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SEPTEMBER 16, 2014 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR W/LL/AM D. SESSOMS, JR., At Lnrge V/CE MAYOR LOU/S R. JONES, Bavside - District 4 ROBERT M. DY'ER, Centervi[[e - District 1 BARBARA M. HENLEY, Pr•incess Amie - Dish-rct 7 SHANNON DS KANE, Rose Hall - Dish-ict 3 BRAD MARTIN, P.E., A! Large JOHND.MOSS, At Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Bendi - Drstrict 6 ROSEMARY W/LSON, At Large JAMES L. WOOD, Lvnnhnveii -Dish•ict S CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE C/TYATTORNEY- MARK D. ST/LES ClTYASSESSOR - JERALD D. BANAGAN C/TY A UD/TOR - L YNDON S. REMIAS CITY CLERK - RUTH HODGES AASER, MMC CITY COUNCIL AGENDA 16 SEPTEMBER 2014 MAYOR WILLIAM D. SESSOMS, JR. PRESIDING CITYHALL BUlLD 2401 COURTHOUSEDF VIRGINIA BEACH, VIRGINIA 23456-5 PHONE: (757) 385-, FAX (757) 385-_ E- MAIL: Crycncl@vbgov. 1. CITY COUNCIL BRIEFINGS - Conference Room - 4:00 PM A. VIRGINIA BEACH DEVELOPMENT AUTHORITY ANNUAL REPORT Elizabeth A. Twohy, Chair B. LYNNHAVEN AQUACULTURE CENTER Karen Forget, Executive Director Lynnhaven River NOW Alan Gonyo, P.E., Langley & McDonald, Inc. II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL 5:00 PM C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Wayne Rickman Senior Pastor Saint Andrews United Methodist Church C. PLEDGE OF ALLEGIANCE D. ROLL CALL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING 1. 2015 Legislative Agenda to the Virginia General Assembly 1. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 18-108 re temporary and transient businesses b. Section 2-105 re Re-Employment c. Sections re Southern Watersheds Management Ordinance 1. 1, 2, 3, 5, 7, 9, 11, 12 and 14 re various references 2. 8-31 re Permit Fees 3. 23-50 re Excessive Growth 4. 30-78 re Erosion and Sediment Control 5. Appendix D, Sec 1-6, re Technical Criteria 6. Appendix K, Sec 4.10, 6.3 and 6.4, re the Floodplain September 2, 2014 2. Ordinance to CARRY FORWARD and APPROPRIATE previously approved funding in the FY 2013-14 Budget: a. $813,045 to the General Fund b. $160,543 to the DEA Seized Property Special Revenue Fund 3. Resolution to ESTABLISH a Domestic Violence Fatality Review Team to be appointed by City Council and annually report to the Council 4. Resolution to APPROVE a contract between the Community Services Board and the Commonwealth of Virginia re mental health, retardation and substance abuse 5. Resolution to AUTHORIZE the Establishment of Robbie's Ambulance Service with an annual EMS Permit re private ambulance services 6. Ordinance to AUTHORIZE temporary encroachments into portions of City property for Michael and Lynda Tubridy re an existing walk and to construct and maintain a vinyl fence and landscaping adjacent to 205 Aqua Lane DISTRICT 6 - BEACH 7. Ordinance to TRANSFER $56,000 to the Sheriff's FY 2013-14 Operating Budget re excess expenditures and encumbrances J. PLANNING 1. Application of FIVE DOG NIGHT, LLC. for a Floodplain Variance and Modification of Conditions of a Conditional Use Permit (approved February 22, 2005 ) re a Veterinary office and Care Center at 1515 Drakesmile Road (Deferred from July 9, 2014) DISTRICT 3 - ROSE HALL RECOMMENDATION: APPROVAL 2. Application of TODD SWEIGART and MICHELE MATTIOLI for an Enlargement of a Non- Conforming Use at 5000 Atlantic Avenue DISTRICT 5 - LYNNHAVEN RECOMMENDATION: APPROVAL 3. Application of COASTAL BUILDING GROUP, LLC for a Special Exception for Alternative Compliance re Form-Based Code in the Oceanfront Resort District at 520 21St Street DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 4. Application of CAROLI'N LATIOLAIS for a Conditional Use Permit re truck and trailer rentals at 1209 Baker Road DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL 5. Application of 30 WEST PERSHING, LLC/58t" STREET WAREHOUSE, LLC for a Conditional Use Permit re an outdoor recreation facility at Greenwich Road and I-264 DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL 6. Application of VERIZON WIRELESS for a Conditional Use Permit re a communication tower at 2185 Recreation Drive DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 7. Application of VIRGINIA SEAGULL TRAVEL BUS, INC for a Conditional Use Permit re a transportation terminal at 649 Newtown Road DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL 8. Application of PAUL BRADLEY dba BRADLEY MARINE, LLC for a Conditional Use Permit re boat repair and bulk storage at 588B Central Drive DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 9. Application of PRINCESSBORO DEVELOPMENT for a Conditional Change of Zoning from. AG-2 Agricultural to Conditional B-2 Community Business at 1901 Sandbridge Road re a retail landscape and garden center (Deferred August 19, 2014) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: K. APPOINTMENTS APPROVAL BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *******??******************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 **********?*?***********?*?*** CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/T'HIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS - 4: 00-6: 00 PM CITY COUNCIL WINTER RETREAT Economic Development Conference Room Town Center Suite 700, 4525 Main Street February 5-6, 2015 8:30 AM to S: 00 PM 2 014 CITYHOLIDAYS F'eterunS I}uy - 7uescdcib', N«vcmber IT T'hanksaiving f3ci.t' and Duti- erf'tet• Tftaiaksgivitzg - T7zrrrsclrcv, Navenaber 27 arrcl Fr-iduv. ,Vouember 28 Christmas Eve (hadf-*clati) - Wedrzescluy, Der.ember• 24 Claristmas Day - 'lhrrrsdig, Dc=ceratbef 25 -1- - a, z VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 16, 2014 Mayor William D. Sessoms, Jr., called to order City Council's Inforrrial Session, in the City Council Conference Room, Tuesday, September 16, 2014, at 4: 00 P.M. Council Members Present.• Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: John D. Moss Ill but hoping to attend FoYmal Session Rosemary Wilson Out of the Country on family vacation September 16, 2014 -2- CITY CO UNCIL BRIEFINGS VIRGINIA BEA CH DE VEL OPMENT A UTHORITY ANNUAL REPORT ITEM #64128 4: 00 P.M. Mayor Sessoms welcomed Elizabeth A. Twohy, Chair of the Virginia Beach Development Authority. Ms. Twohy expressed her appreciation on behalf of the Development Authority and announced her excitement to report the economic development successes for 2014. Ms. Twohy advised the Annual Report entitled "ZAUNCH Virginia Beach" was coordinated by Shewling Moy and Bryan Cuffee. The title is appropriate as the City is bustling with opportunity. The City is at a tipping point, exploding with opportunities for increased economic development. City Council has charged the Development Authority to expand the City's tax base and cYeate new jobs for residents: The Ciry's Economic Development Department, led by Warren Harris and his team of professionals, has pushed the City forward. As a result, the Authority met is 2014 goals with fifty (SO) new projects bringing in $111-Million in new capital development and investments resulting in the retention of 1,200 existing jobs and the creation of 940 new opportunities for Citizens: YIRGINIA BEACH BUSINESSES INYESTED ? ? P?o MILLION ? 2 ?' ! ?I}2O0 ?H 106S RETAINED ExPaNSiarvs ( • • 50 ? "E'"PR°'' ?V : 940 CREATED ANNOUNCE6 ? 24 : Sa FT NEW LOCATlOVS i QF NC+NAND EXISTING CCMMERGIAL aPACE 2 -3- CITY CO UNCIL BRIEFINGS VIRGINIA BEACH DEVELOPMENT AUTHORITY ANNUAL REPORT ITEM #64128 (Continued) In today's economy, a shotgun approach to econon2ic development cannot succeed. WaYren Harris and his Team have identified specific target industry clusters which serve as "Launch" points for the City's economic development activities. Today's Briefing will highlight a few of the Authority's 2014 targeted successes: The first target, Office and Professional Services, saw realized growth with the expansion of Liberty Tax at Corporate Landing, Olympia Development at Convergence Center and several other new office expansions throughout the City: OFFICE/PROFESSIONAL SERVICES • Liberty Tax 3ervices corpo;ate hea-dquarters - 3_5 acres purchased; 25,000 sf expa?sion, 73 iaew jebs • pfympia Devel3pmeni began eonstruction of neUV office buiiding and parking y2rage - $i i millicr irves;mFnt, 50,000 5` expansior • Advanced Eny;neering Cansultants (AEC) openoC recronai headquarters - 12 new toDs • Construc:ion o± nesl c1`ice tovrer in. Town Cenic! completz - 213000 sf • The FranKl(n Johns:no G; aue ;elacted th2 Sidn2y Keliam Building for corporffi? headquzrtc+s 4 September 16, 2014 -4- CITY COUNCIL BRIEFINGS VIRGINIA BEACH DEVELOPMENT A UTHORITY ANNUAL REPORT ITEM #64128 (Continued) Ms. Twohy stated one sector, near and dear to her, is Manufacturing. Manufacturing accounted for 20% of the announced projects in 2014. The City was recognized by Forbes Magazine as "A Manufacturing Boom Town" and ranked among the top 7 cities for manufacturing growth which equates to jobs. Ms. Twohy and the entire Authority applaud the City Council and the City's leadership for their efforts. With the elimiraation of the City's Machifiery and Tool Tax, it has provided the City a strong competitive advantage for attracting global manufacturing projects: ## MANUFACTURING Caneda Meiai (Pdcifio) Lttl, anncunc;ed plans to aRZn ffrst U.S. manurac`uring faaiify here - 53 mil(ion investrnent. 70 ntv+jobs PRUFREX USA brok2 ground on new faclli+.y 4u eleet greafer-ihan-axpected gro4?lh projeaiuns - 20,000 sf Eagie ladustries leasea ma.nufacturing soace- 77.009 sf Forbes exagazine named Virginia Beach a"Mai7uVaciurin3 Boomtcrm` Staff 2ttended fpiluwing: ? 2, }4 HEnr o hl?.:_e int t ...-:ad' Fr - Hzni _. .mar=y mPUSlta 1 C I.nJo. !''L Cu? ::..J.. r?-::? ?.. , i nea ry .. ? ... The Bio/Life Sciences sector offers unlimited growth potential for the Ciry. The Princess Anne CorridoY has become the hub for Bio Science and Development. Recently, Children's Hospital of the Kings Daughter (CHKD) and Urology of Virginia have announced expansion projects. Also Operation Smile opened their Global Headquarters. At the direction of Mayor Sessoms, the City formed the Bio Science Task Force, led by Tom Frantz. This is another "Zaunch " that will push the City forrvard in identifying technologies that will save lives and create jobs for Citizens: ?- ?" ? BIOlLIFE SCIENCES thl're s H prtaloftl ':p D'au ?_-e_ ? plansf e edcaif.c:hi; 25 Iior? ? ?vestm..i "OCO" sf ? i'.S m II n, ?-DDO s{ OPerato S: leopendtheirnewFlobA I k ua, ercabl-sliec? nc r i S ' ? t ? e. ? .yo ?-: llt} Lo ; eng,,C,?I a_ an consuliam f.; thr ?ie?, r+?,?enYS bio Life Suen<es ? "? program r . `, o- ' )IaNJtt?'tde(Ifollu"lltg: ej >^ H . r +, r,ne-ecai - rdea st?ow - F? J 6 w, W^.. -5- CITY CO UNCIL BRIEFINGS VIRGINIA BEACH DEVELOPMENT A UTHORITY ANNUAL REPORT ITEM #64128 (Continued) Technology is such an important sector and ever-changing and dynamic. This sector is growing and the Authority recognizes its importance in sustaining the City's young workforce. It's no coincidence that the Region is among America's Top 10 Metro Areas for attracting this Millennial demographic and for having one of the nation's strongest hidden STEMEconomies: dd!TECHNOLOGY JES!KBH Business tvfanaqemant Systems plans for expanslon and relocatlon ofi headquarters -45.000 sf, 33 neN jpbs 360IT Partners expanded headquarters - 2,000 s{: 5 new job? Thundnrpon:e Studios video & music prqduc.ion corr.panp- 6,500 sf, 5 new jobs EnourUge IT recognizeci as one af ihe Best Places to Wnrk n2013 and named the Ftampton Roads Cnamkaer,'014 Small Business oi:he 1'ear City creaied s task #orce [o develcp a Cyber 5ecurity Cenker of Excellence for Virginia Beach Staff attended foiiowingi , CcBF int?rn?tiori?l lechnology irn<ke Fslr- Dusssidoif. Gennany _ Capltr%'. Hill lvicclefing & Sinmlatlon Enpa - hinGtan. DC , h;cU-S1m 4Vc,dtl G?nPsrence axid Tiade Shp•x- I-i%?mptoax. VA Maritime and Logistics are critical parts of the heritage as a City and Region. The Ports are strong and the City is committed to working with our Region and State partners in an effort to support all port related activities: yy' MARITIME & LOGISTICS • Artemis Global Legistlcs & Solutiar.s infemaCional iacility - 20,000 sf and 12 newjcbs - Fft& Sciutions LLG first Hanrp;on heads facility-28,UOG sf • Lirdab, a Swecisn manu`acturer of hu,lding systenns, oper3ed ttieir U.S_ sales. & disfr:bution headauarers • Grand Eurritfure add;tluna, warehouss & distnbu:lon space-43,60u sf September 16, 2014 -6- CITY COUNCIL BRIEFINGS VIRGINIA BEACH DEVELOPMENT A UTHORITY ANNLIAL REPORT ITEM #64128 (Continued) Defense and Government CofitYacting remain critical job creation engines foY the City. This sector is going through a lot of change and we continue to see opportunities for diversification and innovation for these companies. Created in 2008, MEDAC is a tremendous resource for the City with the Department of Defense (DOD) and government-related activities. This includes Workforce Development opportunities for exiting Military members. The City has a large number of Military retirees and we need to focus on efforts to retain these individuals: DEFENSEIGOVERNMENT CONTRACTING • Atlas Nort3? Arric,rir,E V.S. heciuqu?liv;is -5 nc+wjuhN'. $7 5 irillion h;"stment • kllianf 7ech5v?'+iems, Inc., -6000 sf • PeRn2[ed wiih tne Vc?Piu Nrohote Ihe "GOing Globel Defense Inifiative" • Staf; attende? 4oilowinq: F . _ q «=cn -1r'?N E ??L;4 td::..,hc'•: -Sa; ?is9o. E AI ,..c t.- ,c -1o-2irc-Ah. 'ik _ ?YvIL-Fl.y 'f[!:o'?Y -JOin? ?u ? t i.lz C uk Y. rf N2y d t a(; ;rt; .., .;ash9-a?. LK 9 The Retail Sector is alive and well. In 2014, the Authority and staff answered the call from retailers looking for their first location in the City. Town Center is booming, Lynnhaven Mall is launching another growth stage, the renovations for Pembroke Mall are all but complete and, of course, the Resort is thriving: ? t c?? LL ?as" .. , Im- RETAIL • Ovc.r 3-5,00J sf of street-IevF:l retail s(;ace IF.useci [n Town Center by fimt natiunai retallers. r.;bck, .. Frs?ec}?IE ., F..a .,.h .: Czner2l Gior2L Prop rtie t. yhn w rk on 4- s;ontl st?ge ?f + m,LOn qclP, infenor ienovakion af Lynnha,en CAali -:taff ativrded .ne It;SC ReCon TrX,ie Show - La? Jegas.NV 10 I _J September 16, 2014 -7- CITY COUNCIL BRIEFINGS VIRGINIA BEACH DEVELOPMENT AUTHORITY ANNUAL REPORT ITEM #64128 (Continued) Strong Cities need diversity and our City understands the need to reach out and support its small and Minority Business communities. This year, 87% of awar-ds were earned by small companies, including eight (8) SWAM Certified Businesses. The Authority provided $10-Thousand to the Small Business Development Center of Hampton Roads which leveraged support for matching funds from the United States Small Business Administration: SWaM ? h1ore th2n 87°, of announced projects ir. FY201 3-2014 rrcni srna!I cnnipanies i, 50jobs; s+ announcements hoin ceitified SSYaM c mpanies - 66 new jobc and 84.6 mililcn in rewImestment ' . VBDA ccnilnued to provide 510,000 in furding for m2nagement, teohnic2l and othe; asssiance afrer2d through S5DC • SBDC pravidrd r.sslstance t.n 69 olients from Vlrainie G=ach In 2073 Attendance at verious trair;ing events in ViIginia 5each roceto I£3 Initiated a 5mali Business Menlori7a Pregram for Virqinia Beach companies, partners include: ODE7, NSU, Recen1 University and Entrepreneurs Orgarization of Southeast Virginia The City's Economic Development Department launched several initiatives in support of small business and entrepreneurs, including development of a Small Business Mentoring Partnership between the City and Regent, Old Dominion and Norfolk State Universities and launched a Small Business Workshop Series: SWaM • Partnered vitF Keufrnar: & Canoies. Pilot Media and BB&T Bank to devalnp y=a;-long serles of 14 f,ee workshops fQ:smaii bi.s+ness ovvnars at , ?ne ATC VR- BED co-hosted SNIaM 6usiness Forum rJith CouncilmemberAmelia Ross-Nammond to cpnnec? SirJaM husmesses directly with farge establi>hed eompanies SCORE providea cbur,seGng to nearly 400 srr:2il businesses oui of ihe Virginia Beach Economle DeveloGment of5ces ?usdH :f r1aNMf C> aM:7.vG .1.1". FASTEST-GROWI NG IN AMERICA ARt IQC?T'cLlitv?iR' .d=- 4??:kCH 12 September 16, 2014 -8- CITY COUNCIL BRIEFINGS VIRGINIA BEACH DEVELOPMENT A UTHORITY ANNUAL REPORT ITEM #64128 (ContiiZUed) The City launched "YES Oceana " in 2006 This is szow an award winning success story. YES it is true, in the City our local government and the Military are partners. The City's leadership has set the tone as we work, live and grow together: YES OCEANA ? • pvarded W1.8 millicn in EDIP . granfs for proiects under the YesOceana pragrain • RedeveloumRnt of Virgmia 8each Bnui 4 r' corudor An ? Air 51 1 c n tcraq - f-n.,io?? I r?r .. . 