The URL can be used to link to this page

Home My WebLink AboutAUGUST 24, 2010 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILL/AM D. SESSOMS, JR., Ae-Large VlCE MAYOR I,0C;7S R. JONES, Baysrde - Drstrrct 4 RITA SWEET BELLITTO, At-Large G/ ENN R. DAVIS, Rose Hall - Drs[rrcl 3 WILLIAM R. DeST1:PH, A(-Large HARRY F.. DIEZEL, Kempsville - Distrrct 2 KOBF.RT M. DYER, Centerville - Disrrict 1 BARBARA M. HL•'NI,F.Y, Princess Anne - Di.rtrvcr 7 JOHN E. UHR/N, Beach - Di.rtricl 6 ROSEMARY WILSON, At-Large J.4M6'S L. WOOD, I.ynnhaven -District S CITY COUNCIL APPOINTEES C/TY MANAGER - JAA/ES K. SPORF. C'lTYA7TORNEY MARKD. ST1LF.'S C(TYASSESSOR JERALD BANAGAN CITYAUDI7'OR I.YNDONS. RF,M/AS C(TY C/,F.RK - RC'TH HODGES FRASER, MMC CITY COUNCIL AGENDA 24 AUGUST 2010 I. CITY MANAGER'S BRIEFING -Conference Room- A. PRINCESS ANNE COMMONS ATHLETIC VILLAGE Cindy Curtis, Director - Parks and Recreation II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, V/RG/NIA 23456-8005 PHONE.~(757J 385-4303 FAX (757) 385-5669 E-MA/L: Ctycncl@vbgov.com 4:00 PM 4:30 PM C. RECESS TO CLOSED SESSION ~ V. FORMAL SESSION - City Council Chamber - 6:00 PM ~~ A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend 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 August 10, 2010 G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATION 1. KING NEPTUNE X~~XVII and HIS COURT Nancy A. Creech, President and CEO, Neptune Festival I. PUBLIC HEARINGS 1. FRANCHISE 15t~ Street Pier 2. EXCESS PROPERTY Ingress/Egress Easement - Princess Anne Road and Winterberry Lane 3. UTILITY EASEMENT Virginia Electric and Power Company - Norfolk Avenue J. CONSENT AGENDA K. ORDINANCES/RESOLUTION Ordinance to GRANT a Franchise to ENTERTAINMENT, INC. for the use of City property at the Oceanfront and 15`h Street re the operation of the Virginia Beach Fishing Pier. 2. Ordinance to DECLARE portions of City-owned property EXCESS at the intersection of Princess Anne Road and Winterberry Lane and AUTHORIZE the City Manager to grant an ingress/egress easement over such property to Mountain Ventures Virginia Beach, LLC. 3. Ordinance to AUTHORIZE an easement to Virginia Electric and Power Company (VEPCO) over City-owned property along Norfolk and Cypress Avenues re installing and maintaining two (2) pad-mounted stepdown transformers and underground cables. 4. Resolution to AUTHORIZE an allocation of up to $1-Million through the Virginia Department of Transportation (VDOT) Revenue Sharing program re Princess Anne and Kempsville Roads intersection improvements; and, AUTHORIZE the City Manager to EXECUTE all necessary agreements for project development and construction. 5. Ordinances to ACCEPT and APPROPRIATE: a. funds from the General Fund for two five (5)-year interest free loans: (1) $100,000 to the Sandbridge Rescue and Fire, Inc. re the purchase of a replacement ambulance (2) $62,000 to the Kempsville Rescue Squad, Inc. re the purchase of a replacement ambulance b. $98,571 from the U.S. Department of Homeland Security to the FY 2010-11 Fire Department Operating Budget re the purchase of tactical rescue equipment and related training associated with the Tidewater Regional Technical Rescue Team $75,874 from Opportunity Inc. to the FY 2010-11 Department of Human Resources Operating Budget to fund the 2010 Summer Youth Work Experience Program L. PLANNING Application of THOMAS and JACQUELINE RICHARDS for a Conditional Use Permit re a residential kennel at 1112 Hartwood Avenue. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 2. Application of EDWARD and JEAN SNYDER for a Conditional Use Permit re an addition to an existing boat dock with boat lift to create a non-commercial (community) pier/dock at 1057 and 1061 Bobolink Drive. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 3. Application of ADOLFO MARTINEZ for a Conditional Use Permit re a skateboard ramp at 2008 Gadsby Court. DISTRICT 1 - CENTERVILLE RECOMMENDATION APPLICANT REQUESTS WITHDRAWAL M. APPOINTMENTS HEALTH SERVICES ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT *~*****~** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 x~x~~**~~~* -------------=zzz.:z:::::--~~~~-----~. ~~----------- -----------~~ ~•• • i • ~ •~ • +~ • ~ ~ ~ +~~~~~~~~~~~~~~~~~~~~~~~~~~+~ ~ ~ :~ CITY COUNCIL ~ ~ ; ~ RETREAT ; ~ ~ ~ .~ ~ .~ . ~ ~ ~ ~ 8:30 AM - 5:00 PM ; ~ • ~. - . ~ ~ ~. ~ .~ FRIDAY and SATURDAY ~ , ~ ~ ;~ January 21-22, 2011 ~ ~ ~ w ~~ ~ ~. ~ ~ ~ ~ ;~ CONFERENCE ROOM ~ ~ ; :; Suite 1000 ; ; ~ ;~ 222 Central Park Avenue ~ ~ : ,; TOWN CENTER : : . . ~. . ~. . . . . . . ~. . , ............................ ,.. . . ,. , . . . ,. ~. . ,. ,. ' . . .....:.....,.. .. :..........:....:....: . ..................................... :' CITY COUNCIL / SCHOOL BOARD : : "FIVE YEAR FORECAST" _ Building No. 19 TUESDAY, NOVEMBER 16, 2010 Agenda 08/24/lOgw www.vbgov.com -1- MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 24, 2010 Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFING re PRINCESS ANNE COMMONS ATHLETIC VILLAGE in the City Council Conference Room, Tuesday, August 24, 2010, at 4: 00 P.M. Mayor Sessoms welcomed Paige Tate, Sophomore Student - Princess Anne High School, who was accompanying Mayor Sessoms. Page is volunteering in the Ciry Manager's o~ce. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel. 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: None August 24, 201 D I -2- CITY MANAGER `S BRIEFING PRINCESS ANNE COMMONS ATHLETIC VILLAGE 4: 00 P.M. ITEM # 60214 Cir~dy Curtis, Director - Parks and Recreation, advised Princess Anne Commons and the Athletic Village extends from the Tidewater Community College campus all the way to the Municipal complex. The actual Athletic Village was depicted on the map illustrated and highlighted in yellow. . V ~~ ~ ~ -~~{ .~~st ~ S 3°~ '''= } ~ '~ . ~ 1 r-, p~ , , ~, , , ^ _,,,,~~,. , . ~w ~ ,. ~ ~ ° ~ ~ , , ~~ . ` ~ ti " t ~ a .. •; `~. ~ ,~ tii , . '.. ~;~' ~S'~ , • •~~ ~ , ~ / ~ C a- b f ~ , .. . .,'_. . ~~~~ ~^ . ~. ~ .~ ~~ #'~5~. ,~ . «'f. . ~ ~ ~ ~ ~ ~ . ~, r t~~ ~ ~ m~ a. ., ~ ~,~^, aaeiW~Me . ~ ;; .~ , ~ , ~ ~ e ~ y .,k,g~e r I ,~;~g g~~ ~"`~ ! `'C ~~~,; ~~ ~ - ~ ~ ~M .,~j ~ ~ , ~`- ~ u~~= ~~` ` , ~ ' k w ~ ~,-~ ..~„~~ t,-~ , ~ ~, j ~~ ~ . ~ a : ~a;:.. ~ ~Nlf r ~~ "YYS ~ ~ , "t ~ ./ (o- '' ~ T° .... ~, ., Y~M . ; ~ ~~~ • ., . ~ .i "`~,. '• ~`~n.. ~ ~~ ~ ~ ' ~' ~, / , ~ ~ ~ '~... j~,,.~ ~ •'"~~ ~ ~ < O o ~V t ~, . ~E ~A ~~, ~ , .. ` ,~~ ,~a ''`c, ' y~ " ~ i ~ ~ ! ~ i wu .w iara ww ,,~ :. w ~ "• , ,,~ ~ e s 1L / "~~ +i' ~~~ ' ~ ~w . ^,~ ~~,. ~ ~~ ~`i . ~ ~~ , ~ ~+ ~ ~ ~ . ~ ~ ~ , . r~' , } ` , ~' 1 ~ t ~~"`~.'S = "'"' ~ (' ~ :3 "~`,~ ` "~ .i .., ~~ . . ~~* / y 7 ,, . ` `ti ~. AERIAL VIEW OF VIRGINIA BEACH SPORTSPLEX AND UNITED STATES FIELD HOCKEYNATIONAL TRAINING CENTER Cindy Curtis advised the Sportsplex was built in 1998 for professiona[ soccer and the National Training Center was built in 2001 for the National Field Hockey team and tournaments August 24, 2010 -3- CITY MANAGER `S BRIEFING PRINCESS ANNE COMMONS ATHLETIC VILLAGE ITEM # 60214 (Continued) While the concept for these high level sporting facilities was good, they never met their financial or operational aspirations. • Professional soccer terminated their agreement as the primary tenant at Spartsplex in March/April 2007 • USFNA terminated their Olympic training exclusivity agreement in October 2007 • Without a primary tenant, the average annual operating loss of the two facilities was $417,600. • Natural grass turf at Sportsplex constrained uses of facility • So, how did we turn these low performing facilities around • Feasibility study • RFP for private sector construction and management oversight to the Sportsplex and USFH facilities • The response to the RFP was extraordinary SPORTSPLEX Year Opened: 1998 Original Cost: $11.1 M FY 05-06 06-07 07-08 Revenues $100,933 $84,621 $62,194 Expenses $481,548 $402,277 $330,004 Net ($380,615) ($317,656) ($267,810) Everrts 47 33 29 FIELD HOCKEY TRAINING CENTER Year Opened: 2004 Original Cost: $3.6M FY 05-06 06-07 07-08 Revenues $27,245 $22, 486 $28, 342 Expenses ** $131,888 $154,037 $146,470 Net 1~104.6431 (~'131.551) f~118.'128) Eve nts 25 29 26 August 24, 2010 -4- CITY MANAGER `S BRIEFING PRINCESS ANNE COMMONS ATHLETIC VILLAGE ITEM # 60214 (Continued) REVISED CONCEPT - PHASE I- A and PHASE 1- B .~. ? ~ ~ PRINCESS ANNE ATHLETiC ~ ~ - ~ 3;'~ DEVELOPMENT.LLC GENERALIZED PLAN OF DEVELOPMENT ~, , ~~}( J(] ~~~~~Q~ ~' ~~~~ Y 1 , ~ .. . : `t:NF( INAV N" !t FS I ? .... , ,. .... .... W . . ~, : CR GW ., , . . ~~~~~~ `~ ~~~ .~ . .. W U GI I Y GF VIkCaIN1A 6EACM ~~~ `~ 4 t"u+w"r~ `~ i ,... ~ ~ ' ~ .. ~r~_r rFau f a .. ,o ~. ,,,,,,,, . f - cuu~wq. :. "1 . , ... i~ ' 26.SaACRES . , ~~,: ~~., v . ~ / ~ ~~ ".y~ ~^~, '} » . '~ ~~~}t~ ~ ~ . _. Q~ j ~ ~ ~ ~ ~ ~ } " ~ •r , ~ va. , ~' 1 ~ ~ :. ~ i - _ . ..- s ~ ~ . . a ~-~ ~ ~ . . ,~ ~ M .a ~ ~ ---.. ,.t ~. ~,„ ~~ ' '~ ~ _.,: ~~~ ~ _ : ~ ~, ~ _ ; ~: ~ ~~ <~ . ~~_. ~ ~'~~. ` ~~ C~',9G3`% ' , ~ ~ ~ ~ ~ ~tl~~- N ` . ,.. , ~~ ~ ' ~W. ~ ~ -~ t .t"~iELD _ . '~ " -~.. H[]LlECE ~ . " ~.dY ^• ~ - _ ~M~~.k 6.fFDl~iN ~~ ~ ~~ P _ ow ~• ~~ ~ ~ ~..; ~, ~ , . , v ' ' . . ~.. ~~ '~~ ~ . .-f/ t, w . ~ .~. _ _ i . .v ~. _ . ~ . ~ t~. ~., .,. ... . . L~~ai~~t~ . _._ ._.._..._ ~ vvAY ... ~-.~-. ~ , ~ -. _ , ........ ~ ~.-.. 1 ~~. i~f ~ ~ _.~ i~n~ ,~rv .ix~ vx, .. . .._ ~.~. Virginia Beach Field House Under Construction M,' ~ i ~~ ~ ~ ~ ~ q i- t~ q 6 ~ 'f o ~ ~, : "~ w~i E S i ` ~ 'I „t.