HomeMy WebLinkAboutJUNE 14, 2011 MINUTESCITY COUNCIL
MAYOR WILLIAM D. SESSOMS, JR., At -Large
VICE. MAYOR LOUIS R. JONES, Bayside - District d
R17A SWL71IT BELLI7 ZO, At -large
GLENN R. DA VIS, Rose Hall - District 3
WILLIAM R. DeS77sPH, At -Large
HARRY E. DIEZE'L. Kempsville - District 2
ROBERTA4 DYER, Centerville - District l
BARBARA M. HENLEY, Princess Anne District 7
JOHN L: UHRIN, Beach District 6
ROSEMARY WILSON, At -Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER - JAMES K. SPORE
CITYA77ORNEY MARKD. STILES
CITY ASSESSOR -- JERALD D. BANAGAN
CITY AUDITOR-1.YNDON S. RF.MIAS
CITY CLERK - RU7 H HODGES FRASER, MMC
1.
II.
IV
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL BRIEFING
CITY COUNCIL AGENDA
14 JUNE 2011
- Conference Room -
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (75 7) 385-5669
E-MAIL: Ctycncl@vbgov.com
1. RESORT AREA COMMISSION and SUBCOMMITTEES — Organizational Structure
Preston Midgett, RAC Chair and Subcommittee Chairs
CITY COUNCIL LIAISON REPORTS
CITY COUNCIL COMMENTS
CITY COUNCIL AGENDA REVIEW
V. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
3:00 PM
3:45 PM
VI. FORMAL SESSION - City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Clarence McPherson, Pastor
Turning Point Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS
G. FORMAL SESSION AGENDA
H. CONSENT AGENDA
I. PRESENTATION
1. City of Virginia Beach State Parks 75th Anniversary
J. PUBLIC HEARING
1. SALE OF EXCESS PROPERTY
John B. Dey Elementary School
K. ORDINANCES/RESOLUTIONS
MAY 24, 2011
1. Resolution to AUTHORIZE the sale, of $90,000,000 in a series of General Obligation Public
Improvement Bonds, on June 22, 2011, (approved $62,900,000 by City Council May 12, 2009,
and $68,180,000 May 11, 2010)
2. Resolution to REQUEST the Beaches and Waterways Advisory Commission study Dredge
Spoils Removal and Transfer Stations with a report to City Council by December 2011
3. Resolution to RESUME preparation of a "Rolling" Biennial Budget beginning with the
FY2012-13 Budget process
4. Resolution to AUTHORIZE the 2012 Employee and Retiree Health Care Insurance Plans
which require no premium or contribution increases
5. Ordinance to DECLARE the former Pump Station site at John B. Dey Elementary School to be
EXCESS and AUTHORIZE the City Manager to EXECUTE the necessary documents to
convey it to the Virginia Beach School Board
6. Ordinances to:
a. AUTHORIZE and DIRECT the execution of "Addendum A" to the 2009
Intergovernmental Agreement with the Virginia Department of Agriculture and Consumer
Services re additional funding of $54,247.38 to purchase ARP easements
b. ACCEPT and APPROPRIATE an additional $54,247 to reimburse the ARP Special
Revenue fund in connection with acquisition of the Truman D. Baxter, Jr. property at 3457
Land of Promise Road (DISTRICT 7 — PRINCESS ANNE)
7. Ordinance to AUTHORIZE the City Manager to execute a non-binding Term Sheet with the
YMCA of South Hampton Roads re a Family Center and 50 -meter Competition Pool at Dam
Neck and Landstown Roads
Ordinance to APPROPRIATE an interest-free loan in the amount of $60,000 to the Kempsville
Volunteer Rescue Squad re a replacement ambulance
9. Ordinance to AUTHORIZE acquisition of property for rights-of-way and permanent drainage
easements, either by agreement or condemnation, for BEACH GARDEN PARK —
KILBOURNE COURT/HOLLY ROAD (deferred May 24, 2011)
10. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property:
a. TIMOTHY D. MOODY to maintain an existing fountain, construct and maintain an
irrigation line, sliding gate with keypad and landscape lighting conduit at Croatan Road and
Virginia Dare Drive (DISTRICT 6 — BEACH)
b. DENZIL and SUSAN POORE to maintain an existing bulkhead, boatlift and wood deck;
and construct and maintain a floating dock at 2313 Leeward Shore Drive (DISTRICT 5 —
LYNNHAVEN)
c. E.L. CREECH, III to maintain an existing wood fence, shrubs and a timber planting bed at
103 50th Street (DISTRICT 5 — LYNNHAVEN)
d. ROTB, L.C. to erect and maintain overhead light strings at 615 Atlantic Avenue (DISTRICT
6 — BEACH)
11. Ordinances to ACCEPT, APPROPRIATE and TRANSFER:
a. $75,000 to the Clerk of the Circuit Court's FY 2010-11 and FY 2011-12 Budgets to fund
the Court's electronic recording system maintenance contract
b. $152,000 from the Department of Criminal Justice to the Police for equipment to prevent and
respond to potential terrorist acts
c. $126,230 within CIP accounts for the Fire Training Center improvements, Phase III
d. $13,000 from the FY2010-11 Public Libraries for renovations to the Leroy Drive Records
Storage facility
L. PLANNING
1. Applications of OCEAN BREEZE HOLDINGS LLC at 849 General Booth Boulevard
(DISTRICT 6 — BEACH)
a. Conditional Change of Zoning from P-1 Preservation to Conditional B-2 Community
Business
b. Conditional Use Permit re outdoor water park
RECOMMENDATION
APPROVAL
2. Application of EASY DOES IT RIDING ACADEMY, INC./MALINDA SCOTT for a
Conditional Use Permit re a riding academy and horse boarding at 3581 Muddy Creek Road
(DISTRICT 7 — PRINCESS ANNE)
RECOMMENDATION
APPROVAL
3. Application of CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance (CZO)
Sections 103 and 106 re notice to property owners of certain decisions
RECOMMENDATION
M. APPOINTMENTS
ARTS and HUMANITIES COMMISSION
BAYFRONT ADVISORY COMMITTEE
BEACHES and WATERWAYS COMMISSION
BIKEWAYS and TRAILS ADVISORY COMMITTEE
CHESAPEAKE BAY ALCOHOL SAFETY ACTIONS PROGRAM
COMMUNITY SERVICES BOARD
EASTERN VIRGINIA MEDICAL SCHOOL
HAMPTON ROADS PLANNING DISTRICT COMMISSION
HISTORICAL REVIEW BOARD
APPROVAL
HUMAN RIGHTS COMMISSION
PROCESS IMPROVEMENT STEERING COMMITTEE
TIDEWATER COMMUNITY COLLEGE BOARD
TRANSPOiRTATION DISTRICT COMMISSION OF HAMPTON ROADS
TOWING ADVISORY BOARD
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
PUBLIC COMMENT
Non -Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
NATIONAL NIGHT OUT
OCTOBER 4, 2011
-1 -
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 14, 2011
Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL BRIEFING re the RESORT
AREA COMMISION and SUBCOMMITTEES in the City Council Conference Room, Tuesday, June
14, 2011, at 3: 00 P.M.
Council Members Present:
Rita Sweet Bellitto, Glenn R. Davis, 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 Absent:
William R. "Bill " DeSteph [Out of the Country on business
June 6 — 22, 2011]
Rosemary Wilson [Family Holiday in Portugal
June 9 —19, 2011]
June 14, 2011
-2 -
CITY COUNCIL BRIEFING
RESORT AREA COMMISSION and SUBCOMMITTEES
ITEM # 60976
3:00 P.M.
Preston Midgett, Chair, Resort Area Commission — RAC, advised Councilman Uhrin suggested the RAC
make a formal presentation to City Council in order to acquaint them with the members and their
successes. Copies of the presentation were distributed
Chairman Midgett advised RAC has reviewed the Virginia Beach City Council's Goals. The fifth Goal
has become apart of their Mission Statement:
5. Be a competitive, First -Class Resort for residents, businesses and tourists.
On April 2, 1984, City Council ADOPTED a Resolution which established and appointed the Resort
Area Advisory Commission (RAAC), the general purpose which was to make recommendations and
proposals to City Council regarding the enhancements of the Resort Area.
Over the past two decades, the Commission has provided service to the City in the areas of urban
planning, land use, design and transportation.
During their initial term, they created a vision and supported the implementation of Resort streetscape
improvements.
The Resort Area Advisory Commission (RAAC), conceived the Tourism Growth Investment Fund
(TGIF) which has provided a source of funding for Resort projects, such as the continuation of the Resort
streetscape project Resort area parking improvements, the Virginia Aquarium, the Hurricane Protection
Project, and the City's share of the TPC Golf Course.
Volunteers, serving on the RAC and its six subcommittees, contributed over 580 Volunteer hours of their
time in 2010.
Ken Taylor, Chair, introduced the Resort Investment Committee,
Billy Almond,
Kenneth C. Taylor
Chuck Cayton
James Davis
Laura Habr
Sylvia Nery-Strickland
Gerrie West
*unable to be in attendance
* *— substituting for Sylvia Nery-Strickland
Chair — Planning Design Review Committee,
Chair- Resort Investment Committee
Transportation Parking Pedestrian Committee
Chair — Oceanfront Enhancement Committee
Chair — G.R.E.E.N Committee
Chair —Communications Committee*
Vice Chair * *
Kenneth C. Taylor, Chair- Resort Investment Committee, which functions basically as the Executive
Committee for the Resort Advisory Commission. This Committee works in conjunction with the Resort
Community to idents projects for development and investment. Future funding sources are identified to
"get projects off the ground", while building consensus for the projects in the Resort Community,
monitoring the sustainability of these projects and funding sources to ensure continuance of improvement
and development in the Resort.
June 14. 2011
-3 -
CITY COUNCIL BRIEFING
RESORT AREA COMMISSION and SUBCOMMITTEES
ITEM # 60976 (Continued)
The Resort Investment Committee is comprised of the Committee Chairs of all Resort Area
Commission's Subcommittees, City Staff and Councilman John Uhrin. Councilman Uhrin attends every
monthly Subcommittee Meeting of the RAC.
