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OCTOBER 7, 2014 MINUTESCITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large V/CE MAYOR LOUIS R. JONES, Bayside - District 4 ROBERT M. DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 SHANNON DS KANE, Rose Hall - District 3 BRAD MARTIN, P.F.., At Large JOHN D. MOSS, At Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lvnnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR- JERALD D. BANAGAN CITY AUDITOR - L YNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 07 OCTOBER 2014 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. II. IV. V. MAYOR WILLIAM D. SESSOMS, JR. PRESIDING CITY MANAGER'S BRIEFING - Conference Room - A. HAZARDOUS STRUCTURE ABATEMENT Kellam and Eaton North Landing Road Property Andrew Friedman, Director Wells Freed, Code Enforcement Administrator Housing and Neighborhood Preservation CITY COUNCIL LIAISON REPORTS CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW INFORMAL SESSION A. B. C. - Conference Room - CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL COUNCIL RECESS TO CLOSED SESSION 4:00 PM 5:OOPM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Father Daniel Malingumu Pastor, Church of the Ascension C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS September 16, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. BYRNE MEMORIAL JUSTICE GRANT ALLOCATION 2. LEASE OF CITY -OWNED PROPERTY a. Virginia Beach Horseback, Inc. 3. SALE OF EXCESS CITY -OWNED PROPERTY a. Roselyn Lane b. Middle Lane and Indiana Avenue c. Middle Lane and Ohio Avenue d. Michigan Avenue e. Royal Haven Crest I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Appendix K re floodplains, flood insurance rate maps and the requirements of the National Flood Insurance Program b. Section 10-1 re name changes at polling locations and ADD Section 10-1.1 re satellite absentee voting (1) Aragona Precinct to Bayside Sixth Grade Campus (2) Foxfire Precinct to Kemps Landing/Old Donation School c. Section 27-5 re service charge for security system false alarms requiring the Police Department to respond 2. Ordinances to DECLARE EXCESS City -owned property and AUTHORIZE the City Manager to sell same: DISTRICT 6 - BEACH a. 237, 239, 241, 243, 245 and 249 Roselynn Lane, 208 Middle Lane and 1530 Indiana Avenue to Bishard Development Corporation b. 2261 Royal Haven Crest to Bishard Development Corporation c. 209 Middle Lane, 1533, 1541 and 1543 Ohio Avenue to Cashvan Homes, LLC d. 1548 Michigan Avenue to Dockey Lee Warren 3. Resolution to AUTHORIZE a formal "sister city" relationship between Virginia Beach and Olonogapo, Philippines; and, direct the City Clerk to forward this Resolution to Sister Cities International for the issuance of a charter 4. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Revised Consent Order between the Virginia Water Control Board and the localities of Hampton Roads re the control of sanitary sewer system overflows 5. Resolution re ISSUANCE of Educational Facilities Revenue And Refunding Bond by the Economic Development Authority of Essex County not to exceed $2,665,000 for Chesapeake Bay Academy 6. Ordinance to REDUCE $1,077,733 re Oceana and Interfacility Traffic Area Conformity and Acquisition funds from the State with like funding from the City 7. Ordinance to RATIFY amendments to the Bylaws of the Parks and Recreation Commission 8. Resolution to ESTABLISH a Task Force to study the rising cost of the Elderly and Disabled Real Estate Tax Relief Program 9. Ordinance to GRANT a franchise to continue guided Horse Riding Tours on the Beach 10. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: a. William S. Shelhorse and Sally C. Wise Living Trust re ramps, floating docks, boatlift and piles at 532 and 536 Southside Road, Lake Wesley DISTRICT 6 — BEACH b. Thomas K. Norment, Jr. and the Penny Combs Lane Revocable Living Trust re a bulkhead, existing pier and a floating dock at 2074 Tazewell Road DISTRICT 4 — BAYSIDE 11. Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: a. $1,251,131 from Federal Emergency Management Agency (FEMA) for the continued operation of the Virginia Task Force 2 Urban Search and Rescue Team and providing 3.25 grant -funded full time employees b. $135,000 re dredging of individual property basins for Bayville Creek Neighborhood and $170,000 and $150,000, respectively, from the Western Branch Lynnhaven River maintenance dredging to Bayville Creek Neighborhood and Old Donation Creek Area dredging c. $111,113 from the U.S. Department of Justice, Edward Byrne Justice Assistance Grant re: 1. $30,511 to Parks and Recreation 2. $29,732 to Community Corrections and Pretrial Office 3. $26,190 to the Police Department 4. $24,680 to the Sheriffs Office d. from the U.S. Department of Transportation Administration National Highway Traffic Safety Administration via the DMV: 1. $64,232 to Police re enforcement of DUI laws and $32,116 for a local Grant match 2. $52,000 re enforcement of seat belt laws e. $32,027 from the Virginia Depaitment of Fire Programs to the Fire Department re the Fire Training Center f. $20,376 from the Oyster Heritage Trust Fund to Planning and Community Development to increase the oyster habitat in the Lynnhaven River Watershed g. $10,528 from the Parking Meters — Homeless Donation Fund to Housing and Neighborhood Preservation for allocation recommended by the Beach Community Partnership J. PLANNING 1. Application of CSA VIRGINIA BEACH, LLC for a Modification of Conditional Use Permit (Granted June 25, 2013) to modify Condition 1 re operating hours at 5070 Virginia Beach Boulevard DISTRICT 4 — BAYSIDE RECOMMENDATION APPROVAL 2. Application of VIRGINIA ELECTRIC & POWER COMPANY dba DOMINION VIRGINIA POWER for a Conditional Use Permit re expansion of an electric transformer station (Burton Station) at 5800 Sandpit Road DISTRICT 4 — BAYSIDE RECOMMENDATION APPROVAL 3. Applications of ICE MASTERS dba RINK SPECIALISTS /CITY OF VIRGINIA BEACH DISTRICT 6 - BEACH a. Alternative Compliance to the Oceanfront Resort District Form -Based Code to provide an entertainment venue that does not conform to the building type properties for a commercial building b. Conditional Use Permit (Outdoor Recreation Facility — Ice Skating Rink) at 204 and 206 3rd Street, 206 and 208 Atlantic Avenue and a portion of 108 Atlantic Avenue RECOMMENDATION APPROVAL 4. Application of MISSION ENTERPRISES, LLC for a Conditional Use Permit (eating and drinking establishment) at 501 Virginia Beach Boulevard DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 5. Application of SPENCE CROSSING RESIDENTIAL, INC. for a Change of Zoning from Conditional PD -H2 (A-12) Apartment to P-1 Preservation to preserve open space at Salem Road and Lynnhaven Parkway DISTRICT 1 — CENTERVILLE RECOMMENDATION APPROVAL 6. Application of KEMPDEL, INC. for a Conditional Change of Zoning from Conditional B-1 Business to Conditional PD -H2 [A-12] re development of condominiums at 2020 Round Hill Road and 2725 South Independence Boulevard DISTRICT 1 — CENTERVILLE. RECOMMENDATION APPROVAL 7. Ordinances to AMEND the City Zoning Ordinance (CZO) a. Section 111, Defining "Craft Brewery," and Sections 901 and 1001 establishing craft breweries as a "Conditional Use" in the B-2 Community Business District and I-1 Light Industrial District and ADD a new Section 230 re requirements and standards for craft breweries RECOMMENDATION APPROVAL b. Section 211 of the City Zoning Ordinance (CZO) re signage on construction fences RECOMMENDATION APPROVAL K. APPOINTMENTS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD DOMESTIC VIOLENCE FATALITY REVIEW TEAM TIDEWATER DISTRICT COMMISSION OF HAMPTON ROADS 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 ******************************* PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** CITY COUNCIL COMMUNITY CONVERSATION CONVENTION CENTER MEETING ROOMS 2nd FLOOR 6:30-8:OOPM MONDAY, NOVEMBER 24, 2014 NOVEMBER COUNCIL MEETING SCHEDULE NOVEMBER 4TH - RESCHEDULED TO NOVEMBER 25TH NOVEMBER 11TH - CANCELLED gme.u.e..wve.ue........teate.g.”.x.....“vouaa.m..o.F.aezzka..wt..n.e...o.a... CITY COUNCIL WINTER RETREAT Economic Development Conference Room Town Center Suite 700, 4525 Main Street February 5-6, 2015 8:30 AM to 5:00 PM CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS — 4:00-6:00 PM gw 10/07/2014 2014 CITY HOLIDAYS Veterans Day - Tuesday, November 11 Thanksgiving Day and Days after Thanksgiving — Thursday, November 27 and Friday, November 28 Christmas Eve (half=day) - Wednesday, December 24 Christmas Day - Thursday, December 25 -1- A$F.y'Sg i 1 Cry . VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 7, 2014 Mayor William D. Sessoms, Jr., called to order City Council's Informal Session, in the City Council Conference Room, Tuesday, October 7, 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, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Attending VML Conference Rosemary Wilson Out of the City on family vacation October 7, 2014 -3 - CITY MANAGER'S BRIEFINGS HAZARDOUS STRUCTURE ABATEMENT ITEM #64166 (Continued) The property is located at the corner of Princess Anne Road and North Landing Road: October 7, 2014 -4 - CITY MANAGER'S BRIEFINGS HAZARDOUS STRUCTURE ABATEMENT ITEM #64166 (Continued) Below is the information for the property: Property info * involves 4- separate land parcels • Nine vacant/unsafe structures on these properties • Previously owned by David Kellam who passed away in May of this year • Current Owners — Kellam & Eaton, Inc. and Susan Kellam • Several plans for redevelopment have been proposed, but proved unsuccessful • Vacant for over 20 years * Condemned in 2007 • $86,700 in property taxes are delinquent Below is the case history for the property: Case History o July 2007 — Notices of violation issued for unsafe conditions and exterior code violations c March 2008 — DHNP staff met with Mr. Kellam regarding his plans to redevelop the property • June 2009 — Court action was initiated for failure to comply • July 2009 — Staff met with Mr. Kellam to discuss the case prior to the initial court hearing s October 2009 — Mr. Kellam was convicted for failure to comply o January 2010 — Court action was again initiated for a 2"d offense * June 2011 — Mr. Kellam was convicted of a 2"d offense for failure to comply October 7, 2014 -5 - CITY MANAGER'S BRIEFINGS HAZARDOUS STRUCTURE ABATEMENT ITEM #64166 (Continued) Case History Continued * September 2011 — Court action was again initiated for a 3rd offense * September 2011 — Staff met with Mr. Kellam to discuss the case ' December 2011 — Mr. Kellam demolished several structures, completed minor exterior repairs, and agreed to continue maintaining all remaining structures 6 January 2012 — 3rd offense case was dismissed e May 2014 — Mr. Kellam passed away • September 2014 — Evidence of trespassing noted; inspections conducted and notices of violation issued to repair or demolish all unsafe structures There are a total of nine (9) unsafe buildings on the property. October 7, 2014 -6- CITY MANAGER'S BRIEFINGS HAZARDOUS STRUCTURE ABATEMENT ITEM #64166 (Continued) October 7, 2014 -7- CITY MANAGER'S BRIEFINGS HAZARDOUS STRUCTURE ABATEMENT ITEM #64166 (Continued) October 7, 2014 -8 - CITY MANAGER'S BRIEFINGS HAZARDOUS STRUCTURE ABATEMENT ITEM #64166 (Continued) October 7, 2014 -9- CITY MANAGER'S BRIEFINGS HAZARDOUS STRUCTURE ABATEMENT ITEM #64166 (Continued) October 7, 2014 -10 - CITY MANAGER'S BRIEFINGS HAZARDOUS STRUCTURE ABATEMENT ITEM #64166 (Continued) October 7, 2014 -11- CITY MANAGER'S BRIEFINGS HAZARDOUS STRUCTURE ABATEMENT ITEM #64166 (Continued) October 7, 2014 -12 - CITY MANAGER'S BRIEFINGS HAZARDOUS STRUCTURE ABATEMENT ITEM #64166 (Continued) Below are important considerations: Considerations * The main structure is collapsing and very hazardous * The front facade is beginning to separate from the building and could collapse into the intersection * There is evidence of trespassing inside several structures • All nine structures have been declared unsafe and are severely dilapidated * Notices of violation have were issued on Sept. 19, 2014 allowing 30 days to make repairs or to demolish the unsafe structures October 7, 2014 -13 - CITY MANAGER'S BRIEFINGS HAZARDOUS STRUCTURE ABATEMENT ITEM #64166 (Continued) Below is Staff's recommendation: Recommendation • Proceed with the city facilitated demolition process under City Code Section 16-35 — Unsafe Structures • Requirements: Declare the structures unsafe and notify the property owners — notices of violation issued on Sept. 19th allowing 30 days to repair or demolish Post notice in local newspaper liar 2 consecutive weeks —advertisements ran on Sept. 28" and Oct. 5°' Allow 30 days for compliance after the date the final advertisement runs — demolition could begin alter Nov. 515 • Approve the transfer of $150,000 from reserves to DHNP to facilitate the demolition of nine unsafe structures Once completed, hill the property owners and place liens against the properties to recover all costs • Based upon the guidance we receive today, an ordinance could he presented to City Council at the appropriate time a The property owners will he notified of all pending actions As of yesterday, the property owner advised they have begun to solicit bids for demolition and City Staff would recommend this alternative: Update • As of 10/6/2014, the property owners have begun to solicit bids for demolition • City staff will proceed with the process to obtain Council funding and terminate the process if the property owners demonstrate a good faith effort to complete the demolition themselves October 7, 2014 -14 - CITY MANAGER'S BRIEFINGS HAZARDOUS STRUCTURE ABATEMENT ITEM #64166 (Continued) ThankYou! Comments and Questions? Mayor Sessoms thanked Mr. Friedman and his Staff for their work on this property: October 7, 2014 -15 - CITY COUNCIL LIAISON REPORTS ITEM #64167 4:07P.M. Councilman Moss advised he attended the recent Deferred Compensation Board meeting and is happy to report all is doing well. There is great participation in the program and the Board is considering looking at going to a different type of lifestyle choice. Most Members are too conservative and in doing so are seeing the consequences for playing it too safe. October 7, 2014 -16- CITY COUNCIL LIAISON REPORTS ITEM #64168 Councilman Uhrin advised the Resort Advisory Committee added the Recycling program along the Oceanfront and Sandbridge. Over 20% of the collection is now recycled and he is proud to say the North End is at 24%. He is proud that Citizens are showing how much they care about our City and are, therefore, making a difference. Council Lady Henley concurred with Councilman Uhrin and she hopes to see the initiative spread throughout the City. October 7, 2014 -17 - CITY COUNCIL LIAISON REPORTS ITEM #64169 Council Lady Henley advised the Green Ribbon Committee is proceeding toward some type of Incentive Program. She is hopeful to bring that forward for City Council 's consideration in the near future. October 7, 2014 -18 - CITY COUNCIL LIAISON REPORTS ITEM #641 70 Council Lady Henley advised the Interfacility Traffic Advisory Committee is hoping to finalize the Amendments to the Comprehensive Plan and bring forward in November for the Planning Commission to consider and December for City Council's consideration. October 7, 2014 -19- CITY COUNCIL LIAISON REPORTS ITEM #64171 Mayor Sessoms advised the Hampton Roads Transportation Advisory Committee (HRTAC) made recommendations for the Budget that will be discussed publically for the next thirty to sixty (30 — 60) days. Part of the recommendation is funding for the 1-264/64 Inner -change, which is the only Virginia Beach project. Another recommendation is funding for the widening of 1-64. The recommendations seemed well received by the Board and all indications are it is very strongly supported. Mayor Sessoms expressed his appreciation to the City Manager and the Stafffor providing the information to present the recommendations. October 7, 2014 -20 - CITY COUNCIL COMMENTS ITEM #641 72 4:12 Councilman Uhrin advised this past weekend the 7th Annual JT's Walk took place with the Virginia Gentlemen and they raised over $1.1 -MILLION with approximately $10-MIILLION in future commitments. The build -out of Grommet Park for Wounded Warriors and the Disabled will most likely be accelerated. He suggested a Briefing be scheduled with the Virginia Gentlemen. October 7, 2014 -21 - CITY COUNCIL COMMENTS ITEM #641 73 Councilman Moss advised the Change of Command Ceremony for Admiral Gortney is scheduled for Tuesday, October 21, 2014. He suggested the City prepare a Resolution in appreciation of Admiral Gortney's leadership of Naval Station Oceana. October 7, 2014 -22 - CITY COUNCIL COMMENTS ITEM #64174 Council Lady Henley advised the City has a number of pending Planning Items in the Princess Anne District that have been deferred and will be coming back before City Council for consideration at some point. One (1) of the two (2) items, in particular, awaiting additional information, is scheduled to be on the Agenda for November 18"'. Council Lady Henley requested an update prior to receiving it in the Agenda Packet. Jack Whitney, Director — Planning, agreed to provide the updated information to Council Lady Henley, who will then provide same information to City Council. Council Lady Henley stated the other item that has been deferred numerous times is Crown Castle. She has received telephone calls and emails from the community asking the status and she has received no update to share. This Application has been deferred at least three (3) times and she does not want it placed back on the Agenda until it has been fully vetted. Mayor Sessoms expressed concern as the item was deferred to give the Applicant an opportunity to reach out to the community and it sounds like from the calls and emails received by Council Lady Henley that has not happened. The Mayor requested confirmation from Mr. Whitney. Council Lady Henley advised the last meeting held between the community and the Applicant there was a lot of tension; however, that aside, she has concerns. It is an extremely tall tower. City Council requested a Wetlands Delineation be conducted and the last word from the Applicant is they had a "consultant". Council Lady Henley emphasized the importance of involving the Army Corps of Engineers and advised she did not want this to be placed back on the Agenda for consideration until the Army Corps study is complete. Councilman Moss advised he has visited the site several times and requested the Applicant clean up the site even if the Application does not move forward. October 7, 2014 -23 - AGENDA REVIEW SESSION 4:20 P.M. ITEM #64175 BY CONSENSUS, the following shall compose the CONSENT AGENDA: L ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Appendix K re floodplains, flood insurance rate maps and the requirements of the National Flood Insurance Program b. Section 10-1 re name changes at polling locations and ADD Section 10- 1.1 re satellite absentee voting (1) Aragona Precinct to Bayside Sixth Grade Campus (2) Foxfire Precinct to Kemps Landing/Old Donation School c. Section 27-5 re service charge for security system false alarms requiring the Police Department to respond 2. Ordinances to DECLARE EXCESS City -owned property and AUTHORIZE the City Manager to sell same: DISTRICT 6 - BEACH a. 237, 239, 241, 243, 245 and 249 Roselynn Lane, 208 Middle Lane and 1530 Indiana Avenue to Bishard Development Corporation b. 2261 Royal Haven Crest to Bishard Development Corporation c. 209 Middle Lane, 1533, 1541 and 1543 Ohio Avenue to Cashvan Homes, LLC d. 1548 Michigan Avenue to Dockey Lee Warren 3. Resolution to AUTHORIZE a formal "sister city" relationship between Virginia Beach and Olonogapo, Philippines; and, direct the City Clerk to forward this Resolution to Sister Cities International for the issuance of a charter 4. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Revised Consent Order between the Virginia Water Control Board and the localities of Hampton Roads re the control of sanitary sewer system overflows 5. Resolution re ISSUANCE of Educational Facilities Revenue And Refunding Bond by the Economic Development Authority of Essex County not to exceed $2,665,000 for Chesapeake Bay Academy 6. Ordinance to REDUCE $1,077,733 re Oceana and Interfacility Traffic Area Conformity and Acquisition funds from the State with like funding from the City 7. Ordinance to RATIFY amendments to the Bylaws of the Parks and Recreation Commission 8. Resolution to ESTABLISH a Task Force to study the rising cost of the Elderly and Disabled Real Estate Tax Relief Program October 7, 2014 -24 - AGENDA REVIEW SESSION ITEM #64175(Continued) 9. Ordinance to GRANT a franchise to continue guided Horse Riding Tours on the Beach 10. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: a. William S. Shelhorse and Sally C. Wise Living Trust re ramps, floating docks, boatlift and piles at 532 and 536 Southside Road, Lake Wesley DISTRICT 6 — BEACH b. Thomas K. Norment, Jr. and the Penny Combs Lane Revocable Living Trust re a bulkhead, existing pier and a floating dock at 2074 Tazewell Road DISTRICT 4 — BAYSIDE 11. Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: a. $1,251,131 from Federal Emergency Management Agency (FEMA) for the continued operation of the Virginia Task Force 2 Urban Search and Rescue Team and providing 3.25 grant funded full time employees b. $135, 000 re dredging of individual property basins for Bayville Creek Neighborhood and $170,000 and $150, 000, respectively, from the Western Branch Lynnhaven River maintenance dredging to Bayville Creek Neighborhood and Old Donation Creek Area dredging c. $111,113 from the U.S. Department of Justice, Edward Byrne Justice Assistance Grant re: 1. $30,511 to Parks and Recreation 2. $29, 732 to Community Corrections and Pretrial Office 3. $26,190 to the Police Department 4. $24,680 to the Sheriff's Office d. from the U.S. Department of Transportation Administration National Highway Traffic Safety Administration via the DMV: e. f g. 1. $64,232 to Police re enforcement of DUI laws and $32,116 for a local Grant match 2. $52,000 re enforcement of seat belt laws $32,027 from the Virginia Department of Fire Programs to the Fire Department re the Fire Training Center $20,376 from the Oyster Heritage Trust Fund to Planning and Community Development to increase the oyster habitat in the Lynnhaven River Watershed $10,528 from the Parking Meters — Homeless Donation Fund to Housing and Neighborhood Preservation for allocation recommended by the Beach Community Partnership COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#4 October 7, 2014 -25 - AGENDA REVIEW SESSION ITEM #64175(Continued) BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. PLANNING 1. Application of CSA VIRGINIA BEACH, LLC for a Modification of Conditional Use Permit (Granted June 25, 2013) to modem Condition 1 re operating hours at 5070 Virginia Beach Boulevard DISTRICT 4 — BAYSIDE 2. Application of VIRGINIA ELECTRIC & POWER COMPANY dba DOMINION VIRGINIA POWER for a Conditional Use Permit re expansion of an electric transformer station (Burton Station) at 5800 Sandpit Road DISTRICT 4 — BAYSIDE 3. Applications of ICE MASTERS dba RINK SPECIALISTS /CITY OF VIRGINIA BEACH DISTRICT 6 - BEACH a. Alternative Compliance to the Oceanfront Resort District Form -Based Code to provide an entertainment venue that does not conform to the building type properties for a commercial building b. Conditional Use Permit (Outdoor Recreation Facility — Ice Skating Rink) at 204 and 206 3rd Street, 206 and 208 Atlantic Avenue and a portion of 108 Atlantic Avenue 4. Application of MISSION ENTERPRISES, LLC for a Conditional Use Permit (eating and drinking establishment) at 501 Virginia Beach Boulevard DISTRICT 6 — BEACH 5. Application of SPENCE CROSSING RESIDENTIAL, INC. for a Change of Zoning from Conditional PD -H2 (A-12) Apartment to P-1 Preservation to preserve open space at Salem Road and Lynnhaven Parkway DISTRICT 1— CENTERVILLE 6. Application of KEMPDEL, INC. for a Conditional Change of Zoning from Conditional B-1 Business to Conditional PD -H2 [A-121 re development of condominiums at 2020 Round Hill Road and 2725 South Independence Boulevard DISTRICT 1 — CENTERVILLE. 7. Ordinances to AMEND the City Zoning Ordinance (CZO) a. Section 111, Defining "Craft Brewery, " and Sections 901 and 1001 establishing craft breweries as a "Conditional Use" in the B-2 Community Business District and I-1 Light Industrial District and ADD a new Section 230 re requirements and standards for craft breweries b. Section 211 of the City Zoning Ordinance (CZO) re signage on construction fences COUNCILMAN MOSS WILL ABSTAIN ON ITEM #2 Councilman Uhrin DISCLOSED re ITEM#7b (SIGNAGE ON CONSTRUCTION FENCES) he is a member of a group (persons with an interest in businesses that undertake construction projects and use construction fences); however, the City Attorney advised it is not necessary to ABSTAIN from participating in this consideration and voting on this item. October 7, 2014 -26- ITEM#64176 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, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Kempsville District Princess Anne District Princess Anne District LEGAL MATTERS: Consultation with legal counsel and briefings by staff members 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). Kosmas, Nicole v. City of Virginia Beach, et al PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) (1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees October 7, 2014 -27- ITEM#64176 (Continued) Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION at 4:39 P.M. Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent. (Closed Session Amelia N. Ross -Hammond attending Annual VML Conference Rosemary Wilson family vacation in Florida 4:30 P.M. 5: 35 P.M.) October 7, 2014 -28 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL October 7, 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, City Hall, on Tuesday, October 7, 2014, at 6:00 P.M Council Members Present: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond attending VML Conference Rosemary Wilson out of City on family vacation INVOCATION: Father Daniel Malingumu Pastor, Church of the Ascension PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to 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' letter of March 24, 2009, is hereby made a part of the record. October 7, 2014 -29- Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial ') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. October 7, 2014 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #64176 Page 27, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. uth Hodges City Clerk raser, MMC October 7, 2014 Item -VI -F.1 MINUTES -31- ITEM #64178 Upon motion by Councilman Moss, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of September 16, 2014. Voting: 9-0 Council Members Voting Aye: Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 -32 - ADOPT AGENDA FOR FORMAL SESSION ITEM #64179 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION October 7, 2014 -33 - Item -VI-H.1 PUBLIC HEARINGS ITEM #64180 Mayor Sessoms DECLARED A PUBLIC HEARING: BYRNE MEMORIAL JUSTICE GRANT ALLOCATION There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. October 7, 2014 -34- Item-VI-H.2a PUBLIC HEARINGS ITEM #64181 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY -OWNED PROPERTY a. Virginia Beach Horseback, Inc. There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. October 7, 2014 -35- Item-VI-H.3a/b/c/d/e PUBLIC HEARINGS ITEM #64182 Mayor Sessoms DECLARED A PUBLIC HEARING: SALE OF EXCESS CITY -OWNED PROPERTY a. Roselyn Lane b. Middle Lane and Indiana Avenue c. Middle Lane and Ohio Avenue d. Michigan Avenue e. Royal Haven Crest There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. October 7, 2014 Item -VI-I ORDINANCES/RESOLUTIONS -36- ITEM #64183 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, IN ONE MOTION, Items la/b(1-2)/c, 2a/b/c/d, 3, 4, 5, 6, 7, 8, 9, IDa/b and lla/b/c(1- 4)/d/e/f/g of the CONSENT AGENDA. Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson Councilman Moss VOTED VERBAL NAY on ITEM# 4 October 7, 2014 Item-VI-Lla ORDINANCES/RESOLUTIONS -37- ITEM #64184 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AMEND the City Code: a. Appendix K re floodplains, flood insurance rate maps and the requirements of the National Flood Insurance Program Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 1 AN ORDINANCE TO AMEND SECTIONS 1.2, 2 1.3, 3.1, 4.3, 4.5, 4.9 AND 4.11 OF THE 3 FLOODPLAIN ORDINANCE (APPENDIX K) 4 PERTAINING TO FLOODPLAINS, FLOOD 5 INSURANCE RATE MAPS AND THE 6 REQUIREMENTS OF THE NATIONAL 7 FLOOD INSURANCE PROGRAM 8 9 SECTIONS AMENDED: Floodplain Ordinance 10 §§ 1.2, 1.3, 3.1, 4.3, 4.9 and 4.11 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, 1.3, 3.1, 4.3, 4.9 and 4.11 of Floodplain Ordinance are hereby 19 amended and reordained to read as follows: 20 21 APPENDIX K FLOODPLAIN ORDINANCE 22 23 .... 24 25 Sec. 1.2. Applicability. 26 27 These provisions shall apply to all privately and publicly owned lands within the 28 jurisdiction of the City of Virginia Beach and identified as areas of special flood hazard 29 according to the Flood Insurance Rate Map (FIRM) that is provided to the City of 30 Virginia Beach by the Federal Emergency Management Agency (FEMA) and dated May 31 1, 2009 January 16, 2015 or identified as floodplains subject to special restrictions in 32 section 4.10 of this ordinance. 33 34 COMMENT 35 36 The date amendments in the ordinance reflect the date of the Flood Insurance Rate Maps 37 that have been updated by FEMA. 38 39 Sec. 1.3. Definitions. 40 41 42 43 Existing construction. Structures for which the "start of construction" commenced 44 before the effective date of the most recent FIRM (May 1i, 2000 January 16, 2015) 45 "Existing construction" may also be referred to as "existing structures." 46 47 .... 48 49 Special Flood Hazard Area (SENA). The land in the floodplain subject to a one 50 (1) percent or greater chance of being flooded in any given year as set forth in this 51 ordinance. These areas are designated as AE, AH, AO, A, and VE on the FIRM. 52 53 .... 54 COMMENT 55 56 These amendments reflect the date of the Flood Insurance Rate Maps that have been 57 updated by FEMA. 58 The addition of the AH designation is required by FEMA to bring the ordinance into 59 compliance. The only areas in the City so designated are on lands owned by the Commonwealth or 60 the Federal Government. 61 62 Sec. 3.t Description of floodplain districts. 63 64 A. Special flood hazard areas (SFHA). The SFHAs shall include land in the 65 floodplain subject to a one (1) percent or greater chance of being flooded in any given 66 year. The basis for the delineation of these districts shall be the FIS and the FIRM for 67 the City of Virginia Beach prepared by FEMA, Federal Insurance Administration, dated 68 IVlay 4, 2009 January 16, 2015, and any subsequent revisions or amendments thereto. 69 70 ... 71 72 2. The AE or AH Zones on the FIRM accompanying the FIS shall be those 73 areas for which one (1) percent annual chance flood elevations have been 74 provided and the floodway has not been delineated. 75 76 .... 77 78 COMMENT 79 80 These amendments reflect the date of the Flood Insurance Rate Maps that have been 81 updated by FEMA. 2 82 The addition of the AH designation is required by FEMA to bring the ordinance into 83 compliance. The only areas in the City so designated are on lands owned by the Commonwealth or 84 the Federal Government. 