8cui',w3rd7 - ?4 mill'icn invE6ient, I1,400sf i;su ?r RPPtri `., . of 9 SSb Virginm Be.cCi 0oulevard t" . E 6i - ?1ed 22 .,z. ?. f uci tric APZ t.i[stFlCt with zcquls(ton of _ondon W ? Bnd q? C. ...... - Ca;te+ a ? The Authority's top accomplishments in 2014 are `millions of dollars in success stories including, Town Center, Corporate Landing and the Cavalier Hotel.• VBDA TOP ACCOMPLISHMENTS • Opened Town Center Phase V, a$^:OS miilion pub4ic-p-irate investment • F'eissued a Request fnr Qualiiications *or fne redevelppmerf of the forrner Dome. Si±e • 501b 3.5 acres of land in Carporate Landinq Business Parh ta L.iberty Tax • Seeu-ed a$453.000 Econom(c 6evelopmer,i kccass Program grant from the Virgiriia Department of Transportaiior, for Carrmrate Lan?Jir,g 6usiress Park • 3€2 miilion arant approved far ihe prase?vation ofi the historm Cavalier Hate! • $2.9 million loan Upproved lorttie developrnent o? VanGuard Landing , • 7ra';sit(on>d from paper to digitai board mae!(ng boaks, helping staff save a projected $12,800 over tha next 4 years 14 I ? September 16, 2014 -9- CITY COUNCIL BRIEFINGS VIRGINIA BEACH DEVELOPMENT AUTHORITY ANNUAL REPORT ITEM #64128 (Continued) Van Guard Landing, Virginia Beach National Golf Course and Farm Bureau Live are other accomplishments of the Authority. All of these accomplishments translate to jobs, growth, improved quality of life for the City and its Citizens: VBDA TOP ACCOMPLISHMENTS . colP Prog-am , sea. t .-t- .'.0W. ??t .d,.. I?verage jc>^? _1, n.. .?. 'nd'or ,t2 i12 • Virainia Beach Naacral Golf -lause t , 5:IC5. N .,cai :r t. ? . . .. 5 . f ,I:?,.aV• .:ail7w_ ,. .3?.-Lu.,lr _ ?E,F..-?=? ?.nl .._... ?._.?. f .,celcl:aities • Farm oureau Live ? h .. `8?v? that n . <a,l} !??? _ :ats_thc e J?t?c-...i h ry v::t__c -.cn?ttt .la . ?:1 i*; •e?r2n c21 .? rrii(I-, n? 15 The Authority's success is a reflection of City Council 's leadership in providing clear guidelines for the future. Also key is the leadership and performance of Warren Harris and the Economic Development Staff as they target and market the City domestically and globally. It is important to note that while new business attraction and marketing gets the attention of the Press, the City's Staff understands that economic development is not an "either or" game between business attraction and retention. The Economic Development Department woYks just as hard, if not harder, in providing support to the existing business community on a daily basis as in trying to bring new business to the City: MARKETING • Mcrre than 720 airect outrr.acr, centacts wlth existtng Virqlnia Beach cv;npanies • 64 of;icial business a!tr2<:,ior7 (14 intemat(onaf & 50 (iomestic) events ouisicle ofi markei. . 8 rn .,_ , is to m-( site, seletl?an is?ilrants ., Iti-p? Plevet?is .. "-: t ad }?ows t? maikellng miss:ons ? t?`, hade enci p nfe - omal conf'e, noes ? Uiaveiled neta content-drivan +,vebsite ? Launc-^ed ine Yes Viryinia Beach App • Reieased first fnur voiumes of eE3:iok5 • Sirona soci2' media presence on Fac2DOo k 6nkedr Tv,':terandYOU7ube rria?e t"r. 1,000 iolic„roers i? ?- i ? September 16, 2014 -10- CITY COUNCIL BRIEFINGS VIRGINIA BEACH DEVELOPMENT AUTHORITY ANNUAL REPORT ITEM #64128 (Continued) It is important to mention the Economic Development's Global Outreach Program. Five (5) years ago, the City set a priority for the Authority to grow the international business footprint. Since then, the targeted marketing efforts have resulted in a 33% rise in the City's InteYnational Business SectoY and twenry (20) foreign based firms now have their U.S. HeadquaYters in the Ciry. The European Office opened this past year with the City's support and is working to ensure the City's brand competes globally: INTERNATIONAL • More than 3o international con,pinles wiih actiae bustncs: operatians • 33°ro incrsase since 2008 evher City IaEmchad dedicated ini'iative :o expand international business base • 20 Intsrnational-based firms have thelr U-S- or North Nmerican headquiar,ers here • 30°,: efi a!l orospect aciiviiy is international • First year af operatiQns for !he C'dy s curopean office in Du,seldorf, Germany generaZed 99 active ccntacts ard 13 active projec2s • Opened Virginia Beaah Trada O`f'ice in C?ioneapo, Repubfic of Phllippines 17 None of these success stories are possible without a skilled workforce to support the businesses. As leaders, City Council has continually pushed at all levels for an educated worhforce through technical, vocational and higher education. Workforce Development is about building bridges to ensure the Citizens are prepaYed for life with our without college. WORKFORCE DEVELOPMENT • MFchatronics Mayers tv7anufacturina P.oundiabie :aunched ,nitia6ve ;a increase skiUed work`orce vdifh a dual enrollment aCreement befweeri VBCPS ancJ TCC _ High se^oAI ?tudents will ncw Ye a64e ta ezrn TC. creciii iur niechahoiiec-related courses • The Bronkinys Insfi[u!e ranked the Virginia Beacl; metre sr2a in toe 4:' in STEM Knowledge and STEM shary ofempIOUmeo! 2nd in tne tep 251., far productivity yro.^::f: Students earned 7.55 /, rtBCPS Industry Certifications-3 371 ? ?ore than lazt year Virginia Beach smdents obiained V6CP5 Workplace .. . Readiness Sk{Ils certifications-ll2 more than last ycar 18 September 16, 2014 -11- CITY CO UNCIL BRIEFINGS VIRGINIA BEACH DEVELOPMENT A UTHORITY ANNUAL REPORT ITEM #64128 (Continued) Workforce Development begins early and the GrowSmart EaYly Childhood Education Program is another great success. This award winning program focuses on preparing children from birth to age S for acaclemic success when they are ready to begin school. The program also works with parents and early childhood education providers to make sure they have the tools needed to support the children: GROWSMART • Since 2010. more fhan 2,600 families have bean impacted •14 jaes ,r.,ere r-reat2d in 2013 and enrplled businesses sa4e an average of 28".? revenue increas= • Virginia Star t2u a(t lnittati-ve; ; 6llirgln;a B-h sikee partcipated in 2013 academicpear .13 zeachers recelveti scho(a?ships duriny 2073i2091 VIRGINIA BEACH G p,.?;SMART ? 19 The City is full of economic growth potential. The Citizens make the difference in the City, as well as the City Council and City leadership for their commitment to the Citizens. The following is a recap of some of the accolades the City has received over the years: Mayor Sessoms expressed his appreciation to Ms. Twohy and the entire Development Authority for their work and commitment to the Ciry. September 16, 2014 -12- CITY COUNCIL BRIEFINGS L YNNHA VEN A Q UA CUL TURE CENTER ITEM #64129 4:20P.M. Mayor Sessoms wedcomed Karen Forget, Executive Director of Lynnhaven River NOW. Ms. Forget expf-essed her appreciation to City Council for their continued support of their efforts in the Lynnhaven River. The proposed Project presented in today's Briefzng began being discussed about fve (S) or six (6) years ago. The organization has been working with Public Works Staff to find a location in order to move the proposed Project forward: The organization, Lynnhaven RiverNOW, began in 2002. Below is the organization's Vision: September 16, 2014 -13- CITY CO UNCIL BRIEFINGS L YNNHA VEN A Q UA CUL TURE CENTER ITEM #64129 (Continued) Oyster restoration is major area of the organization's work: As the organization began, only 1% of the Lynnhaven River was open to shellfishing, with no commercial oyster industry in 2002: September 16, 2014 -14- CITY COUNCIL BRIEFINGS LYNNHAVENAQUACULTURE CENTER ITEM #64129 (Continued) Since 2002, the progress of restoring the Lynnhaven River has been very successful. Today, 42% of the River is open for shelUishing, with six (6) active and growing commercial oyster businesses. The Ciry of Virginia Beach has played a large part in the success: Where We Are Today Currently, there are six (6) different programs to encourage and restore the oyster population: September 16, 2014 -15- CITY COUNCIL BRIEFINGS L YNNHA VEN A Q UA CUL TURE CENTER ITEM #64129 (Continued) Oyster Gardening with Students and Citizens One of the most successful programs is Collecting and Recycling Oyster Shells, which began in 2006 They are averaging 300 bushels of oyster shells per month: September 16, 2014 -16- CITY COUNCIL BRIEFINGS L YNNHA VEN A Q UA CUL TURE CENTER ITEM #64129 (Continued) Deploying Spat Catchers Over sixty-three (63) acres of oyster reefs have been built with funds received from Fish America Foundation. These reefs are off limits for harvesting and will help build the native oyster population: September 16, 2014 -17- CITY COUNCIL BRIEFINGS LYNNHAVENAQUACULTURE CENTER ITEM #64129 (Continued) Three (3) years ago, the organization began building Oyster Castle Reefs. This project helps protect the shoreline from erosion in an environmentally friendly way. The reefs are made of special concrete block that contains 30% oyster shell. To-date, five (5) homeowners have participated in this project with six (6) more scheduled to participate next Spring: Building Oyster Castle Reefs September 16, 2014 -18- CITY COUNCIL BRIEFINGS LYNNHAVENAQUACULTURE CENTER ITEM #64129 (Continued) Below is a rendeYing of the proposed Project: What is the Lynnhaven Aquaculture Center? .. L??nua?FnApu?cc?i?uFCH?reu ,„„ ' The property is owned by the City and obtained as a Yight-of-way: September 16, 2014 -19- CITY COUNCIL BRIEFINGS L YNNHA VEN A Q UA CUL TURE CENTER ITEM #64129 (Continued) Below is a layout of the proposed Aquaculture Center: ?-- ? -- --- __- - -.?,,., _ ' ,. .. .. .. " § ' . .. 1 . . . -?3 ... .. , :., . .. ? ? ? '. ? ? ..?.? . ?'?• I Yn;?HAFE!V AQ( ALUI9CRG CF\TER -, Tf .,,. xe?. t.n ?vcavF.axa? n<rs tu??ns?a?e'vox5 crvn r>anv;t;a? ? I.YNNNAVENRfVei"hO"?t September 16, 2014 -zo- CITY CO UNCIL BRIEFINGS L YNNHA VEN A Q UA CUL TURE CENTER ITEM #64129 (Continued) Below is the information in hopes of moving the proposed Project forward.• Planning and Design September 16, 2014 -21- CITY COUNCIL BRIEFINGS LYNNHAVENAQUACULTURE CENTER ITEM #64129 (Corctinued) Currently, two (2) projects aYe planned for next Spring: Below is the proposed Schedule and Budget. Although the Budget is still being developed, the funding is expected to come through Lynnhaven River NOW, Oyster Heritage Trust Fund, the City's Stormwater Utility Fee and the Living Shorelines Trust Fund: Schedule • April--June 2015 -- LAC Functional :<. Spring 2016 xFully Operational Facility, ?..M Budget • Still in Development • Funded by: _ Lynnhaven River NOW Oyster'Heritage Tr?ust. Fund £.? Stormwater. Utility Fee? in¢ Shorelines Trust.Fund-t'?- t. 0 v- September 16, 2014 -zz- CITY COUNCIL BRIEFINGS L YNNHA VEN A Q UA CUL TURE CENTER ITEM #64129 (Contiiaued) Mayor Sessoms expressed his appreciation to Ms. Forget and the entire organization for their fine work. September 16, 2014 -23- CITY COUNCIL COMMENTS ITEM #64130 4:44 P.M. Council Lady Henley advised she had an opportunity to visit Virginia lnstitute of Marine Science (VIMS) last week. The Staff was very complimentary of the City for being one of the leaders in Sustainability. Council Lady Henley heard Dr. Hershner's presentation on Sea Level Rise which this is high on the Ciry's priority list in dealing and planning for this issue. September 16, 2014 -24- CITY COUNCIL COMMENTS ITEM #64131 Council Lady Henley advised the Virginia Coastal Coalition, which she ser-ves on the Board of Directors, is hosting a breakfast event/presentation "Sea Level Rise and Your Business " on October 21, 2014. This presentation will focus on how local businesses can prepare, mitigate losses and adapt to recurrent flooding and Sea Level Rise in Hampton Roads. September 16, 2014 -25- CITY COUNCIL COMMENTS ITEM #64132 Councilman Martin advised he has been asked by Citizens and Civic Leaders in the Seatack Community to revisit some questions on some design issues on Birdneck Road. He is aware the City has, in the past, reviewed and responded to the concerns raised by the community; however, he would like to just look at it one more time. Mayor Sessoms asked that Council Members Uhrin and Martin work with City Staff and provide a response the community. September 16, 2014 -26- CITY COUNCIL COMMENTS ITEM #64133 Councilman Dyer attended the Clean Communiry Commission meeting last week and commended the work they are doing. He advised this group of Volunteers do a tremendous amount of work in cooperation with Parks and Recreation and Waste Management. September 16, 2014 -27- CITY COUNCIL COMMENTS ITEM #64134 Councilman Dyer expressed his appreciation to Deputy City Manager poug Smith for his efforts in getting Staff to attend the Grand Opening of Dickey's Barbecue Pit in the Centerville District. September 16, 2014 -zs- AGENDA REVIEW SESSION 4:48 P.M. ITEM #64135 BY CONSENStIS, the following shall compose the CONSENT AGENDA: I. ORDINANCES/RESOL UTION 1. Ordinances to AMEND the City Code: a. Section 18-108 re temporary and transient businesses b. Section 2-105 re Re-Employment c. Sections re Southern Watersheds Management Ordinance 1. 1, 2, 3, S, 7, 9, 11, 12 and 14 re various references 2. 8-31 re Permit Fees 3. 23-50 re Excessive Growth 4. 30-78 re Erosion and Sediment Control 5. AppendixD, Sec 1-6, re Technical Criteria 6 Appendix K, Sec 410, 6.3 and 6.4, re the Floodplain 2. Ordinance to CARRY FORWARD and APPROPRIATE previously approved funding in the FY 2013-14 Budget: a. $813, 045 to the General Fund b. $160,543 to the DEA Seized Property Special Revenue Fund 3. Resolution to ESTABLISH a Domestic Violence Fatality Review Team to be appointed by City Council and annually report to the Council 4. Resolution to APPROVE a contract between the Communiry Services Board and the Commonwealth of Virginia re mental health, retardation and substance abuse 5. Resolution to AUTHORIZE the Establishment of Robbie's Ambulance Service with an annual EMS Permit re private ambulance services 6 Ordinance to AUTHORIZE temporary encroachments into portions of City property for Michael and Lynda Tubridy re an existing walk and to construct and maintain a vinyl fence and landscaping adjacent to 205 Aqua Lane DISTRICT 6 - BEACH Ordinance to TRANSFER ,$56, 000 to the Sheriff's FY2013-14 Operating Budget re excess expenditures and encumbrances September 16, 2014 -29- AGENDA REVIEW SESSION ITEM #64135(Continued) BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. PLANNING 1. Application of FIVE DOG NIGHT, LLC. for a Floodplain Yariance and Modi acation of Conditions of a Conditional Use Permit (approved February 22, 2005 ) re a Yeterinary office and Care Center at 1515 Drakesmile Road (Deferred from July 9, 2014) DISTRICT 3 - ROSE HALL 2. Application of TODD SWEIGART and MICHELE MATTIOLI for an EnlarQement of a Non-Con ormingUse at 5000 Atlantic Avenue DISTRICT S- LYNNHAVEN pecial Exception for 3. Application of COASTAL BUILDING GROUP, LLC for aS Alternative Compliance re Form-Based Code in the Oceanfront Resort District at 520 21sr Street DISTRICT 6- BEACH 4. Application of CAROLYN LATIOLAIS for a Conditional Use Permit re truck and trailer rentals at 1209 Baker Road DISTRICT 4- BAYSIDE 5. Application of 30 WEST PERSHING, LLG58`" STREET WAREHOZISE, LLC for a Conditional Use Permit re an outdoor recreation facility at Greenwich Road and I-264 DISTRICT 2 - KEMPSVILLE 6 Application of VERIZON WIRELESS for a Conditional Use Permit re a communication tower at 2185 Recreation Drive DISTRICT 7- PRINCESS ANNE 7. Application of VIRGINIA SEAGULL TRAVEL BUS, INC., for a Conditional Use Permit re a trarzsportation terminal at 649 Newtown Road DISTRICT 2- KEMPSVILLE 8. Application of PAUL BRADLEY dba BRADLEY MARINE, LLC for a Conditional Use Permit re boat repair and bulk storage at 588B Central Drive DISTRICT 6- BEACH 9. Application of PRINCESSBORO DEVELOPMENT for a Conditional ChanQe o Zonin from AG-2 Agricultural to Conditional B-2 Communiry Business at 1901 Sandbridge Road re a retail landscape and garden center (Deferred August 19, 2014) DISTRICT 7- PRINCESS ANNE SeptembeY 16, 2014 -30- ITEM#64136 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: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, wheYe 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). Beach DistYict Beach District LEGAL MATTERS: Consultation with legal counsel and briefings by staff inembers or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). Documentation of Public Interest in Chesapeake Beach PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officeYS, appointees or employees pursuant to Section 2.2-3711(A) (1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees September 16, 2014 -31- ITEM#64136 (Continued) Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 4: SO P.M. Voting.