Billy Almond, Chair — Planning Design Review Committee, advised the Mission:
The Mission of the Resort Advisory Commission's Planning and
Design Review Sub -committee is to improve the quality of design and
development of the built environment for the beach community, in
service to the Resort Advisory Commission and the citizens of Virginia
Beach
Planning Design Review Committee (PDRC)
Planning Design Review Committee (PDRC)
Inno 14 N)71
-4 -
CITY COUNCIL BRIEFING
RESORT AREA COMMISSION and SUBCOMMITTEES
ITEM # 60976 (Continued)
Planning Design Review Committee (PDRC)
Mr. Almond advised the Planning Design Review Committee Members are the "protectors " of public
open space at the Resort: Boardwalk greenbelt, connector parks, Atlantic Avenue streetscape.
What we have reviewed this year:
June 14, 2011
-5 -
CITY COUNCIL BRIEFING
RESORT AREA COMMISSION and SUBCOMMITTEES
ITEM # 60976 (Continued)
Where we would like to be:
1. PDRC wishes to continue to advise on design issues for all commercial, municipal, multi-
family Resort area projects
2. PDRC wishes to be considered as a fundamental step in economic development projects at the
Resort
3. PDRC wishes to become the Liaison with the Resort community regarding the RSAC and
Form Base Codes
4. PDRC wishes to continue as the "gatekeepers"for the Outdoor Cafe Program
Mr. Almond advised in order to be effective, the Committee needs to be "kept in the loop ".
Chuck Cayton, Transportation Parking Pedestrian Committee, advised:
The mission of the TPPC is to evaluate and provide recommendations
on the operations and development of facilities and programs that
improve the transportation, parking and pedestrian systems in the
Resort Area for visitors, residents and businesses. The TPPC will also
act as a sounding board for private and public initiatives and work to
achieve consensus before making recommendations to the RAC on any
issues.
Transportation Parking Pedestrian Committee (TPPC)
June 14, 2011
WIIE
CITY COUNCIL BRIEFING
RESORT AREA COMMISSION and SUBCOMMITTEES
ITEM # 60976 (Continued)
Transportation Parking Pedestrian Committee (TPPC) Accomplishments 2010
1. Provided input on Resort Area safety improvements
Signalization Upgrades to Pedestrian Signs
LED Street/Parking Lot Lights
2. Participate in HRT Service in the Resort Area
3. Participated on Laskin Road Gateway CAC
4. Participated Resort Area Strategic Action Plan elements
S. Participated in Virginia Beach Transit Extension Study
James Davis, Chair — Oceanfront Enhancement Committee advised
"The mission of the Oceanfront Enhancement Committee is to propose
to RAC new ideas and perspectives that foster the continued ongoing,
positive transformation of the Resort for locals and visitors. To that
end, we agree that both creating and managing first-class events,
programs, and aesthetics have been and will be successful at promoting
a secure, inviting, festive, economically vibrant and inclusive
atmosphere.
Oceanfront Enhancement Committee (OEC)
June 14, 2011
-7 -
CITY COUNCIL BRIEFING
RESORT AREA COMMISSION and SUBCOMMITTEES
ITEM # 60976 (Continued)
Passed Issues Addressed.
1. The impact of late night activity on neighborhoods inclose proximity tonight entertainment
from 15'h to 260 Streets
2. Socially inappropriate behavior of youth and its negative impact on the family friendly
environment at the Oceanfront
3. The behavior of some homeless individuals whose actions negatively impact businesses at
the 16`" St. Pier and on the Boardwalk near 17"h St
4. Aggressive panhandling and other anti -social behaviors of certain homeless individuals that
impact the visitor experience
S. Creating a "sense of arrival' to better prepare visitors for their fun experience at the Resort
Laura Habr, Chair — G.R.E.E.N Committee, (Green Resort Eco f iendly Efficient Neighbors) advised -
To
To foster GREEN and sustainable initiatives in all aspects of Virginia
Beach tourism and hospitality as we continue to thrive as a certified
Virginia Green Destination for leisure and convention travelers.
G.R.E.E.N.
Vrgmia Beach Green Team
Members
June 14, 2011
CITY COUNCIL BRIEFING
RESORT AREA COMMISSION and SUBCOMMITTEES
ITEM # 60976 (Continued)
What we do:
• Promote and recruit Virginia Green restaurants, hotels, events, attractions and hospitality
partners. The binding core activity is recycling
• Recycling request for a comprehensive year-round recycling program in the Resort
• Public relations — positive publicity within THE hospitality industry, the VBCC the first Gold
LEED E.B. facility, certified Virginia Green partner, promote VA Aquarium's Sensible
Seafood program with restaurants
• Communication - educating industry and consumers about Hospitality Sustainability Forum
2011 held at the VBCC, displaying VA Green decals
• Advocacy —promoting renewable energy
• Projects — Recycling in the Resort, Public Swimming Pool Code — reducing energy for hotel
pools and condos; Restaurant Composting Pilot Program partnered with Virginia Aquarium
and Virginia Green partners made possible through an EPA grant; Explored Rickshaw/pedi-
cab service in the resort, Go Green Challenge for all RAC committees to utilize their talents
and contacts to do one green thing in their committee. All events that get cityfunds are
required to be Virginia Green -recycling required
Progress
• In 2008, Virginia Beach's hospitality industry became the first Virginia Green Destination in
the Commonwealth with 30 Green business partners —a Commending Resolution was
presented to the Virginia Beach Green team, currently RAC G.R.E.E.N. Committee
• Today, Virginia Beach has 118 Virginia Green businesses, including the Virginia Beach
Convention Center
• Commonwealth of Virginia has 925 Virginia Green businesses
• Beach Waste Audits 2010
June 14, 2011
CITY COUNCIL BRIEFING
RESORT AREA COMMISSION and SUBCOMMITTEES
ITEM # 60976 (Continued)
A Resort Success Story
• Old Beach Farmers Market all -volunteer -based launched in Croc's parking lot 19'h St. May 2008
as Virginia Green event
• 2010 record number of locals and visitors every Saturday May -September with Fall and Holiday
markets
• 2011 marks 4'h season
• Over 7,500 email, Facebook and Twitter followers
• Over 2 dozen farmers, watermen, restaurants and vendors from our local food and water shed
within a 150 mile radius of Virginia Beach
Gerrie West, Vice Chair, Resort Communications Committee, substituted for Sylvia Nery-Strickland
Chair, who was unable to attend.
Mission Statement
To assist the Resort Advisory Committee in building support for its
strategic planning initiatives and communicating positive economic
impact of tourism to the local community.
Members
Sylvia Nery-Strickland, Community Activist, US Govt. RET, Artist/ Designer, Former Mediator
Michael Cloud -Butler, Community Activist, Artist, Master Carpenter, Actor
Kay Gault, Civic League (leave of absence)
Luis Rivera, Community Activist, Keller William Real Estate, Former Television Reporter
Preston Midgett, Jungle Golf
Courtney Mann, Social Media and Online Analyst at Vivre Medical, Inc.
Cheri and Lance Shores, Owners of Citrus Restaurant
CITY STAFF
Pain Lingle, Convention and Visitors Bureau
Mike Eason, SGA/Resort Management
Amy Persons, SGA/Resort Management/Recorder
Accomplishments
A link was placed on the vbgov.com home page which takes the website visitor directly to an interactive
list of all Resort Area projects
Twelve Resort Area projects are listed on the Projects home page. Each project has its own page with the
project manager contact information
The Committee consulted on the Gift of Tourism project and reviewed the final presentation
The Commission's goal shall be to support the City Council's efforts to realize its vision of Virginia Beach
as a "Quality Resort Destination "
June 14, 2011
-10 -
CITY COUNCIL LIAISON REPORTS
3:26 P.M.
ITEM # 60977
Councilman Dyer, expressed appreciation to the Clean Community Commission. Two weeks ago, June
Fourth, at Great Neck Park, a Picnic was held in recognition of Clean the Bay Day 2011 dedicated
Volunteers (Noon — 3:00 P.M.). Mayor Sessoms spoke as did Sandy Bodenhamer, Staff to Senator Mark
Warner ( who presented a letter from the Senator).
ITEM # 60978
At vear's end, Councilman Diezel will present a financial report for operation of the City's Golf Courses.
ITEM # 60979
Councilman Davis, advised last week, the Minority Business Council Retreat was conducted on June 10,
2011, at the Virginia Beach Convention Center. This was a great Retreat and very well attended.
Councilman Davis expressed appreciation to Delegate Ron Villanueva for his assistance re adoption of
laws concerning construction project bonds by contractors.
June 14, 2011
-11 -
CITY COUNCIL COMMENTS
3:28 P.M.
ITEM # 60980
Council Lady Henley advised yesterday, June 13, 2011, the Senior Resource Center hosted a
presentation by Ginny Riddick, Manager of the Medical Needs Registry, a project by the HRPDC
(Hampton Roads Planning District Commission). This Registry is an emergency preparedness tool.
This is voluntary, but this tool can be utilized for any type of emergency requiring evacuation or
requiring additional information concerning an individual Even though this Registry is managed as a
regional Registry, each local emergency service is able to contact the individual who has these special
needs.
Council Lady Henley advised she attended the exercise last week with the new shelter, which will address
special needs of those of all ages. A great website has been established: www. hrspecialneeds.orQ
ITEM # 60981
Council Lady Bellitto advised this was her last meeting and last chance to make comments. Council Lady
Bellitto read her letter to City Council:
"June 14, 2011
Honorable Mayor
City Council Members
Dear Colleagues:
There is much business that I will leave unfinished as I depart in a few days. However, there is one action
that I strongly suggest you consider in the coming weeks. When I was appointed by you to Council last
year, 1 had hoped to assist in improving relations between our City Council and our School Board.
Unfortunately, those relations have deteriorated even further over the last eighteen months. I believe that
the closing out of the current fiscal year's finances offers an opportunity for this Council to make a
gesture of conciliation that would be well received by our School Board.
The current fiscal year is expected to close with unexpended funds on the City's side in the neighborhood
of $20 -Million. I am suggesting that Council appropriate an amount on the order of $S -Million from
those funds to the School's CIP. This could be a welcomed step as the two bodies begin the Summer's
discussions regarding the School's revenue sharing formula.
It is time that both this Council and our School Board move forward and re focus on improving our
community and our students' education. I believe that this suggestion action, in further funding School's
CIP, would be a step in the right direction.
Thank you for your consideration of this action which is very important to me and to our City.
Sincerely,
S/
Rita Sweet Bellitto "
June 14, 2011
-12 -
MAYOR'S COMMENTS
ITEM # 60982
Mayor Sessoms advised having the honor of receiving for the City a beautiful plaque for the City:
"This piece of living history from the South Tower of the World Trade
Center is presented to the City of Virginia Beach on behalf of the men
and women of Naval Special Warfare Development Group for your
support and generous contributions to the NSWDG Memorial. "
Mayor Sessoms ACCEPTED with great pride, not only for the City Council, but for the citizens of
Virginia Beach. This plaque will be installed at City Hall (never to be moved).
