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JUNE 16, 2015 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 14G1N "BE4c6 MAYOR WILLIAM D.SESSOMS,JR.,At-Large ems- -••._ VICE MAYOR LOUIS R.JONES,Bayside-District 4 M.BENJAMIN DAVENPORT,At Large 0 2 ',? r ROBERT M.DYER,Centerville-District 1 ,) ' BARBARA M.HENLEY,Princess Anne-District 7 C* c4 „*` / Y SHANNON DS KANE,Rose Hall District 3 0 •, .^,, ? JOHN D.MOSS,At Large �9"*sF y 0? AMELIA ROSS-HAMMOND,Kempsville-District 2 of o o JOHN E.UNPIN,Beach-District 6 ROSEMARY WILSON,At-Large JAMES L. WOOD,L_vnnhaven-District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER-JAMES K.SPORE CITY A7TORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-JERALD D.BANAGAN FAX(757)385-5669 CITYAUDITOR-LYNDON S.REMIAS 16 June 2015 E-MAIL:Ctycncl@vbgov.com CITY CLERK-RUTH HODGES FRASER,MMC VICE MAYOR LOUIS JONES PRESIDING I. CITY COUNCIL COMMENTS - Conference Room- 5:00 PM II. CITY COUNCIL AGENDA REVIEW III. INFORMAL SESSION - Conference Room- 5:30 PM A. CALL TO ORDER—Vice Mayor Louis Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION IV. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Vice Mayor Louis Jones B. INVOCATION: Reverend Robert J. Randall, Jr. Rector Old Donation Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 2, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. PARKS AND RECREATION MONTH—July 2015 Michael Kalvort, Director of Parks and Recreation I. PUBLIC HEARINGS 1. LEASE OF CITY-OWNED PROPERTY a. 616 North Great Neck Road 2. Proposed Property Tax Exemptions a. Bellissima, Inc b. Connect with a Wish,Inc c. Twunami Softball Corporation d. Urban League of Hampton Roads, Inc. J. ORDINANCES/RESOLUTION 1. Ordinances to DESIGNATE certain real property as TAX EXEMPT: a. Bellissima, Inc. b. Connect With a Wish, Inc. c. Tsunami Softball Corporation d. Urban League of Hampton Roads, Inc. 2. Ordinances to AMEND the City Code: a. Section 2-5 and 8-91 re duties of the Historic Preservation Commission b. Sections 6-136, 6-138, 6-139, 6-151, 6-152 and 6-154 and DELETE Section 6-153 re permits to construct, alter or repair landings, docks and similar structures and permits for dredging,filling, etc., in waters, marshlands and lowlands c. ADD Section 33-113.2 re waterway encroachments in Special Service Districts (SSD) 3. Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE: a. A Management Agreement with Tidewater Tennis Center, Inc. re operation and management of Owl Creek Tennis Center b. A Lease between T-Mobile and the City re telecommunications at 616 North Great Neck Road DISTRICT 6—BEACH 4. Ordinance to APPOINT three (3) Viewers re proposed streets closures. 5. Resolution to RE-NAME the City-owned building at 256-258 North Witchduck Road from "The Collier Building to "Human Services Witchduck Annex" DISTRICT 4 - BAYSIDE 6. Ordinances re City Appointee Compensation for FY 2015-16: a. City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor e. City Auditor 7. Ordinances to AMEND: a. The FY 2014-15 Operating Budget re Department of Housing and Neighborhood Preservation 1. $145,088 - TRANSFER of Community Development Block Grant CDBG funds 2. $ 25,402—REDUCE appropriations for the CDBG re decreased revenue 3. $100,000—CORRECT appropriation re "program income" to "federal revenue" b. The Project Scope to EXPAND the "Commonwealth's Attorney Build-Out of Judicial Center" and TRANSFER $102,291 from FY 2014/15 Commonwealth's Attorney Federal/State Seized Assets Special Revenue Fund to complete renovations 8. Ordinances to ACCEPT,APPROPRIATE re Human Services : a. $1,791 FY 2015 Grant Funds from the Virginia Department of Criminal Justice Services b. $100,730 in State revenue and $18,744 local match re additional positions K. PLANNING 1. MCQ BUILDERS, LLC and B.H. VINELAND, LLC for a Change in Non-Conformity at 1046 and 1050 Old Dam Neck Road and 1037 Dam Neck Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. CHECKERED FLAG STORE #5 and CHECKERED FLAG MOTOR CAR COMPANY for a Modification of Proffers of a Conditional Zoning (approved October 24, 2006) and a Modification of Conditions of a Conditional Use Permit (approved May 23, 1988 and modified October 24, 2006) re an addition to the existing building at 5225 Virginia Beach Boulevard DISTRICT 2 —KEMPSVILLE RECOMMENDATION: APPROVAL 3. RIO LYNNHAVEN, LLC and LYNNHAVEN INVESTMENTS, LLC for a Modification of Conditions (approved November 17, 1980 and Modified July 14, 1998) re a car wash at 1108 Lynnhaven Parkway DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 4. KINGS GRANT BAPTIST CHURCH for a Conditional Use Permit re an open air market at 873 Little Neck Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 5. GREYSTAR GP II, LLC and THE TERRY COMPANIES FIVE, LLC for a Conditional Use Permit re housing for seniors and disabled persons between Shore Drive and Ocean Shore Avenue at Cherry Tree Place DISTRICT 5 - LYNNHAVEN RECOMMENDATION: APPROVAL 6. CITY OF VIRGINIA BEACH Ordinances to: a. REFERENCE the Green Sea Blueway and Greenway Management Plan as a component of the Comprehensive Plan b. AMEND Section 801 of the City Zoning Ordinance(CZO) to ALLOW Veterinary establishments as a permitted use in the Office Districts RECOMMENDATION: APPROVAL L. APPOINTMENTS ARTS and HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD—CSB HUMAN RIGHTS COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD TIDEWATER COMMUNITY COLLEGE BOARD TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. 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 ******************************* II -1- m10-at�:Lfi k4,.4.f .vyy VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 16, 2015 Acting Mayor Louis R. Jones, called to order City Council's Briefing, in the City Council Conference Room, Tuesday, June 16, 2015, at 5:00 P.M. Council Members Present: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. City's meeting re perspective Economic Development Rosemary Wilson Vacation June 16, 2015 -2- CITY COUNICL COMMENTS ITEM#64930 5:00 P.M. Acting Mayor Jones advised the City was named 3'1 in "WalletHub" 2015's Best and Worst Cities for Families. June 16, 2015 -3- CITY COUNCIL COMMENTS ITEM#64931 Acting Mayor Jones congratulated Council Lady Ross-Hammond on her upcoming retirement from Norfolk State University. Council Lady Ross-Hammond has been with Norfolk State for the past eighteen (18)years but has been teaching for forty-five (45)years. June 16, 2015 II -4- CITY COUNCIL COMMENTS ITEM#64932 Councilman Moss advised that he, Council Lady Ross-Hammond and Councilman Davenport recently, and most importantly, separately met with the African American Political Action Committee. One of the concerns we each repeatedly heard is the need for a Disparity Study. Since the City has never had this Study, there is no legal basis for moving beyond the voluntary educational programs offered. The Supreme Court requires a statistical basis baseline to work from. Per that Ruling, the City can only do the least restrictive things necessary in order to achieve the Disparity found. Once the baseline is established, it must be measured again in 3-5 years and then, should there be Disparity, look to see if the City can legally, in compliance with the Judicial Standard, do something more to reduce the Disparity. Councilman Moss suggested the Minority Business Council could possibly bring something forward for City Council's consideration. Also,from the meetings, it appears to the group that when the City writes a RFP, there is a bias that precludes Minority firms from qualifying. Also, the City does not have an independent review process of the language within the RFP's. The African American Political Action Committee does not feel the evaluation process is transparent. He expressed his appreciation to Council Lady Ross-Hammond and City Manager Spore for providing the documentation for Staff's work. Interestingly, some people do not show up for the "de-brief'. Lastly, they advised there is no independent review once the award is given. He requested the City Manager take a look and come back and provide ideas for the City to have an Independent Review. Council Lady Ross-Hammond echoed Councilman Moss' concerns. She attended the Minority Business Council Retreat and they have begun working on this very issue. Councilman Davenport also felt the meetings were most productive. An architect from Wendell Green shared his story of going thru the RFP process and mentioned the price of preparing a RFP is difficult, especially for a small firm. Councilman Dyer assured the City has been proactively moving forward in this direction. The accomplishments made to-date just have not been made public. The Disparity Study will be costly but will only verify the things we already know. The Process Improvement Steering Committee, Small Business Task Force, is currently looking for solutions to the type of problems mentioned. He does feel there is a major disconnect with the education and process of responding to a RFP. He advised there are strategies to help contractors apply and properly respond to these types of requests. The Small Business Task Force is looking at the existing barriers for start-up and/or expanding businesses and will establish a team to come up with real solutions to break these barriers. The goal is to become the most "business welcoming"City in the Commonwealth. We will do this by creating a pipeline for any "SWAM"business to have opportunities for success. June 16, 2015 II -5- CITY COUNCIL COMMENTS ITEM#64932 (Continued) Councilman Moss agreed a Disparity Study will most likely confirm what is already known; however, if a Disparity Study is not done the City will still be in the same place. He feels the City needs to recognize that without that basis the City will not be in a position to do anything legally. He feels the City has an opportunity to make it better and shows the need to do the homework. Councilman Moss suggested discussing this further at the upcoming Retreat. Council Lady Ross-Hammond agrees with the comments made and advised there is a SWAM Forum on September 30`''at TCC and she encouraged everyone to attend. June 16, 2015 -6- CITY COUNCIL COMMENTS ITEM#64933 Councilman Moss received a copy of the letters from the Commonwealth of Virginia regarding the Audit on Pendleton from the City Auditor. He advised the letters were forwarded to the City Manager's Office last year. Councilman Moss wants to discuss this issue at the appropriate time during a future "Closed Session". June 16, 2015 -7- CITY COUNCIL COMMENTS ITEM#64934 Councilman Moss requested the City's Lobbyists provide an assessment on the regional economic impact regarding the Appropriations Bill as it appears we will be under a five (5) month Continuing Resolution. June 16, 2015 -8- CITY COUNCIL COMMENTS ITEM#64935 Councilman Davenport advised he toured Charlotte's Light Rail and the Transit Oriented Development last week . He expressed his appreciation to Charlotte's Mayor Clodfelter and Council Lady Lyles for their hospitality. The Transit Oriented Development that has occurred around their Light Rail Line is nothing short of unbelievable. June 16, 2015 -9- AGENDA REVIEW SESSION 5:18 P.M. ITEM#64936 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTION 1. Ordinances to DESIGNATE certain real property as TAX EXEMPT: a. Bellissima, Inc. b. Connect With a Wish, Inc. c. Tsunami Softball Corporation d. Urban League of Hampton Roads, Inc. 2. Ordinances to AMEND the City Code: a. Section 2-5 and 8-91 re duties of the Historic Preservation Commission b. Sections 6-136, 6-138, 6-139, 6-151, 6-152 and 6-154 and DELETE Section 6-153 re permits to construct, alter or repair landings, docks and similar structures and permits for dredging,filling, etc., in waters, marshlands and lowlands c. ADD Section 33-113.2 re waterway encroachments in Special Service Districts 3. Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE: a. A Management Agreement with Tidewater Tennis Center, Inc. re operation and management of Owl Creek Tennis Center b. A Lease between T-Mobile and the City re telecommunications facilities at 616 North Great Neck Road 4. Ordinance to APPOINT three (3) Viewers re view streets or alleys proposed for closure 5. Resolution to RE-NAME the City-owned building at 256-258 North Witchduck Road from "The Collier Building to `Human Services Witchduck Annex" 6. Ordinances re City Appointee Compensation for FY 2015-16: a. City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor e. City Auditor 7. Ordinances to AMEND: a. The FY 2014-15 Operating Budget re Department of Housing and Neighborhood Preservation: 1. $145,088- TRANSFER of Community Development Block Grant(CDBG)funds 2. $ 25,402—REDUCE appropriations for the CDBG re decreased revenue 3. $100,000—CORRECT appropriation re `program income"to `federal revenue" b. The Project Scope to EXPAND the "Commonwealth's Attorney Build-Out of Judicial Center"and TRANSFER $102,291 from FY 2014/15 Commonwealth's Attorney Federal/State Seized Assets Special Revenue Fund to complete renovations 8. Ordinances to ACCEPT,APPROPRIATE re Human Services: a. $1,791 FY 2015 Grant funds from the Virginia Department of Criminal Justice Services b. $100,730 in State revenue and$18,744 local match re additional positions COUNCILMAN MOSS WILL VOTE A VERBAL NAY ON ITEMS 6a/b/c/d/e June 16, 2015 -10- AGENDA REVIEW SESSION ITEM#64936 (Continued) BY CONSENSUS, the following shall compose the CONSENT AGENDA: K. PLANNING 1. MCQ BUILDERS, LLC and B.H. VINELAND, LLC for a Change in Non-Conformity at 1046 and 1050 Old Dam Neck Road and 1037 Dam Neck Road DISTRICT 7—PRINCESS ANNE 2. CHECKERED FLAG STORE #5 and CHECKERED FLAG MOTOR CAR COMPANY for a Modification of Proffers of a Conditional Zoning (approved October 24, 2006) and a Modification of Conditions of a Conditional Use Permit (approved May 23, 1988 and modified October 24, 2006)re an addition to the existing building at 5225 Virginia Beach Boulevard DISTRICT 2—KEMPSVILLE 3. RIO LYNNHAVEN, LLC and LYNNHAVEN INVESTMENTS, LLC for a Modification of Conditions (approved November 17, 1980 and Modified July 14, 1998) re a car wash at 1108 Lynnhaven Parkway DISTRICT 3—ROSE HALL 4. KINGS GRANT BAPTIST CHURCH for a Conditional Use Permit re an open air market at 873 Little Neck Road DISTRICT 5—LYNNHAVEN 5. GREYSTAR GP II, LLC and THE TERRY COMPANIES FIVE, LLC for a Conditional Use Permit re housing for seniors and disabled persons between Shore Drive and Ocean Shore Avenue at Cherry Tree Place DISTRICT 5-LYNNHAVEN 6. CITY OF VIRGINIA BEACH Ordinances to: a. REFERENCE the Green Sea Blueway and Greenway Management Plan as a component of the Comprehensive Plan b. AMEND Section 801 of the City Zoning Ordinance (CZO) to ALLOW Veterinary establishments as a permitted use in the Office Districts ITEM#1 WILL BE CONSIDERED SEPARATELY COUNCILMAN DAVENPORT WILL ABSTAIN ON ITEM#1 June 16, 2015 -11- ITEM#64937 Acting Mayor Jones entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A)(1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees Appointees Evaluations and Salaries: City Manager, City Attorney, City Clerk, City Real Estate Assessor and City Auditor June 16, 2015 -12- ITEM#64937 (Continued) Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council voted to proceed into CLOSED SESSION at 5:23 P.M. Voting.• 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Shannon DS Kane, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. Rosemary Wilson (Closed Session 5:23 P.M. - 5:45P.M.) June 16, 2015 -13- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL June 16, 2015 6:00 P.M. Acting Mayor Louis R. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, June 16, 2015, at 6:00 P.M Council Members Present: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. City's meeting re perspective Economic Development Rosemary Wilson Vacation INVOCATION: Reverend Robert J. Randall, Jr. Rector—Old Donation Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED,for many years, he served on the Board of Directors of Resource Bank. Three (3)years ago, Fulton Financial Corporation ("Fulton Financial')purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. June 16, 2015 -14- Item—IV-E CERTIFICATION ITEM#64938 Upon motion by Councilman Dyer, seconded by Council Lady Kane, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 I if„ z -7- 2—,:a 's;. S S OF ONR N0' 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#64937 Page 12, 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. th Hodges Fraser,MMC City Clerk June 16,2015 -15- Item-IV-F MINUTES ITEM#64939 Upon motion by Councilman Moss, seconded by Council Lady Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of June 2, 2015. Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 -16- ADOPT AGENDA FOR FORMAL SESSION ITEM#64940 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION June 16, 2015 -17- Item IV—H1 MAYOR'S PRESENTATION ITEM#64941 PARKS and RECREATION MONTH—July 2015 Acting Mayor Jones introduced Michael Kalvort, Director — Parks and Recreation, and presented a Proclamation declaring July 2015 "Parks and Recreation Month". Acting Mayor Jones encouraged all citizens, city members and civic organizations to join him in supporting the City's Parks and Recreation programs by visiting a community recreation center,park or other natural area. Mr. Kalvort expressed his appreciation to City Council for their continued support of Parks and Recreation. June 16, 2015 f'��s4 . alai L� S S`,.- DUR NAT:: v 1rndanudinn Whereas: Parks and recreation programs are an integral part of the City of'Virginia Beach with 265 parks and park facilities,seven community recreation centers,7,050 acres of parkland and open space;and 'Whereas: Eighty-three percent of the community resides within a half-mile commute to a park;and Whereas: Parks and recreation programs are vitally important to establishing and maintaining the quality of Cafe in our community, ensuring the health of all citizens, programming active and passive activities for citizens, and contributing to the economic ant environmentalwe(l-being of our community;and Whereas: Parks and recreation is an integral part of Envision'Virginia Beach 2040 and contributes to the achievement of the goals in the Sustainability Plan;and Whereas: Parks and recreation programs provide therapeutic recreation and inclusion services for individuals with cognitive or physical needs;and Whereas: The Parks and 12ecreation Department is the largest youth development provider in the city serving over 8,800 children annual-5;and 'Whereas: Parks and recreation programs increase a community's economic prosperity through increased property values, increased tourism,the attraction and retention of businesses,and crime reduction;and Whereas: Parks and natural areas improve water quality,improve the quality of the air we breathe,and produce habitat for wihffife;and Whereas: Parks and-Recreation supports the'Urban'Forest Management Plan;and Whereas: Parks and natural areas and open space ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors;and Whereas: The Trust forPublic Land recently ranked'Virginia Beach as the 10th best parksystem nationally;and Whereas: 'The Parks and Recreation Department is a CAMAccredited agency. Now,Therefore,I,William D.Sessoms,jr,Mayor of the City of Virginia Beach,do hereby Proclaim: July 2015 Parks and-Recreation Month In 'Virginia(Beach, and I encourage aff citizens, city members and civic organizations to join me in supporting our Parks and 'Recreation programs by visiting a community recreation center,parkor other natural area. In'Witness Whereof I have hereunto set my hand and caused the Officia(Seal of the City of'Virginia Beach,'Virginia,to 6e affixed this Sixteenth day ofJune,Two Thousand'F f een. .a PA-t I Je-m-ey, r „.„,,,,_,_:,.,„„,,,,,_,,,,,,,_.„,,;,,„„:„_ --. 'William ID Sessoms,Jr. Mayor -18- Item IV—H.la. PUBLIC HEARING ITEM#64942 Acting Mayor Jones DECLARED A PUBLIC HEARING: LEASE OF CITY-OWNED PROPERTY a. 616 North Great Neck Road There being no speakers, Acting Mayor Jones CLOSED THE PUBLIC HEARING. June 16, 2015 -19- Item IV—H.2a.b.c.d PUBLIC HEARING ITEM#64943 Acting Mayor Jones DECLARED A PUBLIC HEARING: PROPOSED PROPERTY TAX EXEMPTIONS a. Bellissima, Inc b. Connect with a Wish, Inc c. Tsunami Softball Corporation d. Urban League of Hampton Roads, Inc. There being no speakers, Acting Mayor Jones CLOSED THE PUBLIC HEARING. June 16, 2015 -20- Item -IV-J ORDINANCES/RESOLUTION ITEM#64944 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, Agenda Items la/b/c/d, 2a/b/c, 3a/b, 4, 5, 6a/b/c/d/e (MOSS VERBAL NAY), 7t (1/2/3)/b and 8a/b. Voting: 9-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 -21- Item -IV-J.1 a ORDINANCES/RESOLUTION ITEM#64945 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE certain real property as TAX EXEMPT: a. Bellissima, Inc. Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John E. Uhrin and James L. Wood Council Members Absent.• Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 1 AN ORDINANCE TO DESIGNATE BELLISSIMA, INC. AS 2 BEING EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 5 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 6 exemption from local real and personal property taxes to Bellissima, Inc.; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach,Virginia, hereby designates Bellissima, 12 Inc. as a charitable organization within the context of§6(a)(6) of Article X of the Constitution of 13 Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That real and personal property owned by Bellissima, Inc. located within the City of 16 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 17 exempt from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Bellissima, Inc. for exclusively charitable 22 purposes; 23 24 (b) that each July 1, Bellissima, Inc. shall file with the Commissioner of the Revenue 25 a copy of its most recent federal income tax return, or if no such return is 26 required, it shall certify its continuing tax exempt status to the Commissioner of 27 the Revenue; 28 29 (c) that every three years, beginning on January 1, 2019, Bellissima, Inc. shall file an 30 exemption application with the Commissioner of the Revenue as a requirement 31 for retention of the exempt status of the property; and 32 33 (d) that Bellissima, Inc. cooperate fully with the Commissioner of the Revenue with 34 respect to audit of its financial records, compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2016. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of June , 2015. Requires an affirmative vote of three-fourths of the members of the City Council. APPRO ED AS TO CONTENT: APPROVED AS TO LEGAL SUFFtCMFNCY: a' 14 / Co missioner ."th_ Revenue City At • prey s Office CA13335/ R-1 /April 3, 2015 -22- Item-IV-J.lb ORDINANCES/RESOLUTION ITEM#64946 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE certain real property as TAX EXEMPT: b. Connect With a Wish, Inc. Voting.• 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 II 1 AN ORDINANCE TO DESIGNATE CONNECT WITH A 2 WISH, INC. AS BEING EXEMPT FROM REAL AND 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to Connect With a Wish, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Connect 13 With a Wish, Inc. as a charitable organization within the context of§ 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Connect With a Wish, Inc. located within 17 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Connect With a Wish, Inc. for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Connect With a Wish, Inc. shall file with the Commissioner of 26 the Revenue a copy of its most recent federal income tax return, or if no such 27 return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2019, Connect With a Wish, Inc. 31 shall file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that Connect With a Wish, Inc. cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records, compliance with the terms 36 of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2016. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of June , 2015. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPR.QVED AS TO LEGAL SU1=FICIE \CY: 1 L. '4,66t / Commissioner • the Revenue y_A .rney's Office CA13284/R-1/February 19, 2015 -23- Item -IV-J.l c ORDINANCES/RESOLUTION ITEM#64947 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE certain real property as TAX EXEMPT: c. Tsunami Softball Corporation Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 1 AN ORDINANCE TO DESIGNATE TSUNAMI SOFTBALL 2 CORPORATION AS BEING EXEMPT FROM REAL AND 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to Tsunami Softball Corporation; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Tsunami 13 Softball Corporation as a charitable organization within the context of§6(a)(6)of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Tsunami Softball Corporation located 17 within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 18 basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Tsunami Softball Corporation for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Tsunami Softball Corporation shall file with the Commissioner of 26 the Revenue a copy of its most recent federal income tax return, or if no such 27 return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2019, Tsunami Softball 31 Corporation shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property; and 33 34 (d) that Tsunami Softball Corporation cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records, compliance with the terms 36 of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2016. 