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FEBRUARY 7, 2017 MINUTES tNw eetc `rl 7 ■ VS vwel VIRGINIA �1E'ACw BEACH CITY COUNCIL Virginia Beach, Virginia February 7, 2017 Mayor William D. Sessoms, Jr., called to order the City Council Briefing on the 2040 VISION TO ACTION COMMUNITY COALITION in the City Council Conference Room, Tuesday, February 7, 2017, at 3:00 PM Council Members Present: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None Mayor Sessoms advised City Manager Hansen is in Federal Court and Tom Leahy, Deputy City Manager is here in his stead. Also, Mayor Sessoms advised he began a "Page"program and introduced Ian Lichacz. Ian is a student at Cox High School and a youth member of the Sister Cities Association of Virginia Beach (SCAVB) 2 CITY COUNCIL BRIEFING 2040 VISION TO ACTION COMMUNITY COALITION ITEM 066724 3:00 P.M. Mayor Sessoms welcomed Peggy Layne, Chair — 2040 Vision to Action Community Coalition. Mrs. Layne expressed her appreciation to the City Council for their continued support: VIRGINIPir.:_ ::.,:,` BEACH L`J .: "The future of Virginia Beach in our region" Vision to Action Community Coalition City Council Update February 7, 2017 City Council endorsed the 2040 Mission and the focus is to communicate and educate regional bodies with active engagement: Vision to Action Community Coalition Evaluation of Polkles. mS,uid D&Md$ . , February 7, 2017 3 CITY COUNCIL BRIEFING 2040 VISION TO ACTION COMMUNITY COALITION ITEM#66724 (Continued) Below are 2016 VTACC Coals 2016 VTACC Goals Community Outreach Raise the community awareness of Virginia Beach 2040 Vision • City Accountability Evaluate the alignment of City programs and services relative to the Vision Elements and Bold Steps • VTACC Membership Identify new/replacement VTACC members that complement the City's demographics. In 2016, VTACC has provided twelve (12) presentations, reaching over 380 citizens throughout the community. Also, VTACC participated in the VBCPS 'think tank"' Community Outreach cbdx IAt HumanitpesCommission A 4 rf' d 4 TI FIVE ^'ale" - ,`, ✓,. The der 40 Ne rv.wax ws„ Puha Bank February 7, 2017 4 CITY COUNCIL BRIEFING 2040 VISION TO ACTION COMMUNITY COALITION ITEM#66724 (Continued) VTACC formed "element teams" to focus on speck elements of the 2040 Vision. VTACC invited numerous speakers, both City Staff and partners of the City, in an effort to understand how the Department's vision tied in with the 2040 Vision: City Accountability Vision Element Update Update Diverse Community February Feb 2017 Thriving Economy March September Active Lifestyle A cll October Connected Community _ May November Learning Community Jura December Unique En,rorment August January 2011 Invited Speakers Dave Hansen,City Manager Will Sessoms,Mayor Bobby Mel atm.BeachStreet USA Mai le Hi ldenbrand.Parks&Recreation David Trimmer,Agriculture Director Dr,Tim Sorbet,Klett Consulting Group Steve Harrison. Economic (Broadband) evelopment Aslyn Hughes,City Manager's Office Dr.Donald Roberston,VBCPS Below is the VTACC Membership: VTACC Membership Peggy LayneChar Joe Voorhees,Vice Chair Georgia Alien Cindy Araho Jon Barney Edwina Bergan Carol Curl, Ina cnexr Crawl Edwards- Nmml[dans Kyle Kock harm kvasnv Martha McClees Cheryl Snowden" June-Snymc Be..m Weiner "Renewed New Membr re Diverse Engaged + Average monthly meeting attendance 75% + 2+VTACC members at each community presentation February 7, 2017 5 CITY COUNCIL BRIEFING 2040 VISION TO ACTION COMMUNITY COALITION ITEM#66724 (Continued) Below are the 2017 Goals. VTACC would like to increase the membership to twenty (20): VTACC 2017 Goals . Make at least I S . Develop a Vision Increase community 2040"Scorecard" membership to presentations . Use Open 20 . Incorporate Performance . Recruit members community Portal to monitor that complement organizations In Scorecard ! City Element progress demographics presentations . Host a Vision Partner forum VTACC used the City's "Performance Portal"to assist in the goal regarding "accountability": Welcome to the Virginia Beach Open 'gfilterInatirCEtc" '""' YID 1. u f:t 6 U February 7, 2017 6 CITY COUNCIL BRIEFING 2040 VISION TO ACTION COMMUNITY COALITION ITEM#66724 (Continued) Each element and bold step is important and inner-related in reaching the 2040 Vision. It is important to create a "connected community" and VTACC awaits the City's guidance since light rail is no longer a part of the Plan: From Vision to Reality... Uoo - O Mayor Sessoms expressed his appreciation to Mrs. Layne and the entire VTACC membership for all of their hard-work and dedication to the City. February 7, 2017 7 CITY MANAGER BRIEFINGS NON-EMERGENCY MEDICAL CALLS BILLING ITEM#66725 3:15 P.M. Mayor Sessoms welcomed David Hutcheson — Interim Fire Chief The City has seen a significant increase in non-emergency "lift assist"calls in the past few years; and, as such, the Fire Department felt it necessary to make City Council aware this causes a problem with Staffing, especially in emergencies. Chief Hutcheson advised the "lift-assist" calls essentially are calls to move an individual from their bed to sit in the living room. These calls increased 47%from 2014 to 2015 and an additional 37%from 2015 to 2016. Essentially, these calls have increased 80% in just two (2) years; and, as such, the Fire Department will be requesting City Council's consideration regarding an Ordinance to address the burden on Staffing. Chief Hutcheson explained the Ordinance, in no way, suggesting the City charge for "service". If a citizen calls for assistance, the Fire Department is coming to assist with NO CHARGE. The Department has received over 1,000 calls in two years from two citizens which has become problematic. The proposed Ordinance allows the City to charge after the sixth "lift-assist" call within one year. The department has also seen a steep rise in lift-assist"calls from private assisted living facilities within the City. The belief is the private facility does not want to expose their employees to being hurt with a potential worker's compensation claim. In an effort to avoid that, those facilities call the Fire Department. Chief Hutcheson advised the Emergency Services Department has created a 'pamphlet"in order to make sure citizens are aware of the assistive services offered in the City. February 7, 2017 8 CITY MANAGER BRIEFINGS RESTORT ENTERTAINMENT DISTRICT (DOME SITE) ITEM#66726 3:25 P.M. Mayor Sessoms welcomed Ronald H. Williams Jr., Deputy City Manager. Mr. Williams expressed his appreciation to the City Council for their continued support: Central Beach Entertainment District Below is an overview of the presentation.' Presentation Overview 201 . N,4,rI\Plan %Ns H u..c H Next S:ep. US'15r1ID February 7, 2017 9 CITY MANAGER BRIEFINGS RESTORT ENTERTAINMENT DISTRICT (DOME SITE) ITEM#66726 (Continued) City Council has established five(5) Strategic Plan Goals: City Strategic Plan Goals 2014-2019 Grow the Lova Lconomv Create a E norm ly Sustainable City Providing, Excellent Services B a Competrtive. Fist Class Resort'or Resi ents Busir esses. and Tec gists Inprcve he Transoortahoo System Revrtaloe Neighborhoods and Paan for the Future The Resort Area Strategic Action Plan was completed in 2008 to facilitate a change in development patterns for the Resort Area. The focus today is on the Central Beach District, also known as the "Entertainment District". This area represents 1.3% of the real estate acreage of the City yet yields a tremendous amount of revenue. The area serves as the "anchor"for visitors and tourism: Resort Area .b. L IIIIr 14, V / 't vim. —P >• ' - J c. tit a mr- February 7, 2017 10 CITY MANAGER BRIEFINGS RESTORT ENTERTAINMENT DISTRICT (DOME SITE) ITEM#66726 (Continued) The City hosted 13.9-Million visitors this past year: Total Number of Visitors ^ami• }ie` •�� m 13.9M M ane. uwm fled/ • •It 1 119aom •t•• 6.5M 16 ' � I 36% '110.936 23% This graph shows the growth in hotel demand and revenue since 1987. Since 2005. the City has seen an upward trend: Brand Development:Growth In Hotel Demand and Revenue IISSc. n'.$Mn Tread Rases* vs m ° sc; ta ; gA €! €1P & Ba § � � ¢1Sdois' din, so.n.m lmnnW n 1 Des) -"mime In woo) February 7, 2017 11 CITY MANAGER BRIEFINGS RESTORT ENTERTAINMENT DISTRICT (DOME SITE) ITEM#66726 (Continued) Again, the Resort Area Strategic Action Plan was completed in 2008 to facilitate a change in development patterns for the Resort Area. The development strategies included creating GREAT Districts with distinctive identities; improving connections between destinations,- concentrating retail; creating transitions from the Resort Area to neighborhoods and achieving a "year round resort" environment. Also the first of eight identified priorities is to develop the Dome Site as a major entertainment venue: 2008 Resort Area Strategic Action Ran The City has conducted a number of studies in and around the Resort Area: 2007 Hunter Interests Report eonvemlon Oenior Halo' Donor Site 2011 HVS AnaNsls 2016 vloms Study February 7, 2017 12 CITY MANAGER BRIEFINGS RESTORTENTERTAINMENT DISTRICT (DOME SITE) ITEM#66726 (Continued) The Goals of this Work-Plan is to develop the Resort Area into a year-round destination: GOALS Developing New Product U r�npourroti tnroj 'nto rrvunc r'. smatirn Sr . esstully oi•ryslo hr their o r sports narktl Sr :essfully r oml 'Ic in the roniron hus floss mnrkot Fnhrinrethr r my VIHH str t mlth sr,l:porbvo. ninstrurtur< rod I 'dectnae I rss til r•.on11 D neSi'c and the Convention Center Ab. ricthn I) nehitn ,ni.ns rI1 Gass. f niy-tnnndly mrz..r',use r; ve I nnonl Ihat m u res enter'nn r'¢. retail lin nr.and rt ur r Lial PHI on 1 th nigh ol. ^rIniLiny Lttl parkin sr 1 w a-nl ,I n u mudo' d qr LLoly arazmmoPate new devote pm ents Of course, Staff understands that the City must wait until the March 7"'deadline of the Arena's Financial Plan to understand how that potential project will fit into the District: Arena February 7, 2017 13 CITY MANAGER BRIEFINGS RESTORT ENTERTAINMENT DISTRICT (DOME SITE) ITEM#66726 (Continued) March 7th SI e .. 6A M1111 - r ,. VIBE District. '� ' 4 . __ R:' . / 17 it anon. s�ti{ lam; February 7, 2017 14 CITY MANAGER BRIEFINGS RESTORT ENTERTAINMENT DISTRICT (DOME SITE) ITEM#66726 (Continued) The ViBe District serves as a 'fabric of network"of how the community recognizes how arts and culture are imperative for economic growth and neighborhood revitalization. There are a number of creative businesses in the District, as well as numerous new and/or expanding businesses: i Viae 7; I. a- -3 District w '•.44 • • v r The City has committed to the infrastructure improvements around the District: Central Beach j -- Infrastructure _'Improvements � f 4i «n+a • fr". •iprit -i r .Q � aF„ I t*1 i'9y ^iY!!i February 7, 2017 15 CITY MANAGER BRIEFINGS RESTORT ENTERTAINMENT DISTRICT (DOME SITE) ITEM#66726 (Continued) The 191h Street Improvements are almost fully funded with completion of construction in the Spring of 2021: ViBe District Infrastructure Improvements G' The consensus element Staff is looking for is the "Dome Site Development": Dome Site Development r tiair-relliillie.— , i February 7, 2017 16 CITY MANAGER BRIEFINGS RESTORT ENTERTAINMENT DISTRICT (DOME SITE) ITEM#66726 (Continued) This rendering provides the map of the Dome Site Development' Development Site (-10.35 total acres) )71 Nal • 4a. • I 11 MI Below are the Prior Development Initiatives for this area: Prior Development Initiatives v � dn+i i snn a • 1 neon ,tL Pdi scr c € rBau .0 ixl f i inory i(., . .rn o Fro February 7, 2017 17 CITY MANAGER BRIEFINGS RESTORT ENTERTAINMENT DISTRICT (DOME SITE) ITEM#66726 (Continued) Below are the recommendations of the 2007 Hunter Interest Study for the Dome Site: 2007 Hunter Interest Study Recommendations for Dome Site A mixed use destination entertainment complex of the highest quality nrtr,lm Gnema .^'y 6;n nnrl Food fDaylimol . .sic,r, „hc Yldza f-oc ErJr.,arz:fAaNmWl,xo Doy Spn ( mIo..mvl Renlal Ap.nlmo,.;l> �I Sym o o, Icon LARC Concept yAi. February 7, 2017 18 CITY MANAGER BRIEFINGS RESTORT ENTERTAINMENT DISTRICT (DOME SITE) ITEM#66726 (Continued) Peterson Concept T' ir � 1• 04, � t I • r S :3� � ,r. • _ .. ~z\ „' The most important "lesson learned”by the City is 'placemaking" is critical to ensure the sustainability of the Resort Area: Lessons Learned To Date February 7, 2017 19 CITY MANAGER BRIEFINGS RESTORT ENTERTAINMENT DISTRICT (DOME SITE) ITEM#66726 (Continued) Also, it is important to create the right mix of uses: It is important to create the right mix of uses JI f � J The City received three (3) unsolicited proposals in late December and early January: Recent Interest LiattE + ._. a+M..r rwm.mrawly ~ rr�r.>n.e ata Nmm^. am.. .n'M� .n..puwap..0 UnolisislIPFAmtc.. Wriameeldwarsnimma nmao..r _ chc•Read m: aN.a vrv- a na .. i M February 7, 2017 20 CITY MANAGER BRIEFINGS RESTORT ENTERTAINMENT DISTRICT (DOME SITE) ITEM#66726 (Continued) With the sudden increase of interest, Staff recommends, through the Virginia Beach Development Authority, the City move forward with a "Request for Qualifications" (RFQ). This will ensure an adequate process for anyone interested in this project. The RFQ will ensure the responder will be encouraged to demonstrate their ability to transform the site into an entertainment venue, including the features and needs shown below: Request for Letter of Qualifications vlcrs re II b ..near:ragr Ir unonstratr thr r alLhty to tr.nsftmn Hi sit n'.o oc oni 1 imrnerilvo r I ;Llan SnCI' tnatur's as Fault-Plock mixer, user:! vraopmnn: Lntur Li iinu.nt conrniys ti nm um 35 0 so t Iry rent lnnmr t yortorniannr: venue Uni:im: of rete In mu-kcl rzr;.Iil Untrluc of nc.c Ir. r11or4c'l rast IL.r Hesiaonllal h1_1'.rxn as a pnrlary '.Iso V ar rounrl n Iramrninll attract ... toOathI .:Isand tourists The Convention Center is substantially being used for participating sports and other sports market events;however, that was not the intended of the use when constructed: . Convention - ter Potentia eld Noq : _ColiventiotrGentar'FS.tel,19evelopments; _ February 7, 2017 21 CITY MANAGER BRIEFINGS RESTORT ENTERTAINMENT DISTRICT (DOME SITE) ITEM#66726 (Continued) The Convention Center is missing the "key anchor" of a hotel in order to increase the conventions to be held in the City: Convention Center Underpedormmy in ronvonhan business cannot co mycete vvthoul -- hold Suhstantiui use lig pa«iagvatory spo«, hewovcr, P U,ncr: r r_ tr.nn ria:,a :- v. ni tis According to the recent study by Victur, the addition of a "Field House" would generate an estimated 21,000 new room nights and compliment the goals of the City: Field House e.an at • February 7, 2017 22 CITY MANAGER BRIEFINGS RESTORT ENTERTAINMENT DISTRICT (DOME SITE) ITEM#66726 (Continued) The Sports Marketing Team advises there is a huge market and interest for using a "Field House": Field House Scope 18 regulation hesclha. ism hs 1 .'r:ybdll Comfy convert tock tLell cnu45 D,ti.nnd for fl Ir us; tic 1 r.lor(I var ly :uns us:u11; :4[1, ::(rl arca t °.Ir:Ir loth . -.rm room r s�sns. . siroccITU ,h,nical ror. i I ¢ , ; an st umrs 1..O11:H- 151i.OMo erpidc I:,,..... A Field House would help the City achieve the year-round destination by utilizing the Field House during the "shoulder season": Field House Opportunity Estimated rvours F P a f per Mo nM1 "' IL—j” Pla - 0 IIi i it 1 � February 7, 2017 23 CITY MANAGER BRIEFINGS RESTORT ENTERTAINMENT DISTRICT (DOME SITE) ITEM#66726 (Continued) This graph names potential clients should the City have a Convention Center Hotel: Convention Center Hotel Opportunity EMENERM=1111111MIEIZEMEillifl +�l�l�l � M t.Bn nn1�n HEM= :� MPH �or,Pbleti,Pm'bn 7575 _—. This graph provides the Convention Center's competition: Convention Center Competition 55 4bien NbnB4be� Rf 94AB XWBBgsy Maws a. UAB Bhmk ni SM1aamn Bl,mngBvm757 125,OL adds Man Gula L.BN _ WPWnC SIOd. a MAW lwp nb 19200 Nalrelle Nwbx R91999 15000 F q LAO wesien ea mom WSI PYn Basal W] MOO February 7, 2017 24 CITY MANAGER BRIEFINGS RESTORT ENTERTAINMENT DISTRICT (DOME SITE) ITEM#66726 (Continued) In order to maximize potential for the Convention Center, the City would need to construct a Field House and a Convention Center Hotel. Staff has analyzed the market and believes an up-scale hotel within very close proximity would need to be constructed: Convention Center Hotel Need Ac ends enterhotel abrontln chill-s r.M1owlIM1a r cted to '.ntiu r r Inch or le sr 000 yu[ rooms aria suites wills at least 90.000 Sgue r. etemenundro %n:, .. < Jaarnott H� nZ "aT IBI. Hilton .LAJE:_Jn This chart provides an analysis of the Convention Center Hotel and Fieldhouse Market Segment Impact: cariveinlon Lerner Hotel and rlelanouse Market Segment Impact marketer Etee tare 8 _ February 7, 2017 25 CITY MANAGER BRIEFINGS RESTORT ENTERTAINMENT DISTRICT (DOME SITE) ITEM#66726 (Continued) This graph provides the Group Room Night Distribution: Group Room Night Distribution Depending on the future of the Arena and looking at the area as a whole, the diagram below provides the preferred location of the proposed Field House: Field House Preferred Location Area lir ta. b J•- 44 B rr a t ., y t� , ti r i t'y;4 a �.i. r„ . i,x mmlita it. 4 fre February 7, 2017 26 CITY MANAGER BRIEFINGS RESTORT ENTERTAINMENT DISTRICT (DOME SITE) ITEM#66726 (Continued) The rendering below provides the preferred location of the proposed Convention Center Hotel: Convention Center Hotel Preferred Locations y fl zoo: Lc fir, } v L 4i M //r 7.7 Parking February 7, 2017 27 CITY MANAGER BRIEFINGS RESTORT ENTERTAINMENT DISTRICT (DOME SITE) ITEM#66726 (Continued) Rather than using ratios in the normal planning and zoning tools, the City used Kimley-Horn's software to analyze "supply and demand": Park+ Analysis Tool oovr,lo,iud h�, KiirIcv- FL? ,r -"'�iarin Horn Ire the an.'rya' .__�_p e.,,,min�l.arnl�y.(lemann =-- — __ P,irk- I.:an _ _m-ring Ro-Ac—® me— _ _ __ I m • '�I or L • \\.n IF-- I AorL'. -In16 � nwiair# D,. This software can he used to model a variety of scenarios/ratios: What Can Be Modeled? Land Use Evalnallpn5 Pa rknd Intros uctwe Changes ic-I Parking Pr igen Changes Shared Para rid Arrangements `±i Tran spode tion Denleiid Mgt. Strategies February 7, 2017 28 CITY MANAGER BRIEFINGS RESTORT ENTERTAINMENT DISTRICT (DOME SITE) ITEM#66726 (Continued) Taking the "baseline scenario", the rendering below provides the parking for the Central Beach District at 2:00 P.M. during "peak season": d- 3 y,• Ii . kgas - — The rendering below provides the parking for the area in and around the proposed Dome Site and the "district"as a whole: q ;v .� ei. l racTrion1111•11 m. 1 ' 'n[ February 7, 2017 29 CITY MANAGER BRIEFINGS RESTORT ENTERTAINMENT DISTRICT (DOME SITE) ITEM#66726 (Continued) Below are the recommendations to meet the aggressive 2017 goals: Recommendations to meet Goals I Below are the potential funding sources for these proposed projects: Potential Funding Sources T tl P „I!E.I Pu(IL, , civ: el G.r_,c .Dis.i lct February 7, 2017 30 CITY MANAGER BRIEFINGS RESTORT ENTERTAINMENT DISTRICT (DOME SITE) ITEM#66726 (Continued) Below are the Next Steps: Next Steps February 8' -VBDA Issue RFC) lo' Dome Site A9arcII 7' -Arena Finanrcinq Deadline Ma c'I 10' —D m e Site RFC Responses Due Cor'in.le Analyzing Feld House Options Continue An _rg Conventio i Center H t eI Options 2017 Central „Tit r Beach Entertainment ; i Distr Conceptual � b Development g c t t Strategy ««xr..•• �...,�-�•N. ..tea ._ February 7, 2017 31 CITY MANAGER BRIEFINGS RESTORT ENTERTAINMENT DISTRICT (DOME SITE) ITEM#66726 (Continued) DISCUSSION Mayor Sessoms expressed his appreciation to Mr. Williams for this informative presentation. After discussion among City Council, the recommendation is to extend the time from the proposed March 10" date for an additional thirty (30)days. February 7, 2017 32 CITY MANAGER BRIEFINGS PRE-RETREAT STRATEGIC INPUT ITEM#66727 3:56 P.M. Mayor Sessoms welcomed Catheryn Whitesell, Director — STIR. Ms. Whitesell expressed her appreciation to the City Council for their continued support: THOUGHTS FOR COUNCIL RETREAT -- MANAGEMENT PERSPECTIVES The City Council established its "Vision" sometime ago and may want to take some time during the upcoming Retreat to consider updating the Vision to be more in line with the City's current Goals and Priorities: Virginia Beach is the leading City in Virginia. Virginia Beach is a community with Diverse,Distinctive Neighborhoods.a Diverse Local Economy,with Diverse Living Choices and an Effective Transportation System. Virginia Beach has a Beautiful Natural Setting and Resources,a First Class Resort,and a Vibrant Town Center. Our People enjoy Great Schools and Places to have Fun. "A Community for a Lifetime" February 7, 2017 33 CITY MANAGER BRIEFINGS PRE-RETREAT STRATEGIC INPUT ITEM#66727 (Continued) Below are the City Council 2016 Goals: Grow the Local Economy Create a Financially Sustainable City Providing Excellent Services Improve the Transportation System Revitalize Neighborhoods and Plan for the Future Be a Competitive, First Class Resort for Residents,Businesses,and Tourists February 7, 2017 34 CITY MANAGER BRIEFINGS PRE-RETREAT STRATEGIC INPUT ITEM#66727 (Continued) This graph provides the Department Initiatives supporting City Council Goals: 282 204 S7 11111 Some Programs/Initiatives serve multiple Goals (566 total initiatives reported, 777 support goals): OIL 4118 J8.3 a s x , 011/ ,P^ February 7, 2017 35 CITY MANAGER BRIEFINGS PRE-RETREAT STRATEGIC INPUT ITEM#66727 (Continued) This graph provides alternative grouping of Department Initiatives. The "rating system" is divided into seven (7) thematic sustainability goals; however, an eighth category of Innovation and Process is included. This supports the evolution of sustainability practice by recognizing best practices and processes, exemplary performance, innovation and regional collaboration: 310 130 165 165 163 120 98 tt 4,1 r' sa 9 February 7, 2017 36 CITY MANAGER BRIEFINGS PRE-RETREAT STRATEGIC INPUT ITEM#66727 (Continued) Below are the current trends impacting Departments: Social and Demographic Trends Technological Trends Environmental Trends Economic Trends Political Trends Below are the current social and demographic trends. For example, employee attrition and retention are impacted by changes in demographics and the benefits/compensation the City offers: Population shifts in income,race,ethnicity, age and"vulnerability' impact how we need to work The image of the City as an employer of choice is shifting. There are shifts in the demographics of the volunteers in various departments. February 7, 2017 37 CITY MANAGER BRIEFINGS PRE-RETREAT STRATEGIC INPUT ITEM#66727 (Continued) Below are the current Technology Trends: Millennials have an expectation of current technology platforms The workforce expects a level of connectivity wherever they are Service improvement is being brought about by the use of technology that makes data available The organization split over who drives/owns technology Below are the current Environmental Trends: Recognizing the increasing importance of managing water in and around the City Dealing with aging infrastructure and housing Maintaining the Green Line in the face of increasing development and stormwater impacts Capitalizing on artisanal experiences in food, �cu!cure and environment (Niche tourism) February 7, 2017 38 CITY MANAGER BRIEFINGS PRE-RETREAT STRATEGIC INPUT ITEM#66727 (Continued) Below are the current Economic Trends: Changing nature of work in the region Movement towards a greater diversification of the economy The need for service delivery partners,regionally and locally,as the nature of City services changes New jobs defined by new technologies and the --d to support them Below are the current Political Trends. For example, Citizens want more input into government and their decisions. Citizens are also asking for more transparency into the workings of government:: Localities are increasingly being left on their own as traditional funding sources are drying up Changes at the Federal level are evolving Citizens expect more from their government Distrust of the media with the advent of"fake news' February 7, 2017 39 CITY MANAGER BRIEFINGS PRE-RETREAT STRATEGIC INPUT ITEM#66727 (Continued) Below are the four(4) trends of concern across all Departments that repeatedly are expressed' The capability to collect,organize and interpret data to enhance decision making Demographic shifts in the city population and our ability to serve them Community Engagement; Engaging citizens in input,decisions,and feedback Providing services to citizens where they are Sustainment of Existing Assets Mayor Sessoms expressed his appreciation to Ms. Whitesell for this informative presentation and City Council is looking forward to the upcoming Retreat. February 7, 2017 40 CITY COUNCIL LIAISON REPORTS ITEM#66728 4:18 P.M. Council Lady Henley advised the Agriculture Advisory Commission met this past week She will be providing her 'full report" at the upcoming Retreat hut wanted just to let the City Council know they have good ideas. She was pleased to see how the STIR Office is factoring the issues the City is facing. February 7, 2017 41 CITY COUNCIL LIAISON REPORTS ITEM#66729 Councilman Davenport advised the Arts and Humanities Commission received a presentation from the Navy SEAL Foundation regarding the construction of the Nary SEAL Monument. This Monument will be located at 38" Street and is very impressive. The Monument will be one of only four Navy SEAL Monuments in the Country and he feels this is very befitting since the Navy SEALs originated in the City. February 7, 2017 42 CITY COUNCIL COMMENTS ITEM#66730 4:19 P.M. Councilman Dyer advised he was recently visiting with residents on Old Forge Road who had suffered significant flooding from Matthew. A few of those individuals mentioned the lady (her first name is Karen) that greets customers at the City Landfill is so friendly and cheerful. February 7, 2017 43 CITY COUNCIL COMMENTS ITEM#66731 (Continued) Council Lady Henley advised she felt the "Life Without Lightrail?