June 14, 2011
-13 -
AGENDA RE VIEW SESSION
3:33 P.M.
ITEM # 60983
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
K. ORDINANCES/RESOLUTIONS
1. Resolution to AUTHORIZE the sale, of $90, 000, 000 in a series of General Obligation
Public Improvement Bonds, on June 22, 2011, (approved $62,900, 000 by City Council
May 12, 2009, and $68,180, 000 May 11, 2010)
2. Resolution to REQUEST the Beaches and Waterways Advisory Commission study
Dredge Spoils Removal and Transfer Stations with a report to City Council by
December 2011
3. Resolution to RESUME preparation of a "Rolling" Biennial Budget, beginning with
the FY2012-13 Budget process
4. Resolution to AUTHORIZE the 2012 Employee and Retiree Health Care Insurance
Plans which require no premium or contribution increases
5. Ordinance to DECLARE the former Pump Station site at John B. Dey Elementary School
to be EXCESS and A UTHORIZE the City Manager EXECUTE the necessary
documents to convey it to the Virginia Beach School Board
6. Ordinances to:
a. AUTHORIZE and DIRECT the execution of "Addendum A" to the 2009
Intergovernmental Agreement with the Virginia Department of Agriculture and
Consumer Services re additional funding of $54,24 7.38 to purchase ARP easements
b. ACCEPT and APPROPRIATE an additional $54,247 to reimburse the ARP Special
Revenue fund in connection with acquisition of the Truman D. Baxter, Jr. property
at 3457 Land of Promise Road (DISTRICT 7 - PRINCESS ANNE)
8. Ordinance to APPROPRIATE an interest-free loan in the amount of $60,000 to the
Kempsville Volunteer Rescue Squad re a replacement ambulance
9. Ordinance to AUTHORIZE acquisition of propertyfor rights-of-way and permanent
drainage easements, either by agreement or condemnation, for BEACH GARDEN
PARK -KILBOURNE COURT/HOLLY ROAD (deferred May 24, 2011)
10. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned
property:
a. TIMOTHY D. MOODY to maintain an existing fountain, construct and maintain an
irrigation line, sliding gate with keypad and landscape lighting conduit at Croatan
Road and Virginia Dare Drive (DISTRICT 6 - BEACH)
b.DENZIL and SUSAN POORE to maintain an existing bulkhead, boatlift and wood
deck; and construct and maintain a floating dock at 2313 Leeward Shore Drive
(DISTRICT 5 - LYNNHAVEN)
June 14, 2011
-14 -
AGENDA REVIEW SESSION
ITEM # 60983 (Continued)
c. E.L. CREECH, III to maintain an existing wood fence, shrubs and a timber planting
bed at 103 501" Street (DISTRICT 5 — LYNNHAVEN)
d.ROTB, L. C. to erect and maintain overhead light strings at 615 Atlantic Avenue
(DISTRICT 6 — BEACH)
11, Ordinances to ACCEPT, APPROPRIATE and TRANSFER:
a. $75, 000 to the Clerk of the Circuit Court's FY 2010-11 and FY 2011-12 Budgets to
fund the Court's electronic recording system maintenance contract
b. $152, 000 from the Department of Criminal Justice to the Police for equipment to
prevent and respond to potential terrorist acts
c. $126,230 within CIP accounts for the Fire Training Center improvements, Phase III
d. $13, 000 from the FY2010-11 Public Libraries for renovations to the Leroy Drive
Records Storage facility
Item K.2. Resolution to REQUEST the Beaches and Waterways Advisory Commission study Dredge
Spoils Removal and Transfer Stations with a report to City Council by Deem ei- ""' February 7,
2012, shall be DISCUSSED and VOTED UPON in the Formal Session
Item K3. Resolution to RESUME preparation of a "Rolling" Biennial Budget beginning with the
FY2012-13 Budget process shall be DEFERRED until July 12, 2011, BY CONSENT.
Item 10(c) Ordinance to AUTHORIZE temporary encroachments into portions of City -owned property:
E.L. CREECH, III, shall be DEFERRED INDEFINITELY, BY CONSENT.
Councilman Uhrin DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), re Item K 10 (d)
ROTE, L. C. to erect and maintain overhead light strings at 615 Atlantic Avenue. Councilman Uhrin is
executing this written disclosure regarding City Council's discussion and vote on an Ordinance to
approve an encroachment into the City -owned right-of-way at 71" Street, Chix Sea Grill and Bar, which is
located at 701 Atlantic Avenue, and he may realize a benefit or detriment as a result of City Council's
vote on this item. Councilman Uhrin has a personal interest in this transaction because he is an employee
of Burlage Management Corporation, which is located at 801 Atlantic Avenue. Chix Sea Grill and Bar is
an affiliate of Burlage Management Corporation. Councilman Uhrin wishes to disclose this interest and
abstain from voting on this matter. Councilman Uhrin's correspondence of May 17, 2011, is hereby
made apart of the record.
June 14, 2011
-15 -
AGENDA REVIEW SESSION
ITEM # 60984
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA:
L. PLANNING
1. Applications of OCEAN BREEZE HOLDINGS LLC at 849 General Booth Boulevard
(DISTRICT 6 — BEACH)
a. Conditional Chango Zoning from Rl Preservation to Conditional B-2
Community Business
b. Conditional Use Permit re outdoor water park
2. Application of EASY DOES IT RIDING ACADEMY, ING/MALINDA SCOTT for a
Conditional Use Permit re a riding academy and horse boarding at 3581 Muddy Creek
Road (DISTRICT 7 — PRINCESS ANNE)
3. Application of CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance
(CZO) Sections 103 and 106 re notice to property owners of certain decisions
June 14, 2011
SUE
ITEM # 60985
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 speck public officers, appointees or employees pursuant to Section
2.2-3711 (A)(1)
Council Appointments: Boards, Commissions, Committees,
Authorities, Agencies and Appointees
Evaluation of Council Appointees
Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council voted to proceed
into CLOSED SESSIONat 3:35 P.M.
Voting.• 8-0
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin and James L. Wood.
Council Members Voting Nay.-
None
ay:
None
Council Members Absent:
William R. "Bill" DeSteph
Harry E. Diezel
Rosemary Wilson
(Closed Session: 3:35 P.M. — 4:08 P.M.)
(Break.• 3:40 P.M. - 3:50 P.M.)
[Out of the Country on business
June 6 — 22, 2011]
[Family Holiday in Portugal
June 9 —19, 2011]
(RECEPTION IN HONOR OF COUNCIL LADY BELLITTO: 5:15 P.M. — 5:55 P.M. — ROOM 218,
CITY HALL)
June 14, 2011
-17 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
June 14, 2011
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, June 14, 2011, at 6: 00 P.M.
Council Members Present:
Rita Sweet Bellitto, Glenn R. Davis, 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 Absent:
William R. "Bill " DeSteph
Rosemary Wilson
INVOCATION: Vice Mayor Louis R. Jones
[Out of the Country on business
June 6 — 22, 2011]
[Family Holiday in Portugal
June 9 —19, 2011]
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
June 14, 2011
WE11
Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297
Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's
transactions. However, due to the size of TowneBank and the volume of transactions it handles,
TowneBank has an interest in numerous matters in which he is not personally involved and of which he
does not have personal knowledge. In that regard, he is always concerned about the appearance of
impropriety that might arise if he unknowingly participates in a matter before City Council in which
TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne
Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and
spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is his practice to
thoroughly review each City Council agenda to idents any matters in which he might have an actual or
potential conflict. If, during his review of an agenda, he identifies a matter in which he has a "personal
interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter
with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of
March 24, 2009, is hereby made apart of the record.
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a
"personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the
record.
June 14, 2011
Item — VE. I
CERTIFICATION
-19 -
ITEM # 60986
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, 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: 9-0
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, 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 Absent:
William R. "Bill" DeSteph and Rosemary Wilson
June 14, 2011
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 #60985, Page 16, and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
uth Hodges Fraser, MMC
City Clerk
June 14, 2011
Item V -F.1
-20 -
ITEM # 60987
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of May 24, 2011.
Voting: 9-0
Council Members Voting Aye.-
Rita
ye:
Rita Sweet Bellitto, Glenn R. Davis, 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 Absent:
William R. "Bill" DeSteph and Rosemary Wilson
June 14, 2011
-21 -
Item V -G.1.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 60988
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADDED to the
CONSENT AGENDA:
Ordinances re Compensation effective 7/1/11:
City Manager
City Attorney
City Auditor
City Assessor
City Clerk
Voting: 9-0
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, 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 Absent:
William R. "Bill" DeSteph and Rosemary Wilson
June 14, 2011
Item V L1.
PRESENTATION
-22 -
ITEM # 60989
Mayor Sessoms read into the record the Resolution honoring the Virginia Beach State Park's 75th
Anniversary (Co-sponsored by Council Lady Barbara Henley and Council Member James L. Wood:
The following were in attendance to accept the Resolution:
Bruce Widever — First Landing State Park
Kyle Barbour — False Cape State Park
WHEREAS, First Landing State Park (formerly Seashore State Park) is one of the original six Virginia
State Parks opened simultaneously on June 15, 1936, and False Cape State Park is a unique Maritime
Coastal Park that opened in 1980;
WHEREAS, Both First Landing State Park and False Cape State Park lie wholly within the recognized
boundaries of the municipality of Virginia Beach, Virginia, providing an important outdoor recreation
destination and economic engine for its citizens;
WHEREAS, First Landing State Park is a recognized location of the Virginia Company's first landing
leading to the colonization of Virginia in 1607;
WHEREAS, First Landing State Park is an important cultural resource reflecting important 1951-1961
Civil Rights era events, home to a Virginia Indian re -internment site, and continues to reinforce Virginia
Beach's commitment to outdoor recreation through its history with the Cape Story Syndicate and
Princess Anne Garden Club;
WHEREAS, First Landing State Park was constructed during 1934-1936 in partnership with the
National Park Service and by the Civilian Conservation Corps;
WHEREAS, False Cape State Park is the former site of important cultural resources, including the site of
the Civil War -era Maple Leaf incident, the former site of the False Cape Lifesaving Station and former
site of the historic Wash Woods Community; and,
WHEREAS, First landing State park is both a National Historic Landmark and a National Natural
Landmark.