~~, x i '~ , ~K ~ • ~' : }7 P { .. ~ '~~,: ~ ~ ~ ~~ . ~- ~~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~. ,; ~ ~. i ,~s , ~i~ ~ , August 24, 2010 -5- CITY MANACER `S BRIEFING PRINCESS ANNE COMMONS ATHLETIC VILLAGE ITEM # 60214 (Continued) - Construction approximately 90% comp[ete as ofAugust 19, 2010 - Category II Storm shelter building upgrades will: • Enhance sheltering opportunities for the citizens of Virginia Beach during an emergency; • Enhance mass care capabilities during a catastrophic event The Field House resides on 13.9 acres and is being developed by the Wack Brothers of Fredericksburg, Virginia (known as Virginia Beach Field House, LLC). August 24, 2010 -6- August 24, 2010 CITY MANAGER `S BRIEFING PRINCESS ANNE COMMONS ATHLETIC VILLAGE ITEM # 60214 (Continued) -~- CITY MANAGER `S BRIEFING PRINCESS ANNE COMMONS ATHLETIC VILLAGE ITEM # 60214 (Continued) PROPOSED IMPROVEMENTS Phase I-A Private Sector Investment Construction of 175,000 square foot indoor sports field house Facili $12,850,000 Infrastructure enhancements: Entrance realignment Utility extension Stormwater pond upgrade Parking lot paving $ 1,725,000 Total Phase I-A Phase I-B Three-Year o tion to Construct six 6 Fields: Arti acial Tur Li hted Total Phase I-B $ 8,500,000 Grand Total Phase I The investment by the developer is estimated at $14.575-Million in Phase L A with a three year option to invesl another $8.5-Million in new athletic fields in Phase I-B for a total investment of just over $23- Million. Revenue share from Field House operations is estimated at approximately $1.9-Million over 20,years. Revenue share from artificial turf fields estimated at approximately $600,000 over 20 years. New taxes estimated to be $6.3-Milion over twenty (20) years. Revised Concept - Phase II A and B , r: ~ ~ , ~ , ~ ~ ,~.,,~ PRINCESS ANNE ATHLETIC ;T ~~' DEVELOPMENT.LLC ' , GENERALIZED PLAN OF DEVELOPMENT ~ ~~i~' ~ ~i ~° ~ ~ (j ((~)[}~~[/{~.~\(/(~""+'~~ ~~ ~ ~, ._ _ . _; . ~~ ~ . ~ ~U~~W~~~ ~' f^s~(!-Y t`!~ ~t~f. / se~.... 1'!~t`YliflN 'r`~x'4N~Jj.ti.A~F.YT ~ ~ j .- 4;~ ~ ' ;t ~ -~ - k ~ >~-~~.,, ~~~~~~~~~~ ~~i~ r> ~ '9 . , ~ o .,~ . ~ ~ ~~. . ~ ~ GTY OF VIRGINIA FiEACH j.,*~~ *pw~ ) . ....~ .~, . ._ . ~ _ ._i ri.M ....aw ~ ~ " .,.~ .... '`~~. ~' P~ :,/~: Q : ~:~~~ ~~. . F ~ ~ ~,~°~ ~ '°`~` .` ~,R'~~~~` ~ ' . . ~r~ ~ ~' # s ~`~z '~' 1 ~~ h ~"a~ a ~#~ ~~ `~,,., , r?3s ~a. ~ ~ n (1 ~ . .f.l ax~~eP . ~j _ , F'u'_ ~-~~ : L~;~Q~L~R~ - zt.s,nc~x~s ~ { i ~ ~ i - . ,~,~: ~ ~ ,~ ~ ~ ~ ~ ~ ,-~ ~ ~ ,, ~ ~~ r t ~__ ~ ~ ~~ ~~ ~ ~~ r T~ t ~~ q, ~ . 3 ' . i .. t} `~ il~ ~ : ~ ~ ~ 't_ t-t z ~ 4 ~ ~ ~ ~~ ^~ ~a_ .`\ ~~ m . „ ~_~_ PIttURE ~~~~'~ BUSINE99PNRK ~ ~UAr I.GRE8 f""` ~f Z' '17' :IJ ~~.: ~~. ii m . sJ , m ., . .. •. . ~ ~ ..._. ~ : ~ ~{ j , .._ ,~~ N . t ~. , r~ i ~ Z ~ ; ` f~ ! / 47 1 ~ m , t t r , ~. ~ ..............~ ,~..vrHT . ~.~` I 4 ~ ~~, p 'I ...~ ^ /~R f^ ..... .. . ~'~,. ~ \ ~ ~ i~n o .M h.t u+. .. . ... ... w...ax..S'`.~ U Aug:rst 24, 2010 -8- CITY MANAGER `S BRIEFING PRINCESSANNE COMMONSATHLETIC VILLAGE ITEM # 60214 (Continued) PROPOSED IMPROVEMENTS Phase II-A Private Sector Investment Sportsplex/USFH Improvements Artificial turf installation - Sportsplex Concession upgrades - Sportsplex and USFH Private Box upgrades - Sportsplex Spectator seating expansion - USFH Total Phase II-A $ 1 195 000 Phase ii-B Construction o : 50,000 square foot retail complex and In rastructure Total Phase II-B $ 6 475 000 Total Phase II BENEFITS OF THESE PROJECTS - Advances Master Plan goals of Princess Anne Commons - Meets documented Athletic facility needs - Improves existing City infrastructure and landscaping at no taxpayer cost - Provides needed medical sheltering facility - Provides community recreation amenities at no cost to taxpayer - Increases opportunities for sports-related tourism - Reduces City operating expenses - Increases tax base August 24, 2010 -9- CITYMANAGER `SANNOUNCEMENT 4:12 P.M. ITEM # 6021 S The City Manager ANNOUNCED his APPOINTMENT of Deputy James A. (Jim) Cervera, a 32 year veteran of the Virginia Beach Police Department, as Chief of Police. Deputy Chief Cervera has led the department since former Chief A.M. "Jake" Jacocks Jr. retired in June. His appointment is effective September 1, 2010. He will lead a department of eight hundred sixteen (816) sworn staff and one hundred sixty-seven (167) civilians. Since 2007, the FBI has ranked "Virginia Beach the safest city of its size". It also boasts the lowest crime rate in Hampton Roads, with 32. 7 crimes and 2.1 violent crimes per 1, 000 residents last year. After having served two years with the Montclair, New Jersey, Police Department, Jim joined the virginia Beach Police department in 1978 and was promoted through the ranks. As Sergeant, he served as a SWAT team leader; as Lieutenant, he was assigned to the Labor Day Task Force; and, as Captain, he commanded the Second Precinct. He also has held posts in Professional Development and Training and assignments on the Chief's Staff. He was named Deputy Chief of Operations in 2000 and has supervised the Department's Investigations Division. During his tenure, he has been instrumental in developing and implementing the City's Gang Prevention Pragram. He authored and secured a series of grants for a Community Policing program, then coordinated and supervised its implementation. He also introduced the COMPSTAT program to the Department, which uses GIS technology to map crime and identify problems, brings Precinct Commanders together to discuss the problems and devises strategies to solve those problems and reduce crime. He holds positions with a number of community organizations including The Hampton Roads Communiry Foundation and Project Lifesaver International. Jim was also appointed to Governor Bob McDonnell's Transition Team. Jim earned a Bachelor of Arts degree in Criminal Justice from St. Leo University in St. Leo, Florida, and a Master of Public Administration Degree from Old Dominion University. Jim, SS, lives in Kempsville with his wife. Cynthia, and his grandson, Bailey. August 24, 2010 -10- C I T Y CO UNCIL COMMENTS 4:14 P.M. ITEM # 60216 Council Lady Henley referenced Princess Anne Commons is part of the Interfacility Traffic Area. Last week, she and Karen Prochilo - Planner, Department of Planning and Community Development, met with the representatives formulating the Interfacility Traffic Area Master Plan Study. The Study is alnaost finished and should be scheduled for adoption during an October City Council Session. Council Lady Henley wishes to make sure this does not just sit on the shelf. She wishes to aggressively start working to make things happen and identify possibilities for this area. In attending the Focus Group meetings, Council Lady Henley was amazed one suggestion would be to appoint a Task Force for our own "think tank" (members might be some of the people who participated in the focus group) to ident~ specifics for this area. The Planning Commission should be having a Workshop in September re the Plan and then same will be forwarded to Ciry Council in October. Some of the members who are performing research might be identified. Council Lady Henley advised this might be a good opportuniry for a new Virginia Beach Tomorrow study. Other versions were completed in 1976 and 1986. There is actually a portion within this area which will be labeled the Green Village. There are many opportunities within this area. Mayor Sessoms concurred it is time for another study along the lines of Virginia Beach Tomorrow. There are many wonderful bright minds within this community. ITEM # 60217 Councilman Dyer advised he met with the City Manager and Susan Walston, Deputy City Manager, concerning a reorganization of the Clean Community Commission. The Clean Communiry Commission will partner with Public Works in conjunction with Parks and Recreation. This concept will result in a stronger, more viable program. Councilman Dyer expressed appreciation for the participation. August 24, 2010 -11- CITY COUNCIL LIAISON REPORTS 4: 20 P.M. ITEM # 60218 Councilman Uhrin, Liaison, referenced the Military Econorriic Development Advisory Committee (MEDAC) meeting. A representative from the State stated the public cost subsidized for commuting is thi~•ty-nine cents ($.39) per vehicle per month. This does not include gas, nor other expenses for the car. This information will be included in City Council's package this Friday, August 24, 2010 -12- A GENDA R E VIE W SESSION 4:21 P.M. ITEM # 60219 Mayor Sessoms distributed a Resolution proposed to be ADDED to the Agenda.• Resolution PROTESTING the proposed closure of United States Joint Forces Command (JFCOM) and REQUESTING the Virginia Congressional Delegation and Governor McDonnell to take whatever actions are necessary to maintain JFCOM'S presence in Hampton Roads ITEM # 60220 BYCONSENSUS, the following items shall compose the CONSENTAGENDA: K. ORDINANCES/RESOL UTION Ordinance to GRANT a Franchise to ENTERTAINMENT, INC. for the use of City property at the Oceanfront and 1 S`" Street re the operation of the Virginia Beach Fishing Pier. 2. Ordinance to DECLARE portions of City-owned property EXCESS at the intersection of Princess Anne Road and Winterberry Lane and AUTHORIZE the City Manager to grant an ingress/egress easement over such property to Mountain Ventures Virginia Beach, LLC. 3. Ordinance to AUTHORIZE an easement to Virginia Electric and Power Company (VEPCO) over City-owned property along Norfolk and Cypress Avenues re installing and maintaining two (2) pad-mounted stepdown transformers and underground cables. 