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HomeMy WebLinkAboutAUGUST 10, 2010 MINUTESCITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 RITA SWEET BELLI77O, At -Large GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeS7EPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne District 7 JOHN E UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES ('ITY MANAGER JAMES K. SPORE CITY AT7'ORNEY - MARK D. STILES CITY ASSESSOR - JERALD BANAGAN CITY AUDITOR -- LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 10 August 2010 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL; Crycncl@vbgov. com I. CITY MANAGER'S BRIEFING: - Conference Room - l I. A. RESORT AREA PARKING METER PILOT PROGRAM — Panhandling and Mike Eason — Resort Administrator Andrew Friedman — Director, Housing and Neighborhood Preservation Jim Davis, Resort Advisory Commission CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW v. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 4:30 PM Homelessness 5:00 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Matt McLaine, Youth Pastor Aragona Church of Christ C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATION July 13, 2010 1. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING Patti Phillips, Director of Finance I. PUBLIC HEARING 1. SALE OF EXCESS PROPERTY 1517, `half of 1525, 1533 Indiana Avenue 216, 220 Middle Lane 229 Roselynn Lane 1556, 1562 New York Avenue J. CONSENT AGENDA I I 1 K. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code: a. §21-406 re notification to Emergency Communications and Citizen Services (3-1-1) by tow truck operators when a vehicle is towed within the City b. §21-230 re designation of Grey Friars Chase, Bellamy Plantation, to the Traffic Calming Ordinance 2. Ordinance to DECLARE certain portions of City property EXCESS and AUTHORIZE the City Manager to execute the necessary documents: a. 1517, one-half of 1525 Indiana Avenue, 216 and 220 Middle Lane re Murray Homes, Inc. b. 1533 and one-half of 1525 Indiana re Cashvan Homes, Inc. c. 229 Roselynn Lane re Joellen Wright d. 1556 and 1562 New York Avenue re Darrell and Jessica Shay Edwards 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Termination Agreement to a Deed of Lease with Southeastern Public Service Authority (SPSA) for property at Landfill No. 2 (DISTRICT 1 — CENTERVILLE) 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with VERONA MED, INC. for the "Pepper's" property at 225 17th Street (DISTRICT 6 — BEACH) 5. Ordinance to AUTHORIZE the supplanting of State funds with City funds re the cost of the Sheriff's Career Development Bonus and the salary increase for the Master Deputy programs in the amounts of $11,767 and $38,034 respectively 6. Resolution to AUTHORIZE execution of a performance contract between the Community Services Board (CSB) and the Virginia Department of Behavioral Health and Developmental Services 7. Ordinances to AUTHORIZE temporary encroachments into a portion of the City -owned right-of-way at Lake Wesley, Bay Island and the Cove of the Lynnhaven River: a. W. CASON BARCO to construct and maintain a boat lift, floating pier, ramp and mooring pile at 565 Virginia Dare Drive (DISTRICT 6 — BEACH) b. WILLIAM EDWARD and ANJANETTE CARRICO SCHLEMMER to construct and maintain a wharf and boat lift at 2316 Windward Shore Drive (DISTRICT 5 — LYNNHAVEN) c. LLOYD W. and MARLENE N. BRANTLEY to construct and maintain a pier and platform at 2725 River Road (DISTRICT 5 — LYNNHAVEN) I 111 8. Ordinance to IMPLEMENT the recommendation of the Resort Advisory Commission to initiate a one-year Parking Meter pilot program to install "Donation Meters" to address panhandling at the Resort Area 9. Resolution of SUPPORT for the Police Department's application for recognition by the Attorney General re their successful "Community Recognition" program in responding to domestic violence 10. Ordinance to ACCEPT and APPROPRIATE: a. $110,757 Grant from the Virginia Department of Health to Emergency Medical Services (EMS) re replacement of defibrillators and related equipment and providing a match of $138,369 from the City's Reserve for Contingency fund. b. $18,600 Grant from Smart Beginnings South Hampton Roads (SBSHR) re an Early Learning Challenge Grant to the Library, $16,800 of which will be used by the Small Business Development Center of Hampton Roads, Inc. to provide services to childcare centers from September through December 2010. (This makes the total grant for one year at $165,750) c. Grant funds from the Virginia Department of Criminal Justice Services to appropriate the balance in the DEA Seized Asset Fund and TRANSFER the local match for the Department of Human Services: $98,092 Federal pass-through funds $10,899 from the Police Department $10,899 from the Sheriff $10,900 within the Department of Human Services d. $228,571 in additional Grant funding from the Virginia Department of Behavioral Health and Developmental Services for services at the Recovery Center and $2,500 from the Gift Fund to Very Special Arts, Inc. (VSA) re cultural services for Human Services clients e. $43,820 "Systems Change Initiative" Grant from the Virginia Department of Criminal Justice Services with a local match of $4,869 to the Court Services Unit to promote systematic change in the local Juvenile Justice system L. PLANNING 1. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for DAVID R., THEODORE E. SR. and KIMBERLY M. THIEMAN, re lot width at 1400 and 1428 Campbell's Landing Road (DISTRICT 7- PRINCESS ANNE) RECOMMENDATION APPROVAL II I 111 2. Application of FRANCIS ASBURY UNITED METHODIST CHURCH for Modification of Conditions (approved on May 25, 1999) re the addition of a Preschool at 1871 North Great Neck Road (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL 3. Application of STEPHEN J. and PAULA H. LAUKAITIS, MAXIM V. MIROVSKI and MARGARET Y. BUMGARTEN for a Conditional Use Permit re a community pier to be shared by two adjacent property owners at 3300 and 3336 Whippoorwill Point (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL 4. Application of RORY KENNEDY/SMO, INC. for a Conditional Use Permit re auto repair garage at 493 South Independence Boulevard (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION APPROVAL 5. Application of HI -SEA, LLC for a Conditional Use Permit re a bank drive-through at Pacific Avenue between 32' Street and Laskin Road at "Beach Center" (DISTRICT 6 — BEACH) RECOMMENDATION APPROVAL M. APPOINTMENTS MINORITY BUSINESS COUNCIL REVIEW and ALLOCATION COMMITTEE (COG) TIDEWATER COMMUNITY COLLEGE BOARD (TCC) N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ********************************* PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** * * * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 * * * * * * * * * * * 1 MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 10, 2010 Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFING re RESORT AREA PARKING METER PILOT PROGRAM in the City Council Conference Room, Tuesday, August 10, 2010, at 4:30 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Harry E. Diezel [Out of City] August 10, 2010 -2 - CITY MANAGER'S BRIEFING RESORT AREA PARKING METER PILOT PROGRAM Panhandling and Homelessness 4:30 P.M. ITEM # 60171 The City Manager advised the Resort Area Parking Meter Pilot Program is a coordinated effort through the Resort Advisory Commission (RAC). This item is reflected as K8 under Ordinances/Resolution of the Formal Agenda. Ordinance to IMPLEMENT the recommendation of the Resort Advisory Commission to initiate a one-year Parking Meter pilot program to install "Donation Meters" to address panhandling at the Resort Area Mike Eason, Resort Administrator, advised the program is entitled: "Power of Change" Those assisting in the presentation weres Jim Davis, Chair — Resort Advisory Commission — Oceanfront Enhancement Committee and Andy Friedman — Director, Housing and Neighborhood Preservation. Oceanfront Enhancement Mission Statement: "The mission of the Oceanfront Enhancement Committee is to propose to RAC new ideas and perspectives that foster the continued ongoing, positive transformation of the Resort for locals and visitors. To that end, we agree that both creating and managing first-class events, programs, and aesthetics have been and will be successful at promoting a secure, inviting, festive, economically vibrant and inclusive atmosphere." OEC (Oceanfront Enhancement Committe Jim Davis, Chair — OEC City Staff Barbara Clark, RBCL Captain. Tony Zucaro, Virginia Beach 2nd Precinct Michael Johnson, Shoreham Sq. HOA Captain Lynn Stafford, Virginia Beach 2"d Precinct George Kotarides, Dough Boys Sergeant. Frank Lutich, Virginia Beach 2nd Precinct Donna Daniels, Resident Helen Gillespie, Virginia Beach Police Department — Crime Prevention Nancy Perry, VBHMA Andy Friedman, Department of Housing and Neighborhood Preservation Michael Crowe, SOS Volunteer John Boylan, Department of Housing and Neighborhood Preservation William Duncan, SOS Volunteer Dale Gravett, Department of Housing and Neighborhood Preservation Margaret Sullivan-Rucka, Parks & Rec. Sharon Prescott, Department of Housing and Neighborhood Preservation Charles Hammond, Lighthouse Center Focus Group Participant Cheryl Molinet, Human Services Jennifer Vaughan, Potter's House Mike Eason, SGA/Resort Management Sister Mary Ann, Star of the Sea Erica Brown, SGA/Resort Management Deborah Maloney, Volunteers of America Reverend Ted David, Virginia Beach United Methodist Church John P. Clarke, MD, Potter's House Sue Bixler, PATH- MHSA Molly Jones, Upper Room Bobby Melatti, BeachEvents August 10, 2010 I -3- CITY MANAGER'S BRIEFING RESORT AREA PARKING METER PILOT PROGRAM Panhandling and Homelessness ITEM # 60171 (Continued) One (1) member of the Focus Group was homeless and another member had previously BEEN homeless. Both members were instrumental in providing insight into the critical issues the Committee was reviewing at this particular time. The Committee, under the leadership of Jim Davis, provided a critical analysis of the issues and the potential solutions. Mr. Eason introduced Jim Davis to provide the Briefing relative the process and recommendations of the Program. "Power of Change" OEC (Oceanfront Enhancement Committee) Problem Statement: "The quality of life and visitor experience at the Oceanfront is being negatively impacted by behavior of certain people who may be experiencing homelessness." • The following behaviors were the focus of concern: • Aggressive and abusive actions against residents, tourists and businesses • Panhandling • Drunk and disorderly behavior in public • Sleeping on public and private property • Urinating in public places • Belongings left unattended in parks and other places "Power of Change" Process: Community Anti -Drug Coalitions of America (CADCA) model used to identify six (6) strategies • Increase access to temporary job service • Peer-to-peer intervention support • Educate public and provide alternative options for giving • Education and training for retail clerks serving alcohol • Support for the new Lighthouse Center • Assisting with streamlining the ID process • Investigated successful models used in other cities • Denver, Colorado • Laguna Beach, California • Identified the Meter Donation program as best viable strategy • Recommendations: • Conduct pilot program for one year using eight (8) meters strategically located along the Boardwalk • Funding derived from meter sponsorship and donations August 10, 2010 -4 - CITY MANAGER'S BRIEFING RESORT AREA PARKING METER PILOT PROGRAM Panhandling and Homelessness ITEM # 60171 (Continued) Andrew Friedman, Director — Housing and Neighborhood Preservation, advised this is an opportunity to bring together stakeholders at the Resort, many of whom have participated in the Oceanfront Enhancement Committee to develop this program. "Power of Change" Process to Utilize Funds and Implement Actions: • Establish Advisory Committee, comprised of Resort stakeholders from faith organizations, non profits, City agencies and homeless persons • Establish goals and objectives aligned with the OEC's goals • Identify actions or initiatives to achieve the goals • Direct funds collected thru the Meter Donation program to appropriate organization to implement Evaluate and Report Back: • Review progress with feedback from Resort Advisory Commission (RAC) and Oceanfront Enhancement Committee (OEC) • Report back to City Council after a year with recommendations Summary: • The Resort Advisory Commission has recommended a one year pilot program with a follow-up report to City Council • City staff will collect from meters weekly. Parking Enterprise Fund will provide and install eight (8) renovated used meters • Request City Council approval of appropriation ordinance August 10, 2010 - 5 - C IT COUNCIL LIAISONS 4:57 P.M. ITEM # 60172 Mayor Sessoms shall be added to SANDLER CENTER (under Special Projects) CITY COUNCIL REPRESENTATIVES CITY COUNCIL LIAISONS [Revised 8.10.10/ AD HOC COMMITTEES ADVERTISING ADVISORY COMMITTEE John E. Uhrin AUDIT COMMITTEE John E. Uhrin BAYFRONT ADVISORY COMMITTEE Louis R. Jones BIKEWAYS / TRAILS ADVISORY COMMITTEE Barbara M. Henley GREEN RIBBON COMMITTEE Barbara M. Henley INVESTMENT PARTNERSHIP ADVISORY COMMITTEE John E. Uhrin JOINT CITY/SCHOOL MODERNIZATION COMMITTEE Rosemary Wilson Robert M. "Bob" Dyer JOINT LAND USE POLICY COMMITTEE Vice Mayor Louis R. Jones LEGISLATIVE COORDINATION Rosemary Wilson MAYOR'S COMMITTEE ON AGING Barbara M. Henley Rosemary Wilson James L. Wood James L. Wood William R. "Bill" DeSteph James L. Wood Rita Sweet Bellitto Rosemary Wilson John Uhrin MILITARY ECONOMIC DEVELOPMENT AD VISOR Y COMMITTEE Louis R. Jones John E. Uhrin Rita Sweet Bellitto MILITARY LIAISON COMMITTEE William D. Sessoms, Jr. James K. Spore Louis R. Jones Mark D. Stiles August 10, 2010 -6 - CITY COUNCIL LIAISONS ITEM # 60172 (Continued) OCEANA LAND USE CONFORMITY COMMITTEE William D. Sessoms, Jr. Louis R. Jones OPEN SPACE ADVISORY COMMITTEE Barbara M. Henley SCHOOL SITE SELECTION COMMITTEE Louis R. Jones SISTER CITIES COMMISSION / EXCHANGES James L. Wood Rosemary Wilson Robert M. "Bob" Dyer Rita Sweet Bellitto TECHNOLOGY COMMITTEE Glenn R. Davis William R. "Bill" DeSteph WATER TASK FORCE COMMITTEE William D. Sessoms, Jr. James K. Spore WORKFORCE HOUSING COMMITTEE Rosemary Wilson Robert M. Dyer BOARDS and COMMISSIONS AGRICULTURAL ADVISORY Barbara M. Henley ARTS and HUMANITIES COMMISSION Glenn R. Davis Louis R. Jones Mark D. Stiles Harry E. Diezel, Alternate BEACHES and WATERWAYS William R. "Bill" DeSteph Rosemary Wilson CLEAN COMMUNITY COMMISSION Robert M. "Bob" Dyer William R. "Bill" DeSteph COMMUNITY ORGANIZATION GRANT — COG - IREVIEW and ALLOCATION/ William R. "Bill" DeSteph COMMUNITY SERVICES BOARD - CSB Harry E. Diezel DEFERRED COMPENSATION BOARD James L. Wood HISTORIC PRESERVATION COMMISSION Rosemary Wilson HUMAN RIGHTS COMMISSION Glenn R. Davis Sheriff Ken Stolle Glenn R. Davis Rita Sweet Bellitto August 10, 2010 -7 - CITY COUNCIL LIAISONS ITEM # 60172 (Continued) MINORITY BUSINESS COUNCIL Robert M. "Bob" Dyer Glenn R. Davis SOCIAL SERVICES BOARD Harry E. Diezel TOWING ADVISORY BOARD Harry E. Diezel John E. Uhrin VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Louis R. Jones William R. "Bill" DeSteph VIRGINIA BEACH DEVELOPMENT AUTHORITY Louis R. Jones Rosemary Wilson VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD Rosemary Wilson James L. Wood VOLUNTEER COUNCIL James L. Wood EXTERNAL AGENCIES HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE William D. Sessoms, Jr. Warren Harris HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION - TPO William D. Sessoms, Jr. HAMPTON ROADS MILITARY and FEDERAL FACILITIES ALLIANCE William D. Sessoms, Jr. HAMPTON ROADS PARTNERSHIP William D. Sessoms, Jr. HAMPTON ROADS PLANNING COUNCIL Glenn R. Davis Rosemary Wilson HAMPTON ROADS PLANNING DISTRICT COMMISSION - /HRPDC] William D. Sessoms, Jr. Robert M. "Bob" Dyer