• 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, BYad Martin, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members TTOting Nay: None Council Members Absent.• John D. Moss Rosemary Wilson (Closed Session 4: SO P.M. - S: 45 P.M.) September 16, 2014 -32- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL SEPTEMBER 16, 2014 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, Ciry Hall, on Tuesday, Septernber 16, 2014, at 6: 00 P.M. Coiincil Members Present: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Anzelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson out of Country on family vacation INVOCATION: Reverend Wayne Rickman Senior Pastor Saint Andrews United Methodist Church PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a"personal interest ", as 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 ' letteN of March 24, 2009, is hereby made a part of the record. September 16, 2014 -33- Vice MayoY Jones DISCLOSED, for many years, he served oiz the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fultorr Financial ') purchased Resource Bank. On Maf•ch 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 Ciry Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of Ciry Council. Vice Mayor Jones i°egularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the Yecord. 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 Yeview 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. September 16, 2014 -34- Item -V-E CERTIFICATION ITEM #64137 Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, 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.• 9-0 Council Members Poting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, BYad Martin, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Abstaining: John D. Moss absent during Informal Session Council Members Absent: Rosemary Wilson out of Country on family vacation September 16, 2014 R E S 0 L U T 10 N 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 #64136 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. r th Hodges Fraser, MMC City Clerk September 16, 2014 -35- Itenz -V-F.I MINUTES ITEM #64138 Upon motion by Councilman Dyer, seconded by Council Lady Kane, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of September 2, 2014. Voting.• 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, and James L. Wood Council Members Absent.• Rosemary Wilson September 16, 2014 -36- ADOPT AGENDA FOR FORMAL SESSION ITEM #64139 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION September 16, 2014 -37- Itent -V-H.l PUBLIC HEARINGS ITEM #64I40 Mayor Sessoms DECLARED A PUBLIC HEARING: 2015 LEGISLATIVE AGENDA TO THE VIRGINIA GENERAL ASSEMBLY The following individuals registered to speak.• Reid Greenmun, 2405 Cliff Cutter Drive, Phone: 615-4533, spoke in SUPPORT of Legislative Agenda Itenzs #8 (JLARC Review of the Equity of Transportation Funding), #10 (Hampton Roads Transportation Accountability Commission Use Of The Weldon CoopeY Population Information), #11 (Requiring The Reporting Of Lost Or Stolen Firearms) and #13 (Temporary Detention Order Evaluation Required Within 24 Hours. Mr. Greenmun suggested amending the language in Item #12 to "not exceed a total of 96 hours maximum ". Mr. Greenmun advised the Tea Party and Taxpayers Alliance provided suggested amendments to the proposed By Laws of the HRTAC. The most egregious items declare no citizen has a right to comment even though the HRTACs funding is $20-Billion. Mr. Greenmun suggested HRTAC shoasld afford an opportunity for citizens and/or Regional bodies to comment on the future of transportation. Dianna Howard, 1057 Debaca Court, Phone: 721-5128, requested HRTAC allow citizens to speak on Agenda Items. Ms. Howard feels it is unfair the Cornmittee is not allowing citizens to comment on the future of ti^ansportation. Frank Papcin, 4008 Romford Lane, Phone: 498-4878, requested HRTAC allow citizens to speak on Agenda Items and the future of transportation. He expressed concern over the appearance offunds going to Route 460 and Patriot Crossing (proposed projects) and not considering projects that will impact everyday cornmuters. Donna B. Sayegh, 3104 Garland Drive, Phone: 638-3759, requested HRTAC allow public input at meetings to provide input on the future of transportation. Robert Dean, 1204 Shawn Drive, Phone: 427-6606, representing Tidewater Libertarian Party requested City Council follow the lead of the Beach General Assembly Delegation and use their influence to kill Itena #4 (Medicaid Expansion Position) . Mr. Dean objects continuing to Item #5 (Continued Funding for Base Realignment and Closure ((BRAC)) Efforts as this Policy takes taxpayer money to purchase properties at premium prices, selling them to well-known developers at "basement prices " who then in turn renovate the property and resale them at premium prices. Next, he questions what will be achieved in Item #7 (Commonwealth Transportation Board Appointments) as each locality falls under the various Federally Mandated Planning Commissions. Item #8 (Joint Legislative Audit and Review Commission ((JLARC)) Review of the Equity of Transportation Funding causes concern as the request for a new an updated study since HRTAC has alYeady been formed. Mr. Dean advised the Tidewuter Libertarian Party is strongly opposed to Item #9 (Hampton Roads Transportation Accountability Commission ((HRTAC) re Yoting. If Members don't think it is important to attend meetings where `millions of hard earned taxpayer's money will be spent, then they should forego their vote. To bring in an alternate to vote on the future of transportation that may not have the historical background would do the Commission and the Region a disservice. The group is also adamantly opposed to Item #I1 (Requiring the Reporting of Lost or Stolen Firearms). This presents the Government additional ways to find out who owns or has owned firearms. September 16, 2014 -38- Item -V-H.1 PUBLIC HEARINGS ITEM #64140(Continued) Christina Trapani, 1329 Goose Landing, Phone: 613-5683, spoke in support of Legislative Agenda Item #23, to Ban the Release of more than ten (10) balloons, sponsored by Council Lady Henley. Ms. Trapani advised she has been studying balloon liter in the City and Barrier Islands of the Eastern Shore for over ten (10) years. Balloon liter poses a significant threat to marine life, waterfowl and the environment as a whole. Ms. Trapani suggested amending the item to zero (0) balloons; however, if that is unreasonable, allowing ten (10) balloons per event (not per person), requiring biodegradable balloons and including language prohibiting the use of any type of ribbon on balloons to be released. Council Lady Henley provided a copy of the Chesapeake Bay Foundation's letter of September 16, 2014, to be made a part of this record. There being no other speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. September 16, 2014 =•? 'S. CHESAPEAKE BAY FOUNDATION S ?....o 000,- Saving a Nationai Treasure ... :- - ' September 16, 2014 OFfICERS SIMON SIDAMON-ERISTOFF CHAIR JANE F BATTEN VICE CHAIR ALAN R. GRIFFITH V'CE CHAIR WILLIAM C. BAKER PRESIDENT FAV R. NANCE iRfASURER MARY 70D WINCHESTER SECRETARY iRU5TEE5 JOANNE S. BERKLEY W. RUSSELL G. BYERS.IR. D, KEITH CAMPBELL MICHAEL J. CHIARAMONTE CATHERME CULLEN THOMAS M. DAVIS III RICHARD L. FRANYO LAUREN GLEASON CAROLVN GROOBEV JANET F. HAAS, M.D. ANN FRiTZ HACKETT MICHAELJ. HANLEY ROBERT 4.KINSLEV BURNS B. LAPHAM HARRY T. LESTER BYRON F. MARCHANT H. 7URNEV MCKNIGHT CHARLES W. MOORMAN W. TAYLOE MUflPHY,1R. ARNOLD I. RICHMAN ALEXIS G. SANT TRIIMAN T. SEMANS ANNE B. SHUMADINE BISHOP EUGENE TAYLOR SUTTON ANTHONY A. WILLIAMS SUSAN P WILMERDING PETER L. N'OICKE ALAN L. WURTZEL HONORARYTRUS7EES DONALD F. BOESCH, Ph.D. LOUISA C. DUEMLING C.A. PORTER HOPKINS T. GAYLON LAYFlELD III H.F. LENFES7 M. LEE MARSTON WAVNE A. MILLS MARIE W. RIDDER JAMES E.ROGERS RUSSELL C. SCOTT JENNIFER 57ANLEY THOMAS H.STONER AILEEN BOWDOIN TRAIN The Honorable Barabara Henley Virginia Beach City Council 2401 Courthouse Drive City Hall, Building 1 Virginia Beach, VA 23456 Dear Mrs. Henley: On behalf of the Chesapeake Bay Foundation (CBF), we appreciate this opportunity to provide you with CBF's feedback on the City of Virginia Beach proposed legislative agenda for 2015. We however respectfully suggest that Item 27, Page 34 of the City of Virginia Beach proposed Legislative Agenda for General Assembly Session 2015 should be withdrawn. Item 27, "REQUIRE THE STATE WATER CONTROL BOARD TO ESTABLISH REGULATTONS FOR INNOVATIVE STORMWATER TREATMENT PROTOCOLS FOR LOCALITIES; SPONSORED BY COUNCIL MEMBER, BARBARA M. HENLEY," is no longer necessary. Direct communications with the Department of Environmental Quality (DEQ) indicate that DEQ is warking with the Chesapeake Bay Program to ensure innovative stormwater treatment practices are being evaluated under appropriate scientific protocols. DEQ has indicated it will provide a written response to the City's inquiry regarding specific practices in the week of September 22, 2014. Therefore, legislative action is not needed. Please let me know if you have questions or desire additional information. I can be contacted at (757) 622-1964 or ceverett Lcycbf.org. Sincerely, ??,-?w?V1?<C1«?/ ?/) l?r{/?^?.M? Christy Everett Hampton Roads Director HAMPTON RflADS ; 142 WESZ YORK STREET " SlJITE 618 ? NORFOLK, VA 23510 757/622-1964 ; FAX: 757j622-7861 ! CBF.ORG -39- Itenz -V-I ORDINANCES/RESOL UTIONS ITEM #64I41 Upon motion by Vice Mayor Jones, seconded by Councilman Moss, Ciry Council APPROVED, BY CONSENT, IN ONE MOTIDN, Items 1 a1b/c(1-6), 2a/b, 3, 4, S, 6 and 7 of the CONSENT AGENDA. Voting.• 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson September 16, 2014 -40- Iteni -V-I.la ORDINANCES/RESOL UTIONS ITEM #64142 Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council ADOPTED, BY CONSENT, Ordinances to AMEND the City Code: a. Section 18-108 re temporary and transient businesses Troting: 10-0 Council Members YotingAye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson September 16, 2014 REQUESTED BY COUNCILMEMBER HENLEY 1 AN ORDINANCE TO AMEND SECTION 18- 2 108 OF THE CITY CODE PERTAINING TO 3 TEMPORARY AND TRANSIENT 4 BUSINESSES 5 6 SECTION AMENDED: § 18-108 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 18-108 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 Sec. 18-108. Temporary or transient businesses. 14 (a) Except as provided in subsection (b) of this chapter, every person who engages 15 in, or transacts any temporary or transient business in the city for the sale of any goods, 16 wares, merchandise or services and who, for the purpose of carrying on such business, 17 hires, leases, uses or occupies any building or structure, motor vehicle, tent, car, boat or 18 public room, or any part thereof, including rooms in hotels, lodging houses or houses of 19 private entertainment, or in any street, alley or other public place, for the exhibition of or 20 sale of such goods, wares, merchandise or services, shall pay for such privilege a tax of 21 $500.00. Any such person conducting business in the city for thirty (30) consecutive 22 days or more shall obtain the license and pay the tax or fee required by sections 18-5 23 and 18-5.2 of this chapter. The license required by this section shall not be transferable. 24 (b) (1) The sale of goods, wares, merchandise and services in the city by merchants 25 and vendors at a community event or an event conducted by a nonprofit 26 charitable organization is hereby recognized as a distinct activity. Any 27 organization conducting such an event may obtain an umbrella license from the 28 commissioner of the revenue that will satisfy the business license requirement 29 for business transacted by all registered merchants and vendors at the event. 30 For any other business conducted in the city by any such merchant or vendor, 31 the appropriate license required by this chapter must be obtained. 32 (2) The cost of the umbrella license described in subsection (b)(1) shall be $10.00 33 per merchant or vendor; provided, however, that regardless of the number of 34 merchants and vendors, the cost of such license shall not be less than $50.00 35 nor more than $500.00. 36 (3) Notwithstandinq subsection (b)(2) a communitv event sponsored bv a nonprofit 37 church or other relictious body may obtain an umbrella license described in 38 subsection (b)(1) for no cost provided: (i) the nonprofit church or other reliaious 39 bodv makes proper application to the commissioner of the revenue; (ii) the 40 duration of the communitv event is limited to one calendar dav; and (iii) such 41 umbrella license is onlv applicable to merchants or vendors and is not 42 applicable to other activities such as the sale of prepared food or alcohol. 43 (43) As used in this section, a"community event" is any fair, show, exhibition, 44 or celebration conducted over a period of less than thirty (30) consecutive days 45 for which a permit is required pursuant to section 4-1 or section 24-6 of this 46 Code, and has been obtained. A"nonprofit charitable organization" means a 47 nonprofit corporation organized for charitable purposes that has been 48 designated by the Internal Revenue Service as a 501(c)(3) organization. 49 (54) For purposes of this section, a person shall be considered a merchant or 50 vendor at a community or charitable event only if he or she (i) has registered 51 with the event organizer, and (ii) only conducts business within the boundaries 52 of the area in which the event is held. 53 (6 5) Any organization issued an umbrella license pursuant to subsection (b) of 54 this section shall, within ten (10) days of the last day of the event for which such 55 license was issued, file with the commissioner of the revenue on a form 56 prescribed by the commissioner of the revenue, a final accounting of the 57 merchants and vendors who actually conducted business at the event. 