- Let's Get Going" Transportation Forum held on January 31" was a good discussion. She appreciates the different aspects used in an attempt to get input from Citizens on this question. She posed the same question at the Princess Anne District Forum and it seems there is a "gap" in the entire system as the City did not have an alternative to Lightrail. Council Lady Henley expressed her desire to continue these discussions to get the input needed to improve the transportation system. She would like for these Forums to be held at least once a month at different venues and times throughout the City so we can get as much input and different opinions from the diverse community within the City. February 7, 2017 44 CITY COUNCIL COMMENTS ITEM#66732 (Continued) Councilman Moss agrees with Council Lady Henley's remarks. He held three (3) Town Hall Meetings to look at scenarios within the Revenue stream that will allow the City to get to the frequency and test it out to see if there is the participation to warrant the Forums. February 7, 2017 45 CITY COUNCIL COMMENTS ITEM#66733 (Continued) Councilman Moss provided his feedback of the new building. His thoughts were mainly from the perspective of the Citizens; however, he did suggest mimicking the newer buildings to encourage collaboration. The design of the hallways in newer buildings has "coves"with whiteboards. We need to make sure the building is a `learning"building rather than a "structural"building. February 7, 2017 46 CITY COUNCIL COMMENTS ITEM#66734 (Continued) Councilman Moss hopes to have an opportunity to discuss the fact the average household is 'poorer" today than in 2005. The projections are those same households will be poorer going forward and, as such, he hopes this subject is a major discussion at the upcoming Retreat. February 7, 2017 47 CITY COUNCIL COMMENTS ITEM#66735 (Continued) Councilman Moss asked the Staff provide the School Board Superintendent's "Estimate of Needs"prior to the Retreat. February 7, 2017 48 CITY COUNCIL COMMENTS ITEM#66736 (Continued) Councilman Moss will be providing to City Council (in the Friday packet) two (2)Resolutions relative to the disposition of the funds regarding Lightrail. The first Resolution is to establish a "Trustee Account" for the Revenues collected to-date. The Second Resolution is to Repeal the Taxes and Fees put into place for the things related to Lightrail no longer needed. February 7, 2017 49 CITY COUNCIL COMMENTS ITEM#66737 (Continued) Councilman Moss advised he attended the Tea Party meeting this past week at the Central Library regarding flooding". A lot of good questions were asked and the Citizen engagement way tremendous. February 7, 2017 50 CITY COUNCIL COMMENTS ITEM#66738 (Continued) Councilman Moss received a lot of questions and phone calls regarding the EXCESS City properly being sold and how the "winners"are chosen. He explained/he properties go to the "highest bidder", paying over $50,000 or more; however, the average price of the home was significantly less (approximately $30,000 less). The concern is not a lot of people are aware of these types of properties being sold. He suggested the City look at and consider different ways of advertising these sales. February 7, 2017 51 CITY COUNCIL COMMENTS ITEM#66739 (Continued) Council Lady Abbott advised she, too, spent a considerable amount of time looking at the City's EXCESS property. Her first instinct was the property might be an opportunity to solve the City's housing crisis and make more "affordable housing" without having to go to a Developer subsidy or cash-n-carry voucher. She feels it would be easier for someone her age to save several 'thousand dollars to purchase a piece of EXCESS property and use as collateral to build a home. She suggests DEFERRING the Ocean Bay Home to explore alternative option by allowing more Citizens to purchase the property. Councilman Uhrin agrees there may be some merit to consider in future EXCESS properties; however, he feels they should move forward on this particular item tonight. February 7, 2017 52 CITY COUNCIL COMMENTS ITEM#66740 (Continued) Council Lady Henley asked that the City put together a packet of all of the information the City has regarding the Norfolk Southern right-of-way to provide the public so everyone understands what possibilities are available. February 7, 2017 53 CITY COUNCIL AGENDA REVIEW SESSION ITEM#66741 4:30 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCE/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Article III of Chapter 26 re Charitable Solicitations b. Section 26-36 re Term of Solicitor Permits 2. Ordinance re Adult Learning Center, 4160 Virginia Beach Boulevard: a. APPROVE the sale and ALLOW the School Board to RETAIN the sale proceeds b. AUTHORIZE the acquisition of the Center from the School Board c. AUTHORIZE the use of$3.5-Million from Various Site Acquisitions II for the purchase 3. Ordinance to DECLARE the Property at 217 Middle Lane to be in EXCESS and AUTHORIZE the sale to JAMES NORRIS DISTRICT 6—BEACH 4. Ordinance to DECLARE the following properties EXCESS and AUTHORIZE the sale to OCEAN BAY HOMES, INC.: a. 1509/1513, 1515 Indiana Avenue b. 116, 117/119, 121/123 North Oceana Boulevard c. 1464/1466 Southern Boulevard d 229, 233 Roselynn Lane e. 1521, 1525, 1529 New York Avenue f 117/121, 125/127 Matt Lane 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property for SLN BANCROFT, LLC re: a playground and fencing at 1246 Bayne Drive DISTRICTS-LYNNHAVEN 6. Ordinance to AMEND the FY2016-17 Operating Budget of the Department of Housing and Neighborhood Preservation re:funding allocations for affordable housing 7. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Agreement between the Virginia Department of Agriculture and Consumer Services for partial reimbursement of the purchase of Agricultural Reserve Program (ARP)Easements 8. Resolution to SUPPORT Use of Local Funding for "Centerville Turnpike Phase III" 9. Ordinances to APPROPRIATE: a. $358,000 from the Police Federal and State Seized Assets Special Revenue Fund re police equipment and office renovation b. $29,893 from the Sheriff's Office Federal and State Seized Assets Fund re technical maintenance and support ITEM#4a/b/c/d/eef WILL BE CONSIDERED SEPARATELY MOSS WILL VOTE VERBAL NAY ON ITEM#2a/b/c MAYOR SESSOMS WILL ABSTAIN ON ITEM#4a/b/c/d/e/f COUNCIL LADY WILSON FILED DISLCOSURE FOR ITEM#5 ITEM#9a/b WILL BE CONSIDERED SEPARATELY February 7, 2017 54 AGENDA REVIEW SESSION ITEM#66741 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. FOURTH SHOT, LLC and DON BROCKWELL for a Conditional Use Permit re a Tattoo Parlor at 1017 Laskin Road DISTRICT 6-BEACH 2. JANICE P. FUCCI and BIRDNECK ASSOCIATES for a Conditional Use Permit re a Tattoo Parlor at 515 North Birdneck Road DISTRICT 6-BEACH 3. RICHARD SCOTT and LINDA B.ALLEN for a Conditional Use Permit re a Residential Kennel at 3769 West Neck Road DISTRICT 7-PRINCESS ANNE 4. PENNYMARIE S. LAZA USKAS for a Conditional Use Permit re Home-Based Wildlife Rehabilitation at 1704 Grindstone Court DISTRICT 3-ROSE HALL 5. EXPRESS OIL CHANGE & TIRE ENGINEERS and SARROW ONE, LLC for a Conditional Use Permit re Auto Repair at 2136 Princess Anne Road DISTRICT 7 - PRINCESS ANNE 6. ALEXANDER P. KNAB for a Variance to § 4.4(b) of the Subdivision Regulations re lot width at 316 Mace Hill Street DISTRICT 6- BEACH 7. LYNN PLAZA INVESTMENTS, LLC for a Variance to § 4.4 (b) of the Subdivision Regulations re lot width at 845 Lynnhaven Parkway DISTRICT 3-ROSE HALL 8. MANOUSOS ENTERPRISES, Inc. for a Variance to § 4.4 (b) of the Subdivision Regulations re a flag lot at 1337 Ferry Point Road DISTRICT 2-KEMPSVILLE 9. BIRDNECK STORAGE 2, LLC for a Conditional Chance of Zoning from R-10 Residential to Conditional I-1 Industrial District for redevelopment and self-storage at 1044, 1052 and 1054 Bells Road(Deferred September 6, 2016)DISTRICT 6-BEACH 10. TALLWOOD, LP for a Conditional Change of Zoning from PDH2 (R-5D Residential Duplex District overlay) to Conditional A-18 Apartment District at 5705 Schoolhouse Road DISTRICT 1-CENTERVILLE MAYOR SESSOMS WILL ABSTAIN ON ITEM#3 COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#6 COUNCILMAN WOOD WILL ABSTAIN ON ITEM#7 ITEM#9 WILL BE CONSIDERED SEPARATELY February 7, 2017 55 ITEMtt66742 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION,pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Kempsville District LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). • Home-Based Retail Firearm Sales • Lilley/Baillo Pit 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 February 7, 2017 56 17E4066742 (Continued) Upon motion by Councilman Uhrin, seconded by Council Lady Kane, City Council voted to proceed into CLOSED SESSION at 4:37 P.M. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None (Break 4:37 P.M. - 4:45 P.M.) (Closed Session 4:45 P.M. - 5:50 P.M.) February 7, 2017 57 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL February 7, 2017 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, February 7, 2017, at 6:00 P.M. Council Members Present Jessica P. Abbott, M. Benjamin Davenport, Robert Al. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Vice Mayor Louis R. Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at 297 Constitution Drive in Virginia Reach), and no longer has any involvement in Towne Bank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne Bank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If during his review of an agenda, he identifies a matter in which he has a "personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of January 13, 2015, is hereby made a part of the record. February 7, 2017 58 Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3)years ago, Fulton Financial Corporation ("Fulton Financial")purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a 'personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones'letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire Hathaway Home Services Town Realty ("Berkshire Hathaway'), which was formerly known as Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of transactions it handles in any given year, Berkshire Hathaway has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identibring any matters in which she might have an actual or potential conflict. If during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure Council Lady Wilson's letter of January 13, 2015, is hereby made a part of the record Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review each City Council agenda to idents any matters in which she might have an actual or potential conflict. If during her review of an agenda, she identifies a matter in which she has a 'personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Lady Wilson's letter of June 2, 2015, is hereby made a part of the record. Mayor Sessoms recognized and welcomed Webelos,Pack 350 Den 9 attending tonight's meeting. February 7, 2017 QobakEEtCb o4S vim_ p FALL \ s 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#66742 Page 56 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b)only such public business matters as were identified in the motion convening this Closed Session were heard,discussed or considered by Virginia Beach City Council. Hodges Fraser,MMC City Clerk February 7,2017 60 Item-VI-F MINUTES ITEM#66744 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of January 17, 2017. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara Al. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent None February 7, 2017 61 ADOPT AGENDA FOR FORMAL SESSION ITEM#66745 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION February 7, 2017 62 Item - VI-H.I MAYOR'S PRESENTATION ITEM#66746 VOLUNTEER RESOURCES Director James E.Parke Mr. Parke expressed his appreciation to City Council for their continued support of the Volunteer Resource Department. Mr. Parke advised Jbr F72015/16, the City had 15,510 Volunteers who contributed over 11-Million hours of time. This equates to over$27-Million and a 5.2 cent saving on the Real Estate Tax Rate. The attached Annual Report is hereby made a part of this record. Mayor Sessoms expressed his appreciation to each and every Volunteer. He truly feels the City could not provide the services offered without the wonderful dedication of the Volunteers. February 7, 2017 bh M- r• `j City of �i Virvir o- 8 Be9Gk1 qr Vllgovcom Crncaor no Cm Wawa (1117)>A4142rno I, n s FAX O ne.fl RW L1 2C1Cm.11mCUMIM wall.BEAM waaebot February 3, 2017 The Honorable William D. Sessoms, Jr., Mayor Members of City Council Subject: Office of Volunteer Resources Annual Report for FY2015-2016 Dear Council Members: Provided for your review is the Office of Volunteer Resource Annual Report for FY 2015-2016. Our dedicated volunteers, 15,510 strong, have served over 1.1 million hours of valuable service which equates to$27,015,674-a 5.2¢ saved on the Real Estate Tax rate. You will notice that the Office of Volunteer Resources has continued to evolve their Annual Report to a more fluid platform allowing the reader to see the human side of volunteerism. In addition to the statistical data, the team has included storytelling in the form of videos and infographics to display the value of volunteerism in a more digestible format. Please visit www.vboov.comlmoact for more information. City volunteerism allows vital city services to remain vibrant and intact. Please let me know if you have any questions or you may contact Jim Parke or Melissa Zibutis at 385- 4722. arils, David L. Hansen City Manager 113 Qty of Virginia Beach Volunteer Resources Putting Community in Government February 3,2017 Honorable William D. Sessoms Jr.,Mayor Members of City Council Dear Council Members: I am proud to provide you with our Fiscal Year 2015-2016 Annual Report.The Volunteer Resources program continues to prosper through the dedication of volunteer citizens,community partnerships and city staff. We are ever evolving the way we tell our story and we hope you find this new format for delivering the data useful and engaging. In FYI5-16, 15,510 volunteers dedicated 1.1 million hours in services valued at$27,015,674. This value equates to saving approximately 5.2 cents on each$100 of the real estate tax rate. We look forward to presenting you with the annual symbolic"check"written out to the City of Virginia Beach during the formal session on February 7. Based on the presented data,the City of Virginia Beach experienced a 7.4%drop in volunteerism. However,in working with the City Auditor's Office,we discovered that some of this issue can be attributed to restructuring volunteer opportunities to emphasize quality over quantity. In some cases,reporting deficiencies were discovered and we will be working to correct those. Staff believe the new Open Data platform will provide even greater opportunities for transparency for citizens and accountability in data entry. City volunteerism ensures that vital services that are part of what makes Virginia Beach a "Community for a Lifetime"remain intact. Our Volunteer Program would not be possible without the City Council's unwavering support. City Manager Dave Hansen,Deputy City Manager Ken Chandler,department directors and the more than 120 staff who serve as volunteer resource managers each provide the critical assistance that make our volunteerism efforts successfid. With great respect and_ loveLforour City, a o - vanL Cc/r J. ^ E.Parke ,r of Volunteer Resources VOLUNTEER IMPACT 1141) tdCl ...., ... 117—. 1/411111:Nr W-- it 41411.0.11 Virginia Beach Volunteers Are Putting Community in Government Irl Ck..P.c.,, 14. .-rs, 940 Animals Adopted from the storm Drains Marked Virginia Beach Animal Care by Volunteers and Adoption Center 114) 7,448 $120,785 Viskors were educated in Increased Savings by by volunteers az 31 Graduates of Bank On Virginia Beach Historic a Volunteer-Led Financial Museums Literacy Program 4 di- 21,500 76% Guests Aboard Struggling 1st Grade Readers Dolphin Discoveries Boat Trips Finished the School Year Staffed By Aquarium Volunteers Reading on Grade Level with the help of VB Reads Tutor-Mentors IA illiii . 112 , $302,416 Pound of Utter and Debris Value of Meals and Gifts Cleaned Up and donated rb Volunteers hinges In need Ili I la/ L 0 527 15,510 \ I. Volunteer Statistical Breakdown by Department FY 15-16 AarleMb* 311.55 1732906 1818 1,111 Budget end Mwgen ent Lrvleee 136 17..881 0.16 13 Clly Arorney 595 1116.3% 063 6 Cby Auditor 54 $1,2/2 003 1 City COS 4601 $114,625 234 17 Cby Menyph Olsce 6310 s's3370 113 8e commonweal*Sea q 4.033 665.016 194 24 Conwmis and Vbllor Bureau 1.031 124.296 0.6 20 Corals 11,127 628147 536 127 Cultural Minks 21.540 1307.077 1036 241 Some*awwlPPrlam 5664 11$fa+ 266 377 Emergency Cameekelbne a Cbban Unica 412 38.707 02 1 Emergency MenagenentNBCERt 14174 $345./18 705 313 Emergency Medical service* 381.04 *507.131 1716 1,056 Finance 2117 370M 014 14 Fre 17.156 $404.195 825 54 M.Mry Muaana 104 123111 048 96 Housing a NNgMerlrood PINevsnn 055 122,730 0.46 75 Human Rosana 1266 626537 051 24 Menem Services 14.200 134.708 183 178 blbnation Fecbnningy 1.971 544437 095 M usrea* 23247 1547.702 11.18 701 Pars end RrerWon 10.341 52662508 5209 7.1% Pbmneg a Cammunity Development 2282 S53,763 11 90 Pole 70,411 4181.130 3385 660 Pubic Halm 8,306 1148553 303 653 Pubic Van 122 12.974 006 U Public Werke 3214 576.182 155 222 Sher 347.19 M,171601 1M1 979 Seategb Growth Nee(300 727 47.116 0.35 73 VbeniaAitswom MA% lUCAS7 lb 65 1.356 CITY Of VNGINA BEACH 111 OFFICE OF VOLUNTEER RESOURCES www vbaev m/velunbe( _ Yafi YBW 63 Item - VI-Ll PUBLIC HEARING ITEM#66747 Vice Mayor Jones DECLARED A PUBLIC HEARING: E. George Minns, Seatack Civic Community League—President, spoke in OPPOSITION Mr. Minns expressed concern regarding this one company purchasing these properties. EXCESS CITY PROPERTY a. 1509/1513, 1515 Indiana Avenue. b. 116, 117/119 and 121/123 N. Oceana Boulevard with adjacent vacant lot c. 1464/1466 Southern Boulevard d. 229, 233 Roselynn Lane e. 1521, 1525, and 1529 New York Avenue f 117/121 and 125/127 Matt Lane g. 217 Middle Lane There being no additional speakers, Vice Mayor Jones CLOSED THE PUBLIC HEARING February 7, 2017 64 Item - VI-L2 PUBLIC HEARING ITEM#66748 Vice Mayor Jones DECLARED A PUBLIC HEARING: Diana Howard, advised Citizens have voiced their opinion and voted not to move forward with Lightrail. Ms. Howard has heard two (2)statements; one by the City Manager and one by the Mayor suggesting the City pay the State in increments of$5-million for 4 years. Ms. Howard objects to this repayment schedule as the City has taxed the citizens since 2014. The City has the funds to repay the$20-Million in one lump-sum payment and should go ahead and repay the State. Also, Ms. Howard requested the City Council REPEAL the taxes for Lightrail sending the message to everyone that Lightrail is indeed "dead". EASEMENT Norfolk Southern Railroad right-of-way There being no additional speakers, Vice Mayor Jones CLOSED THE PUBLIC HEARING February 7, 2017 65 Item- VI-J ORDINANCES/RESOL UTIONS ITEM#66749 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT:Agenda Items la/b,2a/b/c(MOSS VERBAL NAY),3, 5, 6, 7 and 8 Voting: 11-0 Council Members Voting Aye. Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 7, 2017 66 Item -VI-J.la ORDINANCES/RESOLUTIONS ITEM#66750 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: a. Article III of Chapter 26 re Charitable Solicitations Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara Al Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John K Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 7, 2017 1 AN ORDINANCE TO AMEND ARTICLE III OF 2 CHAPTER 26 OF THE CITY CODE 3 PERTAINING TO CHARITABLE 4 SOLICITATIONS 5 6 Sections Amended: 26-49; 26-50; 26-51; 26- 7 52; 26-53; 26-54; 26-55; 26-56; 26-57; 26-58; 8 26-59; and 26-60 9 10 Sections Deleted: 26-61; 26-62; 26-63; 26-64; 11 26-65; 26-66; 26-67; 26-68; 26-69; 26-70: 26- 12 71; and 26-72 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That sections 26-61, 26-62, 26-63, 26-64, 26-65, 26-66, 26-67, 26-68, 26-69, 26- 18 70, 26-71, and 26-72 of the Code of the City of Virginia Beach, Virginia are hereby 19 repealed, and that Article III of Chapter 26 of the City Code is hereby amended and 20 reordained to read as follows: 21 22 Sec. 26-49. Definitions. 23 24 All definitions of words and phrases contained in the Code of Virginia § 57-48 are 25 hereby adopted and shall apply to such words and phrases when used in this article 26 unless clearly indicated to the contrary. 27 28 : • . - 29 m anings respectively ascribed to them by this section: 30 Charitable organization: Any person which is or holds itself out to be organized or 31 operated--for . • . . . -. .. _ _ _ - _ ,. .. .. . . •• he 32 public-er--ebtaias contributions solicited from the public. This definition shall not—be 33 deemed to include any church or convention or as..ociation of-shwshes—primarily 36 section 24.1 1 of the Code of Virginia, or any political campaign committee required by 37 stats a -:- _ : -::- : _.. _. - .:- '• :- . -- - :-•:' . . 38 shall the definition include any labor union registered under section 90.1 76 of the Code 39 of Virginia, or any trade as.,ociation; nor shall the definition include any authorized 42 definition of charitable orgm'zation. - - - - - - - 1 43 Charitable purpose: Any charitable, benevolent, humane, philanthropic or 44 - -- -- . - et . e the purpose of influencing legislation or influencing the 45 actions of any public official or instigating, prosecuting or intervening in litigation. 46 City-manager The city manager or a member of his staff 47 to whom he may delegate his duties under this article. 48 Civic organization: Any local service club, veterans' post, fraternal society or 49 association, volunteer fire or rescue group or civic I ague or association of ten (10) or 50 more persons not organized for profit, but operated exclusively for oducational or 51 charitable purposes, as defined herein, including the promotion of community welfare, 52 and the net arnings of which arc devoted exclusively to charitable, educational, 53 recreational or social welfare purposes. 5455 as..istanco or property of any kind of value, including thopromiso to contribute, except 56 payments by the membership of an organization for membership fees, dues, finos-sr 58 - • e ee.• .. . .- ee - . .. .. _ - .. - 60 2 of chapter 8 of-title 32.1 (§ 32.1 289 et see, ) of the Code of Virginia. 61 Fodoratod fund raising organization: Any federation of independent charitable 62 iz ch- have voluntarily joined together, including, but not limited to, a 63 United Fund or Community Chest, for purposes of raising and distributing money for 64 - •. .... ..• . ... . .. . . . .. ... : e ee- . '-sauthorityand 65 control of the individual agencies upon the federated group organization. 