16th Adopted by the Council of the City of Virginia Beach, Virginia, on the day of June , 2015. Requires an affirmative vote of three-fourths of the members of the City Council. APP' 1 • D AS TO CONTENT: :A15PROV AS TO LEGAL SUFFICIENCY: * ' i 41 Co missionel•f Elie Revenue City A % ►-. - Office CA13336/ R-1 / ' •ril 3, 2015 -24- Item -IV-11d ORDINANCES/RESOLUTION ITEM#64948 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE certain real property as TAX EXEMPT: d. Urban League of Hampton Roads, Inc. Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. Rosemary Wilson June 16, 2015 1 AN ORDINANCE TO DESIGNATE URBAN LEAGUE OF 2 HAMPTON ROADS, INC. AS BEING EXEMPT FROM REAL 3 AND PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to Urban League of Hampton Roads, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Urban 13 League of Hampton Roads, Inc. as a charitable organization within the context of§ 6(a)(6) of 14 Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Urban League of Hampton Roads, Inc. 17 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 18 nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Urban League of Hampton Roads, Inc. for 23 exclusively charitable purposes; 24 25 (b) that each July 1, Urban League of Hampton Roads, Inc. shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2019, Urban League of Hampton 31 Roads, Inc. shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property; and 33 34 (d) that Urban League of Hampton Roads, Inc. cooperate fully with the 35 Commissioner of the Revenue with respect to audit of its financial records, 36 compliance with the terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2016. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of June , 2015. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Al4 . 40111— Commissione nr he Revenue City A .f ey's Office CA13285/R-1/February 19, 2015 -25- Item-IV-J.2a ORDINANCES/RESOLUTION ITEM#64949 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED,BY CONSENT, Ordinance to AMEND the City Code: a. Section 2-5 and 8-91 re duties of the Historic Preservation Commission Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. Rosemary Wilson June 16, 2015 1 AN ORDINANCE TO AMEND SECTIONS 2-5 2 AND 8-91 OF THE CITY CODE PERTAINING 3 TO THE DUTIES OF THE HISTORIC 4 PRESERVATION COMMISSION 5 6 Sections Amended: City Code §§ 2-5 and 8-91 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 2-5 and 8-91 of the City Code are hereby amended and 12 reordained to read as follows: 13 14 Chapter 2 ADMINISTRATION 15 16 ARTICLE I. IN GENERAL 17 18 . . . . 19 20 Sec. 2-5. Historic preservation commission. 21 22 (a) There is hereby created the Virginia Beach Historic Preservation 23 Commission for the purpose of advising city council and the departments of museums 24 and historic resources and planning on all issues related to the preservation of historic 25 buildings, structures, and sites located in the City of Virginia Beach. Such advice shall 26 include, but not be limited to: (1) the terms pursuant to which historic properties are 27 acquired, leased, utilized or sold by the city, arid (2) the need for, and criteria for 28 designation of, historic and cultural overlay districts in certain areas of the city and (3) to 29 approve or deny applications for inclusion on the Virginia Beach Historical Register. The 30 mission of the commission shall be to preserve, protect and maintain the historic identity 31 of Virginia Beach and the former Princess Anne County through a program of advocacy 32 and increased public awareness and involvement. 33 34 . . . . 35 36 COMMENT 37 38 This amendment adds the responsibility to approve or deny applications for the Virginia 39 Beach Historical Register to the historic preservation commission. 40 41 Chapter 8 BUILDINGS AND BUILDING REGULATIONS 42 43 . . . . 44 45 ARTICLE IV. VIRGINIA BEACH HISTORICAL REGISTER 46 47 Sec. 8-91. Establishment; standards and procedures for inclusion. 48 49 (a) There is hereby established the Virginia Beach Historical Register (the 50 "register") of buildings, other structures and sites located within the city. The register 51 shall be maintained by the department of museums and cultural arts planning. 52 53 (b) Inclusion on the register shall be voluntary and shall impose no mandatory 54 requirements upon the property or the owners thereof. The removal of a property from 55 the register shall be granted upon request of the owner of such property. 56 57 (c) Applications for inclusion on the register shall be made to the director of 58 - - - - -- - - - - planning or his designee, who shall review the information 59 provided in such applications and shall report thereon to the historical review board 60 historic preservation commission; provided, however, that buildings, other structures 61 and sites listed on the National Register of Historic Places or on the Virginia Landmarks 62 Register shall be included on the register upon request of the owner without referral to 63 the historic preservation commission. 64 65 (d) The historical review board historic preservation commission shall approve 66 or deny applications within one hundred twenty (120) days from the date of submittal, 67 and shall base its decision upon the following standards: 68 69 (1) The property's association with significant events in the history and 70 development of the city; 71 72 (2) The property's association with persons who have made important 73 contributions to the history of the city; 74 75 (3) The extent to which the property embodies principal or distinctive features 76 of an architectural style that represents a specific period in the history of 77 the city; 78 79 (4) Whether the property has yielded or is likely to yield artifacts and other 80 materials important to understanding the city's historical background and 81 context; and 82 83 (5) The age of the property, which shall, absent exceptional historic value, be 84 no less than fifty (50) years. 85 86 (e) The director shall review each property on the register every ten (10) 87 years and shall determine whether such property continues to meet the standards for 88 inclusion on the register. In the event a property no longer, in the opinion of the director, 89 meets such standards, the director shall refer the property to the historical review board 90 historic preservation commission, which shall review the recommendation of the director 91 and shall either continue or remove the property from the register. 92 93 2 94 COMMENT 95 96 This amendment moves the responsibility for the Virginia Beach Historical Register from 97 the department of museums and historic resources to planning and from the historical review 98 board to the historic preservation commission. 99 16th Adopted by the Council of the City of Virginia Beach, Virginia, on the day of June , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning epartment di/Le( #teej. City ttorney's Office APPROVED AS TO CONTENT: 46. ( 1 _�S Museeums and Historic Resources Department CA 13354 R-2 May 7, 2015 3 -26- Item -IV-J.2b ORDINANCES/RESOLUTION ITEM#64950 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: b. Sections 6-136, 6-138, 6-139, 6-151, 6-152 and 6-154 and DELETE Section 6-153 re permits to construct, alter or repair landings, docks and similar structures and permits for dredging,filling, etc., in waters, marshlands and lowlands Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. Rosemary Wilson June 16, 2015 1 AN ORDINANCE TO AMEND SECTIONS 6-136, 2 6-138, 6-139, 6-151, 6-152 AND 6-154 OF THE 3 CITY CODE AND REPEAL SECTION 6-153 4 PERTAINING TO PERMITS TO CONSTRUCT, 5 ALTER OR REPAIR LANDINGS, DOCKS AND 6 SIMILAR STRUCTURES AND PERMITS FOR 7 DREDGING, FILLING, ETC., IN WATERS, 8 MARSHLANDS AND LOWLANDS 9 10 SECTIONS AMENDED: City Code §§ 6-136, 6-138, 6-139, 6- 11 151, 6-152 and 6-154 12 SECTION REPEALED: City Code § 6-153 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Sections 6-136, 6-138, 6-139, 6-151, 6-152 and 6-154 of the City Code are 18 hereby amended and reordained to read as follows and Section 6-153 is hereby 19 repealed: 20 21 ARTICLE VI. PERMIT TO CONSTRUCT, ALTER OR REPAIR LANDINGS, DOCKS 22 AND SIMILAR STRUCTURES 23 24 Sec. 6-136. Required. 25 26 It shall be unlawful for any person to build, erect, construct, alter, extend or repair 27 any landing, wharf, dock, pier, bulkhead, jetty or like structure in the waters, adjacent 28 marshlands and lowlands in the city, without a permit therefor. Any 29 person failing or refusing to obtain such permit shall be guilty of a Class 1 30 misdemeanor. 31 32 COMMENT 33 34 The revisions in this section of the ordinance are housekeeping and provide a better 35 understanding of the provisions of the ordinance. 36 37 . . . . 38 39 40 41 II 42 Sec. 6-138. Fee. 43 44 The application processing fee for a permit required by this article shall be one 45 hundred dollars ($100.00). The fee for a building permit required by this article shall be 46 based on the cost of the construction as provided in section 8-31 (a) of the City Code. 47 48 COMMENT 49 50 The revisions in this section of the ordinance are provide a clearer understanding of the 51 separate fees required. 52 53 Sec. 6-139. Issuance. 54 55 The planning director or his designee shall review an application filed under this 56 article and if, in his opinion, the proposed structure does not encroach upon the rights of 57 others, the water or watercourses are not obstructed and the structure in question 58 conforms to the area and is built in accordance with accepted practices, he shall 59 approve the issuance, by the department of planning , of the permit applied 60 for. 61 62 . . . . 63 64 COMMENT 65 66 The revisions in this section of the ordinance are housekeeping and the department of 67 planning is now the permit issuing authority, rather than the department of public works. 68 69 70 ARTICLE VII. PERMIT FOR DREDGING, FILLING, ETC., IN WATERS, 71 MARSHLANDS AND LOWLANDS. 72 73 Sec. 6-151. Required. 74 75 It shall be unlawful for any person to dredge or carry on any landfill operation or 76 to extend any existing real estate into waters, marshlands or lowlands in the city, 77 without g a permit therefor. Any person failing or refusing to obtain such a 78 permit shall be guilty of a Class 1 misdemeanor. 79 80 COMMENT 81 82 The revisions in this section of the ordinance are housekeeping and provide a better 83 understanding of the provisions of the ordinance. 2 84 85 Sec. 6-152. Application. 86 87 Any person desiring a permit required by this article shall file an application 88 therefor with the department of planning. Plans accompanying such applications shall 89 be prepared, stamped and endorsed by such qualified professional licensed to practice 90 in the Commonwealth of Virginia as the planning director may require; provided, 91 however, that this requirement may be waived if, in the judgment of the planning 92 director, the nature of the work to be performed renders it unnecessary. 93 94 COMMENT 95 96 The revisions in this section of the ordinance are housekeeping and provide a better 97 understanding of the provisions of the ordinance. 98 99 . . . . 100 101 Sec. 6-153. . Reserved. 102 103 ' - -- -' -- - - - - - - - - -- - .- - - - -- - -- 104 A bond or given other surety, approved by the director, ensuring strict compliance with 105 -- - .. _ .- _- .. . - - - - - - - -e -- - - - :. _. . .. - - - - - - - 106 part thereof. 107 108 COMMENT 109 110 This section has been deleted. Bonds for such small projects are burdensome and 111 ineffective. 112 113 Sec. 6-154. Issuance; conditions of permit; revocation. 114 115 (a) Upon the approval; by the director of planning; or his designee of an 116 application for a permit under this article the permit shall be issued by the department of 117 planningpublic-weeks, 118 119 (b) In issuing or renewing a permit pursuant to this article, the planning 120 director or his designee may require, as a condition of the permit, any or 121 all of the following in the interest of the public health, safety and welfare: 122 123 (1) That hours of operation be restricted; 124 3 125 (2) That existing trees and other vegetation located along public street 126 frontage or between the site of the operation and adjacent 127 residential areas be preserved and protected; and 128 129 (3) That specific measures be taken to prevent excessive noise, 130 illumination, dust or odor from affecting other properties or the 131 occupants thereof. 132 133 The applicant shall have the right to appeal the denial of any permit or the 134 imposition of any permit condition to the city council within thirty (30) days of the action. 