58 (7 6) The provisions of this subsection are applicable only to the activities of 59 temporary or transient merchants and vendors, and shall not be applicable to 60 other licensable activities, including, but not limited to, persons operating 61 amusement and recreation parks, businesses or carnivals, street fairs and tent 62 shows. Any person who does business at a community event or event 63 conducted by a qualifying nonprofit organization and is not registered as a 64 merchant or vendor for the event shall be considered a temporary or transient 65 merchant as described in subsection (a), and shall be required to pay the tax 66 required by that subsection. 67 (c) Every person who has not been licensed for at least one year to sell or to offer 68 for sale goods, wares or merchandise, and who shall apply for a license to offer or sell 69 goods, wares or merchandise within the city, shall file, with the application for such 70 license, an affidavit from the owner of the building, structure or other property to be 71 used by such applicant, showing for what period of time the property to be used by such 72 applicant has been hired or leased by such applicant. No license, the license tax for 73 which is set out in this section, shall be issued unless such affidavit is attached to the 74 application; provided, however, that the commissioner of the revenue may, in lieu of 75 such affidavit, issue a regular merchant's or regular auctioneer's license to any applicant 76 upon the giving of a bond or security in such amount as will equal the specific tax 77 required by this section for a period of one year from the date of the applicant for such 78 license. Such bond or security shall provide that such amount shall be paid to the city in 79 the event and at any time during any such year that the commissioner of the revenue 80 shall receive sufficient evidence showing that it was the applicant's intention to engage 81 in or transact a temporary or transient business in the city. 82 (d) No person shall be exempt from the payment of the license tax imposed by this 83 section by reason of associating temporarily with any local merchant, dealer, trader or 84 auctioneer, or by reason of conducting such temporary or transient business in 85 connection with or as a part of the business in the name of any local merchant, dealer, 86 trader or auctioneer. 87 (e) The provisions of this section shall not apply to the sale, at an auction, of any 88 wagon, carriage, automobile, mechanics' tools, used farming implements, livestock, 89 poultry (dressed or undressed), seafood, vegetables, fruits, melons, berries, flowers or 90 leaf tobacco; or to the sale of used household furniture and used household effects, 91 when being sold at the residence of the housekeeper desiring to dispose of the same; 92 or to sales made to dealers by commercial travelers or selling agents or regularly 93 established merchants or manufacturers selling to the trade by sample for future 94 delivery from their established place of business; or to the sale of products raised upon 95 lands leased or owned by the seller; or to the sale of vegetables, fruits or other farm 96 products; or to hawkers on the streets; or to the sale of any goods by an assignee, 97 trustee, executor, fiduciary, officer in bankruptcy or other officer appointed by any court 98 of this state or of the United States; or to peddlers licensed under this chapter. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 16th day of September , 2014. APPROVED AS TO LEGAL SUFFICIENCY: C `-eify A or y's ffice CA13101 R-2 September 8, 2014 -41- Item -V-I.Ib ORDINANCES/RESOL UTIONS ITEM #64143 Upon motion by Vice Mayor Jones, seconded by Councilman Moss, Ciry Council ADOPTED, BY CONSENT, Ordinances to AMEND the City Code: b. Section 2-105 re Re-Employment Voting: 10-0 Council Members Voting Aye. Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson September 16, 2014 1 AN ORDINANCE TO AMEND SECTION 2-105 2 OF THE CITY CODE PERTAINING TO RE- 3 EMPLOYMENT 4 5 SECTION AMENDED: § 2-105 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 2-105 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 Sec. 2-105. Re-employment. 13 (a) Re-employment shall be defined as the employment of a former permanent or 14 probation city employee following a separation from city employment of more than 15 twelve (12) consecutive months, or the employment of a former part-time city 16 employee, hired on or after July 1, 1996, following a separation from city 17 employment of any length of time. All other conditions of section 2-104 shall apply. 18 (b) All time served in previous employment with the city shall not be counted towards 19 the probation period, annual leave, service awards, or other longevity-based 20 employment conditions or benefits with the exception ofL.1 , the Virginia Retirement 21 System benefit that is determined in accordance with state law: and (2) determining 22 eliqibility for the emplover's contribution toward retiree healthcare premiums. 23 Eligible veterans returning to the city should refer to the V°t°r^^°' Q° °mnlnymont 24 Ri^"+° P^loMilitarv Leave Policv and Procedure. 25 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 16th 26 day of SPptember , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ? • Human Resources City ttorney's Office CA13044 R-1 June 16, 2014 -42- Item -V-I.Ic ORDINANCES/RESOL UTIONS ITEM #64144 Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council ADOPTED, BY CONSENT, Ordinances to AMEND the City Code: c. Sections re Southern Watersheds Management Ordinance 1. 1, 2, 3, S, 7, 9, 11, 12 and 14 re various references 2. 8-31 re Permit Fees 3. 23-50 re Excessive Growth 4. 30-78 Ye Erosion and Sediment Control 5. Appendix D, Sec 1-6, re Technical Criteria 6 Appendix K, Sec 4.10, 6.3 and 6 4, re the Floodplain Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, JY., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson September 16, 2014 1 AN ORDINANCE TO AMEND SECTIONS 1, 2 2, 3, 5, 7, 9, 11, 12 AND 14 OF THE 3 SOUTHERN WATERSHEDS MANAGEMENT 4 ORDINANCE (APPENDIX G) PERTAINING 5 TO THE REFERENCES TO SOUTHERN 6 WATERSHEDS 7 8 SECTIONS AMENDED: Southern Watersheds 9 Management Ordinance §§ 1, 2, 3, 5, 7, 9, 11, 10 12 and 14 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 18 That Sections 1, 2, 3, 5, 7, 9, 11, 12 and 14 of the Southern Watersheds 19 Management Ordinance are hereby amended and reordained to read as follows: 20 21 APPENDIX G: SOUTHERN RIVERS WATERSHEDS MANAGEMENT ORDINANCE 22 23 Sec. 1. Title. 24 25 This ordinance shall be known as the Southern Rivers Watersheds Management 26 Ordinance of the City of Virginia Beach. 27 28 Sec. 2. Findings af fact. 29 30 (a) The watersheds of the North Landing River, the Northwest River, the 31 Small Coastal South Watershed and Back Bay, collectively referred to herein as the 32 Southern Rivers Watersheds of the city, and the waterways they contain, constitute a 33 unique and sensitive environment inclusive of coastal primary sand dunes, tidal 34 wetlands, nontidal wetlands and sensitive soils. 35 36 (b) Extensive floodplains and marsh fringes bordering the waterways within 37 the Southern Rivers Watersheds provide a unique and valuable habitat. Lands adjacent 38 to waterways have an intrinsic water quality value due to the ecological and biological 39 processes they perform or which occur within them. 40 41 (c) Much of the land area comprising the Southern Rivers Watersheds 42 currently supports forestal, agricultural, recreational, and conservation activities. Any 43 future development must be undertaken in a manner which encourages harmony 44 among development, agriculture, recreation and conservation. 45 46 (d) The primary topographic feature characterizing the Southern Rivers 47 Watersheds is the flatness of the lands surrounding Back Bay, the North Landing River, 48 the Northwest River, and the Small Coastal South_ Watershed and their respective 49 tributaries. The lack of topographic relief is a unique characteristic of the Southern River 50 Watersheds which must be considered when undertaking development and agricultural 51 activities within the watersheds. 52 53 .... 54 55 (u) Much of the area within the Southern Rivers Watersheds lies within 56 natural areas identified in the Virginia Beach Natural Areas Inventory and contains 57 significant natural heritage resources. 58 59 Sec. 3. Objectives. 60 61 This ordinance is intended to protect, enhance and restore the quality of waters 62 within the Southern Rivers Watersheds of the city. In order to protect, maintain, and 63 enhance both the immediate and the long-term health, safety and general welfare of the 64 citizens of the City of Virginia Beach, this ordinance has the following objectives: 65 66 .... 67 68 (b) To enhance, restore and protect the chemical, physical and biological integrity 69 of waters within the Southern Rivers Watersheds; 70 71 .... 72 73 (e) To minimize or reduce the transport of pollutants to the waters of the Southern 74 Rivers Watersheds; 75 76 .... 77 78 (j) To protect, restore and maintain plant and animal, including fish, communities in 79 the Southern Rivers Watersheds; 2 80 81 .... 82 83 Sec. 5. Applicability. 84 85 This ordinance shall apply to: 86 87 (a) Development upon any lands or waters within the watershed of the North 88 Landing River, the Northwest River, the Small Coastal South Watershed, or 89 Back Bay, which watersheds are collectively referred to herein as the Southern 90 Rivers Watersheds; 91 92 (b) Any artificial alteration of the level or flow of any watercourse or impoundment of 93 water; and 94 95 (c) To the extent set forth in section 10 of this ordinance, agricultural activities 96 within the Southern Rivers Watersheds. 97 98 .... 99 100 Sec. 7. PerFormance standards. 101 102 .... 103 104 (c) Development in, or within fifty (50) feet of, any wetland or shoreline, 105 except wetlands or shorelines established in connection with structural best 106 management practice facilities, shall be prohibited; provided, however, that vegetation 107 may be cleared for the establishment of access paths if such removal is undertaken in a 108 manner which minimizes land disturbance and impacts to remaining vegetation and 109 maintains the functional value of the fifty-foot area as a stormwater filter; and provided 110 further, that water-dependent facilities may be located within such area. Public 111 highways may be constructed in or across wetlands or shorelines or within fifty (50) feet 112 thereof under the following conditions: 113 114 (1) Any land-disturbing activity associated with such construction shall be in 115 compliance with the erosion and sediment control requirements set forth in 116 sections 30-56 through 30-78 of the City Code, or in the case of state agency 117 projects, with such conservation plan or erosion and sediment control 118 specifications as may be approved by the department of conservation and 119 recreation; 3 120 121 (2) There is no practicable alternative location which would have less adverse 122 impact on wetlands or waters within the Southern Rivers Watersheds, taking 123 into consideration cost, existing technology, and logistics in light of overall 124 project purposes; and 125 126 (3) Appropriate and practicable measures are taken to minimize potential adverse 127 effects of such construction, including any discharge of material associated 128 therewith, on wetlands or waters within the Southern Rivers Watersheds. 129 130 .... 131 132 Sec. 9. Southern Rivers Watersheds Management Plan. 133 134 (a) The developer of any land within the Southern Rivers Watersheds shall, 135 prior to undertaking any land-disturbing activity, submit a Southern Rivers Watersheds 136 Management Plan if such development is subject to the requirements of section 7(e) 137 hereof. No such land-disturbing activity shall take place until the plan is approved and 138 all required permits and approvals have been granted. There shall be included in the 139 plan sufficient information for the development services center and the departments of 140 planning, agriculture and public works to evaluate the environmental characteristics of 141 the affected areas, the potential and predicted impacts of the proposed activity on 142 waters and wetlands within the Southern Rivers Watersheds and the effectiveness and 143 acceptability of those measures proposed by the applicant for preventing or minimizing 144 adverse impacts. The plan shall contain maps, charts, graphs, tables, photographs, 145 narrative descriptions and explanations and citations to supporting references, as 146 appropriate, to communicate the information required by this section. 147 148 .... 149 150 Sec. 11. Procedures. 151 152 (a) A presubmittal meeting with the development services center to discuss 153 the project in order to facilitate the development review process is encouraged. 154 155 (b) A processing fee shall be collected at the time the Southern Rivers 156 Watersheds Plan is submitted, which fee shall defray the cost of administration of this 157 ordinance, including costs associated with plan review, issuance of permits, periodic 158 inspection for compliance with approved plans, and necessary enforcement. Such fee 4 159 shall be in an amount equal to the fee required by section 7 of the Stormwater 160 Management Ordinance [Appendix D]. 161 162 (c) Within sixty (60) working days after submission of the completed Southern 163 Rivers Watersheds Plan, the development services center shall approve the plan, with 164 or without specified conditions or modifications, or reject the plan, and shall notify the 165 applicant accordingly. If the development services center has not rendered a decision 166 within sixty (60) working days after submission of the plan, the plan shall be deemed 167 approved and the applicant shall be authorized to proceed with the proposed activity. If 168 the plan is rejected or modified, the development services center shall specify such 169 modifications, terms or conditions as will allow approval of the plan; provided, however, 170 that it shall not be the responsibility of the development services center to design an 171 acceptable project. 172 173 [(d), (e) Reserved.] 174 175 (f) The Southern Rivers Watersheds Management Plan shall not be 176 approved unless it clearly indicates that the proposed development meets all 177 requirements of this ordinance, except such requirements as have been deleted or 178 modified pursuant to variance. 179 180 (g) Inspections: No Southern Rivers Watersheds Management Plan shall be 181 approved without adequate provision for inspection of the property, as follows: 182 183 (1) Initial inspection: prior to approval of the management plan; 184 (2) Bury inspection: prior to burial of any underground drainage structure; 185 (3) Erosion control inspection: prior to any land-disturbing activity and as 186 deemed necessary thereafter to ensure effective control of erosion and 187 sedimentation; and 188 (4) Finish inspection: at such time as all land-disturbing or development 189 activities have been completed. 190 191 .... 192 193 Sec. 12. Variances and Appeals. 194 195 (a) The city manager or his designee may authorize in specific cases a 196 variance from any retiremeR requirement of this ordinance which will not be contrary to 197 the public interest when, by reason of the existence of special conditions, a strict 5 198 enforcement of such requirement will result in unnecessary hardship. No variance shall 199 be authorized unless: 200 201 .... 202 203 When a variance is granted, the city manager or his designee may attach such 204 conditions and safeguards as are deemed necessary to protect water quality in the 205 Southern Rivers Watersheds, and may require a guarantee or bond to assure 206 compliance.... 207 208 Sec. 14. Enforcement. 209 210 (a) Any development commenced without the prior approval of a Southern 211 Rivers Watersheds Management Plan or which is conducted contrary to such approved 212 plan shall be deemed a public nuisance and may be enjoined or abated by the city in a 213 manner provided by law without the necessity of showing that no adequate remedy at 214 law exists. 