66 Fund raising oxponsos: The expenses of all activities that constitute or are an 68 Membership: Those •ersons to - -• -- - -- - - - - • 70 profes..ional standiam heneror othor diroct benefit, in addition to the right to vote, elect 71 officers or hold offices. The term "membership" shall not include those persons who aro 73 Parent organization: That part of a charitable organization which coordinates, 74 supervises or exercises control over policy, fund raising and expenditures, or assists or 76 Porson: Any individual, organization, trust, foundation, ac ociation, partnership, 77 corporation, society or other group or combination acting as a unit. 78 Professional fund raising counsel: Any person who, for a flat fixed fee under a 79 written agreement, plans, conducts, manages, carries on, advises or acts as a 81 on behalf of, any charitable or civic organization, but who actually solicits no 82 contributions as part of such services. A bona fide salaried officer or employee of a 83 -e. • -e e - -•• e • - . . e e e e_ -. _ 'e • e of a registered parent organization shall 84 not be deemed to be a profes..ional fund raising counsel. 85 87 solicitation of contributions is performed personally or through his agents, servants or 2 90 under the direction of such person; or any person who, for a financial or other 91 consideration, plans, conducts, manages, car -- - . . . - -e - _ e 93 : : a : .- - . : e e •. _ •e :: _ e 94 employee of a registered or exempt charitable organization or of a registered parent 96 Sale; soil; sold: The transfer of any property or-the rendition of any sorvicc to any 97 e- e - - .- . •e- e .e • . b •, including e_ ._ _ :_ . . 99 been rendered. 100 Solicit; solicitation: The request or app al, directly or , e -It- 101 -101 on the pl a or representation that such contribution will be used for a charitable 102 purpose, including without limitation, the following methods of requesting such 103 6oft48atiO13S 104 (1) 105 ' • . . -• . . 106 (2) 107 Any announcement to the pre^c, over the radio or television, or by telephone er 108 - •e .e •-. • : _ ss _ - -• e_'e- • - e_ : _ -_ 109 e •• . - . .e• e • e . : : _e • . 110 (3) 111 The distribution, circulation, posting or publishing of any handbill, written 112 .: - ••-• - e •- :. : 'e . -- -- 113 obtain public support. 114 (4) 115 The sale of, or any offer or attempt to sell, any advertisement, advertising space, 116 subscription, tickot or any service or tangible item in connection with which any 117 118 organization is used or referred to in any such app al as an inducement or 119 r ason for making any such sale, or when or where, in connection with any 120 such sale, any statement is made that the whole or any part of the proceeds 121 from any such sale will be donated to any charitable purpose. 122"Solicitation," as defined herein, shall be deemed to occur when the request is made, at the 124 receives any contribution. 125 126 COMMENT 127 128 This change allows the incorporation of definition provided by Virginia Code§ 57-48. 129 130 Sec. 26-50. Exemptions from article generally. 131 132 The following organizations are exempt from the registration requirements of this article: 133 (a) Nothing in this article shall be construed as being applicable to The American Red 134 Cross or any of its local chapters; 3 135 136 (b) Ne- A charitable organization shall be required to comply with the provisions of this 137 article, if ouch organization hoc registered with the state commissioner of agriculture 138 and consumer services or if such organization is a chapter, branch or affiliate included 139 in the consolidated report of an organization or federated organization which is so 140 registered; 141 142 (c) A church or political organization- 143 144 (d) Educational institutions that are accredited by the Board of Education, by a regional 145 accrediting association or by an organization affiliated with the National Commission on 146 Accrediting, the Association of Montessori Internationale, the Virginia Independent 147 Schools Association, or any similar organization; 148 149 (e) Organizations which have no office within the city and which solicit in the city from 150 without the commonwealth solely by means of telephone or telegraph, direct mail or 151 advertising in national media- 152 153 (f) Organizations which solicit only within the membership of the organization by the 154 members thereof. 155 156 (g) Health care institutions defined herein as any facilities that have been granted tax- 157 exempt status under section 501(c)(3) of the Internal Revenue Code, and that are (i) 158 licensed by the Department of Health or the Department of Mental Health, Mental 159 Retardation and Substance Abuse Services; (ii) designated by the Health Care 160 Financing Administration (HCFA) as federally qualified health centers; (iii) certified by 161 the HCFA as rural health clinics; or (iv) wholly organized for the delivery of health care 162 services without charge; and any supporting organization which exists solely to support 163 any such health care institutions. For purposes of clause (iv), "delivery of health care 164 services without charge" includes the delivery of dental, medical or other health services 165 where a reasonable fee is charged to cover administrative expenses. 166 167 (h) Civic organizations- 168 169 (i) Any museum that has registered with the Commissioner as required by § 57-49 170 Code of Virginia; and 171 172 (I) Organizations that have been granted tax-exempt status under section 501(c)(3) of 173 the Internal Revenue Code and that are organized wholly as Area Health Education 174 Centers in accordance with § 32.1-122.7 of the Code of Virginia. 175 176 COMMENT 177 178 This section consolidates exemptions previously set forth in the definitions sections and 179 exemptions in currently sections 26-50 and 26-51. 180 4 181 Sec. 26-51. - - - • - - - - - • - - . . -._Licensing of charitable 182 organizations; prohibition against support of terrorists. 183 184 fa) If an entity not subiect to this chapter by operation of the definitions contained in $ 185 57-48 of the Code of Virginia or section 26-50 of this article wishes to voluntarily obtain 186 a license at no cost, such organization shall submit, before any solicitation, to the 187 commissioner of the revenue or designee, on form to be prescribed by him or her, the 188 name, address and purpose of the organization and a statement setting forth the reason 189 for the claim for exemption. If exempted, the commissioner of the revenue or designee 190 shall issue a letter of exemption which may be exhibited to the public. The letter of 191 exemption shall remain in effect as long as the organization continues to solicit in 192 accordance with its claim for exemption. 193 194 (b) Every charitable organization, except as otherwise provided herein, which intends 195 to solicit contributions within the city, or have funds solicited on its behalf, shall, prior to 196 any solicitation, file an initial license application with the office of the commissioner of 197 the revenue upon forms acceptable to him. Each license application shall thereafter be 198 refiled on or before the first day of the fourth calendar month of the next and each 199 following fiscal year in which such charitable organization is engaged in solicitation 200 activities within the city. It shall be the duty of the president, chairman or principal officer 201 of such charitable organization to file the license application required herein. Such 202 license application shall contain the following information: 203 204 (1) The name of the organization and the purpose for which it was organized 205 and the name of any fictitious names of such organization. 206 207 (2) The principal address of the organization, the address of any offices in the 208 city and its designated agent for process within the commonwealth. If no such 209 agent is designated, the organization shall be deemed to have designated the 210 secretary of the commonwealth. If the organization does not maintain an office 211 the statement shall include the name and address of the person having custody 212 of its financial records. 213 214 (31 The names and addresses of any chapters, branches or affiliates in the city. 215 216 (4) The place where and the date when the organization was legally 217 established, the form of the organization, and a reference to any determination of 218 its tax-exempt status under the Internal Revenue Code. 219 220 (5) The names and addresses of the officers, directors, trustees and the 221 principal salaried executive staff officer. 222 223 (6) The general purpose or purposes for which the contributions to be solicited 224 shall be used. 225 5 226 (7) A statement indicating whether the organization, or any officer, professional 227 solicitor or professional fund raiser thereof, has ever been convicted of a felony 228 and, if so, a description of the pertinent facts. 229 230 (c) Every license application shall include the following language: 231 "No funds have been or will knowingly be used, directly or indirectly, to 232 benefit or provide support, in case or in kind, to terrorists, terrorist 233 organizations, terrorist activities, or the family members of any terrorist." 234 235 (d) No person shall be licensed by the commissioner of the revenue to solicit funds that 236 are intended to benefit or support terrorists, terrorist organizations or terrorist activities. 237 238 (e) The registration forms shall be signed by an authorized officer of the charitable 239 organization. 240 241 (f) Every charitable organization which submits an independent registration to the 242 office of the commissioner of the revenue shall pay an annual license fee of ten dollars 243 ($10.00). A parent organization filing on behalf of one or more chapters, branches or 244 affiliates or a federated fund-raising organization filing on behalf of its member agencies 245 shall pay a single annual license fee. All fees paid hereunder shall be credited to the 246 office of the commissioner of the revenue for reimbursement of administrative 247 expenses. 248 249 (a) The following shall be xa pt from the registration requirements of section 26 250 - _ • : • - -e . - •- • e -_ 'e• i : ,-but- shall otherwise be subject to the 251 provisions of this article: 252 e . .. .e -- - . - --recognized by the state superintendent of 253 public instruction or that arc accredited by a regional accrediting association or 254 by an organization affiliated with the-National Commie ion on Accrediting, the 255 256 a_ •: . a • _ : . _ a _.. _. a _ 257 -a _ __ a •_ . •a a •_ -a . .. a •_ _ a __ _ 258 selieitatien-ef-contributions to its student body, alumni, faculty and trustees, and 259 their families. 260 (2) Persons requesting contributions for the relief of any individual specified by 261 name at the time of-the-solicitation, when all of the contributions collected, 262 without any deductions whatsoever, are turned over to the named beneficiary 263 for his use. 264 (3) Charitable organizations which-de-not intend to solicit and receive, during a 265 calendar y or, and have not actually raised or received, during any of the three 266 (3) next preceding calendar y ars, contributions from the public in execs., of 267 five thousand dollars ($5,000.00), if all of their functions, including fund raising 268 269 part f-th ^sects or income inures to the benefit of or is paid to any officer or 270 _. .. _ 271 such is or is not received by any charitable organization during any calendar 272 y or, shall be in excess of five thousand dollars ($5,000.00), it shall, within 6 273 thirty (30) days after the date it shall have received total contributions in exce^c 274 - •• ' - -- :: .,. .. .. - •- - ._ .. . . :. 275 as required by this article. 276 (0) Organizations which have no office within the city and which solicit in the 277 a .. . . _e .. .. _ . . - - - - '• -- • - _ _ _ _ - 278 direct mail or advertising in national media. 279 (5) Organizations which solicit only-within-th&. membership of the organization 280 by the members thereof. 281 (6) H alth care institutions which have been-granted . • - - . - 282 283 . . . _.. . . . 284 (7) Civic organizations. 285 (b) No charitable or civic organization shalt • this section unlere it shall 286 submit, before any solicitation, to the city manager, on form to be prescribed by him, the 287 name, address and purpose of the organization and a statement setting forth the r ason 288 for the claim for exemption. Parent organizations •• - - -- - - - - - -- -- e 289 exemptions for any chapters, branches or affiliates which they believe to be exempt 290 from the registration provisions of this article. If exempted, the city manager shall is..uc 291 a letter of exemption which may be exhibited to the public. No registration fee shall be 292 required of any exempt organization. The letter of exemption shall remain in effect as 293 long as the organization continues to solicit in accordance with its claim for exemption. 294 295 COMMENT 296 297 This section has been re-organized and updated to conform to state law. The 298 Commissioner of the Revenue will be the licensing agency for the City. 299 300 Sec. 26-52. - . . - - •• - • ' • • - •• . •'.'- . "- . Time and effect of 301 licensure. 302 303 (a) Licenses by charitable organizations are effective, if complete, when approved by 304 the commissioner of the revenue. Incomplete license application forms and license 305 application forms lacking required accompanying documents shall not be approved until 306 completed or until the required accompanying documents are received by the 307 commissioner of the revenue. 308 309 (b) If the commissioner of the revenue at any time determines that (i) the requirements 310 of section 26-51 have not been met or (ii) the licensee is violating any requirement of 311 section 26-57, then the commissioner of the revenue may suspend the license until the 312 licensee meets the requirements or complies and provides evidence thereof satisfactory 313 to the commissioner of the revenue. If the licensee does not provide sufficient evidence 314 to reinstate the license within 30 days of the suspense, the license shall be revoked 315 and such revocation shall be final subiect to section 26-60. 316 317 The city manager may enter into a reciprocal agreement with the appropriate 318 authority of any other municipality within the commonwqalth for the purpose of 7 319 exchanging information with respect to charitable organizations, professional fund 321 manager may accept information filed by charitable organizations, professional fund 322 - •_ t t _ _ - -- . :: .t -e 323 t.. ' • - :•• ••: • -- •, '• -_ t -e '- : motion required to be filed by this 324 article. 325 326 COMMENT 327 328 This section moves the licensure requirement toward the beginning of the article. The 329 section regarding reciprocal agreements is moved to 26-55. 330 331 Sec. 26-53. • - t - • - - - • - - - • - - acts or--omissiens-or-desrease 332 . Charitable solicitation disclosure. 333 334 Every professional solicitor who solicits contributions from a prospective contributor in 335 the city: (i) shall identify himself and his employer; (ii) shall disclose that he is a paid 336 solicitor; and (iii) shall notify the prospective contributor that a financial statement for the 337 last fiscal year is available from the State Office of Consumer Affairs. Such disclosure 338 shall comply with the requirements set forth in the Rules Governing the Solicitation of 339 Contributions promulgated by the Board of the Virginia Department of Agriculture and 340 Consumer Services. 341 342 Nothing contained in this article shall be construed as making lawful any act or 343 omiajon wheh-is new unlawful, or as decreasing the liability, civil or criminal, of any 344 person imposed by-existing laws. 345 346 COMMENT 347 348 This new section mirrors the disclosure requirements provided by Virginia Code § 57-55.2. 349 The section about unlawful acts is moved to 26-59. 350 351 Sec. 26-54. App als from orders under article. Records to be kept by 352 organizations. 353 354 Every charitable organization required to be licensed with the city shall keep true fiscal 355 records for all fiscal years in accordance with the standards set out in section 57-53 of 356 the Code of Virginia. Such records shall be retained for a period of at least three (3) 357 years after the end of the period to which they relate. 358 359 Any person aggrieved by any final order of the commis.,ioner of the revenue under this 360 article, denying such person any right to which he is entitled under law, may, within 361 fifteen (15) days from the data of such order, apply for relief to the circuit court of the 362 city. Either party may app al any final order of such court in the same manner as 363 provided by law in cases other than cases of appeals of right. 364 365 COMMENT 8 366 367 The state law requires records to be kept. The section providing appeals is moved to 26-60. 368 369 370 Sec. 26-55. Irwectigations to enforce ^rt'^' Reciprocal agreements with other 371 municipalities. 372 373 The commissioner of the revenue may enter into a reciprocal agreement with the 374 appropriate authority of any other locality within the commonwealth for the purpose of 375 exchanging information with respect to charitable organizations. Pursuant to such 376 agreements, the commissioner of the revenue may accept information filed by 377 charitable organizations with the appropriate authority of another locality within this 378 commonwealth, in lieu of the information required to be filed by pursuant to § 26-51. 379 380 The city manager, upon his own motion or upon the complaint of any person, may 381 investigate any charitable or civic organization, profcscional fund raising counsel or 382 profcs.,ional solicitor to determine whether such charitable or civic organization, 383 profes..ional fund raising counsel par profercional solicitor has violated any of the 384 provisions of this-article. 385 386 COMMENT 387 388 This section is former 26-52, which authorizes reciprocal agreements with other localities. 389 The investigation provision is moved to the enforcement discussion in 26-58. 390 391 Sec. 26-56. Renally--foc-vielati©ns-of--article: Information filed under article to 392 constitute public records; charge for copies thereof. 393 394 License application and all other documents and information required to be filed under 395 this article shall become public records in the office of the commissioner of the revenue 396 and shall be open to the general public for inspection at such time and under such 397 conditions as the commissioner of the revenue may prescribe. A charge, not exceeding 398 one dollar ($1.00) per page, may be made for any copy of such documents and 399 information as may be furnished any person by the commissioner of the revenue. 400 401 . . . e- e. -a . -- .e .. - - -- - - e e- - .• - - 402 403 .. .. -a, -_ e . .. . . .e - -• _ - . . . 404 :. rr re .e .. . _ '_ •e .. _ - .. . - 405 more than six (6) months, or both; and, for the second and any subsequent offense, to 408 both, 409 410 COMMENT 411 9 412 This section is former 26-64. The violation language is moved to the enforcement and 413 penalty discussion in 26-58. 414 415 Sec. 26-57. Actiens-to-enjoin-violations of article. Prohibited acts. 416 417 (a) No charitable organization shall use or exploit the fact of licensing under this article 418 so as to lead the public to believe that such license in any manner constitutes an 419 endorsement or approval by the city. The use of the following statement shall not be 420 deemed a prohibited exploitation, "Licensed with the commissioner of the revenue is 421 required by law. Licensure does not imply endorsement of a public solicitation for 422 contributions." 423 424 (b) No person shall, in connection with the solicitation of contributions or the sale of 425 tangible personal property or services represent, or lead anyone by any manner 426 means, practice or device whatsoever to believe, that the person on whose behalf such 427 solicitation or sale is being conducted is a bona fide charitable organization or that the 428 proceeds of such solicitation or sale will be used for charitable purposes, if he has 429 reason to believe such not to be the fact. 430 431 (c) No person shall, in connection with the solicitation of contributions or the sale of 432 tangible personal property or services for charitable_purposes, represent or lead anyone 433 by any manner, means, practice or device whatsoever to believe, that any other person 434 sponsors or endorses such solicitation of contributions, sale of tangible personal 435 property or services for charitable purposes or approves of such charitable purposes or 436 a charitable organization connected therewith when such other person has not given 137 written consent to the use of his name for these purposes. 438 439 Any member of the board of directors or trustees of a charitable organization or any 440 other person who has agreed either to serve or to participate in any voluntary capacity 441 in the campaign shall be deemed thereby to have given his consent to the use of his 442 name in said campaign. Nothing contained in this section shall prevent the publication 443 of names of contributors without their written consents, in an annual or other periodic 444 report issued by a charitable organization for the purpose of reporting on its operations 445 and affairs to its membership or for the purpose of reporting contributions to 446 contributors. 447 448 (d) No person shall denominate any membership fee or purchase price of goods or 449 services sold, as a contribution or as a donation or in any other manner represent or 450 imply that the member or the purchaser of such goods or services will be entitled to an 451 income tax deduction for his cost or any portion thereof unless: 452 453 (1) there shall have been first obtained a signed opinion of counsel or an Internal 454 Revenue Service ruling or determination letter holding such cost to be deductible 455 or 456 457 (2) the member or purchaser is informed in writing that such cost may not be 458 deductible. 10 459 460 No person shall represent or imply that a contributor will be entitled to an income tax 461 deduction for his contribution unless a signed opinion of counsel or an Internal Revenue 462 Service ruling or determination letter holding gifts to such organization to be so 463 deductible has been obtained. 464 465 (e) No person shall make any representation that he is soliciting contributions for or on 466 behalf of a charitable organization or shall use or display any emblem, device or printed 467 matter belonging to or associated with a charitable organization for the purpose of 468 soliciting or inducing contributions from the public without first being authorized to do so 469 by the charitable organization. 470 471 (f) No professional solicitor shall solicit in the name of or on behalf of any charitable 472 organization unless such solicitor has: 473 474 1. Written authorization of two officers of such organization, a copy of which shall 475 be filed with the commissioner of the revenue. Such written authorization shall 476 bear the signature of the solicitor and shall expressly state on its face the period 477 for which it is valid, which shall not exceed one year from the date issued. 478 479 2. Such authorization with him when making solicitations and exhibits the same 480 on request to persons solicited, or police officers. 481 482 (q) No charitable organization shall accept any contribution exceeding five dollars ($5) 483 in cash or tangible property without providing, on request of the donor, a written receipt 484 acknowledging such contribution on behalf of the organization. 485 486 (h) No person, and no organization of which such person is an officer, professional 487 fund-raising counsel or professional solicitor, shall solicit within this locality if: 488 489 1. Such person has been convicted in any jurisdiction of embezzlement, larceny 490 or other crime involving the obtaining of money or property by false pretenses or 491 the misapplication of funds impressed with_a trust, unless such person has 492 received a pardon for such offense or the public is informed of such conviction in 493 a manner approved in writing by the commissioner of the revenue before any 494 solicitation occurs; or 495 496 2. Such person has ever been enjoined by any court or otherwise prohibited from 497 soliciting in any jurisdiction, unless the commissioner of the revenue first 498 determines in writing that such person is entitled to solicit in such jurisdiction at 499 the time of soliciting within the city or that the reason for such injunction or 500 prohibition does not involve moral turpitude. 