4. Resolution to AUTHORIZE an allocation of up to $1-Million through the Virginia Department of Transportation (VDOT) Revenue Sharing program re Princess Anne and Kempsville Roads intersection improvements; and, AUTHORIZE the City Manager to EXECUTE all necessary agreements for project development and construction. August 24, 2010 -13- A GENDA RE VIE W SESSION ITEM # 60220 (Continued) Ordinances to ACCEPT and APPROPRIATE: a. funds from the General Fund for two five (S) year interest free loans: (1) $100, 000 to the Sandbridge Rescue and Fire, Inc. re the purchase of a replacement ambulance (2) ~62, 000 to the Kempsville Rescue Squad, Inc. re the purchase of a replacement ambulance b. $98,571 from the U.S. Department of Homeland Security to the FY 2010-11 Fire Department Operating Budget re the purchase of tactical rescue equipment and related training associated with the Tidewater Regional Technical Rescue Team $75, 874 from Opportunity Inc. to the FY 2010-11 Department of Human Resources Operating Budget to fund the Z010 Summer Youth Work Experience Program Council Lady Rosemary Wilson DISCLOSED and ABSTAINED Pursuant to Section 2.2-3115(E), Code of Virginia re Ciry Council 's discussion and vote on the Ordinance to grant a franchise to Entertainment, Inc., for the use of Ciry property at the Oceanfront and I S`h Street for the operation of the Virginia Beach Fishing Pier (Item K.1). Council Lady Wilson has a personal interest in this transaction because her husband is a principal in the accounting firm of Goodman and Company, and provides accounting services to Entertainment, Inc. Goodman and Company is located at 272 Bendix Road, Suite 500, Virginia Beach, Virginia. Council Lady Wilson wishes to disclose this interest and ABSTAIN from City Council's consideration of this matter. Council Lady Wilson's correspondence of August 24, 2010, is hereby made a part of the record. August 24, 2010 -14- A GENDA RE VIE W SESSION ITEM # 60221 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: L. PLANNING Application of THOMAS and JACQUELINE RICHARDS for a Conditional Use Permit re a residential kennel at 1112 Hartwood Avenue. DISTRICT S - LYNNHAVEN 2. Application of EDWARD and JEANSNYDER for a Conditional Use Permit re an addition to an existing boat dock with boat lift to create a non-commercial (community) pier/dock at 1057 and 1061 Bobolink Drive. DISTRICT 5 - LYNNHAVEN 3. Application of ADOLFO MARTINEZ for a Conditional Use Permit re a skateboard ramp at 2008 Gadsby Court. DISTRICT 1- CENTER VILLE Item L.3 (ADOLFO MARTINEZ for a Conditional Use Permit re a skateboard ramp) shall be WITHDRAWN, BY CONSENT. August 24, 2010 -15- ITEM # 60222 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 specifrc public o~cers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees LEGAL MATTERS: Consultation with legal counsel or briefings by staff inembers or consultants, pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding spec f c legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A) (7). Estate of Michael Knockett v. City of Virginia Beach Norfolk Southern Upon motion by Councilman Wood, seconded by Vice Mayor Jones, City Council voted to proceed into CLOSED SESSION at 4: 23 P.M. Voting: 11-0 Council Members voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph Harry E. Diezel, 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: None ~Closed Session: 4:23 P.M. - 6: 00 P.M.J August 24, 2010 -16- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 24, 2010 6: 00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 24, 2010, at 6: 03 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, William R. `Bill" DeSteph, Harry E. Diezel, 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: None INVOCATION: Vice Mayor Louis R. Jones PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realry, which is an a~liate 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 ident~ 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 o~cial records of City Council. Mayor Sessoms ' letter of March 24, 2009, is hereby made a part of the record. August 24, 2010 -17- 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 Conflact 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 o~cial 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. August 24, 2010 -18- Item V-E.1 RECOGNITION ITEM # 60223 The Master Councilor and Members of the Kempsville DeMolay Chapter were in attendance and recognized by the Mayor. August 24, 2010 -19- Item i~ E.1 CERTIFICATION ITEM # 60224 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE 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: I 1-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph , Harry E. Diezel , 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 Coisncil Members Voting Nay: None Council Members Absent: None August 24, 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 #60222, Page 15, and in accordance wlth the provisions of The V~rginia Freedom of Information Acr, and, WHEREAS: Section Z.Z-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 Ciry 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. ~~ ~~:u,~'~iti x / uth Hodges Fraser, MMC City Clerk August 24, 2010 -20- Item V-F.1 ITEM # 60225 Upon motion by Councilman Dyer, seconded by Councilman Davis, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of August 10, 2010. 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 Abstaining: Harry E. Diezel Council Members Absent: None Councilman Diezel ABSTAINED as he was Out of the City and not in attendance during the City Council Session ofAugust 10, 2010. August 24, 2010 -21- Item V-G.1. ITEM # 60226 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADDED the fo[lowing Resolution, as Item 6 under the Consent Agenda (Ordinances/Resolution): Resolution PROTESTING the proposed closure of United States Joint Forces Command (JFCOM) and REQUESTING the Virginia Congressional Delegation and Governor McDonnell to take whatever actions are necessary to maintain JFCOM'S presence in Hampton Roads Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph , Harry E. Diezel , 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: None August 24, 2010 -22- Item V-G.2. ADOPT AGENDA FOR FORMAL SESSION ITEM # 60227 BY CONSENSUS, Ciry Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED: Resolution PROTESTING the proposed closure of United States Joint Forces Command (JFCOM) and REQUESTING the Virginia Congressional Delegation and Governor McDonnell to Delegation/Governor to take whatever actions are necessary to maintain JFCOM'S presence in Hampton Roads August 24, 2010 - 23 - Item V-H.1. MAYOR'S PRESENTATION ITEM # 60228 Mayor Sessoms introduced Nancy Creech, President and Chief Executive Officer - Neptune Festival, and Stephen McNulty, Chair of the 2010 Neptune Festival. Chairman McNulty advised the Neptune Festival is entering the Thirty-seventh year of serving Virginia Beach. The Neptune Festival has an annual budget of approximately $2-Million. This is derived from corporate partnerships, admission tickets and different forms of inerchandise sales. Approximately $18-Million in economic impact is generated by the Neptune Festival to the City of Virginia Beach. $700, 000 goes directly to tcrzes. The Neptune Festival partners with d~erent organizations to provide charitable contributions of approximately $100,000 i.e. City of Virginia Beach Contemporary Arts, Children's Hospital of the King's Daughters (CHKD) and Virginia Beach JAYCEES. Approximately `/z-Million visitors enjoy the Festival. The Neptune Festival is referred as one of the foremost Festivals in North America. Chairman McNulty PRESENTED King Neptune XXXVII and his Court: 2010 ROYAL COURT KING NEPTUNE X~'YVII Bruce L. Thompson Chief Executive Officer PHR/GOLD KEY PRINCESSES Marissa Bondi Stephanie Craft Chandler Cutchin Jasmine Gandhi Ragan Killen Erin Larson Emily Levis Sarah Nicholas Morgan Ryan Dare Ruffin August 24, 2010 -24- Item V-H.1. MAYOR'S PRESENTATION ITEM # 60228 (Continued) TRITONS David C. Burton Partner Williams Mullen Al V. Hutchinson Vice President Convention Sales and Marketing City of Virginia Beach Convention and Visitors Cemter (unable to attend / working) Aubrey L. Layne President Great Atlantic Management Ron Mclntosh Executive Vice President Hourigan Construction Dr. Edwin W. McLaughlin Partner Emergency Physicians of Tidewater Nick Pace Executive Vice President, General Counsel and Secretary Amerigroup Corporation Bertrum S. Reese Senior Vice President and CIP Sentara Healthcare Daniel N. Ryan, Jr. Vice President Dan Ryan's for Men KING NEPTUNE ~VII Bruce L. Thompson presented gifts to the Mayor and City Council and advised he was honored being chosen as King. Bruce Thompson takes the role very seriously. He remembers vividly the first Neptune Festival. The Neptune Festival commenced thirty-seven (37) years ago as a means of extending the Resort Season by providing a celebration to its citizens. The Neptune Festival has evolved into an organization that is now involved with virtually every major charitable organization in the City. Mayor Sessoms expressed appreciation to the members of the Neptune Festival. The Mayor and Ciry Council are extremely proud of them. August 24, 2010 - 25 - Item V-I.l. PUBLIC HEARING ITEM # 60229 Mayor Sessoms DECLARED A PUBLIC HEARING: FRANCHISE 1 S`" Street Pier There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING August 24, 2010 -26- Ite~n V-I.2. PUBLIC HEARING ITEM # 60230 Mayor Sessoms DECLARED A PUBLIC HEARING: EXCESS PROPERTY Ingress/Egress Easement - Princess Anne Road and Winterberry Lane There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING August 24, 2010 -27- Item V-I.3. PiIBLIC HEARING ITEM # 60231 Mayor Sessoms DECLARED A PUBLIC HEARING: UTILITY EASEMENT Virginia Electric and Power Company - Norfolk Avenue There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING August 24, 2010 - 28 - Item V-J. ORDINANCES/RESOL UTIONS ITEM # 60232 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in ONE MOTION Ite»zs 1, 2, 3, 4, S a. b. c., and 6(ADDED) of the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. `Bill" DeSteph , Harry E. Diezel , 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: None Council Lady Rosemary Wilson DISCLOSED and ABSTAINED Pursuant to Section 2.2-311 S(E), Code of Virginia re City Council 's discussion and vote on the Ordinance to grant a franchise to Entertainment, Inc., for the use of City properry at the Oceanfront and 1 S`" Street for the operation of the Virginia Beach Fishing Pier (Item K.1). Council Lady Wilson has a personal interest in this transaction because her husband is a principal in the accounting firm of Goodman and Company, and provides accounting services to Entertainment, Inc. Goodman and Company is located at 272 Bendix Road, Suite 500, Virginia Beach, Virginia. Council Lady Wilson wishes to disclose this interest and ABSTAIN from Ciry Council's consideration of this matter. Council Lady Wilson's correspondence of August 24, 2010, is hereby made a part of the record. August 24, 2010 -29- Item V-J.1. ORDINANCES/RESOL UTIONS ITEM # 60233 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT.• Ordinance to GRANT a Franchise to ENTERTAINMENT, INC. for the use of City properry at the Oceanfront and 1 S`" Street re the operation of the Virginia Beach Fishing Pier. Voting.• 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Rosemary Wilson Council Members Absent: None Council Lady Rosemary Wilson DISCLOSED and ABSTAINED Pursuant to Section 2.2-311 S(E), Code of Virginia re City Council 's discussion and vote on the Ordinance to grant a franchise to Entertainment, Inc., for the use of City properry at the Oceanfront and I S`" Street for the operation of the Virginia Beach Fishing Pier (Ilem K.1). Council Lady Wilson has a personal interest in this transaction because her husband is a principal in the accounting firm of Goodman and Company, and provides accounting services to Entertainment, Inc. Goodman and Company is located at 272 Bendix Road, Suite 500, virginia Beach, Virginia. Council Lady Wilson wishes to disclose this interest and ABSTAINfrom City Council's consideration of this matter. Council Lady Wilson's correspondence of August 24, 2010, is hereby made a part of the record. August 24, 2010 i AN ORDINANCE TO GRANT A FRANCHISE 2 TO ENTERTAINMENT, INC. FOR THE USE 3 OF CITY PROPERTY AT THE OCEANFRONT 4 AND 15T" STREET FOR THE OPERATION s OF THE VIRGINIA BEACH FISHING PIER 6 ~ WHEREAS, on May 11, 1962, the City Council originally granted a twenty- g year franchise to Virginia Beach Pier and Amusement Company ("VBPAC") at the 9 oceanfront and 15th Street for the construction and operation of a fishing and io amusement pier (the "Virginia Beach Fishing Pier"); ~~ i2 WHEREAS, since the expiration of the original twenty-year franchise, i3 additional five-year franchises and one (1) three-year franchise have been granted to ia the VBPAC's successor, Entertainment, Inc.; 15 i6 WHEREAS, the current franchise has expired and Entertainment, Inc. 1~ desires to continue operating the pier and its related facilities; ig i9 WHEREAS, Entertainment, Inc. has agreed to make certain repairs and 2o refurbishments to the pier as a condition to the granting of a new franchise; 21 22 WHEREAS, City staff has recommended to the City Council that a 23 franchise be awarded to Entertainment, Inc. for a five-year term; and 24 2s WHEREAS, based on the staff's recommendation and the pier's long-time 26 existence, the City Council finds that granting a five-year franchise for the operation of 2~ the Virginia Beach Fishing Pier will promote the public interest and serve to enhance the 2s festive atmosphere at the oceanfront. 29 3o NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 3~ OF VIRGINIA BEACH, VIRGINIA: 32 33 1. That a franchise is hereby granted to Entertainment, Inc. to operate 3a the Virginia Beach Fishing Pier at its existing location effective November 1, 2009 until 3s October 31, 2014. 36 3~ 2. That the City Manager, or his designee, is hereby authorized to 3g execute the franchise agreement with Entertainment, Inc. in accordance with the 39 Summary of Terms attached hereto, and made a part hereof, and such other terms and 4o conditions deemed necessary and sufficient by the City Manager and in a form deemed 4i satisfactory by the City Attorney. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on this 44 24thday of A„q„st , 2010. i APPROVED AS TO LEGAL SUFFICIEN Y:l r ___ City Attorney CA11638 V:\applications\citylawprod\cycom32\W pdocs\D026\P002\00040994.DOC R-1 August 13, 2010 APPROVED AS TO CONTENT: SUMMARY OF TERMS Proposed Franchise For Virginia Beach Fishing Pier Grantor: City of Virginia Beach Grantee: Entertainment, Inc. Franchise Property: See Exhibit A property designated as "Pier Property" Term: November 1, 2009 through October 31, 2014. Franchise Fee: $14,000 for first year of franchise $20,000 for each additional year of franchise Franchise fee to be paid in equal installments on the 15th of each June, July, August and September of each year. Responsibilities of Grantee: Shall keep Pier and Pier Property in good condition and repair. Shall provide commercial liability coverage including product liability coverage in the amount of not less than $1,000,000 (CSL). Shall indemnify and hold harmless the Grantor for all claims, damages or losses resulting from Grantee's operation, occupancy and use of the Pier and Pier Property or the conduct of its operation, or resulting from the negligence or intentional acts or omissions of the Grantee. Permitted Uses: Rental and sale of bait and tackle for fishing. One or more restaurants with a maximum area of 4,600 square feet each. Retail stores engaged in the sale of tourist-related merchandise, goods and/or services. However, the sale of time shares shall be permitted only from a specified kiosk on the Pier. Rights and Responsibilities of Grantor: Shall have the right to inspect the Pier and the Pier Property at all reasonable times with or without notice to the Grantee. Shall have the right to cancel and terminate the franchise on written notice to the Grantee upon failure of the Grantee to cure a default or a breach of the terms and conditions of the franchise. Shall have the right, with no compensation to the Grantee, to photograph the Pier, including the interior and exterior thereof, any persons on and about the Pier and the name of the Grantee's establishments, and to use any such photographs in any of the Grantor's publicity or advertising. Special Conditions: From November 1 through January 6 of each year, the Grantor shall have the right to place on the Pier electric lights, electrical wiring, temporary junctions or fuse boxes and such other equipment needed by Grantor in connection with a holiday light display on the Virginia Beach oceanfront boardwalk of the type currently known as "Holiday Lights at the Beach". Franchise is assignable upon written consent of the City. The City may consent or decline to consent to any such assignment. Franchise to maintain reserve of $75,000 to provide for removal or repair of Pier in event of storm damage or other natural disaster. Repairs To Be Made By Grantee: • Removal and Replacement of Chain Link Gates. No later than October 31, 2010, Grantee will replace two chain link gates located upon the Pier, with aluminum decorative gates. • Painting of Pipe Railings. No later than June 15, 2010, Grantee will paint the pipe railings on the roof of Ocean Eddie's restaurant. • Repainting of Wood Railings. No later than June 15, 2010, Grantee will paint railings surrounding the outdoor dining areas to match the painted railings located elsewhere upon the Pier. • Installation of New Lighting. Grantee will install ornamental lighting on the Pier, between the Virginia Beach boardwalk and the turnstiles to the fishing area of the Pier. The lighting will be identical to that used by the City along the Virginia Beach boardwalk. Along the fishing area of the Pier, Grantee will install low profile, low voltage lighting fixtures. Grantee will complete its installation of the new lighting fixtures no later than June 15, 2010. Air Conditioning Unit Replacements. No later than June 15, 2010, Grantee will replace eleven (11) roof-top air conditioning units with "slim- line" air conditioning units. The foregoing will not include replacement of one (1) roof-top air conditioning unit owned by a tenant of the Pier. Structural Repairs. No later than October 31, 2010, Grantee will install new bolts in structural features of the Pier, new caps, and new decking between the Pier entrance and just beyond the turnstile to the fishing area of the Pier. All repairs on will meet or exceed the recommendations made by W. Carter Sinclair, Jr., P.E., of SPC Structural Engineers, dated March 29, 2010. Any repair or repainting referenced on Paragraphs 1- 3 of Exhibit B shall be performed as needed to ensure a consistent state of repair through the term of this Agreement. EXHIBIT A The pier property, generally known as the "15t~' Street Pier", extending from the Boardwalk over the sandy beach and into the Atlantic Ocean generally east of 15t~' Street in the City of Virginia Beach, more particularly described as follows: PIER PROPERTY All that certain strip, tract or parcel of land lying in the City of Virginia Beach, Virginia, lying east of the Entertainment, Inc. Tract (as defined below), being bounded on the west by the Entertainment, Inc. Tract, on the east by the low water mark of the Atlantic Ocean, on the north by an extension into the Atlantic Ocean of the northern line of the Entertainment, Inc. Tract, and on the south by the