135 136 (c) In the event the director of planning or his designee finds that a proposed 137 dredging or landfill operation may adversely affect the health, safety or welfare of the 138 general public or of occupants of adjacent properties, he may refer the application to the 139 city council, which shall have the authority to impose any or all of the conditions of the 140 permit as are set forth in this section. 141 142 (d) The violation of any of the provisions of this article, or the failure to 143 maintain strict compliance with any of the conditions of a permit issued pursuant to the 144 provisions of this article, shall be grounds for revocation of such permit by the director of 145 planning director. Any person continuing any activities requiring a permit 146 under this article after the revocation of such permit shall be guilty of a Class 1 147 misdemeanor. 148 149 COMMENT 150 151 Lines 133-134 clarify that both a denial and the imposition of conditions is appealable to 152 City Council and clarifies that such appeal must be made within 30 days. 153 154 The department of planning is now the permit issuing authority, rather than the 155 department of public works. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of June , 2015. 4 APPROVED S TO , 0 TENT: APPROVED AS TO LEGAL SUFFICIENCY: .jhiiiutikilwHi. al Li Planning City Attorney's Office CA11474 R-11 March 2, 2015 5 -27- Item -IV-J.2c ORDINANCES/RESOLUTION ITEM#64951 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: c. ADD Section 33-113.2 re waterway encroachments in Special Service Districts Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. Rosemary Wilson June 16, 2015 1 2 AN ORDINANCE TO ADD SECTION 33-113.2 TO 3 THE CITY CODE PERTAINING TO WATERWAY 4 ENCROACHMENTS IN SPECIAL SERVICE 5 DISTRICTS 6 7 SECTION AMENDED: § 33-113.2 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 33-113.2 is hereby added to the Code of the City of Virginia Beach, 13 Virginia, to read as follows: 14 15 Sec. 33-113.2 Administrative approval of temporary encroachments into 16 Neighborhood Dredging Special Service Districts 17 18 (a) City council hereby authorizes the city manager or his designee, upon proper 19 application to the department of public works, to approve any temporary encroachment 20 into city-owned waterways and city-owned property adjacent to waterways for boatlifts, 21 bulkheads, rip-rap, piers, boat-ramps, decks, shoreline stabilization projects, pilings, 22 wharves, and associated walkways and landscaping in any of the council-approved 23 neighborhood dredging special service districts when the following conditions are met: 24 25 (1) The owner has procured any permits required by the city or other applicable 26 regulatory body; and 27 28 (2) The owner has secured approval from any board or body appointed by the 29 city to oversee the general health and welfare of the Chesapeake Bay, wetlands, 30 and any rivers, beaches or waterways; and 31 32 (3) The city attorney or his designee has reviewed and approved the 33 encroachment request for compliance with relevant local ordinances and 34 resolutions, the city code, state law, federal law and regulations, and that 35 adjacent property owners have been notified; and 36 37 (4) The conditions provided by section 33-113.1(a) (1), (2), (3), (4), and (8) of the 38 city code, as amended. 39 40 (b) The requirements provided by Section 33-113.1 (c), (d), (e), and (f), as amended, 41 shall apply to any temporary encroachment provided by this section. 42 43 (c) The application and processing fee for such temporary encroachment shall be 44 provided by section 33-113. 45 46 (d) The applicant shall provide the required 15-foot vegetated riparian buffer area or 47 shall provide payment to the city for offsettinq buffer improvements. 48 49 (e) Any application that includes a boathouse is excluded from the authorization for an 50 administrative process set forth by this section. 51 52 (f) The application for such encroachment shall include proof of notice to the adjacent 53 property owner. If an adjacent property owner objects to such application because of 54 navigational concerns, the application shall be excluded from the authorization for an 55 administrative approval set forth by this section. 16th Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of June , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Aria k_ Public Works City Att e • ice CA13372 R-1 May 29, 2015 -28- Item -IV-J.3a ORDINANCES/RESOLUTION ITEM#64952 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE: a. A Management Agreement with Tidewater Tennis Center, Inc. re operation and management of Owl Creek Tennis Center Voting: 9-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A MANAGEMENT 3 AGREEMENT WITH TIDEWATER TENNIS CENTER, 4 INC. FOR THE OPERATION AND MANAGEMENT OF 5 OWL CREEK TENNIS CENTER 6 7 WHEREAS, the City of Virginia Beach (the "City") owns property located at 928 8 S. Birdneck Road (GPIN: 2416-75-8858) (the "Property"), known as Owl Creek Tennis 9 Center (the "Tennis Center"); 10 11 WHEREAS, the City determined that it would be in its best interest to seek an 12 outside party to operate, manage and maintain the Tennis Center; 13 14 WHEREAS, on January 20, 2015, the City issued a Request for Proposals for the 15 operation, management and maintenance of the Tennis Center (the "REP"); 16 17 WHEREAS, the City received and evaluated two (2) responses to the RFP and 18 determined that Tidewater Tennis Center, Inc. ("Tidewater Tennis") was best suited to 19 to manage the Tennis Center in accordance with the specifications of the RFP; 20 21 WHEREAS, the City and Tidewater Tennis have negotiated the terms of an 22 agreement, which sets forth the compensation, obligations and responsibilities of each 23 party in connection with the Tennis Center (the "Management Agreement"); 24 25 WHEREAS, the Management Agreement would be for a term of three (3) years, 26 with two (2) one-year renewal options, upon mutual agreement of the parties; and 27 28 WHEREAS, City staff recommends entering into the Management Agreement 29 with Tidewater Tennis. 30 31 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 32 OF VIRGINIA BEACH, VIRGINIA: 33 34 That the City Manager is hereby authorized to execute a management 35 agreement, for a term of three (3) years, with two (2) one-year renewal options upon 36 mutual agreement of the parties, between the City of Virginia Beach and Tidewater 37 Tennis Center, Inc., a Virginia corporation, in accordance with the Summary of Terms, 38 attached hereto as Exhibit A, and made a part hereof, and such other terms, conditions 39 or modifications as may be acceptable to the City Manager and in a form deemed 40 satisfactory by the City Attorney. 41 16th 42 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 43 June , 2015. APPROVED AS TO % TENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: b to jr) f ti<v Dept. of Parks and Recreation City Attorney CA13223 vbgov.com\DFS I ApplicationslCityLawProd,cycom32.Wpdocs\D007,P007,0005 1132.DOC R-1 June 5, 2015 EXHIBIT A SUMMARY OF TERMS MANAGEMENT AGREEMENT FOR OWL CREEK TENNIS CENTER OWNER: City of Virginia Beach (the "City") MANAGER: Tidewater Tennis Center, Inc., a Virginia corporation FACILITY: Part of 928 S. Birdneck Road (GPIN: 2416-75-8858), known as Owl Creek Tennis Center TERM: Three (3) years, with two (2) one-year renewal options upon mutual agreement of the parties RIGHTS AND RESPONSIBILITIES OF MANAGER: • The Facility will be used as a recreational facility, providing opportunities for citizens and guests to socialize, learn and enjoy playing tennis, and for no other purpose without the prior written approval of the City. • Manager will provide complete tennis center facility management services, including pro shop, food and beverage, landscape maintenance, and basic court maintenance. • Manager will be responsible for all utilities and maintenance within the Facility area (except snow/ice removal at the entrance area and outdoor court lighting). • Manager shall maintain insurance and be responsible for all applicable taxes and licensing associated with the operation of the Facility. • Manager shall pay a percentage of gross revenue to the City, as follows: Gross Revenue Payment $250,000 and under 1%of the revenue generated up to the first$250,000 $250,001 -$300,000 2%of the revenue generated between$250,001 and$300,000 $300,001 -$350,000 3%of the revenue generated between$300,001 and$350,000 $350,001 and above 4%of the revenue generated at and over$350,001 RIGHTS AND RESPONSIBILITIES OF OWNER/CITY: • Prior to commencement of the Management Agreement, the City shall repair and seal cracks on outdoor courts Page 1 of 2 • Within 6 months of execution of the Management Agreement, the City shall provide a top coat sealant to the indoor courts. • City shall remove snow/ice at the entrance area and maintain and repair the outdoor court lighting within guidelines established by the City's Dept. of Parks and Recreation. • City shall retain the right to use the parking lot for municipal use as deemed necessary. Page 2 of 2 �+ + T Axa . m #^ : ,, :,,TA ` 'f,...,1'4*'''i.****,1,''"4 * , *.,1 ,k 6k X J. Y ` jt1 iNt*"******.' tt'," ,,1*„„il Management Area :^ r `” x +' t.i g x 4414 ft, r dx a. l fi.. ¢ Y`} }'g kr i $ teyf ,f $> •w .4.,.' iJ # .. 44. ,, ..4/ ... ,,...-it e'' aw,' $/,„* 4. ''' , a ¢ y ,m�i, 4 iK s :` rte. 4 4 =J .. "'' ... ' tet x'f+ ae , . $, ' ,y` .� -P--*•,/, •': 7-..' 4 ,,,,,f. " 4" Marquee Sign L.,,,,,,..,,. ' . ..- '.,,,,. ' , spill i ' .,._, r 4 ii `Birdneck Road ' , #� � ,. , , ! `t� t , J 41 # .,,.,,,,1 '' * 4:4.4&0" >` , a.Vis...« ..,, �, cak City Owned Property 44.4 Owl Creek Tennis Center — Location Map U W.) I tt)h I 1 -29- Item -IV-J.36 ORDINANCES/RESOLUTION ITEM#64953 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE: b. A Lease between T-Mobile and the City re telecommunications facilities at 616 North Great Neck Road Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 1 AN ORDINANCE TO AWARD A LEASE OF CITY PROPERTY 2 TO T-MOBILE NORTHEAST, L.L.C. FOR THE PURPOSE OF 3 MAINTAINING AND OPERATING WIRELESS 4 TELECOMMUNICATIONS FACILITIES 5 6 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain property 7 located at 616 North Great Neck Road, in the Beach District (the "Property"); and 8 9 WHEREAS, T-Mobile Northeast, L.L.C. ("T-Mobile") has leased a 25'x 25' portion 10 of the Property from the City since March 2004 to operate certain facilities for the purpose 11 of providing wireless telecommunications services to the general public; and 12 13 WHEREAS, T-Mobile desires to continue to lease a portion of the Property,together 14 with easements for vehicular and pedestrian access and for the installation, maintenance 15 and replacement of necessary utilities, wiring, cables and other conduits for the purpose of 16 maintaining and operating the existing wireless telecommunications facilities currently 17 located upon the Property; and 18 19 WHEREAS, the most recent lease has expired as of March 23, 2010, and T-Mobile 20 desires to enter into a new five-year lease upon the same material terms and conditions as 21 the former leases, with an increase in the rent due the City; 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 1. That the City Manager is hereby authorized and directed to execute, on 27 behalf of the City, the lease entitled GROUND LEASE AGREEMENT (GREAT NECK 28 DOMINION TOWER) CITY OF VIRGINIA BEACH, LESSOR AND T-MOBILE 29 NORTHEAST LLC, LESSEE DATED MARCH 24, 2015, a summary of the material terms 30 of which lease is hereto attached and a copy of which is on file in the Office of the City 31 Attorney. 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of June , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICI CY: 64Public Wo s/Facilities Management City Attorney's Office CA13361 R-1 May 14, 2015 T-MOBILE LEASE AGREEMENT Summary of Material Terms Location: 616 N. Great Neck Road (intersection with West Plantation Road), Beach District Lessee: T-Mobile Northeast, LLC Leased Area: 25' x 25' site, with access and maintenance easements for accessory base station (outbuilding housing telecommunications equipment). Antennas are on top of existing Dominion electric transmission tower Term: Five years with no right of renewal Rent: $15,981.84 per year(first year), payable in advance, with annual 3% increase Other: Lessee required to comply with all City ordinances and other requirements Lessee required to remove facilities and restore site to original condition upon expiration or termination of lease Lessee to reimburse City for cost of public notice -30- Item -IV-J.4 ORDINANCES/RESOLUTION ITEM#64954 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to APPOINT three (3) Viewers re view streets or alleys proposed for closure Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR 2 ONE-YEAR TERMS BEGINNING JULY 1, 2015, TO VIEW 3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED 4 5 WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers 6 shall be appointed each year to serve terms of one year beginning July 1 to view each 7 and every street or alley proposed to be altered or vacated during the term;" and 8 9 WHEREAS, it is the desire of City Council to appoint the Directors of the 10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers 11 for one-year terms, beginning July 1, 2015 and ending June 30, 2016. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the Director of Planning, Director of Public Works and Director of Parks and 17 Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve 18 a one-year term beginning July 1, 2015 and ending June 30, 2016, to view each and 19 every application to close a street or alley, and to report in writing their opinion of what 20 inconvenience, if any, would result from discontinuing the street or alley or portion 21 thereof. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of June , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Depart"ent of Planning, City Attorney's Offic CA13369 R-1 May 29, 2015 II -31- Item -IV-J.5 ORDINANCES/RESOLUTION ITEM#64955 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to RE-NAME the City-owned building at 256-258 North Witchduck Road from "The Collier Building to `Human Services Witchduck Annex" Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 1 A RESOLUTION TO RE-NAME THE CITY BUILDING 2 LOCATED AT 256-258 N. WITCHDUCK ROAD FROM 3 "THE COLLIER BUILDING" TO "HUMAN SERVICES 4 WITCHDUCK ANNEX" 5 6 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That the City Council approves the change in name for the City building located at 10 256-258 N. Witchduck Road from "The Collier Building" to "Human Services Witchduck 11 Annex." Adopted by the Council of the City of Virginia Beach, Virginia on the 16thday of June , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFI _ CY: Budget and Management Services City Attome office CA13377 R-1 June 3, 2015 -32- Item -IV-J.6a ORDINANCES/RESOLUTION ITEM#64956 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance re City Appointee Compensation for FY 2015-16: a. City Manager Voting: 8-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; 7 8 WHEREAS, in 2012, in compliance with the requirements of state law, City 9 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 10 employees who became Virginia Retirement System ("VRS") members prior to July 1, 11 2010, to make member contributions in an amount equal to one percent of their VRS 12 total creditable compensation; and (2) that increased those employees' VRS total 13 creditable compensation by one percent; and 14 15 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1) 16 to require City employees who became VRS members prior to July 1, 2010, to make 17 member contributions in an amount equal to two percent of their VRS total creditable 18 compensation; and (2) to increase those employees' VRS total creditable compensation 19 by an additional one percent; and 20 21 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1) 22 to require City employees who became VRS members prior to July 1, 2010, to make 23 member contributions in an amount equal to three percent of their VRS total creditable 24 compensation; and (2) to increase those employees' VRS total creditable compensation 25 by an additional one percent; and 26 27 WHEREAS, City Council adopted a similar ordinance, effective with the pay 28 period that includes July 1, 2015, (1) to require City employees who became VRS 29 members prior to July 1, 2010, to make member contributions in an amount equal to 30 four percent of their VRS total creditable compensation; and (2) to increase those 31 employees' VRS total creditable compensation by an additional one percent; and 32 33 WHEREAS, the 2015 ordinance also provides, for all full-time employees, salary 34 increases of .34% effective with the pay period that includes July 1, 2015, and 2.66% 35 effective with pay period that includes October 1, 2015; and 36 37 WHEREAS, the VRS total creditable compensation for the City Manager includes 38 his salary as well as the value of the City's contributions to his deferred compensation 39 plan and, as set forth in his employment contract, the City-paid premiums for his family 40 medical and dental insurance and long-term care insurance. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA: 44 45 1. That the current base annual salary of the City Manager is $ 241,416.72; 46 his car allowance is and shall remain at $12,000 annually; the City's contribution to his 47 deferred compensation plan is and shall remain at $20,500 annually; and, in 48 accordance with his employment contract, the City shall continue to pay the total 49 premium for his family health and dental insurance, and the City shall also pay the full 50 premium for the City Manager's long term care insurance. 51 52 2. That, beginning July 1, 2015, as required by state law and in accordance 53 with budget ordinances adopted by City Council in May 2015, the City Manager shall 54 pay, on a salary-reduction basis, VRS member contributions in an amount equal to four 55 percent of his VRS total creditable compensation, and his base salary as set forth in 56 paragraph 1 shall be increased effective with the pay period that includes July 1, 2015, 57 in an amount equal to one percent of his VRS total creditable compensation. 58 59 3. Along with all other full-time City employees, the City Manager shall also 60 receive a salary increase of .34%, effective with the pay period that includes July 1, 61 2015, and 2.66%, effective with the pay period that includes October 1, 2015. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of June , 2015. APPROVED AS TO LEGAL SUFFICIENCY: 7Z0 City Attorney's Offic CA13383 R-2 June 10, 2015 -33- Item -IV-J.6b ORDINANCES/RESOLUTION ITEM#64957 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance re City Appointee Compensation for FY 2015-16: b. City Attorney Voting: 8-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY 3 ATTORNEY 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, in 2012, in compliance with the requirements of state law, City 10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 11 employees who became Virginia Retirement System ("VRS") members prior to July 1, 12 2010, to make member contributions in an amount equal to one percent of their VRS 13 total creditable compensation; and (2) that increased those employees' VRS total 14 creditable compensation by one percent; and 15 16 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1) 17 to require City employees who became VRS members prior to July 1, 2010, to make 18 member contributions in an amount equal to two percent of their VRS total creditable 19 compensation; and (2) to increase those employees' VRS total creditable compensation 20 by an additional one percent; and 21 22 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1) 23 to require City employees who became VRS members prior to July 1, 2010, to make 24 member contributions in an amount equal to three percent of their VRS total creditable 25 compensation; and (2) to increase those employees' VRS total creditable compensation 26 by an additional one percent; and 27 28 WHEREAS, City Council adopted a similar ordinance, effective with the pay 29 period that includes July 1, 2015, (1) to require City employees who became VRS 30 members prior to July 1, 2010, to make member contributions in an amount equal to 31 four percent of their VRS total creditable compensation; and (2) to increase those 32 employees' VRS total creditable compensation by an additional one percent; and 33 34 WHEREAS, the 2015 ordinance also provides, for all full-time employees, salary 35 increases of .34% effective with the pay period that includes July 1, 2015, and 2.66% 36 effective with pay period that includes October 1, 2015; and 37 38 WHEREAS, the VRS total creditable compensation for the City Attorney includes 39 his salary as well as the value of the City's contributions to his deferred compensation 40 plan. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA: 44 45 1. That the current base annual salary of the City Attorney is $203,272.56, 46 the City's contribution to his deferred compensation plan is and shall remain at $10,000 47 annually, and his car allowance shall be $10,000 annually. 48 49 2. That, beginning July 1, 2015, as required by state law and in accordance 50 with budget ordinances adopted by City Council in May 2015, the City Attorney shall 51 pay, on a salary-reduction basis, VRS member contributions in an amount equal to four 52 percent of his VRS total creditable compensation, and his base salary as set forth in 53 paragraph 1 shall be increased effective with the pay period that includes July 1, 2015, 54 in an amount equal to one percent of his VRS total creditable compensation. 55 56 3. Along with all other full-time City employees, the City Attorney shall also 57 receive salary increases of .34%, effective with the pay period that includes July 1, 58 2015, and 2.66%, effective with the pay period that includes October 1, 2015. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of June , 2015. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offi CA13387 R-3 June 11, 2015 -34- Item-IV-16c ORDINANCES/RESOLUTION ITEM#64958 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance re City Appointee Compensation for FY 2015-16: c. City Clerk Voting: 8-1 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; 7 8 WHEREAS, in 2012, in compliance with the requirements of state law, City 9 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 10 employees who became Virginia Retirement System ("VRS") members prior to July 1, 11 2010, to make member contributions in an amount equal to one percent of their VRS 12 total creditable compensation; and (2) that increased those employees' VRS total 13 creditable compensation by one percent; and 14 15 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1) 16 to require City employees who became VRS members prior to July 1, 2010, to make 17 member contributions in an amount equal to two percent of their VRS total creditable 18 compensation; and (2) to increase those employees' VRS total creditable compensation 19 by an additional one percent; and 20 21 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1) 22 to require City employees who became VRS members prior to July 1, 2010, to make 23 member contributions in an amount equal to three percent of their VRS total creditable 24 compensation; and (2) to increase those employees' VRS total creditable compensation 25 by an additional one percent; and 26 27 WHEREAS, City Council adopted a similar ordinance, effective with the pay 28 period that includes July 1, 2015, (1) to require City employees who became VRS 29 members prior to July 1, 2010, to make member contributions in an amount equal to 30 four percent of their VRS total creditable compensation; and (2) to increase those 31 employees' VRS total creditable compensation by an additional one percent; and 32 33 WHEREAS, the 2015 ordinance also provides, for all full-time employees, salary 34 increases of .34% effective with the pay period that includes July 1, 2015, and 2.66% 35 effective with pay period that includes October 1, 2015; and 36 37 WHEREAS, the VRS total creditable compensation for the City Clerk consists of 38 only her salary. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 41 VIRGINIA BEACH, VIRGINIA: 42 43 1. That the current base annual salary of the City Clerk is $114,355.44, and 44 her car allowance is and shall remain at $10,000 annually. 45 46 2. That, beginning July 1, 2015, as required by state law and in accordance 47 with budget ordinances adopted by City Council in May 2015, the City Clerk shall pay, 48 on a salary-reduction basis, VRS member contributions in an amount equal to four 49 percent of her VRS total creditable compensation, and her base salary as set forth in 50 paragraph 1 shall be increased effective with the pay period that includes July 1, 2015, 51 in an amount equal to one percent of her VRS total creditable compensation. 52 53 3. Along with all other full-time City employees, the City Clerk shall also 54 receive salary increases of .34%, effective with the pay period that includes July 1, 55 2015, and 2.66%, effective with the pay period that includes October 1, 2015. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of June , 2015. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offi CA13384 R-1 June 9, 2015 -35- Item -IV-J.6d ORDINANCES/RESOLUTION ITEM#64959 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance re City Appointee Compensation for FY 2015-16: d. City Real Estate Assessor Voting.