEng. Support Services Bureau 02 /1 92 01 3 AATIA LOCATION MAP ENCROACHMENT REQUEST FOR GAYATREE, INCORPORATED 1112 PACIFIC AVENUE GPIN 2427-15-9116 Feet 0 50 100 200 XACADD1Protects1ARC Files Pacific Ave\2427-159116\2427-159116.m, d PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 28th day of June, 2013, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GAYATREE, INCORPORATED, a Virginia corporation, (d/b/a SANDPIPER INN), ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot on the west side of Holly Avenue, in the south side of the south line of Twelfth Street"; as shown on that certain plat entitled: "VIRGINIA BEACH Norfolk and Virginia Beach Rail Road and Improvement Company, prepared by Marshall Parks, Pres. 100 MAIN ST. NORFOLK. VA," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 1, at page 23b, and being further designated, known, and described as 1112 Pacific Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain the existing bulkhead and construct and maintain the proposed 2' x 27' and 2' x 204' bulkhead in front of the existing bulkhead, batter piles, tie rods and 12" pilings and re -construct and maintain an existing 24' x 24' pier, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GPIN: 2427-15-4122-0000; (City Property — Known As Lake Holly) 2427-15-9116-0000; (1112 Pacific Avenue) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of City property known as Lake Holly, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments 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 Encroachments. It is expressly understood and agreed that the Temporary Encroachments 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: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT "A" BULKHEAD ADDITION AND PIER REPLACEMENT FOR SANDPIPER INN VIRGINIA BEACH, VIRGINIA GRAPHIC SCALE: 1 inch = 30 ft.," prepared by GEORGE EDWIN YOUNG, III, PROFESSIONAL ENGINEER for GEORGE E. YOUNG, Ili, P.C. ENGINEERS & SURVEYORS, said exhibit plat consists of nine (9) sheets, copies of which are attached hereto as Exhibit "A", DATE DRAWN: 10/8/12, 12/27/12," 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 Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments 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 Encroachments. 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 Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall make a ONE THOUSAND, FIVE HUNDRED DOLLAR ($1,500.00) payment, payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the typically required 15 -foot -wide riparian buffer area that cannot be 3 established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City -owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. 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 Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary 4 Encroachments 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 Encroachments; 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 Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Gayatree, Incorporated, a Virginia corporation, has caused this Agreement to be executed in its corporate name and on its behalf by Nisha Patel, its PresidentNice-President. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2013, 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. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2013, 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. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 GAYATREE, INCORPORATED, a Virginia corporation By (SEAL) Nisha residentNice-President STATE OF Vi r ; 'u CITY/COUNTY O! Uc ' t vt,c`o , to -wit: 27 The foregoing instrument was acknowledged before me this L day of 111,14 e- , 2013, by Nisha Patel, as PresidentNice-President of GAYATREE, INCORPORATED, INCORPORATED, a Virginia corporation. ALIAKSANDR HUSEU Notary Public Commonwealth of Virginia 7364171 My Commission Expires Sep 30, 2014 ottary'PubTc— Notary Registration Number: 13 6414.1 ✓(444 1" 2.12/14 My Commission Expires: (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 7 EAL) APPROVED AS TO CONTENTS rmv C. C Aw.scv. ci 9 ATURE Pt() /RE DEPARTMENT 8 APPROVED AS TO LEGAL SUFFICIENCY AND FORM EXI01 i'7-'4" LAKE HOLLY -o 3 BULKHEAD A©rzwric N AND P1�R REPLACEMENT FOR SANDPIPER INN VIRQINIA BEACH, VIRGINIA EXISTING PIER ( IN FEET ) TO BE REPLACED 1 inch = 30 ft. UAC rpA` \q�'�yr VICINITY MAP SCALE: 1' 2000' • :, `.'' 5.00' SETBACK LINE (TYP.) FOR OCEANFRONT • RESORT DISTRICT PROPERTY LINE (TYP.) • \JL'NO,:ii No. C . l y. EXISTING MOTEL LAKE HOLLY EXISTING BULKHEAD TO REMAIN S09'56'58"E EXISTING MOTEL EXISTING PARKING LOT EXIST1NCI CONI3IONS GEORGE E. YOUNG, 111, P.C. 