85 86 87 Sec. 4.3. Elevation and construction requirements. 88 89 In all SFHAs where base flood elevations have been provided in the FIS or 90 generated by a licensed professional in accordance with section 4.6 of this ordinance, 91 the following shall apply: 92 93 A. Residential construction requirements. New construction or substantial 94 improvement of any residential structure or manufactured home in Zones 95 AE, AH, and A with detailed base flood elevations shall have the lowest 96 floor, including basement, elevated to a minimum of two (2) feet above 97 the base flood level. 98 99 B. Non-residential construction requirements. New construction or 100 substantial improvement of any commercial, industrial, or non-residential 101 building or manufactured home shall have the lowest floor, including 102 basement, elevated a minimum of two (2) feet above the base flood level. 103 Buildings located in AE or AH Zones may be flood-proofed in lieu of being 104 elevated provided that all areas of the building components below the 105 elevation corresponding to the base flood elevation plus a minimum of two 106 (2) feet freeboard are water tight with walls substantially impermeable to 107 the passage of water, and use structural components having the capability 108 of resisting hydrostatic and hydro dynamic loads and the effect of 109 buoyancy.... 110 111 C. Space below the lowest floor requirements. In Zones A, AE, AH, and AO, 112 fully enclosed areas of new construction or substantially improved existing 113 structures that are below the regulatory flood protection elevation shall: 114 115 .... 116 117 D. Manufactured homes and recreational vehicle requirements. 118 119 .... 120 121 2. All recreational vehicles placed on sites shall either: 122 3 123 a. Be on site for fewer than one hundred eighty (180) 124 consecutive days; or 125 126 b. Be fully licensed and ready for highway use (a recreational 127 vehicle is ready for highway use if it is on its wheels or 128 jacking system, is attached to the site only by quick 129 disconnect type utilities and security devises and has no 130 permanently attached additions); or 131 132 c. Meet all the requirements for manufactured homes in article 133 4 section 4.3 D.1., and the provisions of section 4.9 if located 134 in a V or VE Zone. 135 136 COMMENT 137 138 The addition of the AH designation is required by FEMA to bring the ordinance into 139 compliance. The only areas in the City so designated are on lands owned by the Commonwealth or 140 the Federal Government. The addition of the requirements for recreational vehicles is required by 141 FEMA to bring the ordinance into compliance. 142 143 Sec. 4.5. AE or AH Zone requirements. 144 145 The following provisions shall apply in the AE or AH Zones: 146 147 A. Until a regulatory floodway is designated, no new construction, substantial 148 improvements or other development (including fill) shall be permitted 149 within the areas of special flood hazard, designated as Zone AE or AH on 150 the FIRM, unless it is demonstrated that the cumulative effect of the 151 proposed development, when combined with all other existing and 152 anticipated development, will not increase the water surface elevation of 153 the base flood more than one (1) foot at any point within the city. 154 155 B. Notwithstanding the criteria set forth in section 4.10, development 156 activities in Zones AE or AH on the City of Virginia Beach FIRM that 157 increase the water surface elevation of the base flood by more than one 158 (1) foot may be allowed, provided that the applicant first applies, with the 159 City of Virginia Beach's endorsement, for a conditional letter of map 160 revision, and receives the approval of FEMA. 161 162 .... 163 4 164 165 COMMENT 166 167 The addition of the AH designation is required by FEMA to bring the ordinance into 168 compliance. The only areas in the City so designated are on lands owned by the Commonwealth or 169 the Federal Government. 170 171 Sec. 4.9. V and VE Zone requirements. 172 173 The following provisions shall apply within the V and VE Zones: 174 175 A. All new construction and substantial improvements, including to 176 manufactured homes, shall be elevated on pilings or columns so that: 177 178 1. The bottom of the lowest horizontal structural member of the lowest 179 floor (excluding the pilings or columns) is elevated to a minimum of 180 two (2) feet above the base flood level; and 181 182 2. The pile or column foundation and structure attached thereto is 183 anchored to resist flotation, collapse and lateral movement due to 184 the effects of wind and water loads acting simultaneously on all 185 building components. Wind and water loading values shall each 186 have a one (1) percent chance of being equaled or exceeded in any 187 given year. 188 189 • . 190 191 COMMENT 192 193 The addition of the requirements for manufactured homes is required by FEMA to bring 194 the ordinance into compliance. 195 196 Sec. 4.11. Subdivision proposal requirements. 197 198 A. All subdivision proposals shall be consistent with the need to minimize 199 flood damage. 200 201 B. All subdivision proposals shall have public utilities and facilities such as 202 sewer, gas, electrical, and water systems located and constructed to minimize flood 203 damage. 204 5 205 C. All subdivision proposals shall have adequate drainage provided to reduce 206 exposure to flood hazards. 207 208 D. Base flood elevation data shall be obtained from the most recent FIRM 209 (May 4, 2009 January 16, 2015) or developed using detailed methodologies, including 210 hydraulic and hydrologic analysis, comparable to those contained in a FIS for all final 211 plats and other development proposals (including manufactured home parks and 212 neighborhoods). 213 214 215 216 COMMENT 217 218 These amendments reflect the date of the Flood Insurance Rate Maps that have been 219 updated by FEMA. 220 221 THIS ORDINANCE SHALL BECOME EFFECTIVE ON JANUARY 16, 2015. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 th day of October , 2014. APPROVED AS TO CONTENT: CA13073 R-5 September 11, 2014 APPROVED AS TO LEGAL SUFFICIENCY: gitV ./b( City Attorney's Office 6 Item-VI-1.lb(1-2) ORDINANCES/RESOLUTIONS -38- ITEM #64185 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AMEND the City Code: b. Section 10-1 re name changes at polling locations and ADD Section 10- 1.1 re satellite absentee voting Voting: 9-0 (1) Aragona Precinct to Bayside Sixth Grade Campus (2) Foxfire Precinct to Kemps Landing/Old Donation School Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 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 40 41 42 43 44 45 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY CODE PERTAINING TO NAME CHANGES AT POLLING LOCATIONS AND TO ADD SECTION 10-1.1 PERTAINING TO THE SATELLITE ABSENTEE VOTING SECTION AMENDED: § 10-1 SECTION ADDED: § 10-1.1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 10-1 of the City Code is hereby amended and Section 10-1.1 is hereby added and reordained, to read as follows: Sec. 10-1. Establishment of precincts and polling places. There are hereby established in the city the following precincts and their respective polling places, as set forth below: Precinct Alanton Aragona Arrowhead Avalon Baker Bayside Bellamy Blackwater Bonney Brandon Brookwood Buckner Cape Henry Capps Shop Centerville Chesapeake Beach Chimney Hill College Park Colonial Colony Corporate Landing Courthouse Polling Place Alanton Elementary School Bayside Sixth Grade Campus Arrowhead Elementary School Woodstock Elementary School Ebenezer Baptist Church Bayside Elementary School Salem Middle School Blackwater Fire Station Holland Road Baptist Church Brandon Middle School Plaza Annex Green Run Baptist Church Research and Enlightenment Building (Edgar Cayce Library) Back Bay Christian Assembly Centerville Elementary School Bayside Baptist Church Congregation Beth Chaverim College Park Elementary School Colonial Baptist Church Lynnhaven Colony Congregational Church Corporate Landing Middle School Courthouse Fire Station 1 46 Creeds Creeds Fire Station 47 Cromwell Salem United Methodist Church 48 Culver Ocean Lakes High School 49 Dahlia Green Run High School 50 Davis Corner Bettie F. Williams Elementary School 51 Eastern Shore Eastern Shore Chapel 52 Edinburgh St. Aidan's Episcopal Church 53 Edwin Kempsville Recreation Center 54 Fairfield Kempsville Presbyterian Church 55 Foxfire Princess Anne Middle School 56 Kemps Landing/Old Donation School 57 Glenwood Glenwood Elementary School 58 Great Neck All Saints Episcopal Church 59 Green Run Green Run Elementary School 60 Haygood Haygood United Methodist Church 61 Hillcrest Victory Baptist Church 62 Holland Holland Elementary School 63 Homestead Providence Presbyterian Church 64 Hunt Princess Anne Recreation Center 65 Indian Lakes Indian Lakes Elementary School 66 Kings Grant St. Nicholas Catholic Church 67 Kingston King's Grant Presbyterian Church 68 Lake Christopher New Convenant Presbyterian Church 69 Lake Joyce Morning Star Baptist Church 70 Lake Smith Bayside Church of Christ 71 Landstown Landstown Community Church 72 Larkspur St. Andrews United Methodist Church 73 Lexington Larkspur Middle School 74 Linkhorn Virginia Beach Community Chapel 75 Little Neck Lynnhaven United Methodist Church 76 London Bridge London Bridge Baptist Church 77 Lynnhaven Tidewater Area Christian Fellowship 78 Magic Hollow Virginia Beach Moose Family Center 79 Malibu Malibu Elementary School 80 Manor Providence Elementary School 81 Mt. Trashmore Windsor Woods Elementary School 82 Newtown Good Samaritan Episcopal Church 83 North Beach Galilee Episcopal Church 84 North Landing Hope Haven 85 Ocean Lakes Ocean Lakes Elementary School 86 Ocean Park Bayside Community Recreation Center 87 Oceana Scott Memorial United Methodist Church 88 Old Donation Calvary Baptist Church 89 Pembroke Pembroke Elementary School 90 Pinewood Lynnhaven Presbyterian Church 2 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 Plaza Pleasant Hall Point O'View Red Wing Rock Lake Rosemont Forest Roundhill Rudee Seatack Shannon Shelburne Shell Shelton Park Sherry Park Sigma South Beach Stratford Chase Strawbridge Tallwood Thalia Thoroughgood Timberlake Trantwood Upton Village Windsor Oaks Witchduck Wolfsnare Central Absentee Voter Precinct Satellite Absentee Voter Precincts (only for November Elections and Presidential Primaries) Lynnhaven Elementary School Kempsville Baptist Church Pleasant Hall Annex Kempsville Church of Christ Fraternal Order of Police, Lodge #8 Salem Elementary School Rosemont Forest Elementary School Salem High School Virginia Beach Volunteer Rescue Squad Building Mount Olive Baptist Church Church of the Ascension Christopher Farms Elementary School Unity Church of Tidewater Shelton Park Elementary St. Matthews Catholic Church Red Mill Elementary School Contemporary Art Center of Virginia Community United Methodist Church Strawbridge Elementary School Tallwood Elementary School Thalia Elementary School Independence Middle School White Oaks Elementary School Virginia Beach Christian Church Three Oaks Elementary School Thalia Lynn Baptist Church Windsor Oaks Elementary School Bayside Presbyterian Church Virginia Beach Christian Life Center AgricultureNoter Registrar Building Sec. 10.1-1. Satellite Absentee Voting Courthouse Fire Station, Department of Motor Vehicles Office Donna Drive, Department of Motor Vehicles Office Buckner Boulevard The General Registrar may provide one or more locations in addition to the Voter Registrar's Office wherein absentee voters may vote in person as provided by Virginia Code § 24.2-707. Such location or locations shall be located within the City and approved by the local electoral board. The General Registrar shall provide notice of such satellite absentee voting locations at the Office of the Voter Registrar and at the Voter Registrar's website. Such notice will include information regarding what time the location is available for in-person absentee voting and other pertinent details. 3 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 7th day of October , 2014. APPROVED AS TO CONTENT: Voter Registrar CA13104 R-1 September 11, 2014 APPROVED AS TO LEGAL SUFFICIENCY: 4 Item -VI -1.1c ORDINANCES/RESOLUTIONS -39- ITEM #64186 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AMEND the City Code: c. Section 27-5 re service charge for security system false alarms requiring the Police Department to respond Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 1 AN ORDINANCE TO AMEND SECTION 27-5 2 OF THE CITY CODE PERTAINING TO 3 SERVICE CHARGE FOR FALSE ALARMS TO 4 WHICH POLICE ARE REQUIRED TO 5 RESPOND 6 7 SECTION AMENDED: § 27-5 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 27-5 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 Sec. 27-5. Service charge for false alarms to which police are required to respond. 15 There is hereby established a service charge of one hundred fifty dollars ($150.00) 16 to be paid by each residence after—two upon the third false alarm call within a twelve 17 month period and for each false alarm call thereafter to which the police of the city are 18 required to respond. Two hundred fifty dollars ($250.00) is hereby charged to each 19 business, industrial user for each false alarm caused by negligence to which the police 20 of the city are required to respond after two upon the third false alarm call within a 21 twelve month period and each call thereafter. Such charge shall be payable to the city 22 treasurer. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 7th day of October , 2014. APPROVED AS TO CONTENT: Policepartment CA1 076 R-2 September 23, 2014 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's ffice Item-VI-L2a ORDINANCES/RESOLUTIONS -40- ITEM #64187 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to DECLARE EXCESS City -owned property and AUTHORIZE the City Manager to sell same: DISTRICT 6 - BEACH a. 237, 239, 241, 243, 245 and 249 Roselynn Lane, 208 Middle Lane and 1530 Indiana Avenue to Bishard Development Corporation Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 1 AN ORDINANCE DECLARING THE PROPERTIES 2 LOCATED AT 237/239, 241/243 & 245/249 3 ROSELYNN LANE (GPINS 2417-05-1498; 2417-05- 4 2502 AND 2417-05-2518); 208 MIDDLE LANE (GPIN 5 2417-05-0083); AND 1530 INDIANA AVENUE (GPIN 6 2417-04-0984) TO BE IN EXCESS OF THE CITY'S 7 NEEDS AND AUTHORIZING THE CITY MANAGER 8 TO SELL SAME TO BISHARD DEVELOPMENT 9 CORPORATION. 10 11 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 12 certain parcels of land located at 237/239 Roselynn Lane, 241/243 Roselynn Lane, 13 245/249 Roselynn Lane; 208 Middle Lane, and 1530 Indiana Avenue, (collectively, the 14 "Properties"), more particularly described on Exhibit "A" attached hereto and made a 15 part hereof; 16 17 WHEREAS, the City acquired the Properties pursuant to the APZ-1 18 Acquisition Program; 19 20 WHEREAS, the City funded the acquisition of the Properties through a 21 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 22 contributing fifty percent (50%) of the funds; 23 24 WHEREAS, the Properties are in the midst of other residences and at the 25 time of acquisition were improved with residential duplexes, which have since been 26 demolished; 27 28 WHEREAS, City Council has elected to allow the reconstruction of two 29 single-family homes on the Properties in order to maintain the integrity of the 30 neighborhood; 31 32 WHEREAS, a Request for Proposal ("RFP") was advertised for the 33 potential sale of the Properties; 34 35 WHEREAS, Bishard Development Corporation ("Bishard") was one of the 36 respondents to the RFP and was selected to develop the sites; 37 38 WHEREAS, the APZ-1 Disposition Committee has recommended that City 39 Council declare the Properties to be in excess of the City's needs and sell the 40 Properties to Bishard; 41 42 WHEREAS, Bishard will build two (2) new single-family homes on the 43 Properties to prescribed standards acceptable to the City, including elevated noise 44 attenuation and design criteria, and Bishard will thereafter convey the improved 45 Properties to an owner -occupant; 46 47 WHEREAS, Bishard will purchase the Properties in accordance with the 48 Summary of Terms attached hereto as Exhibit "B" and made a part hereof; and 49 50 51 excess of the needs of the City of Virginia Beach. 52 WHEREAS, the City Council is of the opinion that the Properties are in 53 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 54 OF VIRGINIA BEACH, VIRGINIA: 55 56 That the Properties located at 237/239 Roselynn Lane, 241/243 Roselynn Lane, 57 245/249 Roselynn Lane; 208 Middle Lane, 1530 Indiana Avenue are hereby declared to 58 be in excess of the needs of the City of Virginia Beach and that the City Manager is 59 hereby authorized to execute any documents necessary to convey the Properties to 60 Bishard Development Corporation in accordance with the Summary of Terms and such 61 other terms, conditions or modifications as may be acceptable to the City Manager and 62 in a form deemed satisfactory by the City Attorney. 63 64 Further, that the revenue from the sale of the Properties in the amount of 65 $165,000 shall be received and fifty (50) percent of this amount shall be appropriated to 66 CIP #9-060, Oceana Interfacility Traffic Area Conformity and Acquisition, and fifty (50) 67 percent shall be deposited for future payment by the City Manager to refund the 68 Commonwealth's portion in accordance with the grant agreement. A manual 69 encumbrance will be established to ensure that the $82,500 retained by the City will be 70 available for BRAC program acquisitions in future years per the agreement with the 71 Commonwealth. 72 73 This ordinance shall be effective from the date of its adoption. 74 75 Adopted by the Council of the City of Virginia Beach, Virginia, on the 76 7th day of October , 2014. CA12968 R-1 9/17/14 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d008\p024\00153512.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY APPROVED AS TO CONTENT Lozud- Management Services EXHIBIT A LEGAL DESCRIPTION "Building Site 1": 237/239 Roselynn Lane (GPIN: 2417-05-1498); 241/243 Roselynn Lane (GPIN: 2417-05-2502) and 245/249 Roselynn Lane (GPIN: 2417-05-2518) Parcel One - 237/239 Roselynn Lane (GPIN: 2417-05-1498) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach, Virginia and being designated and described as "LOT 27 GPIN: 2417-05-1498," and further being described as "GPIN: 2417-05-1498 6,250 SQ. FT. 0.143 ACRES," as shown on that certain plat entitled, "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM NALA CORPORATION (GPIN: 2417-05-1498) BY SHEPHERD ENTERPRISES, LLC," Scale: 1" = 20', dated October 23, 2012, prepared by Rouse-Sirine Associates, Ltd., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20121228001474230, to which reference is made for more particular description. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING the same the same property conveyed to the City of Virginia Beach by Deed from Shepherd Enterprises, LLC dated August 1, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130802000911890. Parcel Two - 241/243 Roselynn Lane (GPIN: 2417-05-2502) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach, Virginia and being designated and described as "LOT 28 GPIN: 2417-05-2502," and further being described as "GPIN: 2417-05-2502 6,250 SQ. FT. 0.143 ACRES," as shown on that certain plat entitled, "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM ROBERT S. LINDSLEY, JR. & ROBERT A. BONWELL, SR., CO-EXECUTORS OF THE ESTATE OF EDWIN B. LINDSLEY, JR. (GPIN: 2417-05-2502) BY CITY OF VIRGINIA BEACH FOR CIP 9- 060.001," Scale: 1" = 20', dated November 19, 2012, prepared by Rouse-Sirine Associates, Ltd., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20130731000902530. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING the same the same property conveyed to the City of Virginia Beach by Deed from Shepherd Enterprises, LLC dated August 1, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130802000911890. Parcel Three - 245/249 Roselvnn Lane (GPIN: 2417-05-2518) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach, Virginia and being designated and described as "LOT 29 GPIN: 2417-05-2518," and further being described as "GPIN: 2417-05-2518 6,250 SQ. FT. 0.143 ACRES," as shown on that certain plat entitled, "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM NALA CORPORATION (GPIN: 2417-05-2518) BY SHEPHERD ENTERPRISES, LLC," Scale: 1" = 20', dated October 23, 2012, prepared by Rouse-Sirine Associates, Ltd., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20121228001474240, to which reference is made for more particular description. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING the same the same property conveyed to the City of Virginia Beach by Deed from Shepherd Enterprises, LLC dated August 1, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130802000911890. "Building Site 2": 208 Middle Lane (GPIN: 2417-05-0083) & 1530 Indiana Avenue (GPIN: 2417-04- 0984) Parcel One — 208 Middle Lane (GPIN: 2417-05-0083) ALL THAT certain lot, piece or parcel of land, situate in the City of Virginia Beach, Virginia, Lynnbrough Magistrate, District of Princess Anne and designated as parcel "B" as shown on that plat of "Property of Laura H. Boush, a part of Blocks 18 & 19, Oceana Gardens, Princess Anne Co., VA", made on August 28, 1950, by W.B. Gallup , Country Surveyor, which said plat is duly recorded with a deed from Annie Boush Macon, et als, to George W. Boush, et als, dated September 16, 1950, and recorded in Clerk's Office of the Circuit Court of the City of Virginia Beach, (formerly Princess Anne County) Virginia, in Deed Book 279 at page 456, said plat recorded in the Clerk's Office in Map Book 26, at page 45. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Domingo K. Bolinto and Maria T. Bolinto dated October 12, 2012, recorded in the aforesaid Clerk's Office as Instrument Number 20121017001202050. Parcel Two — 1530 Indiana Avenue (GPIN: 2417-04-0984) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach, Virginiaand being designated and described as "Parcel A GPIN: 2417-04-0984," and further being described as "GPIN: 2417-04-0984 8,434 SQ. FT. 0.194 ACRES," as shown on that certain plat entitled, "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM NALA CORPORATION (GPIN: 2417-04-0984) BY SHEPHERD ENTERPRISES, LLC," Scale: 1" = 20', dated October 11, 2012, prepared by Rouse-Sirine Associates, Ltd., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20121228001474320, to which reference is made for more particular description. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING the same the same property conveyed to the City of Virginia Beach by Deed from Shepherd Enterprises, LLC dated August 1, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130802000911890. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 237/239 ROSELYNN LANE, 241/243 ROSELYNN LANE, 245/249 ROSELYNN LANE, 208 MIDDLE LANE, AND 1530 INDIANA AVENUE. SELLER: City of Virginia Beach BUYER: Bishard Development Corporation, a Virginia corporation PROPERTY: Building Site 1: 237/239 Roselynn Lane (GPIN 2417-05-1498) 241/243 Roselynn Lane (GPIN 2417-05-2502) 245/249 Roselynn Lane (GPIN 2417-05-2518) Building Site 2: 208 Middle Lane (GPIN 2417-05-0083) 1530 Indiana Avenue (GPIN 2417-04-0984) SALE PRICE: $165,000 total for both Building Site 1 and Building Site 2. CONDITIONS OF SALE: • Property is purchased "As Is, Where Is." • Seller shall convey the Property subject to a deed restriction preventing the Property from being the subject of future participation in the APZ-1 Acquisition Program. • Buyer, at its own cost, shall resubdivide the properties to vacate interior lot lines. • Seller shall convey each Building Site subject to a plat or deed restriction limiting the Site to the development of one single-family dwelling unit, in perpetuity. • Buyer shall construct one single-family dwelling on each Building Site, in a style that substantially matches the style and design criteria approved by the Planning Department. • Buyer shall deposit Five Thousand and no/100 Dollars ($5,000.00) per building site at the execution of the Purchase Agreement. • Buyer is required to construct using materials for enhanced noise attenuation. • Buyer is required to complete construction no later than October 7, 2015. 0A19 VNV OO N Ni NNA13SO2:1 z z z O >- <o�� ✓ CO Z Z Z O WJ J J X al al al wUU) 000 01 M M N N N I` r a!) M V" N N N 0 0 0 L) 0 E a) co m J c En O OD N \2417-05-1498,25 PS\SPREAD\Roselynn L RC Files\AGENDA M O N . Support Service 0) a) - J GA19 VNV33O N 4 Ni NNJl13SOJ n. 0° 0 0 0 N RDNECK RD S . Support Service by P.W./Eng./E Item-VI-L2b ORDINANCES/RESOLUTIONS -41- ITEM #64188 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to DECLARE EXCESS City -owned property and AUTHORIZE the City Manager to sell same: DISTRICT 6 - BEACH b. 2261 Royal Haven Crest to Bishard Development Corporation Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 1 AN ORDINANCE DECLARING THE PARCEL 2 LOCATED AT 2261 ROYAL HAVEN CREST (GPIN 3 1497-91-3362) TO BE IN EXCESS OF THE CITY'S 4 NEEDS AND AUTHORIZING THE CITY MANAGER 5 TO SELL SAME TO BISHARD DEVELOPMENT 6 CORPORATION 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 9 certain parcel of land located at 2261 Royal Haven Crest (the "Property"), more 10 particularly described on Exhibit "A" attached hereto and made a part hereof; 11 12 WHEREAS, the City acquired the Property pursuant to the London Bridge 13 Road, Phase III, CIP 2-137; VDOT Project No. U000 -134-V29, RW -201, C-501; 14 15 WHEREAS, the Property is in the midst of other residences and at the 16 time of acquisition was improved with a residential duplex dwelling, which has since 17 been demolished; 18 19 WHEREAS, a Request for Proposal ("RFP") was advertised for the 20 potential sale of the Property; 21 22 WHEREAS, Bishard Development Corporation ("Bishard") was one of the 23 respondents to the RFP and was selected to develop the site; 24 25 WHEREAS, subject to its ability to obtain all applicable approvals, Bishard 26 will build one (1) new single-family home on the Property to prescribed standards 27 acceptable to the City, and Bishard will thereafter convey the improved Property to an 28 owner -occupant; 29 30 WHEREAS, Bishard will purchase the Property in accordance with the 31 Summary of Terms attached hereto as Exhibit "B" and made a part hereof; and 32 33 WHEREAS, the City Council is of the opinion that the Property is in 34 excess of the needs of the City of Virginia Beach. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 37 OF VIRGINIA BEACH, VIRGINIA: 38 39 That the Property located at 2261 Royal Haven Crest is hereby declared to be in 40 excess of the needs of the City of Virginia Beach and that the City Manager is hereby 41 authorized to execute any documents necessary to convey the Property to Bishard 42 Development Corporation in accordance with the Summary of Terms and such other 43 terms, conditions or modifications as may be acceptable to the City Manager and in a 44 form deemed satisfactory by the City Attorney. 45 46 Further, that the revenue from the sale of the Property in the amount of 47 $81,000 shall be received and used by the City for Title 23 -eligible transportation 48 projects. 49 50 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 53 7th day of October , 2014. This ordinance shall be effective from the date of its adoption. CA12967 R-1 9/17/14 \\vbgov.com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d008\p024\00153508. doc APPROVED AS TO CONTENT C.1s0,\_ blic Works APPROVED AS TO LEGAL SUFFICIENCY / City Attorney's Office APPROVED AS TO CONTENT JC.: 0 Management Services EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 2261 ROYAL HAVEN CREST SELLER: City of Virginia Beach PURCHASER: Bishard Development Corporation, a Virginia corporation PROPERTY: 2261 Royal Haven Crest (GPIN 1497-91-3362) SALE PRICE: $81,000 CONDITIONS OF SALE • Property is purchased "As Is, Where Is." • Buyer shall deposit Five Thousand and no/100 Dollars ($5,000.00) at the execution of the Purchase Agreement. • Buyer has 30 (thirty) days from execution of the Agreement of Sale to notify the Seller of any title defects that would prevent closing. • Buyer has sixty (60) days from execution of the Agreement of Sale to notify Seller of any conditions that would render the Property unsuitable for Buyer's intended use. This Property is within the Resource Protection Area (RPA) and the specific plan for development is subject to review and approval by the Chesapeake Bay Preservation Area Board for compliance with the Chesapeake Bay Preservation Area Ordinance. • Buyer shall construct one single-family dwelling on the building site, in a style that substantially matches the style and design criteria approved by the Planning Department. • Closing will occur on or before October 7, 2015. EXHIBIT A LEGAL DESCRIPTIONS 2261 Royal Haven Crest (GPIN 1497-91-3362) ALL THAT certain tract, piece of parcel of land together with any improvements thereon and all appurtenances thereunto belonging, Tying, situate and being in the City of Virginia Beach, Virginia and being designated and described as "LOT 33A GPIN 1497-91-3362" and further described in the Table of Areas as "LOT 33A 12,835 SQ. FT. 0.29465 AC." as shown on that certain plat entitled "RESUBDIVISION OF LOT 33 AND A PORTION OF LOT 34 KINGSWOOD SQUARE M.B. 188 PG. 25 VIRGINIA BEACH, VIRGINIA", prepared by Department of Public Works, Engineering Group, Survey Bureau, City of Virginia Beach, Virginia, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20130129000118350, reference to which plat is hereby made for a more particular description of said property. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING the same property conveyed to the City of Virginia Beach by deed dated August 28, 2000 from Francis K. Achampong and Nicole V. Achampong, his wife, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4294, at page 1949. E N co C7 c7 0) n a) et N 0 c > m S 0 s\AGENDA MAPS\SPREAD\Ro 0 0) 0 v 0 N P.W./Eng./Eng. Support Service Item-VI-L2c ORDINANCES/RESOLUTIONS -42- ITEM #64189 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to DECLARE EXCESS City -owned property and AUTHORIZE the City Manager to sell same: DISTRICT 6 - BEACH c. 209 Middle Lane, 1533, 1541 and 1543 Ohio Avenue to Cashvan Homes, LLC Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N Ross -Hammond Rosemary Wilson October 7, 2014 1 AN ORDINANCE DECLARING THE PROPERTIES 2 LOCATED AT 209 MIDDLE LANE, 1533 OHIO 3 AVENUE, AND 1541/1543 OHIO AVENUE (GPINS 4 2407-95-9036, 2407-95-9122 AND 2407-95-8046) TO 5 BE IN EXCESS OF THE CITY'S NEEDS AND 6 AUTHORIZING THE CITY MANAGER TO SELL 7 SAME TO CASHVAN HOMES, LLC. 