215 216 .... 217 218 (e) Prior to the approval of any Southern Rivers Watersheds Management 219 Plan, there shall be required of the applicant a reasonable performance bond, cash 220 escrow, letter of credit or other legal surety or combination thereof acceptable to the city 221 attorney to ensure that measures may be taken by the city, at the applicant's expense, 222 should he fail, after reasonable notice, within the time specified in such notice, to 223 comply with the requirements of this ordinance. Within sixty (60) days after final 224 inspection of the development activity, such surety, or the unexpended or unobligated 225 portion thereof, shall be returned to the applicant or terminated, as the case may be. 226 227 .... 228 229 COMMENT 230 231 There has been some confusion as to the exact name and location of the Southern 232 Watersheds. This amendment will clarify and more accurately identify the Southern Watersheds, 233 as the Southern Rivers Watershed. This amendment brings the name into conformity with the 234 identification used by the Commonwealth. 235 236 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day 237 of September 2014. 6 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: - , Plannin D artment City Attorney's Office CA13067 R-3 August 12, 2014 7 1 AN ORDINANCE TO AMEND SECTION 8-31 2 OF THE CITY CODE PERTAINING TO 3 PERMIT FEES AND THE REFERENCE TO 4 SOUTHERN WATERSHEDS 5 6 SECTION AMENDED: City Code § 8-31 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 8-31 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and ordained to read as follows: 13 14 Sec. 8-31. Permit fees-Building permits. 15 16 .... 17 18 (10) Alterations, repairs, private piers, bulkheads, pools, elevators, commercial 19 interior finish, miscellaneous structures and structures located in a 20 Chesapeake Bay Preservation Area or a Southern Rivers Watersheds 21 Area for which a permit fee is not otherwise prescribed by this section, 22 including, but not limited to, patios and driveways-value of construction- 23 Thirty dollars ($30.00) plus five dollars ($5.00) for each one thousand 24 dollars ($1,000.00) of value of construction or fraction thereof. 25 26 .... 27 28 COMMENT 29 30 There has been some confusion as to the exact name and location of the Southern 31 Watersheds. This amendment will clarify and more accurately identify the Southern Watersheds, 32 as the Southern Rivers Watershed. This amendment brings the name into conformity with the 33 identification used by the Commonwealth. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 16th day of September , 2014. APPROVED AS TO CONTENT Planning rtment CA13069/R-21August 6, 2014 APPROVED AS TO LEGAL SUFFICIENCY: . ? City Attorney's Office z 1 AN ORDINANCE TO AMEND SECTION 2 23-50 OF THE CITY CODE PERTAINING 3 TO THE ACCUMULATION AND 4 EXCESSIVE GROWTH OF GRASS AND 5 WEEDS AND THE REFERENCE TO 6 SOUTHERN WATERSHEDS 7 8 SECTION AMENDED: City Code § 23-50 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 23-50 of the Code of the City of Virginia Beach, Virginia, is hereby 14 amended and ordained to read as follows: 15 16 Sec. 23-50. Accumulations of trash, garbage, etc., or excessive growth of weeds 17 or grass. 18 19 .... 20 21 (f) The provisions of subsection (b) shall not apply to the following areas: 22 23 .... 24 25 (12) Any other area required to be vegetated by reason of the application of the 26 City Zoning Ordinance [appendix A], Subdivision Ordinance [appendix B], 27 Site Plan Ordinance [appendix C], Stormwater Management Ordinance 28 [appendix D], Chesapeake Bay Preservation Area Ordinance [appendix 29 F], Southern Rivers Watersheds Management Ordinance [appendix G], or 30 any other ordinance or provision of law. 31 32 COMMENT 33 34 There has been some confusion as to the exact name and location of the Southern 35 Watersheds. This amendment will clarify and more accurately identify the Southern Watersheds, 36 as the Southern Rivers Watershed. This amendment brings the name into conformity with the 37 identification used by the Commonwealth and the provisions of Appendix G. 38 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 16th day of September , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ? 444t-- (??bW N ?6A Planning +artment City Attorney's Office CA13070/R-2/August 6, 2014 1 AN ORDINANCE TO AMEND SECTION 2 30-78 OF THE CITY CODE PERTAINING 3 TO EROSION AND SEDIMENT CONTROL 4 AND THE REFERENCE TO SOUTHERN 5 WATERSHEDS 6 7 SECTION AMENDED: City Code § 30-78 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 30-78 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and ordained to read as follows: 14 15 Sec. 30-78. Incorporation of Chesapeake Bay Preservation Area Ordinance and 16 the Southern Rivers Watersheds Management Ordinance. 17 18 The provisions of the Chesapeake Bay Preservation Area Ordinance and the 19 Southern Rivers Watersheds Management Ordinance and any future amendments 20 thereto, are hereby adopted and incorporated by reference as requirements of this 21 article in the areas of the city to which they apply. Such provisions shall be deemed to 22 be in addition to, and not in lieu of, the provisions of this article except in cases of 23 conflict, in which event the more restrictive provision shall apply. 24 25 COMMENT 26 27 There has been some confusion as to the exact name and location of the Southern 28 Watersheds. This amendment will clarify and more accurately identify the Southern Watersheds, 29 as the Southern Rivers Watershed. This amendment brings the name into conformity with the 30 identification used by the Commonwealth and Appendix G. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 16th day of September 12014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ?. r Plannin Department City Attorney's Office CA13071/R-2/August 6, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 AN ORDINANCE TO AMEND SECTION 1-6 OF THE STORMWATER MANAGEMENT ORDINANCE (APPENDIX D) PERTAINING TO THE REFERENCES TO SOUTHERN WATERSHEDS SECTION AMENDED: Stormwater Management Ordinance § 1-6 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 1-6 of the Stormwater Management Ordinance is hereby amended and reordained to read as follows: Sec. 1-6. Stormwater management plan; content of plan. A. The Stormwater Management Plan, required in section 1-4 of this Ordinance, must apply the stormwater management technical criteria set forth in sections 1-10 through 1-19 and 1-22 through 1-27 of this Ordinance to the entire site or common plan of development or sale where applicable, consider all sources of surface runoff and all sources of surface and groundwater flows converted to surface runoff. Individual lots in new residential, commercial or industrial developments shall not be considered separate land-disturbing activities. Approved stormwater management plans for residential, commercial or industrial subdivisions govern the individual parcels within that plan throughout the development life of the lots even with subsequent owners. The Stormwater Management Plan shall include the following information: 8. A map or maps of the site that depicts the topography of the site and includes: 40 41 42 43 44 45 46 47 48 49 50 51 X. All Southern Rivers Watershed buffers and nontidal wetlands, pursuant to Appendix G of the Virginia Beach City Code; and COMMENT There has been some confusion as to the exact name and location of the Southern Watersheds. This amendment will clarify and more accurately identify the Southern Watersheds, as the Southern Rivers Watershed. This amendment brings the name into conformity with the identification used by the Commonwealth and the provisions of Appendix G. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day Of September 2014. , APPROVED AS TO CONTENT CA13066 R-3 August 6, 2014 APPROVED AS TO LEGAL SUFFICIENCY: (AtA m &j I City Attorney's Office 2 1 AN ORDINANCE TO AMEND SECTIONS 2 4.10, 6.3 AND 6.4 OF THE FLOODPLAIN 3 ORDINANCE (APPENDIX K) PERTAINING 4 TO THE REFERENCE TO SOUTHERN 5 WATERSHEDS 6 7 SECTIONS AMENDED: Floodplain Ordinance 8 §§ 4.10, 6.3 and 6.4 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Sections 4.10, 6.3 and 6.4 of the Floodplain Ordinance are hereby amended 17 and reordained to read as follows: 18 19 APPENDIX K FLOODPLAIN ORDINANCE 20 21 .... 22 23 Sec. 4.10. Floodplain subject to special restrictions. 24 25 A. All FIRM delineated SFHAs located in the following areas shall be 26 identified as a floodplain subject to special restrictions: 27 28 1. North Landing River and its tributaries south of Lynnhaven Parkway; 29 30 2. West Neck Creek and its tributaries south of Shipps Corner Road, London 31 Bridge Road, and the portion of Dam Neck Road east of its intersection 32 with London Bridge Road; and 33 34 3. Bays, creeks, lakes, guts, coves, wetlands, marshes and swamps and 35 their tributaries comprising the Back Bay and Small Coastal South 36 watersheds south of South Birdneck Road and east of Princess Anne 37 Road and General Booth Boulevard. 38 39 .... 40 41 42 COMMENT 43 44 There has been some confusion as to the exact name and location of the Southern 45 Watersheds. This amendment will clarify and more accurately identify the Southern Watersheds. 46 The Small Coastal South Watershed is the portion of Sandbridge that drains into the Atlantic 47 Ocean, and should be included as part of the floodplains subject to special restrictions. 48 49 Sec. 6.3. Application Process. 50 51 .... 52 53 B. All applications shall be accompanied by the following: 54 55 1. A separate map, on a 1" =100' or greater scale, identifying all 56 proposed land disturbance, including fill and mitigation areas, and 57 the limits of the existing and proposed SFHAs, tidal and non-tidal 58 wetlands, Southern Rivers Watershed Management Area Buffer, 59 and CBPA Resource Protection Area Buffer; and 60 61 .... 62 63 Sec. 6.4. Requirements. 64 65 No variance shall be granted unless the following requirements are met: 66 67 .... 68 69 G. All variances shall meet all of the requirements for the Chesapeake Bay 70 Preservation Area Ordinance (Appendix F) and the Southern Rivers Watersheds 71 Management Ordinance (Appendix G), unless a variance therefrom is granted. 72 73 COMMENT 74 75 There has been some confusion as to the exact name and location of the Southern 76 Watersheds. This amendment will clarify and more accurately identify the Southern Watersheds, 77 as the Southern Rivers Watershed. This amendment brings the name into conformity with the 78 identification used by the Commonwealth. 2 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 t h day of September 2014. , APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ---?- ` 44?c 4Planngrtment City Attorney's Office CA13068 R-4 August 12, 2014 3 -43- Item -V-I.2a/b ORDINANCES/RESOL UTIONS ITEM #64145 Upon motion by Vice Mayor Jones, seconded by Councilman Moss, Ciry Council ADOPTED, BY CONSENT, Ordinance to CARRY FORWARD arzd APPROPRIATE previously approved funding in the FY 2013-14 Budget: a. $813, 045 to the General Fund b. $160,543 to the DEA Seized Property Special Revenue Fund Voting: 10-0 Council Members Voting Aye. Robert M. Dyer, Barbara M. Henley, Vice Mayor Shannon DS Kane, Brad Martin, John D. Moss, Hammond, Mayor William D. Sessoms, Jr., John E. L. Wood Council Members Absent.• Rosemary Wilson Louis R. Jones, Amelia N. Ross- Uhrin and James September 16, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO CARRY FORWARD AND APPROPRIATE $973,588 FOR PURPOSES PREVIOUSLY APPROVED IN FY 2013-14 INTO THE FY 2014-15 OPERATING BUDGET Whereas, funding totaling $973,588 were unexpended at the close of the in the FY 2013-14 fiscal year and require re-appropriation to achieve the purposes for which such funds were included in the FY 2013-14 Operating Budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $973,588 is hereby appropriated in the FY 2014-15 Operating Budget for the purposes and amounts as set forth in the attachment entitled "Exhibit A: FY 2013-14 Items Requested for Carry Forward into FY 2014-15," with revenue from the respective fund balances of each fund. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day pf September , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: . () ?` ?? ?? Budget and Management Serv)ces City Attorney's Office CA13099 R-1 September 3, 2014 Exhibit A: FY 2013-14 Items Requested for Carry Forward into FY 2014-15 Department Amount Purpose / Comments City Attorney's Office $ 54,694 Outside counsel for Light Rail Project. Commissioner of Revenue $ 1,391 Accela Governmentai Software annual maintenance. Finance/Director's Office $ 50,000 Contractual services for Light Rail Project. Finance/Comptroller's Office $ 26,495 Replacement costs for the Comprehensive Annual Financial Reporting System (CAFR). Public Works/Engineering $ 45,640 Studying the options for Light Rail. Planning/Environment and Sustainability $ 4,628 Virginia Land Conservation Foundation Economic Development $ 100,790 Moving offices expense: signage, millwork, AV, furniture, door, goods/services, and miscellaneous items. Cultural Affairs $ 29,074 Return of fund balance for funding to arts and cultural obligations. Non Departmental/VB Living River Trust $ 100,000 Legal and operational elements towards project implementation. ComIT/Computer Replacements $ 173,629 Continue replacement of City's computers. Museums/Aquarium $ 64,742 Completion of the digital radio system. Museums/3D Theater $ 90,000 Advertising & lease/rental of equipment for grand opening. Museums/Guest Operations $ 2,500 AED's Museums/Historic Homes Admin $ 52,962 Condition assessment reports and professional conservation of museum objects. Strategic Growth Areas $ 16,500 Costs associated with the move and build out: locks, glass, furnishings, duct work, cabinetry, bookshelves, electrician work, and recessed lighting. TOTAL GENERAL FUND $ 813,045 Police - DEA - Speciai Investigative Division $ 160,543 Originally appropriated from funds given by the Office of the Attorney General to use for Crisis Intervention Training of Law Enforcement over a two year period. TOTAL DEA SEIZED PROPERTY SPECIAL REVENUE $ 160,543 FUND TOTAL CARRY FORWARDS $ 973,588 -44- Itenz -V-I.3 ORDINANCES/RESOL UTIONS ITEM #64I46 Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council ADOPTED, BY CONSENT, Resolution to ESTABLISH a Domestic Violence Fatality Review Team to be appointed by Ciry Council and annually report to City Council Yoting: 10-0 Coarncil Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson September 16, 2014 A RESOLUTION ESTABLISHING A DOMESTIC VIOLENCE FATALITY REVIEW TEAM FOR VIRGINIA BEACH 1 WHEREAS, the Virginia General Assembly, upon the request of a task force of 2 the Virginia Commission on Family Violence Prevention, adopted legislation designed to 3 address domestic violence fatalities; and 4 WHEREAS, this legislation, found at Virginia Code § 32.1-283.3, authorizes 5 localities to establish family violence fatality teams "to examine fatal family violence 6 incidents and to create a body of information to help prevent family violence fatalities"; 7 and 8 WHEREAS, the Commonwealth's Attorney has requested, and the City Manager 9 has recommended, that the Virginia Beach City Council establish a domestic violence 10 fatality review team (the "Review Team") for Virginia Beach; and 11 WHEREAS, the City Council agrees that establishment of such a Review Team 12 would serve an important public purpose and therefore wishes to establish such a team 13 for Virginia Beach. 14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA, THAT: 16 1. The Virginia Beach Domestic Violence Fatality Review Team (the "Review 17 Team") is hereby created. 