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Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 13, 2013 1 AN ORDINANCE TO AMEND CAPITAL PROJECT 2- 2 168, LESNER BRIDGE REPLACEMENT, TO 3 AUTHORIZE DEBT IN FURTHERANCE OF THE 4 PROJECT, AND TO AUTHORIZE THE CITY 5 MANAGER TO PROCEED WITH ADVERTISEMENT 6 WHEREAS, the funding for Capital Project 2-168, Lesner Bridge Replacement, 7 (the "Project") in the City's FY2014 Capital Improvement Program (the "FY2014 CIP") is 8 based upon the Commonwealth Transportation Board's Final FY2013 Six Year 9 Improvement Plan (the "SYIP"); 10 11 WHEREAS, as adopted, the Project is fully appropriated at $99,514,406, which 12 would allow the City to proceed with advertisement for construction; 13 14 WHEREAS, the Commonwealth Transportation Board has substantially changed 15 the funding for the Project in the FY2014 SYIP, including moving $10.453 million of the 16 State allocation to FY2015, $13 million of the State allocation to FY2017, and $14.22 17 million of the State Allocation to FY2018; and 18 19 WHEREAS, the City cannot recognize the future funding as a legal obligation of 20 the State because such funds require appropriation by the General Assembly and 21 allocation by the Commonwealth Transportation Board; and 22 23 WHEREAS, the City recognizes the Lesner Bridge Replacement as a high 24 priority project that cannot be delayed any longer; and 25 26 WHEREAS, the City may incur contractual obligations in the nature of debt 27 provided such obligations are in conformity with the City Charter; and 28 29 WHEREAS, this item has been advertised as required for any issuance of debt. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 1. The FY2014 Capital Improvement Program, Project 2-168, Lesner Bridge 35 Replacement is amended as follows: 36 37 a. The FY2014 Budgeted amount shall include revenues of $37,673,000 38 from contractual obligation debt with a corresponding reduction in state 39 revenues allocated to -date; and 40 b. The contractual obligation debt shall be programed for reduction in equal 41 amounts upon appropriation by the General Assembly and allocation by 42 the Commonwealth Transportation board of $10,453,000 in FY2015, 43 $13,000,000 in FY 2017, and $14,220,000 in FY2018. 44 45 2. The City Council hereby elects to treat the indebtedness under the Charter of 46 the City rather than pursuant to the Public Finance Act of 1991 and hereby 47 constitutes the indebtedness a contractual obligation bearing the full faith and 48 credit of the City. 49 50 3. The City Council hereby directs the City Manager or designee to proceed with 51 the advertisement of bids or proposals for the construction of Project 2-168. 52 53 4. The City Council hereby directs City staff to make a request to the 54 Commonwealth Transportation Board to provide the full $37,673,000 55 allocation in FY2015 to relieve the City from carrying such indebtedness. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of August 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: likaax A Public orks Finance APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA -12692 R-2 July 31, 2013 PIzq City ' o - e ' Office COMMONWEALTH of VIRGINIA Gregor). A. Whirley +, :on] 03itiS ...00P June 28, 2013 Mr. James K. Spore City Manager Municipal Center, Building 1 2401 Courthouse Drive Virginia Beach, VA 23456-9001 DEPARTMENT OF TRANSPORTATION 1431 EAST BRO.hD STREET R.CHi .0 7. VIRG:IJI 23219 2)00 Subject: Funding for UPC 97737 Lerner Bridge Replacement Project Dear Mr. Spore: 1 want to thank you, your staff and the Hampton Roads Transportation Planning Organization staff for meeting with VDOT to discuss your questions regarding the FY 2014-2019 Draft Six -Year Improvement Program (SYIP) as it related to the Hampton Roads region and Virginia Beach in particular. As you indicated in your letter, the meeting was very productive and the information sharing was beneficial for all parties involved. The development of the SYIP is a very complex programming process with many moving parts and we are always happy to clarify any information contained in the document. In response to your concern regarding the movement of funding on the Lesner Bridge Replacement Project in the Draft SYIP, as was discussed in the meeting, there was a need in the Hampton Roads Construction District to replace funding on another project, the 1-564 Intermodal Project to accommodate the arrangement in the Memorandum of Agreement with the Port of Virginia and Eastern Federal Lands necessary for Eastern Federal Lands to administer the project. Therefore, previous bond funding on Lesner Bridge was transferred to the 1-564 Intermodal Project and replaced with federal funding over the development cycle of the Lesner Bridge Project in keeping with the state law to completely fund a project no later than 12 months from the completion of the