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 10 certain parcels of land located at 209 Middle Lane, 1533 Ohio Avenue and 1541/1543 11 Ohio Avenue (collectively, the "Properties"), more particularly described on Exhibit "A" 12 attached hereto and made a part hereof; 13 14 WHEREAS, the City acquired the Properties pursuant to the APZ-1 15 Acquisition Program; 16 17 WHEREAS, the City funded the acquisition of the Properties through a 18 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 19 contributing fifty percent (50%) of the funds; 20 21 WHEREAS, the Properties are in the midst of other residences and at the 22 time of acquisition were improved with a single-family dwelling and two duplex 23 dwellings, which have since been demolished or are slated for demolition; 24 25 WHEREAS, City Council has elected to allow the reconstruction of one (1) 26 single-family home on the Properties in order to maintain the integrity of the 27 neighborhood; 28 29 WHEREAS, a Request for Proposal ("RFP") was advertised for the 30 potential sale of the Properties; 31 32 WHEREAS, Cashvan Homes, LLC ("Cashvan") was one of the 33 respondents to the RFP and was selected to develop the sites; 34 35 WHEREAS, the APZ-1 Disposition Committee has recommended that City 36 Council declare the Properties to be in excess of the City's needs and sell the 37 Properties to Cashvan; 38 39 WHEREAS, Cashvan will build one (1) new single-family home on the 40 Properties to prescribed standards acceptable to the City, including elevated noise 41 attenuation and design criteria, and Cashvan will thereafter convey the improved 42 Properties to an owner -occupant; 43 44 WHEREAS, Cashvan will purchase the Properties in accordance with the 45 Summary of Terms attached hereto as Exhibit "B" and made a part hereof; and 46 47 WHEREAS, the City Council is of the opinion that the Properties are in 48 excess of the needs of the City of Virginia Beach. 49 50 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 51 OF VIRGINIA BEACH, VIRGINIA: 52 53 That the Properties located at 209 Middle Lane, 1533 Ohio Avenue and 54 1541/1543 Ohio Avenue are hereby declared to be in excess of the needs of the City of 55 Virginia Beach and that the City Manager is hereby authorized to execute any 56 documents necessary to convey the Properties to Cashvan Homes, LLC in accordance 57 with the Summary of Terms and such other terms, conditions or modifications as may 58 be acceptable to the City Manager and in a form deemed satisfactory by the City 59 Attorney. 60 61 Further, that the revenue from the sale of the Properties in the amount of 62 $82,500 shall be received and fifty (50) percent of this amount shall be appropriated to 63 CIP #9-060, Oceana Interfacility Traffic Area Conformity and Acquisition, and fifty (50.) 64 percent shall be deposited for future payment by the City Manager to refund the 65 Commonwealth's portion in accordance with the grant agreement. A manual 66 encumbrance will be established to ensure that the $41,250 retained by the City will be 67 available for BRAC program acquisitions in future years per the agreement with the 68 Commonwealth. 69 70 This ordinance shall be effective from the date of its adoption. 71 72 Adopted by the Council of the City of Virginia Beach, Virginia, on the 73 7th day of October , 2014. CA12969 R-1 9/17/14 \\vbgov.com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d008\p024\00153503.doc APPROVED AS TO CONTENT ing Iic Works APPROVED AS TO LEGAL SUFFICIENCY City Attffice APPROVED AS TO CONTENT Management Services EXHIBIT A LEGAL DESCRIPTION Building Site 1 (209 Middle Lane, 1533 Ohio, 1541/1543 Ohiol Parcel One - GPIN: 2407-95-9036 (209 Middle Lane) ALL THAT certain lot, piece or parcel of land, situate in the City of Virginia Beach (formerly County of Princess Anne), State of Virginia, being known, numbered and designated as the southern 60 feet of the northern 125 feet of Lots 9 and 10, in block 9, on the plat of Oceana Gardens, which plat is recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia (formerly County of Princess anne), in Map Book 3 at page 51; said property fronting 60 feet on the western side of Middle Lane and extending back between parallel lines 120 feet; its northern side being parallel with and 65 feet south of the southern side of Ohio Avenue. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Joan Price Grasser and Catherine Elaine Burgess dated May 6, 2011, recorded in the aforesaid Clerk's Office as Instrument Number 20110523000521300 Parcel Two - GPIN: 2407-95-9122 (1533 Ohio Avenue) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach, Virginia and being designated and described as "GPIN: 2407-95-9122," and further being described as "GPIN: 2407- 95-9122 7,796 SQ. FT. 0.179 ACRES," as shown on that certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM NALA CORPORATION (GPIN: 2407-95-9122) BY SHEPHERD ENTERPRISES, LLC," Scale: 1=20', dated October 11, 2012, prepared by Rouse-Sirine Associates, Ltd., which plat is duly recorded in Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20121228001474280, to which reference is made for more particular description. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING the same the same property conveyed to the City of Virginia Beach by Deed from Shepherd Enterprises, LLC dated August 1, 2013 and recorded in the aforesaid Clerk's office as Instrument Number 20130802000911890. Parcel Three — GPIN: 2407-95-8046 (1541/1543 Ohio Avenue) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, Tying, situate and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 8-A, as shown on that certain plat entitled "Resubdivision of Lot 8, Block 9, plat of Oceana Gardens, Lynnhaven Borough, Virginia Beach, Virginia", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 128, at page 3. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING the same the same property conveyed to the City of Virginia Beach by Deed from Samal Holdings,LLC dated March 4, 2010 and recorded in the aforesaid Clerk's office as Instrument Number 20100310000231850. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 209 MIDDLE LANE, 1533 OHIO AVENUE, & 1541/1543 OHIO AVENUE SELLER: City of Virginia Beach BUYER: Cashvan Homes, LLC, a Virginia limited liability company. PROPERTY: Building Site: 209 Middle Lane (GPIN 2407-95-9036) 1533 Ohio Avenue (GPIN 2407-95-9122) 1541/1543 Ohio Avenue (GPIN 2407-95-8046) SALE PRICE: $82,500 for Building Site. CONDITIONS OF SALE • Property is purchased "As Is, Where Is." • Seller shall convey the Property subject to a deed restriction preventing the Property from being the subject of future participation in the APZ-1 Acquisition Program. • Buyer, at its own cost, shall resubdivide the properties from 3 lots to 1 lot by vacating interior lot lines. • Seller shall convey the Property subject to a plat or deed restriction limiting the Property to the development of one single-family dwelling unit, in perpetuity. • Buyer shall construct one single-family dwelling on the Property, in a style that substantially matches the style and design criteria approved by the Planning Department. • Buyer shall deposit Five Thousand and no/100 Dollars ($5,000.00) per building site at the execution of the Purchase Agreement. • Buyer is required to construct using materials for enhanced noise attenuation. • Buyer is required to complete construction no later than October 7, 2015. Ni alaaiW, , , X:\CADD\Projects\ARC Files\AGENDA MAPS\SPREAD\Ohio Ave\2407-95-9122,8046,9036\Ohio Avenue.mxd Prepared by P.W./Eng./Eng. Support Services Bureau 06/05/2014 Item-VI-L2d ORDINANCES/RESOLUTIONS -43- ITEM #64190 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to DECLARE EXCESS City -owned property and AUTHORIZE the City Manager to sell same: DISTRICT 6 - BEACH d. 1548 Michigan Avenue to Dockey Lee Warren Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 1548 MICHIGAN 3 AVENUE (GPIN 2407-95-7518) TO BE IN 4 EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO 6 SELL THE PROPERTY TO DOCKEY LEE 7 WARREN 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 10 11,090 sq. ft. parcel of land located at 1548 Michigan Avenue (the "Property") more 11 particularly described on Exhibit "A" attached hereto and made a part hereof; 12 13 WHEREAS, the City acquired the Property pursuant to the APZ-1 14 Acquisition Program; 15 16 WHEREAS, the City funded the acquisition of the Property through a 17 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 18 contributing fifty percent (50%) of the funds; 19 20 WHEREAS, the Property is in the midst of other residences and at the 21 time of acquisition was improved with one single-family dwelling unit; 22 23 WHEREAS, Dockey Lee Warren (the "Buyer") owns adjacent property at 24 1556 Michigan Avenue and has requested to purchase the Property in order to utilize it 25 in a manner compatible with the APZ-1 Ordinance; 26 27 WHEREAS, the Buyer desires to purchase the Property in accordance with 28 the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 29 30 WHEREAS, the APZ-1 Disposition Committee has recommended that City 31 Council declare the Property to be in excess of the City's needs and sell the Property to 32 the Buyer; and 33 34 WHEREAS, the City Council is of the opinion that the Property is in 35 excess of the needs of the City of Virginia Beach. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 38 OF VIRGINIA BEACH, VIRGINIA: 39 40 That the Property located at 1548 Michigan Avenue is hereby declared 41 to be in excess of the needs of the City of Virginia Beach and that the City Manager is 42 hereby authorized to execute any documents necessary to convey the Property to 43 Dockey Lee Warren in accordance with the Summary of Terms attached hereto as 44 Exhibit "B" and such other terms, conditions or modifications as may be acceptable to 45 the City Manager and in a form deemed satisfactory by the City Attorney. 46 47 Further, that revenue from the sale of the Property in the amount of 48 $11,090 shall be received,and fifty (50) percent of this amount shall be appropriated to 49 CIP #9-060, Oceana Interfacility Traffic Area Conformity & Acquisition, and fifty (50) 50 51 52 53 54 55 56 57 58 59 percent shall be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the $5,545 retained by the City will be available for BRAC program acquisitions in future years per the agreement with the Commonwealth. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7thday of October 2014. CA13093 R-1 9/17/14 \\vbgov.com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d026\p017\00150730.doc APPROVED AS TO CONTENT CTht Cc sAv blic Works APPROVED AS TO LEGAL SUFFICIENCY 1 Cit Att•'i -v's ��ffice APPROVED AS TO CONTENT Management Services EXHIBIT "A" GPIN 2407-95-7518 (1548 Michigan Avenue) ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvement thereon, located near Oceana, in Oceana Gardens, Lynnhaven Magisterial District, City of Virginia Beach, Virginia, and known numbered and designated as the Western fifty (50) feet of the Southern one hundred fifty (150) feet of Lot Six (6), and the Eastern twenty-five (25) feet of the Southern one hundred fifty (150) feet of Lot Five (5), in Block Thirteen (13), of the Plat of Oceana Gardens duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Map Book 3, at page 51, and more particularly described as follows: BEGINNING at a point on the Northern line of Michigan Avenue 250 feet West of the Northwest intersection of said Michigan Avenue and Middle Lane and running thence Westerly along the North line of said Michigan Avenue 75 feet; thence Northerly and parallel with Michigan Avenue 75 feet; thence Southerly and parallel with said Middle Lane 150 feet to the Northern line of said Michigan Avenue, the point of beginning. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING the same property conveyed to the City of Virginia Beach by deed from Nancy G. Braithwaite, dated February 27, 2014, and recorded in the aforesaid Clerk's Office in Instrument No. 20140227000171890. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 1548 Michigan Avenue Seller: City of Virginia Beach Buyer: Dockey Lee Warren Property: 1548 Michigan Avenue (GPIN: 2407-95-7518) consisting of 11,090 square feet of land. Legal Description: See Exhibit "A" to Ordinance Sale Price: $11,090 CONDITIONS OF SALE: • Property is purchased "As Is, Where Is." • Buyer has been advised of APZ-1 restrictions for use. • Buyer may use the Property for accessory structures, or Buyer may otherwise utilize the property for construction in conjunction with his adjacent property upon resubdivision to remove interior lot lines; however, Buyer may not add any new dwelling units. • Seller shall resubdivide the Property at its expense to vacate interior lot lines. • Seller shall demolish existing improvements on the Property. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Seller will reserve any fee in the streets and any easements necessary for public purposes. • Closing shall occur on or before October 7, 2015. 0 , 7 \ 0 4. 0 7 N1 TICICIM Ei r • 0 Ni .183M r 1 MICHIGAN -AVE , City Property Itenz -VI-I.3 ORDINANCES/RESOLUTIONS -44- ITEM #64191 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE a formal "sister city" relationship between Virginia Beach and Olonogapo, Philippines; and, direct the City Clerk to forward this Resolution to Sister Cities International for the issuance of a charter Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 1 A RESOLUTION APPROVING OLONGAPO, 2 PHILIPPINES, AS A SISTER CITY TO 3 VIRGINIA BEACH 4 5 WHEREAS, the "Sister City" concept was inaugurated by General Dwight D. 6 Eisenhower, President of the United States, as a "People -to -People" program [also 7 known as "Hands Across the Sea] in 1956. The purpose was to establish greater 8 friendship, peace and understanding between the people of the United States and those 9 of other nations world-wide through direct personal relationships; 10 11 WHEREAS, all succeeding Presidents have endorsed this program and 12 promoted the sharing of cultures, economies, education, ideas, sports and various 13 other facets of personal, business and commercial exchanges. The People -to -People 14 program was enhanced in the establishment of Sister Cities International to involve 15 cities, towns and counties; 16 17 WHEREAS, the City of Virginia Beach, through disaster in the shipwreck of the 18 "Dictator", off the shores of Cape Henry in 1891, has enjoyed great experiences and 19 personal relationships with our first Sister City, Moss, Norway, and annually shares 20 commemorations of the Norwegian Lady with the Sons of Norway here and the City of 21 Moss. In 1992, Virginia Beach became a Sister City with Miyazaki City, Japan, and 22 much has been accomplished through adult and student exchanges, sharing the 23 Volunteer program, establishing the Japanese Garden, sharing Sister Parks, among 24 others. In 2001, North Down Co., Bangor, Northern Ireland, became our third Sister 25 City. As a result of Virginia Beach's 50t Anniversary and having a very large Filipino 26 population in the City, Olongapo, Philippines, was an invited guest which has resulted in 27 a very active effort toward our fourth Sister City; 28 29 WHEREAS, Olongapo Mayor Rolen Paulino arrived in Virginia Beach with great 30 enthusiasm, not only in his desire to twin with Virginia Beach but he was recognized by 31 so many Virginia Beach citizens from the airport to retail stores such as WalMart, AT&T 32 and Under Armour to the Nursing Homes and many citizens. The Philippine Cultural 33 Center and its members fully endorsed the proposed "sister city" concept and dedicated 34 their efforts to culminate this relationship. In March, Councilman Jong Cortez arrived 35 with a student delegation as an exchange visit to Tallwood High School - - the first ever 36 student "exchange" with Olongapo. When Virginia Beach learned of the typhoon 37 disaster in the Philippines, they immediately designated excess boats which are now 38 being shipped to the Philippines. During a Mayoral Delegation visit to Olongapo in May, 39 the Virginia Beach Sister City/Trade Office was dedicated in the Olongapo City Hall, a 40 Flag Square was erected and an anchor was dedicated as further symbolisms of 41 "friendship and sister relationship" between the two cities; 42 43 WHEREAS, a spark of interest was ignited between businessmen and citizens of 44 the City of Virginia Beach who compose the Philippine Cultural Center which became 45 the "fireworks" of excitement when Mayor Rolen Paulino and his Mayoral Delegation 46 visited the City to celebrate their 50th Anniversary in September 2013; and, 47 48 WHEREAS, Ambassador Jose L. Cuisia, Jr. visited Virginia Beach and blessed 49 the efforts of Virginia Delegate Ron Villanueva, business owners, Roy and Naomi 50 Estaris and many other Filipino citizens who support the twining of OLONGAPO, 51 PHILIPPINES, and the CITY OF VIRGINIA BEACH. 52 53 WHEREAS, the Sister Cities Association of Virginia Beach has unanimously 54 approved Olongapo, Philippines, as a "Sister City" to Virginia Beach and requests 55 Members of the Virginia Beach City Council endorse this relationship for the official 56 charter to be issued by the Sister Cities International Board of Directors. 57 58 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 59 VIRGINIA BEACH, VIRGINIA: 60 61 That the City Council hereby endorses the relationship of Olongapo, Philippines, 62 as a Sister City to Virginia Beach. 63 64 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 65 BEACH, VIRGINIA: 66 67 The City Clerk is directed to transmit a copy to the President of the Sister Cities 68 Association of Virginia Beach and an original submitted to the SCI office in Washington, 69 D. C. at the earliest possible date. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 7th day of October , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA13125 R-1 October 1, 2014 City Attorney's Office Republic of the Philippines CITY OF OLONGAPO Sangguniang cpan[ungsoi EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON AUGUST 14, 2013 AT 13.1E CITY HALL. PRESENT: Hon. Rodel S. Cerezo City Vice -Mayor & Presiding Officer Hon. Aquilino Y. Cortez, Jr. City Councilor Hon. Eduardo G. Guerrero Hon. Benjamin G. Caiudo 11 Hon. Elena C. Dabu Hon. Noel Y. Alitz< Hon. Alreuela M. Bundang-Ortiz Hon. Edna A. Elane- Hon. Emerito Linus D. Bacay ABSENT: Hon. Eynna Yvette Marzan-Estrella- - - Hon. Eduardo J. Piano Hon. Carlito A. Baloy Hon. Dolly Mae M. Ramos - City Councilor (On Official Business) City Councilor President, Liga ng mga Barangay SK City Federation President RESOLUTION NO. 77 (Series of 2013) A RESOLUTION EXTENDING AN INVITATION TO THE COUNCIL OF VIRGINIA. BEACH CITY, VIRGINIA, (LS.A, TO BECOME A SISTER CITY OF OLONGAPO, P AR.TICIPA I L IN THE PHILIPPINE SISTERHOOD AND TWINNENG PROGRAM AND AUTHORIZING TFIE HONORABLE CITY MAYOR ROLEN C. PAULI_NO TO ENTER INTO AGREEMENTS RELATIVE THERETO WHEREAS, history has shown that the United States of America and the Republic of the Philippines have a significant, fir- reachinn relationship that has made an impact in the lives of both Filipinos and Antericrvs. Even alter the 11S_ Navy Left Subic Bay in 1992, the Subic Bay Metropolitan Authority and Olongapo City have hosted numerous Navy vessels by virtue of the 'Visiting Forces Agreetnent; S 'IIEREAS_ it cnn also be recalled then, that as a host to the US Naval Bases. Olongapo may have served as a second home to some military personnel who were, or, are now residents of Virginia Beach, where their military careers conic! be traced; WHEREAS, Virginia Beach serves as a hometown to a significant number of Olongape"nos who have migrated to the US.. and as such, the huge membership of the Olongapo Association, committed and actively participating in the programs and projects in the said community; WHEREAS, the upcoming visit of the State Delegate of Virginia and Economic Development Director of its Council and other coordinating officials is a gesture of an existing healthy exciianne of influences in culture, custarrrs, traditions, lifestyle, and principles of both countries, unveiling the endless opportunities for the mutual development of the communities we WHEREAS, it is but fitting to nourish the said ties and formalize partnership initiatives in areas of common concern for both communities, through the Philippine Sisterhood and Tw=inning Program, towards reaping the benefits of cohesietr and exchange; Republic of the Philippines CITY OF OLONGAPO Sangguniang ?an(ungsoi Con't. of Resolution No. 77. Series of 2013. -1'- NOW, THEREFORE, on motion of City Councilor Noel Y. Atienza. with the unanimous accord Of the Members nf the S:uigguaiang Panlungsod. pm -sent, RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled , to extend, as it hereby extends, an invitation to the Council of Virginia Beach City, Virginia, U_S.;w to become a sister city of Olongapo, participate in the Philippine Sisterhood andTwinning Prom andauthorizin; the Honorable City Mayor Roten C. Paulino to enter into agreements relative thereto. APPROVED UNANTTMOU'LY, August 14, 20 City RODEL S ice -Mayor EYRALA YVETTE MARZAN- ESTREIJ,A City Councilor (on official bus AQUH 1NO Y. C ORTEZ, JR. City C uncilor BENJAMING. CA,/ TO City Coa;rya NOEL Y. ATIEN4 City Councilor EDNA A. E ..ANE City Councilor CARLITO A. BALOY President, Liga na mga Barangay (absent) ATTEST: L_ 0 res : ing Officer EDUARDO J. PIANO City Councilor (absent) EDUARD G. GUERRERO Ci uncilor ELE= C_ DABU City Councilor ALREUEL M. BUNDANG-ORTIZ ity C•ycilor MARIA tiICTORIA PULl1'IANO-B:AVJERA Temporary Council Secretary EMERITO L City CAY DOLLY MAE RAMOS SK City Federation President (absent) AI'PROV ED BY II1S HONOR, TTIE CITY MAYOR ON au_;uet "15, 2C-13 ROLEN C. PAULINO City \Tavor ATTEST: t(. SHEILA R DILLA Secretary io thk City A Iavor Republic of the Philippines CITY OF OLONGAPO Sangguniang (PanCungsod EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON AUGUST 14, 2013 AT THE CITY HALL. PRESENT: Hon. Rodel S. Cerezo City Vice -Mayor Sc. Presiding Officer Hon. Aquilino Y. Cortez, Jr. City Councilor Hon. Eduardo G. Guerrero Hon. Benjamin G. Cajudo 11 Hon. Elena C. Dabu Hon. Nod Y. Atienza Hon. Alreuela M. Bundanb Ortiz Hon. Edna A. Elane- Hon. Emerito Linus D. Bacay ABSENT: Hon. Eynna Yvette Marzan-Estrella- - - Hon. Eduardo J. Piano Hon. Carlito A. Baloy Hon. Dolly Mae M. Ramos- - City Councilor (On Official Business) City Councilor President, Liga. ng mga Barangay SK City Federation President —SOLUTION' NO. 73 (Series of 2013) A RESOLD 1'ION EXPRESSING WARM WELCOME AND i LLICITATIONS TO THE STATE DELEGATE OF VIRGINIA, U.S.A., MR. RON VILLANUEV A, CITY OF VIRGINIA BEACH ECONOMIC DEVELOPMENT DIRECTOR, MR.. WARREN HARRIS AND THE 1 RAVEL CLUB PRESIDENT, MR. ROY ESTARIS, ALL FROM VIRGINIA BEACH CITY, VIRGLNIA, U.S.A. WHEREAS, the City of Olongapo is deeply honored for the visit of officials from contntunities of the world, in the spirit of cordiality nurtured. through ntemtiagful sisterhood aareenietits mutually benefiting the people ofboth goKetnments; WHEREAS, the Virginia Beach City, Virginia, U.S.A. and Olongapo City look forward of the sister city ties between them and anticipate the benefits of cohesion and exchange through their developmental initiatives; '4i'llIERE_AS, the City stands privileged to welcome its doors to Honorable Ron Villanueva , the State Delegate of Virginia, U.SA, Mr_ Wai€eeu Harris, the City's Economic. Development Director together with Mr. Roy Estaris, of the Travel Club,Virginia, U.S.A. in this new era of cooperation; WHEREAS, Mr. Ron Villanueva is known. to represent the rights. privileges and concerns of the constituent of Virginia City,. amongst them are our very own kababayans, particularly from Olongapo who migrated in the United States. We are indeed thankful for his commitment in building coalitions from all groups and associations, more so representing our people, all in the spirit of unity: WHEREAS, Mr_ Warren Harris' presence in the trade mission, provides optimism in exploring possible socio-ec-niiomic and tourism partnerships between the two cities. Olongapo stands privileged to be benefitting from the collaborative learning and network programs in the area of education_ business and culture exchange_ WHEREAS, as President of the Travel Club_ Mr. Roy Estaris- valuable role in this trade mission is of great encouragement as it engraves that positive indicator of our common quest for good governance. transparency and unity amidst our diversity; Republic of the Philippines CITY OF OLONGAPO Sangguni ang Pan(ungsod Con't. of Resolution No. 73. Series of 2013. -7- NOW, THEREFORE, on motion of City Councilor Alreuela \ L Btundang-Ortiz with the unanimous accord oldie Members of the Sang*_uniane Panlun_=sod present RESOLVED. AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to express, as it hereby expresses, warm welcome and felicitations to the State Delegate of Virginia, U.S.A., Mr. Ron Villanueva, City of V ireiuia Beach Economic Develupmea.t Director, 4.1r. Warren Harris and he Travel Club President Mr. Roy Estari.s, all from Virginia Beach City, Virginia, U.S.A. APPROVED UNANIMOUS Y, August 14, 2013. City ROD EL S ice-tviayor EYRMA YVE iTE itiLARZAN- ESTRELLA City Councilor (on official business) AQUILINO Y! CORTEZ, JR. City ouncilor BE>`�iJAVIIN G. CUU 0II City Cc.unc NOEI5Y. ATIENZ City Council I /7! EDNA A. EV `+iE Citi Councilor CARLITO A. BALOY President, Liga ng crs_ga Barangay (absent) Z0 residing Officer EDUARDO J. PIANO City Councilor (absent) i EDUAR10 G, GUERRERO ncilor ELE,'C. DABU .ouncilor ALREUEA M. BUNDANG-ORTIZ City f' cilor EMERITO City ATTEST: C1 �� 1°-�i') C%Lvv� (2 11 %�..i,, MARIA VIC1ORIA PULMAN0-RAV1ERA Temporary Council Secretary D.BACAY DOLLY MAE .. RMS SK City Federation President (absent) APPROVED BY HIS HONOR, THE CITY MAYOR ON u ;uot 15, ATTEST: frV SHEILA R. P' DILLA Secretary to the Uty Mayor 2°1 ROLE�Yit�L-`lam City Mayer Item -VI-I.4 ORDINANCES/RESOLUTIONS -45- ITEM #64192 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Revised Consent Order between the Virginia Water Control Board and the localities of Hampton Roads re the control of sanitary sewer system overflows Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 1 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY 2 MANAGER TO EXECUTE, ON BEHALF OF THE CITY OF 3 VIRGINIA BEACH, A REVISED REGIONAL CONSENT ORDER 4 BETWEEN THE VIRGINIA WATER CONTROL BOARD AND THE 5 LOCALITIES OF HAMPTON ROADS PERTAINING TO THE 6 CONTROL OF SANITARY SEWER SYSTEM OVERFLOWS 7 8 WHEREAS, since September 2007, the Hampton Roads Sanitation District 9 ("HRSD") and all of the localities in Hampton Roads (the "Localities") have operated the 10 public sanitary sewer system under state and federal consent orders (the "State 11 Consent Order" and "Federal Consent Order," respectively) intended to reduce sanitary 12 sewer overflows; and 13 WHEREAS, to date, such orders have mandated the implementation of 14 Management, Operations and Maintenance ("MOM") programs to improve system 15 operation and reliability; and 16 WHEREAS, directives known as Regional Wet Weather Management Plans 17 ("RWWMP's"), which are mandated capital improvement programs that, when 18 implemented, reduce inflow and infiltration in collection systems and increase 19 transmission and treatment plant capacity are pending under the Consent Orders; and 20 WHEREAS, in March 2014, HRSD and the fourteen localities in Hampton Roads 21 executed an agreement to transfer the responsibility for the RWWMP's from the 22 localities to HRSD because studies determined that HRSD could implement a single 23 RWWMP more effectively and at a lower total cost; and 24 WHEREAS, as a result of the aforesaid agreement, HRSD and the United States 25 Environmental Protection Agency modified the Federal Consent Order on August 25, 2014 to 26 transfer responsibility to HRSD to develop, fund and implement the RWWMP; and 27 WHEREAS, as the responsibility for the RWWMP has been transferred to HRSD solely, 28 the RWWMP requirements and conditions contained in the State Consent Order, as amended, 29 are no longer applicable to the Localities, such that the current State Consent Order must be 30 amended; and 31 WHEREAS, The Virginia Department of Environmental Quality and the localities have 32 negotiated a revised State Consent Order superseding and terminating the existing State 33 Consent Order and mandating that the localities maintain a MOM program in accordance with 34 industry- accepted practices and minimum standards contained in the revised Order; and 35 WHEREAS, the City is already required, by both the current State Consent Order and 36 the March 2014 agreement with HRSD, to maintain a MOM program in accordance with such 37 practices and standards; and 38 WHEREAS, other than what is embedded in the existing MOM plans, the mandates 39 dealing with infiltration, inflow, capacity issues and the RWWMP have been eliminated in the 40 revised State Consent Order; and 41 WHEREAS, the City's existing MOM program meets or exceeds all standards and 42 requirements contained in the revised State Consent Order; 43 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 44 OF VIRGINIA BEACH, VIRGINIA: 45 That the City Manager is hereby authorized and directed to execute, on behalf of 46 the City of Virginia Beach, the proposed revised State Consent Order described 47 hereinabove, which Order is entitled "STATE WATER CONTROL BOARD 48 ENFORCEMENT ACTION - ORDER BY CONSENT ISSUED TO THE CITIES OF 49 CHESAPEAKE, HAMPTON, NEWPORT NEWS, NORFOLK, POQUOSON, 50 PORTSMOUTH, SUFFOLK, VIRGINIA BEACH, AND WILLIAMSBURG; THE 51 COUNTIES OF GLOUCESTER, ISLE OF WIGHT, AND YORK; THE JAMES CITY 52 SERVICE AUTHORITY; AND THE TOWN OF SMITHFIELD," a summary of the 53 material terms of which has been exhibited to the City Council and a true and complete 54 copy of which is on file at the Department of Public Utilities. 55 56 Adopted by the City Council of the City of Virginia Beach, Virginia on the 7th 57 day of October , 2014. 58 APPROVED AS TO CONTENT: owl etafi 711 m-- �� Utilities Department Public Utilities Department CA -13119 R-1 September 24, 2014 APPROVED AS TO LEGAL SUFFICIENCY: Ci y Attorney's Office 2 REGIONAL ORDER OF CONSENT FOR THE OPERATION AND MAINTENACE OF SANITARY SEWER COLLECTION SYSTEMS BETWEEN THE STATE WATER CONTROL BOARD, VIRGINIA BEACH, AND OTHER LOCALITIES IN HAMPTON ROADS SUMMARY OF MATERIAL TERMS PARTIES: The City of Virginia Beach, all other localities that operate sanitary sewer collections systems in Hampton Roads, and the Virginia State Water Control Board (SWCB). SUBJECT: A new regulatory Order of Consent for the operation and maintenance of sanitary sewer collection systems in Hampton Roads, replacing an existing order that Virginia Beach and other localities in Hampton Roads have operated under since September 2007. PURPOSE: To preserve certain existing locality mandates with respect to Management, Operations, and Maintenance (MOM) programs; and to abolish other mandates with respect to infiltration, inflow, capacity and the Regional Wet Weather Management Plan that have now been assumed by the Hampton Roads Sanitation District. CITY OBLIGATIONS: Continue to implement existing, approved MOM programs in accordance with industry -accepted practices relating to sewer inspection, evaluation, and repair of significant defects (excluding those for which HRSD is responsible pursuant to its Federal Consent Decree). The MOM plans must meet certain minimum standards and include quantifiable performance measures. SWCB and DEQ OBLIGATIONS: This Order will have the same force and effect as any sanitary sewer regulation enacted by the SWCB pursuant to the Code of Virginia and the Clean Water Act. The SWCB and DEQ will have an obligation to enforce the order upon the localities as they would with any applicable regulation. OTHER: This Order supersedes and terminates the Order by Consent issued by the SWCB on September 26, 2007, December 17, 2001 and March 17, 2005. The City's existing and approved MOM program meets and/or exceeds all standards and requirements contained in the new Order. Molly Joseph Ward Secretary of Natural Resources COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Street address: 629 East Main Street, Richmond, Virginia 23219 Mailing address: P.O. Box 1105, Richmond, Virginia 23218 David K. Paylor www.deq.virginia.gov Director STATE WATER CONTROL BOARD (804) 698-4000 92 54802 ENFORCEMENT ACTION - ORDER BY CONSENT ISSUED TO the cities of CHESAPEAKE, HAMPTON, NEWPORT NEWS, NORFOLK, POQUOSON, PORTSMOUTH, SUFFOLK, VIRGINIA BEACH, and WILLIAMSBURG; the counties of GLOUCESTER, ISLE OF WIGHT, and YORK; the JAMES CITY SERVICE AUTHORITY; and the town of SMITHFIELD SECTION A: Purpose This is a Consent Order issued under the authority of Va. Code § 62.1-44.15, between the State Water Control Board and the cities of Chesapeake, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg; the counties of Gloucester, Isle of Wight, and York; the James City Service Authority; and the town of Smithfield (the "Localities" collectively or "Locality" separately) for the purpose of resolving certain violations of the State Water Control Law and the applicable regulation and to supersede and cancel those certain Orders by Consent between the Board, the Hampton Roads Sanitation District (HRSD) and the Localities. SECTION B: Definitions Unless the context clearly indicates otherwise, the following words and terms have the meaning assigned to them below: 1. "Board" means the State Water Control Board, a permanent citizens' board of the Commonwealth of Virginia, as described in Va. Code §§ 10.1-1184 and 62.1-44.7. 