Louis R. Jones Harry E. Diezel James K. Spore Barbara M. Henley John E. Uhrin SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA John Barnes, Ex Officio TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS - /HRTJ John E. Uhrin James L. Wood VIRGINIA AQUARIUM and MARINE SCIENCE MUSEUM FOUNDATION William R. "Bill" DeSteph James L. Wood August 10, 2010 -8- CITY COUNCIL LIAISONS ITEM # 60172 (Continued) SPECIAL PROJECTS CONVENTION CENTER HOTEL Louis R. Jones DOME SITE Louis R. Jones ELIZABETH RIVER - EASTERN BRAN CH Harry E. Diezel LYNNHAVEN RIVER NOW Louis R. Jones PEMBROKE S G A Louis R. Jones John E. Uhrin John E. Uhrin Rita Sweet Bellitto William R. "Bill" DeSteph James L. Wood PRINCESS ANNE / WITCHD UCK/KEMPSVILLE ROADS INTERSECTION Harry E. Diezel Robert M. "Bob" Dyer RUDEE LOOP Louis R. Jones SANDLER CENTER William D. Sessoms, Jr., Mayor SOUTHEASTERN PARKWAY/ GREENBELT Louis R. Jones TOWN CENTER Louis R. Jones John E. Uhrin James L. Wood Barbara M. Henley James L. Wood August 10, 2010 -9- C ITY COUNCIL COMMENTS 4:58 P.M. ITEM # 60173 Council Lady Henley advised the Mayor's Commission on Aging will be sponsoring their Senior Showcase at 10:00 AM to 2:00 PM, on Wednesday, November 10, 2010. The event will be at the Princess Anne Recreation Center. ITEM # 60174 Councilman Davis advised that in July he was participant at a Conference in Virginia Beach for the first time. Thirty-five (35) franchise owners from throughout the United States, two (2) large vendors and their support personnel attended. Rooms were arranged at the Oceanfront for a good price. Many compliments were expressed by the participants, some of whom brought their families to enjoy the Oceanfront. Councilman Davis stressed the importance of hotel room inventory. He found it difficult to believe he could not obtain thirty-five (35) hotel rooms "in a block". Convention facilities need to be nearer the hotels. ITEM # 60175 Council Lady Wilson advised Councilman Dyer was celebrating his Sixtieth Birthday today, August 10 2010. ITEM # 60176 Council Lady Wilson referenced August 3, 2010, was "NATIONAL NIGHT OUT". There was great participation and a good time throughout the City. Neighborhoods in Virginia Beach, and communities nation-wide, celebrated the TWENTY-SEVENTH ANNUAL "America's Night Out Against Crime". ITEM # 60177 Councilman Wood referenced Page 3 of the Sheriff's News Letter containing a photograph and article re his son, Court Screener Jimmy Wood. On June 28, 2010, court screeners were presented with a potentially hazardous situation. Screener Jimmy Wood was operating the X -Ray Machine at A-1 in the Courthouse when he noticed something suspicious. Not only was the citizen attempting to bring a laptop into the courts, without authorization, but a gun was also seen with the use of X -Ray. Young Mr. Wood asked the man if he had a gun. The man denied knowledge of the gun. Roger Hatfield stepped in and asked the man again and knowledge of the gun was again denied. The individual was eventually able to pass through security without incident or the weapon. August 10, 2010 - 10 - A GEN DA REVIEW SESSION 4:59 P.M. ITEM # 60178 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: K. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code: a. §21-406 re notification to Emergency Communications and Citizen Services (3- 1-1) by tow truck operators when a vehicle is towed within the City b. §21-230 re designation of Grey Friars Chase, Bellamy Plantation, to the Traffic Calming Ordinance 2. Ordinance to DECLARE certain portions of City property EXCESS and AUTHORIZE the City Manager to execute the necessary documents: a. 1517, one-half of 1525 Indiana Avenue, 216 and 220 Middle Lane re Murray Homes, Inc. b. 1533 and one-half of 1525 Indiana re Cashvan Homes, Inc. c. 229 Roselynn Lane re Joellen Wright d. 1556 and 1562 New York Avenue re Darrell and Jessica Shay Edwards 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Termination Agreement to a Deed of Lease with Southeastern Public Service Authority (SPSA) for property at Landfill No. 2 (DISTRICT 1— CENTERVILLE) 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with VERONA MED, INC. for the "Pepper's"property at 22517`" Street (DISTRICT 6 — BEACH) 5. Ordinance to AUTHORIZE the supplanting of State funds with City funds re the cost of the Sheriffs Career Development Bonus and the salary increase for the Master Deputy programs in the amounts of $11,767 and $38, 034 respectively 6. Resolution to AUTHORIZE execution of a performance contract between the Community Services Board (CSB) and the Virginia Department of Behavioral Health and Developmental Services August 10, 2010 - 11 - A GEN DA REVIEW SESSION ITEM # 60178 (Continued) 7. Ordinances to AUTHORIZE temporary encroachments into a portion of the City - owned right-of-way at Lake Wesley, Bay Island and the Cove of the Lynnhaven River: a. W. CASON BARCO to construct and maintain a boat lift, floating pier, ramp and mooring pile at 565 Virginia Dare Drive (DISTRICT 6 — BEACH) b. WILLIAM EDWARD and ANJANETTE CARRICO SCHLEMMER to construct and maintain a wharf and boat lift at 2316 Windward Shore Drive (DISTRICT 5 — LYNNHAVEN) c. LLOYD W. and MARLENE N. BRANTLEY to construct and maintain a pier and platform at 2725 River Road (DISTRICT 5 — LYNNHAVEN) 8. Ordinance to IMPLEMENT the recommendation of the Resort Advisory Commission (RAC) to initiate a one-year Parking Meter pilot program to install "Donation Meters" to address panhandling at the Resort Area 9. Resolution of SUPPORT for the Police Department's application for recognition by the Attorney General re their successful "Community Recognition " program in responding to domestic violence 10. Ordinance to ACCEPT and APPROPRIATE: a. $110,757 Grant from the Virginia Department of Health to Emergency Medical Services (EMS) re replacement of defibrillators and related equipment and providing a match of $138,369 from the City's Reserve for Contingency fund. b. $18, 600 Grant from Smart Beginnings South Hampton Roads (SBSHR) re an Early Learning Challenge Grant to the Library, $16,800 of which will be used by the Small Business Development Center of Hampton Roads, Inc. to provide services to childcare centers from September through December 2010. (This makes the total grant for one year at $165, 750) c. Grant funds from the Virginia Department of Criminal Justice Services to appropriate the balance in the DEA Seized Asset Fund and TRANSFER the local match for the Department of Human Services: $98, 092 Federal pass-through funds $10,899 from the Police Department $10,899 from the Sher $10,900 within the Department of Human Services d. $228, 571 in additional Grant funding from the Virginia Department of Behavioral Health and Developmental Services for services at the Recovery Center and $2, 500 from the Gift Fund to Very Special Arts, Inc. (VSA) re cultural services for Human Services clients e. $43, 820 "Systems Change Initiative" Grant from the Virginia Department of Criminal Justice Services with a local match of $4,869 to the Court Services Unit to promote systematic change in the local Juvenile Justice system August 10, 2010 - 12 - AGENDA REVIEW SESSION ITEM # 60179 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: L. PLANNING 1. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for DAVID R., THEODORE E. SR. and KIMBERLY M. THIEMAN, re lot width at 1400 and 1428 Campbell's Landing Road (DISTRICT 7- PRINCESS ANNE) 2. Application of FRANCIS ASBURY UNITED METHODIST CHURCH for Modification of Conditions (approved on May 25, 1999) re the addition of a Preschool at 1871 North Great Neck Road (DISTRICT 5 - LYNNHAVEN) 3. Application of STEPHEN J. and PAULA H. LAUKAITIS, MAXIM V. MIROVSKI and MARGARET Y. BUMGARTEN for a Conditional Use Permit re a community pier to be shared by two adjacent property owners at 3300 and 3336 Whippoorwill Point (DISTRICT 5 - LYNNHAVEN) 4. Application of RORYKENNEDY/SMO, INC. for a Conditional Use Permit re auto repair garage at 493 South Independence Boulevard (DISTRICT 2 — KEMPSVILLE) 5. Application of HI -SEA, LLC for a Conditional Use Permit re a bank drive- through at Pacific Avenue between 32nd Street and Laskin Road at "Beach Center" (DISTRICT 6 — BEACH) Item L.2 (Application of FRANCIS ASBURY UNITED METHODIST CHURCH for Modification of Conditions (approved on May 25, 1999): The following conditions shall be added: 1. The final occupancy of the Preschool shall be established by the Building Official's Office and the Fire Marshall's Office. 2. A Certificate of Occupancy for the operation of the Preschool shall be obtained prior to operation of the preschool. Item L.3 re (Application of STEPHEN J. and PAULA H. LAUKAITIS, MAXIM V. MIROVSKI and MARGARET Y. BUMGARTEN for a Conditional Use Permit,) shall be DEFERRED INDEFINITELY, BY CONSENT. Item L.4 re (Application ofRORYKENNEDY/SMO, INC. for a Conditional Use Permit re auto repair garage) Condition No. 10 shall be AMENDED by utilizing the first sentence only: The existing free- standing sign may be utilized, but shall not be enlarged in height or width August 10, 2010 - 13 - ITEM # 60180 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(I) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY -HELD PROPERTY: Discussion or consideration of the, acquisition, or of the disposition of publicly -held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property: Princess Anne District Beach District Upon motion by Councilman DeSteph, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 5:03 P.M. Voting: 9-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Harry E. Diezel and James L. Wood [Closed Session: 5:03 P.M. — 5:50 P.M.] August 10, 2010 - 14 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 10, 2010 6:00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 10, 2010, at 6:00 P.M Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: Harry E. Diezel [Out of the City] INVOCATION.: Reverend Edward S. Martin, Pastor Francis Asbury United Methodist Church PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to thoroughly review each City Council agenda to idents any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. August 10, 2010 - 15 - 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 her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband 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 identing 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 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. August 10, 2010 Item V -E.1 CERTIFICATION - 16 - ITEM # 60181 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph , Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 10, 2010 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 #60180, Page 13, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 22-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. th Hodges City Clerk raser, MMC August 10, 2010 I I' Item V -F.1 - 17 - ITEM # 60182 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of July 13, 2010. Voting: 9-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: William R. "Bill" DeSteph Council Members Absent: Harry E. Diezel Councilman DeSteph ABSTAINED as he was attending Federal Arbitration Hearing in Richmond and not in attendance during the City Council Session of July 13, 2010. August 10, 2010 III - 18 - Item V -G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 60183 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION August 10, 2010 Item V -H.1. MAYOR'S PRESENTATION - 19 - ITEM # 60184 Mayor William D. Sessoms, Jr. PRESENTED: Certificate of Achievement for Excellence in Financial Reporting Government Finance Officers Association (GFOA) Award to Patricia Phillips Director - Department of Finance Mayor Sessoms acknowledged the dedicated and excellent service of Patricia A. Phillips, Director - Department of Finance. This is a Government Finance Officers Association (GFOA) Award and is a Certificate of Achievement for excellence in financial reporting presented to the City of Virginia Beach for its Comprehensive Annual Financial Report (CAFR). Government Finance Officers Association of the United States and Canada (GFOA) presents this award to government units and public employee retirement systems, whose Comprehensive Annual Financial Reports achieve the highest standard in government accounting and financial reporting. Mrs. Phillips ACCEPTED the award and advised this is the twenty-ninth consecutive year the Department has been recognized with this Certificate of Financial Reporting Achievement. Mrs. Phillips acknowledged this award also reflects the good judgment and professionalism of the City Council and City Departments. The Certificate of Achievement is the highest form of recognition in the area of Governmental accounting and financial reporting. Financial reporting is accomplished in the field of "full disclosure ". This award is for 2009 and the staff has already commenced work on 2010. Mrs. Phillips recognized Don Barnett, Comptroller, Miryam P. Woodson — Principal Accountant, and Wendy Hu — Accountant IV, James Cooper, Susan Reily. Aaron McCoy, Keena Garnes, Loretta Brown, Nancy Leavitt, Patti Porter, Donna Vaughan and Penny Williams, who took the lead in compiling the document. Mrs. Phillips also expressed appreciation and recognized the CAFR team as well as members of Management Services. August 10, 2010 - 20 - Item V -I.1. PUBLIC HEARING ITEM # 60185 Mayor Sessoms DECLARED A PUBLIC HEARING: SALE OF EXCESS PROPERTY 1517, `half of 1525, 1533 Indiana Avenue 216, 220 Middle Lane 229 Roselynn Lane 1556, 1562 New York Avenue There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING August 10, 2010 , II' -21 - Item V -K. ORDINANCES/RESOLUTIONS ITEM # 60186 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1 a. b., 2 a.b. c. d., 3, 4, 5, 6, 7 a.b.c., 8, 9 and 10 a. b. c. d.e. of the CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 10, 2010 - 22 - Item V-K.1.a/b ORDINANCES/RESOLUTIONS ITEM # 60187 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT:• Ordinances to AMEND the City Code: §21-406 re notification to Emergency Communications and Citizen Services (3-1-1) by tow truck operators when a vehicle is towed within the City §21-230 re designation of Grey Friars Chase, Bellamy Plantation, to the Traffic Calming Ordinance Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 10, 2010 I ORD -3148 1 AN ORDINANCE TO AMEND SECTION 21-406 OF THE CITY 2 CODE REGARDING NOTIFICATION TO THE CITY OF 3 TOWED VEHICLES 4 5 SECTION AMENDED: § 21-406 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section § 21-406 of the City Code is hereby amended and reordained, to read 11 as follows: 12 13 Sec. 21-406. Emergency Communications and Citizen 14 Services to be notified of removal of vehicle. 15 16 (a) At the time of removal of any vehicle by a tow truck service operator, or no 17 later than thirty (30) minutes thereafter, the tow truck service shall notify the City's Public 18 Emergency Communications and Citizen Services operations shall -lac 19 notified of such removal by calling 3-1-1 or 385-3111, and- specifying the location of the 20 storage yard to which the vehicle will be towed and the telephone number which the owner 21 should call to reclaim the vehicle. • - ' - - - - • Emergency 22 Communications and Citizen Services operations shall be given the license number and 23 state of issuance of the license and, if known, the vehicle identification number and the 24 make, model, and year of the vehicle towed or to be towed. 25 26 (b) If notified by Emergency Communications and 27 Citizen Services operations or any law enforcement officer that the vehicle is subject to 28 seizure by law enforcement authorities for evidentiary purposes, the tow truck operator or 29 towing service shall forthwith relinquish the vehicle to such authorities and shall not be 30 entitled to recover any costs or fees. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 10`h day of August, 2010. 