18 19 2. The purposes of the Review Team shall be: 20 a. To engage agencies, organizations and systems which provide services to 21 victims and perpetrators to identify gaps in system responses and provide for 22 increased communication and collaboration amongst the agencies involved; 23 and 24 b. To operate under the assumption that all persons and agencies involved care 25 deeply about preventing violence within the family and operate in good faith, 26 using best judgment and information available at the time; and 27 c. To evaluate events that lead to family and intimate partner violence fatalities; 28 and 29 d. To offer recommendations that will benefit the community and improve public 30 safety. 31 32 3. The Review Team shall have the authority to review the facts and circumstances 33 of all fatal family violence incidents that occur within Virginia Beach. All 34 information and records obtained or created regarding the review of fatality shall 35 be considered confidential and shall be excluded from the Virginia Freedom of 36 Information Act, in accordance with Virginia Code § 2.2-3705.5(9). 37 38 4. The Review Team shall consist of the following: 39 a. A representative from the Virginia Beach Commonwealth's Attorney's Office, 40 designated by the Commonwealth's Attorney. 41 b. A representative from the Virginia Beach Police Department. 42 c. A representative from the State Medical Examiner's Office. 43 d. A representative from the Virginia Beach Department of Social Services. 44 e. A representative from the Samaritan House. 45 f. A representative from the Virginia Beach Community Corrections and Pretrial. 46 g. A representative from the Virginia Beach Magistrate Office. 47 h. A representative from the Virginia Beach Victim-Witness Office. 48 i. A representative from Fleet & Family Support Services. 49 j. Other representatives from organizations or other professionals as defined in 50 the Domestic Violence Fatality Review Resource Manual developed by 51 Virginia's Chief Medical Examiner. 52 k. A Virginia Beach Fatality Review Team facilitator. 53 54 5. The members of the Review Team shall elect a Chair or Co-Chairs and a Vice- 55 Chair. The Review Team may organize itself into subgroups in order to facilitate 56 its work. 57 a. The Virginia Beach Fatality Team facilitator shall be responsible to organize 58 the Review Team's initial meeting at which the Chair or Co-Chairs and Vice- 59 Chair will be selected and the Team will establish its operating procedures. 60 b. The Review Team shall refer to the Domestic Violence Fatality Review 61 Resource Manual developed by Virginia's Chief Medical Examiner as a 62 means to organize itself and conduct its activities. 63 64 6. The Review Team's activities will be governed by the provisions of Virginia Code 65 § 32.1-283.3 as it may be amended from time to time. 66 67 7. The members of the Review Team shall serve as such without compensation. 68 69 8. The Review Team shall submit an annual report to the City Council in order for 70 the Council to evaluate the continued need for the Review Team and its 71 activities. 72 Adopted by the Council of the City of Virginia Beach, Virginia on the 16th 73 dayofSeptember 2014 APPRO ED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ? r Commonwealth's Attorney's Office City Attorney's Office CA13096 R-2 September 2, 2014 -45- Iteni -V-I.4 ORDINANCES/RESOL UTIONS ITEM #64147 Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council ADOPTED, BY CONSENT, Resolution to APPROVE a contract between the Community Services Board and the Conamonwealth of Virginia re mental health, retardation and substance abuse Poting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson September 16, 2014 1 A RESOLUTION APPROVING A CONTRACT BETWEEN 2 THE COMMUNITY SERVICES BOARD AND STATE 3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 That the City Council hereby approves Fiscal Year 2014-15 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. 16th Adopted by the Council of the City of Virginia Beach, Virginia on the day of September , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services ;5Z77C City Attorney's Office CA13081 R-1 August 18, 2014 EXHIBIT A FY 2015 CommunitY Services Performance Contract ProposaE Summary Proposed Number of Program Service Unit Funding Consumers Mental Heatth Outpatient Services $7,154,893.00 3644 Case Management Services $3,915,380.00 2054 Residential Crisis Stabilization Senrices $2,541,987.00 490 Ambulatory Crisis Stab $495,121.00 242 Day Treatment/Partial Hospitalizatian $945;571.00 95 Rehabilita#ian/Habilitation $2,374,295.00 412 Intlividual Supported Employment $128,401.00 26 SuperVised' Residential Services (551 ) $1;889;172.00 47 Supportive Residential SerViCes (581) _ $1,439,754.00 233 Discharge Assistance Project (DAP) 32 MH Child and Adolescent Services Initiative 85 Juvenile Detenfion Cenfer 270 Pharmacy 216 PATH 160 Developmental Services Outpatient Services $354,518.00 20 Case Management Services $3,090,018.00 801 Rehabilifation $4,308,777.00 2.19 Supportive Residential Services $2,980,912.00 79 Supervised Residential Services $357,173.00 4 lntensive Residentiaf $2,912,422.00 26 Group Supported Erriployment $673,859.00 55 Individual Supported Employment $969,221.00 215 Highty Intensive Residential $12,077,514.00 49 Substance Abuse 4utpatient $402,661.00 190 Case Management Services __. $2,519.00 4 Day Treatment/Partial Hospitalization $141,547.00 50 Highly Intensive Residential Services $824,233.00 160 Intensive Residentiaf Services $82,712.00 40 Supporfive Residential Services $413,197.00 30 Prevention Services $1,410,992.00 N/A Proposed Number of Program Service Unit Funding Consumers Services Available Dutside of a Program Area Emergency Services $1,739,480.00 2904 Assessment and Evaluation $303,475.00 531 Motivationa! Services $226,046.00 1418 Consumer Monitoring Services $226,803.00 364 Pro.gram Admin & Centralized Services $4,479,138.00 All Consumers Total Funding $54,407,663.00 No#e: Program Admin & Centralized Services @$4,479,138 is allocated among all service costs. FY 2015 And FY 2016 Community Servi.ces Perforcuance Confract FY 2015 Ezhibit A: Resources and Services Vrginia Beach Communify 5ervices Board ConsolEdafecl Bodget (Pages AF-3 thraugh AF-S) Funding Sources Menta.l Health Services Developmenkal 5etv7ces Substance Abuse Services 30TAL State Funds 6.531;709 836.973 2,215:770 9583:852 ? Local Ma3ching Funds 8.430.272 7.205,433 1,258;628 76894;333 Tota! Fees 5.153,453 19.706.724 776.033 25.676.210 Transfer Fees In/(put) Q U 0 0 Federal Funds 960.424 0 1,714,219 2.174:243 Other Funds 0 0 0 : 0 5tafe Retained Eaknings 79,025 0 9 79,025 Federal Refained Eamings 0 ?"?- .' __-- --- U 0 _+ . . Other Refiained Earnings .?____._.._._. -.?...--- -----_.___.?. 0 _-----._.--- 0 ---- ---- 0 -- -.--- -- 0 ----.--,..-..?._ Subt4tal C]ngoing FundS 20.694,483 27,749.130 5,964,050 54,407;663 State Funds One-Time 0 p p FederaE Funds One-Time 0 .. . ? Q Q SUb#otal One Tirna Funds o 0 ? 0 0 7O7ALALL FUNDS 20.694.483 27.749.13U 5.96?4:O?SU ?4.4U7.663 ? Costfor MH1DV15+4 Services 20.894.584 27,739.414 3.277,861 51.911.859 Cost for Emergency Serwices (AP A) 7,739,480 Cost for firtallary Serv'tces (Ai-4) 756.324 ? T0tal COSt 54.407.663 Local Match Computation Tota! 5tate Funds 9.583.852 Total Local Matching Funds 16.894.333 '€ataf State and LacaE Funds 26.478.785 Tota) Laca[ Match %a LecaElTo:ai 5ta:e + L:.ea'., s3.sb/o CSB AdnninEstratlve Expenses ? J Total Admin. Expenses 4,479,138 7otal E.xpenses 54.407,663 Adminlstrative Percent 6.23% Re]7art Drate 91212014 aF-1 FY 2015 Carrimunify Services Per#ormance Contract Financial Summary Exhibit A: Resources and Services Mental Nealth (MH) Servlces Virginia Beach ComrreunELy Services Board Funding Sources Funcis FEES MFE Medicaid Fees 4,318,848 MH Fees: Other 874,605 Tofal MH Fees 5,193,453 MH Transfer Fees Inf(Out) 0 MH Ffet Fees 5,193,453 FEDERAL F€11dDS MF! FBG SED Chfld & Adolescent (93.958) 221.924 MFi FBG SMI (93.958) 15,184 MN FBG SMI PACT (93.958) 0 MH FBG SMI SWVIUIli Board (93_958) o 7otat MH FBG SMI FUNDS • 15,184 MH FBCy Geriatrics (93.958) 0 -_--.M-}i-FBC-£vnsdmer-Services-}5?958}_-_ --- Ta1al MH FBG Adutt Funds 15,784 MH Federal PATH (93.150) 21,955 MH Qther Federal - DBH DS 0 MH Other Federal - CSB 20.0,961 TOTAL BAH FEDERAL FUNDS 460,024 STATE FllN[}S Reqional Funds AtJH Acute Care (Fiscal Agent) fl MH Acui2 Care Transfer Inl(Dut) 4 MH Net Acate Care - Restricted fl MH Regional DA.P (FBsca1 Agent) 0 MH Regional 4AF Transfer In!(biut) 0 MH Net liegianal DAP - Restricf.ed 0 MH Crisis 5tabilizatifln (Fiscal Agent) 4 MH Recovery (Fiscal Agent) 0 MH Other Merged Regianal Funds (Fiscal Agent} d MH Total Regiortal Transfer ln!(Qat) 2,056,612 MH Net Unrestricted Reginnal State Funds 2,05E,812 Total MH Net Regional state runds 2,056;692 Keport flats 9/2/2014 AF3 FY 2013 Community Services Perfortnance Cor?tract Finarecial Summary Exhibit A: Resaurces and Seruices Menfial Hea€th (MW) Services Virginia Beach Commurtify Services Board Fanding Sources GhiEdren Staite Ftjncis MH Chi3d & Adolescent Serviaes lnitiafiue MH Children's Outpatient Services Total MH Reglricted Children's Funds MH State Chifdren's Services MH Juvenils Detention MH IDenZO Proj-System of Care (Child) Total MH EJnrestricted Children's Funds INH Crisis Respvnse & Chitd Psychiatry (Fiscat Agent) MH Csisis Resportse & Child Psychiatry'fransfer In/(Out) Total AAH Het Restricted Crisis Respanse & Cbild Psychiatry Total MN State Childreds Funds Funds 338,661 76,000 413.661 25,000 11't,724 0 136,724 0 88,690 88,690 639,U75 MH Law Reforrn 397,790 NJH Pharmacy - Medfcation Supports 29,949 iNH Jail Diuersion Services 354,300 MH Adult Outpatient Compebency Restaration Srvs Q ItiiIH CI7 Assessrnent Sites a MH Expanded Gommunity Capacity (Fisca[ Agerrt) 0 MH Expanded Cammunity Capacity 7ransfer In/{Qut) 296,388 Total MN Net Expanded Gommun'rty Capacity 296,385 Mti 2014 I]AP (Fiscal Agent) 0 MH 2094 DAP Transfer inl(ppt) 0 Total 14fH Net 2014 DAP 0 Total MH Restricted Other Sfate Funds 1,078,4?25 MH State Funds 2,757,597 MH 5tate Regional Deaf 5enrices 0 MH State NGRI Funds Q MH PACT 0 MH Geriatrics Services 0 Total MH Unrestricted E7ther State Funds 2,757,597 Total MH Other State Funds 3,836,022 TOTAL MH STATE FUNDS 6,531,709 RepartOafe 9/2/2014 AF-et FY 2015 Gommunity Services Perfomtartce Gontract Financia! Sutnmary Exhibit A: Resources and Services Merrtal Heallh (R11hE) 5ervices l/irginia Beach Community Services Board Fanding Saurces Fands OTHER FUNDS MF! Other Funds 0 MM Federal Retained Eamings a MH Stabe Retained Earninys' Q MH Sfate Retained Earnfngs - Regfonal Prog 79,025 MH Cither Retained Eamings 0 Tota3 MH Other Funds 79A25 L,OCAL IYfATCH1NG FUNDS MH Local GoverrrnmentAppropriations 8,430,272 MH Philanthropic Cash CoRtributio?TS a MH Irt-Kind Contribu#ians ? fwH Loaal [nterest Revenus 0 Tofal MH Local Mabching Furttls 8,430,272 ...__-------------------------'Fotal-#H-Funtis--._--------- -,..----------•--2U;?94;48?. -.-- -- - ----- --- --------=--•----: ONE TiME FUNbS MH FBG SMI (93.958) 0 MH FBG SEQ Child 8 Adolescent (83.958) 0 INii FBG Consumer Services {93.958} 0 MH Sfate Funds 0 Total MH One'Fime Funds 0 Tota1 MH AU Funds 20,694,483 Repart Date 9/2t2014 AF•5 FV 2015 Cammurtity Seruices Performance Contraet FinanGlai Summary Eyllblt A: RBSQUfCBS a13d SEfY1G8S Devefopm en#a! Services (QV) Verginia 8each Commanity Services Bnard Fanding Saurces Funds FEES DV Other Medicaid Fees 7,661,938 DV Medicaid ICF/ID Fees 10,509,081 DV Fees: Other 1,535,705 Tatal DV Fees 19,706,724 DV Trarisfer Fees In/(Out) o DV NET FEfS 19,706,724 FEDERAL FUNI3S DV dfher federal - DSliDS D DV Other Federal - CSB 4. TOTAL DV FEDERAl. FUNDS 0 . . =---------_-.,-.-__.-, STATE FUNDS...__.... -- -- --------- ----------- - --• - DV State Funds 809,658 DV OBItR 27,915 Total DV l3nrestricted State Funds 835,973 DV CrWs Stabilization ifiscal Agentj 0 15+! Renta! Subsidies 0 D1/ Crisis 5tabiltaation - Children 0 TO'fAL DV Restrfcted State Funds d TOTAC DV STATE FUNQS 835,973 OTHER FUNDS DV Workshup Sales 0 DV Other Funds D DV State Retaineci Earnings a DVState Retained Earnings-l2egiorsal Prog a 17V dther Retained Earnings D TOTAI DV OTHER FUNDS 0 - LOCAl. MATC#i1NG FUNQS DV Loca1 Governrnent Apprvpriations DV Philanthropic Cash Contributions DV In-Kind Contributions DV Lvcal fnterest Revenue TOTAL DV LQCEtL MATCHIlVG FUNDS TQtat DV A1t Funds 7,205,433 Q 0 0 7,205,433 27,749,13(3 ReportDate 9/212014 AF-6 FY 2015 Camrrtunity Services Performance Contract Financial5ummary EachPbit A: Resources and Services Substance Abuse (5A). Senrices Virginia Beach Cnmmunity Services Bvard Fanding Saurces Funds FEES . SA Meditaid Fees 545,345 51t FeeS: Other 130,688. Total SA Fees 775,033 SA Transfer Fees In/(out) o: .. sa ruer FEEs 776,033 FEDEEtAL FUNDS SA FBG Alcvhol f arug Trmt t93.959) 9$5,96$ SA FBG SAFiPOS (93.959) 65,231 SA FBG laif Sefvices (93.959) 165,147 SA FBG Co-OGcurring (93:959) 34,574 SA FBG IVew Directians 93.959)__ ?..0- - •- -----= --= ----- =? _.._---..__.??_ SA FBG Rewvery (93.959) 0 7"bta! SA FBG A/D Trmt Funds 1,250,920 SA FBG Women (incfudes t(NK at 6 C56s) (93.959) 167,279 SA FBG Prevention-Women (LlNK) (93.959) 20_000 Total SA FSG 1Narrten Funds 187,279 SA fSG Prevention {93.959} 276,020 SA FBG. Prev-Family 1Nellness (93.959) 7atal SA FBG Prevention Funds 276,W0 SA Other Federal - CIBHDS 0 SA dther Federal - CSB g TOTAI, SA FEDERAL FUNDS 1,714,219 STAiE FIiNDS Regional Funds SA Facllity Reiorrestment (Fiscai Agent) 0 SA Facility Reinveskment Transfer In/(Out) 4769036 SA Net Facility Reinvestment 476,036 Report Darte 91212014 AF-7 FY 2015 Community Services Performance Contract Financiai Summary ExhibitA: Resources artid Services SubsCance Abuse (SA) Services Virginia Beach Cammun'?ty Services BQard Funding Snurces Funds Other State Funds SA Women (incFudes LINK at 4 CSBs) (Restricted) Unresiricted Other State Funds Sq State Funds SA Region V Resiclential SA.fail 5ervicesJluv Detention SA iVlAT - Medicaqy Assisted Treatment SA SARPOS SA Ftecovery SA F{IV/AIDS Tatal SA Unrestricted Uther 5ta#e Funds TOTAL SA STATE FUNDS OTHFIt FIJNDS SA Qther Funds SA Federal Retained Earnings SA Sfate Retained F.arnings SA 5tate Retain'ed Earnings-Regional Prog SA Other Retained Eamings TQTAL SA OTHER FUNDS LOGAL MATCHl11fG FUNdS SA Loca[ Government Appropriatians SA Philanthropic Gash Contributions SA fn-Kind Cantributians SA Local Irt#erest Revenue TOTAL SA LOCAL MATCFfING FUNDS TOTAL SA Funds ONE-T[ME FUNDS SA FBG Alcakol/Drug 7rmt (93.959 . SA FBG Utilomen (includes L[NK-6 CSBs) (93.959) SA FBG Prevention (93.959) 5A State Funds TOTAL SA ONE-TIME FUNAS TOTAL A!L SA Funds ReporC Date 9/2 j2014 1,800 1,400,234 131,215 27,216 0 76,097 0 102,572 1;737,334 ------?.;739r134.. :-- ? - -..: .-• - --...---._..v.? ---.._.. ?-.----,.. 2,215,170 0 0 Q D 0 0 1,238,628 0 0 0 1,258;528 5,964,050 0 0 0 0 0 5,954,1350 AF-S FY 2015 Community Services Performance Contract Lacal Gvvernment Tax Apprapr€ations Vlrg€nia Seach Cornmunitq 5ervice5 Board Gity/County 'fax Appropriation Virginia Beach City 16,$94,333 Total Local Gavernment Tax Funds: 16,894,333 Repart ()ate 912120I4 AF-9 FY 2015 And FY 2016 Community Services Perfarmance Contract FY 2015 Exhibit A: Resources aIId Services Suppiemental Information Reconciliativn: of Projected Revenues and UtiliT.ation Data Core Services Casts by Program: Area Virginia Beach Comndunity Servites Board mH DV SA Emergency Aneillary Services Services Services Serv[ces SBrvices Tofal Tofa1 AI1 Faods (Page AF-1) 20,694,483 27,749,130 5,964,050 54;407,663 Cost for MH, DV, SA, Fanergency, 20,894,584 27,739,414 3,277,861 1,739;480 756,324 54,407,663 aRd Ancillary Services (Page AF 1) _ I}ifference -ZOO,IOI 9,716 2,586,189 =1,739,480 -756;3Z4 0 -Drfferweeresults-from-- ---- -- -- - -- -- --- --- -- - --.