501 502 (0 No person shall solicit within this locality for the benefit of any other person located 503 without the locality, if such other person refuses to supply any information which the 504 commissioner of the revenue deems necessary to assure himself that the provisions of 505 this chapter are complied with. A solicitation shall be deemed to be on behalf of every 11 506 person who or which receives, directly or indirectly, more than ten percent of the gross 507 amount collected. 508 509 (j) No charitable organization shall allow a professional solicitor to solicit on its behalf if 510 the professional solicitor has not registered with the Commissioner of the Virginia 511 Department of Agriculture and Consumer Services pursuant to § 57-61, Code of 512 Virginia. 513 514 (k) No professional solicitor shall solicit in the city on behalf of a charitable organization 515 if the professional solicitor has not registered with the Commissioner of the Virginia 516 Department of Agriculture and Consumer Services pursuant to § 57-61, Code of 517 Virginia. 518 519 a) No charitable organization shall solicit in this locality without being duly licensed or 520 exempt under this chapter. 521 522 cm) No person shall employ in any solicitation or collection of contributions for a 523 charitable purpose any device, scheme or artifice to defraud or obtain money or 524 property by any misrepresentation or misleading statement. 525 526 (n) No officer, agent, director or trustee of any charitable organization, professional 527 fund-raising counsel or professional solicitor shall refuse or fail, after notice, to produce 528 to the commissioner of the revenue any books and records of such organization. 529 530 (o) No person shall use or permit the use of the funds raised by a charitable solicitation 531 for any purpose other than the solicited purpose or, with respect to funds raised by 532 general appeals, the general purposes of the charitable organization on whose behalf 533 the solicitation was made. 534 535 (p) No person shall knowingly and willfully make any false statements in any license 536 application or statement, report or other disclosure required by this article. 537 538 (q) No professional solicitor shall solicit in the city on behalf of a charitable organization 539 unless the charitable organization has submitted the appropriate license application as 540 required by section 26-51 of this article or is qualified for an exemption under section 541 26-50 of this article, and the charitable organization has registered with the 542 Commissioner of the Virginia Department of Agriculture and Consumer Services 543 pursuant to § 57-49, Code of Virginia, or the charitable organization has been granted 544 the appropriate exemption by the Commissioner of the Virginia Department of 545 Agriculture and Consumer Services pursuant to § 57-60, Code of Virginia. 546 547 (r) No person shall represent, in any solicitation, that tickets to events will be donated 548 for use by another unless he complies with the following requirements: 549 550 1. He shall have obtained commitments, in writing, from persons or charitable 551 organizations stating that they will accept donated tickets and specifying the 552 number of persons for whom they are willing to accept tickets. 12 553 554 2. He shall not collect or accept more contributions for donated tickets than the 555 number of ticket commitments he has received from persons or charitable 556 organizations- 557 558 3. He shall have printed in advance on each ticket the exact number of persons 559 to be admitted by the ticket and the dollar price or value of each ticket' 560 561 4. He shall distribute the tickets in a timely fashion to those having given 562 commitments; and 563 564 5. He shall maintain during the solicitation and for a period of three years 565 thereafter: (i) records reflecting the name and address of each contributor and 566 the amount of money and number of tickets donated by each such contributor' 567 and (ii) the written commitments of each person or charitable organization to 568 accept tickets and specifying the number of persons on whose behalf tickets 569 were to be accepted, as required in paragraph 1 of this subsection. 570 571 s) No person shall knowingly use or permit the use of funds raised by a solicitation or 572 by contribution to benefit or provide support, directly or indirectly, in cash or in kind, to 573 terrorists, terrorist organizations, terrorist activities or to family members of any terrorist. 574 575 Whenever the city attorney shall have r ason - - - - •- - • -• - - - - - -. 576 organization, professional fund raising counsel or professional solicitor is operating in 577 violation of the provisions of this article, or has .. - • . . . - • - - 578 statement in any registration application -er—statement, report or other information 579 required by this article, or that a charitable or civic organization, professional fundraising 580 counsel or professional solicitor has failed to file a registration statement required by 581 this article, or that there is employed or is about to be employed, in any solicitation or 582 collection of contributions for a charitable or civic organization, any device, scheme or 583 artifice to defraud or to obtain money or property by m ans of any false pretense, 584 representation or promise, or that the officers or representatives of any charitable or 585 civic organization, profcs.,ional fund raising seunsel or professional solicitor have 586 refused or failed, after notice, to produce any records of such organization, or that the 587 funds raised by solicitation activities arc not devoted or will not be devoted to the 589 - : : :• : . • . . . •- -e : - .:. • . . 590 civic organization and its officers and such profercional fundraising counsel or 591 profs-.,ional solicitor to enjoin such charitable or civic organization or professional fund 592 : . : : :•. . _ .. . . 593 collection, or engaging therein, or doing any acts in furtherance thereof, and for ouch 594 other relief as the court deems appropriate. 595 596 COMMENT 597 13 598 This section is the result of the consolidation of former sections 26-65 through 26-72. All of 599 these sections were prohibitions of various unlawful activities, so assembling into a 600 consolidated list may assist informing the public as to what is prohibited. 601 602 Sec. 26-58. . Enforcement and penalties. 603 604 (a) Any person who willfully and knowingly violates or causes to be violated any 605 provision of this article, or who willfully and knowingly gives false or incorrect 606 information to the commissioner of the revenue in filing license applications or reports 607 required by this article, whether such report or license application is verified or not, shall 608 be guilty of a misdemeanor and, upon conviction thereof, shall be punished for the first 609 offense by a fine of not less than one hundred dollars ($100) and not more than $1,000 610 or by confinement in iail for not more than six months, or both, and for the second and 611 any subsequent offense by a fine of not less than five hundred dollars ($500) and not 612 more than $2,500 or by confinement in iail for not more than one year, or both. 613 614 The following property shall be subiect to lawful seizure by any law-enforcement officer 615 charged with enforcing the provisions of this article: all moneys or other property, real or 616 personal, together with any interest or profits derived from the investment of such 617 money and used in substantial connection with an act of terrorism as defined in § 18.2- 618 46.4 Code of Virginia. All seizures and forfeitures under this section shall be governed 619 by the procedures contained in Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2 Code of 620 Virginia. 621 622 (b) Whenever the commissioner of the revenue has reasonable cause to believe that a 623 violation of this chapter may have occurred, the commissioner of the revenue, upon his 624 own motion or upon complaint of any person, may investigate any charitable 625 organization, professional fund-raising counsel or professional solicitor to determine 626 whether such charitable organization, professional fund-raising counsel or professional 627 solicitor has violated the provisions of this article or has filed any application or other 628 information required under this chapter which contains false or misleading statements. 629 In the conduct of such investigation, the commissioner of the revenue may: 630 631 1. Require or permit any person to file a statement in writing, under oath or 632 otherwise as the commissioner of the revenue determines, as to all facts and 633 circumstances concerning the matter to be investigated. 634 635 2. Administer oaths or affirmations and, upon his motion or upon request of any 636 party, subpoena witnesses, compel their attendance, take evidence, and require 637 the production of any matter which is relevant to the investigation, including the 638 existence, description, nature, custody, condition, and location of any books 639 documents, or other tangibles and the identity and location of persons having 640 knowledge of relevant facts or any other matter reasonably calculated to lead to 641 the discovery of material evidence. 642 643 Any proceedings or hearings by the commissioner of the revenue under this article 644 where witnesses are subpoenaed and their attendance is required for evidence to be 14 645 taken or any matter is to be produced to ascertain material evidence, shall take place 646 within the city. 647 648 Upon failure to obey a subpoena and upon reasonable notice to all persons affected 649 thereby, the commissioner of the revenue may apply to the Circuit Court of the city for 650 an order imposing punishment for contempt of the subpoena or compelling compliance. 651 652 cc) Whenever the City Attorney or the attorney for the Commonwealth has reason to 653 believe that any charitable organization, professional fund-raising counsel or 654 professional solicitor is operating in violation of the provisions of this chapter or is about 655 to operate in violation of the provisions of this chapter, in addition to all other actions 656 authorized by law, the City Attorney, or the attorney for the Commonwealth may bring 657 an action in the name of the city or the Commonwealth against such charitable 658 organization and its officers, professional fund-raising counsel or professional solicitor 659 or their officers, directors or other agents to enioin the continuation of such violation 660 solicitation or collection, or engaging therein, or the conducting of any acts in 661 furtherance thereof and for such other relief as the court deems appropriate. 662 663 (d) In any action brought under subsection (c), the court may also award to the 664 Commonwealth a civil penalty of not more than $5,000 per violation, to be paid to the 665 Literary Fund, reasonable expenses incurred by the state or local agency in 666 investigating and preparing the case, not to exceed $250 per violation, and attorney's 667 fees. Such expenses and attorney's fees shall be paid into the general fund of the city 668 which such attorney represented. 669 670 (a)—Every-charitable organization, except as otherwise provided herein, which 671 intends to solicit contributions within the city, or have funds solicited on its behalf, 672 shall, prior to any solicitation, file an initial registration statement with the city 674 be refiled on or before the first day of the fourth calendar month of the next and 675 each-following fiscal y ar in which such charitable organization is engaged in 676 solicitation activities within the city. It shall be the duty of the president, chairman or 677 principal officer of such charitable organization to file the statements required 678 herein. Such statements shall contain the following information: 679 (1) The name of the organization and the purpose for which it was organized. 680 . . .. :. .:: . . • - .:: • 681 city and its designated agent for prose^s within the commonw alth. If no such 682 agont is designated, the organization shall be deemed to have designated the 683 secretary of the commonw alth. If the organization does not maintain an office, 684 the statement shall include the name and address of the person having custody 685 of its financial records. 686 (3) The names and addres..os of any chapters, branches or affiliates in the city. 687 (1) The place where and the date when the organization was legally 688 established, the form of the organization, and a reference to any determination 689 of its tax exempt status under the Internal Revenue Code. 15 690 (5) The names and addres...e e -- - - , - -- - , - -- -• : •- 691 principal salaried executive staff officer. 692 (6) A copy of a balance sheet and income statement, with the opinion of an 693 independent public accountant for the organization's immediate preceding fiscal 694 year, or a copy of a financial statement certified by an independent public 695 accountant covering, in a consolidated report, complete information as to all thc, 696 preceding y ars fund raising - • - : -- _ _ . . . . . • . e •,-showing 697 tho kind and amount of funds raised, fund raising expenses and allocation or 698 disbursement of funds-raised;-' e e _ - ' - - - _ __ _ _ •ish 699 has registered with the city manager for the current and next preceding-three 700 (3) y ars, or is exempt from registration for such y ars under section 26 51, 701 shall be . -_ .- e -- b - -- .• : 702 paragraph chap w.mply wth _ .. . . ... '. a 703 6 . . . 704 (7) A statement showing the computation of the percentages provided for in 705 .:ubcection (b)of this section and section 26 63. 706 (8) A - statement indicating whether the organization intends to solicit 707 contributions from the public directly or have such done on its behalf by others. 708 709 governmental agency within the commonw alth to solicit contributions—and. 710 whether it, or any officer, professional fund raiser or professional solicitor 711 thereof,+ser has ever - • - -: : - • .t . - e e -- - prohibited from 712 soliciting contributions in any jurisdiction. 713 (10) The general purpose or purposes for which the contributions to be solicits: 714 shall be used. 715 - - . - . _ - _ - which it intends to solicit contributions. 716 (12}The names of the individuals or officers of the organization who will have 717 the final responsibility for the custody of the contributions. 718 719 the final distribution of the contributions. 720 (14) A statement indicating whether the organization, or any officer, 721 profes..ional solicitor or profe „ional fund raiser thereof, has ever been 722 eenvieted-ef a felony and, if so, a description of the pertinent facts. 723 (b) Each charitable organization shall, as a part of its registration statement, 724 -- _- - . • - _h its fund raising expenses for its preceding fiscal y ar 725 bore to its support received directly from the 726 (c) Each chapter, branch or affiliate located in the city, except an independent 727 member agency of a federated fund raising organization, shall separately report the 728 : - • . -• • -_ 'e• . _ . .._ .- - : -_ _. 729 organization, which shall then furnish such information as to itself and all local 730 affiliates, chapters and branches in a consolidated form. All affiliated organizations 731 included in a consolidated registration statement shall be considered as one 732 charitable organization for all purposes of this article. If a consolidated registration 733 . - . .: 734 unles.. permic.,ion to change is granted by the city manager. 16 735 (d) Each federated fund raising organization located in the city shall report the 736 information required by this section in a consolidated form. Any federated fund 737 raising organization may elect to exclude from -:• : - - - . . . 738 - 739 agencies. No member agency of a federated fund raising organization shall be 740 : -se- •:. . - . • '- : ••_ ': - contained in such a consolidated 741 - _ - = -- - • • - 742 . . ._ : .. _ _ _ . _ ._ • - - 743 other provisions of this chapter. 744 (c) The registration forms shall be verified under oath or affirmation by an 745 authorized officer of the charitable organization. 746 (f) Every charitable organization which submits an independent registration to the 747 city manager shall pay an annual registration fee of ten cietkaatent 748 organization filing on behalf of one or more chapters, branches or affiliates or a 749 federated fund raising organization filing on behalf of its member agencies shall pay 750 a single annual registration fee s r foitelfrvr�cw'f aand—such- _• _ _ . - 751 . : • - .cement. All fees paid hereunder 752 shall be credited to the office of thc--city—manager for reimbursement of 753 administrative expenses. 754 755 COMMENT 756 757 This section is the result of the consolidation of former sections 26-55 through 26-57. All of 758 these sections pertained to the enforcement of this Article. The registration requirement is 759 moved to the beginning of the Article. 760 761 Sec. 26-59. - - - - • - - • - • - • - •-• - 762 by-telephoner mail, etc. Article does not authorize unlawful acts or omissions or 763 decrease liability imposed by law. 764 765 Nothing contained in this article shall be construed as making lawful any act or omission 766 which is now unlawful, or as decreasing the liability, civil or criminal, of any person 767 imposed by existing laws. 768 769 Any charitable organization, having no office or place of business within the city and 770 soliciting in the city from without the city solely by telephone or telegraph, direct mail or 771 advertising in local or national media, and any professional fund raising counsel or 772 professional solicitor engaged by such an organiza ': - - • • . • . . 775 776 COMMENT 777 778 This section is former 26-53. The registration requirement formerly in this section was 779 moved up because registration is an early step in the licensure process. 780 17 781 Sec. 26-60. -unregistered-organizatkm& Appeals 782 from orders under article. 783 784 Any person aggrieved by any final order of the commissioner of the revenue under this 785 article, denying such person any right to which he is entitled under law, may, within 786 fifteen (15) days from the date of such order, apply for relief to the circuit court of the 787 city. Either party may appeal any final order of such court in the same manner as 788 provided by law in cases other than cases of appeals of right. 789 790 I - • . . . e : -- - - - . - e e •vic organization, not 791 registered with his office and not exempt-from-Fegistration, irrespective of whether 792 sae# organization is subject to the jurisdiction-e€-h eigty--is soliciting in the city, 793 directly . , . . •• - • . . • •out limitation, by telephone or 794 -- - . _ .• . e . . . • • media, he may, after ten (10) 795 - • •e _ . . . • e • .tion, cause to be printed, in one 796 or more newspapers published or distributed in the city, a notice in substantially the 797 fel-lowing form: 798 - . .“. 1 _ - - - - 799 CHARITABLE SOLICITATION 800 The organization named below has solicited centributior . - . 801 allegedly charitable purposes. It has net registered wit-or--been granted the 802 appropriate oxempt status by the city manager of Virginia Beach as required by 803 lava Contributors arc cautioned that their contributions to such organization may 804 be used for noncharitable purposes." 805 - .• . •.•. • . ... .. .a . - . thereupon be forwarded to the administrator 806 of c^ ,er affairs for the commonw alth- 807 808 COMMENT 809 810 This section is former 26-54. The publication language, to the extent it applies, is 811 addressed in the enforcement and penalties provision of 26-58. 812 813 _ _ _ _ _ 814 Every charitable organization shall keep true fiscal records for all fiscal y ars in 815 accordance with the standards set out in section 57 53 of the Code of Virginia. Such 816 records shall be retained for a period of at I ast three-3)-years after the end of the 817 period to which they relate. 818 819 COMMENT 820 821 This section has been moved to 26-54. 822 823 • 824 825 (a) 18 826 Every contract or agreement between a professional fund raising counsel and a 827 charitable or civic organization must be in writing and shall be filed with the city 828 manager within ten (10) days after such contract or written agreement is entered into. 829 (b) 830 _. - ' cn statement of the nature of the arrangement to prevail in the 831 absence of a contract, between a professional solicitor and a charitable or civic 832 organization shall be filed with the city manager within ten (10) days after such 833 eeatract is entered into or such arrangement is agreed to. 834 (6) 835 All agreements and arrangements between a professions fund-r�� ;g counsel and a 836 charitable or civic organization must be reduced to writing-before executed or acted 837 upen. 838 COMMENT 839 840 This section has been deleted. The disclosure approach by a professional solicitor is the 841 approach currently authorized by the Virginia Code with reference to professional 842 solicitation. 843 844 • • . - - • e 845 (aj 846 Nocharitableorganization shall pay or agree to pay to a professional solicitor or his 847 9gents—servants- or employees in the aggregate, including reimbursement for 848 expenses incurred, a total amount in excess of fifteen (15) percent of the gross 849 amount collectee : -. . - . • - e .' . e • activities or campaigns; nor 851 retained -by-iE--and—their- agents, servants and employees in the aggregate a total 852 amount in excess of ten (10) percent of its support received directly from the public-in 853 they or in-which such cervices are performed. 854 833 855 For purposes of this section, the payments to the profes..ional solicitor shall not 856 include the purchase price to the charitable organization of any tangible personal 857 property, services or entertainment, whether supplied in kind or represented by a 858 ticket or subscription, which arc resold by the organization as a part of its fund raising 859 activities; but the amount so expended by the organization shall be deducted from the 860 _ _ _ . .- •' ' - e . . ems s --the 861 public, before the computation of the percentage limitation. For the purposes of this 862 subsection, if the professional solicitor and the charitable organization have no 865 866 COMMENT 86" 868 This section has been deleted. The disclosure approach by a professional solicitor is the 869 approach currently authorized by the Virginia Code with reference to professional 870 solicitation. 871 19 872 _ •• • 873 874 875 professional solicitor contracts and all other documents and information required to be 876 filed under this article shall become public records in the office of the city manager, 877 •- : : -• - . _ _ :-_ '_ - _ . . . . . . . . . . . . . . 878 : •: : . . _ .. - . :- .. _ _ : • __ • : :.: • : . . . 879 ($1.00) por page, may be •• -: - : -et • :: .- •-- - •- - •• - 880 may be furnished any person by the-city-manager, 881 882 COMMENT 883 884 This section has been moved to Section 26-56. 885 886 887 . ... - _ .. . 888 artiste, . . _ 889 It shall be unlawful for any person to wilfully and knowingly give any false, 890 incorrect or misleading-infermetion to the city manager in filing statements or reports 891 required by thi . • , • - • - . .• :ert or statement is verified or not. 892 893 COMMENT 894 895 The prohibition provisions have been consolidated as Section 26-57. 896 897 _ 898 No charitable organization shall accept any contribution exceeding five dollars 899 ($5.00) in cash or tangible property, without providing, on request of the donor, a 900 - • . . . •e . e . . - contribution and personally signed by the person 901 accepting such contribution. 902 903 COMMENT 904 905 The prohibition provisions have been consolidated as Section 26-57. 906 907 • • • 908 (a) No person shall make any representation that he is soliciting contributions for or 910 printed matter belonging to or nociated with a charitable organization, for the 912 authorized to do so by the charitable organization. 913 914 organization, unles.. such solicitor has written-authorization of two (2) officers of 915 such organization, a copy of which shall be filed with the city manager. Such written 917 face the period for which it is valid, which shall not exceed one y or from the date 918 issued. Such authorization shall be carried by such solicitor, when making 20 919 solicitations and shall be exhibited, on- request, to-persons solicited, police officers 920 or agents of the city manager. 