NOW, THEREFORE, BE IT RESOL VED: the City of Virginia Beach hereby congratulates Virginia State
Parks, First Landing State Park and False Cape State Park on the occasion of its 75`" Anniversary and
extends best wishes for many years to come.
BE IT FURTHER RESOLVED: that Saturday June 18'h, 2011, be designated as "First Landing and
False Cape State Parks Day" in Virginia Beach
June 14, 2011
ItrjoOlUtinn
'N9fERE.A.S, First Landing State Park (formerly Seashore State Park) is one of the
originaCsix Virginia State Parks openedsimultaneousCy on June 1$ ", 1936 andFalse Cape State
Park is a unique Maritime CoastaCPark that opened in 1980;
'WHEREAS, both First Landing State Park and False Cape State Park Cie whoCCy within
the recognized boundaries of the municipality of Virginia Beach, Virginia, providing an
important outdoor recreation destination andeconomic engine for its citizens;
-WHEREAS, First Landing State Park is a recognized location of the Virginia
Company's first Landing Leading to the colonization of Virginia in 1607;
'WHEREAS, First Landing State Park is a cufturalresource reflecting important 1951-
1961 CiviCRights era events, home to a Virginia Indian re -internment site and continues to
reinforce Virginia Beach's commitment to outdoor recreation through its history with the Cape
Story Syndicate and Princess .Anne Garden Club;
-WHEREAS, First Landing State Park was constructedduring 1934-1936 in partnership
with the NationaCPark Service andby the Civilian Conservation Corps;
'WHEREAS, False Cape State Park is the former site of important cufturaCresources
including the site of the civiCwar-era Maple Leaf incident, the former site of the False Cape
Lifesaving Station and the former site of the historic 'Wash -Woods community;
'wifERE�1S, First Landing State Park is both a NationaC9-fistoric Landmark anda
NationaCNaturaCLandmark;
"WHEREAS, , First Landing State Park and False Cape State Park provide the reCativeCy
undisturbedandnaturaC habitats, including globaf-y rare maritime forest ecosystems, for
many rare andendangeredpCants andanimals, including the Smithsonian-recognizedVirginia
Beach Bug;
"W-11ERE.AS, False Cape State Park and First Landing State Park provide exemplary
environmentaCeducation, stewardsh�p education, internship opportunities in conservation
careers andteacher orientedprofessionafdevefopment opportunities; an4
-WHEREAS, Virginians use theirparks for the therapy they needfor the mina body
andspirit which contributes to a heafthy CifestyCe andrecognition of the stewardship
responsibilities we share as citizens of the Commonwealth;
NOW, THEREFORE, BE IT RESOLVED: The City of Virginia Beach hereby congratulates
Virginia State Parks, First Landing State Park and False Cape State Park on the occasion of its
7511i .Anniversary andextends best wishes for many years th come.
BE ITF'URIXER RESOLVED, that Saturday June 18'F, 2011, be designatedas `;first
Landing and False Cape State Parks Day" in Virginia Beach.
Item V -J.1.
IWAM
ITEM # 60990
Mayor Sessoms DECLARED A PUBLIC HEARING:
SALE OF EXCESS PROPERTY
John B. Dey Elementary School
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING
June 14, 2011
-24 -
Item VK.
ORDINANCES/RESOLUTIONS ITEM # 60991
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE,
MOTION, Items 1, 3 (DEFERRED July 12, 2011), 4, 5, 6 alb, 8, 9, l0a/b. 10.c (DEFER
INDEFINITELY), 10.d (Councilman Uhrin ABSTAINED)., 11 a/b/c/d and ADD-ONS 12a/b/c/d/e of
the CONSENT AGENDA.
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, 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 Absent:
William R. "Bill" DeSteph and Rosemary Wilson
Councilman Uhrin DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), re Item K 10 (d)
ROTB, L.C. to erect and maintain overhead light strings at 615 Atlantic Avenue. Councilman Uhrin is
executing this written disclosure regarding City Council's discussion and vote on an Ordinance to
approve an encroachment into the City -owned right-of-way at 7`" Street, Chix Sea Grill and Bar, which is
located at 701 Atlantic Avenue, and he may realize a benefit or detriment as a result of City Council's
vote on this item. Councilman Uhrin has a personal interest in this transaction because he is an employee
of Burlage Management Corporation, which is located at 801 Atlantic Avenue. Chix Sea Grill and Bar is
an affiliate of Burlage Management Corporation. Councilman Uhrin wishes to disclose this interest and
abstain from voting on this matter. Councilman Uhrin's correspondence of May 17, 2011, is hereby
made apart of the record.
June 14, 2011
-25 -
Item V K.1.
ORDINANCES/RESOLUTIONS ITEM # 60992
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Resolution to AUTHORIZE the sale, of $90,000,000 in a series of
General Obligation Public Improvement Bonds, on June 22, 2011,
(approved $62,900, 000 by City Council May 12, 2009, and $68,180, 000
May 11, 2010)
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, 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
ay:
None
Council Members Absent.•
William R. "Bill" DeSteph and Rosemary Wilson
June 14, 2011
RESOLUTION OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PROVIDING FOR THE ISSUANCE AND SALE
OF A SERIES OF GENERAL OBLIGATION PUBLIC
IMPROVEMENT BONDS, SERIES 2011A, HERETOFORE
AUTHORIZED, IN THE MAXIMUM AMOUNT OF
$90,000,000 AND PROVIDING FOR THE FORM, DETAILS
AND PAYMENT THEREOF
The issuance of $62,900,000 of bonds of the City of Virginia Beach, Virginia (the "City")
was authorized by an ordinance adopted by the City Council of the City of Virginia Beach,
Virginia (the "City Council") on May 12, 2009, without being submitted to the qualified voters
of the City, to finance various public improvements, including schools, roadways, coastal
projects, economic and tourism projects, building and parks and recreation projects, $9,318,112
of which have been issued and sold.
The issuance of $68,180,000 of bonds of the City was authorized by an ordinance
adopted by the City Council on May 11, 2010, without being submitted to the qualified voters of
the City, to finance various public improvements, including schools, roadways, coastal projects,
economic and tourism projects, building and parks and recreation projects, none of which bonds
have been issued and sold.
It has been recommended to the City Council by representatives of Government Finance
Associates, Inc. and Public Resources Advisory Group (collectively, the "Financial Advisors")
that the City issue and sell a series of general obligation public improvement bonds in the
maximum principal amount of $90,000,000. The City Council has determined it is in the City's
best interest to issue and sell the remaining balance, $53,581,888, of the bonds authorized on
May 12, 2009; and up to $36,418,112 of the bonds authorized on May 11, 2010.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and
statutes of the Commonwealth of Virginia, including the City Charter (Chapter 147 of the Acts
of the General Assembly of 1962, as amended) and the Public Finance Act of 1991 (Chapter 26,
Title 15.2, Code of Virginia of 1950, as amended), general obligation public improvement bonds
of the City in the maximum principal amount of $90,000,000 (the "Bonds"). The proceeds of the
Bonds will be used to provide funds to finance, in part, the costs of various public, school, road
and highway, coastal, economic and tourism, building and parks and recreation improvements, as
more fully described in the ordinances authorizing the Bonds adopted on May 12, 2009 and May
11, 2010 (collectively, the "Project"), and the costs incurred in connection with issuing the
Bonds.
2. Bond Details. The Bonds shall be designated "General Obligation Public
Improvement Bonds, Series 2011A," or such other designation as may be determined by the City
Manager, shall be in registered form, shall be dated such date as may be determined by the City
Manager, shall be in denominations of $5,000 and integral multiples thereof and shall be
numbered R-1 upward. Subject to Section 8, the issuance and sale of the Bonds are authorized on
terms as shall be satisfactory to the City Manager; provided, that the Bonds (a) shall have a
"true" or "Canadian" interest cost not to exceed 4.5% (taking into account any original issue
discount or premium), (b) shall be sold to the purchaser thereof at a price not less than par or
100% of the principal amount thereof (without taking into account any original issue discount or
premium), (c) shall be subject to optional redemption beginning no later than and continuing
after June 1, 2021, at an optional redemption price of no more than 102% of the principal
amount to be redeemed plus accrued interest to the optional redemption date, and (d) shall
mature annually in installments through serial maturities or mandatory sinking fund payments
beginning no later than June 1, 2012, and ending no later than June 1, 2031. Principal of the
Bonds shall be payable annually on dates determined by the City Manager.
Each Bond shall bear interest at such rate as shall be determined at the time of sale,
calculated on the basis of a 360 -day year of twelve 30 -day months, and payable semiannually on
dates determined by the City Manager. Principal shall be payable to the registered owners upon
surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined).
Interest shall be payable by check or draft mailed to the registered owners at their addresses as
they appear on the registration books kept by the Registrar on a date prior to each interest
payment date that shall be determined by the City Manager (the "Record Date"). Principal,
premium, if any, and interest shall be payable in lawful money of the United States of America.
Initially, one Bond certificate for each maturity of the Bonds shall be issued to and
registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its
nominee. The City has heretofore entered into a Blanket Issuer Letter of Representations relating
to a book -entry system to be maintained by DTC with respect to the Bonds. "Securities
Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant
to this Section 2.
In the event that (a) the Securities Depository determines not to continue to act as the
securities depository for the Bonds by giving notice to the Registrar, and the City discharges its
responsibilities hereunder, or (b) the City, in its sole discretion, determines (i) that beneficial
owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities
Depository, then the City's Director of Finance shall, at the direction of the City, attempt to
locate another qualified securities depository to serve as Securities Depository and authenticate
and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate
and deliver certificated Bonds to the beneficial owners or to the Securities Depository
participants on behalf of beneficial owners substantially in the form provided for in Section 5;
provided, that such form shall provide for interest on the Bonds to be payable (A) from the date
of the Bonds if they are authenticated prior to the first interest payment date, or (B) from the
interest payment date that is or immediately precedes the date on which the Bonds are
authenticated (unless payment of interest thereon is in default, in which case interest on such
Bonds shall be payable from the date to which interest has been paid). In delivering certificated
Bonds, the City's Director of Finance shall be entitled to rely on the records of the Securities
Depository as to the beneficial owners or the records of the Securities Depository participants
acting on behalf of beneficial owners. Such certificated Bonds will then be registrable,
transferable and exchangeable as set forth in Section 7.