extension into the Atlantic Ocean of the southern line of the Entertainment, Inc. Tract, together with all ways, water courses, riparian rights, privileges and appurtenances to the same belonging. ENTERTAINMENT INC. TRACT All that certain tract, piece or parcel of land, together with the all buildings, appurtenances and riparian rights thereto belonging, including all piers, wharves and structures thereon and extending eastwardly therefrom, located in the City of Virginia Beach, Virginia, and described as follows: Beginning at a point in the eastern line of Atlantic Avenue 92 feet and 6 inches north of the intersection of the northern line of 14th Street with the eastern line of Atlantic Avenue, and running thence northwardly along the eastern line of Atlantic Avenue 289 feet and 6 inches to a point in the eastern line of Atlantic Avenue; thence eastwardly and parallel with 14th Street 150 feet to a point; thence southwardly parallel with Atlantic Avenue 289 feet and 6 inches to a point; thence westwardly parallel with 14th Street, 150 feet to the point of beginning; it being a portion of Block 1 as shown on the plat of property of Norfolk and Southern Railroad dated April 2, 1914, and recorded in the aforesaid Clerk's Office in Map Book 6 at page 320. ~ F~~~~n~~ ~~~ City of Virgirzia Beach . . ~ 2 ~i } ~~q9 . ' 0~C'~~ R ~ S ~~F ~~UR NAZ~~N ROSEMARY WILSON COUNCIL LADY - AT-LARGE In Reply Refer to 0042268 August 24, 2010 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(E) Dear Mrs. Fraser: VBgOV.COm PHONE: (757) 422-0733 FAX: (757)385-5669 Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the ordinance to grant a franchise to Entertainment, Inc. for the use of City property at the Oceanfront and 15th Street for the operation of the Virginia Beach Fishing Pier. 2. I have a personal interest in this transaction because my husband is a principal in the accounting firm of Goodman & Company, and my husband provides accounting services to Entertainment, Inc. Goodman & Company is located at 272 Bendix Road, Suite 500, Virginia Beach, VA. 3. I wish to disclose the above facts and abstain from City Council's consideration of this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 1304 WREN PLACE, VIRGINIA BEACH, VA 23451 Mrs. Ruth Hodges Fraser -2- August 24, 2010 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (H) Thank you for your assistance and cooperation in this matter. Sincerely, t .~ Rosemary A. Wilson Councilmember RA W/RRI -30- Item V-J.2. ORDINANCES/RESOL UTIONS ITEM # 60234 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to DECLARE portions of City-owned property EXCESS at the intersection of Princess Anne Road and Winterberry Lane and AUTHORIZE the City Manager to grant an ingress/egress easement over such property to Mountain Ventures Virginia Beach, LLC. Voting.• 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel , 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: None August 24, 2010 1 AN ORDINANCE DECLARING PORTIONS OF 2 THE PROPERTY LOCATED AT THE 3 INTERSECTION OF PRINCESS ANNE ROAD 4 AND WINTERBERRY ROAD IN EXCESS OF 5 THE CITY'S NEEDS AND AUTHORIZING THE 6 CITY MANAGER TO GRANT EASEMENTS ~ OVER SUCH PROPERTY TO MOUNTAIN $ VENTURES VIRGINIA BEACH, LLC 9 lo WHEREAS, the City of Virginia Beach (the "City) is the owner of that certain 11 parcel of land located at the intersection of Princess Anne Road and Winterberry Road 12 (GPIN: 1494-09-6316) (the "Property"); 13 14 WHEREAS, Mountain Ventures Virginia Beach, LLC ("Mountain Ventures") has 15 requested that it be granted an ingress/egress easement (the "Access Easement") 16 across the Property to allow Mountain Ventures to construct an access drive (the 1~ "Access Drive"), which would provide access to and from Landstown Commons ls Shopping Center (the "Shopping Center") from Winterberry Lane; 19 2o WHEREAS, Mountain Ventures has also requested a landscaping easement (the 2 ~ "Landscaping Easement") over a portion of the Property for the purpose of planting and 22 maintaining landscaping as a buffer between the Access Drive and the adjacent 23 residential properties; 24 25 WHEREAS, Mountain Ventures has also requested a 10' temporary construction 25 easement (the "Construction Easement") along the Access Drive for purposes of 2 ~ constructing the drive; 2s 29 WHEREAS, Mountain Ventures agrees to construct and maintain the Access 3 o Drive and all landscape improvements in compliance with City standards and 31 requirements; 32 33 WHEREAS, in exchange for the Access Easement, the Landscaping Easement, 34 and the Construction Easement from the City, Mountain Ventures will convey to the City 3 5 an access easement over the main drive aisle of the Shopping Center parcel to the 36 existing Shopping Center entrance at Princess Anne Road; and 37 3s WHEREAS, the City Council is of the opinion that the portions of the Property 39 relating to the Access Easement and the Landscaping Easement are in excess of the 4 o needs of the City of Virginia Beach. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA: 44 45 That the portions of the Property relating to the Access Easement and 46 Landscaping Easement are hereby declared to be in excess of the needs of the City 4~ and that the City Manager is hereby authorized to execute any documents necessary to 4 s convey an Access Easement, a Landscaping Easement, and a related Construction 49 Easement over the Property to Mountain Ventures in substantial conformity with the 5o Summary of Terms attached hereto and such other terms and conditions deemed 51 necessary and sufficient by the City Manager and in a form deemed satisfactory by the 52 City Attorney. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day 55 Of August , 2010. APPROVED AS TO CONTENT ~r C , ,wJ S~. lic Works APPROVED AS TO FORM ~ City Attorney CA11425 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\W pdocs1D024\P006\00056932.DOC R-1 August 13, 2010 SUMMARY OF TERMS Easements to be Conveved to Mountain Ventures: Access Easement over a portion of GPIN: 1494-09-6316 Landscaping Easement over a portion of GPIN: 1494-09- 6316 10'-wide Temporary Construction Easement over a portion of GPIN: 1494-09-6316 Easement to be Conveved to the Citv: Access easement over the main drive aisle of Landstown Commons Shopping Center in Virginia Beach, to entrance at Princess Anne Road Oblictations of Mountain Ventures: Maintain public liability insurance in amounts reasonably requested by City Construct and maintain access drive and landscaping improvements in compliance with City standards and requirements Citv Termination RiQhts: City may terminate the easements granted to Mountain Ventures, in its sole discretion, in the event of certain circumstances. If City terminates the easements within 11 years of the date of the Easement Agreement, then the City will reimburse Mountain Ventures for its cost of construction. ~ ~~-~i~" ~ ~ ~:~ ,~-Q'~' ~ '~ ~Ci Z, ~ ~~~ ~ a U ~ ~ c / o ~, ~ ~ ~ 0 ~ q a ' ~ ~ Q~ ~ ~ o ~ 1~ _ _ o ~ ~~ ~ Z Z PR$~RRY ~ O ; ' C~ ~ _v a'-~ ~~, V c~c ~-~' O a ~ ~~~ O ~,V a Q~ ~ H V ca ~ M tD ~ O ~ ~ ~ m Z >a U C7 o ~,,c ~- ~o ~,~~,o ,~~~ ~s ~ o Q~a ~ ~,~~ a`'~ Q~ ~ z 8 ~ v~~~~ ~ s ~ ~ v ~ ~ ~ x ~ c~ ~ ~ m U ~ ~ ~ m ~ a T M ~ a a ~ ~ Z m ~ J Q ~ ~V~ ° ~ Q T U Z ~ a o ~ ~ ~ U J a t~ ~ m a x 0 c~ M ~ O ~ rn v ~, ~ Z Q ~I ~ o !P1 L u a m 'a .Z' = U U N -- ~ ' J ' w ~y ~ ~ ~ ~ _ ~~ ~~ ~~~~~~~~~~l~l -~- ~ls~~,~~.~~~ .- ~~ ~~ .~~~~"b c~ ~~ ~ ~ oa~ fi~l ~A V W i aGWQ ~ -*- ~+ ~'~ ~V~i ~pr~J~~~~~J ~ ; . ; ~ ,~~°~~ ~~ OZ~nW `~.~ ~~ ~ a ~ W Q r r r ~~ f w c~ c,: .--:. ~ ~ ~ M -"" ~ , 1 ~ i.~4.. ~ ~~~~ ~, ~ ~ W H ~.. ~,~;, ~ ~ '~~; ~„} ~ ~= W i,,,`3 r~- ~ ~ ~ ~3 ~~ ~ ~ '~ LL. : W ~ ~ W ~ W ,~4 ~ ~ 4 ~ W _ ~ Z ~ .-. ~ ~ OW Uz zW ~ ~ U W ~z ~ o a ~ zo ~ ~ ~ a ~ ~ ~ t`~ W ~ J ~ W'~ k t 1 f F ~--~,_._",.._...;,±a..~,,.. -,~,„°"'9", ~'° ~} ~;~ ~ ~ ~ ~ w ~ ~ _ ~I `: '.~,~r s '~ W ~ ,~ .-M ! t~':s ~. W ~ ~j w ~ ~ '- ~' r _ i,t^i ~ r ~.'") ~ ~~~ ' r w ~ '='~- W „~. .~ Q ~ ~~ ` ~ f ~ ~ ~ ~ ~ '~ ~,~ ~ i~ f " , i i w - ~~S x ~ ~ ~,~ ` ;.~~ ~ ~ ~~ ~ C,~ ~,~ ~ ~: s ~ t~~ ;~ i ~ ~ ~ ,~ ~ ~ r,~- ~ J W w ~` t'*` "'`.~" f~ ~ ~~ '~- ~ <` ~ r ~ ~ ~ ~ _ ~~ t..~ ~ "~,-~ ~ J ` ~ ~~,+, ~ . _ ~ ~--, ~ ~ ~ "~ ~:3 f ~ j ~ ! u ..a ~ w ~~~ -~ c~ ~La,;r ..~; ~' ~=~'-~W =w~~ ~~ ~~~ ~~ ~ ~ r- ~ w ;~-«~ r- _ ,~. ~ ~ r~. " ~% ~ ~- ~r'i ~? ~ ~'` w c_: I-= ~ ~ w J, ~ ~ -" ~ ~Y ~ ~ ~~ ~ , ~: ~ ,~ ~ r~a w = ~ [..~ - ~ ~~ ~ ~ I ~ "' ~ ~i ~- _ ~ "~ ~ ~ t1~ ~ ~'~' 3 .~ ~ .`r~,, ~ ~ ~- ,~-~ ~ ~ .~- W € y ~ ~ ~ ~r~ °~ ~, c,. ~ ~ :.~ ~ "~ ~-~ ~°'' ~~, ~ w w =~ .~ ~ r~ ~ .~ w ~ ~ ~.~'~ ~ ww~~-' ,~~`~ '~ ~ ~ w ~" ,- w : i ~. ~-_ ,L~' G~~ 3~,~~,'~~'.9~N ,~,--- t~ ~„~ cl ~-- ; --I ~. w ~ r~~ ~ ~~ ~ ~ ~-~ ? ~ ,~r - ~s w ~, f~-~u~ . ~'=~'c-' ~~ . . _ ~ ~ u~ ~ ~~~ ~ W ~ ~.~ ~ ~, ~ W Z ~. ~" LL '~. ;~ ~ r'". Q ~ ~ C}7 ~ C'~ ~ ~ N ~- ~ ~ I ~ W ~ ~ ~ ~ ~ i/+--~y I,,~ V ~ ~ "~ a ~ -31- Item V-J.3. ORDINANCES/RESOL UTIONS ITEM # 60235 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE an easement to Virginia Electric and Power Company (VEPCO) over City-owned property along Norfolk and Cypress Avenues re installing and maintaining two (2) pad-mounted stepdown transformers and underground cables. Voting: I1-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. `Bill " DeSteph , Harry E. Diezel , 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.