921 922 COMMENT 923 924 The prohibition provisions have been consolidated as Section 26-57. 925 926 927 No- e- : _ _ s. - _ • s _ _ -h-person-is an officer, professional 928 fundraising counsel or professional solicitor, shall solicit within the city, if: 929 (1) Such person has been convicted, in any jLi nedidier+, of embezzlement, larceny 930 : : • - _ •• • - :: . '•. : •-e• - -sr property by false protonces or 931 the misapplication of funds imprc, ed with a trust, unless such person has 932 received a pardon for such offense : : . : •• •: : . _• -: • '_ • '- 933 a manner approved in writing by the city manager before any solicitation occurs; 934 of 935 (2-) Such person has ever been enjoined by any court or otherwise prohibited from 936 soliciting in any jurisdiction, unless the city -manager shall first determine in 937 writing that such person is entitled to solicit in such jurisdiction at the time of 938 939 940 941 COMMENT 942 943 The prohibition provisions have been consolidated as Section 26-57. 944 945 - • •. . . _. _ _ . _ . -sidenf 946 to city manage. 947 No person shall solicit within the city for the benefit of any other person lodhtod 948 without the city, if such other person refuses to supply any information with the city 949 manager deems necessary to assure himself that the provisions of this article arc 950 complied with. A solicitation shall be deemed to be on behalf of every person who 951 _ _ _ _ _. I :- _- • _ ._ _ _ . . 952 o octee - 953 954 COMMENT 955 956 The prohibition provisions have been consolidated as Section 26-57. 957 958 See- !. . . _ _ . • • 959 (a) No charitable organization shall use or exploit the fact of registration under this 960 •• : : - •- : : _• - _ . _ 961 ._ - - . . ... . . . . .. . . . the city. The use of the following 962 _ _•• _ _ _ __ s- : - ,,. _ _ . _ 963 manager as required by law. Registration does not imply endorsement of a public 964 solicitation for contributions." 21 965 (b) No person shall, in connection with the soliekat on of contributions or sale of 966 tangible personal property or services, represent-er- ad anyone, by any manner, 967 meansrprastice or device whatsoevor, to :- - - •_ - - _ _ _ e-• . 968 such solicitation or sale is being conducted is a bona fide charitable organization or 969 that the proceeds of such solicitation or sale will bo-used for charitable purposes, if 970 h h^ as-easor^as^^^^^ to bolieve such not to be the fact. 971 972 973 COMMENT 974 975 The prohibition provisions have been consolidated as Section 26-57. 976 977 978 (a) No person -hall, in •- • • ._ ._ - - e• a .e - ',. .c • • - - • - 979 tangible persona e _ _ _ . _ _ __ .. * - 980 980 anyone, by any manner, •• -. • , _. - _ _ - whatsoever, to believe that any 981 other person sponsors or endorses such solicitation of contributions, sale of tangible 982 personal-property or services for charitable purposes sr-approves of such charitable 983 purrs - s . .• - : - e • .e • a • •-. •: • • with, when such other person 984 has-not given written consent to the use of ham^^e for these purposos. 985 (b) Any member. _e. . _ _ -_ _ e tees-of-a-charitable organization, or 985 any other person who has agreed to either serve-sto participate-in any voluntary 987 capacity in the campaignr-shall be deemed thercby-to have given his consent to the 988 use of his name in suc•ch campaign. 989 (c)-Neth' __ - - _ - _ he publication of names of 990 eerltrabuters; •t • .- -. a -- : - - - :: • 991 issued by a charitable organization for the purpose of reporting on its operations 992 and-affairs-to its membership or for the purpose-of-reporting contributions to 993 contributors. 994 995 COMMENT 996 997 The prohibition provisions have been consolidated as Section 26-57. 998 999 . . _ . •. . .. . . . _. _ 1000 No person shall denominate any membership fee or purchase price of goods or 1001 services sold as a contribution or as a donation or in any other manner represent or 1002 imply that the member or the purchaser of such goods or services v%" b^ entmoan 1003 _ :-.. . : .: : - • cof, unlos..: 1004 (1) there shall have been first obtained a signed opinion of counsel or an internal 1005 revenue service ruling or determination letter holding such cost to be deductible; 1006 6r 1007 (2) the member or purchaser is informed, in writing, that such cost may-net-be 1008 :-: . _ . . - . . 'e . e . . _ _ • _ _ 1009 exempt under section 26 51(a)(3), present or imply that a contributor thoreto will 1010 be entitled to an income tax doduction for his contribution, unless there shall 1011 have been first obtained a signed opinion of counsel or -an-internal revenue 22 1012 •^ -• •• •- - - •: e : a a. to be P,O 1013 deductible. 1014 1015 COMMENT 1016 1017 The prohibition provisions have been consolidated as Section 26-57. 1018 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 7th day of February , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: kQI lib bc_____ Commissioner the Revenue City Attorney's Office CA— 13887 R-1 January 24, 2017 23 City Code Crosswalk—Charitable Solicitation Topic Ordinance City Code Definitions 26-49 26-49 Exemptions 26-50 26-50; 26-51 License Requirement/Application 26-51 26-58 Time and Effect of Licensure 26-52 ilia (Va. Code § 57-61.1) Disclosure of Professional Solicitor 26-53 ilia (Va. Code § 57-55.2) Rccordkccping 26-54 26-61 Reciprocal Agreements 26-55 26-52 Public Records 26-56 26-64 Prohibited Acts 26-57 26-65; 26-66; 26-67; 26-68; 26-69;26-70; 26-71; 26-72 Enforcement& Penalty 26-58 26-55; 26-56; 26-57 No Authorization for Unlawful Acts 26-59 26-53 Appeals 26-60 26-54 67 Item-VI-J.lb ORDINANCES/RESOLUTIONS ITEM#66751 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: h. Section 26-36 re Term of Solicitor Permits Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 7, 2017 1 AN ORDINANCE TO AMEND SECTION 26-36 2 OF THE CITY CODE PERTAINING TO THE 3 TERM OF SOLICITOR PERMITS 4 5 Section Amended: § 26-36 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 26-36 of the City Code is hereby amended and reordained to read 11 as follows: 12 13 Chapter 26 - PEDDLERS AND SOLICITORS 14 15 16 17 ARTICLE II. - COMMERCIAL SOLICITATIONS 18 19 20 21 Sec. 26-36. Maximum term. 22 23 No permit required by this division shall be issued for a longer period than twelve 24 (12) months. All permits expire on December 31st of the year in which they are issued. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of February , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -7 2. {gym/ /1n Office Police pepartm"e orney's CA13913 R-1 January 23, 2017 68 Item-VIJ.2a/b/c ORDINANCES/RESOLUTIONS ITEM#66752 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance re Adult Learning Center, 4160 Virginia Beach Boulevard: a. APPROVE the sale and ALLOW the School Board to RETAIN the sale proceeds b. AUTHORIZE the acquisition of the Center from the School Board c. AUTHORIZE the use of $3.5-Million from Various Site Acquisitions II for the purchase Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis K Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: None February 7, 2017 1 AN ORDINANCE: (1) APPROVING THE SALE OF 2 SCHOOL BOARD PROPERTY KNOWN AS THE 3 ADULT LEARNING CENTER AND ALLOWING THE 4 SCHOOL BOARD TO RETAIN THE SALE 5 PROCEEDS; (2) AUTHORIZING THE ACQUISITION 6 OF THE ADULT LEARNING CENTER LOCATED AT 7 4160 VIRGINIA BEACH BOULEVARD (GPIN: 1477- 8 95-9577) FROM THE SCHOOL BOARD; AND (3) 9 AUTHORIZING THE USE OF $3,500,000 FROM 10 VARIOUS SITE ACQUISITIONS II, CIP 3-139 FOR 11 THE PURCHASE 12 13 WHEREAS, The School Board of the City of Virginia Beach, (the "School Board") 14 owns approximately 2.45 acres of real property and the improvements thereon known 15 as the Adult Learning Center, located at 4160 Virginia Beach Boulevard (GPIN 1477-95- 16 9577) (the "Property"); 17 18 WHEREAS, Virginia Code §22.1-129 allows a school board to sell real property 19 for which the school board has no future use, and to retain the proceeds of such sale 20 upon approval of the local governing body and after the school board has held a public 21 hearing on such sale and retention of proceeds; 22 23 WHEREAS, the School Board held a public hearing on December 6, 2016 to take 24 public comment on the proposed sale of the Property to the City and retention of the 25 proceeds therefrom; 26 27 WHEREAS, the School Board adopted a Resolution on December 20, 2016 28 finding no further use for the Property, determining that the Property may be sold, 29 agreeing to sell the Property to the City, and intending to retain the proceeds of the sale; 30 31 WHEREAS, the City of Virginia Beach (the "City") has identified a need for the 32 Property and has proposed to purchase the Property from the School Board for the 33 City's use as an Emergency Medical Services Headquarters and Training Center; 34 35 WHEREAS, the School Board has agreed to convey the Property to the City for 36 $3,500,000, subject to Council approval and in accordance with the Summary of Terms 37 attached hereto as Exhibit A and incorporated herein; and 38 39 WHEREAS, $3,500,000 of the funding for this acquisition and any associated 40 expenses are available in CIP 3-139, Various Site Acquisitions II. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA: 44 45 46 1. That the sale of the Property from the School Board to the City is hereby 47 approved, and the School Board may retain all of the proceeds of the sale; 48 49 2. That the City Council authorizes the purchase of the Property and directs so that the purchase price of $3,500,000 be funded from CIP 3-139, Various Site 51 Acquisitions II, for the purchase of the Property; and 52 53 3. That the City Manager or his designee is further authorized to execute all 54 documents that may be necessary or appropriate in connection with the acquisition of 55 the Property, so long as such documents are in accordance with the Summary of Terms 56 attached hereto as Exhibit A and made a part hereof and containing such other terms 57 and conditions deemed necessary and sufficient by the City Manager and in a form 5a deemed satisfactory by the City Attorney; 59 60 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of 61 February , 2017. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Public Works / Real Estate I I SI Public Works / Fac Bias Maagement APPROVED AS TO AVAILABILITY APPROVED AS TO LEGAL OF FUNDS: SUFFICIENCY: emeBudget and Management Servic s City Attorney CA13844 R-1 January 19, 2017 EXHIBIT A SUMMARY OF TERMS OWNER: School Board of the City of Virginia Beach BUYER: City of Virginia Beach PROPERTY: Approximately 2.45 + acres/105,069 sq. ft. located at 4160 Virginia Beach Boulevard GPIN: 1477-95-9577 CONSIDERATION: $3,500,000 SOURCE OF FUNDS: Various Site Acquisitions II (CIP 3-139) ADDITIONAL TERMS: • Acquisition is expressly conditioned upon executing an Agreement of Sale and the satisfaction of all contingencies stated in such agreement. • Property must be conveyed free and clear of all liens, leases, and tenancies and rights of possession of any and all parties other than the City. • Settlement will be within 90 days of full execution of the Agreement of Sale, or as soon thereafter as is practicable. • City shall bear the costs of preparation of closing documents and recording fees. It / � ~ . ' � I � ` / \ � � 4 ` ! , ' ' , , r « 9 : ƒTh � _ � ' { w > « 9.e- \ ! 4 , � ` \ \ ? , &_ ~ i \ \ � � \ O. ^ � ' � \ \ b } , < / \ � “ y:t«, ' , ; z r� ` ,� 2 - ` ! T o «&/ \ . * y2 E , | ; . � < I ; 1 g . . . . _ } \ 1. ! if , ! ƒ ` \ { I1 .4 31 f1 . \ � � | . \ \' ( ;ill§Qs _ . . \ t• . _ \ . . \ £ . 4' 1 / r /`4 \) \ \ . . ` , . . - a. £ •(7 &. 22 . } z ® \ , E > > > � � School Board of the City of Virginia Beach _ VIRGINIA BEACH CITY PUBLIC SCHOOLS a n MISSION STATE ME NI f inial. . , •1 ..til u . RESOLUTION REGARDING THE SALE OF SCHOOL BOARD PROPERTY LOCATED AT 4160 VIRGINIA BEACH BOULEVARD WHEREAS.the City of Virginia Beach t"Coy-)has identified the need to purchase cenuin School Board teal pn,peny kneed at 4160 Virginia Beach Boulevard and identified a,parcel (WIN 1477-95-9577 i-School Board Property."). In the Cin 1 EMS Headquarter+and Training (-culler Il he"Pr ins-1-f WHEREAS.the('ily'n aeyuisilion ollhe School Board property will enable the(ily to enhance the EMS Headquarters and Training Center office requirements and provide needed services III the Pembroke area, increase property values,and provide an overall hetet it to the citizens of Virginia Beach. WHEREAS, the School Board has pre'nmsly considered declaring this Schierl Board Propeny a,surplus and has Identified available space in another School Hoard building for the educational program surreally lo':ned al this location. WHEREAS, Virginia Cine §22.1-129 allows the School Board to sell real property that 9 determines it has no lutes use far and the School Board has held a public hearing on December 6. 2016 to take public comment on the proposed sale of properly to the (iiy and retention of the linseeds therefrom; and WHEREAS.due to the detenninuliun Thal the Sehonl Board Property is no longer needed to for educational purlx lx•S. ;uul the expected benefits Thal will he derived Iron this Project for the citizens of Virginia Beach. the Sellout Hoard is of the itpinton that sale of the School Board propene In the Coy would be a benefit to all parties. NOW 'EHEREFORE RE IT RESOLVED that: I. In accordance wi h Virginia('isle F'_'-.I-129, the School Board hinds tial a ass not have bother use lin Ili Schm4 Bogard Propeny healed :n 41(11 Virginia Bedell Boulevard.(;PIN 1477-9,5.9577 and determines Milt it should he ikclared sutpins and may he hold. 2. 70na1 :MOWN of songensatian to Ix• paid Io School Hoard by City for This acyuisiicon i+ V:,500.000.1111. A. Additionally. Mc Schnid lit writ wnhuri,es lie('hninnan cur his designee to vsenue any and all documents desired and necessary In complete the ,de nr-rell•renied tr:msartinn tied by U • . I ix It day al hYcnllet 2016 MI lel U. Edward+.Chairman All IA I Dianne P. Alea;older II P ni ' tllnnl Bn.n(I l'nr Students First •.Serk Gran ii, r fir Open vi (?mage •IA,Ginn Wnrk l ocedrer • Value lhfferem'n 191 G✓nrq✓Nmer.la.n ✓G Ho.6n4: V ra n,Hr'9" YP,,Pqa law:. "pr. wwwvbic hoar.room 69 Item-VI-J.3 ORDINANCES/RESOLUTIONS ITEM#66753 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to DECLARE the Property at 217 Middle Lane to be in EXCESS and AUTHORIZE the sale to JAMES NORRIS DISTRICT 6—BEACH Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John S Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 7, 2017 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 217 MIDDLE LANE 3 (GPIN 2407-95-9268) TO BE IN EXCESS OF 4 THE CITY'S NEEDS AND AUTHORIZING 5 THE CITY MANAGER TO SELL THE 6 PROPERTY TO JAMES NORRIS 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 9 8,400 sq. ft. parcel of land located at 217 Middle Lane (the "Property") more 10 particularly described on Exhibit "A" attached hereto and made a part hereof; 11 12 WHEREAS, the City acquired the Property pursuant to the APZ-1 Acquisition 13 Program; 14 15 WHEREAS, the City funded the acquisition of the Property through a partnership 16 with the Commonwealth of Virginia (the "Commonwealth"), with each party contributing 17 fifty percent (50%) of the funds; 18 19 WHEREAS, the Property is in the midst of other residences and at the time of 20 acquisition was improved with a developed duplex; 21 22 WHEREAS, James Norris ("Norris") owns the adjacent property and he has 23 requested to purchase the Property in order to utilize it in a manner compatible with the 24 APZ-1 Ordinance; 25 26 WHEREAS, Norris desires to purchase the Property in accordance with the 27 Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 28 29 WHEREAS, the APZ-1 Disposition Committee has recommended that City 30 Council declare the Property to be in excess of the City's needs and sell the Property to 31 James Norris; and 32 33 WHEREAS, the City Council is of the opinion that the Property is in excess of the 34 needs of the City of Virginia Beach. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 That the Property located at 217 Middle Lane is hereby declared to be in 40 excess of the needs of the City of Virginia Beach and that the City Manager is hereby 41 authorized to execute any documents necessary to convey the Property to James 42 Norris in accordance with the Summary of Terms and such other terms, conditions or 43 modifications as may be acceptable to the City Manager and in a form deemed 44 satisfactory by the City Attorney. 45 46 Further, that revenue from the sale of the Property in the amount of $8,400.00 47 will be received and fifty percent (50%) of the amount will be deposited for appropriation 48 in future Capital Improvement Program capital budgets in #9-059, Oceana and 49 Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be so deposited for future payment by the City Manager to refund the Commonwealth's 51 portion in accordance with the grant agreement. 52 53 This ordinance shall be effective from the date of its adoption. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the 56 7th day of February 2017. CA13858 R-1 12/27/16 \\vbgov.com\dfs 1\applications\citylawprod\cycom32\wpdocs\d020\p022\00339451 doc APPROVED AS TO CONTENT APPROVED AS TO CONTENT Public Works 1-Y •('T S Budget & Management Servic•s APPROVED AS TO LEGAL SUFFICIENCY A isA ( . I - City Arne 's Office EXHIBIT "A" GPIN: 2407-95-9268 (217 Middle Lanel All that certain lot, piece or parcel of land, lying, situate and being in Lynnhaven Borough, in the City of Virginia Beach, Virginia, and known, numbered and designated as the southern 140 feet of Lot Ten (10), Block Ten (10), as shown on that certain plat entitled, "Plat of Oceana Gardens", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 3, at page 51. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City and/or the public. IT BEING the same property conveyed to the City of Virginia Beach by deed from John E. Moorefield, Jr. and Denise Cronin Moorefield f/k/a Denise I. Cronin, husband and wife, dated May 6, 2014 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20140603000490650. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 217 MIDDLE LANE Seller: City of Virginia Beach Buyer: James Norris Property: 8,400 square feet of property generally known as 217 Middle Lane GPIN: 2407-95-9268 Legal Description: See Exhibit "A" to Ordinance Sale Price: $8,400.00 CONDITIONS OF SALE: • Property is purchased "As is, Where is." • Buyer has been advised of APZ-1 restrictions for use. • Buyer may use the Property for accessory structures, or Buyer may otherwise utilize the Property for construction in conjunction with his adjacent property upon resubdivision to remove interior lot lines; however, Buyer may not add any new dwelling units. • Seller shall resubdivide the Property and the Buyer's adjacent property at the Seller's expense to vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Closing shall be on or before December 31, 2018. � � E A N c u s NN).13S02J 91 � � U Ni - O W _ W m t � �l Q m W li Oo o N � � I. z Cl- N a Join Q Q } 3QOf a)— , 1 1 8 2f- 0JJ I •o tip Z z l— w01 -csor �f u) • d W 0 0 nt C a � �0 0anaz a >" < t` a voi ' 1p If I.\ . .._ yF o p N13106114.1 ! \yy �� i U a 1 X c W c S ri" I' H • 11111 I I ` A fik W N t0 1 > p N w., ir Zcm I >' . U o a' Zm � 2 0 = oNo _ U p E N O .I M ' s0 c I laE a E 1 9.� i r m 0 9 9 1 N �,� oreca RD - �' � III Iii m O N 2 31 irk aa, / m m a •, m NAI a I w v.sNe�w ; m H i'n 5 oc • C oO w .'°` . a a 6'0 I I- N11S3M _.. _ v Oua. HN a N .d. Q d O C21 70 Item-VI-J.4a/b/c/d/e/f ORDINANCES/RESOLUTION ITEM#66754 Upon motion by Council Lady Wilson, seconded by Councilman Uhrin, City Council ADOPTED, Ordinance to DECLARE the following properties EXCESS and AUTHORIZE the sale to OCEAN BAY HOMES,INC.: a. 1509/1513, 1515 Indiana Avenue h. 116, 117/119, 121/123 North Oceana Boulevard; c. 1464/1466 Southern Boulevard d. 229, 233 Roselynn Lane e. 1521, 1525, 1529 New York Avenue f. 117/121, 125/127 Matt Lane Voting' 9-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss; John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Jessica P.Abbott Council Members Absent: Mayor William D. Sessoms, Jr. February 7, 2017 1 AN ORDINANCE DECLARING THE PARCELS 2 LOCATED AT 1515 AND 1509/1513 INDIANA AVE. 3 (GPINS: 2417-04-3833 AND 2417-04-4803); 121/123 4 AND 117/119 N. OCEANA BLVD. (GPINS: 2417-04- 5 4774 AND 2417-04-4621); 116 N. OCEANA BLVD. 6 WITH ADJACENT VACANT LOT AND 1464/1466 7 SOUTHERN BLVD. (GPINS: 2417-04-6673, 2417-04- 8 6588 AND 2417-04-8602); 229 AND 233 ROSELYNN 9 LN. (GPINS: 2417-05-2316 AND 2417-05-2412); 10 1521, 1525, AND 1529 NEW YORK AVE. (GPINS: 11 2417-04-2503, 2417-04-1533 AND 2417-04-0573); 12 117/121 AND 125/127 MATT LN. (GPINs: 2407-74- 13 3545 and 2407-74-3624) TO BE IN EXCESS OF THE 14 CITY'S NEEDS AND AUTHORIZING THE CITY 15 MANAGER TO SELL SAME TO OCEAN BAY 16 HOMES, INC. 17 18 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 19 certain parcels of land located at 1515 Indiana Avenue, 1509/1513 Indiana Avenue, 20 121/123 N. Oceana Boulevard, 117/119 N. Oceana Boulevard, 116 N. Oceana 21 Boulevard with adjacent lot, 1464/1466 Southern Boulevard, 229 Roselynn Lane, 233 22 Roselynn Lane, 1521 New York Avenue, 1525 New York Avenue, 1529 New York 23 Avenue, 117/121 Matt Lane, and 125/127 Matt Lane (collectively, the "Properties"), 24 more particularly described on Exhibit "A" attached hereto and made a part hereof; 25 26 WHEREAS, the City acquired the Properties pursuant to the APZ-1 27 Acquisition Program; 28 29 WHEREAS, the City funded the acquisition of the Properties through a 30 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 31 contributing fifty percent (50%) of the funds; 32 33 WHEREAS, the Properties are in the midst of other residences and at the 34 time of acquisition were improved with residential duplexes and/or single-family 35 dwellings, which have since been or will be demolished; 36 37 WHEREAS, City Council has elected to allow the reconstruction of six (6) 38 single-family homes on the Properties in order to maintain the integrity of the 39 neighborhoods; 40 41 WHEREAS, a Request for Proposal ("REP") was advertised for the 42 potential sale of the Properties; 43 44 WHEREAS, Ocean Bay Homes, Inc. was one of the respondents to the 45 RFP ("Ocean Bay"); 46 47 WHEREAS, the APZ-1 Disposition Committee has recommended that the 48 City Council declare the Properties to be in excess of the City's needs and sell the 49 Properties to Ocean Bay; 50 51 WHEREAS, Ocean Bay will build six (6) new single-family homes on the 52 Properties to prescribed standards acceptable to the City, including elevated noise 53 attenuation and design criteria, and Ocean Bay will thereafter convey the homes 54 constructed on the improved Properties to owner-occupants; 55 56 WHEREAS, Ocean Bay will purchase the Properties in accordance with 57 the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; and 58 59 WHEREAS, the City Council is of the opinion that the Properties are in 60 excess of the needs of the City of Virginia Beach. 61 62 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 63 OF VIRGINIA BEACH, VIRGINIA: 64 65 That the Properties located at 1515 Indiana Avenue, 1509/1513 Indiana 66 Avenue, 121/123 N. Oceana Boulevard, 117/119 N. Oceana Boulevard, 116 N. Oceana 67 Boulevard with adjacent lot, 1464/1466 Southern Boulevard, 229 Roselynn Lane, 233 68 Roselynn Lane, 1521 New York Avenue, 1525 New York Avenue, 1529 New York 69 Avenue, 117/121 Matt Lane, and 125/127 Matt Lane are hereby declared to be in 70 excess of the needs of the City of Virginia Beach and that the City Manager is hereby 71 authorized to execute any documents necessary to convey the Properties to Ocean Bay 72 Homes, Inc. in accordance with the Summary of Terms attached hereto as Exhibit "B" 73 and such other terms, conditions or modifications as may be acceptable to the City 74 Manager and in a form deemed satisfactory by the City Attorney. 75 76 Further, that the revenue from the sale of the Properties in the total 77 amount of $555,800 shall be received and fifty percent (50%) of this amount shall be 78 deposited for appropriation in future Capital Improvement Program capital budgets in 79 Capital Improvement Project 9-059, Oceana Interfacility Traffic Area Conformity and 80 Acquisition II, and fifty percent (50%) shall be deposited for future payment by the City 81 Manager to refund the Commonwealth of Virginia's portion in accordance with the grant 82 agreement. 