2. "Department" or "DEQ" means the Department of Environmental Quality, an agency of the Commonwealth of Virginia, as described in Va. Code § 10.1-1183. 3. "Director" means the Director of the Department of Environmental Quality, as described in Va. Code § 10.1-1185. 4. "Discharge" means discharge of a pollutant. 9 VAC 25-31-10 5. "Discharge of a pollutant" when used with reference to the requirements of the VPDES permit program means: (a) Any addition of any pollutant or combination of pollutants to surface waters from any point source; or (b) Any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. 6. "HRSD" means the Hampton Roads Sanitation District, a political subdivision created by a 1940 Act of the General Assembly of Virginia and charged with the responsibility to provide sewage treatment services for the communities in the Hampton Roads metropolitan area. HRSD is a "person" within the meaning of Va. Code §62.1-44.3. 7. "MOM" means management, operations, and maintenance. 8. "Order" means this document, also known as a "Consent Order" or "Order by Consent," a type of Special Order under the State Water Control Law. 9. "Pollutant" means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 USC § 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. 9 VAC 25-31-10 10. "Pollution" means such alteration of the physical, chemical, or biological properties of any state waters as will or is likely to create a nuisance or render such waters (a) harmful or detrimental or injurious to the public health, safety, or welfare or to the health of animals, fish, or aquatic life; (b) unsuitable with reasonable treatment for use as present or possible future sources of public water supply; or (c) unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses, provided that (i) an alteration of the physical, chemical, or biological property of state waters or a discharge or deposit of sewage, industrial wastes or other wastes to state waters by any owner which by itself is not sufficient to cause pollution but which, in combination with such alteration of or discharge or deposit to state waters by other owners, is sufficient to cause pollution; (ii) the discharge of untreated sewage by any owner into state waters; and (iii) contributing to the contravention of standards of water quality duly established by the Board, are "pollution." Va. Code § 62.1-44.3 11. "Regulation" means the VPDES Permit Regulation, 9 VAC 25-31-10 et seq. 12. "Sanitary sewer collection system" or "Facility" means those sewer assets individually owned by a Locality. 2 13. "Significant Defect" means a physical condition in the sanitary sewer collection system, including (i) existing or imminent structural failures, cave-ins, and similar defects and (ii) significant sources of inflow and infiltration (including but not limited to missing and/or damaged public clean -outs, missing manhole inserts, direct storm water connections, and unsealed manhole pipe penetrations). 14. "State Water Control Law" means Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Va. Code. 15. "State waters" means all water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands. Va. Code § 62.1-44.3 16. "STP" means sewage treatment plant. 17. "TRO" means the Tidewater Regional Office of DEQ, located in Virginia Beach, Virginia. 18. "Va. Code" means the Code of Virginia (1950), as amended. 19. "VAC" means the Virginia Administrative Code. 20. "VPDES" means Virginia Pollutant Discharge Elimination System. SECTION C: Findings of Fact and Conclusions of Law 1. HRSD owns and operates an interceptor sewer system, which includes both gravity and force mains, and nine (9) STPs, which serve the Hampton Roads area (HRSD System). Discharges of treated wastewater from the STPs into State waters are regulated by VPDES permits issued by the Board. 2. The Localities individually own and operate sanitary sewer collection systems which collect sewage within their individual jurisdictional boundaries and deliver it to the HRSD System for treatment. 3. Due to pipe breaks, electrical outages, infiltration and inflow, insufficient capacity in the collection, interceptor and treatment systems, and other factors, untreated sewage has been and is being discharged from various locations in the individual sanitary sewer collection systems of the Localities and HRSD to various state waters in the area. The low-lying nature of the Hampton Roads region and corresponding high groundwater table, together with periodic widespread flooding in the region's urbanized areas, are significant factors contributing to the discharge of untreated sewage. 4. Infiltration and inflow due to system age, damage by contractors working in public rights-of-way, grease, and limited root intrusion problems have historically resulted in instances of backups, malfunction or rupture, resulting in overflows of untreated sewage from various locations in the Norfolk sanitary sewer collection system and the HRSD System. 3 5. Section 62.1-44.5.A of the Code and the Regulation at 9 VAC 25-31-50.A prohibit the discharge of sewage to state waters except as authorized by a permit issued by the Board. The Board has not issued the Localities permits authorizing said discharges of untreated sewage. Accordingly, the Board finds that the Localities have violated Va. Code § 62.1- 44.5.A and 9 VAC 25-31-50.A. 6. Notwithstanding the foregoing, the City of Norfolk entered into two Orders by Consent with HRSD and the Board effective December 17, 2001 and March 17, 2005. The 2001 Consent Order comprehensively addressed sanitary sewer overflows by requiring development of collection system plans, expenditure of $13.5 million on capital improvements and system operation, and completion of a Sanitary Sewer Evaluation Survey and a gravity line inspection program in the City of Norfolk. The 2005 Consent Order required HRSD and Norfolk to, among other things, address wet weather issues in the City of Norfolk with a Long Term Control Plan requiring a minimum annual investment in sewer infrastructure. Norfolk has invested over $100 million in the Norfolk System and is in compliance with the prior Consent Orders. 7. To address the unpermitted discharge of sewage due to wet weather occurrences, the Board entered into an Order by Consent with HRSD and the Localities (excluding Norfolk) effective September 26, 2007. This Order by Consent, as amended, requires that HRSD and the Localities (excluding Norfolk) jointly develop a Regional Wet Weather Management Plan ("RWWMP") that identifies, quantifies, prioritizes, and proposes a schedule for implementing regional sewer system enhancements among other things. 8. To address regional wet weather sewer capacity requirements, on February 23, 2010, HRSD, DEQ, and the United States Environmental Protection Agency entered into a Federal Consent Decree. The Federal Consent Decree requires, among other things, that HRSD work in consultation with the Localities (excluding Norfolk) to develop a RWWMP that will ensure adequate wet weather sewer capacity in HRSD's portion of the regional sewer system. 9. During the ongoing planning for the RWWMP, HRSD and the Localities researched the most cost effective and practical means for development and implementation of the RWWMP. The studies resulted in unanimous support of an alternate regionalization approach whereby HRSD would take responsibility for regional wet weather capacity. Under this approach, HRSD will assume sole responsibility for drafting, funding, and implementing the RWWMP without assuming ownership of Locality sewer system assets. The approach was formally adopted by all the Localities and HRSD through a regional Memorandum of Agreement dated March 10, 2014. The Memorandum of Agreement creates mutually enforceable obligations by and between HRSD and each of the Localities to facilitate the agreed-upon regionalization approach. The Memorandum of Agreement and HRSD's Federal Consent Decree work in conjunction with this Order by Consent to form a coordinated regional approach to providing and maintaining regional wet weather capacity. 4 10. On August 26, 2014, the United States Environmental Protection Agency amended the Federal Consent Decree to reflect the alternate regionalization plan specifying HRSD's responsibility to develop, fund and implement the RWWMP. 11. As the responsibility for the RWWMP has been transferred to HRSD solely, the RWWMP requirements and conditions contained in the Order by Consent, as amended, are no longer applicable to the Localities. 12. Proper management, operation, and maintenance of sanitary sewer infrastructure must continue to be conducted by Localities to prevent dry weather unpermitted sanitary sewer overflows and to ensure compliance with the referenced statutory and regulatory provisions. Under their 2001 and 2005 Consent Orders, Norfolk developed a collection system (i.e. a MOM) plan, which was accepted by DEQ and implemented. Pursuant to the 2007 Order by Consent, the Localities (excluding Norfolk) developed MOM plans for DEQ approval and implementation. This order serves to formalize the Localities' commitment to continue to implement and follow their accepted and/or approved, individual MOM programs. SECTION D: Agreement and Order By virtue of the authority granted it in Va. Code § 62.1-44.15, the Board orders each Locality, and each Locality agrees from the effective date of this Order forward, to implement a MOM program designed to maintain and operate Locality -owned collection system assets in accordance with industry -accepted practices relating to sewer inspection, evaluation and repair of Significant Defects (not scheduled to be addressed by the RWWMP and excluding those for which HRSD is responsible pursuant to the Federal Consent Decree as amended) and that at minimum includes the parameters described in Appendix A of this Order. The MOM program must document the MOM program elements used to manage each Locality's sewer system and minimize unpermitted sanitary sewer overflows. The MOM program shall include a sanitary sewer overflow response plan and quantifiable parameters for assessing program implementation. Throughout the life of the MOM program, a meaningful set of enforceable quantitative performance measures must be maintained. Performance assessment measures may be added, deleted, and/or modified if such revision results in a better assessment of the performance and effectiveness of the MOM program. The Board and the Localities understand and agree that the requirements in this Order are the individual obligations of each party named in the Order, and no party shall be liable for noncompliance of another party with the requirements of this Order. Further the Board and the Localities understand and agree that this Order supersedes and terminates the Order by Consent issued by the Board on September 26, 2007, December 17, 2001 and March 17, 2005. SECTION E: Administrative Provisions 1. The Board may modify, rewrite, or amend this Order with the consent of the Localities for good cause shown by the Localities, or on its own motion pursuant to the Administrative Process Act, Va. Code § 2.2-4000 et seq., after notice and opportunity to be heard. 5 2. This Order addresses and resolves all system overflows and releases from the sewer systems owned by the Localities and known or reported to the DEQ up to the date of execution of this Order by the Localities. This Order shall not preclude the Board or the Director from taking any action authorized by law, including but not limited to: (a) taking any action authorized by law regarding any additional, subsequent, or subsequently discovered violations; (b) seeking subsequent remediation of the facility; or (c) taking subsequent action to enforce the Order. 3. For purposes of this Order and subsequent actions with respect to this Order only, the Localities admit to the jurisdictional allegations, and agree not to contest, but neither admit nor deny the findings of fact and conclusions of law in this Order. 4. The Localities consent to venue in the Circuit Court of the City of Richmond for any civil action taken to enforce the terms of this Order. 5. The Localities declare they have received fair and due process under the Administrative Process Act and the State Water Control Law and waive the right to any hearing or other administrative proceeding authorized or required by law or regulation, and to any judicial review of any issue of fact or law contained herein. Nothing herein shall be construed as a waiver of the right to any administrative proceeding for, or to judicial review of, any action taken by the Board to modify, rewrite, amend, or enforce this Order. 6. Failure by any Locality to comply with its respective individual obligations under the terms of this Order shall constitute a violation of an order of the Board by the party who fails to comply. Nothing herein shall waive the initiation of appropriate enforcement actions or the issuance of additional orders as appropriate by the Board or the Director as a result of such violations. Nothing herein shall affect appropriate enforcement actions by any other federal, state, or local regulatory authority. The Localities do not waive any rights or objections they may have in any enforcement action by other federal, state, or local authorities arising out of the same or similar facts to those recited in this Order. 7. If any provision of this Order is found to be unenforceable for any reason, the remainder of the Order shall remain in full force and effect. 8. The Localities shall be responsible for failure to comply with their individual obligations under this Order unless compliance is made impossible by earthquake, flood, other acts of God, war, strike, or such other unforeseeable circumstances beyond their control and not due to a lack of good faith or diligence on their part. The Locality claiming this defense shall demonstrate that such circumstances were beyond its control and not due to a lack of good faith or diligence on its part. The Locality shall notify the DEQ Regional Director verbally within 24 hours and in writing within three business days when circumstances are anticipated to occur, are occurring, or have occurred that may delay compliance or cause noncompliance with any requirement of the Order. Such notice shall set forth: 6 a. the reasons for the delay or noncompliance; b. the projected duration of any such delay or noncompliance; c. the measures taken and to be taken to prevent or minimize such delay or noncompliance; and d. the timetable by which such measures will be implemented and the date full compliance will be achieved. 9. Failure to so notify the Regional Director verbally within 24 hours and in writing within three business days, of learning of any condition above, which the parties intend to assert will result in the impossibility of compliance, shall constitute a waiver of any claim to inability to comply with a requirement of this Order. 10. This Order is binding on the parties hereto and any successors in interest, designees and assigns, jointly and severally. 11. This Order shall become effective upon execution by both the Director or his designee and the Localities. 12. This Order shall continue in effect until: a. The Director or his designee terminates the Order after the Localities have completed all of the requirements of the Order; b. The Localities petition the Director or his designee to terminate the Order after they have completed all of the requirements of the Order and the Director or his designee approves the termination of the Order; or c. The Director or Board terminates the Order in his or its sole discretion upon thirty (30) days' written notice to the Localities. 13. Termination of this Order, or any obligation imposed in this Order, shall not operate to relieve each Locality from its obligation to comply with any statute, regulation, permit condition, other order, certificate, certification, standard, or requirement otherwise applicable. 14. The undersigned representative of each Locality certifies that he or she is a responsible official authorized to enter into the terms and conditions of this Order and to execute and legally bind the Locality to this document. Any documents to be submitted pursuant to this Order shall also be submitted by a responsible official of the Locality. 15. This Order constitutes the entire agreement and understanding of the parties concerning settlement of the violations identified in Section C of this Order; and there are no representations, warranties, covenants, terms or conditions agreed upon between the parties other than those expressed in this Order. 7 By their signatures below, the Localities voluntarily agrees to the issuance of this Order. And it is so ORDERED this day of , 2014. Maria Nold, Regional Director Department of Environmental Quality (Remainder of Page Intentionally Blank) 8 The terms and conditions of the Order are voluntarily accepted by: Date: By: Commonwealth of Virginia City of Virginia Beach City Manager The foregoing instrument was acknowledged before me this day of by , City Manager, on behalf of the City of Virginia Beach. My commission expires: APPROVED AS TO CONTENT: Notary Public APPROVED AS TO LEGAL SUFFICIENCY: d(,,,AdV Department of Public Utilities ' City Attorney's Office 16 APPENDIX A MOM Program The following are guidelines that provide the minimum components to be included in a MOM Program: 1. Major program goals a. Proper management, operation, and maintenance of the collections system over which you have operational control, b. Stop/reduce and mitigate the impact of SSO in the portion of the collection system over which you have operational control, c. Providing notification to parties with a reasonable potential for exposure to pollutants associated with SSO events. 2. Organization a. Administrative and maintenance positions responsible for implementing measures in the MOM program, including lines of authority by organization chart or similar documents b. The chain of communication for reporting SSOs 3. Legal Authority (i.e., sewer use ordinances, service agreements or other legally binding documents) a. List legal authority to control infiltration and connections from inflow sources b. List legal authority that requires that sewers and connections be properly designed and constructed c. List legal authority to ensure proper installation, testing, and inspection of new and rehabilitated sewers (collector lines or service laterals) 4. Measures and Activities (address applicable elements and identify the person/position responsible for each element) a. Provide adequate maintenance facilities and equipment b. Maintenance of a map of the collection system c. Management of information and use of timely, relevant information to establish and prioritize appropriate MOM activities and identify and illustrate trend in overflows (frequency and volume) d. Routine preventive operation and maintenance activities e. Identification and prioritization of structural deficiencies and identification and Implementation of short-term and long-term rehabilitation actions to address deficiencies f. Appropriate training on a regular basis g. Equipment and replacement parts inventories including identification of critical replacement parts. 23 5. Design and Performance Provision a. Requirements and standards for the installation of new sewers, pumps and other appurtenances, and rehabilitation and repair projects b. Procedures and specifications for inspecting and testing the installation of new sewers, pumps, and other appurtenances and for rehabilitation and repair projects 6. Monitoring, Measurement and Program Modifications a. Monitor the implementation and, where appropriate, measure the effectiveness of each element of your MOM program b. Update program elements as appropriate based on monitoring or performance evaluations 7. Overflow Emergency Response Plan (Plan must identify measures to protect public health and the environment) a. Ensure you are made aware of all overflow to the greatest extent possible. b. Ensure overflows are appropriately responded to, including reporting requirements c. Ensure appropriate immediate notification to the public, health agencies, and other impacted entities (i.e. water suppliers). Identify the public health and other officials who will receive immediate notification. d. Provide emergency operations 8. Communications. Communicate on the implementation and performance of the MOM program with interested parties as requested. 24 Item -VI-I.5 ORDINANCES/RESOLUTIONS -46- ITEM #64193 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution re ISSUANCE of Educational Facilities Revenue And Refunding Bond by the Economic Development Authority of Essex County not to exceed $2,665,000 for Chesapeake Bay Academy Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 1 RESOLUTION APPROVING THE ISSUANCE 2 BY THE ECONOMIC DEVELOPMENT 3 AUTHORITY OF ESSEX COUNTY, VIRGINIA 4 OF ITS EDUCATIONAL FACILITIES REVENUE 5 AND REFUNDING BOND IN AN AMOUNT NOT 6 TO EXCEED $2,665,000 FOR CHESAPEAKE 7 BAY ACADEMY 8 9 WHEREAS, the Economic Development Authority of Essex County, 10 Virginia (the "Authority") has considered the request of Chesapeake Bay Academy (the 11 "School") for the issuance by the Authority of its educational facilities revenue and 12 refunding bond in an amount not to exceed $2,665,000 (the "Bond") to assist the School 13 in (A) refinancing the outstanding principal of the City of Virginia Beach Development 14 Authority's $4,200,000 Variable Rate Educational Facilities Revenue Bonds 15 (Chesapeake Bay Academy) Series 2000, the proceeds of which were used (1) to 16 finance the costs incurred in connection with the acquisition, construction, renovation, 17 installation and equipping of certain education facilities (the "Project"), (2) to pay a 18 portion of the interest on the aforesaid bonds, and (3) to pay certain costs of issuance of 19 the aforesaid bonds; and (B) paying the costs of issuance of the Bond; and 20 21 WHEREAS, the Authority has adopted a resolution of intent (the 22 "Resolution") on September 2, 2014 signifying its intention to issue the Bond for the 23 benefit of the School; and 24 25 WHEREAS, the City of Virginia Beach Development Authority (the 26 "Virginia Beach Authority") has held a public hearing with respect to the Bond on 27 September 16, 2014, and has adopted an approving resolution with respect thereto; and 28 29 WHEREAS, Section 15.2-4905 of the Code of Virginia of 1950, as 30 amended (the "Virginia Code"), provides that the City Council for the City of Virginia 31 Beach (the "City Council") must concur with the adoption of the Resolution; and 32 33 WHEREAS, the Internal Revenue Code of 1986, as amended (the 34 "Code"), provides that the highest elected governmental officials of the government unit 35 having jurisdiction over the area in which any facility financed with the proceeds of 36 private activity bonds is located shall approve the issuance of such bonds; and 37 38 WHEREAS, the Project is located in the City of Virginia Beach and the 39 members of the City Council constitute the highest elected governmental officials of the 40 City of Virginia Beach; and 41 42 WHEREAS, a copy of the Resolution, the Virginia Beach Authority's 43 approving resolution, a reasonably detailed summary of the comments expressed at the 44 public hearing with respect to the Bond held by the Virginia Beach Authority and a 45 statement in the form prescribed by Section 15.2-4907 of the Virginia Code have been 46 filed with the City Council, together with the Virginia Beach Authority's recommendation 47 that the City Council concur with the Resolution. 48 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 49 THE CITY OF VIRGINIA BEACH, VIRGINIA: 50 51 1. The recitals made in the preambles to this Resolution are hereby adopted 52 as a part of this Resolution. 53 54 2. The City Council concurs with the adoption of the Resolution and 55 approves the issuance of the Bond by the Authority to the extent required 56 by the Code and Section 15.2-4906 of the Virginia Code. 57 58 3. The approval of the issuance of the Bond, as required by the Code and 59 Section 15.2-4906 of the Virginia Code does not constitute an 60 endorsement to a prospective purchaser of the Bond of the 61 creditworthiness of the School and the Bond shall provide that the City of 62 Virginia Beach and the Virginia Beach Authority shall not be obligated to 63 pay the Bond or the interest thereon or other costs incident thereto and 64 neither the faith or credit, nor the taxing power, of the Commonwealth of 65 Virginia, the City of Virginia Beach or the Virginia Beach Authority shall be 66 pledged thereto. 67 68 4. This Resolution shall take effect immediately on its adoption. 69 70 Adopted by a quorum of the Council of the City of Virginia Beach, Virginia, on October 71 7 , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Economic Development City Attorney CA12970 R-1 September 30, 2014 2 z 0 H H E, J- 0 4 < 0 a H 0 H Z H a H a U 2 ID H • C G (D x a HOH -4 > x i > w00 0 E. G E AF EXHIBIT A a) N 0 0 0 0 E v 0 rox w 0) A ? v C .H b 0 CO A �x JH 0 it ,'a'1 ) a m G Au i3O rd0 „cU tl 3U C 0 0ro• H .ra 0 C O 0SOG, 1Y 4, 0 A QLW0x C•0ZlCO 124 N H -H U y ,q ,C O 0 ,-1 w 4 P+ 0, 0 U u 3 0 0.i. 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The public hearing which may be continued or adjourned will be held at 8:30 a.m., on September 16, 2014, before the Authority at its offices at 4525 Main Street, Suite 700, Virginia Beach, Virginia 23462. As required by the Act, the Bond will not pledge the faith and credit or the taxing power of the Commonwealth of Virginia or any political subdivision thereof, including the City of Virginia Beach or the Authority, but will be payable solely from revenues derived from the Company and pledges therefor. Any person interested in the issuance of the Bond or the Plan of Finance may appear and be heard. A copy of the resolution to be considered by the Authority after the public hearing is on file and is open for inspection at the Authority's office during business hours. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY TO BE PUBLISHED IN: The Virginian Pilot September 2, 2014 and September 9, 2014 EXHIBIT B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (Chesapeake Bay Academy) The Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of Chesapeake Bay Academy (the "Borrower"), and that a notice of the hearing was published once a week for two consecutive weeks in a newspaper having general circulation in Virginia Beach, Virginia, the first publication being not less than fourteen (14) days prior to the hearing and the second publication being not less than six (6) days and not more than twenty-one (21) days prior to the hearing. The Chairman indicated that a copy of the notice and a certificate of publication of such notice have been filed with the records of the Authority. The following individuals appeared before the Issuer: William W. Harrison, Jr. of the law firm of Williams Mullen, bond counsel for Chesapeake Bay Academy Mr. Harrison gave a brief description of the plan of finance. He explained that the Borrower has presented its plans to the Economic Development Authority of Essex County, Virginia (the "Issuer") for the issuance by the Issuer of the Issuer's Educational Facilities Revenue and Refunding Bond in an amount not to exceed $2,655,000 (the "Bond") to assist the Borrower in (A) refinancing the outstanding principal of the Authority's $4,200,000 Variable Rate Educational Facilities Revenue Bonds (Chesapeake Bay Academy) Series 2000, the proceeds of which were used (1) to finance the costs incurred in connection with the acquisition, construction, renovation, installation and equipping of certain education facilities, (2) to pay a portion of the interest on the aforesaid bonds, and (3) to pay certain costs of issuance of the aforesaid bonds; and (B) paying the costs of issuance of the Bond. Mr. Harrison answered various questions of the members of the Authority. No other persons appeared to address the Authority, and the Chairman closed the public hearing. The Authority recommends that the Virginia Beach City Council concur with the Issuer's issuance of the Bond and approve the issuance of the Issuer's Bond in an amount not to exceed $2,655,000 and hereby transmits the Fiscal Impact Statement to the City Council and asks that this recommendation be received at its next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing. 26309042_1 EXHIBIT C RESOLUTION OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR CHESAPEAKE BAY ACADEMY WHEREAS, there has been described to the City of Virginia Beach Development Authority (the "Authority") the plans of Chesapeake Bay Academy (the "School") whose current address is 821 Baker Road, Virginia Beach, Virginia, for the issuance by the Economic Development Authority of Essex County, Virginia (the "Essex Authority") of its Educational Facilities Revenue and Refunding Bond in an amount not to exceed $2,665,000 (the "Bond") to assist the School in (A) refinancing the outstanding principal of the City of Virginia Beach Development Authority's $4,200,000 Variable Rate Educational Facilities Revenue Bonds (Chesapeake Bay Academy) Series 2000, the proceeds of which were used (1) to finance the costs incurred in connection with the acquisition, construction, renovation, installation and equipping of certain education facilities, (2) to pay a portion of the interest on the aforesaid bonds, and (3) to pay certain costs of issuance of the aforesaid bonds; and (B) paying the costs of issuance of the Bond (the "Plan of Finance"); and WHEREAS, a public hearing with respect to the Bond, as required by Virginia law and the Internal Revenue Code of 1986, as amended (the "Code"), have been held by the Essex Authority on September 3, 2014, and a resolution of intent with respect to the Bond was adopted by the Essex Authority on September 3, 2014; and WHEREAS, the School has elected to proceed with the Plan of Finance pursuant to which the Bond will be privately placed with TowneBank (the "Lender") for its own account and for investment purposes; and WHEREAS, the School, in its appearance before the Authority, has described the debt service cost savings relating to the issuance of the Bond as a "qualified tax-exempt obligation" within the meaning of §265(b)(3) of the Code and the educational benefits to residents of the City of Virginia Beach to be derived from the issuance of the Bond; and WHEREAS, a public hearing with respect to the Bond as required by Virginia law and the Internal Revenue Code of 1986, as amended, has been held at this meeting. BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. It is found and determined that the issuance of the Bond will promote education in the City of Virginia Beach, benefit its inhabitants and promote their safety, health, welfare, convenience and prosperity. 