project. As discussed, this swap did not in any way diminish VDOT's commitment to the completion of the Lesner Bridge project; and the project remained full\ funded within the Draft SYIP and is still fully funded in the Final Six -Year Improvement Program for FY 2014-2019 approved by the Commonwealth Transportation Board on June 19, 2013. Specifically, with the advertisement of the Lesner Bridge project construction phase, I can confirm that when you bill VDOT for the reimbursement of expenditures made by Virginia Beach for the project, within the current budget allocation of $87,477,807 you will be reimbursed. The funding distribution on the Lesner Bridge project is the exact process that is used for other locally administered and VDOT administered projects. I must clarify that any financial obligations of the Virginia Department of Transportation are subject to appropriation by the Virginia General Assembly and allocation by the VirginiaDOT.org VVE KEEP VIRGINIA MOVING Mr. James K. Spore June 28, 2013 Page Two Commonwealth Transportation Board. It would not be our intent to stop funding a project underway. Your local administration agreement with VDOT will be updated shortly to take into account the estimate increase on the project of $2,588,245 that VDOT funded in the recent SYIP update. I hope this helps alleviate any concerns you may have had regarding our commitment to reimburse your project expenditures as they occur over the life of the project. With regard to the funding for the four other priority projects you have identified for Virginia Beach, we will continue to keep them under consideration in the next update of the Six -Year Improvement Program. We do understand these projects are critically important to improving safety and congestion on your roads. You have also indicated your concern that several of these projects are near the 20 year FHWA expiration limit. This rule states, "In the event that actual construction of a road on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the project is authorized, the State transportation department will repay to the FHWA the sum or sums ofFederal funds paid to the transportation department under the terms of the agreement. The State may request a time extension beyond the 20 -year limit with no repayment of Federal funds, and the FHWA may approve this request if it is considered reasonable." Together we will provide FHWA information on the importance of these projects and that we have every intention to continue to move them forward and request an extension for the completion of the construction phase. Thank you again for coordinating the joint meeting and we look forward to continuing our relationship as a transportation partner and investor as well. Sincerely, Gregory A. Whirley, Sr. Commissioner of Highways Cc: The Honorable Mayor William D. Sessoms, Jr. and Members of City Council Mr. Robert Matthias, Assistant City Manager Mr. David L. Hansen, Deputy City Manager Mr. Phillip A. Davenport, Director of Public Works Mr. W. Sheppard Miller, Commonwealth Transportation Board Mr. Hollis Ellis, Commonwealth Transportation Board Mr. Aubrey L. Layne, Jr., Commonwealth Transportation Board. Mr. Dwight Farmer. Executive Director, HRTPO Mr. Charlie A. Kilpatrick, VDOT Chief Deputy Commissioner Ms. Reta Busher, VDOT Chief of Programming and Planning Mr. Jim Utterback, VDOT Hampton Roads District Administrator Cfty t Virginia Beach, VirgirtiaFiatal Ytara:'2013-14 throuqh 20:11-19 Capital Improvement Fragrant Project:2168000 !Title: testier Bridge Replacement I Status: Approved Category: Roadways Project Type Deparbrient: Public Works Projed Type: 'him Facility Construction/Expansion Programmed Funding Amiropriatecl To Date Budgeted FY 2014 Programmed Funding Project Location Distdet: Ban/Side; Lynnhaven Non -Appropriated Flogronwnect CIP Funding FY 2018 , P12019 FY 20.15 Pt 2016 FY 2017 Future Funding Description and Scope VDOT LIPCW91 Ali, This pm ectwllrepace-ttiaa7ki§lingteTher Blichga With a signal:Os farift that is capable bintaicging six.lanes: of traffiC the fithire, The replacement badge Structure wilt be striped, fartWet Wes nitre -lc wdb.10:1601 outside shOdidaisi and a 10 foot multi us path in, each direction. The prOpOsed bridge witi be designed to pnividerniennUrn 45 foot vertical :detainee. and 150 feat nikitritmi horizental clearance at navigation channel soonThts project also includes upgrades -lathe intersections c4 East Stratford Road and Vista Circle (the temini for the j;•rnjed),, aswell aS aesthefte uPgradeS.Withinthe project *nits: Purpose and Need TheLesner bridge is: neeting the eridef its tiSTettil fife, The: existing 'bridge structure is cnrumfisitatert as Doer, and the Wirier& irriegriblattie bridge may be corripmrdised if carrel -live adiOniSliot tat.ceb Without this project, Me: exiSting structure May have &eche posted for Weight knits, „ Project 2--,263.Majet Bridge Retiabigationi v.411ftind jefatira MOOTS to prolong the useful frie Until replaceinent is complete_ The current roadway capacity is 27,300 Skittles pet' day, The traffic Volume el 42.,000: vehicles per day is projected to increase to 5111)00 vehicleSper day in 2026 ThiS, project is on The oibjsmasterTreirwrtaion Plarr, as Wallas the ,Regional Transpeantree plan, This pmjettisiderithed, in the Shire Drive Transdation Stu ” :arkilitisbeeri endorsed The Shore DOM Adgato .:Committee. . 