• None August 24, 2010 1 AN ORDINANCE AUTHORIZING THE GRANTING 2 OF AN EASEMENT OVER 1,740 +/- SQ. FT. OF 3 CITY-OWNED PROPERTY LOCATED OFF 4 NORFOLK AVENUE BY VIRGINIA ELECTRIC AND 5 POWER COMPANY 6 7 WHEREAS, Virginia Electric and Power Company ("VEPCO") has 8 requested the City grant it an easement over a portion of the City-owned multi- 9 use path and adjacent open area, approximately 624 feet west of the intersection 10 of Norfolk Avenue and Cypress Avenue (the "Easement"), for the purpose of 11 installing and maintaining two (2) pad-mounted stepdown transformers and 12 underground cables; 13 14 WHEREAS, the Easement will contain approximately 1,740 sq. ft. (0.0399 15 acre) (the "Easement Area") and is needed for part of a VEPCO load relief 16 project to provide reliable electric service and prepare for future demand in the 17 area; 18 19 WHEREAS, the Easement Area will be used for the installation and 20 maintenance of two (2) pad-mounted stepdown transformers and underground 21 cables. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 24 CITY OF VIRGINIA BEACH, VIRGINIA: 25 26 That the portion of the Property relating to the Easement is hereby 27 declared to be in excess of the needs of the City and that the City Manager is 28 hereby authorized to execute the necessary documents to grant an easement to 29 VEPCO over City-owned property in Virginia Beach, Virginia, as shown on the 30 plat attached hereto as Exhibit A, and the documents shall contain such other 31 terms and conditions deemed necessary and sufficient by the City Manager and 32 in a form deemed satisfactory by the City Attorney. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia on the 35 24~n day of Auqust , 2010. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM - -~~ rm~-~ C• ~,~so~ City Attorney / P ic Works - Real Estate CA11635 \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\ Wpdocs\DOI9\P007\00063897.DOC R-1 August 13, 2010 ~ EXHIBIT A -~ ~ ~ ~ ~ ~ ~ $ ~ ~ .~,,~ ~ ~ ~ o ~ ~~ ~ ~ ~ ~ ~ ~ --~ ~ ~ m ~ mN o ~p ~ ~ ~ ~ ~9y,~£lN 9 ~S~S.°5 ~Z ? z g~,,~ '~• ~ ~ ~C A (r~ r D Z q C g ~ ( I ~ 2 1 V~ 2m NN O~ Z s ~ H ~ ~ _ ~ ~ 0' i~ = ~s~~} ~~~ ~ I I I I Z u + ~ 1 ~ 1 0' \ 1 m ~ ~' ~ 3AY NYIONI ~ , n $ cz o5 ~ ~~~ I I _ u ~ I w~ ~r I ~ ~ d W A ~OO E ~ Z ~NO~s S ~ ~ I ~ O1 • ~o + ~ u ~ ro~ ~ ~~ N D ON K ~~ I I I I N ~ ~ ~{M m~ ~o~ i ~ N N 2 i I I ~ ~ ~ ~ ~ ~ I I I I ~ I I ~ I ~ I ~ I 1 I I ~ ~ ~ ~ I ~ I ~ 1 I i083~93(FMRN~ z ~ I I ~~im I I I I ~ ~ o j2NU'i w g?~ 5~ ~ ~ I I ~ n_ s s ~ I I r t~ N ~ Z ~ ~~ Q~~~ ~ ~ 1 ~ p1 ±. ~ ~~~~m>nn ~~NO ' 1 ~ ~ ~ ~~ ~~~ ~ I ( = I I l +~ s ~~~ L~ ~~ s~'e~m2 ~ ~ ~ ~ ~ 1 IZ ~~ ~~~ ms ~~ I I I W O ~~ ~ ~ ~~ ~ ~~~j D ~ I ^ {~\ ~ ~ rmp~(n A ~~ p N[wK ~~ ~g ~~~~~ ~`i~ I I Ol' ~ ~ I JG`\ ~1 u~ ~ '~y S~ . ~ ~ ~fp 5 O ~~ ~ Z ~ ~ O I i ~ ~ n ;$°~ ~ +4pi~ r ~ ~ rSN ~ ~ ~~ ~~~ ~ m mO O ~ I ~~ ~ O I ~ 9~N~r I O t ~= ~ vL u N~n ~ ~ x p ~2 ~ ~ m ~ 1~1~ O~ I I ; T~ m I I 1 4 ~ $ I iX +~ 1 m ~yZ 1 ~~€ ~~~ L°~ ~ n~ I V D I I Ngf '~m ~ ~ I G Cn 5 ~~ ~ N ~>~ X! ~S~ ~ ~O I ~ m I Z ~ I I I NV ~ = 1 ~ ' ~ ,a s j m d= ~ I : C v r'~"I I I „ V O I . O * i I I ~~ 1 ~ 1 I I ~ B I I w~ \.+ u~CJ z ~l I I y Of~ ~ y O~ 1 J ~ ~ n S2° I I ~ L m~ ~~ ~ O ~$ ~ d I .i O e G ~ 1 ~ ~ ~ ~~ 1 1 ~ 7 9~ ~~ ~ O .7 . ~ I I p 2 ~ I 2 ~ I rp m_ ~ ~ ~ ~ fowa -0 , ~4 I I ' ~ ~ c q ' ~ u+ u ~ 1 ~ ~ m~ o+ I I Z Wp~ ~q I ~~ ~ ' I ~ G Q. I ~ ~ ~ o~ ~ ~ 1 1 m n~ ~ I o ~m l ~ ~ ~J i u ~ °' ~ g$ ~ ~ ~ ~ O ~ I J~ fAN o ~ a Z ~ ~ i c~oyy~ ~m .y D ~ ~ o d~ ~ o 'A Q D N ~ m ~ °'- ' g$ f ~r' + H m+ a ~W e+ ~ + ~ q l l / g~~~~~ _i3:~.~~ ~ 4m d ~ Z z• o l~< _ g= o ~ U ~ ; ~ ~ 5 m ~ ~ ~ I ~ m ~~ ~ ,p ~O ~ V 111 ~ y~ N ' ~~ +~~ ~ O o ~ ~~ ~ Z m ~ O z~ sy ( /~ r i ~ i ~~ G* g$ 1'j t~ N r rmn ~ ~ .ZI n ~ ~Z~47~~~ , ^ -I N ~~ s I ! li N I 1+12 * N~ ~' ~ 1~ V 2 ~ ,_ p '6 ~ c~i D D ~ . n~ ~ i > ~ i N F,mi ~" O ~ ya £lN I' ~ ~ s °c ~ ~ v ~ ~ O I I N N N I Tj / ' ~ ~ '' ~ r i ~ S m g p ~ ~ A O ~ ('~'~ ~ y' z 1 1 I I= ~ I s mgy N9+ i n V ~ mp~ Z~ J~I ~ y N~' I I I I N ~~='~\ ~ ~ ~~. m D ~ ~ I S ~ ~~~o m~N ma T .m~~ + mo ~ ±o ~ ~~ + O +~~ ~ _~ -32- Item V-J.4. ORDINANCES/RESOL UTIONS ITEM # 60236 Upon motion by vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Resolution to AiITHORIZE an allocation of up to $1-Million through the Virginia Department of Transportation (VDOT) Revenue Sharing program re Princess Anne and Kempsville Roads intersection improvements; and, AUTHORIZE the Ciry Manager to EXECUTE all necessary agreements for project development and construction. Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. `Bill " DeSteph , Harry E. Diezel , 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: None August 24, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 A RESOLUTION TO AUTHORIZE AN APPLICATION FOR PROJECT MATCHING FUNDS UNDER THE VDOT REVENUE SHARING PROGRAM FOR THE PRINCESS ANNE ROAD/KEMPSVILLE ROAD INTERSECTION IMPROVEMENTS PROJECT WHEREAS, the City of Virginia Beach desires to submit an application for an allocation of funds of up to $1,000,000 through the Virginia Department of Transportation (VDOT) Fiscal Year 2010-11 Revenue Sharing Program; and WHEREAS, up to $1,000,000 of VDOT funds are requested to fund improvements as described in CIP #2-048, Princess Anne Road/Kempsville Road Intersection Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1. The City Council hereby supports the application for an allocation of up to $1,000,000 through the VDOT Revenue Sharing Program to CIP #2-048, Princess Anne Road/Kempsville Road Intersection Improvements; and 2. The City Manager is hereby authorized to execute on behalf of the City of Virginia Beach all necessary agreements for project development and construction. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of August , 2010. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: 1' ( V ~ Management Services ~ ~~ Dep ment of Public Works APPROVED AS TO LEGAL SUFFICIENCY: City Att y s Office CA11586 R-2 August 11, 2010 z,r'~'' , ~ ~ { ~N 'u`, ``-° :: ~`~ ''~~l 1 Lii' f~,a~~ ;{a~~~` ~Q~ a0 ~ ~s ; ~~ i~ ~ 4~~~ ~ -Q ~ ~ ~°~--~_ ~` ,~~ ~~~t~ _~.~ _,~ ~ ~ ~ ~==.m`°~~..w..~ ~ ~~L7 `~`~~'~ LOCATION MAP ~~ ~ ~`~ PRINCESS ANNE ROAD-KEMPSVILLE ROAD ~ 4 ! °~~%~ INTERSECTION IMPROVEMENTS ~ Q=~ ~ ~,o ~~, ~~' ~7 C I P 2-048 a~ ~ ~~~_..r ~ . . o ~-.~,.~ ,~ ~ ot k 4 `, ~ 250 500 1,000 ~'~~~~~~ ~~" ~` `~°`-~i~ o L . (~ ~ o ~; q :. ~ C3 ~ Feet~ ~ ~ t 4~r~ t , ~ ~ ~ ~ ~' f t"""'~-_~ -~1 ~ i i ~ _ ~ r o ~, ; ~ared by P.W./Eng./Eng. Support Services Bureau 2/23/06 X:\ProjectsWRC FilesWgenda Maps\PA Kempsville -33- Item V-J. S. a. b.c. ORDINANCES/RESOL UTIONS ITEM # 6023 7 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinances to ACCEPT and APPROPRIATE: a. funds from the General Fund for two five (5) year interest free loans: (1) $100, 000 to the Sandbridge Rescue and Fire, Inc. re the purchase of a replacement ambulance (2) $62, 000 to the Kempsville Rescue Squad, Inc. re the purchase of a replacement ambulance b. $98,571 from the U.S. Department of Homeland Security to the FY 2010-11 Fire Department Operating Budget re the purchase of tactical rescue equipment and related training associated with the Tidewater Regional Technical Rescue Team c. $75, 874 from Opportunity Inc. to the FY 2010-11 Department of Human Resources Operating Budget to fund the 2010 Summer Youth Work Experience Program Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph , Harry E. Diezel , 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: None August 24, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE AN INTEREST-FREE LOAN TO SANDBRIDGE RESCUE AND FIRE, INC., FOR THE PURCHASE OF A REPLACEMENT AMBULANCE WHEREAS, Sandbridge Rescue and Fire, Inc., has raised $50,000 through fund raising initiatives for the purchase of a replacement ambulance with estimated cost of $150,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $100,000 is hereby appropriated from the fund balance of the General Fund for an interest-free loan to Sandbridge Rescue and Fire, Inc., for the purchase of a replacement ambulance, contingent upon execution of the attached agreement; and 2. This loan is to be repaid by Sandbridge Rescue and Fire, Inc., over five (5) years, pursuant to the terms of the attached promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of August ,2010 Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content ~ ~~Q -~~. Management Services Approved as to Legal Sufficiency ey s O ice CA11575 R-2 July 22, 2010 Agreement Between the City of Virginia Beach and the Sandbridge Rescue and Fire Incorporated THIS AGREEMENT is made and entered into this day of , 2010, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and SANDBRIDGE RESCUE AND FIRE, INCORPORATED, d/b/a/ the Sandbridge Volunteer Rescue Squad ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of 1 Automotive Services, so long as the vehicle remains a CITY-insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request for extension shall be made to the EMS Chief no less than 30 days prior to the payment due date. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. ATTEST: City Clerk APPROVED AS TO CONTENT: CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager SANDBRIDGE RESCUE AND FIRE,INC. By: Title: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach Management Services City Attorney's Office Virginia Beach Risk Management Virginia Beach EMS Chief 3 PROMISSORY NOTE $100,000 Virginia Beach, Virginia August 24, 2010 FOR VALUE RECEIVED, SANDBRIDGE RESCUE AND FIRE, INC, d/b/a the Sandbridge Volunteer Rescue Squad, ("Maker"), promises to pay, without offset, to the order of the CITY OF VIRGINIA BEACH, VIRGINIA, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of ONE HiJNDRED THOUSAND DOLLARS ($100,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before October 1, 2011 -$20,000 On or before October l, 2012 -$20,000 On or before October 1, 2013 -$20,000 On or before October 1, 2014 -$20,000 On or before October l, 2015 -$20,000 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). SANDBRIDGE RESCUE AND FIRE, INC. (SEAL) By: , Name Title #~%? " ~~ ..