2
So long as there is a Securities Depository for the Bonds, (1) it or its nominee shall be
the registered owner of the Bonds, (2) notwithstanding anything to the contrary in this
Resolution, determinations of persons entitled to payment of principal, premium, if any, and
interest, transfers of ownership and exchanges, and receipt of notices shall be the responsibility
of the Securities Depository and shall be effected pursuant to rules and procedures established by
such Securities Depository, (3) the Registrar and the City shall not be responsible or liable for
maintaining, supervising or reviewing the records maintained by the Securities Depository, its
participants or persons acting through such participants, (4) references in this Resolution to
registered owners of the Bonds shall mean such Securities Depository or its nominee and shall
not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between
the provisions of this Resolution and the provisions of the above -referenced Blanket Issuer Letter
of Representations, such provisions of the Blanket Issuer Letter of Representations, except to the
extent set forth in this paragraph and the next preceding paragraph, shall control.
3. Redemption Provisions.
(a) Optional Redemption. The Bonds shall be subject to redemption prior to maturity
at the option of the City Manager, in whole or in part, at any time on and after dates, if any,
determined by the City Manager, with the first such optional redemption date beginning no later
than June 1, 2021 as set forth in Section 2 at a redemption price equal to the principal amount to
be redeemed, together with any interest accrued to the date fixed for redemption, plus a
redemption premium, if any, not to exceed 2% of the principal amount to be redeemed, such
redemption premium to be determined by the City Manager.
(b) Mandatory Sinking Fund Redemption. Any term bonds may be subject to
mandatory sinking fund redemption upon terms determined by the City Manager.
If so determined by the City Manager, the Bonds may provide that the City may take a
credit against the mandatory sinking fund redemption obligation of any maturity of term Bonds
in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered
for cancellation and have not been applied previously as such a credit. If the City wishes to take
such a credit, on or before the 70th day next preceding any such mandatory sinking fund
redemption date, the City's Director of Finance may instruct the Registrar to apply a credit
against the City's mandatory sinking fund redemption obligation for any Bonds of the applicable
maturity that have been optionally redeemed or surrendered for cancellation by the City and have
not been previously applied as a credit against any mandatory sinking fund redemption
obligation for that maturity of the Bonds. Each Bond so previously optionally redeemed or
surrendered shall be credited at 100% of the principal amount thereof against the principal
amount of such maturity of the Bonds required to be redeemed on such mandatory sinking fund
redemption date or dates for such maturity as may be selected by the Director of Finance.
(c) Selection of Bonds for Redemption. If less than all of the Bonds are called for
optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's
Director of Finance in such manner as may be determined to be in the best interest of the City. If
less than all of a particular maturity of the Bonds are called for redemption, the Bonds within
such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules
and procedures or, if the book -entry system is discontinued, shall be selected by the Registrar by
lot in such manner as the Registrar in its discretion may determine In either case, (a) the portion
of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple
3
thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing
that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000.
(d) _Redemption Notices. The City shall cause notice of the call for redemption
identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission,
registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days
prior to the redemption date, to the registered owner of the Bonds. The City shall not be
responsible for mailing notice of redemption to anyone other than DTC or another qualified
Securities Depository or its nominee unless no qualified Securities Depository is the registered
owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds,
notice of redemption shall be mailed to the registered owners of the Bonds. If a portion of a
Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion
thereof will be issued to the registered owner upon the surrender thereof.
4. Execution and Authentication. The Bonds shall be signed by the manual or
facsimile signature of the Mayor or Vice -Mayor, shall be countersigned by the manual or
facsimile signature of the City Clerk or Deputy Clerk, and the City's seal shall be affixed thereto
or a facsimile thereof printed thereon; provided, that if both of such signatures are facsimiles, no
Bond shall be valid until it has been authenticated by the manual signature of the City Treasurer,
as Registrar, or an authorized officer or employee of any bank or trust company serving as
successor Registrar and the date of authentication noted thereon.
5. Bond Form. The Bonds shall be in substantially the form attached to this
Resolution as Exhibit A, with such completions, omissions, insertions and changes not
inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose
approval shall be evidenced conclusively by the execution and delivery of the Bonds.
6. Pledge of Full Faith and Credit. The full faith and credit of the City are
irrevocably pledged for the payment of the principal of, premium, if any, and interest on the
Bonds. Unless other funds are lawfully available and appropriated for timely payment of the
Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other
taxes authorized or limited by law and without limitation as to rate or amount, on all locally
taxable property in the City sufficient to pay when due the principal of, premium, if any, and
interest on the Bonds.
7. Registration, Transfer and Owners of Bonds. The City Treasurer is
appointed paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a
qualified bank or trust company as successor paying agent and registrar of the Bonds. The
Registrar shall maintain registration books for the registration and registration of transfers of the
Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, or at its
designated corporate trust office if the Registrar is a bank or trust company, together with an
assignment duly executed by the registered owner or his duly authorized attorney or legal
representative in such form as shall be satisfactory to the Registrar, the City shall execute, and
the Registrar shall authenticate, if required by Section 4, and shall deliver in exchange, a new
Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the
same form and maturity, bearing interest at the same rate and registered in the name as requested
by the then registered owner thereof or its duly authorized attorney or legal representative. Any
M
such transfer or exchange shall be at the expense of the City, except that the Registrar may
charge the person requesting such transfer or exchange the amount of any tax or other
governmental charge required to be paid with respect thereto.
The Registrar shall treat the registered owner as the person or entity exclusively entitled
to payment of principal, premium, if any, and interest and the exercise of all other rights and
powers of the owner, except that interest payments shall be made to the person or entity shown
as owner on the registration books as of the Record Date.
8. Sale of Bonds. The City Council approves the following terms of the sale of the
Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the
City Manager, in collaboration with the Financial Advisors, and subject to the limitations set
forth in Sections 1 and 2, and the City Manager shall receive bids for the Bonds and award the
Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the
limitations set forth in Section 2. Following the sale of the Bonds, the City Manager shall file a
certificate with the City Clerk setting forth the final terms of the Bonds. The actions of the City
Manager in selling the Bonds shall be conclusive, and no further action with respect to the sale
and issuance of the Bonds shall be necessary on the part of the City Council.
9. Notice of Sale; Bid Form. The City Manager, in collaboration with the Financial
Advisors, is authorized and directed to take all proper steps to advertise the Bonds for sale
substantially in accordance with the forms of the Official Notice of Sale and the Official Bid
Form, which forms are attached as an Appendix to the draft of the Preliminary Official Statement
described in Section 10 below, and which forms are approved; provided, that the City Manager,
in collaboration with the Financial Advisors, may make such changes in the Official Notice of
Sale and the Official Bid Form not inconsistent with this Resolution as he may consider to be in
the best interest of the City.
10. Official Statement. A draft of a Preliminary Official Statement describing the
Bonds, a copy of which has been provided or made available to each member of the City
Council, is approved as the form of the Preliminary Official Statement by which the Bonds will
be offered for sale, with such completions, omissions, insertions and changes not inconsistent
with this Resolution as the City Manager, in collaboration with the Financial Advisors, may
consider appropriate. After the Bonds have been sold, the City Manager, in collaboration with
the Financial Advisors, shall make such completions, omissions, insertions and changes in the
Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable
to complete it as a final Official Statement for the Bond, execution thereof by the City Manager
to constitute conclusive evidence of his approval of any such completions, omissions, insertions
and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a
reasonable number of copies of the final Official Statement by the earlier of seven business days
after the Bonds have been sold or the date of issuance thereof, for delivery to each potential
investor requesting a copy of the Official Statement and for delivery to each person to whom
such purchaser initially sells Bonds.
11. Official Statement Deemed Final. The City Manager is authorized, on behalf of
the City, to deem the Preliminary Official Statement and the Official Statement in final form for
the Bonds, each to be final as of its date within the meaning of Rule 15c2-12 ("Rule 15c2-12") of
the Securities and Exchange Commission (the "SEC"), except for the omission in the Preliminary
Official Statement of certain pricing and other information permitted to be omitted pursuant to
Rule 15c2-12. The distribution of the Preliminary Official Statement and the Official Statement
in final form shall be conclusive evidence that each has been deemed final as of its date by the
City, except for the omission in the Preliminary Official Statement of such pricing and other
information permitted to be omitted pursuant to Rule 15c2-12.
12. Preparation and Delivery of Bonds. After bids have been received and the
Bonds have been awarded to the winning bidder, the officers of the City are authorized and
directed to take all proper steps to have the Bonds prepared and executed in accordance with
their terms and to deliver the Bonds to the purchaser thereof upon payment therefor.
13. Arbitrage Covenants. The City covenants that it shall not take or omit to take
any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within
the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations
issued pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be includable in
the gross income of the registered owners thereof under existing laws. Without limiting the
generality of the foregoing, the City shall comply with any provision of law that may require the
City at any time to rebate to the United States any part of the earnings derived from the
investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally
recognized bond counsel that such compliance is not required to prevent interest on the Bonds
from being includable in the gross income of the registered owners thereof under existing law.
The City shall pay any such required rebate from its legally available funds.
14. Non -Arbitrage Certificate and Elections. Such officers of the City as may be
requested are authorized and directed to execute an appropriate certificate setting forth the
reasonably expected use and investment of the proceeds of the Bonds in order to show that such
reasonably expected use and investment will not violate the provisions of Section 148 of the
Code, and any elections such officers deem desirable regarding rebate of earnings to the United
States, for purposes of complying with Section 148 of the Code. Such certificate and elections
shall be in such form as may be requested by bond counsel for the City.
15. Limitation on Private Use. The City covenants that it shall not permit the
proceeds of the Bonds or the facilities financed or refinanced with the proceeds of the Bonds to
be used in any manner that would result in (a) 5% or more of such proceeds or of the facilities
financed or refinanced with such proceeds being used in a trade or business carried on by any
person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or
more of such proceeds or the facilities being financed with such proceeds being used with
respect to any output facility (other than a facility for the furnishing of water), within the
meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used
directly or indirectly to make or finance loans to any person other than a governmental unit, as
provided in Section 141(c) of the Code; provided, that if the City receives an opinion of
nationally recognized bond counsel that any such covenants need not be complied with to
prevent the interest on the Bonds from being includable in the gross income for federal income
tax purposes of the registered owners thereof under existing law, the City need not comply with
such covenants.