0 • Histvy and Current Status ThiSOrfejed iii4aOPearedibtheFY-2q),24).3 The -City maintains inVentuty of all itsbridgeS and eiri4it PanditiOrt, and litisaprOgrarn for .„ _ Maintenance of -&t Ong:tares 10 sustain usefu11a and idertifyi needed replaCenieritS„As,roctimmended thmtiuti ftis proCets, and further evaluated:and recorwnended by thejShore Drifie.Traesportatiert StUdy,.testier'Sridgewasinentified far 00000/00K The 1.,renSmission itt-tun'erit location.adjadentler the bridge, The Cay opritifiscit Obtain the Additibritit funding needed to relocate. thie,.4/0 under oundsnca1he TigerIV grant application WaSnet ergrroved;:and the Gitteetildnaterne to an agreement with:VDQT: and LiPorimon.VA Power :toshareirilhatristS of relocating Mini/010W transmission line undergraund.,ThiS project is. irreltrded itilhe Governor s Transportation Plan • Operating Budget Impacts ertrinVppg- Mainteriantairatespertrinefiale,Of MOW* FY2011 FY 2015 FY 2010 P12017 P12018 FY 2018, . Total Operating Budget Impac(s Total FIE () 0 0 0 12,028 12,209 0_00 - 9.00' 14_411 0.00 0430 COD Project Map Soiled i_te of Activities Project Activities From- To Artir3elit Mspectititiairid Support 07111 7:07/17 DaSkin 10105 - 07/13 Site.AquSitien. 07711 -12/12 Private Utility Adjustments 12,12 -1Y1r14 Cblittrnelion 01114 - 01117 Street Lights 01/17 -04n7 Lpndscdping 04/17 -07117 Contingencies 10/05 -9-7117 300 000 12,000,000 3,175,000 t000poa 72,461,400 900,000 284,000 9,184,006 Total Budgetary -Cost Esfirnate: 98,514,456 Means of Financing Fiscal Year 2013 -14 Funifing Srfoclass Arriount Local Funding Federal Contribution State Conti bution 4-30 13,624406 750,000 85,140,000 Total Funding: 99,514406 Quality Physical. Envipannient FY13 Final SYIP FY2013-2018 Six -Year Improvement Program Urban HAMPTON ROADS DISTRICT STREET NAME: JURISDICTION: DESCRIPTION: SCOPE OF WORK: PROJECT LENGTH: Laskin Road Virginia Beach FROM: 0.080 km East of Gay Drive TO: 0.188 km West of Red Robin Road (0.3570 KM) Utilities 0.3570 KM REQUIRED ALLOCATIONS (000's) ESTIMATED COST (000's) PE RW CN 5,100 TO 5,100 FY2013 Fund Sources Prev. AIIoc FY2013 FY2014 FY2015 FY2016 FY2017 FY2018 REQ'D AFTER 2018 Federal STP: Federal Local Project Contributions: Local Match Soft Match: Federal Urban Formula: Federal Urban Formula: State Match 0 8 0 320 72 3,760 0 940 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total 400 4,700 0 0 0 0 0 0 ............ STREET NAME: JURISDICTION: DESCRIPTION: • SCOPE OF WORK: PROJECT LENGTH: Shore Drive Virginia Beach FROM: E Stratford Rd TO: Vista Circle (0.5900 MI) Bridge Replacement w/o Added Capacity 0.5900 MI REQUIRED ALLOCATIONS (000's) ESTIMATED COST (000's) SCHEDULE PE RW 18,695 Underway CN 82,062 FY2013 TO 100,757 IREQ'D AFTER Fund Sources Prev. AIIoc FY2013 FY2014 FY2015 FY2016 FY2017 FY2018 2018 Bond Proceeds: CPR Bonds Demonstration Funds: Federal 40,000 30,000 14,140 750 0 0 0 0 0 0 0 0 0 0 Total 40,750 30,000 14,140 0 0 0 0 15,867 STREET NAME: JURISDICTION: DESCRIPTION: Shore Drive Virginia Beach SCOPE OF WORK: PROJECT LENGTH: 1.3000 MI REQUIRED ALLOCATIONS (000's) ew:Prole+ct ESTIMATED COST (000's) SCHEDULE N/A N/A FY2014 PE RW CN TO 700 1,484 10,813 12,997 Fund Sources Prev. Alkoc FY2013 FY2014 FY2015 FY2016 FY2017 FY2018 REQ'D AFTER 2018 Revenue Sharing Funds: Local Match Revenue Sharing Funds: State Match 0 5,000 0 0 0 0 0 0 5,000 0 0 0 0 0 Total 0 10,000 0 0 0 0 0 2,997 06/20/2012 367 FY14 FINAL FY2014-2019 Six -Year Improvement Program Urban HAMPTON ROADS DISTRICT STREET NAME: JURISDICTION: DESCRIPTION: RE UN.DER.YNNHAVEN iNLE Laskin Road Virginia Beach FROM: Gay Drive TO: 0.104 Miles West of Red Robin Road (0.2460 MI) SCOPE OF WORK: Utilities PROJECT LENGTH: 0.2460 MI REQUIRED ALLOCATIONS (000's) ESTIMATED COST (000's) PE RW CN 5,624 TO 5,624 onittia. SCHEDULE Underway Fund Sources Prev.Alloc FY2014 FY2015 FY2016 FY2017 FY2018 FY2019 RECTO AFTER 2019 Accounts Receivable: Local Local Project Contributions: Urban - Local Match NHPP: Statewide - Federal 3,112 NHPP: Statewide - Soft Match 778 1,333 0 0 0 0 0 0 8 0 0 0 0 0 0 Urban Formula: Federal Urban Formula: State Match 320 72 