-=- --=---- - Others 0 Expianation of Other in T$b!e Abave; ReportDate 9/2/20 14 AF-10 FY 2015 And FY 2096 Commurtity Services PerFormance Contract FY 2075 Exhibit A: Resources and Services CSB 7 00 Mental Heal#hh Services Yirginia Beach Communify Seruices Board Report for Form 11 Core Services Code I'rojected Service Capacity I'rojected Cos" 310 Oufpatieirt Servicas 3425 FTEs $7;164,893 320 Case Management Services 54:16 FTEs $3,915,380 410 Day Treatment or Partial Hospitalization 42 S1v#s $945,571 420 Ambulakory Crisis Stabilization Services 6 Siots $495,129 425 IlrFental Hea[th Rehabifit2tion 175 Slofs $2374,295 460 Indivitlua! 5upported Empfoyment 1.5 FTEs $128,401 510 Residerrtial Crisis Stabiliza#ion Services . .-.___._._.......----------._._.....-?.._.------•-----•-°----._.__.-.:_.. 13 Beds $2,541,9$7 _ ._ 551 Supervised Residential Services 32 Beds $1,889,172 581 Supportive Residenfial Services 11 FTEs $1,439,764 T4tel C4stS $20,804,694 Repart ]late 9J2f'Z014 AP-i FY 2015 And FY 2416 CammunEty Services Perfarmance Contract FY 2015 Exhiait A: Resouress and Services CSB 200 Develapmental Services 3/irginia E3each Community Services Board lteport for Form Zl Core Services Code ? Projected Service Capacity Projected Costs ?310 Outpatient Services ' 4_75 FfEs $369,618 _. =- 320 Case Management Senrices 35_15 F1'Es $3,090,018 425 Developmental iiabilrtation 197 SEots $4,308,777 465 Group Suppnrled Empiajrment 24 Slots $673,859 460 IndiviBual Suppoited Ernployment i 12.8 FTEs $969,221 501 Developmenial iiigh[y Intensive Residential Services (Comr?iunity-Based ICF/ID 5etvices) 47 Beds _ $12,077,314 521 Interisiue Residentia[ Services ----------...--•------------- -----_....---- - ---•-------.?_----- - __ __ __ 25 Beds ?. -. .-.._..__? - $4812,422 ___ 551 Supenrised Residentiaf Services 4 Beas $357,173 581 Svpportive Residerrtia! Services 32 FrEs $2;980.912 Total Costs EZ7.739,414 12eportDuse 9C.L/2014 AP-2 F'Y 2015 And FY 2018 ComtttuniEy Services C'erformance Contract FY 2015 Exhibit A: Resources and Services CSB 300 Substance Abuse Services Virginia Beach Community Services Board Report for Form 31 Core Services Code Projected serviGe capacity Projected costs 1310 Outpa6ent Sefvices I ? 2 FTEs $402,661 320 Case Management Serrrioes 4_025 FTEs $2,519 410 Day Treafinenf ot Parfia! HnspitalizaEion 3 slots $741,547 501 Subsfance Abuse Highly frdensive Residential Services (Medically Managed Withdrawal Senrices) 4 Beds $$24,233 521 Intensive Residential5ervices 4 Beds $82,712 587 Suppartive Residentiaf Services 2.5 FTEs $413,197 610 PrevenSon Setvices - -- 9.{l3 FTEs $1,490,992 TOtaI Cpst$ 53,277;861 Report Date 912/2014 AP-3 FY 2015 And FY 201 fi Community Services Pertormance Contract FY 2096 Exhibif A: Resources and Services CSB 400 Einergency and Ancillary SeroECes Virginia Beach Gommunitjt Services Board Report for Form Ol . Core Ser+vices Code Projeeted Service Gapacity projeeted Gosts 100 Emergency Services 15.75 FTEs $1,739,480 31$ Motivational TreaEment Services ? 380 Gonsumer Monl#orirtg Senrices ? 2.5 FTEs 3:13 FTEs $226,046 $226,803 720 Assessment and EValuation Services 1.5 FTEs $303,475 T8ts1 Gosts $2.495,804 Report Date 9!212014 AP-4 -46- Item -V-I.S ORDINANCES/RESOL UTIONS ITEM #64148 Upon motion by Vice Mayor Jones, seconded by Councilman Moss, Ciry Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE the Establishment of Robbie's Ambulance Service with an annual EMS Permit re private ambzilance services Troting.• 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. UhYin and James L. Wood Council Members Absent.• Rosemary Wilson September 16, 2014 1 A RESOLUTION TO APPROVE ESTABLISHMENT OF 2 ROBBIE'S AMBULANCE SERVICE, INC. IN VIRGINIA 3 BEACH AND TO APPROVE AN ANNUAL EMS PERMIT FOR 4 PROVIDING PRIVATE AMBULANCE SERVICES 5 6 WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must 7 approve the establishment of an emergency medical service organization in the City of 8 Virginia Beach; and 9 10 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 11 10.5-2 , any individual or organization that desires to operate an emergency medical 12 services agency or emergency medical services vehicles in Virginia Beach for emergency 13 transport or non-emergency transport purposes must apply for a permit; and 14 15 WHEREAS, a request for establishment and an application for a permit has been 16 received from Robbie's Ambulance Service, Inc.; and 17 18 WHEREAS, this request and application has been recommended for approval by 19 the Virginia Beach Department of Emergency Medical Services; and 20 21 WHEREAS, City Council finds the approval of this request and application is in the 22 best interests of the citizens of Virginia Beach as it will assure continued and adequate 23 emergency services and will preserve, protect and promote the public health, safety and 24 general welfare of the citizens. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the request of Robbie's Ambulance Service, Inc. for the establishment of its 30 emergency medical service in the City of Virginia Beach, and its application for an annual 31 EMS permit for providing private EMS ambulance services in the City of Virginia Beach is 32 hereby approved and granted, effective immediately and until June 30, 2015. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16thday of 35 September ,2014. APPROVED AS TO CONTENT: ? E rgency Medical Services APPROVED AS TO LEGAL SUFFICIENCY: LAMA City Attorney's ffice CA13095 R-1 September 2, 2014 -47- Iten: -V-I.6 ORDINANCES/RESOL UTIONS ITEM #64149 Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council DENIED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into portions of City property for Michael and Lynda Tubridy re an existing walk and construct and maintain a vinyl fence and landscaping adjacent to 205 Aqua Lane DISTRICT 6- BEACH T/oting.• 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson September 16, 2014 -48- Itenz -V-I.7 ORDINANCES/RESOL UTIONS ITEM #64I50 Upon motion by Vice MayoY Jones, seconded by Councilman Moss, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $56, 000 to the Sheriff's FY 2013-14 OpeYating Budget re excess expenditures and encumbrances Yoting.• 10-0 Coirncil Members Voting Aye: Robert M. Dyer, BarbaYa M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson September 16, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO TRANSFER FUNDS TO THE FY 2013-14 OPERATING BUDGET OF THE SHERIFF'S OFFICE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $56,000 is hereby transferred from FY 2013-14 General Fund Reserve for Sequestration to the FY 2013-14 Operating Budget of the Sheriff's Office to fund excess expenditures and encumbrances. 2. This ordinance is effective immediately to allow accrual of the above transfer to fiscal year 2014. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of September 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attorney's Office CA13098 R-1 September 2, 2014 -49- Ite»i -V-J PLANNING 1. FIVE DOG NIGHT, LLC 2. TODD SWEIGART and MICHELE MATTIOLI 3. COASTAL BUILIDNG GROUP 4. CAROL YNLA TIOLAIS 5. WEST PERSHING, LLC/ 58TH STREET WAREHOUSE, LLC 6. VERIZON WIRELESS 7. VIRGINIA SEAGULL TRAVEL BUS, INC. 8. PAUL BRADLEY dba BRADLEY MARINE, INC. 9. PRINCESSBORO DEVELOPMENT ITEM #641 SI FLOODPLAIN VARIANCE and MODIFICATION OF CONDITIONS ENLARGEMENT OF NON- CONFORMING USE SPECIAL EXCEEPTION FOR ALTERNATIVE COMPLIANCE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING September 16, 2014 -50- Item -V-J PLANNING ITEM #64152 Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2, 3, 4, S, 6, 7, 8 and 9 of the PLANNING AGENDA. Yoting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson September 16, 2014 -51- Item -V-J.l PLANNING ITEM #64I53 Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of FIVE DOG NIGHT, LLC. for a Floodplain Variance and Modi acation of Conditions of a Conditional Use Permit (approved February 22, 2005) re a Veterinary office and Care Center at 1515 Drakesmile Road (Deferred from July 9, 2014) DISTRICT 3 - ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of FIVE DOG NIGHT, LLC. for a Floodplain Pariance and Modi acation of Conditions of a Conditional Use Permit (approved February 22, 2005 ) Ye a Veterinary office and Care Center at 1515 Drakesmile Road (Deferred from July 9, 2014) (GPIN1495466961) DISTRICT 3 - ROSE HALL The following conditions shall be required: 1. All conditions attached to the Conditional Use Permit (CUP) granted by the City Council on February 22, 2005, are deleted and replaced with the conditions listed below. 2. With the exception of any modifications required by any of these conditions, or as a result of Development Site Plan review, the Site shall be developed substantially in conformance with the conceptual Layout Plans entitled, "Floodplain Exhibit of Five Dog Night, LLC, Animal Kennel, Virginia Beach, VA, " and "Conditional Use Modification Exhibit of Five Dog Night, LLC, Animal Kennel, Virginia Beach, VA, " dated July 23, 2014, prepared by Site Improvement Associates, Inc. Said Plans have been exhibited to the Virginia Beach Ciry Council and on file in the Planning Department. 3. The Proposed Buildings depicted on the Plan referenced in Condition No. 2 above , when constructed, shall be in substantial conformance with the exhibits entitled, "Five Dog Night, LLC, Proposed Building Renderings. " The Existing Building referenced on the exhibit referenced in Condition No. 2 above as such, shall be constructed as represented on the elevations entitled, "Proposed Elevations of Johnson Kennels, " prepared by Martirr & Martin Architecture, Inc., dated December 2004. 4. Consistent with the 2005 City Council approval, the Shipps Corner Road ingress/egress is limited to a right-in and a right-out only. 5. Unless othenvise required by the Planning DepaYtment/Development Services Center, the on-site floodplain mitigation shall be as depicted on the Plan and the detail referenced in Condition No. 2 above. 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 Sixteenth day of September, Two Thousand Fourteen September 16, 2014 i Item -V-J.l PLANNING Yoting: 10-0 Council Members Yoting Aye: -52- ITEM #64153(Continued) Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Roseinary Wilson September 16, 2014 -53- Item -V-J.2 PLANNING ITEM #64154 Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of TODD SWEIGART and MICHELE MATTIOLI for an Enlargement of a Non-Conforming Use at 5000 Atlantic Avenue DISTRICT S- LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of TODD SWEIGART and MICHELE MATTIOLI for an Enlarkement of a Non-Conforminiz Use at 5000 Atlantic Avenue (GPIN 2418883978) DISTRICT 5- LYNNHAVEN The, following conditions shall be required: 1. The Site shall be developed substantially in accordance with the submitted Site Plan entitled "Non-Conforming Use Exhibit", dated August 20, 2014, and prepared by WPL. Said Plan has been exhibited to the Virginia Beach City Council and on file in the Planning Department. 2. The exterior appearance of the dwelling shall be in substantial conformance with the submitted colored elevation drawings labeled `Southside Elevation, '`Rear Elevation ' and `Front Elevation '. 3. The two live oak trees, as shown on the Plan referenced above, and the evergreen trees adjacent to 500 Street shall be retained. The limits of construction shall be delineated on the Site to protect the integrity of each tree's root system. This OYdinance 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 Sixteenth day of September, Two Thousand Fourteen September 16, 2014 -54- Itenz -V-J.2 PLANNING Voting: 10-0 Council Members Voting Aye: ITEM #64154(Continued) Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Coitncil MembeYS Absent: Rosemary Wilson September 16, 2014 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 5000 ATLANTIC AVENUE 4 5 WHEREAS, Todd Sweigart and Michele Mattioli, (hereinafter the "Applicants") 6 have made application to the City Council for authorization to enlarge a nonconforming 7 use located at 5000 Atlantic Avenue in the R-5R Resort Residential District; and 8 9 WHEREAS, this lot contains a single-family dwelling and a garage apartment, 10 which are not allowed on one lot within the R-5R Resort Residential District, however, 11 the dwellings were built prior to the adoption of the applicable zoning regulations and 12 are therefore nonconforming; and 13 14 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 15 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 16 City Council authorizing such action upon a finding that the proposed use, as enlarged, 17 will be equally appropriate or more appropriate to the zoning district than is the existing 18 use; 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the City Council hereby finds that the proposed use, as enlarged, will be 24 equally appropriate to the district as is the existing nonconforming use under the 25 conditions of approval set forth hereinbelow. 26 27 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 28 BEACH, VIRGINIA: 29 30 That the enlargement of the nonconforming use is hereby authorized, upon the 31 fotlowing conditions: 32 33 1. The site shall be developed substantially in accordance with the submitted 34 site plan entitled "Non-Conforming Use Exhibit", dated August 20, 2014 35 and prepared by WPL. Said plan has been exhibited to the Virginia Beach 36 City Council and is on file in the Planning Department. 37 38 2. The exterior appearance of the dwelling shall be in substantial 39 conformance with the submitted colored elevation drawings labeled 40 `Southside Elevation,' `Rear Elevation,' and `Front Elevation.' 41 42 3. The existing evergreen trees along 50th Street shall remain to screen the 43 house and pool area. Should the trees become diseased or die, they shall 44 be replaced in accordance with the City of Virginia Beach Landscaping 45 Guide. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day 48 of September , 2014. APPROVED AS TO CONTENT i Pla rtment APPROVED AS TO LEGAL SUFFICIENCY: , 4. - -k, City Attorney's Office CA-13097 R-2 September 8, 2014 2 -55- Item -V-J.3 PLANNING ITEM #641 SS Upon motion by Vice Mayor Jones, seconded by Councilman Moss, Ciry Council, APPROVED/CONDITIONED, BY CONSENT, Application of COASTAL BUILDING GROUP, LLC for a Special Exc!?ption for Alternative Compliance re Form-Based Code in the Oceanfront Resort District at 520 21 s` Street DISTRICT 6- BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of COASTAL BUILDING GROUP, LLC for aSpecial Exception {or Alternative Compliance re Form-Based Code in the Oceanfront Resort District at 520 21S` Street (GPINs 2417987080; 2417988034) DISTRICT 6 - BEACH The following conditions shall be required: 1. With the exception of any modifications required by any of these conditions, or as a result of development Site Plan review, the layout of the site shall be substantially as shown on the Site Plan entitled "CONCEPT PLAN, LOTS 20, 22, 24, BLOCK 45 " dated May 28, 2014, as prepared by Gallup Surveyors and Engineers, LTD. Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 2. With the exception of any modifications required by any of these conditions, or as a result of reviews under the International Building Code, the dwellings on the Site shall be substantially as shown on the drawings entitled "LPS-1837 ", dated 611212014, "LPS-2313 ", dated 611212014, and "LPS-2313 Alt. ELEVATIONS, " dated 7/1712014, as drawn by J Bengtson. Said drawings have been exhibited to the Ciry Council and on file in the Department of Planning. 3. At the time of installation and at any time of maintenance or replacement, the landscaping, fencing, pavers, and use of trellises, shall substantially be as shown on the submitted Landscape Plan titled, "ZANDSCAPE PLAN LOTS 20, 22, 24 " and dated 713112014. Said drawing has been exhibited to the City Council and is on file in the Department ofPlanning. 