1 AN ORDINANCE TO AMEND SECTION 21- 2 230 OF THE CITY CODE PERTAINING TO 3 TRAFFIC CALMING 4 5 SECTION AMENDED: § 21-230 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 21-230 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 21-230. Traffic calming via maximum speed limits in certain residential 15 districts; penalty. 16 17 Pursuant to § 46.2-878.2 of the Code of Virginia, any person who operates a 18 motor vehicle in excess of the maximum speed limit established for any portion of the 19 following highways located within the designated neighborhoods, on or after the 20 effective date, shall be guilty of a traffic infraction punishable by a prepayable fine of two 21 hundred dollars ($200.00), in addition to other penalties provided by law. No portion of 22 the fine shall be suspended unless the court orders twenty (20) hours of community 23 service. 24 (1) L & J Garden: Norwich Avenue; Tajo Avenue; Fairlawn Avenue; Dulcie 25 Avenue. 26 (2) Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, 27 Alton Road; Old Kempsville Road. 28 (3) Lake Shores: Jack Frost Road; Lake Shores Road. 29 (4) Little Neck: Harris Road. 30 (5) Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; 31 Meredith Road, School Road, Mosby Road, Frizzel Drive; Finn Road; 32 Charla Lee Lane; Smith Farm Road. 33 (6) Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr Way. 34 (7) Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill Road; Baylake 35 Road; Rampart Avenue; Bayville Road; Lookout Road; Sandy Bay Drive. 36 (8) Country Haven: Stewart Drive. 37 (9) Fairfield: Lord Dunmore Drive. 38 (10) Bellamy Manor: Homestead Drive. 39 (11) Church Point: Church Point Road; Church Point Place; Timber Ridge 40 Drive. 41 (12) Stratford Chase: Strafford Chase Drive; Minden Road; Violet Bank; Kittery 42 Drive. 43 (13) Bayville Park: Greenwell Road (From Shore Drive to First Court Road). 44 (14) Milburn Manor: Davis Street. 45 (15) Lake James: Lake James Drive. 46 (16) Larkspur: Edwin Drive from Princess Anne Road to Independence Blvd. 47 48 Effective as of April 6, 2004: 49 (1) Croatan: Croatan Road. 50 (2) Birdneck Point: Cardinal Road. 51 52 Effective as of April 5, 2005: 53 (1) Thoroughgood: Thoroughgood Drive. 54 (2) Hermitage Road. 55 56 Effective as of September 12, 2006: 57 (1) Kings Grant: Oxford Drive. 58 59 Effective as of January 27, 2009: 60 (1) Baycliff: Baycliff Drive between Mill Dam Road and Stephens Road. 61 (2) Lakeview Park: Cullen Road between Shell Road and Lakeside Road. 62 63 Effective as of August 10, 2010: 64 (1) Bellamy Plantation: Grey Friars Chase between Lynnhaven Parkway and 65 the 1900 block of Grey Friars Chase tis Adopted by the City Council of the City of Virginia Beach, Virginia, on this 1 n1 -h day of August- , 2010. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: CA11568 R-2 July 21, 2010 APPROVED AS TO LEGAL SUFFICIENCY: - 23 - Item V-K.2a/b/c/d ORDINANCES/RESOLUTIONS ITEM # 60188 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to DECLARE certain portions of City property EXCESS and AUTHORIZE the City Manager to execute the necessary documents: 1517, one-half of 1525 Indiana Avenue, 216 and 220 Middle Lane re Murray Homes, Inc. 1533 and one-half of 1525 Indiana re Cashvan Homes, Inc. 229 Roselynn Lane re Joellen Wright 1556 and 1562 New York Avenue re Darrell and Jessica Shay Edwards Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 10, 2010 I I; 1 2 AN ORDINANCE DECLARING THE 3 PROPERTIES LOCATED AT 1) 1517 INDIANA 4 AVENUE (GPIN 2417-04-2823) TOGETHER 5 WITH THE EASTERN ONE-HALF OF 1525 6 INDIANA AVENUE (GPIN 2417-04-1863); AND 2) 7 216 MIDDLE LANE (GPIN 2417-05-0291) 8 TOGETHER WITH 220 MIDDLE LANE (GPIN 9 2417-05-0296) TO BE IN EXCESS OF THE 10 CITY'S NEEDS AND AUTHORIZING THE CITY 11 MANAGER TO SELL THE PROPERTIES TO 12 MURRAY HOMES, INC. 13 14 15 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 16 certain parcels of land located at (1) 1517 Indiana Avenue together with the eastern 17 one-half of 1525 Indiana Avenue; and (2) 216 Middle Lane together with 220 Middle 18 Lane (collectively, the "Properties"), more particularly described on Exhibit "A" attached 19 hereto and made a part hereof; 20 21 WHEREAS, the City acquired the Properties pursuant to the APZ-1 22 Acquisition Program; 23 24 WHEREAS, the City funded the acquisition of the Properties through a 25 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 26 contributing fifty percent (50%) of the funds; 27 28 WHEREAS, the Properties are in the midst of other residences and at the 29 time of acquisition were improved with residential dwellings, which were demolished 30 due to their poor condition; 31 32 WHEREAS, City Council has elected to allow the reconstruction of two (2) 33 single-family homes on the Properties in order to maintain the integrity of the 34 neighborhood; and 35 36 WHEREAS, each such reconstruction is a grandfathered nonconforming 37 use allowed under current zoning law; 38 39 WHEREAS, the re -development of the Properties will be at a lesser 40 density than the original use of the Properties; 41 42 WHEREAS, a Request for Proposals ("RFP") was advertised for the 43 potential sale of the Properties; 44 45 WHEREAS, Murray Homes, Inc. was one of the respondents to the RFP; 46 47 WHEREAS, the APZ-1 Disposition Committee has recommended that City 48 Council declare the Properties to be in excess of the City's needs and sell the 49 Properties to Murray Homes, Inc.; 50 51 WHEREAS, Murray Homes, Inc. will build a total of two (2) single-family 52 homes on the Properties to prescribed standards acceptable to the City, including 53 elevated noise attenuation and design criteria, and Murray Homes, Inc. will thereafter 54 convey the improved Properties to an owner -occupant; 55 56 WHEREAS, Murray Homes, Inc. will purchase the Properties in 57 accordance with the Summary of Terms attached hereto as Exhibit "B" and made a part 58 hereof; 59 60 WHEREAS, the City Council is of the opinion that the Properties are in 61 excess of the needs of the City of Virginia Beach. 62 63 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 64 OF VIRGINIA BEACH, VIRGINIA: 65 66 That the Properties located at (1) 1517 Indiana Avenue; (2) the eastern 67 one-half 1525 Indiana Avenue; (3) 216 Middle Lane; and (4) 220 Middle Lane are 68 hereby declared to be in excess of the needs of the City of Virginia Beach and that the 69 City Manager is hereby authorized to execute any documents necessary to convey the 70 Properties to Murray Homes, Inc., in substantial conformity with the Summary of Terms 71 attached hereto as Exhibit "B" and such other terms, conditions or modifications as are 72 deemed necessary and sufficient by the City Manager and in a form deemed 73 satisfactory by the City Attorney. 74 75 Further, that the revenue from the sale of the Properties in the amount of 76 $122,000 shall be received and appropriated as follows: 77 1. $61,000 shall be appropriated to CIP #9-060, Oceana and Interfacility 78 Traffic Area Conformity and Acquisition, for the purpose of the City Manager refunding 79 the Commonwealth's portion in accordance with the partnership agreement; 80 2. $61,000 shall be appropriated to CIP #3-368, Various Site Acquisitions. 81 82 This ordinance shall be effective from the date of its adoption. 83 84 Adopted by the Council of the City of Virginia Beach, Virginia, on the 85 1 Othday of August , 2010. CA11551 R-1 \\vbgov.com\dfsl \applications\citylawprod\cycom32\wpdocs\d023\p008\00064587.doc 7/23/10 APPROVED AS TO CONTENT P- Vk- ublic Works •-At C c. APPROVED AS TO LEGAL FFICIENCY APPROVED AS TO CONTENT s / 1 y, rr? �Y e r. f r Management Services EXHIBIT A 1. 1517 Indiana Avenue & /2 of 1525 Indiana Avenue (GPIN 2417-04-2823 and 1/2 of 2417-04-1863) PARCEL ONE: GPIN 2417-04-2823 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, Tying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 4 and the western 30' of Lot 5, Block A, as shown on that certain 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, Page 147. LESS AND EXCEPT all right, title and interest of the Grantor 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 above-described property. IT BEING the same property conveyed to the City of Virginia Beach, by deed from Robert C. Reynolds and Jeannette I. Reynolds, husband and wife, dated March 23, 2009, and recorded in the aforesaid Clerk's Office as Instrument No. 20090323000301630. PARCEL TWO: 1/2 of GPIN 2417-04-1863 THE EASTERN ONE-HALF (approximately 30' x 125') OF THAT certain lot, piece or parcel of land, numbered 1525 Indiana Avenue, situate, lying and being in the City of Virginia Beach, Virginia, known, numbered and designated as Lot 3, in Section A, plat of "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. LESS AND EXCEPT all right, title and interest of the Grantor 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 above-described property. IT BEING a part of the same property conveyed to the City of Virginia Beach, by deed from Thomas N. Fortenberry and Beverly S. Fortenberry, husband and wife, dated September 22, 2008, and recorded in the aforesaid Clerk's Office as Instrument No. 20080922001116420. II I 2. 216 Middle Lane & 220 Middle Lane (GPIN 2417-05-0291 & 2417-05-0296) PARCEL ONE: GPIN 2417-05-0291 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, Virginia, and being known, numbered and designated as Lot 21, as shown on that certain plat entitled "Hillcrest", 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 13 at page 8. LESS AND EXCEPT all right, title and interest of the Grantor 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 above-described property. IT BEING the same property conveyed to the City of Virginia Beach, by deed from Pete Wojcikowski, dated August 17, 2009, and recorded in the aforesaid Clerk's Office as Instrument No. 20090825001001050. PARCEL TWO: GPIN 2417-05-0296 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, Virginia, being known, numbered and designated as Lot 20, as shown on that certain plat entitled "Hillcrest, situate in Princess Anne County, VA, as laid out by M. McKain", 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, Page 8. LESS AND EXCEPT all right, title and interest of the Grantor 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 above-described property. IT BEING the same property conveyed to the City of Virginia Beach, by deed from Jessica Lee Orozco, dated March 4, 2009, and recorded in the aforesaid Clerk's Office as Instrument No. 20090313000264950. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 1517 INDIANA AVENUE TOGETHER WITH THE EASTERN ONE-HALF OF 1525 INDIANA AVENUE; AND 216 MIDDLE LANE TOGETHER WITH 220 MIDDLE LANE SELLER: City of Virginia Beach PURCHASER: Murray Homes, Inc., a Virginia corporation PROPERTY: 1) Building Site 1: 15,000 square feet of property, more or less, generally known as 1517 Indiana Avenue & the eastern one-half of 1525 Indiana Avenue (GPIN 2417-04-2823 & 1/2 of 2417-04- 1863) and more particularly described on Exhibit A to the Ordinance; and 2) Building Site 2: 12,471 square feet of property, more or less, generally known as 216 & 220 Middle Lane (GPIN: 2417-05-0291 & 2417-05-0296) and more particularly described on Exhibit A to the Ordinance. SALE PRICE: $61,000 (1517 & 1/2 of 1525 Indiana Avenue) $61,000 (216 & 220 Middle Lane) $122,000 CONDITIONS OF SALE • Properties are purchased "As Is, Where Is." • Seller shall convey the properties subject to a deed restriction preventing Buyer, or ultimate owner -occupant, from participation in the APZ-1 Acquisition Program. • Seller shall convey the properties with a plat restriction limiting each 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 Property to vacate interior lot lines. • Purchaser 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. I Clear Zone • rn O • 10 (n Al O O N O N �CLZ N • o� Z ._ aR -c) (c) 0) (-4 C) 0) 0) 0) 12) 0) r-)1 0 =e5 (1) Q. 0 a: c) LLJ 0 0. 0 t5' a), 0_ iii .3 1 2 AN ORDINANCE DECLARING THE PARCEL 3 LOCATED AT 1533 INDIANA AVENUE (GPIN 4 2417-04-1803) TOGETHER WITH THE 5 WESTERN ONE-HALF OF 1525 INDIANA 6 AVENUE (GPIN 2417-04-1863) TO BE IN 7 EXCESS OF THE CITY'S NEEDS AND 8 AUTHORIZING THE CITY MANAGER TO SELL 9 SAME TO CASHVAN HOMES, LLC. 10 11 12 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 13 certain parcel of land located at 1533 Indiana Avenue, together with the western one - 14 half of 1525 Indiana Avenue (collectively, the "Property"), more particularly described on 15 Exhibit "A" attached hereto and made a part hereof; 16 17 WHEREAS, the City acquired the Property pursuant to the APZ-1 18 Acquisition Program; 19 20 WHEREAS, the City funded the acquisition of the Property through a 21 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 22 contributing fifty percent (50%) of the funds; 23 24 WHEREAS, the Property is in the midst of other residences and at the 25 time of acquisition was improved with residential dwellings, which have been 26 demolished due to their poor condition; 27 28 WHEREAS, City Council has elected to allow the reconstruction of one 29 single-family home on the Property in order to maintain the integrity of the 30 neighborhood; and 31 32 WHEREAS, such reconstruction is a grandfathered nonconforming use 33 allowed under current zoning law; 34 35 WHEREAS, the re -development of the Property will be at a lesser density 36 than the original use of the Property; 37 38 WHEREAS, a Request for Proposals ("RFP") was advertised for the 39 potential sale of the Property; 40 41 WHEREAS, Cashvan Homes, LLC was one of the respondents to the 42 RFP; 43 44 WHEREAS, the APZ-1 Disposition Committee has recommended that City 45 Council declare the Property to be in excess of the City's needs and sell the Property to 46 Cashvan Homes, LLC; 47 48 WHEREAS, Cashvan Homes, LLC will build one new single-family home 49 on the Property to prescribed standards acceptable to the City, including elevated noise I i I 50 attenuation and design criteria, and Cashvan Homes, LLC will thereafter convey the 51 improved Property to an owner -occupant; 52 53 WHEREAS, Cashvan Homes, LLC will purchase the Property in 54 accordance with the Summary of Terms attached hereto as Exhibit "B" and made a part 55 hereof; 56 57 WHEREAS, the City Council is of the opinion that the Property is in 58 excess of the needs of the City of Virginia Beach. 59 60 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 61 OF VIRGINIA BEACH, VIRGINIA: 62 63 That the Property located at (1) 1533 Indiana Avenue; and (2) the western 64 one-half of 1525 Indiana Avenue is hereby declared to be in excess of the needs of the 65 City of Virginia Beach and that the City Manager is hereby authorized to execute any 66 documents necessary to convey the Property to Cashvan Homes, LLC in substantial 67 conformity with the Summary of Terms attached hereto as Exhibit "B" and such other 68 terms, conditions or modifications as are deemed necessary and sufficient by the City 69 Manager and in a form deemed satisfactory by the City Attorney. 70 71 Further, that the revenue from the sale of the Property in the amount of 72 $70,000 shall be received and appropriated as follows: 73 1. $35,000 shall be appropriated to CIP #9-060, Oceana and Interfacility 74 Traffic Area Conformity and Acquisition, for the purpose of the City Manager refunding 75 the Commonwealth's portion in accordance with the partnership agreement; 76 2. $35,000 shall be appropriated to CIP #3-368, Various Site Acquisitions. 77 78 This ordinance shall be effective from the date of its adoption. 