83 84 This Ordinance shall be effective from the date of its adoption. 85 86 A�(opted by the Council of the City of Virginia Beach, Virginia, on the 87 7th day of e ruary 2017. CA13852 R-1; • ED TO= APPROVED AS TO CONTE 1/23/ 17 Public Wo s Budget & Management Service APPROVED SUFFICIENCY City Attorney's Office EXHIBIT A LEGAL DESCRIPTIONS Single-Family Dwelling Building Site 1: All of 1515 Indiana Avenue, northern part of 1509/1513 Indiana Avenue,and northern part of 121/123 N. Oceana Boulevard These lot areas are more particularly shown on the attached map titled "LOCATION MAP 1515 INDIANA AVENUE (GPIN 2417-04-3833) PORTION OF 1509/1513 INDIANA AVENUE (GPIN 2417-04-4803) PORTION OF 121/123 N. OCEANA BLVD. (GPIN 2417-04-4774)". • GPIN: 2417-04-3833 (1515 Indiana Avenue) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 6, and the eastern one-half of Lot 5, Block A, on the plat entitled. "Oceana Terrace", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 147. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Oceana Duplexes, LLC, a Virginia limited liability company by deed dated September 4, 2014 and recorded in the aforesaid Clerk's Office as Instrument Number 20140908000846160. • Northern portion of GPIN: 2417-04-4803 (1509/1513 Indiana Avenue) The Northern portion of that certain lot, piece or parcel of land, together with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach, Virginia and being designated and described as "LOT B GPIN: 2417-04-4803," and further being described as "GPIN: 2417-04-4803 10,054 SQ. FT. 0.231 ACRES," as shown on that certain plat entitled, "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM NALA CORPORATION (GPIN: 2417-04-4803) BY SHEPHERD ENTERPRISES, LLC," Scale: 1" = 20', dated November 8, 2012, prepared by Rouse-Sirine Associates, Ltd., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20121228001474220. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Shepherd Enterprises, LLC, a Virginia limited liability company by deed dated August 1, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130802000911890. • Northern portion of GPIN: 2417-04-4774 (121/123 N. Oceana Boulevard) The Northern portion of that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot "C", on that certain plat entitled "SUBDIVISION OF PROPERTY OF MONNIE M. SNAPP ESTATE", dated April 17, 1981 and made by Gallop Surveyors and Engineers, Ltd., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 147 at page 39. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Emma H. Rosa Sicard a/k/a Emma H. Rosa- Sicard by deed dated December 19, 2014 and recorded in the aforesaid Clerk's Office as Instrument Number 20141219001191710. Single-Family Dwelling Building Site 2: Southern part of 1509/1513 Indiana Avenue, Southern part of 121/123N. Oceana Boulevard, and all of 117/119 N. Oceana Boulevard These lot areas are more particularly shown on the attached map titled "LOCATION MAP 1515 INDIANA AVENUE (GPIN 2417-04-3833) PORTION OF 1509/1513 INDIANA AVENUE (GPIN 2417-04-4803) PORTION OF 121/123 N. OCEANA BLVD. (GPIN 2417-04-4774)". • Southern portion of GPIN: 2417-04-4803 (1509/1513 Indiana Avenue) The Southern portion of that certain lot, piece or parcel of land, together with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach, Virginia and being designated and described as "LOT B GPIN: 2417-04-4803," and further being described as "GPIN: 2417-04-4803 10,054 SQ. FT. 0.231 ACRES," as shown on that certain plat entitled, "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM NALA CORPORATION (GPIN: 2417-04-4803) BY SHEPHERD ENTERPRISES, LLC," Scale: 1" = 20', dated November 8, 2012, prepared by Rouse-Sirine Associates, Ltd., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20121228001474220. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Shepherd Enterprises, LLC, a Virginia limited liability company by deed dated August 1, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130802000911890. • Southern portion of GPIN: 2417-04-4774 (121/123 N. Oceana Boulevard) The Southern portion of that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot "C", on that certain plat entitled "SUBDIVISION OF PROPERTY OF MONNIE M. SNAPP ESTATE", dated April 17, 1981 and made by Gallop Surveyors and Engineers, Ltd., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 147 at page 39. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Emma H. Rosa Sicard a/k/a Emma H. Rosa- Sicard by deed dated December 19, 2014 and recorded in the aforesaid Clerk's Office as Instrument Number 20141219001191710. • GPIN: 2417-04-4621 (117/119 N. Oceana Boulevard) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach, Virginia and being designated and described as "LOT A GPIN: 2417-04-4621," and further being described as "GPIN: 2417-04-4621 12,757 SQ. FT. 0.293 ACRES," as shown on that certain plat entitled, "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM NALA CORPORATION (GPIN: 2417-04-4621) BY SHEPHERD ENTERPRISES, LLC," Scale: 1" = 20', dated November 8, 2012, prepared by Rouse-Sirine Associates, Ltd., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20121228001474210. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Shepherd Enterprises, LLC, a Virginia limited liability company by deed dated August 1, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130802000911890. Single-Family Dwelling Building Site 3: 116 N. Oceana Boulevard and adiacent strip of land and 1464/1466 Southern Boulevard (GPINs: 2417-04-6673, 2417-04-6588 and 2417-04-86021 • GPINs: 2417-04-6673 and 2417-04-6588 (116 N. Oceana Boulevard + adjacent strip of land) ALL THOSE certain lots, pieces or parcels of land, together with the buildings and improvements thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia and being designated and described as "PROPERTY OF RAYMOND REEVES AND MISTI REEVES INST. NO. 20060523000772890 D.B. 278, P. 564 M.B. 26, PG. 35 GPIN: 2417-04-6673 8,990 SQ. FT./0.206 ACRES" and "PROPERTY OF RAYMOND REEVES AND MISTI REEVES INST. NO. 20060523000772890 D.B. 335, P. 173 (PLAT) GPIN: 2417-04-6588 3,000 SQ. FT./0.069 ACRES," and further designated and described as "GPIN: 2417-04-6588 3,000 SQ. FT. 0.069 ACRES" and "GPIN: 2417-04-6673 8,990 SQ. FT. 0.206 ACRES," as shown on that certain plat entitled, "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM RAYMOND REEVES AND MISTI REEVES BY CITY OF VIRGINIA BEACH FOR OCEANA & INTERFACILITY TRAFFIC AREA CONFORMITY & ACQUISITION PROGRAM CIP 9-060.001," Scale: 1" = 20', dated May 14, 2014, prepared by Rouse-Sirine Associates, Ltd., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20140619000547780. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Raymond Reeves and Misti Reeves, husband and wife, by deed dated June 18, 2014 and recorded in the aforesaid Clerk's Office as Instrument Number 20140624000563990. • GPIN: 2417-04-8602 (1464/1466 Southern Boulevard) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, known, numbered and designated as Lot D-4A, as shown on that certain resubdivision plat entitled, "Subdivision of Property Lot D-4 (erroneously referred to as Lot D- 4A in Deed Book 2494, at page 1842) (MB 152/45), Oceana Gardens Lynnhaven Borough Virginia Beach, Virginia," which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 161, at page 26. LESS AND EXCEPT the strip of land, approximately 15' x 229', along the southeastern side of the property to a terminus in the Southern Boulevard, as shown in Map Book 161, at page 26, and further shown on the attached map titled "MAP BOOK 161, AT PAGE 26", which is to be separated from the remainder of the parcel in the resubdivision process described herein. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Jones Family Limited Partnership, a Nebraska limited partnership (erroneously referred to in the prior Deed as a Virginia limited partnership) by deed dated January 21, 2013, and recorded in the aforesaid Clerk's Office as Instrument Number 20130201000129420. Single-Family Dwelling Building Site 4: 229 and 233 Roselynn Lane (GPINs: 2417-05-2316 and 2417-05-24121 • GPIN: 2417-05-2316 (229 Roselynn Lane) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, and known numbered and designated as Lot Twenty-Five (25) on the plat of Hillcrest, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 13, at page 8. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Joellen Wright by deed of gift dated April 13, 2015 and recorded in the aforesaid Clerk's Office as Instrument Number 20150424000365210. • GPIN: 2417-05-2412 (233 Roselynn Lane) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in Oceana Gardens, Lynnhaven Borough in the City of Virginia Beach, formerly Lynnhaven Magisterial District, Princess Anne County, Virginia, and known numbered and designated as Lot Twenty-Six (26) on the plat of Hillcrest, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia, in Map Book 13, at page 8. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia from Joellen Wright by deed dated April 13, 2015, and recorded in the aforesaid Clerk's Office as Instrument Number 20150424000365200. Single-Family Dwelling Building Site 5: 1521, 1525, and 1529 New York Avenue (GPINs: 2417-04-2503, 2417- 04-1533 and 2417-04-05731 • GPIN: 2417-04-2503 (1521 New York Avenue) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot Eight (8), in Block B, as shown on that certain plat entitled, "Oceans Terrace," which plat is duly recorded in the Clerk' Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7, at page 147. LESS AND EXCEPT that property conveyed to the City of Virginia Beach in Deed Book 4098, at page 742. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from New York Avenue, LLC, a Delaware limited liability company, by deed dated May 5, 2014, and recorded in the aforesaid Clerk's Office as Instrument Number 20140516000429760. • GPIN: 2417-04-1533 (1525 New York Avenue) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach, Virginia, and designated as Lot Nine (9), in Block B, as shown on that certain plat entitled, "Oceana Terrace Situate in Princess Anne Co., Virginia laid out by A.B. Fussell" which plat is duly recorded in the Clerk' Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7, at page 147. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Douglas Blume, by deed dated September 10, 2015, recorded in the aforesaid Clerk's Office as Instrument Number 20150915000896490. • GPIN: 2417-04-0573 (1529 New York Avenue) ALL that certain lot, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in Oceana, Lynnhaven Borough, City of Virginia Beach, Virginia and known, numbered and designated as Lot Ten (10), in Block "B", on a plat entitled "Oceana Terrace" laid out by A.B. Fussell, dated April, 1926, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7, at page 147. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the property conveyed to the City of Virginia Beach from Rebecca Higgins Vasile f/k/a Rebecca R. Higgins by deed dated April 7, 2008, and recorded in the aforesaid Clerk's Office as Instrument Number 20080430000050. Single-Family Dwelling Building Site 6: 117/121 and 125/127 Matt Lane (GPINs: 2407-74-3545 and 2407-74- 3624) • GPIN: 2407-74-3545 (117/121 Matt Lane) ALL THAT certain lot, piece or parcel of land with the buildings and improvements thereon, belonging, situate, lying and being at or near "Oceana" in Lynnhaven Borough, in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot No. Sixty- Three (63) as shown on a certain plat entitled, "WEST OCEANA GARDENS, PRINCESS ANNE COUNTY, VIRGINIA," made for C.M. Tynes, June 1950 by W.B. Gallup, County Surveyor, and duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 25, at page 83. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Roger D. Adams, Trustee of the William Adams Revocable Trust Dated May 6, 1994 and Roseman P. Adams by deed dated August 16, 2013, and recorded in the aforesaid Clerk's Office as Instrument Number 20130827001022450. • GPIN: 2407-74-3624 (125/127 Matt Lane) ALL THAT certain lot, piece or parcel of land with the buildings and appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot No. Sixty-One (61) as shown on a certain plat entitled, "West Oceana Gardens, Princess Anne Co. VA," made for E.M. Tynes, June 1950 by W.B. Gallup, County Surveyor, and duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 25, at page 83. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Clarence L. White and Joyce R. White, husband and wife by deed dated September 29, 2014, and recorded in the aforesaid Clerk's Office as Instrument Number 20141006000946470. Map Book 161, at Page 26 VVI. RA 011111 .A, Rg 0O-VIA 4a •nn ag ,i,VP AS R. - 1 SS Pin • v • a w 11050.1 111t00. /// � 1 � •SM \)01-/ ibis' ,o,n (en,:( ) • a . I'D _Silk ' OCEAAM worn`<': t BLOCK 44 ' 0-48 ria •N - - ... .. _ 1g ON Sin • 1 • 2 , • Y 1 Ot' iiiN R a • • � N V 'o-D• i ..40 •4,b • {_ x(f,@\ J ti gyp. AM.b' a ""tn ,Rdo' _ , bb� r • A• SOUTHERN BLVD. - , A' w Ba• ai' /' , :' S 30001101110M or Pana LOT O- 4 r9IIi FaUM OCFANA GARDENS I> 1/ L>NRH/LN BOR0O6N Pinta MAGI. VA. .tss Ave' i IM Set EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 1515, 1509/1513 INDIANA AVENUE; 121/123, 117/119 AND 116 N. OCEANA BOULEVARD AND ADJACENT VACANT LOT; 1464/1466 SOUTHERN BOULEVARD; 229 AND 233 ROSELYNN LANE; 1521, 1525 AND 1529 NEW YORK AVENUE; AND 1171121 AND 125/127 MATT LANE SELLER: City of Virginia Beach PURCHASER: Ocean Bay Homes, Inc., a Virginia corporation PROPERTY: Building Site 1: 1515 Indiana Avenue (GPIN 2417-04-3833) Northern part of 1509/1513 Indiana Avenue (GPIN 2417-04-4803) Northern part of 121/123 N. Oceana Boulevard (GPIN 2417-04-4774) Building Site 2: Southern part of 1509/1513 Indiana Avenue (GPIN 2417-04-4803) Southern part of 121/123 N. Oceana Boulevard (GPIN 2417-04-4774) 117/119 N. Oceana Boulevard (GPIN 2417-04-4621) Building Site 3: 116 N. Oceana Boulevard and adjacent lot (GPINs 2417-04-6673 and 2417-04-6588) 1464/1466 Southern Boulevard, less a 15' x 229' (approx..) strip of land (GPIN 2417-04-8602) Building Site 4: 229 Roselynn Lane (GPIN 2417-05-2316) 233 Roselynn Lane (GPIN 2417-05-2412) Building Site 5: 1521 New York Avenue (GPIN 2417-04-2503) 1525 New York Avenue (GPIN 2417-04-1533) 1529 New York Avenue (GPIN 2417-04-0573) Building Site 6: 117/121 Matt Lane (GPIN 2407-74-3545) 125/127 Matt Lane (GPIN 2407-74-3624) These properties shall be subdivided into six building sites. SALE PRICE: $555,800 total for all named properties. CONDITIONS OF SALE: • Property is purchased "As Is, Where Is." • Seller shall convey the Property subject to a deed restriction preventing Buyer, or ultimate owner-occupant, from participation in the APZ-1 Acquisition Program. • Seller shall convey each building site with a plat restriction limiting the site to the development of one single-family dwelling unit, in perpetuity. • Buyer shall construct one single-family dwelling on each building site, in a style that substantially matches the style and design criteria approved by the Planning Department. • Buyer, at its own cost, shall resubdivide the properties to vacate interior lot lines. • Buyer shall deposit Five Thousand and no/100 Dollars ($5,000.00) per building site at the execution of the Purchase Agreement. • Buyer is required to construct using materials for enhanced noise attenuation. L J 1 ____ .. .. 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MUNICIPAL CENTER MAYOR BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH.VA 33456:3030 In Reply Refer to 0059876 FAX(757)385 sees February 7, 2017 wse5soms©v°90v°°'" 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: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote an ordinance declaring properties located at 1515 and 1509/1513 Indiana Avenue; 121/123 and 117/119 North Oceana Boulevard; 116 North Oceana Boulevard with adjacent vacant lot and 1464/1466 Southern Boulevard; 229 and 233 Roselynn Lane and 1529 New York Avenue; and 117/121 and 125/127 Matt Lane to be in excess of the City's needs and authorizing the City Manager to sell the properties to Ocean Bay Homes, Inc. 2. Ocean Bay Homes, Inc. has disclosed that TowneBank is a financial services provider with respect to this proposed transaction. 3. I have a personal interest in TowneBank, which is located at 600 22"d Street in Virginia Beach, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, William D. Sessoms Mayor WDS/RRI 71 Item-VI-J.5 ORDINANCES/RESOLUTIONS ITEM#66755 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City Property for SLN BANCROFT,LLC re:a playground and fencing at 1246 Bayne Drive DISTRICT 5-LYNNHAVEN IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary encroachments into a portion of City Property for SLN BANCROFT, LLC re: a playground and fencing at 1246 Bayne Drive (GPIN 2408449340) DISTRICT S-LYNNHA VEN The following conditions shall be required: 1. It is expressly understood and agreed that the temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval. 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the temporary encroachment from the encroachment area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the temporary encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the temporary encroachment must be removed from the encroachment area by the Grantee; and the Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Grantee shall indemn , hold harmless and defend the City, its agents and employees,from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the temporary encroachment. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. It is further expressly understood and agreed that the Grantee agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 7. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $1,000,000.00,per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the temporary encroachment. February 7, 2017 72 Item-VI-J..5 ORDINANCES/RESOLUTIONS ITEM#66755 (Continued) 8. It is further expressly understood and agreed that the temporary encroachment must conform to the minimum setback requirements, as established by the City. 9. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the temporary encroachment; and pending such removal, the City may charge the Grantee for the use of the encroachment area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the temporary encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventh day of February, Two Thousand Seventeen. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None COUNCIL LADY WILSON FILED A DISLCOSURE February 7, 2017 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY PROPERTY 6 LOCATED AT 1246 BAYNE DRIVE, 7 KNOWN AS LYNNHAVEN PARK, 8 ADJACENT TO 1870 ENTERPRISE 9 COURT 10 11 WHEREAS, SLN Bancroft, LLC, a Virginia limited liability company, desires 12 to construct and maintain proposed playground equipment and a proposed 41.6' x 18.3' 13 solid cedar fence within the City's property located at 1246 Bayne Drive, known as 14 Lynnhaven Park, GPIN: 2408-44-2880, adjacent to 1870 Enterprise Court, in the City of 15 Virginia Beach, Virginia; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, SLN Bancroft, LLC, its assigns 26 and successors in title, are authorized construct and maintain proposed playground 27 equipment and a proposed 41.6'x 18.3' solid cedar fence within the City's property located 28 at 1246 Bayne Drive, known as Lynnhaven Park, adjacent to 1870 Enterprise Court, as 29 shown on the map entitled: "EXHIBIT A' SHOWING AREA OF ENCROACHMENT ON 30 GRIN 2408-44-2880 (MB 65, PG 7) FOR THE BENEFIT OF GPIN 2408-44-9434 (MB 83, 31 PG 46)VIRGINIA BEACH, VIRGINIA," prepared by MSA, PC and dated July 15 2016, a 32 copy of which is attached hereto as Exhibit "A", and on file in the Department of Public 33 Works and to which reference is made for a more particular description; 34 35 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 36 expressly subject to those terms, conditions and criteria contained in the Agreement 37 between the City of Virginia Beach and SLN Bancroft, LLC, (the "Agreement"), an 38 unexecuted copy of which has been presented to the Council in its agenda, and will be 39 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 40 Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 1 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as SLN Bancroft, LLC, and the City Manager or his authorized designee execute 46 the Agreement. 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th 48 day of February 2017. CA13616 R-1 PREPARED: 1/10/17 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\004\p023\00341968doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIEN ai D FORM: PUBLIC WORKS, RE ESTATE ISNAIHAM Y R �- 1. l-1 T SENIOR CITY ATTORNEY 2 SEE SHEET 2 OF 2 FOR NOTES I N/F MILL CREEK CONDOMINIUM OWNERS ASSOCIATION, INC. 5 UTILITY & DRAINAGE I (INSTRPARCEL 8001B0-IF-A894D) c. EASEMENT (MB 80, PG 21) (INSTR. 20060615000899130) ES m N69'04'39"E GPIN 2408-44-5692 Sc7o. N 3484520.1464 , __-661.2( _ __ ___ E 12204504.0003 —661.24'— IL Q�� 885.54' TO FIRST COLONIAL ROAD — aW --I N26'57'45"W b' 153.54' I 2-STY-BRICK & FRAME co a W I D/A) i # 138 • #1130 #1140 #1136 #7134 V ." 2 sti 4 J L.....11 4J �J 1126 J" o J { t14/• G_ 1126 ocr Nfl \\I CITY OF f / �,` #1124 6--- VIRGINIA BEACH rrh ! 1-.:.._1,-.-7,-.H...-.L !y (MB 65, PG 7) I fl I- - #1122 GPIN 2408-44-2880 ..: r ;r I N/F ` , BANCROFT HALL GARDENS ASSOCIATES, LLC PROPOSED SOL10 (INSTR. 20141211001162680) CEDAR FENCE ! Ly1 ` I "PARCEL 4' Qa (MB 83, PG 46) 18 3' f N 3484383.2956 GPIN 2408-44-9434 Kr DENOTES AREA OF ENCROACHMENT, –E 12204573.616 AREA=381 S.F. OR 0.009 AC. C;ir-' _ i WO .-. < cc - 6 ,' #1114 a' PROPOSED it II #1112 PROPOSED SOLID y PLAYGROUND ..a. fl #1110 in CEDAR FENCE ` -EQUIPMENT ! dlh _ - #1108 •'- SIGNS B N J - U I N2'52'15"E - EXISTING 48w I- 172.00' / w #1106 - (0/A) CHAIN LINK - = r #1104 5' UTILITY & DRAINAGE 1135 FENCE TO BE- EASEMENT (MB 80, PGI ;11---------ThyFRAME K:;,.,,. I REMOVED = . p1 +A o Gf "EXHIBIT A" O a -- \P SHOWING AREA OF ENCROACHMENT ON _s414111antar GPIN 2408-44-2880 (MB 65, PG 7) FOR THE - BENEFIT OF GPIN 2408-44-9434 (MB 83, PG 46) °JEFFREY J. VIERRETHER S' VIRGINIA BEACH, VIRGINIA Lic. No. 2306 JULY 15, 2016 JULY 15, 2016 MSA. P _ C _ Q- \\^\ `v SURNE O iii kW'pm Mr.111 y \\11LE 'ga�lI\ EEnvinmenn ]En§cin ring•Lin%haapeAng \ t1%ie \\Le\1'91\ Ci•ilE Envu+mmm¢I En�irkating•IanrtcalKgnhiuvan \\a t,! \\IN\\�\ ■ G \►7\ DWN BY: CJS :��'L �� "j5337-490-9264 Drive, 757-490-063aVirginia Beach, (23462 1� 11.'1�q\ JOB 141618 SHEET: 1 OF 2 ■IL\La\\ � (Ofc) 1Eax) \\�L:'�\\ # wwx.msaonline.cmn SCALE: 1" = 40' NOTES: 1, THIS SURVEY WAS PREPARED WITH THE BENEFIT OF A CURRENT TITLE REPORT PREPARED BY BRIDGETRUST TITLE GROUP, FILE No.: 091046084, COMMITMENT DATE: SEPTEMBER 5, 2014, 8:00 om., ISSUE DATE: SEPTEMBER 12, 2014, 4:15 pm. 2. NORTH MERIDIAN SHOWN HEREON IS BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE NAD83/93 HARN AND WAS ESTABLISHED FROM CITY OF VIRGINIA BEACH HORIZONTAL CONTROL STATIONS: "J-5-4", "J-5-5" AND "PS-230". 3. THIS SURVEY DOES NOT ADDRESS THE EXISTENCE OR NONEXISTENCE OF WETLANDS, ENVIRONMENTAL HAZARDS, CEMETERIES OR ANY UNDERGROUND STRUCTURE NOT OBSERVED DURING THE COURSE OF THE SURVEY, 4. ALL OR A PORTION OF THIS SUBDIVISION IS LOCATED IN THE CHESAPEAKE BAY WATERSHED MANAGEMENT AREA AND 15 SUBJECT TO THE PROVISIONS OF THE CHESAPEAKE BAY WATERSHED MANAGEMENT ORDINANCE. 5. THE INTENT OF THIS EXHIBIT IS TO SHOW THE AREA OF ENCROACHMENT ON GPIN 2408-44-2880 (MB 65, PG 7) FOR THE BENEFIT OF GPIN 2408-44-9434 (MB 83, PG 46) AND SHOULD NOT BE CONSIDERED A BOUNDARY SURVEY OR SUBDIVISION OF LAND. TH o� L /t" °JEFFREY J. VIERRETHEP Lie. No. 2306 JULY 15, 2016 (q 4' SUR\c& "EXHIBIT A" SHOWING AREA OF ENCROACHMENT ON GPIN 2408-44-2880 (MB 65, PG 7) FOR THE BENEFIT OF GPIN 2408-44-9434 (MB 83, PG 46) VIRGINIA BEACH, VIRGINIA JULY 15, 2016 ■■! .r.. MSA, P _ C . ■■.■■,.. ..I,.G I.. ..1113p�at• EnmmnmenW n . 