16. Continuing Disclosure Agreement. The Mayor, the City Manager and such
officer or officers of the City as either may designate are hereby authorized and directed to
execute and deliver a continuing disclosure agreement setting forth the reports and notices to be
filed by the City and containing such covenants as may be necessary to assist the purchaser of
3
the Bonds in complying with the provisions of Rule 15c2-12. Such continuing disclosure
agreement shall be substantially in the form attached as an Appendix to the draft of the
Preliminary Official Statement described in Section 10 above, which form is approved with such
completions, omissions, insertions and changes that are not inconsistent with this Resolution.
17. Other Actions. All other actions of officers of the City and of the City Council
in conformity with the purposes and intent of this Resolution and in furtherance of the issuance
and sale of the Bonds are hereby ratified, approved and confirmed. The officers of the City are
authorized and directed to execute and deliver all certificates and instruments and to take all such
further action as may be considered necessary or desirable in connection with the issuance, sale
and delivery of the Bonds.
18. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in
conflict herewith are repealed.
19. Effective Date. This Resolution shall take effect immediately.
Exhibit A — Form of Bond
7
Exhibit A — Form of Bond
Unless this certificate is presented by an authorized representative of The Depository Trust
Company, a New York corporation ("DTC"), to the issuer or its agent for registration of
transfer, exchange or payment, and this certificate is registered in the name of Cede & Co.,
or in such other name as is requested by an authorized representative of DTC (and any
payment is made to Cede & Co. or to such other entity as is requested by an authorized
representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR
VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the
registered owner hereof, Cede & Co., has an interest herein.
REGISTERED REGISTERED
No. R -
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
General Obligation Public Improvement Bond
Series 2011A
INTEREST RATE MATURITY DATE DATED DATE CUSIP
June 1, June
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: DOLLARS
The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay,
upon surrender hereof to the registered owner hereof, or registered assigns or legal
representative, the Principal Amount stated above on the Maturity Date stated above, subject to
prior redemption as hereinafter provided, and promises to pay interest hereon from the Dated
Date stated above on each June 1 and December 1, beginning December 1, 2011, at the annual
Interest Rate stated above, calculated on the basis of a 360 -day year of twelve 30 -day months.
Principal, premium, if any, and interest are payable in lawful money of the United States of
America by the City Treasurer, who has been appointed Registrar (the "Registrar"). The City
may appoint a qualified bank as successor paying agent and registrar for the bonds.
Notwithstanding any other provision hereof, this bond is subject to a book -entry system
maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium,
if any, and interest, the providing of notices and other matters shall be made as described in the
City's Blanket Issuer Letter of Representations to DTC.
This bond is one of an issue of $ General Obligation Public Improvement
Bonds, Series 2011A (the "Bonds"), of like date and tenor, except as to number,
denomination, rate of interest, privilege of redemption and maturity, and is issued pursuant to
the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and
the Public Finance Act of 1991. The Bonds have been authorized by ordinances adopted by the
City Council of the City of Virginia Beach (the "City Council") on May 12, 2009 and May 11,
2010, and are being issued pursuant to a resolution adopted by the City Council on June 14, 2011
(the "Bond Resolution"), to finance various public, school, road and highway, coastal, economic
and tourism, building and parks and recreation improvements and to pay costs of issuance of the
Bonds.
The Bonds maturing on or before June 1, 2021, are not subject to optional redemption
prior to maturity. The Bonds maturing on or after June 1, 2022, are subject to redemption prior
to maturity at the option of the City on or after June 1, 2021, in whole or in part at any time (in
any multiple of $5,000), upon payment of the following redemption prices (expressed as a
percentage of principal amount of the Bonds to be redeemed) plus interest accrued and unpaid to
the date fixed for redemption:
Period During Which Redeemed
Both Dates Inclusive) Redemption Price
The Bonds maturing on June 1, 20_, are required to be redeemed in part before
maturity by the City on June 1, 20 in the years and amounts set forth below, at a
redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus
interest accrued and unpaid to the date fixed for redemption:
The Bond Resolution provides for a credit against the mandatory sinking fund
redemption of the Bonds maturing on June 1, 20 in the amount of Bonds of the same maturity
that have been optionally redeemed or surrendered for cancellation and have not been applied
previously as such a credit.
If less than all of the Bonds are called for optional redemption, the maturities of the
Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may
be determined to be in the best interest of the City. If less than all the Bonds of a particular
maturity are called for redemption, the Bonds within such maturity to be redeemed shall be
selected by DTC or any successor securities depository pursuant to its rules and procedures or,
if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner
as the Registrar in its discretion may determine In either case, (a) the portion of any Bond to be
redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in
selecting Bonds for redemption, each Bond shall be considered as representing that number of
Bonds that is obtained by dividing the principal amount of such Bond by $5,000.
A-2
The City shall cause notice of the call for redemption identifying the Bonds or portions
thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or
overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date,
to DTC or its nominee as the registered owner hereof If a portion of this bond is called for
redemption, a new Bond in the principal amount of the unredeemed portion hereof will be
issued to the registered owner upon surrender hereof.
The full faith and credit of the City are irrevocably pledged for the payment of principal
of, premium, if any, and interest on this bond. Unless other funds are lawfully available and
appropriated for timely payment of this bond, the City Council shall levy and collect an annual
ad valorem tax, over and above all other taxes authorized or limited by law and without
limitation as to rate or amount, on all taxable property within the City sufficient to pay when
due the principal of, premium, if any, and interest on this bond.
The Registrar shall treat the registered owner of this bond as the person or entity
exclusively entitled to payment of principal of and interest on this bond and the exercise of all
other rights and powers of the owner, except that interest payments shall be made to the person
or entity shown as the owner on the registration books on the first day of the month preceding
each interest payment date.
In the event a date for the payment of principal, redemption price, or interest on this
bond is not a business day, then payment of principal, redemption price, and interest on, this
bond shall be made on the next succeeding day which is a business day, and if made on such
next succeeding business day, no additional interest shall accrue for the period after such
payment or redemption date.
All acts, conditions and things required by the Constitution and statutes of the
Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of
this bond have happened, exist and have been performed, and the issue of Bonds of which this
bond is one, together with all other indebtedness of the City, is within every debt and other limit
prescribed by the Constitution and statutes of the Commonwealth of Virginia.
A-3
IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond
to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this
bond to be dated the Dated Date stated above.
COUNTERSIGNED:
(SEAL)
Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto:
(Please print or type name and address, including postal zip code, of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE:
the within bond and all rights thereunder, hereby irrevocably constituting and appointing
'Attorney,
to transfer said bond on the books kept for the registration thereof, with full power of
substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by (Signature of Registered Owner)
an Eligible Guarantor Institution such as a NOTICE: The signature above must
Commercial Bank, Trust Company, Securities correspond with the name of the registered
Broker/Dealer, Credit Union or Savings owner as it appears on the front of this bond in
Association who is a member of a medallion every particular, without alteration or
program approved by The Securities Transfer enlargement or any change whatsoever.
Association, Inc.
A-5
Requires an affirmative vote by a majority of the members of the City Council.
Adopted by the City Council of the City of Virginia Beach, Virginia, this 11 dthday of June,
2011.
APPROVED AS TO CONTENT:
pu&vu�A
Finance Department
CA -11863
R-1
June 2, 2011
APPROVED AS TO LEGAL
SUFFICIENCY:
o e face
-26 -
Item V.K2.
ORDINANCESIRESOL UTIONS ITEM # 60993
David Williams, 2104 West Admiral Drive, Phone: 481-1668, representing the Shore Drive Community
Coalition, registered in SUPPORT. The Beaches and Waterways should have adequate time to conduct
a fair and proper study and the environmental impact of the Dredge Spoils project be adequately
determined. Long Creek Cove will be directly impacted by the Maple Dredge Transfer Site. It could
potentially be industrialization of their residential area. Homeowners gain nothing from the Dredge
Spoil Transfer Site.
Lynn Hume, 2036 Hackberry Road, Phone; 481-3064, resident directly across from one of the proposed.
Transfer Sites on Maple Street. She and her family have been living in fear and uncertainty since
November 2010 when the proposal to create a permanent industrial and mechanical Transfer Site came
forward. The study may be a start, but certainly does not fairly address our most serious issue of creating
an industrial environment in a residential community and waterway. Ms. Hume has a petition of 1260
signers to stop this site. [no copy to City Clerk]
Upon motion by Councilman Wood, seconded by Vice Mayor Jones, City Council ADOPTED:
Resolution to REQUEST the Beaches and Waterways Advisory
Commission study Dredge Spoils Removal and Transfer Stations with a
report to City Council by February 7, 2012
Voting: 9-0
Council Members Voting Aye.-
Rita
ye:
Rita Sweet Bellitto, Glenn R. Davis, 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 Absent:
William R. "Bill " DeSteph and Rosemary Wilson
June 14, 2011
REQUESTED BY VICE MAYOR JONES AND COUNCILMEMBER WOOD
1 A RESOLUTION REQUESTING THE BEACHES AND
2 WATERWAYS ADVISORY COMMISSION TO STUDY
3 DREDGE SPOILS REMOVAL AND TRANSFER STATIONS
4
5 WHEREAS, by ordinance adopted on June 13, 2000, City Council established
6 the Beaches and Waterways Advisory Commission;
7
8 WHEREAS, the Commission serves in an advisory capacity to City Council with
9 respect to beach and waterways -related issues, and its responsibilities include
10 reviewing issues referred to it by City Council concerning, among other things, the City's
11 navigable waterways;
12
13 WHEREAS, on May 10, 2011, City Council adopted a Council policy entitled,
14 "Neighborhood Dredging Program" that establishes the program, which is funded by a
15 partnership between the City and neighborhood residents to ensure that the Lynnhaven
16 River, Rudee Inlet, the Elizabeth River, Broad Bay, and Linkhorn Bay navigation
17 channels are adequately dredged;
18
19 WHEREAS, the public has received a substantial amount of incomplete and
20 inaccurate information regarding dredge spoils removal and transfer stations, which
21 points to the need for a study on those issues that contains complete and accurate
22 information; and
23
24 WHEREAS, such a study by the Commission would also assist the City in
25 carrying out Council's policy and would provide vital information for City Council in
26 determining the specific utilization of spoils sites.
27
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
29 OF VIRGINIA BEACH, VIRGINIA:
30
31 1. That the Beaches and Waterways Advisory Commission is hereby
32 requested to study the issues of dredge spoils removal and transfer stations and to
33 present a report to City Council detailing its findings by February 7, 2012.