2. To assist the School to issue the Bond, the Authority recommends that the City Council of the City of Virginia Beach (the "Council") concur with the Essex Authority Resolution, the forms of which have been presented at this meeting as required by § 15.2-4905 of 1 the Code of Virginia of 1950, as amended (the "Virginia Code"), and hereby directs the Chair or Vice Chair of the Authority to submit to the Council the statement in the form prescribed by § 15.2-4907 of the Virginia Code, a reasonable detailed summary of the comments expressed at the public hearing held at this meeting pursuant to § 15-2-4906 of the Virginia Code, and a copy of this resolution. 3. All costs and expenses in connection with the Plan of Finance shall be paid from the proceeds of the Bond to the extent permitted by law or from funds of the School and the Authority shall have no responsibility therefor. 4. All acts of the officers of the Authority which are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bond are hereby approved and confirmed. 5. This resolution shall take effect immediately upon its adoption. The undersigned hereby certifies that the above resolution was duly adopted by the commissioners of the City of Virginia Beach Development Authority at a meeting duly called at which a quorum was present and acting throughout on September 16, 2014, and that such Resolution is in full force and effect on the date hereof. Date: September 16, 2014 262M256_2 2 2 Secret Developm nt Autho a Beach EXHIBIT D r � VIRGINIA BEACH' ECONOMIC DEVELOPMENT AUTHORITY OF ESSEX COUNTY INDUSTRIAL DEVELOPMENT EDUCATIONAL FACILITIES REVENUE AND REFUNDING BOND NOT TO EXCEED $2,665,000 FOR CHESAPEAKE BAY ACADEMY The City of Virginia Beach Development Authority (the "Authority") recommends approval of the above -captioned financing. The financing will benefit the citizens of the City of Virginia Beach, Virginia, by providing improved educational, social and recreational facilities which promotes the health and welfare of the City's citizens. 4525 Main Street, Suite 700, Virginia Beach, VA 23462 ! (757) 385-6464 EXHIBIT E FISCAL IMPACT STATEMENT DATE: September 16, 2014 TO: Virginia Beach City Council APPLICANT: Chesapeake Bay Academy TYPE OF FACILITY: Educational Facility 1. Maximum amount of financing sought: $ 2,665,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality: $ tax exempt 3. Estimated real property tax per year using present tax rates: $ tax exempt 4. Estimated personal property tax per year using present tax rates: $ tax exempt 5. Estimated merchant's capital (business license) tax per year using present tax rates: 6. (a) Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality: (b) Estimated dollar value per year of good that will be purchased from non -Virginia companies within the locality: (c) Estimated dollar value per year of services that will be purchased from Virginia companies within the locality: (d) Estimated dollar value per year of services that will purchased from non -Virginia companies within the locality: $ none $ 175,000 $ 25,000 $ 700,000 $ 90,000 7. Estimated number of regular Employees on year round basis: $ 40 8. Average annual salary per employee: $ 41,402 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY EXHIBIT F SUMMARY SHEET ECONOMIC DEVELOPMENT AUTHORITY OF ESSEX COUNTY EDUCATIONAL FACILITY REVENUE AND REFUNDING BOND 1. PROJECT NAME: 2. LOCATION: 3. DESCRIPTION OF PROJECT: 4. AMOUNT OF BOND ISSUE: 5. ZONING CLASSIFICATION: a. Present Zoning Classification: b. Is rezoning proposed? c. If so, to what zoning classification? Chesapeake Bay Academy ("Chesapeake Bay") 821 Baker Road Virginia Beach, Virginia 23462 Chesapeake Bay has requested that the Economic Development Authority of Essex County (the "Issuer") issue its Educational Facilities Revenue and Refunding Bond in the amount not to exceed $2,665,000 (the "Bond") to assist Chesapeake Bay in its plan to (i) refinance the outstanding principal balance of the City of Virginia Beach Development Authority's $4,200,000 Variable Rate Educational Facility Revenue Bonds (Chesapeake Bay Academy) Series 2000, and (ii) pay the cost of issuance of the Bond. $2,665,000 R15 No N/A EXHIBIT G VIRGINIA BEACH ECONOMIC DEVELOPMENT September 29, 2014 Mrs. Elizabeth A. Twohy Chair Virginia Beach Development Authority 4525 Main Street, Suite 700 Virginia Beach, VA 23462 Re: Essex County Educational Facility Revenue and Refunding Bond in the amount not to exceed $2,665,000 for Chesapeake Bay Academy (the "Bond") Dear Mrs. Twohy: The Department of Economic Development concurs with the issuance of the refinancing of bonds by the Economic Development Authority of Essex County ("Essex Authority") in the amount to not exceed $2,665,000 for Chesapeake Bay Academy. These funds are to be utilized to refinance the outstanding principal of the City of Virginia Beach Development Authority's $4,200,000 Variable Rate Educational Facility Revenue Bonds (Chesapeake Bay Academy) Series 2000, which were issued to refinance the principal balance of existing bonds previously issued, and to pay the costs of issuance of the Bond. If you have any questions, I will be glad to discuss further at our next meeting. Sincerely, 7,,1/16 Mark R. Wawner Project Development Coordinator Virginia Beach Department of Economic Development MRW/AWS/csk 4525 Main Street, Suite 700 • Virginia Beach, Virginia 23462 • ph 757.385.6464 or 800.989.4567 • fax 757.499.9894 EXHIBIT H RESOLUTION AUTHORIZING THE ISSUANCE AND SALE BY THE ECONOMIC DEVELOPMENT AUTHORITY OF ESSEX COUNTY, VIRGINIA OF ITS EDUCATIONAL FACILITIES REVENUE AND REFUNDING BOND (CHESAPEAKE BAY ACADEMY), SERIES 2014 AND THE EXECUTION OF RELATED DOCUMENTS WHEREAS, Chesapeake Bay Academy, a Virginia nonstock corporation (the "School"), has previously requested the Economic Development Authority of Essex County, Virginia (the "Authority") to assist the School in its plans to refund certain bonds previously issued by the City of Virginia Beach Development Authority to finance certain improvements at the School's campus located at 821 Baker Road, Virginia Beach, Virginia (the "Project") pursuant to the provisions of Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (the "Act"), and the Authority has agreed to do so; and WHEREAS, public hearings have been held as required by the Internal Revenue Code of 1986, as amended (the "Code"), and Section 15.2-4906 of the Act, in Essex County, Virginia on September 3, 2014 and in the City of Virginia Beach, Virginia on September 16, 2014; and WHEREAS, the County Board of Supervisors of Essex County, Virginia has approved the issuance by the Authority of its educational facilities revenue and refunding bond to assist the School in the refinancing of the Project as required by the Code and the Act; and WHEREAS, the School now requests that the Authority proceed immediately to assist the School in refinancing the Project, together with a portion of the financing cost related thereto, by the issuance of its educational facilities revenue and refunding bond in the principal amount of $2,665,000 and the execution and delivery of certain related agreements and instruments; and BE IT RESOLVED BY THE DIRECTORS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF ESSEX COUNTY, VIRGINIA AS FOLLOWS: Section 1. A Bond designated "Educational Facilities Revenue and Refunding Bond (Chesapeake Bay Academy), Series 2014" (the "Bond") is hereby authorized to be issued. The Bond initially delivered shall be in the principal amount of no greater than Two Million Six Hundred and Sixty -Five Thousand and No/100 Dollars ($2,665,000), shall be dated October 15, 2014, shall bear interest initially at a per annum rate of interest of 2.6%, subject to certain yield maintenance provisions of the Agreement (as hereinafter defined), shall mature and be subject to redemption prior to maturity and shall have such other terms and conditions all as provided in the Bond Purchase and Refinancing Agreement, dated as of October 1, 2014, between the Authority, the School, and TowneBank (the "Agreement"). Section 2. The Agreement, substantially in the form submitted at this meeting and filed with the records of the Authority, is hereby accepted and approved and the Chairman or the Vice Chairman of the Authority is hereby authorized and directed to execute and deliver the 1 Agreement on behalf of the Authority, with such changes, insertions or omissions as shall be approved by the Chairman or Vice Chairman, his execution thereof to be conclusive evidence of the acceptance of any changes, insertions or omissions therein. Section 3. The Chairman or Vice Chairman of the Authority is hereby authorized and directed to cause the Bond to bear his signature or facsimile thereof, and the Secretary and any Assistant Secretary of the Authority are hereby authorized and directed to cause the Bond to bear his signature or facsimile thereof and to cause a facsimile of the corporate seal of the Authority to be imprinted on the Bond or such seal to be impressed manually on the Bond. The Chairman or the Vice Chairman of the Authority is hereby authorized and directed to execute and deliver the Bond on behalf of the Authority, with such changes (including changes of the date thereof), insertions or omissions as shall be approved by the Chairman or Vice Chairman, his execution thereof to be conclusive evidence of the acceptance of any changes, insertions or omissions therein. Section 4. The Chairman or Vice Chairman of the Authority is hereby authorized and directed to take delivery of the School's $2,665,000 Promissory Note, dated as of October 15, 2014 (the "Note") at the time of the issuance of the Bond, substantially in the form submitted at this meeting, and the Chairman or Vice Chairman of the Authority is hereby authorized and directed to cause the Authority's interest therein to be assigned to TowneBank, and to endorse the Note, without recourse; and any officer of the Authority is hereby authorized and directed to deliver said assignment to TowneBank, with such changes therein as the officer executing the same may approve, whose execution will be conclusive evidence of his approval thereof, and to deliver the Note to TowneBank. Section 5. The officers of the Authority are hereby authorized and directed to do all acts and things required of them by the Agreement, and also to do all things and acts required of them by the provisions of this Resolution, and all prior actions taken by officers of the Authority in connection with the issuance and sale of the Bond are hereby ratified and approved. Section 6. The officers of the Authority are authorized and directed to execute, deliver and file such certificates and documents to take such further action as they may consider necessary or desirable in connection with the refunding of the Prior Bonds, as that term is defined in the Agreement, the issuance and sale of the Bond and the refinancing of the Project, including, without limitation (a) the execution and delivery of other agreements and certificates setting forth the expected use and investment of the proceeds of the Bond to show such expected use and investment will not violate the provisions of Section 148 of the Code and regulations thereunder applicable to "arbitrage bonds", and other restrictions applicable to the use of the proceeds of the Bond, (b) the making of any elections, at the request of the School, that such officers deem desirable regarding any provision requiring rebate to the United States of "arbitrage profits" earned on investment of proceeds of the Bond, (c) the provision for the School to pay any such rebate amount, and (d) the filing of Internal Revenue Service Form 8038. Section 7. The Authority designates the Bond as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code; provided, however, that this designation is effective only if the Bond is issued on or prior to December 31, 2014. 2 Section 8. All costs and expenses in connection with the undertaking of the refinancing of the Project, the refunding of the Prior Bonds, and the issuance of the Bond, including the Authority's reasonable fees and expenses and reasonable fees and expenses of bond counsel and the Authority's counsel, shall be paid from the proceeds of the Bond or other funds of the School. If for any reason the Bond is not issued, it is understand that all such expenses shall be paid by the School and that the Authority shall have no responsibility therefor. Section 9. All other acts of the officers of the Authority that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bond and the undertaking of the refinancing of the Project are hereby approved and ratified. Section 10. This Resolution shall take effect immediately. Adopted October 2, 2014 3 CERTIFICATE The undersigned Chairman of the Economic Development Authority of Essex County, Virginia (the "Authority"), hereby certifies that the foregoing is a true, correct and complete copy of a resolution adopted during an open meeting by a majority of the Directors of the Authority present and voting at a meeting duly called and held on October 2, 2014, in accordance with law, and that such resolution has not been repealed, revoked, rescinded or amended, and is in full force and effect on the date hereof. WITNESS the following signature this day of , 2014. Chairman Economic Development Authority of Essex County, Virginia 26444248_4 4 EXHIBIT I DISCLOSURE STATEMENT Date: September 16, 2014 Applicant: Chesapeake Bay Academy All Owners (if different from Applicant): N/A Type of Application: TEFRA approval for Revenue and Refunding Bond 1. The Applicant is a Virginia nonstock corporation. 2. The Applicant will be the owner of the Project. 3. The current officers and trustees of Applicant are listed on the attached Exhibit A. Chesapeake Bay Academy By 26324326x.1 See attached. EXHIBIT A 2 CHESAPEAKE BAY ACADEMY Celebrating 25 Years of Individualized Academic Excellence Chesapeake Bay Academy Board of Trustees, 2014-2015 Stanley F. Baldwin, Chair Donald L. Glenum, III, Vice Chair Linda D. Bowers, Treasurer William P. Brittain, Ph.D., Secretary Patrick D. Thrasher, M.D., Past Chair Judy Jankowski, Ed.D., President and Head of School Jennifer Adams, Parent Association President Edward J. Amorosso J.D. Ball, Ph.D. Keith H. Bangel William P. Brittain, Ph.D. William B. Brock J.David Craig Michael A. Danso, M.D. Dennis R. Deans Peter M. Dozier, M.D. L. Matthew Frank, M.D. Thomas L. Hasty, III William W. King Dave Levin, M.D. Elizabeth T. Patterson Alan B. Rashkind Teri M. Rigel) Dee H. Roberts Eleanor Stanton Richard B. Thurmond John A. Trinder The mission of Chesapeake Bay Academy is to educate students through academic programs individualized to address their learning differences, empowering them with the skills and confidence necessary for success in higher education, careers and life. Item -VI-I.6 ORDINANCES/RESOLUTIONS -47- ITEM #64194 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to REDUCE $1,077,733 re Oceana and Interfacility Traffic Area Conformity and Acquisition funds from the State with like funding from the City Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 1 AN ORDINANCE TO REDUCE FUNDS IN CAPITAL 2 PROJECT #9-060, OCEANA & INTERFACILITY TRAFFIC 3 AREA CONFORMITY & ACQUISITION 4 5 WHEREAS, the City's FY 2014-15 Adopted Capital Improvement Program 6 includes capital project #9-060, Oceana & Interfacility Traffic Area Conformity & 7 Acquisition, which provides $10,000,000 through a combination of appropriations in FY 8 2014-15 and previously appropriated funds the City and State have set aside from the 9 APZ-1 or ITA property sales, leases, and encroachment partnering based on a cost 10 share of $5,000,000 each from the City and State. 11 12 WHEREAS, through the Adopted FY 2014-15/FY2015-16 State Operating 13 Budget and State Federal Action Contingency Trust Fund grant program, $3,922,267 14 was allocated to the City for capital project #9-060, Oceana & Interfacility Traffic Area 15 Conformity & Acquisition based, which is $1,077,733 less than the City appropriated in 16 its FY 2014-15 Adopted Capital Improvement Program, and requires an equal match 17 from the City. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That $1,077,733 in State funding and $1,077,733 in City funding are hereby 23 reduced from capital project #9-060, Oceana & Interfacility Traffic Area Conformity & 24 Acquisition, with estimated state revenue reduced and City fund balance (General 25 Fund) revenue reduced accordingly. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of October 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPOROVED AS TO LEGAL SUFFICIENCY: Budget and Management SQfvices COffice CA13103 R-1 September 9, 2014 Item -VI-I.7 ORDINANCES/RESOLUTIONS -48- ITEM #64195 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to RATIFY amendments to the Bylaws of the Parks and Recreation Commission Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 AN ORDINANCE TO RATIFY AMENDMENTS TO THE BYLAWS OF THE PARKS AND RECREATION COMMISSION 1 WHEREAS, the Parks and Recreation Commission on September 4, 2014, 2 approved various changes to its bylaws; and 3 4 WHEREAS, Article 9 of the Commission's bylaws provides that amendments to 5 the bylaws must be reviewed and ratified by the City Council; and 6 7 WHEREAS, the City Council has reviewed these recommended amendments 8 and finds them to be acceptable; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That the City Council hereby ratifies the amendments to the bylaws of the Parks 14 and Recreation Commission, as approved by the Commission on September 4, 2014, a 15 copy of which is attached. 16 17 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 7th 18 day of October , 2014. APPROVED AS TO ONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Parks and Recreation City Attorney's Office CA13108 R-2 September 24, 2014 VIRGINIA BEACH PARKS AND RECREATION COMMISSION BY-LAWS The Virginia Beach Parks and Recreation Commission has adopted the following articles in order to facilitate its powers and duties in accordance with the provisions of the ordinances and resolutions of the City of Virginia Beach, Virginia. ARTICLE 1 That there is hereby created a Commission to be known as the Virginia Beach Parks and Recreation Commission, hereinafter referred to as the "Commission." ARTICLE 2 — Purpose of the Commission The Commission shall serve as an advisory body of the Virginia Beach City Council ("Council") for the purposes set forth in this article. The Commission shall serve as a liaison between Council, the City Manager, the Director of the Department of Parks and Recreation therewith, and the citizens of the City. The Commission shall consult with and advise the City Manager, the Director, and the Council in matters affecting open space, parks and recreation policies, programs, finances, and the acquisitions and disposal of lands and properties related to the total community and open space, parks and recreation programs, and to its long-range projected program for open space, parks and recreation. ARTICLE 3 — Membership Section 1. The Commission shall be comprised of thirteen (13) members. One (1) member shall be appointed by City Council from the residents of each of the City's seven (7) election districts, four (4) members shall be appointed from the residents of the City at large, and two (2) additional members shall be high school students (i) who reside in the City and (ii) attend different high schools. Initially, a high school senior shall be appointed for a one-year term, and a high school junior shall be appointed for a two-year term. Thereafter, high school juniors shall be appointed for two-year terms. Section 2. — Vacancies occasioned by removal, resignation, or otherwise, shall be reported to the Council, and shall be filled in like manner as original appointments, except that the term of office is restricted to the unexpired term of office. No member shall accumulate an annual total of more than three absences for reasons other than personal illness, the illness or death of a relative, or other circumstances beyond the member's control. If this limitation is exceeded, the Chairperson shall forthwith report to the City Clerk the name of the member whose unexcused absences exceed the limitation, pursuant to Code of the City of Virginia Beach § 2-3.1. In the event of an 1 anticipated absence, a member shall diligently attempt to notify the Secretary of the absence prior to the meeting. Section 3. — Members may be reimbursed for travel and subsistence to professional recreation meetings, conferences, and workshops. Such reimbursement may be made in compliance with the general policies of Virginia Beach upon authorization of the City Manager. ARTICLE 4 — Officers The officers of the Commission shall be Chairperson, Vice -Chairperson, and Secretary. The officers shall be elected at the organizational meeting to serve for one year or until a successor shall be elected. ARTICLE 5 — Meetings Section 1. — Regular meetings shall be held the first Thursday of each month during the year, or at such other time of the month as may be determined by majority vote of all members of the Commission. Section 2. — Special meetings may be called by the Chairperson or upon the written request of at least three members. Section 3. — The time and place for the meetings shall be designated by the Chairperson. Section 4. — The first meeting in September of each year shall be called the organizational meeting. The purpose of this meeting shall be the election of officers, review of the inventory report, and other business that may need to come before such meetings. The presentation of the annual report shall be in November of each year. Section 5. — The majority of the members present and voting at any duly constituted meeting shall have the full authority of the Commission, provided that a majority of the voting members must be present to constitute a quorum, and thus shall constitute an organizational meeting. Section 6. — All meetings are open to the public. Where allowed by the Freedom of Information Act, the Commission, by majority vote, may go into a closed meeting. Section 7. — Meetings shall be conducted in accordance with procedures prescribed in the by-laws. Section 8. — The following shall be the order of business of the Commission, but the Rules of Order may be suspended and any matters considered or postponed by action of the Commission. Order of Business: 2 - Call to order Roll call - Consideration of minutes of last regular meeting and of any special meetings held subsequently and their approval or amendment Agenda Additions Correspondence/Public Comment Unfinished -Old bBusiness New Business Committee discussions Reports from Staff - Reports from Liaisons - Reports from Subcommittees Report from Director New business - Good and Welfare Adjournment Section 9. — The rules of procedures outlined in Robert's Rules of Order (revised), shall govern the Commission on all occasions in which they are applicable and in which they are not found inconsistent with the by-laws or special rules of the Commission. ARTICLE 6 — Duties and Responsibilities of the Commission Section 1. — The Commission shall make recommendations for approval by City Council. 1) The establishment of a system of supervised recreation for the City; to set apart for use as parks, playgrounds, recreation areas and structures, any lands, water areas, or buildings owned or leased to or controlled by the City and may suggest improvements of such lands or buildings and structures as may be necessary to the recreational program within funds allocated to the Department. 2) The Commission shall assist City Council and the City Manager by appointing subcommittees to study and evaluate certain matters dealing with Parks and Recreation as directed by City Council. Section 2. — The Commission shall advise Council in the acceptance of any grant, gift, bequest, or donation of any personal or real property offered or made available for recreational purposes and which is judged to be of present or possible future use for recreation, parks, or open space. Section 3. —The Commission shall interpret the recreation and park services of the Department to the community and interpret the needs and desires of the community to the Council, City Manager, and Director. 3 Section 4. — The Commission shall determine and establish the general policies to be followed in carrying out the purposes for which the Commission was established. Section 5. — Financial Duties and Responsibilities — The Commission shall have no authority to enter into any contract or incur any obligation binding the City. 1) The Commission shall assist the Director in the development and preparation of an annual budget for the Department to be submitted to the City Manager and subsequently to City Council, at the time designated by the City Manager. 2) The Commission shall assist the Director in the development and preparation of an annual budget for capital improvements (acquisition and development) in accordance with the plan for parks and recreation for the City. Section 6. — Planning Duties and Responsibilities — The Commission shall investigate and determine the needs and interests of the community for open space, recreation facilities and programs, and recommend open space areas, recreational programs, and facilities to meet these needs and interests. ARTICLE 7 — Duties of Officers and Relationship of the Director of Parks and Recreation Section 1. — Chairperson — The Chairperson shall preside at all meetings, sign official papers, appoint committees, call special meetings when he or she deems it advisable, and perform all such duties as are usually handled by a Chairperson, except when such duties are properly delegated. The Chairperson may succeed himself or herself and shall be elected from the Commission members. Section 2. — Vice -Chairperson — The Vice -Chairperson shall perform all the duties of the Chairperson, in the absence of the Chairperson. The Vice -Chairperson shall be charged with the responsibility to see that all standing and temporary committees function as planned by the Commission. In the absence of both the Chairperson and Vice -Chairperson, the Commission shall elect a Chairperson Pro Tempore who shall perform the duties of the Chairperson. Section 3. — Secretary — The Secretary shall perform the usual duties pertaining to the office. The Secretary shall keep or cause to be kept a full and true permanent record of all meetings of the Commission. This includes regular and special meetings plus reports of standing committees and the Secretary shall be the custodian of all documents committed to his or her care. Section 4. Executive Committcc The Executive Committee shall—cert,,ict of the 4 for the Commission meetings. Meetings of the Executive Committee will be held as Section 54. — Director's Relationship — The Director shall have a continuing responsibility to explain the organization, responsibilities, working relationships, and program objectives of the Department of Parks and Recreation to the Commission. The Director of Parks and Recreation shall work closely with the Commission in matters of interest to the Commission, involving the operation of an efficient parks and recreation program in the City of Virginia Beach. The Director is an ex -officio member (by virtue of his/her office) and attends the Commission meetings. The Director keeps the Commission informed concerning the interests, needs, objectives, the progress of plans, and other factors related to Parks and Recreation and considered to be of importance to the Commission. ARTICLE 8 — Reports The Commission shall make full and complete reports to the Council at such times as may be requested and at such other times as the Commission may deem proper. ARTICLE 9 — Amendments These by-laws may be amended at any regular meeting of the Commission by a majority of the entire Commission, provided previous notice of the nature of any proposed amendment shall have been given at least one regular meeting before the action thereon shall be taken and upon concurrence of the City Council of the City of Virginia Beach. The Commission's by-laws, rules, and regulations governing its procedure shall not be inconsistent with the provisions of the State laws and the approved ordinances and resolutions as set forth by the Virginia Beach City Council. 5 Item -VI-I.8 ORDINANCES/RESOLUTIONS -49- ITEM #64196 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to ESTABLISH a Task Force to study the rising cost of the Elderly and Disabled Real Estate Tax Relief Program Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 1 A RESOLUTION ESTABLISHING A TASK FORCE TO 2 STUDY THE RISING COST OF THE ELDERLY AND 3 DISABLED REAL ESTATE TAX RELIEF PROGRAM 4 5 WHEREAS, the City Council desires to review the Elderly and Disabled Real 6 Estate Tax Relief Program; and 7 8 WHEREAS, City Council believes it would be helpful to receive 9 recommendations from a taskforce composed of subject -matter experts and 10 stakeholders. 11 12 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 1. That the City Council hereby establishes the task force to study the 16 Elderly and Disabled Tax Relief Program; 17 18 2. That the committee shall serve in an advisory capacity to City Council, 19 and City Council shall appoint its members. 20 21 3. That the task force shall consist of: 22 • Up to five citizens; and 23 • One City Council liaison. 24 25 4. That the goal of the task force shall be to make recommendations to City 26 Council on changes that could be implemented to improve the Elderly and Disabled 27 Real Estate Tax Relief Program; 28 29 5. That, in furtherance of this goal, the task force shall: 30 • Analyze the major cost drivers; 31 • Review similar programs in other cities; and 32 • Analyze other options and make recommendations to City Council; 33 and 34 35 6. That the committee shall report back to City Council with its findings and 36 recommendations no later than the last City Council meeting in December. 