1 \G 1.. Sciences IBliIaMM. Mr 'IVB Civil&Environmental Egieoing•Ll rt uidscate Archiue :Ma DWN BY: CJS I ...!A W U 5033 Rouse Drive,Virginia Beach, VA 23462 ��TJOB 14161B Tan 757 490-9264(Ofc) 757-490.0634(Fax) nomad..SHEET: 2 OF 2 wwwmsaonllne.com SCALE: N/A 1870 Enterprise Court N �� +a ` _L uIj #-------; i P"'" _ , )f'. H N V Qawytaaw ap � P a nL end LOCATION MAP cM nr•P•tSyZm 'A✓ � ott - ENCROACHMENT REQUEST UEST - FOR SLN BANCROFT,LLC GPIN 2408-44-9340 Note: This property Is located ,- sk �� fl Feet In AICUZ Noise Zone 270dB and<75d 0 iW 200 400 . .:i: . • View from Bayne Drive GPIN: 2408-44-9340 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 2017, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and SLN BANCROFT, LLC, a Virginia limited liability company, assigns, and successors in title, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL A", as shown on that certain plat entitled "RE-SUBDIVISION OF PARCELS 2 & 4 (MB 80, PG 21) (MB 83, PG 46) VIRGINIA BEACH VIRGINIA", dated July 20, 2016, prepared by MSA, P.C., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20160811000705900, and being further designated, known, and described as 1870 Enterprise Court, Virginia Beach, Virginia 23454; WHEREAS, it is proposed by the Grantee to construct and maintain proposed playground equipment and a proposed 41.6' x 18.3' solid cedar fence within the City's property located at 1246 Bayne Drive, known as Lynnhaven Park (collectively, the "Temporary Encroachment"), in the City of Virginia Beach; GPIN: CITY PROPERTY— 2408-44-2880 — 1246 Bayne Drive (Lynnhaven Park) GPIN: 2408-44-9340 — 1870 Enterprise Court, Virginia Beach, VA 23454 (Formerly GPIN: 2408-44-9434) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lynnhaven Park (the "Encroachment Area"); and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A' SHOWING AREA OF ENCROACHMENT ON GPIN 2408- 44-2880 (MB 65, PG 7) FOR THE BENEFIT OF GPIN 2408- 44-9434 (MB 83, PG 46) VIRGINIA BEACH, VIRGINIA," Sheets 1 of 2 prepared by MSA, PC and dated July 15 2016 a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $1,000,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change 3 to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said SLN BANCROFT, LLC, a Virginia limited liability company, has caused this Agreement to be executed by Miles B. Leon, as President of S. L. Nusbaum Realty Co., Manager of SLN BANCROFT, LLC, a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its 4 name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2017, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2017, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 SLN BANCROFT, LLC, a Virginia limited liability company By: S.L. Nusbaum Realty Co., Its Manager ( � � By 1 (SEAL) Miles B eon, President STATE OF Vi!gqiniw CITY/COUNTYOF No - lk , to-wit: The foregoing instrument was acknowledged before me this 18 day of No✓r,„bu- , 2016, by Miles B. Leon, as President of S. L. Nusbaum Realty Co., as Manager of SLN BANCROFT, LLC, a Virginia limited liability company. i1MGN4r11**1 rrarARr nMuc a Virginia Reg.ft 321743 .� 'G (SEAL) tM WnMN Expires Feb.Poeze,tote ./ , Notary Public Notary Registration Number: 3.7/743 My Commission Expires: Min poi 2 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL IENCY AND FORM SIGNATURE DAN H RMEYER, SENIOR CITY ATTORNEY )- L-1 - 11 DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT/ DIVISION 7 r 4 - I1 eiten rroOk,REAc1 rk .4 4.,,, f " ,nj City of Virinia 1Bcach it ,: 4w-0 ROSEMARY WILSON PHONE'. (757)422-0733 COUNCIL LADY AT-LARGE FAX (757)385-5669 In Reply Refer to 0059878 February 7,2017 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: I. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance to authorize temporary encroachments into a portion of City property located at 1246 Bayne Drive, known as Lynnhaven Park, adjacent to 1870 Enterprise Court. SLN Bancroft, LLC requested the encroachments. 2. SNL Bancroft, LLC has disclosed that Dixon Hughes Goodman is one of its service providers. 3. I have a personal interest in Dixon Hughes Goodman because I receive income from the firm as a result of my late husband's employment by the company. The income is proceeds from the sale of his partnership interest, paid out over an extended period of time. Dixon I lughes Goodman's address is 272 Bendix Road, Suite 500, Virginia Beach, Virginia. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction, because I do not personally provide services to the applicant, 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Ruth I lodges Fraser -2- February 7, 2017 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(1) the Act provides that I may participate in Council's discussion and vote on this application, upon disclosure of this interest. 5. I hereby disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Siiittitern1-47A ncerelly, Rosemary A. n RAW/RRI 73 Item -VI-J.6 ORDINANCES/RESOLUTIONS ITEM#66756 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the FY2016-17 Operating Budget of the Department of Housing and Neighborhood Preservation re:funding allocations for affordable housing Voting' 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert Al. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 7, 2017 1 AN ORDINANCE TO AMEND THE FY 2016-17 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 Department of Housing and Neighborhood Preservation's FY 2016-17 Operating 9 Budget is hereby modified for the amounts and purposes set forth below: 10 11 1. Appropriate an additional $85,872, with federal revenue increased 12 accordingly, to the CDBG Program for the creation or rehabilitation of 13 affordable housing per CDBG regulations; 14 15 2. Appropriate an additional $235,000, with program revenue increased 16 accordingly, for FY 2016-17 HOME Program for affordable housing creation 17 and/or rehabilitation per HOME regulations; 18 19 3. Reduce the appropriations for HOME Program Income by $38,923, with 20 federal revenue decreased accordingly; and 21 22 4. Reduce appropriations for the Continuum Care grant by $59,135, with federal 23 revenue decreased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of February , 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL. SUFFICIENCY: Je) O : , David Bradleyana-12eyer Management Services City Attorney's Office CA13918 R-1 January 25, 2017 74 Item-11-J.7 ORDINANCES/RESOLUTIONS ITEM#66757 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Agreement between the Virginia Department of Agriculture and Consumer Services for partial reimbursement of the purchase of Agricultural Reserve Program (ARP) Easements Voting: 11-U Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 7, 2017 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE AN 3 INTERGOVERNMENTAL AGREEMENT BETWEEN 4 THE VIRGINIA DEPARTMENT OF AGRICULTURE 5 AND CONSUMER SERVICES AND THE CITY OF 6 VIRGINIA BEACH REGARDING THE PURCHASE 7 OF AGRICULTURAL RESERVE PROGRAM 8 EASEMENTS 9 10 WHEREAS, the City of Virginia Beach (the "City") adopted the Agricultural Lands 11 Preservation Ordinance in May 1995, thereby establishing the Agricultural Reserve 12 Program ("ARP"), a comprehensive program for the preservation of agricultural lands 13 within the City; 14 15 WHEREAS, since its inception of the ARP, approximately 9,610.11 acres of land 16 have been placed under easements restricting development of the land to agricultural 17 uses; 18 19 WHEREAS, the General Assembly, by Chapter 780 of the 2016 Acts of 20 Assembly, has appropriated $1,000,000 to the Virginia Department of Agriculture and 21 Consumer Services ("VDACS") for the continuation of a state fund to match local 22 governmental purchases of development rights program funds for the preservation of 23 working farms and forest lands; 24 25 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes the VDACS Office 26 of Farmland Preservation to develop methods and sources of revenue for allocating 27 funds to localities to purchase agricultural conservation easements; 28 29 WHEREAS, VDACS has determined that the City is eligible to receive 30 contributions of funds from VDACS in reimbursement for certain costs the City will incur 31 in the course of purchasing ARP easements; 32 33 WHEREAS, the City and VDACS desire to enter into an agreement wherein 34 VDACS will agree to reimburse the City for certain costs incurred by the City in the 35 course of purchasing ARP easements, up to a cumulative maximum amount of 36 $86,950.00, for a period of two (2) years from the date of the agreement; 37 38 WHEREAS, a copy of the proposed agreement between the City and VDACS, 39 entitled "Intergovernmental Agreement Between Virginia Department of Agriculture and 40 Consumer Services and The City of Virginia Beach," dated December 31, 2016 (the 41 "Agreement"), is on file in the City Clerk's Office; 42 43 WHEREAS, a Summary of Terms of the said Agreement is attached hereto as 44 Exhibit A; and 45 WHEREAS, the City Council finds that the terms of the said Agreement are fair 46 and reasonable and would be of significant benefit to the City and its citizens by 47 providing an additional source of funds for the purchase of ARP easements. 48 49 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 50 OF VIRGINIA BEACH: 51 52 That the City Manager is hereby authorized and directed to execute the 53 Intergovernmental Agreement between the Virginia Department of Agriculture and 54 Consumer Services and the City of Virginia Beach, dated December 31, 2016, so long 55 as the terms are in accordance with the Summary of Terms attached hereto as Exhibit 56 A, and incorporated herein, and such other terms, conditions, or modifications as may 57 be acceptable to the City Manager and in a form deemed satisfactory by the City 58 Attorney, and to take such measures as are necessary or advisable to implement the 59 Agreement. 60 61 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 62 VIRGINIA BEACH: 63 64 That the City Council hereby expresses its appreciation to the Governor, the 65 General Assembly and the Virginia Department of Agriculture and Consumer Services 66 for their continued commitment to the preservation of agriculture within the 67 Commonwealth of Virginia and the City of Virginia Beach. 68 69 Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day 70 of FPhrnary , 2017. Approved as to Content: Approved as to Legal Sufficiency: 4/C ateati>n Dept. of Agriculture City Attorney CA13864 R-1 January 26, 2017 2 EXHIBIT A Summary of Terms Intergovernmental Agreement between Virginia Department of Agriculture and Consumer Services and The City of Virginia Beach (the "Agreement") Parties: The City of Virginia Beach (the "City") and the Virginia Department of Agriculture and Consumer Services ("VDACS"). Background: Since 2008, the City has been approved to receive a total of$1,734,020.20 from VDACS for reimbursement of costs associated with purchasing easements under the City's Agricultural Reserve Program ("ARP"), as follows: 6/24/08 — $403,219.75 1/27/09 — 49,900.00 2/23/10 — 93,932.19 2/22/11 — 12,500.00 6/14/11 — 54,247.37 1/24/12 — 110,952.46 1/22/13 — 160,715.64 3/11/14 — 149,678.46 2/24/15 — 286,983.46 2/02/16 — 411,890.87 The City is now eligible to receive an additional $86,950.00 in VDACS funds. VDACS Responsibilities: VDACS will reimburse the City for certain costs of purchasing ARP easements. The maximum amount in new funding over the next two years is $86,950.00 under the Agreement. Reimbursable items include: • cost of Treasury STRIPS acquired to purchase the easement • title insurance • appraisals • physical surveys • reasonable attorney's fees • public notices • recordation fees Maximum reimbursement for a single purchase is equal to 50% of the sum of the amounts actually paid by the City for the purchase price of the easement and reimbursable costs. City of Virginia Beach Responsibilities: • Obtain title insurance on City's purchased interest that covers an amount at least equal to the amount for which City requests reimbursement from VDACS. • Utilize state funds to further protect agricultural lands by purchasing development rights. • Submit an annual progress report to VDACS each year that the Agreement is in effect to: (i) describe any prospective properties and the status of any negotiations; (ii) provide estimated timeframes for execution of purchase agreements; (iii) describe City's public outreach program designed to educate various stakeholders; (iv) describe City's development and maintenance of a monitoring program; and (v) describe how City is continually evaluating the effectiveness of the ARP program. • Enforce terms of each ARP easement. • If City sells development rights back to the property owner, City must reimburse VDACS in an amount proportional to the VDACS contribution toward the total reimbursable cost of acquiring the ARP easement. • Within 30 days of execution of the Agreement, City shall have available local funds greater than or equal to the allocation amount for the purpose of purchasing ARP easements. Duration and Termination: • Term is two years from the date of the Agreement (December 31, 2016 through December 31, 2018). • City may be recertified as eligible for future funding, but not guaranteed. • The Agreement may be terminated if the City fails to perform any of its obligations under the terms of the Agreement. • If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other Purchase of Development Rights programs. 2 75 Item -V1-J.8 ORDINANCES/RESOLUTIONS ITEM#66758 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT,Resolution to SUPPORT Use of Local Funding for "Centerville Turnpike Phase III" Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 7, 2017 1 A RESOLUTION OF SUPPORT FOR THE USE OF LOCAL 2 FUNDING ON CAPITAL PROJECT #2-419, "CENTERVILLE 3 TURNPIKE PHASE III" 4 5 WHEREAS, the City of Virginia Beach was awarded $6 million through the 6 Virginia Department of Transportation ("VDOT") SMART SCALE program for completion 7 of Capital Project #2-419, "Centerville Turnpike Phase III;" and 8 9 WHEREAS, to retain the SMART SCALE program funding for CIP #2-419, VDOT 10 requires the City to adopt a resolution stating the local body's commitment to providing 11 local funding for the aforementioned Capital Project. 12 13 WHEREAS, the adopted FY2016-2017 Capital Improvement Program has more 14 than $24 million in local funding programmed for CIP #2-419, and provided the Council 15 follows the programmed funding set forth in the FY2016-2017 CIP, CIP #2-419 will be 16 fully appropriated in FY2021. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 The City Council intends to use local funding in the amounts and at the times 22 stated in the Adopted FY2016-2017 Capital Improvement Program, and the Council 23 intends to comply with the SMART SCALE requirements, including retaining local funds 24 in Capital Project #2-419, Centerville Turnpike Phase III." Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of February , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL S - Y: David Bradley s- r . ':rme er Budget and Management Services City Attorney's Office CA13916 R-1 January 25, 2017 0 � 0 _ j.r ,a ... COO o0 ° "O 0Y Ya La ° vvi + w caw • +' a m ;9•. •AI Y C "0°'Up > N D o Y 0 f t ' -a «' -OL O H _C a ai {^i MC c 1... v v -° z V •Kal_c sv, c tial' n • o m c ° 0 o 0 ,.off'` . . 'ry6letn�nP1 a▪ m ° -° 0 v 3 c v N i e n ' r E �" yC > u' aU c om `z ✓ v a v o > m v (" 3 VI sa noYu � vH -0@ ° U N -0 N `1 T -O N Vl C e6 O C 41 O C v . II = (1a >. 20 E 2 > Y o o v m 0 w .v. > v .c m c E- -oh0'p d � a '° O c L_ v O > C 0 V 3 I` 7 lifN N -° ° O O N Q N N p- N t v u -013 � w v y 3 am 00.3-• 0 '" E 0 " w C o 'w •� s a c c -O c .�U v V Q S. a Y v ° a > c a E 0 s n •Fo 77-0 0 _ O 3 m N _ o C�1� v v m m 73 v a r0 aui al Q W = O O _c ra N _bp d O U 0) ( t'. CU U 0 CI-1 ' M4 J U °- O o y o _ E N Y - o v C 3 c Y 3 E vvi c v . c H r° v u c H t o ° 3 0 0 0tou. c `o c °- v d u •E a ` bEow w _o •-,ci3 c aw O o ,- � 3 a3 alio_ Or > v c .5 Yomm E •- _c CI oO V 01 U `= m U ocO 0 w V y s y '^ - co > in 2 0 t0 :5.• c ° 03• 4 ° « v L° v v •� m _>-I a our !„ s u �- 0 m o 3 u v 1%' • Y o. u o ' 1. ft- U O c 8 w m 0 0 a H O Ve 76 Item -VI-19a ORDINANCES/RESOLUTIONS ITEM#66759 Andrew Jackson, African American Leadership Forum, spoke in OPPOSITOIN Mr. Jackson understands the City claims to be the "Greatest City in the World" and yet the City does not treat the Citizens fairly. Gary McColum, Virginia Beach Interdenominational Ministers Conference, 3901 Meeting House Road, Phone: 708-5987, spoke in OPPOSITION. Mr. McColum advised the "elephant in the room" is the City's position regarding the Disparity Study. The City has made numerous excuses to avoid participating in a Disparity Study. Seven of the ten fastest-growing regions in the country have all participated in a Disparity Study and use the study as a "marketing tool"to bring the best and brightest to their community. A Disparity Study will send the message that "Virginia Beach is OPEN for all businesses". Seko Varner, 200+ Men, 611 Masefield Circle, Phone: 965-7504, spoke in OPPOSITION Mr. Varner advised he is interested in a Disparity Study. They are not interested in a partial Study as suggested by the City Manager. The Study will identify f a disparity exists and ensures the City is open and doing businesses with all citizens. Georgia F. Allen, Former President Virginia Beach NAACP, 4649 Merrimac Lane, Phone: 405-4240, spoke in OPPOSITION. In 2017 there is no one "of color"serving on this City Council. James Allen did not respond Yvonne Leonard, /101 Candlewood Drive, Phone: 589-0355, spoke in OPPOSITION. Ms. Leonard supports the Minority Business Council, the Human Rights Commission and VB Vision recommendation of conducting the Disparity Study. The City's expenditures do not represent the diversity of this City. Cheryl Turpin, 656 Rosaer Lane, Phone: 282-1978, spoke in OPPOSITION. Ms. Turpin requested the City gather the data to fully fund a Disparity Study. The City cannot move forward until this Study takes place. Veronica Coleman, 1909 Buckhorn Court, Phone: 572-4391, spoke in OPPOSITION. Ms. Coleman feels the City desperately needs to complete a Disparity Study. This Study will idents the difference between the goals and actuals. Upon motion by Councilman Moss, seconded by Councilman Uhrin, City Council ADOPTED, Ordinance to APPROPRIATE: a. $358,000 from the Police Federal and State Seized Assets Special Revenue Fund re police equipment and office renovation February 7, 2017 77 Item-VI-J.9a ORDINANCES/RESOLUTIONS ITEM#66759 (Continued) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. February 7, 2017 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE FEDERAL AND STATE SEIZED ASSET FUND FOR 3 POLICE EQUIPMENT AND OFFICE RENOVATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $358,000 is hereby appropriated from the Fund Balance of the Federal and 9 State Seized Asset Fund, with specific Fund Reserves increased accordingly, to the FY 10 2016-17 Police Department Operating Budget to purchase equipment and building 11 improvements. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of February 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley i :-na arm-yer Budget and Management Services City Attorney's Office CA13915 R-1 January 25, 2017 78 Item -VI-J.9b ORDINANCES/RESOLUTIONS ITEM#66760 Upon motion by Councilman Moss, seconded by Councilman Uhrin, City Council ADOPTED, Ordinance to APPROPRIATE: b. $29,893 from the Sheriff's Office Federal and State Seized Assets Fund re technical maintenance and support Voting.- 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. February 7, 2017 1 AN ORDINANCE TO APPROPRIATE FROM THE 2 FUND BALANCE OF THE SHERIFF'S OFFICE 3 FEDERAL AND STATE SEIZED ASSETS FUND 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $29,893 is hereby appropriated from the Fund Balance of the Sheriffs 9 Office Federal/State Seized Assets Fund, with Specific Fund Reserve Revenue 10 increased accordingly, to the FY 2016-17 Sheriff's Office Operating Budget for technical 11 maintenance and support of mobile data computers previously purchased. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of February , 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley I- a .rme er Budget and Management Services City Attorney's Office CA13917 R-1 January 25, 2017 79 Item—VI-K PLANNING ITEM#66761 1. FOURTH SHOT,LLC CONDITIONAL USE PERMIT 2. JANICE P. FUCCI CONDITIONAL USE PERMIT 3. RICHARD SCOTT and LINDA B. ALLEN CONDITIONAL USE PERMIT 4. PENNYMARIE S. LAZA USKAS CONDITIONAL USE PERMIT 5.EXPRESS OIL CHANGE& TIRE ENGINEERS CONDITIONAL USE PERMIT 6. ALEXANDER P. KNAB VARIANCE 7. LYNN PLAZA INVESTMENTS,LLC VARIANCE 8. MA NO US OS ENTERPRISES, INC VARIANCE 9. BIRDNECK STORAGE 2,LLC CONDITIONAL CHANGE OF ZONING 10. TALL WOOD,LP CONDITIONAL CHANGE OF ZONING MAYOR SESSOMS WILL ABSTAIN ON ITEM#2 COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#6 COUNCILMAN WOOD WILL ABSTAIN ON ITEM#7 ITEM#9 WILL BE CONSIDERED SEPARATELY February 7, 2017 80 Item -VI-K PLANNING ITEM#66762 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT: Items 1, 2(MAYOR SESSOMS ABSTAIN), 3, 4, 5, 6(MOSS VERBAL NAY), 7(WOOD ABSTAIN), 8 and 70 of the PLANNING AGENDA Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 7, 2017 81 Item—VI-K.1 PLANNING ITEM#66763 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of FOURTH SHOT, LLC and DON BROCKWELL for a Conditional Use Permit re a Tattoo Parlor at 1017 Laskin Road DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of FOURTH SHOT, LLC and DON BROCKWELL Jar a Conditional Use Permit re a Tattoo Parlor at 1017 Laskin Road(GPIN 2418617063)DISTRICT 6—BEACH The following conditions shall he required: 1. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual Tattoo application shall not be visible from the exterior of the establishment. 3. Any on-site signage for the Tattoo establishment shall meet the requirements of the City Zoning Ordinance (CZO), and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of the signage. 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, Seventh day of February, Two Thousand Seventeen. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Al. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 7, 2017 D � , � \ CO , W a c ;, >E A v \ ' t N. \ ` S .. 1 YA'Al, r+ 1011, 1 j] Fi xl 5 ‘61 Ilk � '.:Lt; } ShLav �r s y � ii i x • IPYK, iki `, --)1 fS Jl b. }fi`�€ It i _�- ryr ii -Co .� t: 1 4 82 Item—VI-K.2 PLANNING ITEM#66764 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of JANICE P. FUCCI and BIRDNECK ASSOCIATES for a Conditional Use Permit re a Tattoo Parlor at 515 North Birdneck Road DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of JANICE P. FUCCI and BIRDNECK ASSOCIATES for a Conditional Use Permit re a Tattoo Parlor at 515 North Birdneck Road(GPIN 241 758 912 6) DISTRICT 6—BEACH The following conditions shall be required: I. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of Tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the Tattoo establishment shall meet the requirements of the City Zoning Ordinance (CZO). There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows or on the doors. Window signage shall not be permitted. The building signage shall not be a "box sign", but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 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, Seventh day of February, Two Thousand Seventeen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert At Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: None February 7, 2017 C-- ITELI 1 ao la ti J �< i rj -F1 5 O � ct�to f ,r_ , i �' t u in N 1 ti G( }' , { _r1 N NA ri- M 14 rinf a1 IL kap ware +dam frfrr9 . 0 E . N r ii, , i tick 1 rn Nki Sk } 4 LIn. [ FrantailirlakeVariV . ! TN r \ Q J • , Op CO C4r in it-I i -,, Q. \ /C I 7 .1N (C.K\-\7\.CX--\\' -\5 [77--r-7 it. _ ET - _t_ti.i ar' 4 -- 1 ---7 60A aFgc J�4 �•1,�h'L S City of Virzinia T3each Ci o zs saq s - ec o"R NALO4 WILLIAM D.SESSOMS.JR. MUNICIPAL CENTER MAYOR BUILDING I 24U1 COURTHOUSE DRIVE VIRGINIA BEACH.VA 254569000 In Reply Refer to 0059877 FAX j75�585-5699 wssssoms@vbgovcom February 7, 2017 Mrs. Ruth I lodges 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: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Janice P. Fucci for a conditional use permit for property owned by Birdneck Associates and located at 515 North Birdneck Road. 2. The property owner has disclosed that related entities of the property owner have a deed of trust with TowneBank with cross-collateralization that includes the property that is the subject of this application. 3. I have a personal interest in Townel3ank, which is located at 600 22"d Street in Virginia Beach, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely. William D. Sessoms Mayor WDS/RRI 83 Item—VI-K.3 PLANNING ITEM#66765 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of RICHARD SCOTT and LINDA B. ALLEN for a Conditional Use Permit re a Residential Kennel at 3769 West Neck Road DISTRICT 7— PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of RICHARD SCOTT and LINDA B. ALLEN for a Conditional Use Permit re a Residential Kennel at 3769 West Neck Road(GPIN 2402227621)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. The applicant shall comply with the provisions of Section 223 of the City Zoning Ordinance(CZO) that pertains to a Residential Kennel. 