__ Sandbridge Volunteer Rescu~ Squad 305 Sandbridge Road • Virginia Cieach, Virginia ~3456 January 12, 2010 Chief Bruce Edwards Department of EMS City of Virginia Beach Dear Chief Edwards: The following information is provided to support the Sandbridge Volunteer Rescue Squad's request for a no-interest loan to replace one of our ambulances: o Ambulance to be Replaced: Unit 1721 is a 1999 Ford/Horton model with 175,000 miles. Estimated mileage at replacement in the second quarter of 2011 wiil be welt over 200,000 miles. Estimated trade-in value is $5,000 to $10,000. o Estimated Cost of Replacement: Current estimates for a new ambulance is approximately $150,000. This does not include the City's minimal cost of moving the radios, Mobil Data Terminal, and antennas from the old to the new ambulance. o Loan Amount: Given the City's current budgetary problems we are asking for a$100,000, no-interest loan to be repaid in four or five annual payments. o Justification: 00 1721 has been in service for over 10 years and will have amassed over 200,000 miles when retired from service next year. As is the case with older ambulances, it experienced increased maintenance costs and down-time last year. 0o This increased down-time has adversely impacted our ability to sup~or; specia! fu~ctions, accampiish en~-~#-shift t~rrovers v~ithoat gaps in coverage, and maintaining one ambulance in-station to respond to calls in Sandbridge with off duty personnel. ~ Sincerely, .~ ~ ~~ ~~~ ^ ^ red W. reene r. ' ~ President , , Sandbridge Volunteer Rescue Squad ~~ ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE AN INTEREST-FREE LOAN TO THE KEMPSVILLE RESCUE SQUAD, INCORPORATED, FOR THE PURCHASE OF A REPLACEMENT AMBULANCE WHEREAS, the Kempsville Rescue Squad, Inc., has been awarded a Rescue Squad Assistance Fund grant of $65,083 from the Virginia Department of Health Office of Emergency Medical Services for the purchase of a replacement ambulance with estimated cost of $140,000; and WHEREAS, the Kempsville Volunteer Rescue Squad will utilize approximately $13,000 of fund drive funding for the remaining cost. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $62,000 is hereby appropriated from the fund balance of the General Fund for an interest-free loan to the Kempsville Rescue Squad, Inc., for the purchase of a replacement ambulance, contingent upon execution of the attached agreement; and 2. This loan is to be repaid by Kempsville Rescue Squad, Inc., over five (5) years, pursuant to the terms of the attached promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the ~atr, day of August , 2010. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content ~ .w. `~~~~ 4 , _ ~, /(-. ~ i-~..cc3`L , r f , ~ anager~ent'Services Approved as to Legal Sufficiency ' ~~ y- torney's Office CA11574 R-3 July 22, 2010 Agreement Between the City of Virginia Beach and the Kempsville Rescue Squad Incorporated THIS AGREEMENT is made and entered into this day of , 2010, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the KEMPSVILLE RESCUE SQUAD INCORPORATED, d/b/a/ Kempsville Volunteer Rescue Squad ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of 1 Automotive Services, so long as the vehicle remains a CITY-insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request for extension shall be made to the EMS Chief no less than 30 days prior to the payment due date. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. ATTEST: City Clerk APPROVED AS TO CONTENT: CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager KEMPSVILLE RESCUE SQUAD, INC. By: T~tle: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach Management Services City Attorney's Office Virginia Beach Risk Management Virginia Beach EMS Chief 3 PROMISSORY NOTE $62,000 Virginia Beach, Virginia Au~ust 24, 2010 FOR VALUE RECEIVED, KEMPSVILLE RESCUE SQUAD, INC, d/b/a Kempsville Volunteer Rescue Squad, ("Maker"), promises to pay, without offset, to the order of the CITY OF VIRGINIA BEACH, VIRGINIA, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of SIXTY TWO THOUSAND DOLLARS ($62,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before October l, 2011 -$12,400 On or before October 1, 2012 -$12,400 On or before October 1, 2013 -$12,400 On or before October 1, 2014 -$12,400 On or before October 1, 2015 -$12,400 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). KEMPSVILLE RESCUE SQUAD, INC. By: , Name (SEAL) Title KEMPS~/IL.LE RESCUE SQUAD INC. P.O. BOX 62345 • VIRGINIA BEACH, VA. 23466 75T-340-ICVRS • www.kvrs.org May 25, 2010 Chief Bruce W. Edwards Virginia Beach Department of EMS 477 Viking Drive, Suite 130 Virginia Beach, VA 23452 Dear Chief Edwards, I'm writing on behalf of the Kempsville Volunteer Rescue Squad to request a No-Interest Loan from the City of Virginia Beach. The loan will be used for the purchase of a new ambulance for our squad. This new ambulance will replace Unit 925 which is a 20U2 model ambulance with over 200,000 miles on it. V1%e hope to have the new unit in service by the end ofthis summer. We request a loan for Sixt}~-Two Thousand dollars, which we would like to repay in five annual installments. The requested amount is based on the following~ Estimated price of ne~v ambulance $130,OOO.UO Equipment & supplies for new unit Approximately $10,000.~U Tota! cost $140,OOO.UO State RS~F Grant $65,083.00 Squad contribution to down payment, $13,000.00 equipment & supplies Balance Approximately $61,917.00 On January 1, 2010 we were awarded a State RSAF Grant of $65,U83.00 to apply to the purchase of the new ambulance. Currently, Kempsville Volunteer Rescue Squad has Lv~o loans with the city: • Loan # 1 has an annual payment of $15,400.00 due June 151 each year through 2013 with 3 payments remaining. • Loan # 2 has an annual payment of $1 ~,ZOU.UU due October l 5i each year through 2014 with 5 payments remaining. If you need any further information please let me know. Thank you for your consideration of our request. Sincerely, I ~y~'~~t,v~ im Brewer, Vice-President ~ Phone 435-040~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE DEPARTMENT OF HOMELAND SECURITY TO THE FY 2010-11 OPERATING BUDGET OF THE FIRE DEPARTMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $98,571 is hereby accepted from the U.S. Department of Homeland Security, through the Virginia Department of Emergency Management, and appropriated, with estimated federal revenues increased accordingly, to the FY 2010-11 Operating Budget of the Fire Department for the purchase of tactical rescue equipment and related training associated with the Tidewater Regional Technical Rescue Team Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of Auqust , 2010. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content , ~ ! ~ ~,,.~) Management Services Approved as to Legal Sufficiency l City Att ey's Office CA11573 R-2 July 21, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS TO THE FY 2010-11 OPERATING BUDGET OF THE DEPARTMENT OF HUMAN RESOURCES FROM OPPORTUNITY INCORPORATED OF HAMPTON ROADS WHEREAS, the City of Virginia Beach desires to provide a summer youth jobs program for up to 45 youth, ages 16 to 24 years, for six weeks during 2010; and WHEREAS, the cost of such program would be funded through money received by the City of Virginia Beach from Opportunity Incorporated of Hampton Roads (Opportunity Inc.) as part of the American Recovery and Reinvestment Act (ARRA). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $75,874 is hereby accepted from Opportunity Inc. and appropriated, with federal revenue increased accordingly, to the FY 2010-11 Operating Budget of the Department of Human Resources to fund the 2010 Summer Youth Work Experience Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of Auctust .2010. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: ~` ~ ~ Management Services Approved as to Legal Sufficiency: ____- C ey's Office CA11584 R-2 August 5, 2010 -34- Item V-J.6. ORDINANCES/RESOL UTIONS ITEM # 60238 ADDED: Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Resolution PROTESTING the proposed closure of United States Joint Forces Command (JFCOM) and REQUESTING the Virginia Congressional Delegation and Governor McDonnell take whatever actions are necessary to maintain JFCOM'S presence in Hampton Roads Voting.