7th Adopted by the Council of the City of Virginia Beach, Virginia, on the day of October , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Depart ten of Budget and Management Services CA13123/R-1/September 29, 2014 City Attorney's Office Item -VI-I.9 ORDINANCES/RESOLUTIONS -50- ITEM #64197 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to GRANT a franchise to continue guided Horse Riding Tours on the Beach Voting: 9-0 Council Members Voting Aye: Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 1 AN ORDINANCE GRANTING A FRANCHISE TO ALLOW 2 GUIDED HORSE RIDING TOURS ON THE BEACH 3 4 WHEREAS, City Council previously granted franchises for three pilot programs 5 for guided horse riding tours on the beach in the Resort Area; 6 7 WHEREAS, the Strategic Growth Area Office determined that it would be 8 beneficial to the City to continue to offer guided horse tours at the oceanfront, and the 9 City issued an invitation to bid on August 1, 2014; 10 11 WHEREAS, the only bidder was Virginia Beach Horseback, Inc. ("VBHI"); 12 13 WHEREAS, VBHI is a corporation whose directors are Barry Foster and Chase 14 Foster; 15 16 WHEREAS, Barry Foster was the sole proprietor of the entity that was awarded 17 the guided horse riding franchise from 2009 until 2014, and a partner with the company 18 that was awarded the guided horse riding franchise from 2006 through 2008; and 19 20 WHEREAS, the Strategic Growth Area Office recommends that VBHI be granted 21 a franchise agreement for the term of October 8, 2014 through May 28, 2015, with the 22 option for four one-year renewals upon mutual written consent of the City and VBHI. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby grants a franchise agreement to Virginia Beach 28 Horseback, Inc. for the period of October 8, 2014 through May 28, 2015, with the option 29 for four one-year renewals, subject to the terms and conditions of the franchise 30 agreement and all applicable ordinances, resolutions, and regulations to allow guided 31 horse riding tours on the beach in the Resort Area, and authorizes the City Manager or 32 his designee to execute a franchise agreement with Virginia Beach Horseback, Inc. in a 33 form approved by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the 7thday of October , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL: SUFFICIENCY Strategic Growth Area Office CA13107 R-2 September 24, 2014 tL- City,t-vr.k Attorney's OfFide FRANCHISE AGREEMENT FOR GUIDED HORSE RIDING TOURS ON THE BEACH IN THE RESORT AREA THIS AGREEMENT, made the 8`" day of October, 2014 ("Effective Date"), by and between the CITY OF VIRGINIA BEACH, a municipal corporation, organized and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as "City," and Virginia Beach Horseback, Inc., with a principal place of business at 2509 Chubb Lake Avenue, Virginia Beach, VA 23455, hereinafter referred to as "Grantee." WITNESETH: WHEREAS, Grantee submitted a bid to the City for a franchise to for the right to conduct guided horse tours (hereinafter, the "Work") at the City's oceanfront on public property in and around the Resort Area; and WHEREAS, to that end, Grantee represents that it will comply with all applicable provisions of federal, state, and municipal law, and all pertinent rules and regulations of any board, committee, agency, or commission thereof; and WHEREAS, the City finds that the Work promotes the public interest and would serve to enhance the festive atmosphere at the oceanfront. Now, therefore, for and in consideration of the mutual promises and covenants herein set forth, it is agreed as follows: 1. Conditions of Grant of Franchise a. It is expressly agreed and understood by Grantee that the grant of the franchise described herein below is conditional, the grant of such franchise being conditioned upon Grantee's obtaining any other required permits and/or licenses, and being further conditioned upon Grantee's compliance with all of the terms and conditions of this Agreement. It is expressly agreed and Boilerplate Revision December 30, 2013 City of Virginia Beach 1 IFB #RMOL-15-0101A understood by Grantee that the failure of Grantee to obtain any one or more of the required approvals, licenses, or permits shall render this Agreement null, void, and of no force and effect. b. The grant of the franchise to Grantee shall also be subject, in addition to the foregoing conditions, to such further conditions as the City may, in its discretion, impose upon Grantee. 2. Grant of Franchise a. Subject to the provisions of paragraph 1 of this Agreement, or any other condition imposed by this Agreement or by law, the City does hereby grant unto Grantee a franchise to conduct guided horse riding tours on the sand beach east of the Boardwalk between Rudee Inlet and 42nd Street in the City of Virginia Beach, Virginia ("Premises"). The initial term of the Franchise shall be from and including the Effective Date through May 28, 2015 ("Initial Term"). Thereafter, four (4) additional one (1) year renewals may be granted upon mutual written agreement of the parties ("Renewal Terms"). Renewal Terms, if any, shall begin on September 15 of each year (2015, 2016, 2017, and 2018), and shall terminate on the Thursday prior to Memorial Day of said year. The Grantee may submit to the City a written request to expand the scope of the Premises. Any request to expand the scope of the Premises must be approved, in writing, by the City. b. The time of operation during the initial and each subsequent term of the franchise shall be as follows, unless otherwise agreed to in writing by the City: (i) Grantee shall operate guided horse tours from Friday to Sunday daily from sunrise to sunset unless inclement weather conditions prevail. (ii) Grantee shall be allowed, in its sole discretion, to operate guided horse tours from Monday to Thursday, daily from noon to sunset. c. The City reserves the right to suspend or modify the hours of operation in the event that the beach is being used for (1) permitted special events; or (2) a City -sponsored function or event. The City further reserves the right to suspend or modify the hours of operation if (i) the City Manager or Boilerplate Revision December 30, 2013 City of Virginia Beach 2 IFB #RMOL-15-0101A his authorized designee determines that weather conditions are of an intensity and/or duration such that the tours would pose a danger to the health, safety, and welfare of the public; or (ii) the Chief of Police or his designee determines that allowing horseback riding on a specific day would jeopardize the public safety. 3. Franchise Fee a. For the Initial Term, Grantee shall pay to the City for use of the Premises a fee, hereinafter the "Franchise Fee," in the amount of one thousand twenty-one dollars ($1,021.00). The Franchise Fee shall be paid in full on the Effective Date of this Agreement. b. In the event the parties agree in writing to renew the term of this Agreement, the Franchise Fee for each Renewal Term shall be one thousand twenty-one dollars ($1021.00). c. The failure of Grantee, for any reason, to pay the Franchise Fee shall constitute grounds for the immediate cancellation of this Agreement and forfeiture of any rights conferred upon Grantee by this Agreement. The City may, but shall not be required to, extend the period of time within which a payment shall be tendered or may, in lieu of any other remedy, treat this Agreement as remaining in full force and effect and avail itself of any and all lawful means of collecting such Franchise Fee. d. In the event of the cancellation of this Agreement or the termination of the Franchise granted hereunder prior to the expiration of its stated term, for any reason, no portion of any monies paid by or on behalf of Grantee on account of the Franchise Fee shall be refundable. 4. Nonexclusive Franchise It is expressly understood and agreed by Grantee that the franchise is not exclusive. The City hereby reserves unto itself the right to grant similar franchise to any person, firm, corporation, or other entity at any time and from time to time. 5. Compliance with Law Boilerplate Revision December 30, 2013 City of Virginia Beach 3 IFB #RMOL-15-0101A Grantee shall comply with all federal, state and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the conduct of the Pedal Cab Service. 6. Operational Criteria a. Grantee and all tour operators shall have the appropriate husbandry practices including, feeding, watering, and providing the proper of level of rest in connection to the type and duration of guided tour activities. b. Guided horse tours shall be operated at a walking pace and in single file lead by an identifiable employee of the grantee with a minimum of five (5) years of horse riding experience and capability of handling horses. All tours will be conducted in the center of the sandy beach area, between the boardwalk and water's edge. c. No more than nine (9) horses are allowed for the guided tour operation including one (1) horse for tour guide will be allowed per tour group. A maximum of two (2) tour groups will be allowed to operate at one time. d. The City shall require and approve an operating plan to accommodate riders with different experience levels in riding horses. e. Horses used in tour operations shall demonstrate the ability and training to hold position in single file and be conditioned to noises, people and other animals without being frightened or reacting in a manner that may cause harm to the rider or bystanders. City shall approve demonstration method. f. All riders shall wear helmets at all times when on the horse. g. All horses shall wear Bun -Bags or equivalent devices for the collection of manure at all times. All manure will be collected and disposed of daily by grantee. Grantee will disinfect urine deposits on the beach daily Boilerplate Revision December 30, 2013 City of Virginia Beach 4 IFB #RMOL-15-0101A h. Grantee shall provide the City all certifications ensuring all horses are rabies free and have Negative Coggins Certifications. i. A temporary corral may be installed on the beach and remain in place if tours will be operated within the next two (2) subsequent days. If tours will not be operated for 3 or more days the corral shall be removed and properly stored off premises. J. No horses shall be unloaded from trailers on the boardwalk. Unloading plans shall require approval by the City. k. All saddles and riding equipment shall be kept in good working condition at all times. 1. All solicitations for the tours shall take place on private property. Grantee or the tour operator cannot use any public property to solicit tour services. m. Tour operator must be employed by Grantee. n. Tour operator must be present with tour patrons at all times during the tour. o. Grantee shall provide to each of its employees, attire which appropriately identifies the horse riding tour operation. Such attire shall be approved by the Resort Administrator, Strategic Growth Area Office. The approved attire must be worn by on -duty employees during all hours of operation. Failure of an employee to be properly attired shall result in the tour being discontinued until the proper attire is obtained. All outer wear shall have at least a name tag with the Grantee's official logo or company name. p. Persons operating horses cannot sell, solicit, offer, distribute, or provide any information, written or oral, regarding any operation or service in connection to time shares, vacation packages, lodging accommodations, hotels, motels, inns, campgrounds, restaurants, retail stores and entertainment establishments. q. No advertisements, other than the name of Grantee, and the fee for the use and the location of the Tour station shall be placed or maintained by the Grantee on or in the Premises. Boilerplate Revision December 30, 2013 City of Virginia Beach 5 IFB #RMOL-15-0101A r. Any changes in the operational criteria shall require prior written approval of the Resort Administrator, Strategic Growth Area Office. s. Grantee shall further adhere to all specification set forth in the attached Exhibit A, Horse and Carriage Franchise Operating Standards, and Exhibit B, Carriage Operators of North America Guidelines and Standards of Operation. 7. Condition of Premises Grantee shall be responsible for repairing all damage to public property caused by its operation. Any and all damages resulting from the Grantee's operation shall be immediately reported to the Resort Administrator or his/her designee and repaired within a time period specified by the City. 8. Permitted Uses Grantee shall not use the Premises, nor suffer the Premises to be used, for any purpose other than as contemplated by this Agreement. 9. Right of Inspection The City, by its authorized officers, agents, or employees, shall have the right to inspect the operation at any and all reasonable times, with or without notice, for the purpose of determining Grantee's compliance with the provisions of this Agreement. 10. Assignment of Franchise Grantee shall not, assign, delegate, or otherwise transfer, in whole or in part, the franchise agreement or any of Grantee's rights or obligations arising hereunder. In the event the City discovers Grantee made such an assignment, the Grantee will be found in breach of the terms of this Agreement, and the Agreement will be immediately terminated. 11. Interest of Grantee Grantee shall acquire no interest in the Premises, legal or equitable, other than the right to occupy such Premises during the term of this Agreement for the sole purpose of conducting the Work Boilerplate Revision December 30, 2013 City of Virginia Beach 6 IFB #RMOL-15-0101A in compliance with, and subject to, the provisions of this Agreement, and such rights in and to Grantee's personally used in and about the operation of its establishment are as conferred upon Grantee by law. 12. Relationship of Parties It is mutually understood and agreed by the parties that nothing contained in this Agreement is intended, or shall be construed, as in any manner creating or establishing any agency relationship between the parties or any relationship of joint enterprise or partnership. Grantee shall have no authority, express or implied, to act or hold itself out as the agent or representative of the City for any purpose. Grantee shall at all times remain an independent contractor, solely responsible for all obligations and liabilities of, and for all loss and damage to, Grantee's operation, including the Premises and property thereupon, and for all claims and demands resulting from Grantee's operation. 13. Hold Harmless/Indemnification It is understood and agreed that Grantee hereby assumes the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of the Grantee, its subcontractors, agents or employees under or in connection with this Agreement or the performance or failure to perform any work required by this Agreement. Grantee agrees to indemnify and hold harmless the City and its agents, volunteers, servants, employees, and officials from and against any and all claims, losses, or expenses, including reasonable attorney's fees and litigation expenses suffered by any indemnified party or entity as the result of claims or suits due to, arising out of, or in connection with (a) any and all such damages, real or alleged, (b) the violation of any law applicable to this Agreement, and (c) the performance of any activities on the premises by Grantee or those for whom Grantee is legally liable. Upon written demand by the City, Grantee shall assume and defend at Grantee's sole expense any and all such suits or defense of claims made against the City, its agents, volunteers, servants, employees, or officials. Boilerplate Revision December 30, 2013 City of Virginia Beach 7 IFB #RMOL-15-0101A 14. Insurance a. Grantee shall, prior to the commencement of its operation, procure and shall thereafter maintain in full force and effect during the entire term of this Agreement, a policy or policies of insurance protecting and insuring Grantee and the City, and their agents, employees, and officials against any loss, liability, or expense whatsoever, from personal injury, death, or property damage arising out of or occurring in connection with Grantee's occupancy of the Premises or conduct of its operation, whether such injury, death, or damage occurs or is sustained, or the cause thereof arises, on or off the Premises. The City shall be named as insured under any and all such policies. Such policy or policies shall be written by a responsible insurance company or companies licensed to conduct the business of insurance in the Commonwealth of Virginia and acceptable by the City. Such policy or policies shall be in a comprehensive general liability form, including products liability coverage, and shall be in an amount not less than two million dollars ($2,000,000) combined single limits. The risks covered by any such policy or policies of insurance shall not be limited nor the amount of coverage there under reduced by reason of any insurance that may be maintained by the City. b. Prior to the commencement of its operation and without demand by the City, Grantee shall furnish to the Resort Management Office a certificate(s) of insurance showing Grantee's compliance with the foregoing requirements. Any such certificate(s) shall state that the policy or policies of insurance named therein will not be cancelled or altered without giving at least thirty (30) days prior written notice to the City. c. Grantee's performance of its obligations under the provisions of this section shall not relieve Grantee of liability under the indemnity and save harmless provisions of the preceding paragraph of this Agreement. 15. Audit Boilerplate Revision December 30, 2013 City of Virginia Beach 8 IFB #RMOL-15-0101A The City shall have the right to audit all books and records (in whatever form they may be kept, whether written, electronic or other) relating or pertaining to this Agreement (including any and all documents and other materials, in whatever form they may be kept, which support or underlie those books and records), kept by or under the control of Grantee, including, but not limited to those kept by Grantee, its employees, agents, assigns, successors and subcontractors. Grantee shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this Agreement and for at least three years following the completion of this Agreement, including any and all renewals thereof. The books and records, together with the supporting or underlying documents and materials shall be made available, upon request, to the City, through its employees, agents, representatives, contractors or other designees, during normal business hours at Grantee's office or place of business in Virginia Beach, Virginia. In the event that no such location is available, then the books and records, together with the supporting or underlying documents and records, shall be made available for audit at a time and location in Virginia Beach, Virginia, which is convenient for the City. This paragraph shall not be construed to limit, revoke, or abridge any other rights, powers, or obligations relating to audit which the City may have by state, city, or federal statute, ordinance, regulation, or agreement, whether those rights, powers, or obligations are express or implied. 16. Abandonment In the event Grantee shall abandon its operation, the City shall have the right to immediately cancel this Agreement and terminate the Franchise. 17. Termination of Franchise a. The City shall have the right to cancel this Agreement and terminate the franchise on notice to Grantee upon the occurrence of any of the following events: Boilerplate Revision December 30, 2013 City of Virginia Beach 9 IFB #RMOL-15-0101A (1) The failure of Grantee to secure any approval, license, or permits required by this Agreement or by law, or the cancellation or revocation of any such license or permit. (2) The failure of Grantee or Grantee's subcontractors, agents, employees, or independent contractors, under or in connection with this Agreement, to fulfill, abide by, or comply with any condition of the grant of the Agreement. (3) The failure of Grantee to pay the Franchise Fee required hereunder, or any Supplemental Franchise Fee. (4) The failure of Grantee to comply with any statute, ordinance, regulation, or other law applicable to the ownership or management of its operation or to the occupancy and use of the Premises. (5) The use of the Premises by, on behalf of, or at the sufferance of Grantee for any activity or purpose other than that which is expressly permitted by this Agreement. (6) The failure of Grantee to procure any policy or policies of insurance required by this Agreement, to have been procured prior to the commencement of Grantee's operation, the cancellation or lapse of any such policy or policies so as to cause the aggregate of the limits of liability of coverage there under to be less than the amounts required by paragraph 14 of this Agreement, or any material and adverse change in the risks covered or persons or entities insured there under. (7) The purported assignment, delegation, or other transfer by Grantee of the franchise, in whole or in part, or of any of the rights or obligations of Grantee set forth herein. (8) The refusal of Grantee to permit inspection of the operation by the City as set forth in this Agreement. (9) The death of Grantee, if Grantee is the sole proprietor, or in any other case, the termination of Grantee's existence as a business organization, whether by dissolution, consolidation, Boilerplate Revision December 30, 2013 City of Virginia Beach 10 IFB #RMOL-15-0101A merger, sale, or other like act, or the revocation of Grantee's authority to transact business in the Commonwealth of Virginia. b. The election by the City to exercise its right to cancel this Agreement and to terminate the franchise shall be without prejudice to any of its other rights at law or in equity, and any remedy set forth in this Agreement shall not be exclusive but shall be cumulative upon any or all other remedies herein provided or by law allowed. Upon termination of this Agreement and the franchise, Grantee shall immediately cease all operations upon the Premises. c. Notwithstanding any other remedy conferred upon the City by this Agreement or by law, the City may elect to suspend Grantee's operation upon the occurrence of any of the events herein above enumerated or in the event of the breach by Grantee of any other provision or condition of this Agreement. Grantee shall, upon receipt of notice of such suspension, immediately cease its operation until such time as the City shall permit Grantee to continue its operation. Such permission shall be granted by the City at such time as Grantee shall have remedied the breach or breaches of this Agreement giving rise to such suspension. 18. Publicity The City shall have the right to photograph Grantee's operation and to use any such photographs in any of its publicity or advertising. Grantee shall not be entitled to compensation by reason of the taking or use of any such photographs. 19. Notice All notices required or permitted hereunder shall be given and shall be deemed given if, in writing, mailed by certified or registered mail, and addressed to Grantee at the address of Grantee stated in its application or to the Resort Administrator or designee, 2101 Parks Avenue, Suite 502, Virginia Beach, Virginia 23451, or to such other address as either party may direct by notice given as herein above provided. Boilerplate Revision December 30, 2013 City of Virginia Beach 11 IFB #RMOL-15-0101A 20. Severability The provisions of this Agreement shall be deemed to be severable, and should any one or more of such provisions be declared or adjudged to be invalid or unenforceable, the remaining provisions shall be unaffected thereby and shall remain in full force and effect. 21. Descriptive Headings The descriptive headings appearing in this Agreement are for convenience only and shall not be construed either as a part of the terms, covenants, and conditions hereof or as an interpretation of such terms, covenants, and conditions. 22. Entirety of Agreement This Agreement and any exhibits constitute the final, complete and exclusive written expression of the intentions of the parties, and shall supersede all previous communications, representations, agreements, promises or statements, whether oral or written, by any party or between the parties. 23. Waiver No failure of the City to exercise any right or power given to it by law or by this Agreement, or to insist upon strict compliance by Grantee with any of the provisions of this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of the City's right to demand strict compliance with the terms of this Agreement. 24. Modification No modification, revision, or deletion of any of the provisions of this Agreement, and no addition of any provisions hereto, shall be valid unless in writing and executed with the same formalities as this Agreement. 25. Governing Law/Venue Boilerplate Revision December 30, 2013 City of Virginia Beach 12 IFB #RMOL-15-0101A This Agreement and the franchise shall be governed and construed by the laws of the Commonwealth of Virginia, and the parties hereto designate the appropriate courts of competent jurisdiction of the City of Virginia Beach, Virginia or the U.S. District Court for the Eastern District of Virginia, Norfolk Division, for purposes of litigation and venue. 26. Faith Based Organizations The City of Virginia Beach does not discriminate against Faith -Based Organizations. 27. Compliance with Immigration Laws. Grantee does not currently, and shall not during the performance of this Agreement, knowingly employ an unauthorized alien, as defined in the federal Immigration Reform and Control Act of 1986. 28. Business Entity Registration The Grantee shall be registered and authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. The Grantee shall submit proof of such registration to the City. Additionally, the Grantee shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or canceled at any time during the term of the Agreement. 29. Business License Requirement If the Grantee is a business, located in the City of Virginia Beach or at any time during the performance of this Agreement obtains situs for purposes of business license taxes, it shall be unlawful for such business to conduct or engage in such business, trade or occupation without having first obtained the proper license from the Commissioner of the Revenue of the City, and the Grantee covenants that it has a business license where one is required to perform this Agreement. IN WITNESS WHEREOF, the following signatures and seals: Boilerplate Revision December 30, 2013 City of Virginia Beach 13 IFB #RMOL-15-0101A CITY OF VIRGINIA BEACH By City Manager/ Authorized Designee STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: 1 , a Notary Public in and for the City and State aforesaid, do hereby certify that , City Manager/Authorized Designee for the CITY OF VIRGINIA BEACH, whose name as such is signed to the foregoing Permit Agreement, has acknowledged the same before me in my City and State aforesaid. He is personally known to me. GIVEN under my hand this day of , 2014. My Commission Expires: Registration No.: Boilerplate Revision December 30, 2013 City of Virginia Beach Notary Public 14 IFB #RMOL-15-0101A ATTEST: City Clerk STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to -wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that, Ruth Hodges Fraser, City Clerk, for the CITY OF VIRGINIA BEACH, whose name as such is signed to the foregoing Permit Agreement, has acknowledged the same before me in my City and State aforesaid. She is personally known to me. GIVEN under my hand this day of , 2014. My Commission Expires: Registration No.: Boilerplate Revision December 30, 2013 City of Virginia Beach Notary Public 15 IFB #RMOL-15-0101A VIRGINIA BEACH HORSEBACK, INC. By: Name: Title: STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to -wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that GRANTEE., , of The Beach Pedal Cab Company, whose name as such is signed to the foregoing Permit Agreement, has acknowledged the same before me in my City and State aforesaid. He/she is personally known to me or has produced as identification. GIVEN under my hand this day of , 2014. My Commission Expires: Registration No.: Boilerplate Revision December 30, 2013 City of Virginia Beach Notary Public 16 IFB #RMOL-15-0101A Approved as to Content: Approved as to Legal Sufficiency: Resort Management Office City Attorney's Office Approved as to Risk: Risk Manager Boilerplate Revision December 30, 2013 City of Virginia Beach 17 IFB #RMOL-15-0101A Item-VI-LlOa ORDINANCES/RESOLUTIONS -51- ITEM #64198 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: a. William S. Shelhorse and Sally C. Wise Living Trust re ramps, floating docks, boatlift and piles at 532 and 536 Southside Road, Lake Wesley DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property William S. Shelhorse and Sally C. Wise Living Trust re ramps, floating docks, boatlift and piles at 532 and 536 Southside Road, Lake Wesley (GPIN) DISTRICT 6 — BEACH The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee and, that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee. The Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. October 7, 2014 Item-VI-I.10a ORDINANCES/RESOLUTIONS -52- ITEM #64198 (Continued) 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 7. It is further expressly understood and agreed that the Grantee shall make a SEVEN HUNDRED EIGHTY-FIVE DOLLAR ($785.00) payment, payable to the City Treasurer, to the Department of Planning, as compensation for the typically required fifteen (15)7foot-wide Riparian Buffer area that cannot be established on the property of the Grantee. Said Buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material, which will be used to restore Buffer areas on other City -owned property. 8. It is further expressly understood and agreed that the Grantee shall establish and maintain a Riparian Buffer, which shall be a minimum of five (5) feet in width landward from the shoreline, shall run the entire length of the shoreline and shall consist of a mulched and/or rock planting bed and contain a mixture of shrubs and perennial plants (the `Buffer'). The Buffer shall not be established during the months of June, July or August so that it has the greatest likelihood of survivability. 9. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500, 000, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachment. 10. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes, may require the Grantee to remove the Temporary Encroachment. Pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee, If such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 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 this Seventh day of October, Two Thousand Fourteen October 7, 2014 -53- Item-VI-L10a ORDINANCES/RESOLUTIONS ITEM #64198 (Continued) Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 1 AN ORDINANCE TO AUTHORIZE TEMPORARY 2 ENCROACHMENTS INTO A PORTION OF CITY 3 PROPERTY KNOWN AS LAKE WESLEY, 4 LOCATED AT THE REAR OF 532 AND 536 5 SOUTHSIDE ROAD FOR THE WILLIAM S. 6 SHELHORSE AND SALLY C. WISE LIVING 7 TRUST 8 9 WHEREAS, William S. Shelhorse and Sally C. Wise, Trustees of the William S. 10 Shelhorse and Sally C. Wise Living Trust (the "Applicant") desire to replace and 11 maintain two (2) existing ramps and two (2) existing floating docks and to maintain an 12 existing boat lift and nineteen (19) existing piles in a portion of City property known as 13 Lake Wesley located at the rear of 532 and 536 Southside Road, in the City of Virginia 14 Beach, Virginia (GPIN: 2426-19-8732 and 2426-19-8605); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 1. That pursuant to the authority and to the extent thereof contained in §§15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, William S. Shelhorse 25 and Sally C. Wise, Trustees of the William S. Shelhorse and Sally C. Wise Living Trust 26 (the "Applicants") are authorized to construct and maintain temporary encroachments 27 for two (2) existing ramps and two (2) floating docks, and to maintain an existing boat lift 28 and nineteen (19) existing piles in a portion of City property known as Lake Wesley, as 29 shown on the map entitled: "EXHIBIT A ENCROACHMENT FOR WILLIAM S. 30 SHELHORSE AND SALLY C. WISE LIVING TRUST 536 SOUTHSIDE ROAD, 31 VIRGINIA BEACH, VA GPIN'S: 2426-19-8605 AND 2426-19-8732," a copy of which is 32 on file in the Department of Public Works and attached hereto as Exhibit A and 33 incorporated herein, to which reference is made for a more particular description; 34 35 2. That the temporary encroachments are expressly subject to those terms, 36 conditions and criteria contained in the Agreement between the City of Virginia Beach 37 and William S. Shelhorse and Sally C. Wise, Trustees of the William S. Shelhorse and 38 Sally C. Wise Living Trust (the "Agreement"), an unexecuted copy of which has been 39 presented to the Council in its agenda, and which agreement will be recorded among 40 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 3. That the City Manager or his authorized designee is hereby authorized to 43 execute the Agreement; and 44 4. That this Ordinance shall not be in effect until such time as the Applicants 45 and the City Manager or his authorized designee execute the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day 48 of October , 2014. APPROVED AS TO CONTENT: Climw C•C IMIs�i� APPROVED AS TO LEGAL SUFFICIENCY AND FORM LIC WORKS, REAL ESTATE CITY ATTO CA12965 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D002\P018\00152336.doc R-2 September 26, 2014 LAKE WESLEY X. 12.5'x13.0' BOAT UFT EX. 3'x20.4' WOOD RAMP 23.3' EX. FLOATING 19000 DOCK TO BE REPLACED IX" FLOATING W000 DOCK TO BE REPLACED EX FILE (TYP) EX. 32'x12.5' WOOD RAMP 0 PARCEL B -1A M.B. 201 P. 42 TIE LINE—' M.B. 39 P. 18 PROPERTY UNE = CENTERLINE EXISTING 15' PUBLIC DRAINAGE EASEMENT (M.B. 201 P. 42) LOT B-3 M.B. 7 P. 169 LOT B-2 1532 2426-19-8732 PARCEL B -2A 2 STORY BRIM, FRAME & STUCCO RESIDENCE 036 2426-19-8605 75.50' PIN(F) G: \14-01 jpa.dwg PiN(F) 57.50' N 35'24'00`. E SOUTHSIDE ROAD (50' R/W) M.B. 7 P. 169 L=18.00 R=170.0 EXHIBIT A ENCROACHMENT FOR WILLIAM S. SHELHORSE AND SALLY C. WISE LIVING TRUST 536 SOUTHSIDE ROAD, VIRGINIA BEACH, VA GPIN'S: 2426-19-8605 AND 2426-19-8732 SCALE: 1" = 30' MAY 8, 2014; JUNE 19, 2014 REVISED GALLUP SURVEYORS & ENGINEERS. LTD. 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this Zt-7'Tay oft"`'-' \ , 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and WILLIAM S. SHELHORSE and SALLY C. WISE, husband and wife, and WILLIAM S. SHELHORSE and SALLY C. WISE, Trustees of the WILLIAM S. SHELHORSE and SALLY C. WISE LIVING TRUST, ITS/HIS/THEIR/HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "NORTHERN 'A OF B-2 AND PARCEL B -2A"; as shown on that certain plat entitled: "AMENDED RESUBDIVISION OF PROPERTY SOUTHERN ONE-HALF OF LOT B2, DIVISION OF LOT B2 — RUDEE HEIGHTS M.B. 39 P. 18 AND SITE B RESUBDIVISION OF LOT 7, BLOCK "H" AND LOT B-1 REPLAT OF RUDEE HEIGHTS M.B. 197 P. 53 LYNNHAVEN BOROUGH VA. BEACH, VIRGINIA" prepared by Gallup Surveyors & Engineers, Ltd. and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 201, at page #42, and being further designated, known, and described as 532 & 536 Southside Road, Virginia Beach, Virginia 23451; GPIN: 2427-20-6108 GPIN'S 2426-19-8732 and 2426-19-8605 (532 & 536 Southside Road) WHEREAS, it is proposed by the Grantee to replace and maintain two (2) existing ramps, two (2) existing floating docks, and maintain an existing boat lift, and nineteen (19) existing piles collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Wesley, GPIN: 2427-20-6108 the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT FOR WILLIAM S. SHELHORSE AND SALLY C. WISE LIVING TRUST 536 SOUTHSIDE ROAD, VIRGINIA BEACH, VA GPIN'S: 2426-19-8605 AND 2426- 19-8732," a copy of which is attached hereto as EXHIBIT A and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee shall make a $785.00 payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15 -foot -wide riparian buffer area that cannot be 3 established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City-owned property. It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 5 foot in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched and/or rock planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not Tess than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City 4 may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, William S. Shelhorse and Sally C. Wise, Trustees for the William S. Shelhorse and Sally C. Wise Living Trust, the said Grantee, has/have caused this Agreement to be executed by his/her/their signature/s. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2014, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2014, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 William S. Shelhorse and Sally C. Wise Livi.g Tr .t By Wim he horse, Trustee By j Al ( Sally C. Wise, Trustee STATE OF CITY/COUNTY OF 1% •1 ti- C , to -wit: The foregoing instrument was acknowledged before me this deg day of , 2014, by William S. Shelhorse and Sally C. Wise, Trustees for the William S. Shelhorse and Sally C. Wise Living Trust. Notary Registration Number: 1(3 (p3 g My Commission Expires: /213/1/4 APPROVED AS TO CONTENTS Cit Vii/ i q DAT PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION SUSAN B THOMPSON Notary Public Commonwealth of MOM* 71$4131 My Commission Expires Dec ?' AL) Nooa y uT Iic 7 APPROVED AS TO LEGAL SUFFICIENCY AND FORM M YER, ASS • CIATE CITY ATTORNEY °LAKE WESLEY (D.B. 2020 P. 282) GPIN: 2427-20-6108 EX. 12.5'x13.0' BOAT LIFT 11.8' 0 5.2 EX. 3'x20.4' WOOD RAMP e± 23.3' EX. FLOATING WOOD DOCK TO BE REPLACED 0 EX. FLOATING WOOD DOCK TO BE REPLACED ° APPROX. MLW• EX. PILE (TIP) EX. 3.2'x12.5' WOOD RAMP 0 MHW ALONG : KH PARCEL B -1A M.B. 201 P. 42 \ \ \\ ___\ -.> 1? ouv o, \ o: ? Ppb\0 �\ WOOD --> > LOT B-2 DECK 1-; o O_ #532 2426-19-8732 o' \ ENCLOSED 1 CONCRETE DRIVEWAY PROPERTY LINE = CENTERLINE EXISTING 15' PUBLIC DRAINAGE EASEMENT (M.B. 201 P. 42) LOT B-3 M.B. 7 P. 169 PARCEL B -2A 2 STORY BRICK, FRAME & STUCCO RESIDENCE #536 2426-19-8605 PORCH G: \14-01 jpa.dwg C.\11 01;pe.d..g, C/19/2011 7.12 03 AM, 1.30, D PIN(F) PIN(F) N 35'24'00" E 57.50' SOUTHSIDE ROAD (50' R/W) M.B. 7 P. 169 EXHIBIT A ENCROACHMENT FOR WILLIAM S. SHELHORSE AND SALLY C. WISE LIVING TRUST 536 SOUTHSIDE ROAD, VIRGINIA BEACH, VA GPIN'S: 2426-19-8605 AND 2426-19-8732 SCALE: 1" = 30' GALLUP SURVEYORS & ENGINEERS, LTD. 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 L=18.00 R=170.01 O MAY 8, 2014; JUNE 19, 2014 REVISED PIN(F) Prepared by P.W./Eng./Eng. Support Se I I I i" 0 J rJ riNo Item-VI-L10b ORDINANCES/RESOLUTIONS -54- ITEM #64199 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: b. Thomas K. Norment, Jr. and the Penny Combs Lane Revocable Living Trust re a bulkhead, existing pier and a floating dock at 2074 Tazewell Road DISTRICT 4 — BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property Thomas K Norment, Jr. and the Penny Combs Lane Revocable Living Trust re a bulkhead, existing pier and a floating dock at 2074 Tazewell Road (GPIN) DISTRICT 4 — BAYSIDE The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Grantee must execute, maintain and have on file with the Department of Planning a License Agency Agreement with Thomas K Norment, Jr., property owner of 2072 Tazewell Road, prior to commencing any construction within the Encroachment Area (the "License Agency Agreement'). A copy of the License Agency Agreement is attached hereto as Exhibit "B". 4. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee and, that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee. The Grantee will bear all costs and expenses of such removal. 5. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. October 7, 2014 Item -VI -1.10b ORDINANCES/RESOLUTIONS -56- ITEM #64199(Continued) 14. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes, may require the Grantee to remove the Temporary Encroachments. Pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee. If such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on this Seventh day of October, Two Thousand Fourteen Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF AN EXISTING 6 CITY RIGHT-OF-WAY KNOWN AS 7 LYNNHAVEN PROMENADE (PAPER 8 STREET) AND CITY PROPERTY 9 KNOWN AS CRAB CREEK LOCATED 10 AT THE REAR OF 2074 TAZEWELL 11 ROAD, FOR PROPERTY OWNER THE 12 PENNY COMBS LANE REVOCABLE 13 LIVING TRUST 14 15 WHEREAS, the Penny Combs Lane Revocable Living Trust, through its trustee, 16 desires to maintain an existing wood bulkhead, remove a portion of an existing wood 17 pier (6.5 LF), and to construct and maintain a proposed floating dock (8' X 11') and 18 proposed wood dock (6' X 7') into a portion of an existing City right-of-way known as 19 Lynnhaven Promenade (paper street) and City property known as Crab Creek located 20 at the rear of 2074 Tazewell Road, in the City of Virginia Beach, Virginia; and 21 22 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 23 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 24 City's right-of-way/property subject to such terms and conditions as Council may 25 prescribe. 26 27 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 31 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Penny Combs Lane 32 Revocable Living Trust, (the "Trust"), its heirs, assigns and successors in title are 33 authorized to maintain temporary encroachments to maintain an existing wood 34 bulkhead, remove a portion of an existing wood pier and to construct and maintain a 35 proposed floating dock and wood dock, into a portion of an existing City right-of-way 36 known as Lynnhaven Promenade (paper street) and City property known as Crab Creek 37 as shown on the maps marked Exhibit "A" and entitled: "EXHIBIT A ENCROACHMENT 38 EXHIBIT FOR PROPOSED FLOATING DOCK (8' X 11') AND PROPOSED WOOD 39 DOCK (6' X 7') 2074 TAZEWELL ROAD LOT 5, BLOCK 4 — OCEAN PARK SECTION 40 A (INSTRUMENT # 200605150072776) for: PENNY C LANE DATE: 06/05/2013 41 (REVISED 4/21/2014) SHEET 1 OF 1 SCALE: 1" = 25'," copies of which are on file in 42 the Department of Public Works and to which reference is made for a more particular 43 description; and 44 45 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 46 subject to those terms, conditions and criteria contained in the Agreement between the 47 City of Virginia Beach and the Penny Combs Lane Revocable Living Trust (the 48 "Agreement"), which is attached hereto and incorporated by reference; and 49 50 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 51 hereby authorized to execute the Agreement; and 52 53 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 54 time as Penny Combs Lane, the trustee, and the City Manager or his authorized 55 designee execute the Agreement. 56 57 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day 58 of October , 2014. CA -12567 R-1 PREPARED: 9/8/14 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS/REAL ESTATE A EYER, ASSOCIATE CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this /S day of , 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and PENNY COMBS LANE REVOCABLE LIVING TRUST, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 5, Block 4, Section A"; as shown on that certain plat entitled: "EXHIBIT B SHEET 1 OF 1 CONDOMINIUM PLAT AND PLAN OF 2072 & 2074 TAZEWELL ROAD A CONDOMINIUM VIRGINIA BEACH, VIRGINIA SCALE: 1" = 10' MAY 18, 2009," prepared by WILLIAM R. PRITCHARD, LAND SURVEYOR for wpl Landscape Architecture Land Surveying Civil Engineering, VIRGINIA BEACH, VA and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument Number 20090601000607580, and being further designated, known, and described as 2074 Tazewell Road, Virginia Beach, Virginia 23455; GPIN'S: 1489-58-8413-0000 & 1489-58-7167-0000 (Lynnhaven Promenade [paper street]) & waterway 1489-58-6199-0002; (2074 Tazewell Road) WHEREAS, it is proposed by the Grantee to maintain an existing wood bulkhead, remove a portion of an existing wood pier (6.5 linear feet) and to construct and maintain a proposed floating dock (8' X 11') and a proposed wood dock (6' X 7'), collectively, the "Temporary Encroachments", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Lynnhaven Promenade (a paper street) and City property known as Crab Creek, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT EXHIBIT FOR PROPOSED FLOATING DOCK (8'X11') AND PROPOSED WOOD DOCK (6'X7') 2074 TAZEWELL ROAD LOT 5, BLOCK 4 — OCEAN PARK, SECTION A (INSTRUMENT # 200605150072776) for: PENNY C. LANE SCALE: 1" = 25' SHEET 1 OF 1 DATE: 06/05/2013 (REVISED 4/21/2014)," prepared by ERIC A. GARNER, LAND SURVEYOR for wpl Landscape Architecture Land Surveying Civil Engineering, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee must execute and maintain and have on file with the Department of Planning a License Agency Agreement with Thomas K. Norment, Jr., property owner of 2072 Tazewell Road, prior to commencing any construction within the Encroachment Area (the "License Agency Agreement"). A copy of the License Agency Agreement is attached hereto as Exhibit It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 3 It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall maintain the existing riparian buffer planting beds and shrubs on the property. It is further expressly understood and agreed that the Grantee shall make a ONE HUNDRED FIFTY DOLLAR ($150.00) payment, payable to the City Treasurer, to the Department of Planning/Environment and sustainability Office as compensation for the typically required 15 -foot -wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City -owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. 4 It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Penny Combs Lane, trustee of the Penny Combs Lane Revocable Living Trust, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2014, by CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2014, by CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 The Penny Combs Lane Revocable Living Trust By (7. Penny Conjbs Lane, Trustee STATE OF Vcf" ,tu.r.,- CITY/COUNTYO'Fz,�r,.ce�i'i�..j'1. , to -wit: The foregoing instrument was acknowledged before me this �� day of , 2014, by Penny Combs Lane, Trustee on behalf of The Penny Combs Lane Revocable Living Trust. (SEAL) Notary Public Notary Registration Number: 33°) 86 My Commission Expires: ICI 3i j 16 APPROVED AS TO CONTENTS �vv JGNATURE Sijt/Mbe 20 1(,) DA-eE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 7 APPROVED AS TO LEGAL SUFFICIENCY AND FORM D NAR": -.HA t Y ASSOCIATE CITY ATTORNEY OF CHANNEL PER CITY DREDGE PLANS BY: CITY OF VIRGINIA BEACH DATED JUNE 24, 2011 WEST EDGE OF CHANNEL PER CITY DREDGE PLANS BY: CRY OF VIRGINIA BEACH DATED JUNE 24, 2011 REMOVE' HATCHED PORTION (6.5LF) OF EX WOOD PIER PROPOSED FLOATING DOCK (8X11) EX WOOD BOAT — PIER UFT EX WOOD PIER FLOOD M£R1DLdN SOURCE (M.11.2$33 �_C — — _ EBB 1 CRAB CREEK X03 rn xxc' N x 25.0' PROPOSED WOOD DOCK (6'X7) N/F CRY OF VIRGINIA BEACH (D.B.2188, PG.545) (N.B.153, PG.41) (1489-58-7167) L YNNHA VEN EX EDGE PROMENADE WATER (MLW) EX. EDGE OF (25' R/W) (UNIMPROVED) MARSH EX WOOD BULKHEAD N/F WILLIAM R BURNETTE, JR UNIT 2076 & UNIT 2078 (M.6.2633, PG.416) GPIN: 1489-58-6234 BLK. -4 GPIN: 1489-58-6199 EX 3—STORY BRICK AND FRAME 189.08' ALONG R/W TO P.C. OF PIEDMONT CIRCLE N 8930'50" E WITH VINYL SIDING � � EX WOOD 0 BULKHEAD S 86'45'53" W TAZEWELL ROAD (VARIABLE W/DTH R/W) N/F 2068 TAZEWELL ROAD ASSOCIATES L L C LOT -6 (M.B.5, PG.69) GPIN: 1489-58-6153 SCALE: 1 "=25' Landscape Archit Land Surveying Civil Engineering ecture 757.431.1041 wplsite.com SHEET 1 OF 1 EXHIBIT A ENCROACHMENT EXHIBIT FOR PROPOSED FLOATING DOCK (8'X11') AND PROPOSED WOOD DOCK (6'X7') 2074 TAZEWELL ROAD LOT 5, BLOCK 4 - OCEAN PARK, SECTION A (INSTRUMENT # 200605150072776) for: PENNY C LANE DATE: 06/05/2013 (REVISED 4/21/2014) WPL#212-0336 EXHIBIT 'B" LICENSE AGENCY AGREEMENT • WHEREAS, the Penny Combs Lane Revocable Living Trust (the "Lane Trust'), must execute and maintain and have on file with the City of Virginia Beach a License Agency Agreement with Thomas K. Norment, Jr.. property owner of 2072 Tazewell Road, GPIN: 1489-58-6199-0001, prior to commencing any construction within the Encroachment Area. • WHEREAS, the Lane Trust, has requested permission to maintain an existing wood bulkhead, remove a portion of an existing wood pier (6.5 linear feet) and to construct and maintain a proposed floating dock (8' x 11') and a proposed wood dock (6' x 7) (collectively, the "Temporary Encroachments"), within the City's right-of-way known as Lynnhaven Promenade (a paper street) and City property known as Crab Creek (the "Encroachment Agreement"). • NOW, THEREFORE, 1. I, Thomas K. Norment, Jr., the undersigned and property owner of 2072 Tazewell Road, hereby authorize the Lane Trust to make application to the City of Virginia Beach for the purpose of an encroachment for the above referenced property. 2. 1 further offer no objection to the Lane Trust executing the Encroachment Agreement if the City of Virginia Beach grants approval for such Encroachment Agreement. 3. The building and maintenance of the bulkhead, wood pier, floating dock and wood dock uiiGG, dii y i.0 l;i*Oi,t C., l,l ll,l 11 �i �iGGiil Uli iJJUvy iiiG C.,,V of v%, gill,u l%d l.„ Ul. it iiiU 1. at the sole expense of the Lane Trust. 4. The Lane Trust shall be responsible for any liability on account of the Temporary Encroachments for the bulkhead, wood pier, floating dock and wood dock. By Thomas K. Norment, Jr. PENNY COMBS LANE REVOCABLE LIVING TRUST By Date 9////4 Date CHANNEL PF H FLAB ...S�.,B°. DATLE O W Si EDCE OF CHANNEL PER EDGE PLANS B'. C,,,`_ D� VIRGitvlA BEACH DATED JUNE 2; 201 , REMOVE XATC'HED PORTION (6.5LF) OF \ EX WOOD PIER PROPOSED FLOA77N0 DOCK (8X11) EX WOOD (77 EX 1440.00 °IER III LEX W000 PIER LJ� EX W000 BJLKH AD N/F WILLIAM R BURNEITE, JR UNIT 2076 & UNIT 2078 (M.B.2633, PG.416) GPIN: 1489-58-6234 189.08' ALONG R/W TO "'—P.0 OF PIEDMONT C/RCLE N 89'.30'50' E LCrdSCCp E: C^C Surveys: c 757 4'...1.54'. rf.ivil e' , 'LDOD 538 CRA CREEK 25.0' —PROPOSED WOOD DOCK (6 X7) C X WOGd, PIER 6 =� R=586.35 i�s..-5.� 1 ELI A./ER/DAN SOURCE (468..2633, R.7,47 6) NSF CT' OF VIRGINIA BEACH (D.B.2188, PG.545) (M.B.153, PC.41) (1488-58-7167) <3 —o E); WOOD PIER L YAWHA WEN EX EDGE PROMENADE WATER (r��Lw) L!Ef1H'Y{/ EX. EDGE OF (25' R/W) (UNIMPROVED) EX 3—STORYPORCH CH LOT -5 I03 ELK -4 GPIN. 1469-58-6199 Ni lirr t #2074 #2072 II EX CONC EY 005: DRVEWAY I I DRIVE'A'A' EX 3 -STORY BRICK AND FRAME +, WITH VINYL SIDING 00 o, EX WOOD N BULKHEAD 5 86'45'53 R=174 1 21 7-AZEWELL ROAD (VARIABLE WIDTH P../W) SHEET i OF 1 N/F 2068 TAZEWELL ROAD ASSOCIATES L L C LOT -6 (M.B.5, PG.69) GPIN: 1489-58-5153 EXHIBIT A ENCROACHMENT EXHIBIT FOR PROPOSED FLOATING DOCK (8'X11') AND PROPOSED WOOD DOCK (6'X7') 2074 TAZEWELL ROAD LOT 5, BLOCK 4 - OCEAN PARK, SECTION A (INSTRUMENT # 200605150072776) for: PENNY C LANE DATE: 05/05/2013 (REVISED 4/21/2014) WPL#212-0336 or CHANNEL PER CIT,' DREDGE P CITY OF VRGINIA BEACH DATED JUNE+' 20; 24, 2011 WEST EDGE OF CHANNEL PER CRY DREDGE PLANS BY. CITY OF VRGIN&A BEACH DATED JUNE 24, 2011 REMOVE 7i547rHEfl POR77ON (6.5LF) OF IX WOOD PIER PROPOSED FLOATING DOCK (8X11) EX WOOD PIER BOAT LIFT EX WOOD PIER - _OD FLOOD EBB 1 CRAB CREEK � U es 250' PROPOSED WOOD DOCK (6X7) A1£R/Di4N SOURCE (M.B.2633, PO4162 N/F COY OF VIRGINIA 8EACH (4 82153, 188PG.41) 5)) (1489-58-7167) =0 EX WOOD I PIER EX WOOD BULKHEAD EX WOOD PIER EX MARSH , 6� R=585 3 4UNE� EX MHW EX EDGE WATER (MLW) EX. EDGE OF MARSH N/F WILLIAM R BURNETTE, JR UNIT 2076 & UNIT 2078 (M.B.2633, PG.416) GPIN: 1489-58-6234 159.O5 ALONG R/W 7O --'—P.0 OF PIED/WO/,T CIRCLE N 89'30'50" £ (0I NI:I i jl 1 �I 11 I 11j #2074 12072 iI 1 1EX CONC I EX CONC 1 DRIVEWAY / Y DRIVEWA ,i 1 LK. ` `1 I rte: GPIN: 1489-58-6199 EX 3 -STORY BRICK AND FRAME WITH VINYL SIDING L R=14 hi S 86'45'53" W L YNNHA VEN PROMENADE (25' R/W) (UNIMPROVED) EX WOOD BULKHEAD N/F 2068 TAZEWELL ROAD ASSOCIATES L L C LOT -6 (M.B.5, PG.69) GPIN: 1489-58-6153 TAZEWELL ROAD (VAR/ABLE W/DTH R/W) SCALE: 1 "=25' Landscape Architecture Land Surveying 757.431.1041 Civil Engineering wpisite.cem SHEET 1 OF 1 EXHIBIT A ENCROACHMENT EXHIBIT FOR PROPOSED FLOATING DOCK (8'X1l') AND PROPOSED WOOD DOCK (6'X7') 2074 TAZEWELL ROAD LOT 5, BLOCK 4 — OCEAN PARK, SECTION A (INSTRUMENT # 200605150072776) for: PENNY G LANE DATE: 06/05/2013 (REVISED 4/21/2014) WPL#212-0336 stioac.. SITE Legend 1 City Properties P'repared by P.W./Eng./Eng. Support pport Services Bureau 02ro2/2014 Existing encroachment behind 2074 Tazewell Road PIEDMONT CIR m 1489-58-6199 N w LOCATION MAP ENCROACHMENT REQUEST FOR PENNY C. LANE RLT 2074 TAZEWELL ROAD GPIN 1489-58-6199-0002 Feet 0 50 100 200 X. \CADD1Proiects\ARC Files\AGENDA MAPS\Tazewel Rd\1469-588199\1489-58-6199.msc =11111t '''1 pi 3'111111111110 Item-VI-L11a ORDINANCES/RESOLUTIONS -57- ITEM #64200 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: a. $1,251,131 from Federal Emergency Management Agency (FEMA) for the continued operation of the Virginia Task Force 2 Urban Search and Rescue Team and providing 3.25 grant - funded full time employees Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM FEMA FOR THE CONTINUED 3 OPERATION OF THE VIRGINIA TASK FORCE 2 4 URBAN SEARCH AND RESCUE TEAM AND TO 5 APPROVE 3.25 GRANT -FUNDED FTES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 1. That $1,251,131 is hereby accepted from the U.S. Department of 11 Homeland Security, Federal Emergency Management Agency, and appropriated, with 12 federal revenues increased accordingly, to the FY 2014-15/2015-16 Cooperative 13 Agreement Grant for continued operation of the Virginia Task Force 2 Urban Search 14 and Rescue Team; and 15 16 2. That 3.25 positions, including two full-time positions (FEMA Program 17 Manager and Administrative Technician) and two part-time positions (Training Manager 18 and Logistics Manager totaling 1.25 FTE'S), are hereby approved in the FY 2014-15 19 Operating Budget of the Fire Department, and recommended for inclusion in the 20 subsequent fiscal year budget, provided, however, that these positions are conditioned 21 upon continued grant funding for the duration of the grant. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day of October , 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management &ervices CA13110 R-1 September 19, 2014 s Office Item-VI-Lllb ORDINANCES/RESOLUTIONS -58- ITEM #64201 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: b. $135, 000 re dredging of individual property basins for Bayville Creek Neighborhood and $170,000 and $150, 000, respectively, from the Western Branch Lynnhaven River maintenance dredging to Bayville Creek Neighborhood and Old Donation Creek Area dredging Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 1 AN ORDINANCE TO APPROPRIATE AND TRANSFER 2 FUNDS TO PROVIDE ADDITIONAL FUNDING FOR 3 CAPITAL PROJECTS 8-501, BAYVILLE CREEK 4 NEIGHBORHOOD DREDGING, AND 8-500, OLD 5 DONATION CREEK AREA DREDGING 6 7 WHEREAS, CIP 8-501, Bayville Creek Neighborhood Dredging requires an 8 appropriation of property owner contributions who choose to participate in individual 9 access basin dredging; and 10 11 WHEREAS, CIP 8-500, Old Donation Creek Area Dredging, and CIP 8-501, 12 Bayville Creek Neighborhood Dredging, require additional funding to pay mitigation 13 costs and to avoid project delays. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA, THAT: 17 18 1. $135,000 is hereby appropriated, with estimated revenues from property 19 owner contributions, to CIP 8-501, Bayville Creek Neighborhood Dredging, for dredging 20 of individual property basins; 21 22 2. $170,000 is hereby transferred from CIP 8-005, Western Branch 23 Lynnhaven River Maintenance Dredging, to CIP 8-501, Bayville Creek Neighborhood 24 Dredging, to pay for mitigation and other required activities of the project; and 25 26 3. $150,000 is hereby transferred from CIP 8-005, Western Branch 27 Lynnhaven River Maintenance Dredging, to CIP 8-500, Old Donation Creek Area 28 Dredging, to allow the award of a dredging contract without further delay. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of October 2014. APPROVED AS TO CONTENT: Budget and Management Service CA13118 R-1 September 24, 2014 APPROVED AS TO LEGAL SUFFICIENCY: City ney s Office Item-VI-L11c ORDINANCES/RESOLUTIONS -59- ITEM #64202 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: c. $111,113 from the U.S. Department of Justice, Edward Byrne Justice Assistance Grant re: 1. $30,511 to Parks and Recreation 2. $29, 732 to Community Corrections and Pretrial Office 3. $26,190 to the Police Department 4. $24, 680 to the Sheriff's Office Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 1 2 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FOR LAW ENFORCEMENT PURPOSES 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, THAT: 5 6 1. $111,113 from the U.S. Department of Justice, Edward Byrne Justice Assistance 7 Grant, is hereby accepted and appropriated, with estimated federal revenue increased 8 accordingly, to the following agencies and departments: 9 10 a. $24,680 to the Sheriff's Office to purchase 21 tablet computers with Wi-Fi 11 to be used by students at the Sheriff's Basic Academy, and 20 software licenses for 12 Dragon Naturally Speaking speech recognition software; 13 14 b. $26,190 to the Police Department to upgrade the existing 10 -year old 15 security system for the Police Headquarters building; 16 17 c. $29,732 to the Community Corrections and Pretrial Office to purchase 18 Laserfiche scanning equipment, software and training, and funding to hire a part-time 19 temporary staff person to assist with drug testing and probation supervision; 20 21 d. $30,511 to the Department of Parks and Recreation for a summer at -risk 22 youth employment program; and 23 24 2. Nothing herein shall be construed to require the City to replace any items 25 purchased with the above -referenced grant funds, and such replacement would be 26 contingent upon additional grant funds or other non -general fund financial support. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of October 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management)Services CA13111 R-1 September 22, 2014 City Atto • - Item -VI -1.11d(1) ORDINANCES/RESOLUTIONS -60- ITEM #64203 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: d. from the U.S. Department of Transportation Administration National Highway Traffic Safety Administration via the DMV: 1. $64,232 to Police re enforcement ofDUllaws and $32,116for a local Grant match Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N Ross -Hammond Rosemary Wilson October 7, 2014 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS WITHIN THE 3 OPERATING BUDGET OF POLICE FOR THE 4 ENFORCEMENT OF DUI LAWS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1) $64,232 is hereby accepted from the United States Department of 9 Transportation National Highway Traffic Safety Administration via the Virginia Department 10 of Motor Vehicles and appropriated, with estimated federal revenues increased 11 accordingly, to the FY 2014-15 Operating Budget of the Police Department for police 12 officer over -time and equipment related to the enforcement of DUI laws; and 13 14 2) $32,116 is hereby transferred within the FY 2014-15 Operating Budget of the 15 Police Department to provide the local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of October 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • r6 0 Budget and Management Services CA13117 R-1 September 24, 2014 City Item-VI-Ll1d(2) ORDINANCES/RESOLUTIONS -61- ITEM #64204 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: d. from the U.S. Department of Transportation Administration National Highway Traffic Safety Administration via the DMV: 2. $52, 000 re enforcement of seat belt laws Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS WITHIN THE 3 OPERATING BUDGET OF POLICE FOR THE 4 ENFORCEMENT OF SEAT BELT LAWS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1) $52,000 is hereby accepted from the United States Department of 9 Transportation, National Highway Traffic Safety Administration, via the Virginia Department 10 of Motor Vehicles and appropriated, with estimated federal revenues increased 11 accordingly, to the FY 2014-15 Operating Budget of the Police Department for selective 12 traffic enforcement, the Click -It -or -Ticket campaign, and several traffic checkpoints; and 13 14 2) $26,000 is hereby transferred within the FY 2014-15 Operating Budget of the 15 Police Department to provide the local grant match. 16 oc Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day ber of 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -i)c),/,,t Yi--2 Budget and Management Services City ffice CA13116 R-1 September 24, 2014 Item -1/14.11e ORDINANCES/RESOLUTIONS -62- ITEM #64205 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: e. $32,027 from the Virginia Department of Fire Programs to the Fire Department re the Fire Training Center Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE VIRGINIA DEPARTMENT OF 3 FIRE PROGRAMS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $32,027 in funding from the Virginia Department of Fire Programs is hereby 9 accepted and appropriated, with estimated revenue increased accordingly, to the FY 10 2014-15 Operating Budget of the Fire Department for repairs to the Fire Training 11 Center. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 th day of October 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: )(yi, [F -)-J Budget and Management Services CA13113 R-1 September 23, 2014 APPROVED AS TO LEGAL Item-VI-LIlf ORDINANCES/RESOLUTIONS -63- ITEM #64206 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: f. $20,376 from the Oyster Heritage Trust Fund to Planning and Community Development to increase the oyster habitat in the Lynnhaven River Watershed Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE 2 OYSTER HERITAGE TRUST FUND 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That $20,376 is hereby appropriated, with estimated revenue increased 8 accordingly, from the fund balance of the Oyster Heritage Trust Fund to the FY 2014-15 9 Operating Budget of the Department of Planning and Community Development to 10 increase oyster habitat in the Lynnhaven River watershed and continue the Oyster Shell 11 Recycling Program. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of October , 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Budget and Management Services CA13112 R-1 September 23,2014 APPROVED AS TO LEGAL SUFFICIENCY: July 11, 2014 Clay Bernick, Director Environment and Sustainability Office 2405 Courthouse Drive, Room 115 Virginia Beach, VA 23456 Mr. Clay Bernick, LYNNHAVEN River NOW I am writing to request reimbursement in the amount of $20,375.35 for the first six months of 2014, January 1 through June 30, for the Save Oyster Shell recycling program. Each year, this program grows. We have worked to build awareness among the restaurant community as well as the general public. During the first six months of 2013, we have collected shells from 26 restaurants in Virginia Beach. Please see the attached list of program participants. We have also collected from our four public drop-off locations and from private oyster roast events. In addition, during the past six months, we have developed a new window sticker for the participating restaurants and stickers for their menus. These have been well received by the restaurants and help to give them the recognition that they deserve for committing to make this program work. We have also published the list of restaurants on our website and in our electronic newsletter as well as our quarterly print newsletter. Recent work to coordinate the pickup of shells from the Wanchese Packing Plant has provided us with tons of shells that we will be able to use both for restoration projects in the Lynnhaven as well as for match for Federal oyster restoration funds. The use of this shell as match triples or quadruples its value to the City. In the attachments, please find a list of the current participating restaurants and a breakdown of expenses for January 1, 2014 through June 30, 2014, Please contact me if you need further information. c[n.-poi„ .r, Karen W. Forget Executive Director 1608 Pleasure House Road, Suite 108, Virginia Beach, VA 23455 www. LRNow. org 757-962-5398 Save Oyster Shell Program January 1, 2014 —June 30, 2014 Expenses: Driver and Mileage Reimbursement Expense 7,967.36 Administration of Program and Coordination with Restaurants and Events 10,450.00 Equipment and Supplies 1,957.99 TOTAL 20,375.35 List of Participating Restaurants as of June 30, 2014: 21st Street Seafood Company Abbey Road Blue Seafood and Spirits Bubba's Captain George's Chick's Oyster Bar Coastal Grill C.P. Shucker's at the Oceanfront C.P. Shucker's on the Bayside Croakers Neighborhood Grill Croc's 19th Street Bistro Dockside Five 01 City Grill Harpoon Larry's Lucky Oyster Metropolitan Oyster Exchange McCormick & Schmicks's Rockafeller's Salt Sheraton Oceanfront Steinhilber's Surfrider at Marina Shores Surfrider at Cypress Point Swan Terrace at Founder's Inn Ta utog's Yukai Seafood Buffet Public Dropoff Locations: Bayside: Lynnhaven River NOW office Oceanfront: Virginia Aquarium, East Parking Lot Hilltop: Whole Foods Southern Virginia Beach: City Resource Recovery Center on Jake Sears Road Bushels Collected: January 182 February 173 March 203 April 241 May 309 June 534 TOTAL 1,642 etvh 4,1' GC( 11, Zd /L{ Item-VI-Lllg ORDINANCES/RESOLUTIONS -64- ITEM #64207 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: g. Voting: 9-0 $10,528 from the Parking Meters — Homeless Donation Fund to Housing and Neighborhood Preservation for allocation recommended by the Beach Community Partnership Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 1 AN ORDINANCE TO APPROPRIATE "DONATION 2 METER" FUNDS 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 $10,528 from the fund balance of Parking Meters — Homeless Donation Fund 8 (910) is hereby appropriated, with donation revenue increased accordingly, to the FY 9 2014-15 Operating Budget of the Department of Housing and Neighborhood 10 Preservation to be used in accordance with the established purposes of the program. 11 with donation revenue increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of October 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Al Budget and Management Services CA13114 R-1 September 23, 2014 Cid Item -VI-J PLANNING 1. CSA VIRGINIA BEACH, LLC -65- ITEM #64208 2. VIRGINIA ELECTRIC & POWER COMPANY dba DOMINION VIRGINIA POWER 3. ICE MASTERS dba RINK SPECIALISTS/ CITY OF VIRGINIA BEACH 4. MISSION ENTERPRISES, LLC 5. SPENCE CROSSING RESIDENTIAL, INC 6. KEMPDEL, INC. 7. a/b CITY OF VIRGINIA BEACH MODIFICATION OF CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONFORMING USE ALTERNATIVE COMPLIANCE CONDITONAL USE PERMIT CONDITIONAL USE PERMIT CHANGE OF ZOING CONDITIONAL CHANGE OF ZONING AMEND CITY ZONING ORDINANCE October 7, 2014 -66 - Item -VI-J PLANNING ITEM #64209 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2, 3a/b, 4, 5 and 6 of the PLANNING AGENDA. Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 -67- Item—VI-J.1 PLANNING ITEM #64210 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of CSA VIRGINIA BEACH, LLC for a Modification of Conditional Use Permit (Granted June 25, 2013) to modem Condition 1 re operating hours at 5070 Virginia Beach Boulevard DISTRICT 4 — BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CSA VIRGINIA BEACH, LLC for a Modification of Conditional Use Permit (Granted June 25, 2013) to modify Condition 1 re operating hours at 5070 Virginia Beach Boulevard (GPIN 1497960131) DISTRICT 4 — BAYSIDE The following conditions shall be required: 1. The hours of operation of the indoor recreation facility (shooting range) shall be limited to 6:00 A.M. to 8:00 A.M. for contract use and from 8:00 A.M. to 12:00 A.M. (midnight) for public use. 2. The noise attenuation measures, as depicted on the exhibit entitled "Colonial Shooting Academy, Proposed Building Section and Wall Section," shall be installed and maintained as indicated on said exhibit. 3. Renovations to the existing building and landscape materials shall adhere to the submitted plans entitled "Colonial Shooting Academy," prepared by LDA Architects. Said elevations and plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 4. The applicant's "Range Rules" shall be posted inside the indoor recreation facility and shall be adhered to at all times. 5. No alcoholic beverages shall be served or permitted on site. 6. All locking devices on all exterior doors shall be high-quality security locking systems approved by the Crime Prevention through Environmental Design (CPTED) Office. 7. All storage containers shall be removed from the site prior to the issuance of a Certificate of Occupancy from the Building Official's Office. 8. On an annual basis, commencing with the date of City Council's granting of this Use Permit, the Zoning Administrator shall investigate any complaints received from the adjacent residential area that may be due to the operation of the facility, and shall, if deemed necessary as a result of the investigation, work with the applicant/facility operator to make whatever structural or operational modifications as necessary to address the issues. October 7, 2014 -68 - Item -VI -J.1 PLANNING ITEM #64210(Continued) This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventh day of October, Two Thousand Fourteen Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 -69 - Item -VI -J.2 PLANNING ITEM #64211 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of VIRGINIA ELECTRIC & POWER COMPANY dba DOMINION VIRGINIA POWER for a Conditional Use Permit re expansion of an electric transformer station (Burton Station) at 5800 Sandpit Road DISTRICT 4 — BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of VIRGINIA ELECTRIC & POWER COMPANY dba DOMINION VIRGINIA POWER for a Conditional Use Permit re expansion of an electric transformer station (Burton Station) at 5800 Sandpit Road (GPIN 1459914459; 14599916423) DISTRICT 4 — BAYSIDE The following conditions shall be required: 1. With the exception of any modifications required by any of these conditions or during the formal Site Plan review process, the site shall be developed and maintained substantially in conformance with the submitted Site Plan entitled "OVERALL SITE PLAN BURTON STATION EXAPNSION, VIRGINIA BEACH, VIRGINIA, " dated August 13, 2014. 2. Per the provisions of Section 221(i) of the City Zoning Ordinance, upon a finding by the City Council that the need to meet the design standards for electric transformer substations are vital to the safety and welfare of the citizens as well as a finding that there will be no significant detrimental effects on surrounding properties as a result of the following deviation from the requirements of the Zoning Ordinance, the twenty-five (25) foot wide landscape buffer shall be installed and maintained as shown on the submitted Site Plan as "ANTICIPATED LANDSCAPE/SCREENING AREA." The landscaping buffer shall consist of evergreen plants, branching to the ground, with a minimum height at installation of five (5) to six (6) feet and reaching a height of twenty (20) feet at maturity, as specified in the City's Landscaping Guide. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventh day of October, Two Thousand Fourteen October 7, 2014 -70 - Item -VI -J.2 PLANNING ITEM #64211(Continued) Voting: 8-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson Council Members Abstaining: John D. Moss October 7, 2014 -71- Item-VI-J.3a/b PLANNING ITEM #64212 Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council, APPROVED/CONDITIONED, BY CONSENT, Applications of ICE MASTERS dba RINK SPECIALISTS /CITY OF VIRGINIA BEACH DISTRICT 6 - BEACH a. Alternative Compliance to the Oceanfront Resort District Form -Based Code to provide an entertainment venue that does not conform to the building type properties for a commercial building b. Conditional Use Permit (Outdoor Recreation Facility — Ice Skating Rink) at 204 and 206 3rd Street, 206 and 208 Atlantic Avenue and a portion of 108 Atlantic Avenue BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications of ICE MASTERS dba RINK SPECIALISTS /CITY OF VIRGINIA BEACH (GPINs 2427229184; 2427320193; 242320138; 2427320057; 2427320006; 2427229150; and a portion of 2427310964) DISTRICT 6 - BEACH a. Alternative Compliance to the Oceanfront Resort District Form -Based Code to provide an entertainment venue that does not conform to the building type properties for a commercial building b. Conditional Use Permit (Outdoor Recreation Facility — Ice Skating Rink) at 204 and 206 3rd Street, 206 and 208 Atlantic Avenue and a portion of 108 Atlantic Avenue The following conditions shall be required.• 1. With the exception of any modifications required by any of these conditions or by the request of the City of Virginia Beach Permits and Inspections Administrator, the layout of the site shall be substantially as shown on the Site Plan entitled "EXHIBIT B" dated May 27, 2014. Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 2. All proposed tents and structures shall be reviewed and approved by the City of Virginia Beach Permits and Inspections Administrator prior to the operation commencing on the subject site. 3. With the exception of any modifications required by any of these conditions or as a result of reviews under the International Building Code, the tent structures, chiller unit and signage structures shall be substantially as shown on the photographs submitted with the application. 4. Accessible parking meeting the requirements of the Americans with Disabilities Act (ADA) shall be provided on site. A walkway from said parking to the entrance of the operation shall meet applicable ADA requirements. 5. The applicant shall provide qualified individuals to direct traffic into and out of the parking area adjacent to the site from dusk until the operation closes. October 7, 2014 -72- Item-VI-J.3a/b PLANNING ITEM #64212(Continued) 6. Lighting shall be directed into the site and shielded in a manner that prevents light overspill into the surrounding area. 7. The chiller unit shall be screened on three (3) sides by a privacy fence. 8. Prior to being installed, all signs shall be reviewed and approved by the City of Virginia Beach Zoning Administrator. 9. The applicant shall cause a sidewalk or other pedestrian pathway acceptable to the City of Virginia Beach to be installed adjacent to the subject site along the Western side of Atlantic Avenue between the existing sidewalk on 3rd Street and the existing sidewalk on the Western side of Atlantic Avenue adjacent to the site. 10. This Special Exception for Alternative Compliance and this Conditional Use Permit are valid through February 2015. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventh day of October, Two Thousand Fourteen Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 -73 - Item -VI -J.4 PLANNING ITEM #64213 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of MISSION ENTERPRISES, LLC for a Conditional Use Permit (eating and drinking establishment) at 501 Virginia Beach Boulevard DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of MISSION ENTERPRISES, LLC for a Conditional Use Permit (eating and drinking establishment) at 501 Virginia Beach Boulevard (GPIN 2427063654) DISTRICT 6 — BEACH The following conditions shall be required: 1. With the exception of any modifications required by any of these conditions, the site shall be developed substantially in conformance with the conceptual Site Plan titled, `DISTRICT 501, " and dated July 1, 2014, as prepared by WPL. 2. With the exception of any modifications required by any of these conditions, the existing structure shall be improved substantially in conformance with the conceptual architectural elevations titled, "ESOTERIC NORTH ELEVATION SCHEME 3, " and "EAST FACADE," dated 7/2/2014, as prepared by Folck West Architects. 3. The applicant shall obtain an Encroachment Agreement and Maintenance Agreement from the Department of Parks and Recreation/Landscape Management Division for the landscaping within the right-of-way as shown on the conceptual Site Plan referenced in Condition 1. The proposed landscape design shall be reviewed and approved by the Landscape Architect of the Development Services Center. 4. All landscaping, including the "CAT. IV BUFFER (MODIFIED) " as called out on the conceptual Site Plan referenced in Condition 1, shall be approved by the Landscape Architect of the Development Services Center. 5. The hours of operation of the Eating and Drinking Establishment shall be as follows: Sunday through Thursday, 11:00 A.M. to 12:00 A.M. Friday through Saturday, 11:00 A.M. to 2:00 A.M. 6. The operation shall comply with all applicable codes and regulations of both the Commonwealth of Virginia and the City of Virginia Beach pertaining to licensure and control of alcoholic beverages. 7. The applicant shall provide the Zoning Administrator with a written agreement (lease, easement or license), acceptable to the City Attorney, demonstrating the availability of the off-site parking spaces, which when combined with the on-site parking spaces will meet the required parking for this use as specified in the City Zoning Ordinance. October 7, 2014 -74 - Item -VI -J.4 PLANNING ITEM #64213(Continued) 8. No chain-link fencing shall be visible from the public right-of-way of Virginia Beach Boulevard or Baltic Avenue. 9. There shall be no live or recorded outdoor entertainment between the hours of 11:00 P.M. and 12:00 P.M. (Noon). 10. Noise produced by the proposed use, when measured as defined by Article II of Chapter 23 of the Code of the City of Virginia Beach, shall not exceed 65 dBA between the hours of 11:00 A.M. and 11:00 P.M. or 55 dBA between the hours of 11:00 P.M. and 2:00 A.M. 11. The applicant shall work with the Department of Public Works/Traffic Engineering to ensure that vehicles do not park in the area of the public right-of-way located between the facade of the existing building and the improved edge of the vehicular lanes of Virginia Beach Boulevard. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventh day of October, Two Thousand Fourteen Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 -75 - Item -VI -J.5 PLANNING ITEM #64214 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED, BY CONSENT, Application of SPENCE CROSSING RESIDENTIAL, INC. for a Change of Zoning from Conditional PD -H2 (A-12) Apartment to P-1 Preservation to preserve open space at Salem Road and Lynnhaven Parkway DISTRICT 1— CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of SPENCE CROSSING RESIDENTIAL, INC. for a Change of Zoning from Conditional PD -H2 (A-12) Apartment to P-1 Preservation to preserve open space at Salem Road and Lynnhaven Parkway (part of GPIN 1485055576) DISTRICT 1 — CENTERVILLE 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 Seventh day of October, Two Thousand Fourteen Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 -76 - Item -VI -J.6 PLANNING ITEM #64215 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of KEMPDEL, INC. for a Conditional Change of Zoning from Conditional B-1 Business to Conditional PD -H2 [A -12J re development of condominiums at 2020 Round Hill Road and 2725 South Independence Boulevard DISTRICT 1 — CENTERVILLE. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of KEMPDEL, INC. for a Conditional Change of Zoning from Conditional B-1 Business to Conditional PD -H2 [A-12] re development of condominiums at 2020 Round Hill Road and 2725 South Independence Boulevard (GPIN 1475418475; 147517786) DISTRICT 1— CENTER VILLE. 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 Seventh day of October, Two Thousand Fourteen Voting. 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 -77- Item-VI-J.7a PLANNING ITEM #64216 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/CONDITIONED, BY CONSENT, Ordinances to AMEND the City Zoning Ordinance (CZO): a. Section 111, Defining "Craft Brewery, " and Sections 901 and 1001 establishing craft breweries as a "Conditional Use" in the B-2 Community Business District and I-1 Light Industrial District and ADD a new Section 230 re requirements and standards for craft breweries Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 1 REQUESTED BY COUNCILMEMBER JOHN E. UHRIN 2 3 4 AN ORDINANCE TO AMEND SECTIONS 111, 901 AND 1001 5 OF THE CITY ZONING ORDINANCE AND ADD A NEW 6 SECTION 230 OF THE CITY ZONING ORDINANCE, 7 ESTABLISHING CRAFT BREWERIES AS A CONDITIONAL 8 USE IN THE B-2 COMMUNITY BUSINESS DISTRICT AND 9 THE 1-1 LIGHT INDUSTRIAL DISTRICT, ADDING A 10 DEFINITION OF THE USE, AND SETTING FORTH GENERAL 11 REQUIREMENTS FOR THE USE 12 13 Sections Amended: City Zoning Ordinance Sections 111, 14 901 and 1001 15 16 Section Added: City Zoning Ordinance Section 230 17 18 19 WHEREAS, the public necessity, convenience, general welfare and good zoning 20 practice so require; 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That Sections 111, 901 and 1001 of the City Zoning Ordinance are hereby 26 amended and a new Section 230 of the City Zoning Ordinance is hereby added, 27 establishing craft breweries as a conditional use in the B-2 Community Business District 28 and the 1-1 Light Industrial District, adding a definition of the use, and setting forth 29 general requirements for the use, to read as follows: 30 31 ARTICLE 1. GENERAL PROVISIONS 32 33 Sec. 111. Definitions. 34 For the purpose of this ordinance, words used in the present tense shall include 35 the future; words used in the singular number include the plural and the plural the 36 singular; the use of any gender shall be applicable to all genders; the word "shall" is 37 mandatory; the word "may" is permissive; the word "land" includes only the area 38 described as being above mean sea level; and the word "person" includes an individual, 39 a partnership, association, or corporation. 40 41 In addition, the following terms shall be defined as herein indicated; provided that 42 in the event a term defined in this section is defined differently in the regulations of any 43 form -based district, the latter definition shall control if the property to which the definition 44 applies is located in the form -based district: 45 46 47 48 Craft Brewery. A facility, other than a farm brewery, that produces and 49 distributes beer or other fermented malt beverages in quantities not exceeding fifteen 50 thousand barrels (15,000 BBL) per year and at which beer, ale or other fermented 51 beverages are served to customers for on -premises consumption and at which meals 52 are not served. 53 54 55 COMMENT 56 The section defines the term "craft brewery." Section 230, shown below, sets forth the 57 provisions that regulate craft breweries. 58 59 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 60 TO ALL DISTRICTS 61 62 63 C. CONDITIONAL USES AND STRUCTURES 64 65 66 67 Sec. 230. Craft breweries. 68 In addition to general requirements, craft breweries shall be subject to the 69 following provisions: 70 71 (a) A valid license issued by the Virginia Alcoholic Beverage Control Board 72 shall be held by the establishment at all times, and the conditions of any such license 73 shall be incorporated by reference into any conditional use permit authorizing a craft 74 brewery; 75 2 76 (b) Only beer or other fermented malt beverages and non-alcoholic 77 beverages may be served; 78 79 (c) Beer or other fermented malt beverages may be sold for on -premises 80 consumption and for off -premises consumption at retail or wholesale; 81 82 (d) There shall be no sale or consumption of alcoholic beverages on the 83 premises between midnight and ten o'clock (10:00) a.m.., 84 85 (e) Live music shall be performed only inside the establishment and doors 86 and windows shall remain closed during such performances, except during the actual 87 ingress and egress of patrons and employees; and 88 89 (e) The City Council may impose such reasonable conditions as it deems 90 necessary to avoid or mitigate adverse impacts upon other property. 91 92 93 94 COMMENT 95 96 The section sets for the general conditions of any conditional use permit issued for a craft 97 brewery. Subsection (e) allows the City Council to impose any other reasonable conditions it deems 98 necessary to avoid or reduce adverse impacts on other properties. 99 100 101 ARTICLE 9. BUSINESS DISTRICTS 102 103 104 105 Sec. 901. Use regulations. 106 107 (a) Principal and conditional uses. The following chart lists those uses 108 permitted within the B-1 through B -4K Business Districts. Those uses and structures in 109 the respective business districts shall be permitted as either principal uses indicated by 110 a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 111 shall be prohibited in the respective districts. No uses or structures other than as 112 specified shall be permitted. 113 114 115 3 116 Use 8-1 8-1A B-2 8-3 8-4 8-4C 8-4K 117 118 Communication towers, 119 except as specified above X C C C C C X 120 121 Craft breweries, subject to 122 the provisions of Section 230 X X C X X X X 123 124 Dormitories for marine pilots X X X X CX X 125 126 127 128 COMMENT 129 130 The amendment allows craft breweries as a conditional use in the B-2 Community Business 131 District, subject to the provisions of Section 230, which is set forth above. 132 133 ARTICLE 10. INDUSTRIAL DISTRICTS 134 135 Sec 1001. Use regulations 136 (a) Principal and conditional uses. The following chart lists those uses 137 permitted within the 1-1 and 1-2 Industrial Districts. Those uses and structures in the 138 respective industrial districts shall be permitted as either principal uses indicated by a 139 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 140 shall be prohibited in the respective districts. No uses or structures other than as 141 specified shall be permitted. 142 143 Use 1-1 1-2 144 145 Communication towers, except as specified above C C 146 147 Craft breweries, subject to the provisions of 148 Section 230 C X 149 150 Eating and drinking establishments P P 151 152 4 II i 153 COMMENT 154 155 The amendment allows craft breweries as a conditional use in the I-1 Light Industrial 156 District, subject to the provisions of Section 230, which is set forth above. 157 158 159 Adopted by the Council of the City of Virginia Beach, Virginia, on the 160 7th day of October 2014 CA -13080 R-4 September 10, 2014 APPROVED AS TO CONTENT: Ian ing Department APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office 5 -78- Item-VI-J.7b PLANNING ITEM #6421 7 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/CONDITIONED, BY CONSENT, Ordinances to AMEND the City Zoning Ordinance (CZO): b. Section 211 of the City Zoning Ordinance (CZO) re signage on construction fences Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson Councilman Uhrin DISCLOSED re ITEM#7b (SIGNAGE ON CONSTRUCTION FENCES) he is a member of a group (persons with an interest in businesses that undertake construction projects and use construction fences); however, the City Attorney advised it is not necessary to ABSTAIN from participating in this consideration and voting on this item. October 7, 2014 1 REQUESTED BY COUNCILMEMBER JOHN E. UHRIN 2 3 4 AN ORDINANCE TO AMEND SECTION 211 OF THE CITY 5 ORDINANCE, ALLOWING SIGNS ON CONSTRUCTION 6 FENCES 7 8 9 Section Amended : City Zoning Ordinance Section 211 10 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 That Section 211 of the City Zoning Ordinance, pertaining to signs allowed in all 19 districts, is hereby amended to read as follows: 20 21 Sec. 211. Signs permitted in all districts. 22 23 The following types of signs are exempted from all of the provisions of this 24 ordinance, except for illumination, construction, and safety regulations and the following 25 standards: 26 27 28 (g) Construction signs. One sign on each roadway frontage not exceeding 29 thirty-two (32) square feet in area and bearing only the names and addresses of the 30 project, contractors, architects, developers, planners, financial institutions, or engineers 31 engaged in the construction project and only during the time construction or 32 development is actively underway. Such signs should set back no less than ten (10) feet 33 from any property line. 34 35 36 37 38 (1) Construction fence signs. Signs on temporary protective fencing erected 39 around a site at which demolition or construction is being carried on shall be allowed, 40 subject to the following requirements: 41 42 (1) Other than safety information required or permitted by law or 43 regulation, signs shall display only information directly related to the 44 use or structure under construction or to be constructed after 45 demolition, and shall not display any other information, business or 46 advertising messages, including, without limitation, signage allowed 47 by subsection (g); 48 49 (2) Signs consisting of banners, wraps or similar material shall be 50 securely affixed to the fence on which they are located, and any 51 portions of a sign that become partially detached shall be promptly 52 re -affixed to the fence; and 53 54 (3) Signs and the fencing to which they are affixed shall be maintained 55 in good condition at all times and graffiti or other forms of 56 defacement shall be removed or repaired promptly, 57 58 59 COMMENT 60 61 The amendments in subsection (1) allow signs on construction fences and set forth 62 restrictions and requirements pertaining to such signs. Such signs are distinguished from 63 "construction signs" described in subsection (g), which is set forth for reference purposes. 64 65 66 Adopted by the Council of the City of Virginia Beach, Virginia, on the 67 7th day of October , 2014 APPROVED AS TO CONTENT: Plan ing De artment CA -13094 August 26, 2014 R-1 APPROVED AS TO LEGAL SUFFICIENCY: )// City Attorney's 0 ice 2 Item #11 City of Virginia Beach — Construction Fence Signs An Ordinance to amend Section 211 of the City Zoning Ordinance pertaining to Signage on Construction Fences September 10, 2014 CONSENT An Ordinance to Amend Section 211 of the City Zoning Ordinance, Pertaining to Signage on Construction Fences A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 11. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 11 by consent. Karen Lasley, Zoning Administrator, appeared before the Commission. -79 - ITEM VI -K APPOINTMENTS ITEM #64218 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: CHESAPEAKE BAY PRESERVATION BOARD Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 -80 - ITEM VI -K APPOINTMENTS ITEM #64219 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: HARRY R. PURKEY, JR. Unexpired term thru 12/31/2016 BOARD OF ZONING APPEALS Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 -81 - ITEM VI -K APPOINTMENTS ITEM #64220 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Voting: CAPTAIN LAURA KAISER LIEUTENANT DOUG EVINS DR. ELIZABETH KINNISON ANGELA M. HICKS MARYANNE RICHARDS LARISSA SUTHERLAND SHARON JONES THOMAS CAHILL COREY BURDIN TONI FOX PATRICK CONNOLLY CARTER MCKAY 9-0 Police, Detective Bureau Police, Detective Bureau Tidewater Medical Examiner's Office DHS Mental Health & Substance Abuse Division /Crisis Management Child Protective Services Samaritan House Virginia Beach Community Corrections and Pretrial Virginia Beach Office of the Magistrate Office of the Commonwealth's Attorney Victim Witness Office Navy Fleet & Family Support Center, NAS Oceana Office of the Commonwealth's Attorney CHKD Child Abuse Program No Term DOMESTIC VIOLENCE FATALITY REVIEW TEAM Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 -82- ITEM VI -K APPOINTMENTS ITEM #64221 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: JOHN UHRIN, Alternate Two Year Term 07/01/2014-06/30/2016 BRIAN SOLIS, Alternate Unexpired term thru 06/30/2015 plus Two Year Term 07/01/2015 — 06/30/2017 TIDEWATER DISTRICT COMMISSION OF HAMPTON ROADS Voting: 9-0 Council Members Voting Aye: Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 -83 - ITEM VI -K APPOINTMENTS ITEM #64222 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: PASTOR TERRON M. RODGERS Unexpired Term plus Four Year Term thru 12/31/2019 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Amelia N. Ross -Hammond Rosemary Wilson October 7, 2014 -84 - Item -VI-N ADJOURNMENT ITEM #64223 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:15 P.M. Amanda Finley -Barnes, CMC Chief Deputy City Clerk Ru Hodges Fraser, MMC William D. Sessoms, Jr. ity Clerk Mayor City of Virginia Beach Virginia October 7, 2014 -85 - PUBLIC DIALOGUE Christine Ross, 205 Corvette Lane, Phone: 905-0265, requested the City close the Abortion Clinics within the City by rezoning the properties, buying the buildings where they operate and/or declaring the clinics as "dangerous nuisances ". William Bailey, 644 Edwin Drive, Phone: 288-5761, requested support of the "Firefighters Filling the Boot " fundraiser for Multiple Dystrophy. This fundraiser has been taking place nationwide for over sixty (60) years. Virginia Beach Firefighters have participated in this fundraiser since 1998. The volunteers are giving of their time (no one is on duty) and all of the monies raised is used for the children in Virginia Beach. Chesapeake City Firefighters, while on duty, participated for two weekends and raised over $110,000. The Firefighters Association is willing to pay for any type of permit needed, in fact, they are willing to do whatever it takes to help raise money for these children. Mike Sawyer, 1100 Glenside Drive, Phone: 467-1566, is a 25 year resident, along with his 12 year old son Samuel, who suffers from Spinal Muscular Atrophy. Mr. Sawyer advised his family receives a tremendous amount of support from the Multiple Dystrophy Associations and the local clinic at the Children's Hospital of the Kings Daughters, the local MDA Summer camp. The biggest sponsor of the MDA is the International Association of Firefighters thru "Fill the Boot" fundraiser. He was surprised to learn Virginia Beach Firefighters have not been allowed to participate in the last few years. The Ordinance that limits solicitation in roadways has prevented the Firefighters from supporting MDA. All neighboring cities participate in this fundraising effort. Mr. Sawyer requested the Ordinance be amended to require a permit process and allow our local Firefighters to support the special needs children in Virginia Beach. The Public Dialogue re Non Agenda Items concluded at 6:21 P.M. October 7, 2014 -84 - hem -VI-N ADJOURNMENT ITEM #64223 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:15 P.M. Amanda Finley -Barnes, CM Chief Deputy City Clerk uth Hodges raser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor October 7, 2014