79 80 Adopted by the Council of the City of Virginia Beach, Virginia, on the 81 1 0ti1aY of Aug, st , 2010. CA 11549 R-1 \\vbgov.com\dfs l \applications\citylawprod\cycom 32\wpdocs\d023\p008\00064582.doc 7/23/10 II I APPROVED AS TO CONTENT ublic Works (--\\D2-7Z APPROVED AS TO LEG SUFFICIENCY Ci y A ey's Offi APPROYED AS TO CONTENT Menagem t Services II I EXHIBIT A 1533 and 1/2 of 1525 Indiana Avenue (GPIN 2417-04-1803 & 1/2 of 2417-04-1863) PARCEL ONE: GPIN 2417-04-1803 ALL THOSE certain lots, pieces or parcels of land with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach (formerly Princess Anne County), Virginia, and known, numbered and designated Lots One (1) and Two (2), Block A, Oceana Terrace, duly of record in the Clerk's Office of the Circuit Court of City of Virginia Beach (formerly Princess Anne County), Virginia in Map Book 7, at page 147. LESS AND EXCEPT all right, title and interest of the Grantor 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 above-described property. IT BEING the same property conveyed to the City of Virginia Beach, by deed from Frank C. Pardee a/k/a Frank C. Pardee, SR. and Anna M. Thoma, Executrix of the Estate of Marie Pardee, dated December 21, 2009, and recorded in the aforesaid Clerk's Office as Instrument No. 20091222001451480. PARCEL TWO: 1/2 of GPIN 2417-04-1863 THE WESTERN ONE-HALF (APPROXIMATELY 30' x 125') OF THAT certain lot, piece or parcel of land, numbered 1525 Indiana Avenue, situate, lying and being in the City of Virginia Beach, Virginia, known, numbered and designated as Lot 3, in Section A, plat of "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. LESS AND EXCEPT all right, title and interest of the Grantor 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 above-described property. IT BEING a part of the same property conveyed to the City of Virginia Beach, by deed from Thomas N. Fortenberry and Beverly S. Fortenberry, husband and wife, dated September 22, 2008, and recorded in the aforesaid Clerk's Office as Instrument No. 20080922001116420. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 1533 INDIANA AVENUE TOGETHER WITH THE WESTERN ONE-HALF OF 1525 INDIANA AVENUE SELLER: City of Virginia Beach PURCHASER: Cashvan Homes, LLC, a Virginia Limited Liability Company PROPERTY: 16,266 square feet of property, more or less, generally known as 1533 &'/2 of 1525 Indiana Avenue (GPIN 2417-04-1803 & part of 2417-04-1863) and more particularly described on Exhibit A to the Ordinance. SALE PRICE: $70,000 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 the Property 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 the 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 Property to vacate interior lot lines. • Purchaser shall deposit Five Thousand and no/100 Dollars ($5,000.00) at the execution of the Purchase Agreement. • Buyer is required to construct using materials for enhanced noise attenuation. X:\Projects\ARC Files\AGENDA MAPS\Indiana Ave17417-04-1803 1863 mxn Prepared by P.W./Eng./Eng. Support Services Bureau 07/12/2010 1 AN ORDINANCE DECLARING THE PROPERTY 2 LOCATED AT 229 ROSELYNN LANE (GPIN 3 2417-05-2316) TO BE IN EXCESS OF THE 4 CITY'S NEEDS AND AUTHORIZING THE CITY 5 MANAGER TO SELL THE PROPERTY TO 6 JOELLEN WRIGHT. 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 9 certain parcel of land located at 229 Roselynn Lane more particularly described on 10 Exhibit "A" attached hereto and made a part hereof (the "Property"); 11 12 WHEREAS, the City acquired the Property pursuant to the APZ-1 13 Acquisition Program; 14 15 WHEREAS, the City funded the acquisition of the Property through a 16 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 17 contributing fifty percent (50%) of the funds; 18 19 WHEREAS, at the time of acquisition, the Property was improved with a 20 single-family home which has subsequently been demolished; 21 22 WHEREAS, Joellen Wright ("Wright") owns the adjacent property and she 23 has requested to purchase the Property in order to utilize it in a manner compatible with 24 the APZ-1 Ordinance; 25 26 WHEREAS, Wright desires to purchase the Property in accordance with 27 the Summary of Terms attached hereto as Exhibit "B"; 28 29 WHEREAS, the City Council is of the opinion that the property is in excess 30 of the needs of the City of Virginia Beach. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 33 OF VIRGINIA BEACH, VIRGINIA: 34 35 That the Property is hereby declared to be in excess of the needs of the 36 City of Virginia Beach and that the City Manager is hereby authorized to execute any 37 documents necessary to convey the Property to Joellen Wright, in accordance with the 38 Summary of Terms attached hereto and such other terms, conditions or modifications 39 deemed necessary and sufficient by the City Manager and in a form deemed 40 satisfactory by the City Attorney. 41 42 Further, that the revenue from the sale of the Property in the amount of 43 $6,262 shall be received and appropriated as follows: 44 1. $3,131 shall be appropriated to CIP #9-060, Oceana and Interfacility 45 Traffic Area Conformity and Acquisition, for the purpose of the City Manager refunding 46 the Commonwealth's portion in accordance with the partnership agreement; 47 2. $3,131 shall be appropriated to CIP #3-368, Various Site Acquisitions. 48 49 This ordinance shall be effective from the date of its adoption. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 52 loth ;lay of August , 2010. CA11545 R-1 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d022\p008\00064353.doc 7/29/10 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY APPROVED AS TO CONTENT (vlanagServices g II I EXHIBIT "A" GPIN: 2417-05-2316 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 25, as shown on that certain plat entitled, "PLAT OF HILLCREST", 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 13, at page 8. LESS AND EXCEPT all right, title and interest of the Grantor 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 above-described property. IT BEING the same property conveyed to the City of Virginia Beach, by Deed of Mark V. DeLeon, dated July 25, 2008, and duly recorded in the aforesaid Clerk's Office as Instrument Number 2008725000878090. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 229 ROSELYNN LANE SELLER: City of Virginia Beach PURCHASER: Joellen Wright PROPERTY: 229 Roselynn Lane, GPIN: 2417-05-2316 LEGAL DESCRIPTION: See Exhibit A attached to Ordinance SALE PRICE: $6,262.00 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 her adjacent property upon Resubdivision to remove interior lot lines; however, Buyer may not build any new dwelling units or replace the dwelling demolished prior to sale. • Buyer shall resubdivide the Property at her expense should Buyer desire to construct across the property line between the Property and Buyer's adjacent property. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. 1 AN ORDINANCE DECLARING THE 2 PARCELS LOCATED AT 1556 NEW YORK 3 AVENUE (GPIN 2407-94-6606) AND 1562 4 NEW YORK AVENUE(GPIN 2407-94-5720) 5 TO BE IN EXCESS OF THE CITY'S 6 NEEDS AND AUTHORIZING THE CITY 7 MANAGER TO SELL SAME TO DARRELL 8 EDWARDS AND JESSICA SHAY 9 EDWARDS. 10 11 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 12 certain parcels of land located at 1556 New York Avenue and 1562 New York Avenue 13 (collectively, the "Property"), more particularly described on Exhibit "A" attached hereto 14 and made a part hereof; 15 16 WHEREAS, the City acquired the Property pursuant to the APZ-1 17 Acquisition Program; 18 19 WHEREAS, the City funded the acquisition of the Property through a 20 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 21 contributing fifty percent (50%) of the funds; 22 23 WHEREAS, at the time of acquisition, the Property was improved with two 24 single -family homes that are slated for demolition; 25 26 WHEREAS, Darrell Edwards and Jessica Shay Edwards (the "Edwards") 27 own the adjacent property and they have requested to purchase the Property in order to 28 utilize it in a manner compatible with the APZ-1 Ordinance; 29 30 WHEREAS, the Edwards desire to purchase the Property in accordance 31 with the Summary of Terms attached hereto as Exhibit "B"; 32 33 WHEREAS, the City Council is of the opinion that the property is in excess 34 of the needs of the City of Virginia Beach. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 37 OF VIRGINIA BEACH, VIRGINIA: 38 39 That the Property is hereby declared to be in excess of the needs of the 40 City of Virginia Beach and that the City Manager is hereby authorized to execute any 41 documents necessary to convey the Property to Darrell Edwards and Jessica Shay 42 Edwards in accordance with the Summary of Terms attached hereto and such other 43 terms, conditions or modifications deemed necessary and sufficient by the City Manager 44 and in a form deemed satisfactory by the City Attorney. 45 46 Further, that the revenue from the sale of the Property in the amount of 47 $19,023 shall be received and appropriated as follows: 48 1. $9,511.50 shall be appropriated to CIP #9-060, Oceana and Interfacility 49 Traffic Area Conformity and Acquisition, for the purpose of the City Manager refunding 50 the Commonwealth's portion in accordance with the partnership agreement; 51 2. $9,511.50 shall be appropriated to CIP #3-368, Various Site Acquisitions. 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 1 0th day of August , 2010. CA11544 R-1 \\vbgov.com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d022\p008\00064344.doc 7/29/10 APPROVED AS TO CONTENT Public Works ' 1 alt APPROVED AS TO LEGAL SUFFICIENCY APPROVED AS TO CONTENT Managerrrhnt services EXHIBIT "A" GPIN: 2407-94-6606 (1556 New York Avenue) ALL THAT certain lot, piece, or parcel of land, together with the privileges and appurtenances thereunto belonging, being or near "Oceana" in Lynnhaven Borough in the City of Virginia Beach, Virginia, and designated and described as the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the Village of Oceana, City of Virginia Beach (formerly Princess Anne County), Virginia, and designated and described on a survey of Block Number Six (6), Oceana Gardens, made by W.B. Gallup, County Surveyor, dated March 20, 1947, and duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia in Map Book 21, at page 3, as the Eastern one-half (1/2) of Lot Numbered Sixteen (16) and the Western one-half (1/2) of Lot Numbered Seventeen (17), the said two (2) One-half Tots taken together fronting fifty (50) feet on New York Avenue, and extending back between parallel lines, one hundred twenty-five (125) feet. LESS AND EXCEPT all right, title and interest of the Grantor 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 above-described property. IT BEING the same property conveyed to the City of Virginia by deed from James Ellis Brown dated November 13, 2009, and recorded in the aforesaid Clerk's Office as Instrument Number 20091120001346150. GPIN: 2407-94-5720 (1562 New York Avenue) ALL THAT certain lot, piece, or parcel of land, together with the privileges and appurtenances thereunto belonging, being or near "Oceana" in Lynnhaven Borough in the City of Virginia Beach, Virginia, and designated and described as the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia and designated as Lot 15 and the eastern one-half of Lot 14, and the western one - half of Lot 16 in Block 6 as shown on the plat entitled, "Survey of Block 6, Oceana Gardens, Princess Anne County, Virginia," which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 21, at page 3; said Tots taken as a whole front one hundred (100) feet on the northern side of New York Avenue and extend back between parallel lines a distance of one hundred twenty- five (125) feet. LESS AND EXCEPT all right, title and interest of the Grantor 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 above-described property. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Robin Diane Sanders, Executor of the Estate of Ramon T. Turner, Deceased, by deed dated April 28, 2008 and recorded in the aforesaid Clerk's Office as Instrument Number 20080428000488800. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 1556 AND 1562 NEW YORK AVENUE SELLER: City of Virginia Beach PURCHASERS: Darrell Edwards and Jessica Shay Edwards PROPERTY: 1556 New York Avenue, GPIN: 2407-94-6606 1562 New York Avenue, GPIN: 2407-94-5720 LEGAL DESCRIPTION: See Exhibit A to Ordinance SALE PRICE: $19,023.00 CONDITIONS OF SALE: • Property is purchased "As Is, Where Is." • Buyers have been advised of APZ-1 restrictions for use. • Buyers may use the Property for accessory structures, or Buyers may otherwise utilize the property for construction in conjunction with their adjacent property upon Resubdivision to remove interior lot lines; however, Buyers may not /replace any dwelling units. • Buyers shall resubdivide the Property at their expense should Buyers desire to construct across the property line between the Property and Buyers' adjacent property. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. I I 11 II in r 1 0 • 1) a) u -o Z a,o aa>o`>N Q to t4 - gY�0 Z o 0d ai < Z N Z VOtoZONZ a , o >OD > 0 Clear Zone - 24 - Item V -K.3. ORDINANCES/RESOLUTIONS ITEM # 60189 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the City Manager to EXECUTE a Termination Agreement to a Deed of Lease with Southeastern Public Service Authority (SPSA) for property at Landfill No. 2 (DISTRICT 1 — CENTERVILLE Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 10, 2010 1 2 AN ORDINANCE AUTHORIZING THE CITY 3 MANAGER TO EXECUTE A TERMINATION 4 AGREEMENT TO THE DEED OF LEASE 5 BETWEEN THE CITY AND SOUTHEASTERN 6 PUBLIC SERVICE AUTHORITY OF VIRGINIA 7 8 WHEREAS, the City of Virginia Beach (the "City"), as Landlord, and 9 Southeastern Public Service Authority of Virginia ("SPSA"), as Tenant, are parties to a 10 Deed of Lease dated August 17, 2007 (the "Lease") relating to a parcel of land located 11 at the Virginia Beach Landfill known as "Landfill No. 2" (the "Property"); 12 13 WHEREAS, the Lease currently expires on January 24, 2018; 14 15 WHEREAS, SPSA has requested the right to terminate the Lease effective 16 August 29, 2010; 17 18 WHEREAS, SPSA originally used the Property for its mulch operations, but no 19 longer does so; 20 21 WHEREAS, the City purchased from SPSA its mulch operation equipment; 22 23 WHEREAS, the City currently utilizes the Property for a City -run mulch operation 24 at a significant cost savings to the City; and 25 26 WHEREAS, the City Council is of the opinion that the Termination Agreement to 27 the Lease is in the best interests of the City of Virginia Beach. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager is hereby authorized to execute a Termination Agreement 33 to the Deed of Lease in accordance with the Summary of Terms attached hereto and 34 made a part hereof, and such other terms and conditions deemed necessary and 35 sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. 36 37 This ordinance shall be effective from the date of its adoption. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the,day 40 of August , 2010. APPROVED AS TO CONTENT oWeivti'l)-t-7 Public Works / Administrdtiar�) APPROVED AS TO LEGAL SUFFICIENCY City Attorney CA11637 \\vbgov.com\DFS 1\Applications\CityLawProd\cycom32\ Wpdocs\D027\P007\00064890.DOC R-1 7/27/2010 SUMMARY OF TERMS An Ordinance Authorizing the City Manager to Execute a Termination Agreement to the Deed of Lease Between the City and Southeastern Public Service Authority of Virginia LANDLORD: City of Virginia Beach ('the "City") TENANT: Southeastern Public Service Authority of Virginia ("SPSA") CURRENT EXPIRATION DATE: January 24, 2018 EARLY EXPIRATION DATE: August 29, 2010 PROPERTY TO BE REMOVED BY SPSA: Loader; skid steer; contents of office trailer, including computer and all other office equipment; anti -freeze tank; de -bagging equipment PROPERTY TO BE LEFT BY SPSA FOR THE CITY: Two (2) 20' hazmat storage containers; 40' storage unit; 8'X20' office trailer; 450 -gallon oil tank; 6'X6' storage cabinet; 30'X30' metal car port; 20 -yard roll -off container; assorted hand tools and testing equipment - 25 - Item V -K.4. ORDINANCES/RESOLUTIONS ITEM # 60190 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with VERONA MED, INC. for the "Pepper's" property at 225 17th Street (DISTRICT 6 — BEACH) Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 10, 2010 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR TEN 3 YEARS WITH VERONA MED INC. FOR 4 APPROXIMATELY 7,000 SQUARE FEET OF 5 CITY-OWNED PROPERTY LOCATED AT 225 6 17TH STREET TOGETHER WITH THE 7 BUILDING COMMONLY KNOWN AS 8 "PEPPERS" AND IMPROVEMENTS THEREON 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of approximately 11 7,000 sq. ft. of land, with all improvements thereon, located at 225 17TH Street (the 12 "Premises"); 13 14 WHEREAS, on September 24, 2009, the City issued its Request For Proposals 15 (the "RFP") seeking proposals for the reuse of the Premises; 16 17 WHEREAS, after a review of all responsive proposals submitted to the RFP, City 18 staff determined the proposal of Verona Med Inc. ("Verona") set forth the best reuse of 19 the Premises; 20 21 WHEREAS, Verona proposes to lease the Premises for a period of ten (10) 22 years with five (5) one-year renewals at the option of Verona; 23 24 WHEREAS, the Premises will be utilized as a restaurant, apartment units, and 25 retail space and for no other purpose; 26 27 WHEREAS, prior to occupancy of the Premises, Verona would required to make 28 certain repairs to the Building as set forth in the Summary of Terms, attached hereto; 29 30 WHEREAS, Verona's proposed lease of the Premises will further the goals of the 31 RFP and represents a beneficial reusesof the Premises; and 32 33 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 34 OF VIRGINIA BEACH, VIRGINIA: 35 36 That the City Manager is hereby authorized to execute a lease for the term for 37 ten (10) years with five (5) one-year renewals between Verona Med Inc. and the City, 38 for the Premises in accordance with the Summary of Terms, attached hereto as Exhibit 39 A, and made a part hereof, and such other terms, conditions or modifications deemed 40 necessary and sufficient by the City Manager and in a form deemed satisfactory by the 41 City Attorney. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia on the 10thday of 44 August , 2010. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM Zei1,e44.601s i,aitr shlis City Attorney CA11405 vbgov.com\DFS 1 \Applications\CityIawProd \cycom32\Wpdocs\D007\P007\00051132.DOC R-1 July 29, 2010 1 i 410 Facilities M fnagement ill EXHIBIT A SUMMARY OF TERMS Lease with Verona Med Inc. for 7,000 square feet of City -owned Property located at 225 17th Street, Virginia Beach, VA 23451 LESSOR: City of Virginia Beach LESSEE: Verona Med Inc., a Virginia corporation PREMISES: 7,000 square feet of space, including the two-story building located 225 17th Street, Virginia Beach, Virginia (GPIN 2427-16-6935) TERM: Ten (10) years: Lessee may renew for up to five (5) one-year periods. RENT: $36,600 per year, with an annual 3% escalation beginning August 16, 2013. Lessee to pay no rent from August 16, 2010 through December 31, 2010. Lessee to pay rent at one-half (1/2) the normal rate from January 1, 2011 through May 30, 2011. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Prior to occupancy, Lessee to repair, at the sole cost of the Lessee, all defects found by the structural investigation of the building. • Prior to occupancy, Lessee to bring the building into compliance with Building Code and Lessee to obtain a Statement of Special Inspections. • Lessee responsible for cost of all necessary repairs to building. • First floor of premises to be used for restaurant or retail only. • An area of the restaurant will be designated for display of art on consignment. • Sale of alcoholic beverages at the restaurant is prohibited. • Second floor to be subleased for apartments. • Lessee to remove existing siding and restore brick facade to building • Lessee to maintain liability and other insurance to satisfaction of City. • Lessee to comply with all Oceanfront Sign and Awning Guidelines. • Maintain structural portions of, and all mechanical systems serving, the Premises. RIGHTS AND RESPONSIBILITIES OF CITY: • Reserves right to enter upon the Premises without notice to Lessee in emergency situations, or upon reasonable prior notice to Lessee in non- emergency situations. V: \ applications citylawprod cycom32 \ Wpdocs\D03I \P003\00007880.DOC - 26 - Item V -K.5. ORDINANCES/RESOLUTIONS ITEM # 60191 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the supplanting of State funds with City funds re the cost of the Sheriffs Career Development Bonus and the salary increase for the Master Deputy programs in the amounts of $11, 767 and $38, 034 respectively Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 10, 2010 �L. 1 AN ORDINANCE TO APPROVE THE SUPPLANTING 2 OF STATE FUNDS WITH CITY FUNDS FOR THE 3 SHERIFF'S OFFICE TO FUND THE MASTER 4 DEPUTY AND SHERIFF CAREER DEVELOPMENT 5 PROGRAMS 6 7 WHEREAS, the Sheriff has requested the use of city funds from the Sheriff's 8 Office FY 2010-11 Operating Budget to supplant state funding reductions related to 9 participation in the Master Deputy Program and the Sheriff Career Development 10 Program; and 11 12 WHEREAS, the City Council has a City Council Policy in place to prevent, to the 13 extent possible, the shifting of financial responsibility for State, Federal, or privately 14 funded programs to the citizens of Virginia Beach by not supplanting those funds with 15 local funds. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 That the Sheriff's Office is authorized to use City funds, within the FY 2010-11 21 Sheriff's Office Operating budget, to supplant lost State reimbursement for the Sheriff 22 Career Development bonus of $11,767 and the salary increases attributable to 23 maintaining the Master Deputy Program at the State Compensation Board FY 2009-10 24 level of 72 Master Deputy positions. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 Oth day of August , 2010. Approved as to Content: Approved as to Legal Sufficiency: Management Services CA11582 R-3 July 29, 2010 rney's Office - 27 - Item V -K.6. ORDINANCES/RESOLUTIONS ITEM # 60192 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to AUTHORIZE execution of a performance contract between the Community Services Board (CSB) and the Virginia Department of Behavioral Health and Developmental Services Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 10, 2010 IF 1 A RESOLUTION APPROVING A CONTRACT BETWEEN 2 THE COMMUNITY SERVICES BOARD AND THE STATE 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 6 That the City Council hereby approves the FY 2010-11 performance contract 7 between the City of Virginia Beach Community Service Board and the Virginia Department 8 of Behavioral Health and Developmental Services, which provides State-controlled 9 performance contract funding to the Community Services Board. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 Oth day of August 2010. Approved as to Content: CA11581 R-2 July 29, 2010 Approved as to Legal Sufficiency: y ney's Office I I, DEPARTMENT OF HUMAN SERVICES ADMINISTRATIVE DMSION (757)4379100 FAX (757) 4904736 TDD (757) 437-6150 City of Virginia Beach 297 INDEPENDENCE BOULEVARD PEMBROKESIX, SLATE 208 VIRGINIA BEACH, VA 23482-2881 DATE: July 8, 2010 TO: Citizens of Virginia Beach FROM: Diana G. Ruchelman, Virginia Beach Community Services Board Chai SUBJECT: FY 2011 Community Services Performance Contract This summary of the proposed SFY 2011 (July 1, 2010 - June 30, 2011) Community Services Performance Contract that makes State/Federal funds available for locally provided public mental health, mental retardation, and substance abuse services is provided for your review and comment. The funding identified includes State General Funds, State Restricted Funds, Federal Funds, required City Match Funds, Medicaid and other Fee Revenues. Estimated numbers of consumers to be served are based solely on funds made available through Medicaid, state and federal sources; services supported by local funding beyond the required match are not part of the State Performance Contract and therefore are not reflected in the data. The attached table is a summary of the core services and covered MR Waiver services and funding levels projected to be paid for by funds provided and reported through the Performance Contract. I I, FY 2011 Community Services Performance Contract Proposal Summary Proposed Number of Program Service Unit Funding Consumers Mental Health Outpatient Services $1,563,614.00 1157 Case Management Services $3,188,136.00 1510 Residential Crisis Stabilization Services $1,962,212.00 490 Ambulatory Crisis Stab $23,747.00 11 Day Treatment/Partial Hospitalization $1,422,756.00 280 Rehabilitation/Habilitation $2,605,119.00 475 Individual Supported Employment $109,646.00 25 Supervised Residential Services (551) $1,453,350.00 82 Supportive Residential Services (581) $443,378.00 240 Discharge Assistance Project (DAP) N/A 9 MH Child and Adolescent Services Initiative N/A 101 Juvenile Detention Center N/A 179 Developmental Services Outpatient Services $120,888.00 21 Case Management Services $2,589,641.00 817 Rehabilitation $2,546,257.00 150 Supportive Residential Services $942,353.00 68 Supervised Residential Services $270,063.00 5 Intensive Residential $2,192,708.00 23 Group Supported Employment $500,463.00 56 Individual Supported Employment $347,780.00 75 Highly Intensive Residential $6,503,733.00 37 Substance Abuse Outpatient $451,128.00 475 Day Treatment/Partial Hospitalization $362,522.00 24 Highly Intensive Residential Services $582,066.00 235 Intensive Residential Services $266,574.00 85 Supportive Residential Services $359,530.00 43 Prevention Services $1,358,728.00 N/A Proposed Number of Program Service Unit Funding Consumers Services Available Outside of a Program Area Emergency Services $1,372,923.00 2500 Consumer Monitoring Services $32,407.00 275 Centralized Services $3,692,889.00 All Consumers - 28 - Item V -K. 7. a. ORDINANCES/RESOLUTIONS ITEM # 60193 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE temporary encroachments into a portion of the City -owned right-of-way at Lake Wesley, Bay Island and the Cove of the Lynnhaven River: W. CASONBARCO to construct and maintain a boat lift, floating pier, ramp and mooring pile at 565 Virginia Dare Drive (DISTRICT 6 — BEACH) The following conditions shall be required: 1. 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. 2. 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. 3. 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. 4. 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. 5. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 6. 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. 7. 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. August 10, 2010 - 29 - Item V -K. 7. a. ORDINANCES/RESOLUTIONS ITEM # 60193 (Continued) 8. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 9. It is further expressly understood and agreed that the Grantee shall make a SIX HUNDRED SIXTY DOLLARS ($660.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required fifteen) 15 -foot -wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City -owned property. 10. It is further expressly understood and agreed that the Grantee must obtain and keep in force all- risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500, 000.00, combined single limits of such insurance policy or policies. 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. 11. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 12. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; 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. August 10, 2010 -30- Item V -K. 7. a. ORDINANCES/RESOLUTIONS ITEM # 60193 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 10, 2010 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS LAKE 7 WESLEY LOCATED AT THE REAR OF 8 565 VIRGINIA DARE DRIVE FOR 9 PROPERTY OWNER W. CASON 10 BARCO 11 12 WHEREAS, W. Cason Barco desires to construct and maintain temporary 13 encroachments for a boat lift, a 8.5' X 65' floating pier, a 4' X 20' ramp, and mooring pile 14 upon a portion of the City's property known as Lake Wesley, located at the rear of 565 15 Virginia Dare Drive, in the City of Virginia Beach, Virginia; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 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 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, W. Cason Barco, his heirs, 25 assigns and successors in title are authorized to construct and maintain temporary 26 encroachments for a boat lift, a 8.5' X 65' floating pier, a 4' X 20' ramp, and mooring pile 27 in a portion of the City's property as shown on the map marked Exhibit "A" and entitled: 28 "ENCROACHMENT REQUEST — `EXHIBIT A' FOR W. CASON BARCO LOT 18, 29 RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO., VA. (M.B. 30 37, PG. 11) BEACH DISTRICT DATE: JUNE 8, 2009," a copy of which is on file in the 31 Department of Public Works and to which reference is made for a more particular 32 description; and 33 34 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 35 subject to those terms, conditions and criteria contained in the Agreement between the 36 City of Virginia Beach and W. Cason Barco (the "Agreement"), which is attached hereto 37 and incorporated by reference; and 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 40 is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as W. Cason Barco and the City Manager or his authorized designee executes the 44 Agreement. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the � nthday 47 Of August , 2010. CA -11401 R-1 PREPARED: 7/19/10 APPROVED AS TO CONTENTS ura c c*:144c.ev LIC WORKS, REAL EST APPROVED AS TO LEGAL SUFFICIENCY AND FORM DArgA-R HARMEYER, ASSISTANT CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 6th day of July, 2010, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and W. CASON BARCO, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 18" formerly SECOTAN ROAD, as shown on that certain plat entitled: "RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO, VA SCALE 1" = 100' JUNE, 1954, prepared by C A BAMFORTH, C L S PRINCESS ANNE CO VA," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 37, at page 11, and being further designated, known, and described as 565 Virginia Dare Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a boat lift, a 8.5' X 65' floating pier, a 4' X 20' ramp, and mooring pile collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Wesley, the "Encroachment Area"; and G P I N : 2426-29-7471-0000 2427-20-6108-0000 (Lake Wesley) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT REQUEST — `EXHIBIT A' FOR W. CASON BARCO LOT 18, RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO., VA. (M.B. 37, PG. 11) BEACH DISTRICT DATE: JUNE 8, 2009," 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. 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 2 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 a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the 3 estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the 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 4 may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, W. Cason Barco, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (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 , 2010, 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 , 2010, 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 W. Cason Barco, Owner STATE OF VIRGIN,A4 CITYICOUNTY-OF V i (St ft 0. 1)c` , to -wit: The foregoing instrument was acknowledged before me this Wit,, , 2010, by W. Cason Barco. Notary Registration Number: 90 7t, 94,0 My Commission Expires: APPROVED AS TO CONTENTS accirna- C • 641.50}‘ NATURE BARAR. HARMEYER, ASSISTANT CITY ATTORNEY day of (SEAL) APPROVED AS TO LEGAL SUFFICIENCY AND FORM Ph 7I ssla. DEPARTMENT 7 EAST EDGE OF CICHANNEL LAKE WESLEY w PROPOSED PROPOSED 'oNo N/F CITY OF VIRGINIA BEACH �° 2427-20-6108 (D.B. 2020, PG. 282) BOAT UF?�N13,� = FLOATING PIER 1 -65' 1 4'x20' RAMP PER M' B.N 7r 014r-- -�— _ -- 37 p P -N -1 -5 -:0 -i -.3°: R_ — 101.43' — G 1 j I'SC EQ AC �0� .. 