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total 5,624 0 0 0 0 0 0 0 STREET NAME: JURISDICTION: DESCRIPTION: SCOPE OF WORK: PROJECT LENGTH: Shore Drive Virginia Beach FROM: E Stratford Rd TO: Vista Circle (0.5900 MI) Bridge Replacement w/o Added Capacity 0.5900 MI REQUIRED ALLOCATIONS (000's) ESTIMATED COST (000's) PE RW CN TO 4,638 82,839 87,478 SCHEDULE Underway FY2014 Fund Sources Prev.Alloc FY2014 FY2015 FY2016 FY2017 FY2018 FY2019 REQ'D AFTER 2019 Bond Proceeds: CPR Bonds CTB Formula: Bridge - State Demonstration Funds: Federal NI -IPP: Statewide - Federal NHPP: Statewide - Soft Match 28,699 14,140 0 0 0 0 750 0 0 0 4,973 8,363 0 1,243 2,091 0 0 0 0 13,000 14,220 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total 29,449 20,356 10,453 0 13,000 14,220 0 0 STREET NAME: JURISDICTION: DESCRIPTION: Shore Drive Virginia Beach FROM: Vista Circle TO: Croix Dr. (1.3000 MI) SCOPE OF WORK: PROJECT LENGTH: 1.3000 MI REQUIRED ALLOCATIONS (000's) ESTIMATED COST (000's) PE RW CN 10,813 FY2014 TO 10,813 SCHEDULE Fund Sources Prev. Moe FY2014 FY2015 FY2016 FY2017 FY2018 FY2019 REQ'D AFTER 2019 Local Project Contributions: Local Revenue Sharing Funds: Local Match Revenue Sharing Funds: State Match 813 5,000 5,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total 10,813 376 06/19/2013 -52- Item-VI-J.9a/b/c/d ORDINANCES/RESOLUTIONS ITEM #63031 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and APPROPRIATE.: a. $282,484 from the Commonwealth's Attorney to fund the Court Costs and Fines Collection staffing for the City Treasurer b. $45,750 from the Department of Criminal Justice Services through the Federal Byrne Justice Assistance Grant program re Year Two of the Four Year Grant in the Juvenile Probation Program c. $14,250 from the Development Authority's proceeds of their Business Appreciation Charity Golf Classic and Reception to be donated, equally, to a) Square One, b) the Global Studies and World Language Academy at Tallwood High School and the c) Virginia Beach Public Schools STEM Robotic Challenge d. $32,185 from the Four -for -Life program for the purchase of Two -Tone Voice Pagers for EMS with a $32,186 local match from the General Fund Reserve for Contingencies Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 13, 2013 1 ORDINANCE TO APPROPRIATE FUNDING 2 AND APPROVE STAFFING IN THE OFFICE 3 OF THE CITY TREASURER FOR COURT 4 COSTS AND FINES COLLECTIONS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1) That $282,484 is hereby appropriated, with local revenue increased accordingly, to 10 the FY 2013-14 Operating Budget of the City Treasurer to implement a collection 11 program of court costs and fines; and 2) That the total authorized FTE's in the City Treasurer's FY 2013-14 Operating Budget be increased by 4.0 from 70.83 to 74.83. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of August , 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Manage rrrbnt Services City Attpr. APPROVED AS TO LEGAL SUFFICIENCY: CA -12708 R-2 August 1, 2013 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE GRANT FUNDS FOR YEAR 3 TWO OF THE SYSTEM EVALUATION 4 GRANT FROM THE FEDERAL BYRNE 5 JUSTICE ASSISTANCE GRANT PROGRAM 6 AND TRANSFER FUNDS FOR A 7 REQUIRED MATCH 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 1. That $45,750 in federal grant funding is hereby accepted from the 13 Department of Criminal Justice Services through the Byrne Justice Assistance Grant 14 Program and appropriated, with estimated federal revenues increased accordingly, to 15 the FY 2013-14 Operating Budget of Juvenile Probation for purposes of continuing work 16 with consultants in year two of a four year grant in order to meet a variety of objectives 17 resulting from the evaluation conducted in year one of the grant; and 18 19 2. That $15,250 is available in the FY 2013-14 Operating Budget of Juvenile 20 Probation and is hereby transferred within such budget for the required match. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day ofAugust , 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA12696 R-1 July 18, 2013 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 RESULTING FROM THE SIXTH ANNUAL VIRGINIA BEACH 3 BUSINESS APPRECIATION CHARITY GOLF CLASSIC 4 AND NETWORKING RECEPTION, AND TO AUTHORIZE A 5 DONATION 6 7 WHEREAS, on May 3, 2013 , the Virginia Beach Development Authority and the 8 Department of Economic Development hosted the sixth annual Virginia Beach Business 9 Appreciation Charity Golf Classic and Networking Reception at the Virginia Beach 10 National Golf Club, which generated $14,250 that can be donated to local charitable 11 programs. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA, THAT: 15 16 1. $14,250 is hereby accepted and appropriated from the proceeds generated by 17 the sixth annual Virginia Beach Business Appreciation Charity Golf Classic and 18 Networking Reception held on May 3, 2013 at Virginia Beach National Golf Club to the 19 FY 2013-14 Operating Budget of the Department of Economic Development, with 20 estimated revenues increased accordingly, for purposes of donation to local charitable 21 programs; and 22 23 2. $14,250 will be donated, in the amount of $4,750 each, to the following three 24 organizations: Square One, Tallwood High School (for its Global Studies and World 25 Languages Academy), and Virginia Beach City Public Schools (for its STEM Robotic 26 Challenge). Adopted by the Council of the City of Virginia Beach, Virginia, on the 13thday of August , 2013. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: l Manage ent ervices City Atior "iefe CA12662 R-3 July 31, 2013 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO THE FY 2013-14 OPERATING 3 BUDGET OF THE DEPARTMENT OF EMERGENCY 4 MEDICAL SERIVCES FOR THE PURCHASE OF 5 TWO-TONE VOICE PAGERS AND TO TRANSFER 6 FUNDS 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA THAT: 10 11 1) $32,185 is hereby accepted from the Virginia Department of Health, Office 12 of Emergency Medical Services and appropriated, with estimated state revenues 13 increased accordingly, to the FY 2013-14 Operating Budget of the Department of 14 Emergency Medical Services for costs of 120 Two -Tone Voice Pagers and related 15 accessories; and 16 17 2) $32,186 is hereby transferred from the General Fund Reserve for 18 Contingencies to the FY 2013-14 Operating Budget of the Department of Emergency 19 Medical Services to provide the local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of August , 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Manage nt ervices CA12701 R-1 July 24, 2013 1 Item -VI-K PLANNING 1. LEBO ENTERPRISES, INC. -53- ITEM #63032 2. VIRGINIA GENTLEMEN FOUNDATION/ CITY OF VIRGINIA BEACH 3. CYNTHIA TECHERIA 4. LINDA GEISEL-MACHUZAK 5. CINDY HUNTINGTON 6. ALL SAINTS EPISCOPAL CHURCH CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT August 13, 2013 -54 - Item -VI-K PLANNING ITEM #63033 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 3, 4, 5 and 6 of the PLANNING AGENDA. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 13, 2013 -55- Item-VI-K.1 PLANNING ITEM #63034 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/ CONDITIONED, BY CONSENT, Application of LEBO ENTERPRISES, INC. for a Conditional Use Permit re a Bulk Storage Yard and Auto Repair Garage at 77 South First Colonial Road DISTRICT 6 - BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of LEBO ENTERPRISES, INC. for a Conditional Use Permit re a Bulk Storage Yard and Auto Repair Garage at 77 South First Colonial Road (GPIN 2407749885) DISTRICT 6 - BEACH The following conditions shall be required: 1. The storage yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening and Buffering Specifications and Standards for the City of Virginia Beach. 2. All motor vehicle repairs shall take place inside the building. 3. No outside storage of equipment, parts or materials shall be permitted unless located within the fenced Bulk Storage Yard. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted unless located within the fenced Bulk Storage Yard. 5. No tires for sale, merchandise or parts shall be displayed or stored outside. 6. Any lighting for the Storage Yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height of fifteen (1 5) feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth day of August, Two Thousand Thirteen August 13, 2013 -56- Item -VI-K.1 PLANNING ITEM #63034 (Continued) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 13, 2013 -57 - Item —VI -K.2 PLANNING ITEM #63035 The following individuals registered to speak: R.J. Nutter, Attorney for Applicant, advised the Applicant has continued reaching out to the neighbors and developed a website that is updated every two weeks since the last City Council meeting. The Applicant agreed not to develop a specific portion of the property, remove the paint ball activity, modift hours of operation and the lighting on the Camp to ensure the least impact on neighborhoods. Ross Vierra, 2216 Devore Court, Phone: 470-2068, Chairman, Virginia Gentleman's Foundation, spoke in SUPPORT. Mr. Vierra advised the Foundation has complied with City Council's request to continue working with the neighborhood and will continue to do so in hopes of resolving any remaining or future concerns. Renee Bradshaw, 1088 Tree Fern Drive, Phone: 422-6584, President of Birdneck Lake Home Owner's Association, spoke in opposition to this project. She advised the trail system is 440 feet from homes and requested the Applicant include a 300 foot buffer. Ms. Bradshaw advised if this project moves forward, the Home Owner's Association will seek legal advice in order to protect Birdneck Lake. Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council APPROVED/ CONDITIONED, AS MODIFIED, Application of VIRGINIA GENTLEMEN FOUNDATION/CITY OF VIRGINIA BEACH for a Conditional Use Permit re outdoor recreation at 1000 Prosperity Road DISTRICT 6 - BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of VIRGINIA GENTLEMEN FOUNDATION/CITY OF VIRGINIA BEACH for a Conditional Use Permit re outdoor recreation at 1000 Prosperity Road (GPIN 2416708636) DISTRICT 6 - BEACH The following conditions shall be required: I. Except as modified by any other condition below or as necessary during Development Site Plan Review, the site shall be developed substantially as shown on the submitted Site Plans, entitled "Conceptual Master Plan, JT's Camp Grom, Virginia Gentlemen Foundation" and "Phase 1 Site Concept, JT's Camp Grom, Virginia Gentlemen Foundation," prepared by WPL Landscape Architects and Clark Nexsen, and dated June 21, 2013. 2. There shall be no outdoor paintball games on any portion of the property. 3. Organized outdoor Camp activities shall not commence prior to 7:00 A.M. and shall cease by 10:00 P.M. 4. Lighting for the site shall consist of "cut-off style fixtures" directed downward and shielded to avoid light spillover beyond the property. August 13, 2013 -58- Item —VI -K.2 PLANNING ITEM #63035 (Continued) 5. All activity and structures within the areas identified and confirmed as Non -Tidal Wetlands shall be conducted and constructed consistent with the appropriate regulatory standards and guidance. 6. All recreational structures (such as the ropes course and zip line) shall be designed and certified by the appropriate professionals that specialize in such structures. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth day of August, Two Thousand Thirteen Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 13, 2013 -59 - Item -VI-K.3 PLANNING ITEM #63036 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of CYNTHIA TECHERIA for a Conditional Use Permit re Family Child Daycare at 3309 Maverick Street DISTRICT 6 - BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CYNTHIA TECHERIA for a Conditional Use Permit re Family Child Daycare at 3309 Maverick Street (GPIN 1487921225) DISTRICT 6 - BEACH The following conditions shall be required: 1. The Home Daycare shall be limited to a total of twelve (12) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday, 6:00 A.M. to 6:00 P.M. 3. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Daycare Home at any one time. 4. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 5. A sign, no greater than one (1) square foot in size, identjing the Daycare Home, may be installed on the house. 6. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family Daycare Home. 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 Thirteenth day of August, Two Thousand Thirteen August 13, 2013 -60 - Item -VI-K.3 PLANNING ITEM #63036(Continued) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 13, 2013 I I ' -61- Item -VI-K.4 PLANNING ITEM #63037 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of LINDA GEISEL-MACHUZAK for a Conditional Use Permit re Family Child Daycare at 257 Citation Drive DISTRICT 2 - KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of LINDA GEISEL-MACHUZAK for a Conditional Use Permit re Family Child Daycare at 257 Citation Drive (GPIN 1467211225) DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. The Family (Child) Daycare Home shall be limited to a total of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. 2. Hours of operation shall be limited to Monday through Friday, 6:00 A.M. to 7:00 P.M. 3. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Daycare Home at any one time. 4. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 5. A sign, no greater than one square foot in size, identfing the Home Daycare may be installed on the house. 6. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Conditional Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family Daycare Home. 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 Thirteenth day of August, Two Thousand Thirteen August 13, 2013 -62- Item -VI-K4 PLANNING ITEM #6303 7(Continued) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 13, 2013 -63 - Item -VI-K5 PLANNING ITEM #63038 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of CINDY HUNTINGTON for a Conditional Use Permit re Family Child Daycare at 2313 Enchanted Forest Way DISTRICT 3 — ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CINDY HUNTINGTON for a Conditional Use Permit re Family Child Daycare at 2313 Enchanted Forest Way (GPIN 1495949095) DISTRICT 3 — ROSE HALL The following condition shall be required. 