2. No more than ten (10) adult dogs shall be permitted to live on the property at all times. 3. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 4. All dogs shall be current with all required shots and shall be properly licensed through the City of Virginia Beach. 5. No land disturbance or dog runs shall be permitted within the fifty (50)foot Southern Rivers Buffer. 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, Seventh day of February, Two Thousand Seventeen. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Ses'soms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 7, 2017 I: / r- a ie.L N ` � a �jt. ' •1 - la 7- .." v! • th a i /-171 * - a N a ea 1 N § A C, I - ip 1 i - . 4. • ..,, 04 . :., a `,. .. ,, . .. < \1/4 0 .•- 4 `m 4 J 84 Item—VI-K.4 PLANNING ITEM#66766 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of PENNYMARIE S. LAZAUSKAS for a Conditional Use Permit re Home-Based Wildlife Rehabilitation at 1704 Grindstone Court DISTRICT 3 —ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of PENNYMARIE S. LAZA USKAS for a Conditional Use Permit re Home-Based Wildlife Rehabilitation at 1704 Grindstone Court (GPIN 2404642089)DISTRICT 3—ROSE HALL The following conditions shall be required: 1. The applicant shall comply with all of the provisions of§ 242.3 of the City Zoning Ordinance (CZO)pertaining to the Home-Based Wildlife Rehabilitation Center. 2. No animals shall he dropped-off between the hours of 10:00 PM and 7:00 AM 3. No animals shall be released at the subject site after being rehabilitated. 4. The applicant shall maintain the existing six (6)foot high privacy fence that encloses the backyard such that all activity and all structures associated with the Home-Based Wildlife Rehabilitation are screened from view. This Ordinance shall be effective in accordance with Section 107(J) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Seventh day of February, Two Thousand Seventeen. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 7, 2017 n-- _ . r rte ii I 0 a1 / j II I +I. -�, ..W -. r! /r _ \ a i • ' !"" t "��/Q �� ) , , j T !, • I ash r --filni ,.._______ r r . \ ...., ...„,...„..„. „J., co eu -.l fly" _gl V r ai 21 l vi 0 CD L.-- 1 a _____ ,.. zi :_l L ' P \ .., .„ \, , ,, [1 �` c , k \ A 0 cil i, X y • N • \ . 0 II t N CO N COtict47--',2-.',..., ,'• JU' �2. ' AV ff f7crk44, N N Q ti m \ N 87 Item—VI-K.6 PLANNING ITEM#66768 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of ALEXANDER P. KNAB for a Variance to§ 4.4(b) of the Subdivision Regulations re lot width at 316 Mace Hill Street DISTRICT 6— BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ALEXANDER P. KNAB for a Variance to§ 4.4(b) of the Subdivision Regulations re lot width at 316 Mace Hill Street(GPIN 2426288845)DISTRICT 6—BEACH The following conditions shall be required: I. The site shall be substantially as shown on the submitted survey entitled "PHYSICAL SURVEY OF WESTERN 65 FEET OF LOT 10, SUBDIVISION OF PARCEL 15 — BLOCKS 33 & 34, CROATAN BEACH FOR ALEXANDER P. KNAB VIRGINIA BEACH VIRGINIA, "dated September 22, 2011, and prepared by John E. Sirine and Associates, LTD. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department 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, Seventh day of February, Two Thousand Seventeen. Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sesmms, Jr., John F. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. John D. Moss Council Members Absent: None February 7, 2017 O wli. '4 4 O i, l tt 1 W r‘ f _ gy010 p'"`" ----i'---- ..41C'4414 1 t III ., Jr, S •V III -------------- r 1 \ • I 1 O 4 � 1 V `J 1. ._- O • --lei .,-------"-\ .>>y r j rcx ., j .OIH ' Ce t �,1 �r 1 '1 1 -.-�l LL/ I`-\lin t �)4 4 qv li O I\ "4 I 440) at s V Z ` IN ii V It p itiCiL Z 1 r _ _ 88 Item-VI-K.7 PLANNING ITEM#66769 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of LYNN PLAZA INVESTMENTS, LLC for a Variance to§ 4.4 (b) of the Subdivision Regulations re lot width at 845 Lynnhaven Parkway DISTRICT 3-ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA Ordinance upon application of LYNN PLAZA INVESTMENTS, LLC for a Variance to§ 4.4 (b) of the Subdivision Regulations re lot width at 845 Lynnhaven Parkway (GPIN 1496347353) DISTRICT 3 - ROSE HALL The following conditions shall be required: 1. When subdivided, the parcel shall be subdivided as depicted on the submitted preliminary Plat entitled, "SUBDIVISION OF LOT IAI, VIRGINIA BEACH, VIRGINIA, " dated May 4, 2016, and prepared by MSA, P.C. Said plat has been displayed to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. The applicant shall record a one (1)foot "No ingress/egress" easement along the frontage of proposed "LOT IA 1-B"directly adjacent to Lynnhaven Parkway. 3. All vehicular ingress/egress easements depicted on the Plat identified in Condition One(I) above shall be recorded on the final Plat. 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, Seventh day of February, Two Thousand Seventeen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Abstaining: James L. Wood Council Members Absent: None February 7, 2017 \\ "'. \i V r t J f f 0 44 ��t Lr-la n • ______; \ 'CO 1 • LI r --1 \ t-.. r.,. ��• p ��} ' J �,E 1 n 4 •' cm r-Ott 1 ` M1 a -: r Iti/ \ ILF: tb\L /�1 •� s* '+STS iti E 1. , !tr.,q 4 jo I II li \ N �i N 1 1� mf /3 s , C N ti ] rr M i .) ...,.....,— — 'f-trei . .!`' A_1___________) It C-----:\ II---7.11. rri_s i- if N. y LL fVr `f �. 1 m — _ • its ~�1` -ak irnly..., 1f I . ,tG4NIA 8£4c6 it 2 u 5 City of Virirzia I leach i to- ts , 0e' °F- OUR No"' Coni JAMES L.WOOD PHONE. 1757)340-8411 COUNCILMAN-DISTRICT 5•LYNNHAVEN FAX'. (757)3402082 In Reply Refer to 0059883 1Iwoo,IWvwgoveom February 7,2017 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: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: I. I am executing this written disclosure regarding City Council's discussion and vote on the application of Lynn Plaza Investments, LLC for a subdivision variance for property located at 845 Lynnhaven Parkway. 2. Property adjacent to the property that is the subject of this application and located at GPIN 1496-34-2200 is owned by South Lynnhaven, L.LC. 3. I have a personal interest in South Lynnhaven, LLC. Its principal office address is 3561 Piedmont Circle,Virginia Beach, Virginia. 3. I have chosen to disclose this interest and abstain from voting on this application. Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, 61. Wood nmember JLW/RRI 208 ASH AVENUE,SUITE 101.VIRGINIA BEACH,VA 23452 89 Item—VI-K.8 PLANNING ITEM#66770 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of MANOUSOS ENTERPRISES, Inc. for a Variance to § 4.4 (b) of the Subdivision Regulations re a flag lot at 1337 Ferry Point Road DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MANOUSOS ENTERPRISES, Inc.for a Variance to § 4.4 (b) of the Subdivision Regulations re a flag lot at 1337 Ferry Point Road (GPIN 1465098115) DISTRICT 2 — KEMPSVILLE The following conditions shall be required: 1. When subdivided, the property shall be developed as shown on the submitted preliminary Plat entitled "1357 Ferry Point Road LOT 5B SUBDIVISION OF PROPERTY LOT 5: PRELIMINARY SUBDIVISION EXHIBIT" dated August 17, 2016, and prepared by Pinnacle Group Engineering, Inc., a copy of which has been exhibited to the Virginia Beach City Council and a copy of which is on file with the Planning Department. 2. When the property is developed, the residential dwellings constructed shall have architectural features and appearance of like quality and character to the homes depicted on the submitted elevations in the "Proposed Elevations (Lot 5B-1 and 5B- 21" Exhibits attached to this Staff Report, which has been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 3. All parcels shall connect to City water via a single and exclusive water service line. 4. All parcels shall connect to City sewer via a single and exclusive sanitary sewer lateral. 5. Only single-family dwellings shall be constructed on Parcels 5B-I and 5B-2 depicted in the preliminary Plat referenced in Condition 1 above. No duplex dwellings will be permitted. 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, Seventh day of February, Two Thousand Seventeen. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 7, 2017 ._. / y, ... I / Xi ... al%,...., N144111111% . .",..„. -"..., '....., ..) XI I0 C,11 / 0 / // --.„ --„, / --,„, :,: '•,-,-f, ,,, , 11/4\ / '‘j '',:' „, ',',,T-.::),- ; ; - / , -....,,,, -....,_ , "... r 0 P.1 C.I ' : . 71 / / / / 0 ----. ''-`.•\, ../ 90 Item—VI-K.9 PLANNING ITEM#66771 Edward Bourdon, Attorney for the Applicant spoke in SUPPORT Ryan Powell, 612 Hessian Road, Phone: 428-7600, Applicant spoke in SUPPORT E. George Minns, 236 Shipps Lane, Phone: 575-8109, Seatack Community Civic League—President spoke in OPPOSITION. Andrew Jackson, spoke in OPPOSITION. Scott Smiler, 1049 Olds Lane, Phone: 739-2657, spoke in OPPOSITION. Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council APPROVED, AS PROFFERED, Ordinance upon application of BIRDNECK STORAGE 2,LLC for a Conditional Change o Zonin from R-10 Residential to Conditional I-1 Industrial District for redevelopment and self-storage at 1044, 1052 and 1054 Bells Road(Deferred September 6, 2016)DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BIRDNECK STORAGE 2, LLC for a Conditional Change of Zoning from R-10 Residential to Conditional I-1 Industrial District for redevelopment and self-storage at 1044, 1052 and 1054 Bells Road (Deferred September 6, 2016) (GPIN) DISTRICT 6 — BEACH The following condition shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of the Circuit Court. 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, Seventh day of February, Two Thousand Seventeen. February 7, 2017 91 Item—VI-K.9 PLANNING ITEM#66771 (Continued) Voting: 8-2 Council Members Voting Aye: M. Benjamin Davenport, Robert Al. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Jessica P. Abbott John D. Moss Council Members Absent: Mayor William D. Sessoms, Jr. February 7, 2017 ' -- , s{ } Li..) i . \ ,----- , N 4 ,' f xi — ?W ci ti 1 llit , ' ist. xi 1 O ., 1 . 11\‘‘ I l it j , ;_� ,..,\\II\s h ki I I IkliSlii.% it:11 1, _- i l * ,, JSP a^6i �L rs ?O ACS, '?- t CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE � a t,vr11 In Reply Refer To Our File No. DF-9543 DATE: January 27, 2017 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Birdneck Storage 2, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 7, 2017. I have reviewed the subject proffer agreement, dated January 29, 2016 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom BIRDNECK STORAGE 2, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of January, 2016, by and between BIRDNECK STORAGE 2, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of three (3) parcels of property located in the Beach District of the City of Virginia Beach, containing approximately 1.935 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference which parcels are collectively referred to herein as the"Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-10 Residential District to Conditional I-i Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and GPIN: 2416-58-1110 2416-58-2140 2416-57-1965 PREPARED BY S B SYkES. I1O('PDON. L AI I Id2N R f E3 Y,pt: I Prepared By: R.Edward Bourdon,Jr.,Esquire VSB*2216o Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Moor Virginia Beach,Virginia 23462 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of III said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid proquo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, the vehicular access, landscaping, building locations and setbacks shall be substantially as depicted on the exhibits entitled, I "REZONING EXHIBIT BIRDNECK STORAGE 2, LLC, Virginia Beach, Virginia," and "REZONING EXHIBIT — EXHIBIT #2 BIRDNECK STORAGE 2, LLC, Virginia Beach, Virginia", dated January 29, 2016, prepared by WPL, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter"Concept Plans"). 2. When the Property is developed, the mini storage buildings depicted on the Concept Plans shall have the architectural design, appearance, height and exterior building materials substantially as depicted and described on the three (3) exhibits labeled "TYPICAL SOUTH ELEVATIONS OF TWO BUILDINGS FACING BELLS ROAD"; "TYPICAL ELEVATION FOR BUILDINGS ALONG EAST AND NORTH PROPERTY LINES"; and "TYPICAL DRIVE AISLE ELEVATIONS FOR ALL BUILDINGS", which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach PREPARED BY. Department of Planning (hereinafter the"Elevations"). .3I3'• sous.11OO2UON. MIAnPN&l.Fvv.Vr 3. When the Property is developed, the freestanding sign depicted on the Concept Plans shall be an externally ]it, monument style sign not exceeding eight feet (8') in total height, which will be constructed using materials of a color and quality that is 9 swith that used on the exterior of the buildings substantially similar and compatible g developed on the Property. An elevation depicting and describing the monument style sign shall be submitted to the Planning Director for approval prior to issuance of a permit for its construction or installation. A permit shall be obtained from the Planning I Department, Zoning Division, for any signage located on the Property. 4. When the Property is developed, access will be gated and restricted to "Pass Code" entry only between the hours of 9:oo AM and 9:0o PM Monday through Friday and between the hours of 8:oo AM and 8:oo PM on Saturday and Sunday, with no access permitted between the PM closing and AM opening times. 5. When the Property is developed, there will be no permanent dumpster location on the site. 6. When the Property is developed, a photometric (i.e. lighting) plan shall be submitted for review and approval with the Site Plan to confirm that all lighting will be shielded and directed downward to limit the amount of light overspill outside the property boundary. 7. When the Property is developed, a detailed landscape plan shall be submitted for review and approval with the Site Plan which is reflective of the plantings depicted on the Concept Plan. 8. When the Property is developed, the property shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, auto repair, or any other purpose not consistent with the storage of goods. There shall be no exterior (outside) storage of motorized vehicles on the Property. 9. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the R-io and I-i Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. PREPARED BY The above conditions, having been proffered by the Grantor and allowed and SW SW-S.POI WON. AB AHERN& IT I accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a 3 subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code III of Virginia, 195o, as amended. Said ordinance or resolution shall be recorded along with 1 I said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (t) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such " conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior I to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded PREPARED BY in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed SillSYKhS. I (11 Iimhx. �Y�;lutes 81611'.Lr_. � in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Birdneck Storage 2, LLC, a Virginia limited liability company By` I `. r _._ (SEAL) Ryan Pow; 1, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 29th day of January, 2016, by Ryan Powell, Manager of Birdneck Storage 2, LLC, a Virginia limited liability company, Grantor. . // i C � i Notary Public ' My Commission Expires: August 31, 2018 R. H Notary Registration Number: 192628 .S'^TM.. '; 1stry0° V. PREPARED BY: S B SYKEs. NOURDON. M I_ AIIEJIN R LEVY.NC , 5 EXHIBIT "A" PARCEL ONE: 1054 BELLS ROAD,VIRGINIA BEACH • ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, known and designated as Lot T-2, as shown on that certain plat entitled "SUBDIVISION OF PARCEL "1' IIEIRS OF OTIS JAMES FARRAR", made by Mel Smith &Associates, dated December 29, 1989, and duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 285, at Page 95, to which reference is here made GPIN: 2416-58-1110 PARCEL TWO: 1044 BELLS ROAD,VIRGINIA BEACH ' ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, known and designated as Lot T-3, as shown on that certain plat entitled "SUBDIVISION OF PARCEL 'T' HEIRS OF OTIS JAMES FARRAR", made by Mel Smith & Associates, dated December 29, 1989, and duly of record in the Clerk's Office of the Circuit Court of the Cite of Virginia Beach,Virginia, in Map Book 285, at Page 95, to which reference { is here made. GPIN: 2416-58-2140 PARCEL THREE: 1052 BELLS ROAD, VIRGINIA BEACII ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, known and designated as Lot T-4, as shown on that certain plat entitled "SUBDIVISION OF PARCEL `T' HEIRS OF OTIS JAMES FARRAR", made by Mel Smith & Associates, dated December 29, 1989, and duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Map Book 285, at Page 95,to which reference is here made. GPIN: 2416-57-1965 H:AA1'P Conditional Rezoning\Birdneck Storage 2\Proffer.doc PREPARED 9Y: I3. SYKTS 11oIRPON. AIIFIN&LEVY,N.0 I 6 92 Item—VI-K.108 PLANNING ITEM#66772 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, AS PROFFERD, BY CONSENT: Ordinance upon application of TALLWOOD, LP for a Conditional Change ofZoninEfrom PDH2 (R-SD Residential Duplex District overlay) to Conditional A-18 Apartment District at 5705 Schoolhouse Road DISTRICT 1 —CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of TALLWOOD, LP for a Conditional Change of Zoning from PDH2 (R-5D Residential Duplex District overlay) to Conditional A-18 Apartment District at 5705 Schoolhouse Road(GPIN 1455716840)DISTRICT I—CENTERVILLE The following condition shall be required: An Agreement encompassing Proffers shall he recorded with the Clerk of the Circuit Court. 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, Seventh day of February, Two Thousand Seventeen. Voting: I1-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 7, 2017 ..-, ..--- \, Sk\Neh, . - -., c--" sr se \ 1 ' A„:- ' ".' •,„‘,,;:, :.'-;.4„, / Nt-,...-„, ; ,,,t,„„rr, • „.. . S"-‘' ., !tot N '-- • • > • ,,,.4' 1i e P.3. . -Ph ' • ',, * ------- . l-fte'.. 1\44,H) a , . - _ i ...., . • „.. .. - . . , . . . . .1 . , 1 . .. ... ..... - •••'1St '1.,...--'- CA - "i„•' 0 .... . . , . . .„ . .. ... . , . .. - . . . ------_---_,-,------ G�NlAB£gC p l f P E �/1� CITY OF VIRGINIA BEACH w - ' IN'I LR-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-9756 DATE: January 26, 2017 TO: Mark D. Stiles DEPT-DEPT: City Attorney FROM: B. Kay Wilsol'tDEPT: City Attorney RE: Conditional Zoning Application; Tallwood, LP The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 7, 2017. I have reviewed the subject proffer agreement, dated September 30, 2016 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom TALLWOOD, L.P., a Virginia limited partnership TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of September, 2016, by and between TALLWOOD, L.P., a Virginia limited partnership, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that parcel of property located in the Centerville District of the City of Virginia Beach, Virginia, containing approximately 7.878 acres, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, said parcel is hereinafter referred to as the"Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from PDH-2 Planned Unit Development District to Conditional A-18 Apartment District; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-18 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element GPIN: 1455-71-6840 Prepared By: R.Edward Bourdon,Jr., Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Blvd. Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 of compulsion or quid pro guo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. The Property will remain developed as a multifamily residential community of no more than one hundred twenty (120) dwelling units with a clubhouse, swimming pool, tot lot, recreation field, and trail substantially as depicted on the "EXHIBIT TO ACCOMPANY REZONING APPLICATION FOR TALLWOOD APARTMENTS", dated 9-29- 2016, prepared by Horton & Dodd, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Existing Site Development Plan"). 2. The residential buildings depicted on the Existing Site Development Plan will remain and continue to have the architectural features, exterior building materials and appearance substantially as depicted on the Exhibit entitled, "PHOTOGRAPHS OF TALLWOOD APARTMENTS", dated September 30, 2016, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. Any references hereinabove to the A-18 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the 2 Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 3 WITNESS the following signature and seal: Grantor: Tallwood, L.P.,a Virginia limited partnership By: Tallwood GP, L.L.C., a Virginia limited liability company,its General Partner By \ ..m _ L) . AN ION 4-3/4 f G Inn lo)P . , Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was aclmowledged before me this 2/ru day of V.C., i11h G_,P , 2016, by r Q N Cl f P,,,i +-I-Q Ct--w ck)jQ. , Manager of Tallwood GP, L.L.C., a Virginia limited liability company, General Partner of Tallwood, L.P., a Virginia limited partnership, Grantor. ,cn L . [c l' LI- vma�2.' Notary Public .••�•", KR 1G . FTC•,,,My Commission Expires: F - 'oi 1 - a 1/4::....15-114\ c �F ��y9 •. 7� Notary Registration Number: 9- 5 � i d I OF x: Z' ottipy v;as: • M0oM 4 EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situated in the City of Virginia Beach,Virginia, known, numbered and designated as"PARCEL 6", as shown on that certain plat entitled, "RESUBDIVISION OF A PORTION OF PARCELS 4 AND 5 'SUBDIVISION OF A PART OF TRACT 'A', DIVISION OF W.E. WOODS PROPERTY' (M.B. 184, PG. 61) VIRGINIA BEACH,VIRGINIA", dated June 1, 2000, prepared by Horton & Dodd, P.C., and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Map Book 288, at Page 61. GPIN: 1455-71-6840 Pr\AM\Conditional Rezoning\Tallwood LP\Proffecdoe 5 93 ITEM VI-L APPOINTMENTS ITEM#66773 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION OPEN SPACE ADVISORY PARKS AND RECREATION COMMISSION RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WORKFORCE HOUSING ADVISORY BOARD February 7, 2017 94 ITEM VI-L APPOINTMENTS ITEM#66774 Upon NOMINATION by Council Lady Wilson, City Council APPOINTED: MAYOR WILLIAM D.SESSOMS, JR. Unexpired term thru 06/30/2018 HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDCJ Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara Al. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. February 7, 2017 95 ITEM VI-L APPOINTMENTS ITEM#66775 Upon NOMINATION by Council Lady Wilson, City Council REAPPOINTED: ROBERT BRACKNELL ROBERT SCOTT and APPOINTED JOHN BELL-Alternate Three year term 03/01/2017—02/28/2020 PERSONNEL BOARD Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert Al. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. February 7, 2017 96 ITEM VI-I. APPOINTMENTS ITEM#66776 Upon NOMINATION by Council Lady Wilson, City Council APPOINTED: JESSICA ABBOTT 1 year term: 02/07/2017 03/31/2018 THE PLANNING COUNCIL Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. February 7, 2017 97 ITEM VI-I. APPOINTMENTS ITEM#66777 Upon NOMINATION by Council Lady Wilson, City Council APPOINTED: MICHAEL O'NEIL Unexpired term thru 05/31/2017 plus 3 year term: 06/01/2017-05/31/2020 TOWING ADVISORY BOARD Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. February 7, 2017 98 ITEM VI-L APPOINTMENTS ITEM#66778 Upon NOMINATION by Council Lady Wilson, City Council REAPPOINTED: KAREN KWASNY—representing Planning Commission ROBERT WHITE and APPOINTED JOSEPH EDMONDS 3 year term: 03/01/2017—02/28/2020 TRANSITION AREA INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. February 7, 2017 99 Item -VI-0 ADJOURNMENT ITEM#66779 Mayor William D. Sessoms,Jr., DECLARED the City Council Meeting ADJOURNED at 7:47 P.M. 4kg �1MAila Fi Br es, MMC Chief Deputy City Clerk C.j/. oto th Hodges Fra er, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia February 7, 2017 99 Item -VI-0 ADJOURNMENT ITEM#66779 Vice Mayor Louis R.Jones DECLARED the City Council Meeting ADJOURNED at 7:41 P.M. 11 .4„,i manda Finley-Barne.(MMC Louis R.Jones Chief Deputy City Clerk Vice Mayor i A la R Hodge. raser, MMC illiam D. Sess."�Jr. City Clerk Mayor City of Virginia Beach Virginia February 7, 2017