• 8-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, in 2012, in compliance with the requirements of state law, City 10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 11 employees who became Virginia Retirement System ("VRS") members prior to July 1, 12 2010, to make member contributions in an amount equal to one percent of their VRS 13 total creditable compensation; and (2) that increased those employees' VRS total 14 creditable compensation by one percent; and 15 16 WHEREAS, City Council adopted a similar ordinance, effective July 1,2013, (1) 17 to require City employees who became VRS members prior to July 1, 2010, to make 18 member contributions in an amount equal to two percent of their VRS total creditable 19 compensation; and (2) to increase those employees' VRS total creditable compensation 20 by an additional one percent; and 21 22 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1) 23 to require City employees who became VRS members prior to July 1, 2010, to make 24 member contributions in an amount equal to three percent of their VRS total creditable 25 compensation; and (2) to increase those employees' VRS total creditable compensation 26 by an additional one percent; and 27 28 WHEREAS, City Council adopted a similar ordinance, effective with the pay 29 period that includes July 1, 2015, (1) to require City employees who became VRS 30 members prior to July 1, 2010, to make member contributions in an amount equal to 31 four percent of their VRS total creditable compensation; and (2) to increase those 32 employees' VRS total creditable compensation by an additional one percent; and 33 34 WHEREAS, the 2015 ordinance also provides, for all full-time employees, salary 35 increases of .34% effective with the pay period that includes July 1, 2015, and 2.66% 36 effective with pay period that includes October 1, 2015; and 37 38 WHEREAS, the VRS total creditable compensation for the City Real Estate 39 Assessor includes his salary as well as the value of the City's contributions to his 40 deferred compensation plan. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA: 44 45 1. That the current base annual salary of the City Real Estate Assessor is 46 $132,603.84, and the City's contribution to his deferred compensation plan is and shall 47 remain at $4,000 annually. 48 49 2. That, beginning July 1, 2015, as required by state law and in accordance 50 with budget ordinances adopted by City Council in May 2015, the City Real Estate 51 Assessor shall pay, on a salary-reduction basis, VRS member contributions in an 52 amount equal to four percent of his VRS total creditable compensation, and his base 53 salary as set forth in paragraph 1 shall be increased effective with the pay period that 54 includes July 1, 2015, in an amount equal to one percent of his VRS total creditable 55 compensation. 56 57 3. Along with all other full-time City employees, the City Real Estate 58 Assessor shall also receive a salary increase of .34%, effective with the pay period that 59 includes July 1, 2015, and 2.66%, effective with the pay period that includes October 1, 60 2015. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of June , 2015. APPROVED AS TO LEGAL SUFFICIENCY: .41-1e/i•e-/4 fEr City Attorney's 0 CA13386 R-1 June 9, 2015 -36- Item -IV-J.6e ORDINANCES/RESOLUTION ITEM#64960 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance re City Appointee Compensation for FY 2015-16: e. City Auditor Voting: 8-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 1 AN ORDINANCE PERTAINING TO 2 THE COMPENSATION OF THE CITY 3 AUDITOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, in 2012, in compliance with the requirements of state law, City 10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 11 employees who became Virginia Retirement System ("VRS") members prior to July 1, 12 2010, to make member contributions in an amount equal to one percent of their VRS 13 total creditable compensation; and (2) that increased those employees' VRS total 14 creditable compensation by one percent; and 15 16 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1) 17 to require City employees who became VRS members prior to July 1, 2010, to make 18 member contributions in an amount equal to two percent of their VRS total creditable 19 compensation; and (2) to increase those employees' VRS total creditable compensation 20 by an additional one percent; and 21 22 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1) 23 to require City employees who became VRS members prior to July 1, 2010, to make 24 member contributions in an amount equal to three percent of their VRS total creditable 25 compensation; and (2) to increase those employees' VRS total creditable compensation 26 by an additional one percent; and 27 28 WHEREAS, City Council adopted a similar ordinance, effective with the pay 29 period that includes July 1, 2015, (1) to require City employees who became VRS 30 members prior to July 1, 2010, to make member contributions in an amount equal to 31 four percent of their VRS total creditable compensation; and (2) to increase those 32 employees' VRS total creditable compensation by an additional one percent; and 33 34 WHEREAS, the 2015 ordinance also provides, for all full-time employees, salary 35 increases of .34% effective with the pay period that includes July 1, 2015, and 2.66% 36 effective with pay period that includes October 1, 2015; and 37 38 WHEREAS, the VRS total creditable compensation for the City Auditor consists 39 of only his salary. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA: 43 44 1. That the current base annual salary of the City Auditor is $113,111.04, 45 and his car allowance is and shall remain at $6,000 annually. 46 47 2. That, beginning July 1, 2015, as required by state law and in accordance 48 with budget ordinances adopted by City Council in May 2015, the City Auditor shall pay, 49 on a salary-reduction basis, VRS member contributions in an amount equal to four 50 percent of his VRS total creditable compensation, and his base salary as set forth in 51 paragraph 1 shall be increased effective with the pay period that includes July 1, 2015, 52 in an amount equal to one percent of his VRS total creditable compensation. 53 54 3. Along with all other full-time City employees, the City Auditor shall also 55 receive salary increases of .34%, effective with the pay period that includes July 1, 56 2015, and 2.66%, effective with the pay period that includes October 1, 2015. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of June , 2015. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA13385 R-1 June 9, 2015 -37- Item IV-J.7a(1/2/3) ORDINANCES/RESOLUTION ITEM#64961 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND: a. The FY 2014-15 Operating Budget re Department of Housing and Neighborhood Preservation 1. $145,088- TRANSFER of Community Development Block Grant(CDBG)funds 2. $ 25,402—REDUCE appropriations for the CDBG re decreased revenue 3. $100,000—CORRECT appropriation re "program income" to `federal revenue" Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 1 AN ORDINANCE TO AMEND THE FY 2014-15 2 OPERATING BUDGET OF THE DEPARTMENT OF 3 HOUSING AND NEIGHBORHOOD PRESERVATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 The FY 2014-15 Operating Budget of the Department of Housing and Neighborhood 9 Preservation is hereby modified for the amounts and purposes set forth below: 10 11 1. $145,088 of Community Development Block Grant (CDBG) funds is hereby 12 transferred from the Community Development Fund to the Community 13 Development Loan Grant Fund, with federal revenue increased accordingly; 14 15 2. Revenues from program income and appropriations of $25,402 for CDBG are 16 hereby reduced to reflect revenues below anticipated levels; and 17 18 3. The revenue sources for the CDBG Program are hereby amended to increase 19 federal revenues by $100,000 with a corresponding decrease in program 20 income. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of June , 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL Sy7: i" c) Budget and Management Servic s City PtirsF e ' ice CA13374 R-1 June 1, 2015 -38- Item -IV-J.7b ORDINANCES/RESOLUTION ITEM#64962 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND: b. The Project Scope to EXPAND the "Commonwealth's Attorney Build- Out of Judicial Center" and TRANSFER $102,291 from FY 2014/15 Commonwealth's Attorney Federal/State Seized Assets Special Revenue Fund to complete renovations Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. Rosemary Wilson June 16, 2015 1 AN ORDINANCE TO AMEND THE PROJECT SCOPE OF 2 CAPITAL PROJECT #3-201, "COMMONWEALTH'S 3 ATTORNEY BUILD-OUT OF JUDICIAL CENTER" AND TO 4 TRANSFER FUNDS FROM THE FY2014-15 5 COMMONWEALTH'S ATTORNEY FEDERAL/STATE 6 SEIZED ASSETS SPECIAL REVENUE FUND TO 7 PROJECT #3-201 TO COMPLETE RENOVATIONS ON 8 THE SECOND FLOOR OF THE JUDICIAL CENTER 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA, THAT: 12 13 1. The project scope of Capital Project #3-201, "Commonwealth's Attorney 14 Build-Out of Judicial Center," is hereby be expanded to include renovation of the 15 Commonwealth's Attorney's portion of the second floor to add a conference room, 16 technology/interactive training room, and reorganization of existing staff offices/cubicles 17 to meet current and future organizational needs; and 18 19 2. $102,291 is hereby transferred from the FY2014-15 Commonwealth's 20 Attorney Federal/State Seized Assets Special Revenue Fund to Capital Project #3-201 21 to provide the remaining funds to cover the cost of the second floor renovation. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of June , 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPOROVED AS TO LEGAL SUFFICIENCY: ) c„,„ Budget and Management ervices' City Attu( s• ffice CA13373 R-1 May 29, 2015 -39- Item-IV-J.8a ORDINANCES/RESOLUTION ITEM#64963 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT Ordinance to ACCEPT,APPROPRIATE re Human Services: a. $1,791 FY 2015 Grant Funds from the Virginia Department of Criminal Justice Services Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent.• Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 ADDITIONAL FY2015 GRANT FUNDS FOR THE 3 COMMUNITY CORRECTIONS AND PRETRIAL PROGRAMS 4 GRANT AND TO TRANSFER CITY FUNDS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 (1) $1,791 is hereby accepted from the Virginia Department of Criminal Justice 10 Services and appropriated,with estimated state revenues increased accordingly, 11 to the FY 2014-15 Operating Budget of the Department of Human Services for 12 the Community Corrections and Pretrial Program; and 13 14 (2) $1,791 is hereby transferred from the FY2014-15 Operating Budget of the 15 Department of Human Services to the General Fund Reserve for Contingencies. juneAdopted by the Council of the City of Virginia Beach, Virginia on the 16th day of 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (7 Budget and Management Servi es , C • ey's Office CA13378 R-1 June 3, 2015 -40- Item -IV-J.86 ORDINANCES/RESOLUTION ITEM#64964 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT Ordinance to ACCEPT,APPROPRIATE re Human Services: b. $100,730 in State revenue and $18,744 local match re additional positions June 16, 2015 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 ADDITIONAL FY 2015-16 VIRGINIA DEPARTMENT OF 3 SOCIAL SERVICES FUNDING AND TO AUTHORIZE 4 TWO FULL-TIME ELIGIBILITY WORKER I POSITIONS 5 6 BE IT ORDAINED BY THE COUNIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $100,730 in State revenue from the Virginia Department of Social Services is 10 hereby accepted and appropriated, with estimated State revenues increased 11 accordingly, to the FY 2015-16 Operating Budget of the Department of Human 12 Services; 13 14 2. $18,744 is hereby transferred within the FY 2015-16 Operating Budget of the 15 Department of Human Services to provide funding for additional positions in the 16 Benefit Program Unit; 17 18 3. Two full time Eligibility Worker I positions are hereby authorized in the Benefit 19 Program Unit of the Department of Human Services; and 20 21 4. This ordinance shall be effective July 1, 2015. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of June 2015. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: A .• ove• a • Legal Sufficiency: D(IA/ ), c 1 Budget and anagement Services ( Cit ' • - ey' Office CA13379 R-1 June 3, 2015 -41- Item—IV-K PLANNING ITEM#64965 I. MCQ BUILDERS,LLC and B.H. CHANGE IN NON-CONFORMITY VINELAND,LLC 2. CHECKERED FLAG STORE#5 and MODIFICATION OF PROFFERS CHECKERED FLAG MOTOR CAR COMPANY MODIFICATION OF CONDITIONS 3. RIO LYNNHAVEN,LLC and LYNNHAVEN MODIFICATION OF CONDITIONS INVESTMENTS,LLC 4. KINGS GRANT BAPTIST CHURCH CONDITIONAL USE PERMIT 5. GREYSTAR GP II,LLC and THE TERRY CONDITIONAL USE PERMIT COMPANY 6a. CITY OF VIRGINIA BEACH GREEN SEA BL UEWAY and GREENWAY 6b. CITY OF VIRGINIA BEACH AMEND CITY ZONING ORDINANCE ITEM#1 WILL BE CONSIDERED SEPARATELY COUNCILMAN DAVENPORT WILL ABSTAIN ON ITEM#1 June 16, 2015 -42- Item-IV-K PLANNING ITEM#64966 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, Items 2, 3, 4, 5, and 6a/b of the PLANNING AGENDA. Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 -43- Item -IV-K.1 PLANNING ITEM#64967 Brad Martin is represented the Applicant. He is the Engineer on this Project and advised the property Owner and Developer is unable to attend tonight's meeting. This project is a redevelopment of twelve (12) existing apartments with twelve (12) single-family homes. This is a "Modification of Non- Conforminty" and, as such, requires City Council's approval. The current road serves as a "cut thru" from Dam Neck Road to Old Dam Neck Road. Since this project was not required to go before the Planning Commission, he consulted with Tom Leahy, Phil Davenport and Jack Whitney and received their approval. The main concern, as he understands, is the project is creating private utilities and infrastructure. The City has had some problems in the past with a few other similar developments asking for the City's help. As such, the Developer has agreed to build the primary utilities to "City Standards". The only thing not being done is meeting the geometric standard, typical of a City street, since this will be a "dead-end"road and no longer a cut-thru. Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council, DENIED, Application of MCQ BUILDERS, LLC and B.H. VINELAND, LLC for a Change in Non-Conformity at 1046 and 1050 Old Dam Neck Road and 1037 Dam Neck Road DISTRICT 7—PRINCESS ANNE Voting: 5-3 Council Members Voting Aye: Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond and John E. Uhrin Council Members Voting Nay: Robert M. Dyer Shannon DS Kane James L. Wood Council Members Abstaining: M. Benjamin Davenport Council Members Absent: " Mayor William D. Sessoms,Jr. Rosemary Wilson June 16, 2015 1 REVISED RESOLUTION 2 3 A RESOLUTION DENYING THE CONVERSION OF A 4 NONCONFORMING USE ON PROPERTY LOCATED AT 5 1046 AND 1050 OLD DAM NECK ROAD AND 1037 DAM 6 NECK ROAD 7 8 WHEREAS, McQ Builders, LLC-1 (hereinafter the "Applicant") has made 9 application to the City Council for authorization for the conversion of a nonconforming 10 use located at 1046 and 1050 Old Dam Neck Road and 1037 Dam Neck Road in the 11 AG-2 Zoning District by replacing 12 nonconforming dwellings units located in multiple 12 structures on three parcels with 12 single-family dwellings in a condominium form of 13 ownership; and 14 15 WHEREAS, this lot currently contains 12 dwelling units in five buildings on three 16 lots, which is not allowed in the AG-2 Agricultural District; however, the dwellings were 17 built prior to the adoption of the applicable zoning regulations and are therefore 18 nonconforming; and 19 20 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 21 conversion of a nonconforming use is unlawful in the absence of a resolution of the City 22 Council authorizing such action upon a finding that the proposed use, as converted, will 23 be equally appropriate or more appropriate to the zoning district than is the existing use; 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the City Council hereby finds that the proposed use of the lot, as converted, 29 will not be equally appropriate to the district as is the existing nonconforming use. 30 31 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 32 BEACH, VIRGINIA: 33 34 That the conversion of the nonconforming use is hereby denied. 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of June, 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: oil di M C1-4-kr r I Pla ping Department City Attorney's ice CA13331/R-1/June 17, 2015 `` t U City of Virinia. Seach 9%,D „,c, 3 c,: OUR NPSON� VBgov.com M.BENJAMIN DAVENPORT COUNCILMAN PHONE: (757)425-6611 AT LARGE BDAVENPO@VBGOV.COM In Reply Refer to 0054543 April 7, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: I would like to make the following disclosure: 1. I am making this disclosure regarding City Council's discussion and vote on a resolution authorizing the conversion of a nonconforming use on property located at 1046 and 1050 Old Dam Neck Road and 1037 Dam Neck Road. The applicant for this item is MCQ Builders, LLC-1, and the property owner is B.H. Vineland. 2. Davenport Management Company has business interests with the applicant with respect to a different business venture (not the venture that is the subject of the resolution). 3. I have a personal interest in Davenport Management Company, which is located at 1604 Hilltop West Executive Center Suite 305, Virginia Beach, VA 23451. 4. I wish to disclose this interest and will abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 1604 WEST HILLTOP EXEC CENTER#305,VIRGINIA BEACH,VIRGINIA 23451 Mrs. Ruth Hodges Fraser -2- April 7, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Thank you for your assistance and cooperation in this matter. Sincerely, . Ben Davenport Councilmember MBD/RRI II -44- Item -IV-K2 PLANNING ITEM#64968 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council, APPROVED AS PROFFERED and CONDITIONED, BY CONSENT, Application of CHECKERED FLAG STORE#5 and CHECKERED FLAG MOTOR CAR COMPANY for a Modification of Proffers of a Conditional Zoning (approved October 24, 2006) and a Modification of Conditions of a Conditional Use Permit (approved May 23, 1988 and modified October 24, 2006) re an addition to the existing building at 5225 Virginia Beach Boulevard DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon CHECKERED FLAG STORE #5 and CHECKERED FLAG MOTOR CAR COMPANY for a Modification of Proffers of a Conditional Zoning (approved October 24, 2006) and a Modification of Conditions of a Conditional Use Permit (approved May 23, 1988, and modified October 24, 2006) re an addition to the existing building at 5225 Virginia Beach Boulevard (GPIN 1467669472) DISTRICT 2 — KEMPSVILLE The following conditions shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court All conditions attached to the Conditional Use Permit granted by City Council on October 24, 2006, are hereby deleted and replaced with the following: 1. Evergreen shrubs planted a minimum offour(4)feet on center and a minimum height of three (3) to four (4)feet at the time of installation shall be planted along the Southern property line where the Site abuts the adjacent Office Development Site. 2. All garage doors shall remain closed, other than for the maneuvering of vehicles in and out of service bays. 3. All parking lot lighting shall be directed inward and shall not reflect toward the adjacent properties and public rights-of-way. A Photometric Plan shall be submitted to the Development Services Center at Development Site Plan review. 4. The entire parking lot must be striped in accordance with City Code requirements and Americans with Disabilities Act regulations. All parking spaces and display areas must be clearly delineated on the final Site Plan. 5. No loudspeakers or any other outdoor speaker system shall be permitted on Site. 6. No vehicles for sale or rent shall be parked and/or displayed within any portion of the public rights-of-way. 7. The Site shall be developed in substantial conformance to the submitted Site Plan entitled, "CONCEPTUAL SITE LAYOUT PLAN OF CHECKERED FLAG - BMW, VIRGINIA BECH, VIRGINIA", dated 02/02/15 and prepared by MSA, P.C. June 16, 2015 II -45- Item -IV-K.2 PLANNING ITEM#64968 (Continued) 8. The building addition shall substantially conform to the design shown on the building elevations entitled, "CHECKERED FLAG BMW 5.0 PROPOSED ELEVATIONS" and "CHECKERED FLAG BMW 6.1 EXTERIOR PERSPECTIVE," prepared by YSM Design. 9. Use of all service areas shall be limited to normal operating hours This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixteenth day of June Two Thousand Fifteen. Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 -46- Item -IV-K.3 PLANNING ITEM#64969 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council, APPROVED AS CONDITIONED, BY CONSENT, Application of RIO LYNNHAVEN, LLC and LYNNHAVEN INVESTMENTS, LLC for a Modification of Conditions (approved November 17, 1980 and Modified July 14, 1998)re a car wash at 1108 Lynnhaven Parkway DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon RIO LYNNHAVEN, LLC and LYNNHAVEN INVESTMENTS, LLC for a Modification of Conditions (approved November 17, 1980, and Modified July 14, 1998) re a car wash at 1108 Lynnhaven Parkway (GPIN 1496006954)DISTRICT 3—ROSE HALL The following conditions shall be required: 1. All conditions attached to the Conditional Use Permit granted by the City Council on July 14, 1998, are deleted and are replaced with the conditions listed below. 2. The Site shall be developed substantially in conformance with the Plan titled "Conceptual Site Plan, Rio Car Wash"dated March 2, 2015, and prepared by WPL. Said Plan has been exhibited to the City Council and is on file with the Department of Planning. 3. The building shall be developed substantially in conformance with the elevation titled "Conceptual Architectural Elevations, Rio Car Wash" dated March 2, 2015, and prepared by Dirigo Design Consultants, LLC. Said elevations have been exhibited to the City Council and are on file with the Department of Planning. 4. The existing wooded portion of the Southeastern portion of the Site shall remain in its natural vegetated state. 5. All mechanical equipment shall be flood-resistant to water intrusion and flotation from hydrostatic pressure, or elevated above the Base Flood Elevation. 6. Any existing barbwire shall be removed from the Site and no new barbwire shall be installed. 7. The existing pole-mounted sign at the Site entrance shall be removed. Any proposed signage shall meet the regulations of the City Zoning Ordinance, and a sign permit shall be obtained from the Planning Department for the installation of any signage. Signage on the Site shall be limited to the following: a. One (1)freestanding monument sign, with the color of the base matching the color of the building b. Two (2) wall-mounted signs June 16, 2015 -47- Item -IV-K.3 PLANNING ITEM#64969 (Continued) 8. The proposed dumpster shall be screened by a solid block enclosure painted to match the building, as well as foundation landscaping in accordance with the City of Virginia Beach Landscaping Guide. 9. Vacuums installed on the Site shall substantially adhere to the design depicted on the submitted graphic, entitled "Conceptual Kiosk Canopy, Rio Car Wash, " with the exception that the `Bubbles' sign element as shown, shall not be installed on the canopy. The number of vacuum stations shall be limited to one (1)per parking space. Each vacuum shall be painted a neutral tone to reduce visibility from the right-of- way and maintain consistency with the building. The four central vacuum units shall be screened with shrubs from the right-of-way. 10. The outdoor vending machine installed on the Site shall be confined to the rear of the Site as depicted on the submitted Plan, and shall be screened with shrubs to reduce visibility. No signage shall be permitted above, beside or below the vending machine. 11. The existing chain link fence with orange slats shall be removed. Any new fence shall not be chain link and must meet the requirements of the Zoning Ordinance. (Note: this condition was added at the Planning Commission Hearing) 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 Sixteenth day of June Two Thousand Fifteen. Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 -48- Item -IV-K4 PLANNING ITEM#64970 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council, APPROVED AS CONDITIONED, BY CONSENT, Application of KINGS GRANT BAPTIST CHURCH for a Conditional Use Permit re an open air market at 873 Little Neck Road DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon KINGS GRANT BAPTIST CHURCH for a Conditional Use Permit re an open air market at 873 Little Neck Road (GPIN 148828793)DISTRICT 5—LYNNHAVEN The following conditions shall be required: 1. Activities related to the Open Air (Farm) Market shall be located within the areas designated on the submitted Plan, entitled "King's Grant Baptist Church Farm Market Layout, June, 2015. " 2. Products sold at the Market shall be limited to local agricultural, seafood and related organic food products, as well as homemade and handmade items. 3. The Open Air Market shall only operate on two Thursdays per month from June through September. Operating hours shall be from 4:00 PM to 7:00 PM 4. One (1) sign, no greater than thirty two (32) square feet, with a maximum height of twelve (12)feet, and set back at least seven (7)feet from the property line, may be installed per the provisions of Section 211(b) (1) for temporary signs. 