34
35 2. That the study shall include, at a minimum:
36
37 • The feasibility of alternative dredging methods, such as hydraulic
38 rather than mechanical dredging;
39 • The potential for beneficial re -use of spoils;
40 • Opportunity for public input from all concerned citizens with at least
41 one facilitated structured meeting for public input;
42 • An analysis of the impact on affected communities (both those
43 receiving dredging and those in the vicinity of the existing and
44 proposed transfer stations) with a focus on identifying sites that are
45 sufficient to support the needs of the project but that have the least
46 potential adverse impact for the community; and
47 A proposed framework with parameters for operation of the spoils
48 sites, including potential use of the sites by the public for dredging by
49 entities or individuals other than the City
50
51 3. That the City Manager shall direct his staff to assist and support the Board
52 in preparing this study.
53
54 Adopted by the City Council of the City of Virginia Beach, Virginia, this 14th
55 day of j,.0 12011.
APPROVED AS TO LEGAL
SUFFICIENCY:
czui'"" Z� --
City Attorney's Office
CA11884 R-4 June 8, 2011
2
-27 -
Item V K.3.
ORDINANCES/RESOLUTIONS ITEM # 60993
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO
7/12/11, BY CONSENT.-
Resolution
ONSENT.Resolution to RESUME preparation of a "Rolling" Biennial Budget,
beginning with the FY2012-13 Budget process
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, 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 Absent:
William R. "Bill " DeSteph and Rosemary Wilson
June 14, 2011
Item V.K.4.
ORDINANCES/RESOLUTIONS ITEM # 60994
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT.
Resolution to AUTHORIZE the 2012 Employee and Retiree Health
Care Insurance Plans which require no premium or contribution
increases
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, 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 Absent:
William R. "Bill" DeSteph and Rosemary Wilson
June 14, 2011
1 A RESOLUTION REGARDING THE CITY'S 2012
2 EMPLOYEE AND RETIREE HEALTH CARE
3 INSURANCE PLANS
4
5 WHEREAS, the next Health Care Plan year takes effect January 1, 2012; and
6
7 WHEREAS, the Benefits Executive Committee has recommended some changes
8 to the health care plan offerings and to the rates for plan year 2012.
9
10 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA THAT
12
13 The City Manager, or his designee, is hereby authorized to work with the
14 Consolidated Benefits Office to implement the Health Care Offerings to City employees
15 as outlined below:
16
17 a) Continue as a self-insured health plan due to the substantial savings and award
18 Optima the contract for the next three years with four one year renewals.
19
20 b) Maintain the 2011 premium rate structure, the current plan design and employer
21 contribution level for plan year 2012.
22
23 c) Implement the three plan design changes mandated by the federal health
24 insurance reform.
25
26 d) Use the balance of the Health Care Fund to absorb any cost increases not
27 covered by the 2012 employee rates and employer contribution amount and to
28 make the 2012 annually required contribution to GASB45.
29
30 Adopted by the Council of the City of Virginia Beach, Virginia on the 14t:
31 day of .Tllne 2011.
Approved as to Content:
Management Services
CA -11900
R-3
June 6, 2011
Approved as to Legal Sufficiency:
dA4
CityAttorney's Office
-29 -
Item V K. 5.
ORDINANCES/RESOLUTIONS ITEM # 60995
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to DECLARE the former Pump Station site at John B. Dey
Elementary School to be EXCESS and AUTHORIZE the City Manager
to EXECUTE the necessary documents to convey it to the Virginia
Beach School Board
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, 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
ay:
None
Council Members Absent:
William R. "Bill" DeSteph and Rosemary Wilson
June 14, 2011
1 AN ORDINANCE DECLARING THE FORMER
2 PUMP STATION SITE WITHIN THE JOHN B. DEY
3 ELEMENTARY SCHOOL SITE IN EXCESS OF THE
4 CITY'S NEEDS AND AUTHORIZING THE CITY
5 MANAGER TO RECONVEY SAME TO THE
6 SCHOOL BOARD OF THE CITY OF VIRGINIA
7 BEACH (GPIN 1499-55-9393)
s
9 WHEREAS, the City of Virginia Beach (the "City") owns a 50'x 50'(2,500 sq. ft. /
10 .057 acre) pump station site (the "Property") located within the John B. Dey Elementary
11 School site;
12
13 WHEREAS, the School Board of the City of Virginia Beach (the "School Board")
14 dedicated the Property to the City by Deed of Dedication recorded on June 24, 1977 in
15 Deed Book 1674, at page 471 in the Clerk's Office of the Circuit of the City of Virginia
16 Beach;
17
18 WHEREAS, when the School Board dedicated the Property, it also dedicated a
19 15' utility easement, a 20' ingress easement and a 20' egress easement (the
20 "Easements") to be used in connection with the pump station;
21
22 WHEREAS, the City is no longer utilizing the Property, and the City has no future
23 need for the Property or the Easements; and
24
25 WHEREAS, the City Council is of the opinion that the Property and Easements
26 are in excess of the needs of the City and should be reconveyed to the School Board;
27
28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
29 VIRGINIA BEACH, VIRGINIA:
30
31 1. That the Property and Easements are hereby declared to be in excess of
32 the needs of the City of Virginia Beach.
33
34 2. That the City Manager is hereby authorized to execute the documents
35 necessary to reconvey the Property to the School Board and vacate the Easements, in
36 accordance with the Summary of Terms attached hereto as Exhibit A, and made a part
37 hereof, and such other terms and conditions deemed necessary and sufficient by the
38 City Manager and in a form deemed satisfactory by the City Attorney.
39
40 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 t hday
41 of June , 2011.
APPROVED AS TO CONTENT:
be-partmtkt of Public Works
CA11718
\\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\Wpdocs\1)027\P008\00021666.DOC
R-1
June 3, 2011
APPROVED AS TO LEGAL
SUFFICIENCY:
WWA 1� &A&b-j-,J
City Attorney Office
SUMMARY OF TERMS
DISPOSITION OF EXCESS PROPERTY
(PUMP STATION SITE — JOHN B. DEY ELEMENTARY SCHOOL)
PARTIES: City of Virginia Beach and School Board
of the City of Virginia Beach
PROPERTY: 50' x 50' (2,500 sq. ft. /.057 acre) (GPIN 1499-55-9393) City -owned former
pump station site located within the John B. Dey Elementary School site (GPIN
1499-55-8674)
LEGAL DESCRIPTION:
All that certain lot, tract or parcel of land together with improvements
thereon belonging, lying, situated and being in the City of Virginia
Beach, Virginia and designated and described as "PROPOSED
PUMPING STATION SITE" as shown on that certain plat entitled
"PLAT SHOWING PUMPING STATION SITE, 20' INGRESS -
EGRESS EASEMENT & 15' UTILITY EASEMENT FROM THE
SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH,
VIRGINIA FOR THE CITY OF VIRGINIA BEACH, VIRGINIA",
dated December 7, 1976, and attached to the Deed of Dedication
recorded in Deed Book 1674, at page 471, in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia.
SALE PRICE: $0.00.
ADDITIONAL CONDITIONS OF RECONVEYANCE
• The School Board shall resubdivide the Property, at the School Board's expense, to
eliminate the lot lines for GPIN 1499-55-9393 and to incorporate said land into the
John B. Dey Elementary School site (GPIN 1499-55-8674).
• The City shall vacate the 15' utility easement, 20' ingress easement and 20' egress
easement associated with the Property.
-30 -
Item V. K. 6.
ORDINANCES/RESOLUTIONS ITEM # 60996
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinances to:
a. AUTHORIZE and DIRECT the execution of "Addendum A" to the
2009 Intergovernmental Agreement with the Virginia Department of
Agriculture and Consumer Services re additional funding of $54,247.38
to purchase ARP easements
b. ACCEPT and APPROPRIATE an additional $54,247 to reimburse the
ARP Special Revenue fund in connection with acquisition of the Truman
D. Baxter, Jr. property at 3457 Land of Promise Road (DISTRICT 7 —
PRINCESS ANNE)
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, 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 Absent:
William R. "Bill" Desteph and Rosemary Wilson
June 14, 2011
1 A RESOLUTION AUTHORIZING AND DIRECTING THE
2 CITY MANAGER TO EXECUTE AN ADDENDUM TO THE
3 2009 INTERGOVERNMENTAL AGREEMENT BETWEEN
4 THE VIRGINIA DEPARTMENT OF AGRICULTURE AND
5 CONSUMER SERVICES AND THE CITY OF VIRGINIA
6 BEACH REGARDING THE PURCHASE OF
7 AGRICULTURAL RESERVE PROGRAM EASEMENTS
8
9
10 WHEREAS, the City of Virginia Beach (the "City") adopted the Agricultural Lands
11 Preservation Ordinance in May 1995, thereby establishing a comprehensive program
12 (the "Agricultural Reserve Program") for the preservation of agricultural lands within the
13 City; and
14
15 WHEREAS, since its inception of the Agricultural Reserve Program,
16 approximately 8,831 acres of land have been placed under easements restricting
17 development of the land to agricultural uses; and
18
19 WHEREAS, the General Assembly, by Chapter 879 of the 2008 Acts of
20 Assembly, appropriated $500,000 to the Virginia Department of Agriculture and
21 Consumer Services ("VDACS") for the continuation of a state fund to match local
22 governmental purchases of development rights program funds for the preservation of
23 working farms and forest lands; and
24
25 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes VDACS' Office of
26 Farmland Preservation to develop methods and sources of revenue for allocating funds
27 to localities to purchase agricultural conservation easements; and
28
29 WHEREAS, VDACS determined that the City was eligible to receive contributions
30 of funds from VDACS in reimbursement for certain costs the City incurred in the course
31 of purchasing Agricultural Reserve Program easements; and
32
33 WHEREAS, City and VDACS entered into an agreement entitled
34 "INTERGOVERNMENTAL AGREEMENT Between Virginia Department of Agriculture
35 and Consumer Services and The City of Virginia Beach", dated January 28, 2009 ("2009
36 Agreement"), a true copy of which agreement is on file in the City Clerk's Office; and
37
38 WHEREAS, VDACS determined City is eligible to receive additional funding in
39 the amount of $54,247.37, applicable to the 2009 Agreement, making $104,147.37 the
40 total amount available for reimbursement of certain costs incurred by the City in the
41 course of purchasing ARP easements; and
42
43 WHEREAS, City and VDACS desire to enter into an addendum ("Addendum A")
44 to the 2009 Agreement to increase the funding available to the City pursuant to the
45 2009 Agreement; and
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
WHEREAS, a Summary of Material Terms of the 2009 Agreement and its
Addendum A is appended hereto; and
WHEREAS, the City Council finds that the terms of Addendum A are fair and
reasonable and would be of significant benefit to the City and its citizens by providing an
additional source of funds for the purchase of Agricultural Reserve Program easements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH:
That the City Manager is hereby authorized and directed to execute the aforesaid
Addendum A to the 2009 Agreement on behalf of the City and to take such measures
as are necessary or advisable to implement such agreement according to its terms.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH:
That the City Council hereby expresses its appreciation to the Governor, the
General Assembly and the Virginia Department of Agriculture and Consumer Services
for their continued commitment to the preservation of agriculture within the
Commonwealth and the City.