4. A Subdivision Plat shall be submitted to the Planning Department/Development Ser-vices Center for approval. Said Subdivision Plat shall show the removal of the existing interior lot line and the dedication of 2.5 feet along the Southern lot line to the City of Virginia Beach. 5. The applicant shall make all proposed right-of-way improvements as required for 21S` Street and 20`''1/z Street as further required by Public Works/Traffic Engineering and Planning/ Development Services Center as part of the Development Site Plan review. 6. The existing curb-cut/driveway access located on 21S` Street shall be removed. 7. The portions of the driveways called out as "PROPOSED PAVER DRIVEWAY, " as well as the patios, shall be constructed of permeable pavers. The driveway runners may be paved. September 16, 2014 -56- Itenz -V-J.3 PLANNING ITEM #641SS(Continued) 8. All landscaping must be maintained in good health. All landscape that fails to grow or is determined to be in poor health shall be replaced with a similar type of plant that conforms to the landscaping depicted on the Plans referenced by Condition No. 3. All replacement landscaping shall be approved by the City Landscape Architect for consistency with the conditioned Plan. 9. All mechanical equipment, including but not limited to HVAC units, shall be screened year-round by landscaping or fencing. Screening shall, at a minimum, be the height of the equipment. This OYdinance 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 Sixteenth day of September, Two Thousand Fourteen Tloting: 10-0 Coacncil Members Voting Aye. Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson September 16, 2014 -57- Itenz -V-J.4 PLANNING ITEM #64156 Upon motion by Vice Mayor Joyzes, seconded by Councilman Moss, City Council, APPROVED/CONDITIONED, BY CONSENT, Appldcation of CAROLYN LATIOLAIS for a Conditional Use Permit re truck and trailer rentals at 1209 Baker Road DISTRICT 4- BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CAROLYN LATIOLAIS for a Conditional Use Permit Ye truck and trailer rentals at 1209 Baker Road (GPIN 1458999842) DISTRICT 4 - BAYSIDE The following conditions shall be required: 1. There shall be no more than a total of five (S) vehicles (including trailers) on the Site. The storage and display location shall be limited to the `Designated Parking Area' as shown on Map two (2) on page nine (9) of this report. 2. No vehicles shall be parked within any portion of the public right-of-way; and, furthermore, no vehicle shall be parked within ten (10) feet of the public right-of- way on Baker Road or Northampton Boulevard. 3. Vehicles and equipment that are too large to fit in a parking stall shall be parked perpendicular to as many parking stalls as necessary in the far NoYthwest corner of the parking lot. 4. No repair, washing, or detailing of vehicles or equipment shall be permitted on the site, and no outside storage of parts, wrecked or inoperative vehicles is permitted. 5. All signage on the Site shall conform to the requirements of the City Zoning Ordinance (CZO). 6. This Use Permit is for the rental of trucks and trailers only. Sale of trucks, trailers or other vehicles shall not be permitted on the site. 7. Based on a finding that the nature of the Strip Center precludes the use of a fenced and landscaped area for storage, as required by Section 242.2(d) of the City Zoning Ordinance (CZO), as well as a finding that the lack of the required type of screening will have no significant detrimental effect on properties surrounding the subject Site, a deviation from said requiYernent is allowed such that vehicles aYe stored consistent with the conditions of this Use Permit. This Ordinance shall be effective in accordance with Section 107(o of the Zoning Ordinance. Adopted by the Ciry Council of the Ciry of Virginia Beach, Virginia, on the Sixteenth day of September, Two Thousand Fourteen September 16, 2014 -58- Itehi -V-J.4 PLANNING Yoting.• 10-0 Council Members Voting Aye: ITEM #64156(Continued) Robert M. Dyer, Barbara M. Henley, Vice MayoY Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson September 16, 2014 -59- Iteni -V-J.S PLANNING ITEM #64157 Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of 30 WEST PERSHING, LLC/58' STREET WAREHOUSE, LLC for a Conditional Use Permit re an outdoor recreation facility at Greenwich Road and I-264 DISTRICT 2- KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of 30 WEST PERSHING, LLC/59h STREET WAREHOUSE, LLC for a Conditional Use Permit re an outdoor recreation facility at Greenwich Road and I-264(GPIN 1464445974) DISTRICT 2 - KEMPSVILLE The following condition shall be required: 1. With the exception of any modifications required by any of these conditions, or as a result of Development Site Plan review, the Site shall be developed substantially in conformance with the submitted Plan entitled "Conceptual Site Plan, TopGolf - Virginia Beach, " prepared by ARCO Murray Design Build ? Manhard Consulting, Ltd., and WPL dated June 2, 2014. 2. With the exception of any modifications required by any of these conditions or as a result of review of the Building Plans, the structure on the Site shall be substantially in conformance with the design and the exterior materials shown on the submitted elevation Plans entitled "Exterior Elevations 1, 2, and 3, TopGolf, Virginia Beach, VA, " prepared by Aria Group Architects, Inc. dated 5-30-2014. 3. The site identification sign shall be located as shown on the Plan referenced in Condition No. 1 and shall be in conformance with the design shown on the submitted Plan entitled "Conceptual Monument Sign, TopGolf, Virginia Beach, VA, " prepared by Aria Group Architects, Inc. dated 6-9-2014. 4. There shall be one (1) building identification sign and said sign shall be in substantial conformance with that shown on the front building elevation referenced in Condition No. 2. Said sign shall consist of individual backlit letters. 5. The height of the field netting along the Northern side of the driving range field shall be increased in height to at least one hundred seventy (170) feet. 6. The "Color Changing LED Washing Metal Mesh " installed on the exterior of the building shall be designed such that the colors displayed on the mesh change in a slow `wash'. Live amplified music performed outdoors shall not occur after 10: 00 PM, Sunday through Thursday and after 12: 00 AM (midnight) Friday and Saturday. This Ordinance shall be effective in accordance with Section 107(/) of the Zoning Ordinance. Adopted by the Ciry Council of the City of Virginia Beach, Virginia, on the Sixteenth day of September, Two Thousand Fourteen SeptembeY 16, 2014 I I Item -V-J.S PLANNING TTOting: 10-0 Council Members Voting Aye: -60- ITEM #64157(Continued) Robert M. Dyer, Barbara M. Henley, Vice Mayo Shannon DS Kane, Brad Martin, John D. Moss, Hammond, Mayor William D. Sessoms, Jr., John E. L. Wood Council Members Absent.• Rosemary Wilson r Louis R. Jones, Amelia N. Ross- Uhrin and James September 16, 2014 -61- Item -V-J.6 PLANNING ITEM #64158 Upon motion by Vice Mayor Jones, seconded by Councilman Moss, Ciry Council, APPROVED/CONDITIONED, BY CONSENT, Application of VERIZON WIRELESS for a Conditional Use Permit re a communication tower at 2185 Recreation Drive DISTRICT 7- PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of VERIZON WIRELESS for a Conditional Use Permit re a commuttication tower at 2185 Recreation Drive (GPIN 1484493328) DISTRICT 7- PRINCESS ANNE The_following condition shall be required: 1. With the exception of any modifications required by any of these conditions or as a result of Development Site Plan review, the `Cell on Wheels' (COW) tower installation shall be substantially in conformance with the submitted Plan set (Sheets T-1, SP-1, SP-2, SP-3, and SP-4) and entitled "VB Amphitheater, Temporary Site, 2185 Recreation Drive, Virginia Beach, Virginia" dated 5/20/2014 2. The COW tower facility shall be permitted on the Site at the location specified in the Plan set referenced by Condition No. 1 from May 1 to October 31. This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the City of ViYginia Beach, Virginia, on the Sixteenth day of September, Two Thousand Fourteen Yoting.• 10-0 Council Members Voting Aye: Robert M. DyeY, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hainmond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson September 16, 2014 -62- Item -V-J. 7 PLANNING ITEM #64I59 Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of VIRGINIA SEAGULL TRAVEL BUS, INC. for a Conditional Use Permit re a transportation terminal at 649 Newtown Road DISTRICT 2- KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGWIA BEACH, VIRGINIA Ordinance upon Application of VIRGINIA SEAGULL TRAVEL BUS, INC. for a Conditional Use Permit re a transportation ter`ninal at 649 Newtown Road (GPIN 1468313784) DISTRICT 2- KEMPSVILLE The following condition shall be required.• 1. Buses shall only load and unload in the designated Loading/Unloading Area shown on the submitted Site Plan and the Site Plan enlargement entitled "Newtown Baker Crossing by S.L. Nusbaum Realty" and contained in this application. 2. Buses that are not in operation shall be parked in the designated Overnight Parking area as shown on the submitted Site Plan and Site Plan enlargement entitled "Newtown Baker Crossing by S.L. NusbaunZ Realty" and contained in this application. 3. The restroom in the office suite shall be made available for passengers and those waiting for passengers during normal office hours. 4. At least twenty (20) seats shall be available within the office for passengers to wait before or after theiY scheduled bus departs. 5. No vehicle service, repair or maintenance activities shall be performed at this site. 6 The applicant shall obtain all necessary permits, inspections and approvals fi°om the Fire Department and the Permits and Inspections Division of the Planning Department. A Certificate of Occupancy shall be obtained from the Permits and Inspections Division of the Planning Department. 7. Administrative Review of the Use Permit shall be conducted once a year (annually from the date of City Council approval) by the Zoning Administrator. 8. The operation of the buses shall be limited to the schedule provided by the applicant: Departures - 10:00AM and 11:45PM,• Arrivals - IO:OOPM and 12:00AM. Operating times may deviate reasonably from the stated times in order to accommodate traffzc. 9. No more than one (1) bus shall load or unload passengers during each scheduled stop. September 16, 2014 -63- Item -V-J.7 PLANNING ITEM #64159(Continued) This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the Ciry of Virginia Beach, Virginia, on the Sixteenth day of September, Two Thousand Fourteen Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson September 16, 2014 -64- Item -V-J.8 PLANNING ITEM #64I60 Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of PAUL BRADLEY dba BRADLEY MARINE, LLC for a Conditional Use Permit re boat repair and bulk storage at 588B Central Drive DISTRICT 6 - BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of PAUL BRADLEY dba BRADLEY MARINE, LLC for a Conditional Use Permit re boat repair and bulk storage at 588B Central Drive (GPIN 1496764804) DISTRICT 6- BEACH The following condition shall be required: 1. All conditions attached to the Conditional Use Permits granted by City Council on May, 12 1992, October 13, 1992, and October 29, 1996, and subsequent Modification of Conditions granted on June 24, 2008, shall be deleted and replaced with the following: a. With the exception of any modifications required hy any of these conditions, use of the Site may include bulk storage, motor vehicle repair garage and boat and vessel repair; and, shall be developed and maintained substantially in conformance with the submitted Site Plan entitled "PARKING PLAN OF LOT 24, LONDON BRIDGE INDUSTRIAL PARK II, PHASE ONE AND LOT 41, LONDON BRIDGE INDUSTRIAL PARK II, PHASE TWO FOR OCEAN PROPERTIES, LLC" prepared by John E. Sirine arrd Associates, Ltd. and dated March 30, 2011. b. Stormwater Management facilities shall be provided to control runoff in accordance with the provisions of the Stormwater Management Ordinance. c. No outside storage of equipment, parts or materials shall be permitted. d. All automobile and boat repair work shall be performed inside the building. e. No more than fifty (SO) inoperative vehicles awaiting parts or undergoing damage evaluation for insurance processing may be stored on the subject Site at any given time. No inoperative vehicle may be stored on-site for more than thirty (30) days. f. Boats awaiting service or pick-up shall be stored in the area marked as "BOAT STORAGE AREA " on the submitted Site Plan. g. The bulk storage yard and automobile and boat repair garages shall be enclosed by a six foot (6) high solid fence with Category I landscape screening adjacent to Central Drive and Industry Lane. The existing chain- link fencing along the property lines not adjacent to rights-of-way is acceptable for screening purposes. h. All curb-cuts accessing the Site shall be paved. September 16, 2014 -65- Iteni -V-J.8 PLANNWG ITEM #64160(Continued) i. The automotive repair garage parking area shall be paved, curbed and guttered. j. Any new signage shall obtain a permit from the Planning Department/Zoning Office. 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 Sixteenth day of September, Two Thousand Fourteen Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent.• Rosemary Wilson September 16, 2014 -66- Iteni -V-J.9 PLANNING ITEM #64161 Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council, APPROVED, AS PROFFERED, BY CONSENT, Application of PRINCESSBORO DEVELOPMENT for a Conditional Business at 1901 Sandbridge Chano Zonin from AG-2 Agricultural to Conditional B-2 Community Road re a retail landscape and garden center (Deferred August 19, 2014) DISTRICT 7- PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA OYdinance upon Application of PRINCESSBORO DEVELOPMENT for a Conditional Chanze o Zoning from AG-2 Agricultural to Conditional B-2 Community Business at 1901 Sandbridge Road re a retail landscape and garden center (Deferred August 19, 2014) (GPIN 2414316172) DISTRICT 7- PRINCESS ANNE The following condition shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court 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 Sixteenth day of September, Two Thousand Fourteen **Council District Member, Council Lady Henley, requested the record to show the Action on this Application will not set a precedent** iloting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson September 16, 2014 -67- ITEM V-K APPOINTMENTS ITEM #64162 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION BOARD Voting: 11-0 Council Members Voting Aye: RobeYt M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, 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 September 16, 2014 -68- ITEM V-K APPOINTMENTS ITEM #64163 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: MARK A. JOHNSON Unexpired terin thru 1213112016 VIRGINIA BBACH COMMUNITYDEVELOPMENT CORPORATION Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice MayoY Louis R. Jones, Shannon DS Kane, Brad MaYtin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson September 16, 2014 -69- ITEM V-K APPOINTMENTS ITEM #64164 Upon NOMINATION by Vice Mayor Jones, Ciry Council APPOINTED: DR. A. CLAYBORNE HENDRICKS, DDS Unexpired term thru 0313112016 VIRGINIA BEACHHEALTHSERVICES BOARD Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent.• Rosemary Wilson September 16, 2014 -70- Item -V-N ADJOURNMENT ITEM #64165 Mayor William D. Sessoms, Jr., DECLARED the City Council MeetingADJOURNED at 6:31 P.M. manda Finley- nes, CAIU ChiefDeputy City Clerk 4th Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor September 16, 2014