1. The Family (Child) Daycare Home shall be limited to a total of twelve (12) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday, 6:00 A.M. to 6.:00 P.M. 3. No more than one (1) person, other than the applicant, shall assist with the operation of the Family (Child) Daycare Home at any one time. 4. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 5. A sign, no greater than one (1) square foot in size, identifying the Daycare Home, may be installed on the house. 6. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family (Child) Daycare Home. 8. All barrier requirements established by the Virginia Administrative Code and Virginia Department of Social Services pertaining to the pool, outdoor play area and driveway shall be met. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth day of August, Two Thousand Thirteen August 13, 2013 -64- Item -VI-KS PLANNING ITEM #63038(Continued) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 13, 2013 -65- Item -VI-K6 PLANNING ITEM #63039 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of ALL SAINTS EPISCOPAL CHURCH for a Conditional Use Permit re a Columbarium at 1969 Woodside Lane DISTRICT 5 - LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of ALL SAINTS EPISCOPAL CHURCH for a Conditional Use Permit re a Columbarium at 1969 Woodside Lane (GPIN 1499365891) DISTRICT 5 - LYNNHAVEN The following condition shall be required: 1. The location of the Columbarium shall be limited to that hand -drawn on the submitted partial topography survey which has been exhibited to the City Council and is on file in the Planning Department. 2. The Columbarium walls shall complement the exterior building materials of the existing church in color and material. The walls shall be substantially in conformance with the "Front Elevation" and "Section" pages entitled "All Saints' Columbarium" prepared by Snow Jr. & King, Inc. which have been exhibited to the City Council and on file in the Planning Department. 3. Grading and drainage plans for the Columbarium shall be submitted to and approved by the Development Service Center prior to development. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth day of August, Two Thousand Thirteen August 13, 2013 I -66- Item -VI-K.6 PLANNING ITEM #63039(Continued) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 13, 2013 I -67- ITEM VI -L APPOINTMENTS ITEM #63040 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HEALTH SERVICES ADVISORY BOARD PUBLIC LIBRARY BOARD REVIEW and ALLOCATION— COG August 13, 2013 -68 - ITEM VI -L APPOINTMENTS ITEM #63041 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: RAJEEB ISLAM Three Year Term - 03/31/14 - 03/31/17 NATASHA DHAMANKAR Junior — Princess Anne High School Two Year Term - 09/01/13 - 08/31/15 ALEXANDER LICHACZ Senior — Cox High School One Year Term - 09/01/13 — 8/31/14 HUMAN RIGHTS COMMISSION Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 13, 2013 -69 - ITEM VI -L APPOINTMENTS ITEM #63042 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: G. GARLAND PAYNE BETTY L. WARREN Three Year Term - 09/01/13 — 8/31/16 and APPOINTED: TANNER ROUGHTON Student — Princess Anne High School Two Year Term - 09/01/13 — 06/30/15 PARKS AND RECREATION COMMISSION Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 13, 2013 -70 - ITEM VI -L APPOINTMENTS ITEM #63043 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: BECKY CHALMERS Unexpired Term Thru 06/30/15 TIDEWATER COMMUNITY COLLEGE BOARD Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 13, 2013 -71 - ITEM VI -L APPOINTMENTS ITEM #63044 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: ROBERT WHITE, JR. Three Year Term — 08/13/13 — 02/28/16 TRANSITIONAREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 13, 2013 -72 - ITEM VI -L APPOINTMENTS ITEM #63045 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: JILL GREENBERG EYLER Unexpired Term Thru 12/31/15 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 13, 2013 -73 - Item -VI-P ADJOURNMENT ITEM #63046 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 7:04 P.M. .iiv,(1/1/A41-4/ Amanda Finley -Barnes, CMC Chief Deputy City Clerk th Hodges raser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia August 13, 2013 I -74- PUBLIC DIALOGUE Jimmy Frost, 2240 Windom Place, Phone: 343-6768, is pleased with the Public Art located at Laskin Road and stated the Statue is perfect for this location. Also, Mr. Frost expressed concern regarding the recently popular Chinese lanterns that are lit and released. Mr. Frost is concerned these are a fire hazard and requested the City to outlaw this type of lantern immediately. The PUBLIC DIALOGUE re Non -Agenda Items concluded at 7:06 P.M. August 13, 2013