5. The applicant shall ensure that all applicable Health Department requirements are met. 6. Amplified live and pre-recorded music shall be permitted during the time that the Market is allowed to operate, but shall be at a volume consistent with the provisions of Condition 8. 7. As required by Section 239.03(b)(2) of the Zoning Ordinance, there shall be no less than one (1) trash receptacle per one thousand(1,000)feet of sales area. 8. As provided for by Section 239.03(b)(5) of the Zoning Ordinance, during its operation, the Market shall not disturb the tranquility of the surrounding residential area or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic or overflow parking. 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 Sixteenth day of June Two Thousand Fifteen. June 16, 2015 -49- 9 Item -IV-K.4 PLANNING ITEM#64970 (Continued) Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. Rosemary Wilson June 16, 2015 -50- Item -IV-K.5 PLANNING ITEM#64971 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council, APPROVED AS CONDITIONED, BY CONSENT, Application of GREYSTAR GP II, LLC and THE TERRY COMPANIES FIVE, LLC for a Conditional Use Permit re housing for seniors and disabled persons between Shore Drive and Ocean Shore Avenue at Cherry Tree Place DISTRICT 5-LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon GREYSTAR GP II, LLC and THE TERRY COMPANIES FIVE,LLC for a Conditional Use Permit re housing for seniors and disabled persons between Shore Drive and Ocean Shore Avenue at Cherry Tree Place (GPIN 1489799060) DISTRICT 5 - LYNNHAVEN The following conditions shall be required: 1. The Site shall be developed substantially in conformance with the Site layout on the exhibit entitled, "Conceptual Site Layout and Landscape Plan of OVERTURE POINT CHESAPEAKE, Virginia Beach, Virginia, "prepared by MSA, P.C., dated March 2, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The amenities provided on the Site shall be substantially as depicted on the "Conceptual Amenities Plan, OVERTURE POINT CHESAPEAKE APTS, "prepared by MSA, P.C., and dated April 13, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. When the buildings are constructed, they shall be substantially in conformance, with regard to architectural design, number of stories, color scheme, and exterior building materials, as depicted on the elevations entitled "Point Chesapeake,"pages 1-6,prepared by Poole &Poole Architecture, LLC, dated March 26, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 4. As proposed, evidence of a Conditional Letter of Map Revision or a Letter of Map Amendment, as may be necessary to satisfy the applicable regulations of the Federal Emergency Management Agency for this Site, shall be submitted to the Planning Director prior to final Site Plan review approval, such that no structural fill is required in a "VE"Floodplain Zone in order to construct the structures. 5. Consistent with the concepts of the Shore Drive Corridor Plan adopted by the Virginia Beach City Council on March 28, 2000, the applicant shall provide an easement, subject to approval by the City Attorney's Office, of a sufficient width for the construction of an eight (8)foot wide public pedestrian/bicycle, ADA accessible pathway, with landscape amenities, on the applicant's property, that will connect to the City property adjacent to and under the bridge. June 16, 2015 -51- Item -IV-K.5 PLANNING ITEM#64971 (Continued) 6. A Landscape Plan shall be submitted during final Site Plan review to the Development Services Center depicting informal, naturalistic placement and maintenance of plant materials reflective of the native maritime forest species, tolerant of salt spray and wind. Along with added streetscape landscaping along the Ocean Shore Avenue cul-de-sac, additional plant material shall be installed throughout the Site, beyond that depicted on the exhibit identified in Condition 1 above. The final Site Plan shall not be approved until the Landscape Plan is deemed satisfactory by the Planning Director. 7. An iconic,freestanding feature shall be installed on the property as a visual amenity at the Cherry Tree Place/Shore Drive intersection. Said feature shall be depicted on the final site plan and submitted to the Planning Director for review and ultimate approval authority. 8. The freestanding identification sign for the apartment buildings shall be limited to a monument-style sign, no taller than eight (8) feet, externally lit, constructed with materials and colors that complement the exterior of the apartment buildings. 9. Other than a building-mounted sign over the vehicular or pedestrian entrance to the apartment buildings, no building identification signage shall be permitted. 10. No freestanding identification sign shall be permitted along Shore Drive or Cherry Tree Place. 11. Ground floor parking spaces shall be screened from view from all rights-of-way by the installation of a solid wall, minimum height of four (4)feet, at the base of the structure or within the split face CMU piers of the building, with building materials and colors compatible with the buildings'facades, or by other means acceptable to the Planning Director. 12. Trash compactors and dumpsters shall be screened from view from the rights-of-way, consistent with the Virginia Beach Landscaping Guide, with building materials and colors compatible with the buildings'facades. 13. The following shall not be located between the public rights-of-way and the buildings'facades unless screened by a method approved by the Planning Director: heating and ventilation equipment, generator, any other mechanical equipment, trash receptacles and compactors. 14. All easements, utility easements or otherwise, shall be identified on the final Site Plan. 15. Roof-mounted equipment shall be screened from view of all public rights-of-way and from any public open space. 16. A Lighting Plan shall be submitted during final Site Plan review to ensure consistency with the applicable Comprehensive Plan Design Guidelines. June 16, 2015 52 Item -IV-K.5 PLANNING ITEM#64971 (Continued) 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 Sixteenth day of June Two Thousand Fifteen. Voting. 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 -53- Item IV-K.6a PLANNING ITEM#64972 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council, ADOPTED, BY CONSENT, Ordinance upon Application of the CITY OF VIRGINIA BEACH to: a. REFERENCE the Green Sea Blueway and Greenway Management Plan as a component of the Comprehensive Plan 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 Sixteenth day of June, Two Thousand Fifteen. Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 1 AN ORDINANCE TO ADOPT AND INCORPORATE THE 2 GREEN SEA BLUEWAY AND GREENWAY MANAGEMENT 3 PLAN INTO THE COMPREHENSIVE PLAN 4 5 WHEREAS, the public necessity, convenience, general welfare and good zoning 6 practice so require; 7 8 WHEREAS, the Green Sea Blueway and Greenway Management Plan has been 9 developed with extensive input from the community and stakeholders including the City 10 of Chesapeake, Virginia and Currituck County, North Carolina; and 11 12 WHEREAS, the Green Sea Blueway and Greenway Management Plan is in 13 conformity with the Comprehensive Plan; and 14 15 WHEREAS, the Green Sea Blueway and Greenway Management Plan should be 16 adopted and incorporated as part of the Comprehensive Plan. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, 22 amended and reordained by: 23 24 The adoption by City Council of the City of Virginia Beach of the Green Sea 25 Blueway and Greenway Management Plan and its incorporation into the 26 Comprehensive Plan. Such document is made a part hereof, having been exhibited to 27 the City Council and is on file in the Department of Planning. 28 29 COMMENT 30 31 The ordinance amends the Comprehensive Plan by the adoption of the Green Sea Blueway 32 and Greenway Management Plan. 33 34 16th 35 Adopted by the Council of the City of Virginia Beach, Virginia, on this 36 day of June , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFI IENCY: , k _Planning D •artment City Attorney's O'ice CA13344 R-2 April 16, 2015 2 -54- Item IV-K.6b PLANNING ITEM#64973 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council, ADOPTED, BY CONSENT, Ordinance upon Application of the CITY OF VIRGINIA BEACH to: b. AMEND Section 801 of the City Zoning Ordinance (CZO) to ALLOW Veterinary establishments as a permitted use in the Office Districts This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixteenth day of June, Two Thousand Fifteen. Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 1 AN ORDINANCE TO AMEND SECTION 801 2 OF THE CITY ZONING ORDINANCE TO 3 ALLOW VETERINARY ESTABLISHMENTS 4 AS A PERMITTED USE IN THE OFFICE 5 DISTRICTS 6 7 Section Amended: City Zoning Ordinance § 801 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 801 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 ARTICLE 8. OFFICE DISTRICTS 19 20 Sec. 801. Use regulations. 21 22 (a) Principal and conditional uses. The following chart lists those uses 23 permitted within the 0-1 and 0-2 Office Districts. Those uses and structures in the 24 respective office districts shall be permitted as either principal uses indicated by a "P" or 25 as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 26 prohibited in the respective districts. No uses or structures other than as specified shall 27 be permitted. 28 29 Use 01 02 30 31 . . . . 32 33 Television or other broadcasting stations C C 34 35 Veterinary establishments, except for P P 36 boarding of animals 37 38 Wildlife rehabilitation centers C C 39 40 . . . . 16th Adopted by the Council of the City of Virginia Beach, Virginia, on the day of June , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (0,16etv-v6W10 Plannin'1 City Attorney's Office CA13345 R-2 April 23, 2015 2 -55- ITEM IV-L APPOINTMENTS ITEM#64974 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD—CSB PERSONNEL BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 II -56- ITEM IV-K APPOINTMENTS ITEM#64975 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: BRIAN A. KIR WIN Four-year term 07/01/2015- 06/30/2019 ARTS and HUMANITIES COMMISSION Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 -57- ITEM IV-L APPOINTMENTS ITEM#64976 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: NORMAN CARRICK FAITH CHRISTIE Three-year term 07/01/2015—06/30/2018 BAYFRONT ADVISORY COMMISSION Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 -58- ITEM IV-L APPOINTMENTS ITEM#64977 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: CHARLES W. GUTHRIE—At Large PAUL HAMAKER—Centerville CHRISTOPHER I.JACOBS—At Large PATRICIA KEELEY—Rose Hall WESLEY B.LAINE-Beach Three-year term 07/01/2015—06/30/2018 BEACHES and WATERWAYS ADVISORY COMMISSION Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 -59- ITEM IV-L APPOINTMENTS ITEM#64978 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: BEATRIZAMBERMAN SYLVIA N. STRICKLAND Three-year term 04/01/2015—03/31/2018 and APPOINTED MARY MATHINA Unexpired term thru 03/31/2016 plus Three-year term thru 03/31/2019 HUMAN RIGHTS COMMISSION Voting.• 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. Rosemary Wilson June 16, 2015 -60- ITEM IV-L APPOINTMENTS ITEM#64979 Upon NOMINATION by Council Lady Henley, City Council APPOINTED: BRAD MARTIN No term PROCESS IMPROVEMENT STEERING COMMITTEE Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 -61- ITEM IV-L APPOINTMENTS ITEM#64980 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: DR. MICHAEL D. SUMMERS Three-year term 07/01/2015—06/30/2018 and APPOINTED DR. MICHAEL G. DANIELS Unexpired term thru 08/31/2017 DR.MAMIE L. JOHNSON Unexpired term thru 08/31/2015 plus Three-year term thru 08/31/2018 PUBLIC LIBRARY BOARD Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. Rosemary Wilson June 16, 2015 II -62- ITEM IV-L APPOINTMENTS ITEM#64981 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: REBECCA CHALMERS Four-year term 07/01/2015—06/30/2019 TIDEWATER COMMUNITY COLLEGE BOARD Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. Rosemary Wilson June 16, 2015 II -63- ITEM IVLIf 63-ITEMIVLK APPOINTMENTS ITEM#64982 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: EARNEST A. COOPER Three-year term 06/01/2015—05/31/2018 TOWING ADVISORY BOARD Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Rosemary Wilson June 16, 2015 -64- Item -IV-0 ADJOURNMENT ITEM#64983 Acting Mayor Louis R. Jones, DECLARED the City Council Meeting ADJOURNED at 6:52 P.M. aqatate Amanda Finley-BB arn , CMC Chief Deputy City Clerk fiC"4ft6 .4.--e----uthHodges Fraser, MMC Vice Mayor Louis R.Jones City Clerk Acting Mayor City of Virginia Beach Virginia June 16, 2015