1TIE—LW6._,.—) —.. . —.MLW ) ' PP • ,'uh .mS X A Alc AIL 11111. LOT 17 N/F MARGARET DICKERSON 2426-29-7352 (DB. 3955, PG. 731) IPF 0 rn IPF 15' BUFFER STRIP PLANTED WITH JUNIPER, 6' WIDE TURF ACCESS PATH TO PIER LOT 18 2426-29-7471 (D.B. 3742, PG. 8567) o) N IPF 3 „L£,tt.59 S IPF LOT 19 N/F MALCOLM NUNN 2426-29-8530 INS T. 200501190009 736 N 24'48'23" E 100' VIRGINIA DARE DRIVE (FORMERLY SECOTAN DRIVE) (50 R/W) © 2009 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED. ATERFRONT CONSULTING INC. 1112 JENSEN DRIVE, STE. 206 VIRGINIA BEACH, VA 23451 PH: (757) 425-8244 FAX (757) 216-6887 ENGINEERING SERVICES PROVIDED BY: SEA DESIGN SERVICES, INC. 467-7486 PLAN VIEW 0 40' 80' 1"=40' ENCROACHMENT REQUEST - 'EXHIBIT N FOR W. CASON BARCO LOT 18, RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO., VA (M.B. 37, PG. 11) BEACH DISTRICT DATE: JUNE 8, 2009 -31 - Item V -K. 7. b. ORDINANCES/RESOLUTIONS ITEM # 60194 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE temporary encroachments into a portion of the City -owned right-of-way at Lake Wesley, Bay Island and the Cove of the Lynnhaven River: WILLIAM EDWARD and ANJANETTE CARRICO SCHLEMMER to construct and maintain a wharf and boat lift at 2316 Windward Shore Drive (DISTRICT 5 — LYNNHAVEN) The following conditions shall be required: 1. 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. August 10, 2010 - 32 - Item V -K 7. b. ORDINANCES/RESOLUTIONS ITEM # 60194 (Continued) 7. 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. 8. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 9. It is understood and agreed the Grantee shall make a FIVE HUNDRED AND SEVENTY FIVE DOLLAR ($575.00) payment, payable to the City Treasurer, to the Department of Planning as compensation in lieu of the typically required fifteen (15) feet of riparian buffer area required as a standard condition of the City, which cannot be established on the Grantee's property. Said payment will be used to restore buffer areas on other City owned property. 10. It is further expressly understood and agreed that the Grantee must obtain and keep in force all- risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500, 000.00, combined single limits of such insurance policy or policies. 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. 11. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. 12. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; 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. August 10, 2010 - 33 - Item V -K 7. b. ORDINANCES/RESOLUTIONS ITEM # 60194 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 10, 2010 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY PROPERTY 6 KNOWN AS WEST CANAL LOCATED 7 AT THE REAR OF 2316 WINDWARD 8 SHORE DRIVE FOR PROPERTY 9 OWNERS WILLIAM EDWARD 10 SCHLEMMER AND ANJANETTE 11 CARRICO SCHLEMMER 12 13 WHEREAS, William Edward Schlemmer and Anjanette Carrico Schlemmer desire 14 to construct and maintain a wharf and boat lift upon the City's property known as West 15 Canal located at the rear of 2316 Windward Shore Drive, in the City of Virginia Beach, 16 Virginia; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 20 City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 25 and 15.2-2107, Code of Virginia, 1950, as amended, William Edward Schlemmer and 26 Anjanette Carrico Schlemmer, their heirs, assigns and successors in title are authorized 27 to construct and maintain temporary encroachments for a wharf and boatlift on a portion 28 of the City's property known as West Canal as shown on the map marked Exhibit "A" and 29 entitled: "EXHIBIT A ENCROACHMENT OF PROPOSED WHARF & BOATLIFT FOR 30 WILLIAM & ANJANETTE SCHLEMMER AT LOT 45 BAY ISLAND SECTION ONE 31 SCALE: 1" = 30' DATE: 07-14-2010, SHEET: 1 OF 2," a copy of which is on file in the 32 Department of Public Works. Said exhibit plat consists of two (2) sheets, copies of which 33 are attached hereto as Exhibit "A" and to which reference is made for a more particular 34 description; and 35 36 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 37 subject to those terms, conditions and criteria contained in the Agreement between the 38 City of Virginia Beach and William Edward Schlemmer and Anjanette Carrico Schlemmer 39 (the "Agreement"), which is attached hereto and incorporated by reference; and 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 42 hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 45 time as William Edward Schlemmer and Anjanette Carrico Schlemmer and the City 46 Manager or his authorized designee execute the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 Otiflay 49 of August , 2010. CA -11434 R-1 PREPARED: 7/28/10 APPROVED AS TO CONTENTS UBLIC ORKS, REAL EST APPROVED AS TO LEGAL SUFFICIENCY AND FORM ASSISTANT CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 28th day of July, 2010, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and WILLIAM EDWARD SCHLEMMER and ANJANETTE CARRICO SCHLEMMER, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 45, Section One, Bay Island" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT Scale: 1" = 100', FEBRUARY, 1958, prepared by FRANK D. TARRALL, JR. & ASSOCIATES SURVEYORS & ENGINEERS NORFOLK, VA — VIRGINIA BEACH, VA. — PRINCESS ANNE COURTHOUSE, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37, and being further designated, known, and described as 2316 Windward Shore Drive, Virginia Beach, Virginia, 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a wharf and boat lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; 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 West Canal the "Encroachment Area"; and G P I N : 1499-98-8776-0000 WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "EXHIBIT A ENCROACHMENT OF PROPOSED WHARF & BOATLIFT FOR WILLIAM & ANJANETTE SCHLEMMER AT LOT 45 BAY ISLAND SECTION ONE DATE: 07-14-2010, SHEET: 1 OF 2," Said exhibit plat consists of two (2) sheets, copies of which are attached hereto as Exhibit "A" and to which reference is made for a more particular description. Sheet 2 of 2 is hereby incorporated by reference and attached showing boatlift piling location. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be 2 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 a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is understood and agreed the Grantee shall make a FIVE HUNDRED AND SEVENTY FIVE DOLLAR ($575.00) payment, payable to the City Treasurer, to the Department of Planning as compensation in lieu of the typically required 15 feet of riparian buffer area required as a standard condition of the City, which cannot be established on the Grantee's property. Said payment will be used to restore buffer areas on other City owned property. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the 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 4 collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, William Edward Schlemmer and Anjanette Carrico Schlemmer, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2010, 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 , 2010, 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 STATE OF VIRGIN C-IPY/QG dffTY OF JaLy Il i &Glan d ,Schl .1,715 .411vrhLi/ - - BY Vi4bitV No)Y& William Edward Schlemmer, Owner by his Attorney -In -Fact, Anjanette Carrico Schlemmer y n Ctoat 41eininic ette Carrico Schlemmer, Owner The foregoing instrument was acknowledged before me this 2-(3 qday of , 2010, by William Edward Schlemmer, by his Attorney -In -Fact, (SEAL) Anjanette Carrico Schlemmer. Nota Pub lc Notary Registration Number: 1.41344 My Commission Expires: 5- 31-'AO'1' STATE OF VIRGINI CITY/C6IJN-TY OF The foregoing instrument was acknowledged before me this 26444 day of %AI L. , 2010, by Anjanette Carrico Schlemmer. Notary Registration Number: IA3'44-6 My Commission Expires: 5 - 7 (SEAL) APPROVED AS TO CONTENTS tu DEPARTMENT 8 APPROVED AS TO LEGAL SUFFICIENCY AND FORM NA '� ' ARMEYER, ASSISTANT CITY ATTORNEY WEST CANAL PROPOSED 4'x 115' WHARF EX. suLKHEAD 6` WIDE BUFFER PLANTING BEDS PROPOSED BOATLIFT ATOP FOUR (4) 8'x34' PILES 6' WIDE BUFFER I-- MLW AND MHW REACH EX. BULKHEAD w Ln APO 1 N/F ANDREW VANDERPOu. 2320 WINDWARD SHORE DRIVE CPIN: 1499-96-7770 LOT 44 w co ri APO 2 N/f DOROTHY SUTLER 2312 WINDWARD SHORE DRIVE MN: 1499-9R-9874 LOT46 WILLIAM & ANJANETTE SCHLEMMER LOT 45 GRIN #: 149988.8776 INSTRUMENT 120080924001124100 PLAT -MB 45 PGS 37 & 37A PLANTING BEDS L=100.77 R=1300.00 WINDWARD SHORE DRIVE (50' R/W) R-904.55 0 30 1• - 30 60' APPLICATION BY: WILLIAM & ANJMETTE SCHLEMMER 2316 WINDWARD SHORE DRIVE AROMA BEACH, VA 23451 GPIN #: 1499.98-8776 FLINT CONSTRUCTION COMPANY EXHIBIT A ENCROACHMENT OF PROPOSED WHARF & BOATLB`T FOR WILLIAM & ANJANETTE SCHLEMMER AT LOT 45 BAY ISLAND SECTION ONE SHEET: 1 OF 2 DATE: 07-14-2010 3712 ADAMS STREET PORTSMOUTH, VIRGINIA 23703 TEL 75T-468.2277 EXHIBIT A SEAWARD ENCROACHMENT OF BOATLIFT PILING 4.03 PROPOSED BOATUFT ROPERT, LINE SEAWARD EDGE OF SIDE sc PROPERTY UNE w a re0 a PROJECT LOCATION: WEST CANAL FOR: WILLIAM SCHLEMMER 0 20' 40' 2316 WINDWARD SHORE DRIVE ` VIRGIINIA BEACH, VA 23451 SEAWARD EDGE OF SIDE PROPERTY UNE GRAPHIC SCALE SHEET 2 OF 2 DATE: 07-14-2010 1"=20' SPECIAL POWER OF ATTORNEY (GIVING AND GRANTING) PREAMBLE: This is a MILITARY POWER OF ATTORNEY prepared pursuant to Title 10, United States Code, § 1044b, and executed by a person authorized to receive legal assistance from the military services. Federal law exempts this power of attorney from any requirement of form, substance, formality, or recording that is prescribed for powers of attorney by the laws of a state, the District of Columbia, or a territory, commonwealth, or possession of the United States. Federal law specifies that this power of attorney shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the jurisdiction where it is presented. KNOW ALL PERSONS: That 1, WILLIAM E. SCHLEMMER ("Grantor" or "Principal"), currently residing at MANAMA, BAHRAIN by this document do make and appoint ANJANETTE C. SCHLEMMER ("Grantee", "Agent" or "Attorney in Fact"), whose address is 2316 WINDWARD SHORE DRIVE, VIRGINIA BEACH, VA 23451as my true and lawful attorney-in-fact to act as follows, GRANTING unto my said Attorney full power to: TO SIGN ANY AND ALL DOCUMENTS ON MY BEHALF IN MY ABSENCE FOR THE ENCROACHMENT AGREEMENT INVOLVING THE DECK, BOAT LIFT, AND BULKHEAD REPAIRS. TERMINATION: This power shall remain in full force and effect until 28 September 2011, unless sooner revoked or terminated by me. Notwithstanding my insertion of a specific expiration date herein, if on the above specified expiration date I shall be, or have been, carried in a military status of "missing", "missing -in- action" or "prisoner of war", then this power of attorney shall automatically remain valid and in full effect until sixty (60) days after I have returned to the United States Military control following termination of such status. This power of attorney shall not be affected by the disability of the Grantor or Principal. IN WITNESS WHEREOF, I have hereunto set my hand and seal on this day, 28 July 2010. Grantor's Signature ACKNOWLEDGEMENT BY NOTARY PUBLIC WITH THE UNITED STATES ARMED FORCES, SS. Al. COMUSNAVCENT, BAHRAIN, the foregoing instrument was acknowledged before me by William E. Schlemmer on 28 July 2010. 1 do further certify that I am a person in United States Armed Forces authorized the general powers of a Notary public under Title 10 U.S.C. 1044a AN Chapter IX. N1 KIM M. CH's Y, USN Fleet Force JAG/Legalman Authority: 10 U.S.C. § 1044a NO SEAL REQUIRED My commission expires: 27 Feb 2012 • �i�_LZ�Jl����,1�'�'I U 0 a c 0 bO z - 34 - Item V -K. 7. c. ORDINANCES/RESOLUTIONS ITEM # 60195 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE temporary encroachments into a portion of the City -owned right-of-way at Lake Wesley, Bay Island and the Cove of the Lynnhaven River: LLOYD W. and MARLENE N. BRANTLEY to construct and maintain a pier and platform at 2725 River Road (DISTRICT 5 — LYNNHAVEN) The following conditions shall be required: 1. 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. 2. 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. 3. It is 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. 4. 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. 5. 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. 6. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit'). August 10, 2010 - 35 - Item V-K.7.c. ORDINANCES/RESOLUTIONS ITEM # 60195 (Continued) 7. It is further expressly understood and agreed that the Grantee shall make a SIX HUNDRED SIXTY DOLLARS ($660.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required fifteen (15) -foot -wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City -owned property. 8. It is further expressly understood and agreed that the Grantee must obtain and keep in force all- risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500, 000.00, combined single limits of such insurance policy or policies. 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. 9. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 10. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; 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. August 10, 2010 -36 - Item V -K 7. c. ORDINANCES/RESOLUTIONS ITEM # 60195 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 10, 2010 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS COVE OF 7 THE LYNNHAVEN RIVER LOCATED 8 AT THE REAR OF 2725 RIVER ROAD 9 FOR PROPERTY OWNERS LLOYD W. 10 BRANTLEY AND MARLENE N. 11 BRANTLEY 12 13 WHEREAS, Lloyd W. Brantley and Marlene N. Brantley desire to construct and 14 maintain a pier and platform upon a portion of City property known as Cove of the 15 Lynnhaven River, located at the rear of 2725 River Road, Virginia Beach, Virginia; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 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 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Lloyd W. Brantley and 25 Marlene N. Brantley, their heirs, assigns and successors in title are authorized to 26 construct and maintain temporary encroachments for a pier and platform on a portion of 27 the City's property as shown on the map marked Exhibit "A" and entitled: "EXHIBT A 28 ENCROACHMENT OF PROPOSED PIER & PLATFORM FOR LLOYD & MARLENE 29 BRANTLEY AT LOT 10 CANDLEWOOD COVE," a copy of which is on file in the 30 Department of Public Works. Said exhibit plat consists of two (2) sheets, copies of 31 which are attached hereto as Exhibit "A" and to which reference is made for a more 32 particular description; and 33 34 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 35 subject to those terms, conditions and criteria contained in the Agreement between the 36 City of Virginia Beach and Lloyd W. Brantley and Marlene N. Brantley (the 37 "Agreement"), which is attached hereto and incorporated by reference; and 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 40 is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as Lloyd W. Brantley and Marlene N. Brantley and the City Manager or his 44 authorized designee executes the Agreement. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the _Lath day 47 of August , 2010. CA -11427 R-1 PREPARED: 7/19/10 APPROVED AS TO CONTENTS inti- C'. o*Ascv. BLIC WORKS, REAL ESTATE DANA ' ARMEYER ASSISTANT CITY ATTORNEY APPROVED AS TO LEGAL SUFFICIENCY AND FORM PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this \-1 day of Jl)1/4\, 2010, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and LLOYD W. BRANTLEY and MARLENE N. BRANTLEY, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "10", as shown on that certain plat entitled: "SUBDIVISION OF CANDLEWOOD COVE LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA Scale 1" = 100' Jan. 3, 1973, prepared by HASSELL & FOLKES Surveyors & Engineers Portsmouth, Virginia Chesapeake, Virginia REVISED: March 21, 1973," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 96, at page 10, and being further designated, known, and described as 2725 River Road, Virginia Beach, Virginia 23454; WHEREAS, it is proposed by the Grantee to construct and maintain a pier and platform, collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Cove of the Lynnhaven River, the "Encroachment Area"; and GPIN: 1499-60-8184-0000 (CITY PROPERTY) 1499-61-2312-0000 (2725 River Road) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "EXHIBIT A ENCROACHMENT OF PROPOSED PIER & PLATFORM FOR LLOYD & MARLENE BRANTLEY AT LOT 10 CANDLEWOOD COVE," Said exhibit plat consists of two (2) sheets, copies of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Sheet 2 of 2 is hereby incorporated by reference and attached. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 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 a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall make a SIX HUNDRED SIXTY DOLLARS ($660.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15 -foot -wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City -owned property. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not Tess than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the 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 4 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, Lloyd W. Brantley and Marlene N. Brantley, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its names 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 , 2010, 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 , 2010, 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 By Lloyd W. Brantley, Owner • STATE OF VI► Ifl[� CITY/COUNTY OF '[Pr K Uk---k , to -wit: arlene N. Brantley, Owner The foregoing instrument was acknowledged before me this , 2010, by Lloyd W. Brantley. Notary Registration Number: My Commission Expires: day of (SEAL) NICOLE R. JOLLY Notary Public Commonwealth of Virginia Registration No. 7239575 My Commission Expires June 30, 2013 STATE OF t fl 1 ,n,np �' CITY/COUNTY OF 1' I , to -wit: The foregoing instrument was acknowledged before me this day of , 2010, by Marlene N. Brantley. Notary Registration Number: 7 NICOLE R. JOLLY Notary Public Commonwealth of Virginia Registration No. 7239575 My Commission Expires June 30, 2013 My Commission Expires: APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SCY NATURE ktAi Etibt DEPARTMENT 8 MEYER, ASSISTANT CITY ATTORNEY 'PCI NieF ROME) WINDERS 2721 RDER MAD GDlit 14-t-3434 LOT f. • • . • • * • I • I • ./ Alp- • • • I. mat • II, • • 0,- .0 . • • • • • ft •* . at • APO 2 . • 41, '•NIF CITY OF VB REC CENTER. .0167' 2S21 SHOREHAVEN DRIVE , * * **COVE OF LYWHAVEN RIVER (MB 06 PO 10) 40,1 tiok PM: 1490404104 "*. 64. stio' .104 • • • • • • • we °POSED 69 FIXED PIER TH r X 16' PLATFORM • • • * • IV ••-• * • .06+ 'Orr et • * • • • '***, • • • * SPO 3 JOHN•OKI t net ROAD -43271 LOT 11 36.4,r22 £ APPLICATI Y: LLOYD & MARLENE BRANTLEY 2725 RIVER ROAD VIRCTNIA BEACH, VA 23454 OPIN* 140041.2312 FLINT CONSTRUCTION COMPAJ 55' R/%40 EXHIBIT A ENCROACHMENT OF PROPOSED PER & PLATFORM FOR LLOYD & MARLENE BRANTLEY AT LOT 10 CANMEWOOD COVE NOTE: PER &PLATFORM ARE TO SE SAME HEIGHT. 0 100' 1" -50 3712 ADAMS STREET PORTSMOUTH, VIRGINIA 33703 TEL.. I I I II I 2"xS' STRINGERS AT 24" ON CENTER - .40# CCA 2"x3" HEADERS EACH SIDE .40# cc PROPOSED PIER CROSS SECTION SCALE: 1 /2" =1.0' ----VARIES — SEE PLAN 2"x5" WOOD DECKING .40# CCA * TOP OF PIER DECK DRIVE PIUNG TO \ / 50% PENETRATION, MHW +1.50' RAILING NOT SHOWN FOR CLARITY 0 BOLT AND NUT (TY?) GALV. TO ASTM A-153 / El\ / \ 1 \ / • - 5"0 WODD PILING f .5# CCA MAX 6' O.C. - GTH TO BE MIN, 1E' MUD LINE MLW +0.00' E.X.MARSH AT SHORELINE NOTE: PIER AND DECKING DESIGN BASED ON STANDARD DESIGN PRACTICES. ATYPICAL SITE CONDITIONS NOT VISIBLY APPARENT HAVE NOT BEEN TAKEN INTO ACCOUNT. RICHARD T. BARTLETT Lic. No. 18335 CONAL NOTES: 1. ALL MATERIAL TO BE CCA TREATED I.A.W. THE AWPA, 2. ALL HARDWARE 70 BE I.A.W. ASTMA-153 3. * ELEVATION OF PIER DECK MUST ALLOW FOR 4' VERTICAL CLEARANCE ABOVE MUDLINE AT SHORELINE MARSH 4. A RAILIN'G, 36" HIGH, SHALL BE INSTALLED ON BOTH SIDES OF THE PIER FROM THE WOOD DECK TO THE LEVEL SECTION. RAILING SHALL COMPLY WITH CITY BUILDING CODES ENM140:RINM SERVICES PRO!) PROFESSIONAL CONSTRUCTION CONSULTANTS, PHONE: (757) 773-13084 EMAIL: RICKOPCO-LI-C.COM 1/2" = 1' REV: 5/6/2010 APO'S: 1. R. WS 2. G. MUMEJIAN 3. B. RAND PROJECT LOCATION!: COVE OF THE LYNNHAVEN RIVER FOR: LLOYD BRANTLEY 2725 RIVER ROAD VIRGINIA BEACH, VA 23454 PROPOSED PIER PURPOSE: BOATING ACCESS DATUM: MLW 0.00 DATE 04/2.2/10 SHEET Z. OF Z. 0 er Rdl1499-61-2312 Prepared by P.VV./Eng./Eng. Support Services Bureau 04/06/2010 Brantley: GPIN 1499-61-2312; 2725 River Road View looking South East View Looking East - 37 - Item V -K.8. ORDINANCES/RESOLUTIONS ITEM # 60196 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to IMPLEMENT the recommendation of the Resort Advisory Commission to initiate a one-year Parking Meter pilot program to install "Donation Meters" to address panhandling at the Resort Area Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 10, 2010 1 AN ORDINANCE TO INITIATE A ONE-YEAR PARKING 2 METER PILOT PROGRAM TO ADDRESS PANHANDLING 3 AND HOMELESSNESS IN THE RESORT AREA AND TO 4 APPROPRIATE FUNDS RESULTING FROM DONATIONS TO 5 THE PROGRAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 1. A one-year Parking Meter Pilot Program to provide an alternative donation 10 opportunity for those who wish to contribute to the poor and homeless in the 11 Resort Area is hereby established for the purpose of using parking meters to 12 accept donations; and 13 14 2. Prior to continuing the Parking Meter Pilot Program, a complete evaluation 15 along with results will be presented to City Council after the one-year period; 16 and 17 18 3. $20,000 is hereby appropriated to the FY 2010-11 Department of Housing 19 and Neighborhood Preservation ("DHNP") Operating Budget, with estimated 20 revenue from donations increased accordingly; and 21 22 4. The DHNP shall contribute donated funds to activities and organizations that 23 provide services to the underprivileged and homeless in the Resort Area. Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of August 2010. Requires an affirmative vote by the majority of all of the members of City Council. Approved as to Content: CA11576 R-3 July 29, 2010 Approved as to Legal Sufficiency: - 38 - Item V -K.9. ORDINANCES/RESOLUTIONS ITEM # 60197 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution of SUPPORT for the Police Department's application for recognition by the Attorney General re their successful "Community Recognition " program in responding to domestic violence Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 10, 2010 1 A RESOLUTION IN SUPPORT OF THE VIRGINIA 2 BEACH POLICE DEPARTMENT'S APPLICATION 3 FOR RECOGNITION BY THE ATTORNEY 4 GENERAL'S COMMUNITY RECOGNITION 5 PROGRAM FOR PROMISING PRACTICES IN 6 DOMESTIC VIOLENCE 7 8 9 WHEREAS, domestic violence impacts thousands of Virginians each year and 10 threatens our citizens, our families, our children, our homes, and our communities; and 11 12 WHEREAS, the City Council is committed to the safety and security of our 13 citizens and communities who are impacted by domestic violence and to holding 14 perpetrators of domestic violence accountable for their actions; and 15 16 WHEREAS, the City Council continues to support promising programs and 17 initiatives to address the issue of domestic violence in our community and among our 18 citizens; and 19 20 WHEREAS, the City Council has the opportunity to apply for recognition for the 21 domestic violence practices and initiatives of our community from The Attorney 22 General's Community Recognition Program for Promising Practices in Domestic 23 Violence Response, a program supported by the Office of the Governor, the 24 Department of Criminal Justice Services, the Department of State Police, the Office of 25 the Chief Medical Examiner, the Office of the Executive Secretary of the Supreme 26 Court, the Virginia Poverty Law Center, and the Virginia Sexual and Domestic Violence 27 Action Alliance; and 28 29 WHEREAS, an application for recognition by the Attorney General's Community 30 Recognition Program requires a resolution of support from the local governing body. 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 The City Council wishes to apply for recognition by the Attorney General's 36 Community Recognition Program for Promising Practices in Domestic Violence 37 Response and that the City Council fully supports all reasonable efforts to meet the 38 application requirements established by the Office of the Attorney General for such 39 application; and 40 41 BE IT FURTHER RESOLVED, that our community application for recognition 42 requires the designation of a local coordinator representing an existing inter -agency 43 domestic violence team as the contact point for the recognition process, and the City 44 Council designates Lt. Terry A. McLaughlin of the Virginia Beach Police Department to 45 represent our community for participation in this program. 46 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 ot1day 49 of August , 2010. APPROVED AS TO CONTENT: olice Departm CA 11569 R-2 July 26, 2010 APPROVED AS TO LEGAL SUFFICIENCY: - 39 - Item V -K. 10. a/b/c/d/e ORDINANCES/RESOLUTIONS ITEM # 60198 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinances to ACCEPT and APPROPRIATE: $110,757 Grant from the Virginia Department of Health to Emergency Medical Services (EMS) re replacement of defibrillators and related equipment and providing a match of $138, 369 from the City's Reserve for Contingency fund. $18, 600 Grant from Smart Beginnings South Hampton Roads (SBSHR) re an Early Learning Challenge Grant to the Library, $16,800 of which will be used by the Small Business Development Center of Hampton Roads, Inc. to provide services to childcare centers from September through December 2010. (This makes the total grant for one year at $165, 750) Grant funds from the Virginia Department of Criminal Justice Services to appropriate the balance in the DEA Seized Asset Fund and TRANSFER the local match for the Department of Human Services: $98, 092 Federal pass-through funds $10,899 from the Police Department $10,899 from the Sheri $10,900 within the Department of Human Services $228, 571 in additional Grant funding from the Virginia Department of Behavioral Health and Developmental Services for services at the Recovery Center and $2, 500 from the Gift Fund to Very Special Arts, Inc. (VSA) re cultural services for Human Services clients $43,820 "Systems Change Initiative" Grant from the Virginia Department of Criminal Justice Services with a local match of $4, 869 to the Court Services Unit to promote systematic change in the local Juvenile Justice system August 10, 2010 - 40 - Item V -K 10. a/b/c/d/e ORDINANCES/RESOLUTIONS ITEM # 60198 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 10, 2010 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FROM THE VIRGINIA DEPARTMENT 3 OF HEALTH TO THE FY 2010-11 OPERATING 4 BUDGET OF THE EMERGENCY MEDICAL 5 SERVICES DEPARTMENT 6 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA THAT: 10 11 1) $110,757 is hereby accepted from the Virginia Department of Health, 12 Office of Emergency Medical Services and appropriated, with estimated state revenues 13 increased accordingly, to the FY 2010-11 Operating Budget of the Emergency Medical 14 Services Department for costs of replacement defibrillators and related equipment; and 15 16 2) $138,369 is hereby transferred from the General Fund Reserve for 17 Contingencies to the FY 2010-11 Operating Budget of the Emergency Medical Services 18 Department to provide the local grant match. 19 Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of August , 2010. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content Approved as to Legal Sufficiency CA11570 R-2 July 29, 2010 rney's Office II I 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FROM SMART BEGINNINGS SOUTH HAMPTON 3 ROADS TO THE FY 2010-11 OPERATING BUDGET OF 4 THE DEPARTMENT OF LIBRARIES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $18,600 is hereby accepted from Smart Beginnings South Hampton Roads 10 and appropriated, with estimated revenue increased accordingly, to the Library 11 Department's FY 2010-11 Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 nth day August , 2010. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Manage n$nt Services CA11572 R-3 July 29, 2010 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FROM THE VIRGINIA DEPARTMENT OF CRIMINAL 3 JUSTICE SERVICES, TO APPROPRIATE FUND BALANCE 4 IN THE DEA SEIZED ASSET FUND, AND TO TRANSFER 5 FUNDS FOR THE REQUIRED LOCAL MATCH 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. $98,092 in federal pass-through funding from the Virginia Department of 11 Criminal Justice Services is hereby accepted and appropriated, with federal 12 revenues increased accordingly, to the FY 2010-11 Operating Budget of the 13 Department of Human Services; and 14 15 2. $10,899 of fund balance is hereby appropriated, with revenue from fund balance 16 increased accordingly, in the DEA Seized Assets Fund and transferred from the 17 FY 2010-11 Operating Budget of the Police Department to the FY 2010-11 18 Operating Budget to the Department of Human Services; and 19 20 3. $10,899 is hereby transferred from the FY 2010-11 Operating Budget of the 21 Sheriff's Office to the FY 2010-11 Operating Budget of the Department of 22 Human Services; and 23 24 4. $10,900 is hereby transferred within the FY 2010-11 Operating Budget of the 25 Department of Human Services. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 n1 -h day of August 2010. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: CA11579 R-3 July 29, 2010 Approved as to Legal Sufficiency: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF BEHAVIORAL 3 HEALTH AND DEVELOPMENTAL SERVICES AND TO 4 APPROPRIATE FUND BALANCE OF THE HUMAN 5 SERVICES GIFT FUND TO SUPPORT MENTAL HEALTH 6 SERVICES 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1. $228,571 is hereby accepted from the Virginia Department of Behavioral Health 12 and Developmental Services and appropriated, with state revenue increased 13 accordingly, to the FY 2010-11 Operating Budget of the Department of Human 14 Services; and 15 16 2. $2,500 of fund balance from the Department of Human Services Gift Fund is 17 hereby appropriated, with revenue from fund balance increased accordingly, to 18 the FY 2010-11 Operating Budget of the Department of Human Services. Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of August 2010. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Managent Services CA11580 R-2 July 29, 2010 Approved as to Legal Sufficiency: Cityrney's Office 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FROM THE DEPARTMENT OF 3 CRIMINAL JUSTICE SERVICES TO FY 2010-11 4 OPERATING BUDGET OF JUVENILE PROBATION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 1. $43,820 in federal funding is hereby accepted from the Department of 9 Criminal Justice Services through the Juvenile Accountability Block Grant 10 and appropriated, with estimated federal revenues increased accordingly, to 11 the FY 2010-11 Operating Budget of Juvenile Probation for the purpose of 12 funding a part-time FTE to oversee detention initiatives, community and 13 school based transition plan, and internal policy and procedural changes; 14 and 15 16 2. This position shall dissolve once grant funds have been exhausted; and 17 18 3. $4,869 is hereby transferred within the FY 2010-11 Operating Budget of 19 Juvenile Probation for the required match. Adopted by the Council of the City of Virginia Beach, Virginia on the of August 2010. 