• 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph , Harry E. Diezel , 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: None August 24, 2010 REQUESTED BY MAYOR SESSOMS 1 A RESOLUTION PROTESTING THE PROPOSED 2 CLOSURE OF UNITED STATES JOINT FORCES 3 COMMAND (JFCOM) AND REQUESTING THE VIRGINIA 4 CONGRESSIONAL DELEGATION AND GOVERNOR 5 MCDONNELL TO TAKE WHATEVER ACTIONS ARE 6 NECESSARY TO MAINTAIN JFCOM'S PRESENCE IN 7 HAMPTON ROADS 8 9 WHEREAS, the mission of JFCOM is to provide ready capable joint forces to 10 support the development and integration of joint, interagency, and multi-national 11 capabilities to meet the present and future operational needs of the military, as well as 12 to anticipate and prepare for the future demands of the National Defense Strategy; and 13 14 WHEREAS, JFCOM currently employs between Norfolk, Suffolk and elsewhere, 15 over 6,324 people including 5600 in Hampton Roads; and 16 17 WHEREAS, JFCOM has an operating budget of $704 million; and 18 19 WHEREAS, the Defense Business Board, a Pentagon Advisory Board, 20 presented a report making many recommendations including the need to address 21 unsustainable trends associated with military entitlements, the reduction of the number 22 of military personnel serving in commercial non-government activities, the elimination of 23 uniformed personnel serving in governmental activities that should be occupied by 24 Department of Defense (DOD) civilian employees, and most importantly, reduction of 25 the number and size of Combatant Commands beginning with the elimination of JFCOM 26 and streamlining other commands and Operational Services Division (OSD) regulations; 27 and 28 29 WHEREAS, the Defense Business Board Report also stated a need to do more 30 in-depth study which has not been done on the JFCOM issue; and 31 32 WHEREAS, Secretary of Defense Gates on August 9, 2010 officially 33 recommended that JFCOM be closed; and 34 35 WHEREAS, the closure of JFCOM would have an immediate and continuing 36 severe detrimental effect on the military's ability to jointly address threats to national 37 security and would greatly weaken the effectiveness and efficiency of the individual 38 uniformed services to function as one cohesive and joint military force to counter, 39 among other things, worldwide terrorism; and 40 41 WHEREAS, the existence and location of JFCOM played the definitive role in the 42 establishment and continuation of the North Atlantic Treaty Organization's (NATO's) 43 Supreme Allied Command - Transformation (SAC-T) component, as the only United 44 States based NATO command, co-located adjacent to JFCOM headquarters, the impact 45 of which is not included in the over $700 million impact mentioned above; and 46 47 WHEREAS, if JFCOM is closed the continued operation of NATO's SAC-T 48 command in the Hampton Roads region may also well be placed at risk. 49 50 NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF 51 VIRGINIA BEACH, VIRGINIA THAT: 52 53 The Congressional Delegation and State Government are urgently requested to 54 do all things necessary to maintain the current level of JFCOM activities; and 55 56 BE IT FURTHER RESOLVED THAT: 57 58 Maintaining JFCOM activities at the current level will be not only beneficial for the 59 economy of Hampton Roads and the Commonwealth but also critical to support our 60 military men and women who are now fighting wars on two different fronts, while also 61 being called upon to, along with our allies, jointly address threats throughout the world; 62 and 63 64 WHEREAS, the proposed closure of JFCOM is being done without any regard for 65 Federal Law, particularly Title 10 of the U.S. Code, § 2687 which was established to 66 ensure that Congress has sufficient time and opportunity to review the DOD proposal 67 that resulted in the closure realignment of significant military facilities which JFCOM 68 surely is; and 69 70 BE IT FURTHER RESOLVED THAT: 71 72 The proposed closure of JFCOM should be undertaken either as part of a base 73 realignment and closure process as established by Congress or, alternatively, within the 74 strict intent and impact of 10 U.S.C. 2687; and 75 76 BE IT FURTHER RESOLVED THAT: 77 78 The Hampton Roads Region is united in this effort to maintain JFCOM and the 79 preparedness of our military. Adopted by the Council of the City of Virginia Beach this 24th day of Auaust .2010. APPROVED AS TO LEGAL SUFFICIENCY: s~ ~ ity o ney's Office CA11597 R-1 August 20, 2010 -35- Item v K. PLANNING ITEM # 60239 1. THOMAS and JACQUELINE RICHARDS 2. EDWARD and JEANSNYDER 3. ADOLPHO MARTINEZ CONDITIDNAL USE PERMIT CONDIITIONAL USE PERMIT CONDITIONAL IISE PERMIT August 24, 2010 -36- Itern V-K. PLANNING ITEM # 60240 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in ONE MOTION Items l, 2, and 3(ALLOWED WITHDRAWAL) of the PLANNING BY CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph , Harry E. Diezel , 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: None August 24, 2010 -37- Ite~n V-K.1. PLANNING ITEM # 60241 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, ADOPTED an Ordinance upon application of THOMAS and JACQUELINE RICHARDS for a Conditional Use Permit re a residential kennel at 1112 Harlwood Avenue. (DISTRICT 5- LYNNHAVEN) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of THOMAS and JACQUELINE RICHARDS for a Conditional Use Permit re a residential kennel at 1112 Hartwood Avenue; GPIN.• #1498949971000 (DISTRICT S - LYNNHAVEN) R081037434 The following conditions shall be reguired: 1. Within thirry (30) days of Ciry Council approval of this Use Permit, the applicant shall provide to the Zoning Administrator evidence that the dogs are properly immunized and licensed with the City of Virginia Beach. 2. No more than six (6) adult dogs (over six (6) months of age) shall be kept on the property at any time. At the time when the number of dogs kept on the property has been reduced to four (4) through death, change in ownership or any other means, this Use Permit shall terminate and the number of dogs (over six (6) months of age) shall not exceed four (4). 3. No breeding, grooming, or boarding of any other dogs for monetary or non-monetary purposes shall be permitted. 4. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. S. Except for the hours between 10: 00 A.M. and dusk, the dogs shall be kept within the single- family dwelling located on-site. During the10: 00 A.M.to dusk time period, the dogs may be allowed in the rear yard, provided an adult is present in the rear yard with the dogs. 6. Between dusk and 10: 00 A.M., one dog at a time, supervised by an adult, may be allowed in the rear yard for one fifteen (1 S) minute period. 7. Upon one (1) year from the date of approval of this Use Permit, the Zoning Administrator shall administratively review the Conditional Use Permit. If, at such time, the Zoning Administrator determines that the Residential Kennel needs additional consideration, based on complaints, etc., the Conditional Use Permit will be referred back to the Planning Commission and City Council. In the event that no valid complaints have been made, the Conditional Use Permit shall remain in effect. 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 Twenty fourth of August, Two Thousand Ten August 24, 2010 -38- Item V-K.1. PLANNING ITEM # 60240 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel , 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.• None August 24, 2010 -39- Item V-K.2. PLANNING ITEM # 60241 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, ADOPTED an Ordinance upon application of EDWARD and JEAN SNYDER for a Conditional Use Permit re an addition to an existing boat dock with boat lift to create a non-commercial (communiry) pier/dock at 1057 and 1061 Bobolink Drive. (DISTRICT S- LYNNHA VEN) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of EDWARD and JEAN SNYDER for a Conditional Use Permit re an addition to an existing boat dock with boat lift to create a non-commercial (community) pier/dock at 1057 and 1061 Bobolink Drive; GPIN #24181543720000; #24181522840000 (DISTRICT S - LYNNHAVEN) R081037435 The following conditions shall be required: 1. Permits shall be secured from all appropriate regulatory agencies through the Joint Permit Application process prior to any development, construction or expansion of the pier. 2. The pier and ramp shall be substantially constructed as depicted on the plan entitled "PROPOSED PIER AND RAMP IN GREAT NECK CREEK AT 1057/1061 BOBOLINK DR. UIRGINIA BEACH, VA 23451 SHEET 1-S of 5" prepared by Waterfront Consulting Inc., dated November 12, 2009, or as modified, as required by the Joint Permit Application Permit. 3. The use of the non-commercial, community boat dock shall be limited to the private use of Lots 228 (1061 Bobolink Drive) and 229 (1057 Bobolink Drive) in Birdneck Point identified in Condition #1 above. 4. No commercial use of the dock shall be permitted. S. There shall be no on-site storage or dispensing of petroleum products from this properry. 6. The property, identified in Conditions 2 and 3 above, shall be maintained and kept free of debris and trash at all times. 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 Twenty fourth of August, Two Thousand Ten August 24, 2010 -40- Item v K 2. PLANNING ITEM # 60241 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel , Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and .Iames L. Wood Council Members Voting Nay: None Council Members Absent: None August 24, 2010 -41 - Item V-K.3. PLANNING ITEM # 60242 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, ALLOWED WITHDRAWAL, BY CONSENT, of an Ordinance upon application of ADOLFO MARTINEZ for a Conditional Use Permit re a skateboard ramp at 2008 Gadsby Court. (DISTRICT 1- CENTERVILLE) Ordinance upon application of ADOLFO MARTINEZ for a Conditional Use Permit re a skateboard ramp at 2008 Gadsby Court; GPIN: #14547764150000. (DISTRICT 1- CENTERVILLE) Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel , 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 Coztncil Members Voting Nay: None Coi~ncil Members Absent: None August 24, 2010 -42- Item L.1 APPOINTMENTS ITEM # 60243 BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS: HEALTH SERVICES ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINORITY B USINESS CO UNCIL August 24, 2010 - 43 - Items P. ADJOURNMENT ITEM # 60244 Mayor William D. Sessoms DECLARED the Ciry Council Meeting ADJOURNED at 6:19 P.M. ( ' !~.~ (~ ~ao ~ /,v ~ ---- ~=~~---------Y------ Beverly O. Hooks, CMC Chief Deputy Ciry Clerk - - - - ~:~~~----~-„ =`-'`~`-`"J uth Hodges Fraser, MMC City Clerk City of Virginia Beach, Virginia William D. Sessoms, Jr. Mayor August 24, 2010 - 43 - Items P. ADJOURNMENT ITEM # 60244 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:19 P.M. ~ ~/ ~-~.~~ Beverly O. Hooks, CMC Chief Deputy City Clerk - - -- -----~~ uth Hodges Fraser, MMC City Clerk City of Virginia Beach, Virginia -----1.~'~~ ------------ William D. Sessoms, Jr. Mayor August 24, 2010