10th day Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Manageent;Services CA11583 R-2 July 29, 2010 Approved as to Legal Sufficiency: rney's Office -41 - Item V -L. PLANNING ITEM # 60199 1. DAVID R. THEODORE E. SR. and VARIANCE KIMBERLY M. THIEMAN 2. FRANCIS ASHBURY UNITED METHODIST MODIFICATION OF CONDITIONS CHURCH (APPROVED ON 5/25/1999) 3. STEPHEN J. and PAULA H. LA UKAITIS, MAXIM V. MIROVSKI and MARGARET Y. BUMGARTEN CONDITIONAL USE PERMIT 4. RORYKENNEDY/SMO, INC. CONDITIONAL USE PERMIT 5. III -SEA, LLC CONDITIONAL USE PERMIT August 10, 2010 - 42 - Item V -L. PLANNING ITEM # 60200 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1, 2, 3 (DEFERRED INDEFINITELY), 4 and 5 of the PLANNING BY CONSENT AGENDA. Item L.2 (Application of FRANCIS ASBURY UNITED METHODIST CHURCH for Modification of Conditions (approved on May 25, 1999) : The following conditions shall be added: 1. The final occupancy of the Preschool shall be established by the Building Official 's Office and the Fire Marshall's Office. 2. A Certificate of Occupancy for the operation of the Preschool shall be obtained prior to operation of the Preschool. Item L.3 re (Application of STEPHEN J. and PAULA H. LAUKAITIS, MAXIM V. MIROVSKI and MARGARET Y. BUMGARTEN) shall be DEFERRED INDEFINITELY, BY CONSENT. Item L. 4 re (Application of RORY KENNEDY/SMO, INC. for a Conditional Use Permit re auto repair garage) Condition No. 10 shall be AMENDED by utilizing the first sentence only: The existing free-standing sign may be utilized, but shall not be enlarged in height or width Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 10, 2010 - 43 - Item V -L.1. PLANNING ITEM # 60201 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) upon application of DAVID R., THEODORE E. SR. and KIMBERLY M. THIEMAN, re lot width at 1400 and 1428 Campbell's Landing Road (DISTRICT 7- PRINCESS ANNE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) upon application of DAVID R., THEODORE E. SR. and KIMBERLY M. THIEMAN, re lot width at 1400 and 1428 Campbell's Landing Road: GPIN #2319708902; 2319707087 (DISTRICT 7- PRINCESS ANNE) The following condition shall be required: 1. The existing parcels shall be resubdivided substantially in accordance with the submitted "Preliminary Subdivision Plat for the Resubdivision of Parcel A and Parcel A"; dated January 26, 2010, and prepared by Gallup Surveyors and Engineers, Ltd. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department This Ordinance shall be effective in accordance with Section 107 0 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Tenth of August, Two Thousand Ten Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 10, 2010 -44 - Item V -L.2. PLANNING ITEM # 60202 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, re application of FRANCIS ASBURY UNITED METHODIST CHURCH for Modification of Conditions (approved on May 25, 1999) re the addition of a Preschool at 1871 North Great Neck Road (DISTRICT 5 - LYNNHAVEN) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Application of FRANCIS ASBURY UNITED METHODIST CHURCH for Modification of Conditions (approved on May 25, 1999) re the addition of a Preschool at 1871 North Great Neck Road: GPIN #14995449780000 (DISTRICT 5 - LYNNHAVEN) RO81037431 All conditions attached to the Conditional Use Permit granted by the City Council on May 25, 1999, shall remain in effect: 1. The proposed church addition and parking shall adhere substantially to the site plan entitled, "Preliminary Layout of Building Addition for Francis Asbury Methodist Church, by Site Improvement Associates, Inc., dated 3-28-99." 2. The proposed renovations and additions shall adhere substantially to the submitted architectural rendering entitled, "Proposed Additional and Renovations for Francis Asbury Methodist Church, " by HBA, date 2-12-99, and match the existing structure in design, color and materials. 3. The church will connect to the City sewer system by constructing a gravity sewer line to the site from the existing, off-site manhole approximately 200 feet away. 4. Stormwater runofffrom the existing impervious surfaces on the site shall be treated, at a minimum, for a ten (10) percent reduction of pollutant loadings. The stormwater runofffrom the proposed development shall be treated for both quality and quantity as required by City ordinances. 5. No land disturbances shall occur within the seaward fifty (50) feet of the buffer. Limits of land disturbance shall be clearly marked on the site plan. The limits of land disturbance for the stormwater management facility (BMP) shall be physically marked on the site with the silt fence and/or orange fencing. 6. Fourteen (14) new trees shall be planted on this site as mitigation for the trees impacted by construction activity. The following conditions shall be added: 1. The final occupancy of the Preschool shall be established by the Building Official's Office and the Fire Marshall's Office. 2. A Certificate of Occupancy for the operation of the Preschool shall be obtained prior to operation of the Preschool. August 10, 2010 Item V -L.2. PLANNING - 45 - ITEM # 60202 (Continued) This Ordinance shall be effective in accordance with Section 107 () of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Tenth of August, Two Thousand Ten Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 10, 2010 Item V -L.3. PLANNING - 46 - ITEM # 60203 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinance upon application of STEPHEN J. and PAULA H. LAUKAITIS, MAXIM V. MIROVSKI and MARGARET Y. BUMGARTEN for a Conditional Use Permit re a community pier to be shared by two adjacent property owners at 3300 and 3336 Whippoorwill Point: GPIN #14888737460000; 14888709210000 (DISTRICT 5 - LYNNHAVEN) Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 10, 2010 Item V -L.4 PLANNING - 47 - ITEM # 60204 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, an Ordinance upon application of RORY KENNEDY/SMO, INC. for a Conditional Use Permit re auto repair garage at 493 South Independence Boulevard. (DISTRICT 2 — KEMPSVILLE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of RORY KENNEDY/SMO, INC. for a Conditional Use Permit re auto repair garage at 493 South Independence Boulevard: GPIN:14766809930000 (DISTRICT 2 — KEMPSVILLE) RO81037431 Condition No. 10 shall be AMENDED. The following conditions shall be required: 1. When the site is re -developed, it shall be re -developed in substantial conformance with the submitted site plan, with the exception of any modifications required by the conditions below. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the building shall not be altered, except for necessary maintenance, and the existing satellite dish shall be removed. When maintenance is performed, the original design and colors of THE building shall be preserved and/or restored. 3. The proposed landscaping on the site shall be in substantial conformance with the submitted plan. In addition, the street frontage plantings shall be in conformance with the Site Plan Ordinance, Section 5A. 4. The existing and proposed parking lot areas shall be re -surfaced and striped. 5. All automotive repairs shall take place inside the building. 6. There shall be no outside storage of equipment, parts, material, or tires. 7. No more than four vehicles shall be stored outside after operating hours. All vehicles located on the site after operating hours must be stored inside the building or within one of the southernmost parking spaces as identified on the site plan as "overnight parking area ". In addition, no outside storage or parking of vehicles in a state of obvious disrepair shall be stored outside. 8. There shall be no auto body work. 9. All newly installed outdoor lighting shall be shielded to direct light and glare onto the premises and shall be deflected, shaded, and focused away from adjoining property. Any newly installed outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. August 10, 2010 - 48 - Item V -L.4 PLANNING ITEM # 60204 (Continued) 10. The existing free-standing sign may be utilized but shall not be enlarged in height or width. There shall be no other signs or neon or L.E.D. signs or acccnts installed on any wall arca supports, or any othcr portion of the sitc. Thcrc shall be no signs in cxccss of four (1) square 11. There shall be no pennants, streamers, balloons, portable signs, banners or similar attention -seeking devices displayed on the site or the vehicles. 12. Only one access point shall be allowed on each street abutting the site per the Public Works Specifications and Standards. The two existing access points closest to the Independence Boulevard/Edwin Drive intersection shall be removed shall be curbed as specified in the Public Works Specifications and Standards and landscaped as specified in the above Condition 3. This Ordinance shall be effective in accordance with Section 107 f of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Tenth of August, Two Thousand Ten Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 10, 2010 - 49 - Item V -L. 5. PLANNING ITEM # 60205 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of fHI-SEA, LLC for a Conditional Use Permit re a bank drive- through at Pacific Avenue between 32" Street and Laskin Road at "Beach Center" (Laskin Road Gateway) (DISTRICT 6 — BEACH) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Application of HI -SEA, LLC for a Conditional Use Permit re a bank drive-through at Pacific Avenue between 32nd Street and Laskin Road at "Beach Center" :GPIN: 2428022137;2428021279;2428021279;2418929234;2428021184;24280 22137;2428022137;2418929234;2428020257;2418928141 (DISTRICT 6 — BEACH) RO81037432 The following conditions shall be required: 1. The drive-through facility shall be located substantially as shown on the submitted plan, entitled "Beach Centre, Site / Ground Floor Plan," dated April 5, 2010, by Cox, Kliewer & Company, P.C., Architecture. 2. The maximum width of the exit driveway as it intersects the Pacific Avenue sidewalk shall not exceed fifteen (15) feet. The applicant shall install signage and pavement markings prohibiting drivers from making a left turn onto Pacific Avenue. 3. The applicant shall install signage and pavement markings prohibiting drivers on Pacific Avenue from attempting to turn into the driveway exit. 4. The area of the pedestrian crossing's intersection with the exit driveway shall be provided a surface treatment matching the appearance of the Pacific Avenue sidewalk as closely as possible. 5. The applicant shall submit a photometric lighting plan for the drive-through area to the Development Services Center with the submission of the site plan for this development project. This Ordinance shall be effective in accordance with Section 107 f of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Tenth of August, Two Thousand Ten August 10, 2010 If Item V -L.5. PLANNING Voting: 10-0 (By Consent) Council Members Voting Aye: - 50 - ITEM # 60205 (Continued) Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 10, 2010 - 51 - Item L.1 APPOINTMENTS ITEM # 60206 BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS: MINORITY BUSINESS COUNCIL August 10, 2010 - 52 - Item L.2. APPOINTMENTS ITEM # 60207 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Edith E. Weiss 3 Year Term 09/01/10 — 09/31/13 AND REAPPOINTED: Pricilla Beede Kim Thumel 3 Year Term 09/01/10 — 09/31/13 REVIEW AND ALLOCATION COMMITTEE (COG) Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 10, 2010 - 53 - Item L.3. APPOINTMENTS ITEM # 60208 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Connie A. Meyer Unexpired thru 06/30/14 TIDEWATER COMMUNITY COLLEGE BOARD Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 10, 2010 - 54 - Item L.4. APPOINTMENTS ITEM # 60209 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Ulysses T. Brown — Alternate Nancy L. Lowe — Alternate 5 Year Term 10/10/10/ - 9/30/15 WETLANDS BOARD Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 10, 2010 - 55 - Item L.S. APPOINTMENTS ITEM # 60210 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Henry A. Boyd Mary Kay Horoszewski 4 Year Term 10/1/10 - 9/30/14 WORKFORCE HOUSING ADVISORY BOARD Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 10, 2010 - 56 - Item L.6. APPOINTMENTS ITEM # 60211 Upon NOMINATION by Vice Mayor Jones, City Council ADDED and APPOINTED: Edna Hendrix 3 Year Term 8/1/10 —12/31/13 HISTORIC PRESERVATION COMMISSION Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel August 10, 2010 - 57 - Items P. ADJOURNMENT ITEM # 60212 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:15 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach, Virginia William D. Sessoms, Jr. Mayor The Public Dialogue re Non -Agenda items adjourned at 6:28 P.M August 10, 2010 - 57 - Items P. ADJOURNMENT ITEM # 60212 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:15 P.M. Zet,464.) Beverly O. Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk Mayor William D. Sessoms, Jr. City of Virginia Beach, Virginia The Public Dialogue re Non -Agenda items adjourned at 6:28 P.M August 10, 2010 - 58 - PUBLIC DIALOGUE AGRICULTURAL VEHICLES Warner Athey, 2161 Vista Circle, Phone: 715-8228, owner of agricultural land with commercial fishing boats. Diesel Fuel is located in the vicinity of commercial fishing boats. Mr. Athey referenced Code Section 46.2-665: "Vehicles used for agricultural or horticultural purposes: No person shall be required to obtain the registration certificate, license plate and decal or pay a registration fee for any motor vehicle, trailer or semitrailer used exclusively for agricultural or horticultural purposes on lands owned or leased by the vehicle's owner." Mr. Athey has a truck for carrying diesel fuel to the ranch. An inspection sticker is not required; however, vehicles are inspected by the owner. His mechanic inspected and decided new brakes and cylinders were needed. The cylinders had to be ordered, which involved extra time. In the meantime, a City inspector placed a sticker on the truck stating it was inoperable. Mr. Athey placed a note on the vehicle stating the replacement of brakes was needed; however, the vehicle was operable. The parts were received and the vehicle was test driven. The very next day the vehicle was seized. He was informed by the City a license plate must be placed on the Tractor. The Mayor advised the City Attorney will review and respond to the City Council. HARASSMENT Leslie Stukey, 2905 Sugar Maple Drive, Phone: 301-6885, was accompanied by three (3) young men who claimed to be harassed, profiled or intimidated by the Virginia Beach Police. Mrs. Stukey referenced correspondence from Senator Webb and stated "It is against the law for any Police Officer to threaten, injure, intimidate or interfere with any person under any basis of race, religion or other profiling". OLD KEMPSVILLE HIGH SCHOOL Bernice Pope, Member — Historic Preservation Commission, 214 44th Street, Phone: 425-0025, spoke re the property located on Kempsville and Princess Anne Road (old Kempsville High School). This was deeded to the City and the City has it slated for demolition. Mrs. Pope requested the City Council consider preserving the original building until some reuse of the building can be determined. RESOURCE MANAGEMENT PLAN (TIME ALLOCATED FOR SPEAKERS) Robert Dean, 1204 Shawn Drive, represented the Virginia Beach Taxpayer Alliance, and wished a "wrong be righted". On Thursday, April 22, 2010 (Public Hearing — FY 2010-2011 Management Resource Plan — Tallwood High School), ten (10) members of the VBTA (Virginia Beach Taxpayer Appliance) spoke before City Council. Mr. Dean has a copy of the meeting recorded by Virginia Beach Television (VBTV). At the May 11, 2010, adoption of the FY 2010-2011 Management Resource Plan, the representatives were advised the time to present comments had been reduced from three (3) minutes to two (2) minutes. As there were only seventeen (17) speakers present, this was a slight, as even major corporations make time for stockholders to present their opinions. The members of the VBTA are stockholders. Mr. Dean distributed an e-mail message from Mike Barrett of the Runnymede Corporation and member of Vision, which is hereby made a part of the record. August 10, 2010