Adopted by the Council of the City of Virginia Beach, Virginia on the. 14 tday
of June , 2011.
Approved as to Content:
Agriculture Department
Approved as to Legal Sufficiency:
[WA q- *415VV
City Attorney's Office
CA -11726
\\vbgov.com\DFS 1Wpplications\CityLawProd\cycom32\Wpdocs\D001 \P009\00022074. DOC
R-1
June 1, 2011
K
Intergovernmental Agreement
between
Virginia Department of Agriculture and Consumer Services
and
The City of Virginia Beach
and Addendum A to the Intergovernmental Agreement
Summary of Material Terms
Parties:
The City of Virginia Beach ("City") and the Virginia Department of Agriculture and
Consumer Services ("VDACS").
Background:
On January 27, 2009, the City was approved to receive $49,900 from VDACS
pursuant to that Intergovernmental Agreement dated January 28, 2009 ("2009
Agreement") for reimbursement of certain costs incurred by the City in the course
of purchasing agricultural preservation easements through the City's Agricultural
Reserve Program ("ARP").
On January 25, 2011, City accepted the $49,900 from VDACS and appropriated
the funds to the 2010-11 operating budget of the Department of Agriculture.
VDACS has determined the City is eligible to receive an additional $54,247.37 to
purchase agricultural preservation easements.
VDACS Responsibilities:
VDACS will reimburse the City for certain costs of purchasing ARP easements.
The amount of additional funding for easements recorded by May 27, 2011 is
$54,247.37, making $104,147.37 the total maximum amount available under the
2009 Agreement and its Addendum A. Reimbursable costs include:
• the purchase price of any Treasury STRIPS acquired to fund the
purchase price of the conservation easement;
• cost of title insurance;
• cost of one appraisal;
• one physical survey;
• reasonable attorney's fees;
• cost of public notices
Note: Other costs are reimbursable but are not incurred by the City in the course
of ARP transactions as presently structured
Maximum reimbursement for a single purchase is equal to 50% of sum of the
purchase price of the easement and reimbursable costs, excluding costs of
STRIPS.
City of Virginia Beach Responsibilities:
Cost:
Utilize state funds to further protect working agricultural lands by
purchasing development rights.
Submit a progress report each year that the agreement is effective or a
subsequent agreement is in effect to (i) describe any prospective
properties and the status of any negotiations, (ii) estimate the timeframes
that agreements could possibly be executed, (iii) maintain a public
outreach program designed to educate various stakeholders, (iv) develop
and maintain a monitoring program, and (v) continually evaluate the
effectiveness of the program.
If City sells development rights back to the property owner, City must
reimburse VDACS in an amount proportional to VDACS' contribution
toward the total reimbursable cost of acquiring the ARP easement.
No associated costs are incurred by the City
Duration and Termination:
• Initial term is two years from the date of the agreement or January 28,
2011.
• This addendum shall be merged with the previous agreement that expired
on January 28, 2011 in order to provide additional funding for any
easements that were recorded by May 27, 2011.
• City may be recertified as eligible for future funding, but not guaranteed.
• The agreement may be terminated if the City fails to perform any of its
obligations under the terms of this agreement.
• If the City fails to allocate the spending of the funds within the two year
time period, monies will then be redistributed to other PDR programs.
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
AN ORDINANCE TO ACCEPT AND APPROPRIATE
FUNDS FROM THE VIRGINIA DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES TO
THE DEPARTMENT OF AGRICULTURE TO
REIMBURSE THE CITY FOR A PORTION OF THE
COST TO ACQUIRE A PRESERVATION EASEMENT
WHEREAS, the ARP Special Revenue Fund is eligible for reimbursement from
the State for up to 50% of the value of the agricultural preservation easement for the
Truman D. Baxter, Jr. property, up to $104,147; and
WHEREAS, the acquisition cost for this easement totaled $288,344.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That $54,247 is hereby accepted from the Virginia Department of Agriculture and
Consumer Services and appropriated, with estimated state revenues increased
accordingly, to the ARP Special Revenue Fund to partially reimburse the City for the
acquisition of a preservation easement.
Adopted by the Council of the City of Virginia Beach, Virginia on the1 4tb day
of June , 2011.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Management Services QltyrY's ice
CA11897
R-2
June 6, 2011
-31 -
Item V. K. 7.
ORDINANCES/RESOLUTIONS ITEM # 60997
The following registered to speak:
Katy Arris -Wilson, 3900 Old Shell Road, Phone (757) 679-5954, longtime Virginia Beach citizen,
President of the Tide Swim Team and mother of three (3) children who enjoy swimming and a ten-year
relationship with the YMCA of South Hampton Roads. Ms. Wilson has been in discussion relative
assistance with more pool space. In December 2010, we were no longer allowed to utilize the pool space
on Military bases. At the present time, their athletes participate out of the Hilltop and Mount Trashmore
YMCA and would like to extend out to the Princess Anne area.
Walter R. Potter, 1938 Woodside Lane, Phone: (757) 428-2224, Chairman of the Board YMCA — South
Hampton Roads. Mr. Potter has also served two (2) terms on the Board of the Tidewater Swim Team
(High School level and the Tidewater Swim Team. The opportunity to have a 50- meter competition pool
makes this a spectacular opportunity. Discussions have been ensuring with Sentara for approximately 4
to five years concerning this pool coming to Dam Neck and Landstown Roads. This is an opportunityfor
the City of Virginia Beach to be on the "swimming map" with a 50 -meter pool.
The following registered in OPPOSITION:
Jerry Donnelly, 2108 Pleasant Acres Court, Phone: 342-6017, Managing Partner — One Life Fitness,
and ten (10) year resident of Virginia Beach. "We should not hand over public land to a private
tax exemption organization. " Mr. Donnelly requested all possible options be examined as the Open Bid
process brings potential harm to the community. A similar project by a 'for profit facility " would
typically generate $1 -Million in taxes that the YMCA could not generate. Similar benefits could be given
to the community as well as supported with tax revenue.
Marc Frietag, 2105 Sawmill Court, Phone: 343-8988, taxpaying resident for twenty-one years, and
Retired Navy Seal shot and paralyzed in the line of duty, which ended his Naval career. For the past eight
(8) years he has pursued a new career as Manager — Virginia Beach One Life Fitness. Giving a non-
profit company valuable Virginia Beach -owned land and public funds is competition and damage to
many of the local businesses.It has been proven that non profits compete with taxpaying businesses as
daycare, health clubs, karate studios and many other small businesses that pay taxes to our community..
Every dollar spent at the YMCA is a lost dollar of revenue for our 'for-profit " businesses. Typically, for
every nonprofit that opens its doors, two local tax paying businesses close within one year.
Ben Venuto, 2933 Couples Court, Phone: 435-6525, local resident, stated "it would be fiscally
irresponsible to take tax money away from the necessary public services such as police, firefighter and
teachers' salaries, public transportation, roads, et cetera and giving to the YMCA. " Over the last twenty-
five years, or more the YMCA has abandoned its charitable mission by closing facilities in underserved,
under privileged areas and opening high end health clubs in richer Counties. Mr. Venuto requested
deferral for further study and open a bid to include `for profit" businesses.
Rick Zimmerman, CEO of Axel Corporation, Phone: (518) 801-0147, own a consulting company. He has
been in the fitness and construction business consulting and operating companies in San Diego,
Minneapolis Raleigh and is a homeowner off Shore Drive. He has a graduate and undergraduate degree
from the University of Virginia. Mr. Zimmerman does not understand why the City has not put out an
RFP (Request for Proposal) to study the need and issue related to the 50 -Meter Competition Pool. Mr.
Zimmerman and his three (3) sons are all competitive swimmers He does not understand why the City
has not reviewed other alternatives.
June 14, 2011
-32 -
Item V K. 7.
ORDINANCES/RESOLUTIONS ITEM # 60997 (Continued)
The.following registered in OPPOSITION (Continued)
Patrick Donnelly, 2677 Christopher Farms Drive, Phone: 342-3134, advised his main concern as the
City giving away their land. This location for the YMCA Family Center and 50 -meter competition pool is
less than a 10 -minute drive from Princess Anne Recreation Center, which houses one of the finest
competition pools in Virginia. There are also many State and City pools which meet competition
standards.
Tracy McOrmond, 101 Valienti Court, Phone: 721-4777, taxpaying resident of Virginia Beach for over 8
years. She has three (3) small children entering the School system and is a former Educator from Fairfax
County and now currently works for a consulting firm. She does not understand why the City of Virginia
Beach would consider giving the YMCA precious and valuable land as it could be sold for profit to a
taxable business entity.
A MOTION was made by Council Lady Henley, seconded by Councilman Wood, to ADOPT an
Ordinance to AUTHORIZE the City Manager to execute a non-binding Term Sheet with the YMCA of
South Hampton Roads re a Family Center and 50 -meter competition pool at Dam Neck and Landstown
Roads.
A SUBSTITUTE MOTION was made by Councilman Dyer, seconded by Councilman Davis to DEFER
for.further discussion the Ordinance to AUTHORIZE the City Manager to execute a non-binding Term
Sheet with the YMCA of South Hampton Roads re a Family Center and 50 -meter competition pool at
Dam Neck and Landstown Roads
Voting: 4-5 (SUBSTITUTE MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer
Council Members Voting Nay:
Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin and James L. Wood
Council Members Absent:
William R. "Bill" DeSteph and Rosemary Wilson
June 14, 2011
-33 -
Item V K 7.
ORDINANCES/RESOLUTIONS ITEM # 60997 (Continued)
Upon MOTION by Council Lady Henley, seconded by Councilman Wood, City Council ADOPTED an
Ordinance to AUTHORIZE the City Manager to execute a non-binding Term Sheet with the YMCA of
South Hampton Roads re a Family Center and 50 -meter competition pool at Dam Neck and Landstown
Roads.
Voting: 6-3
Council Members Voting Aye:
Rita Sweet Bellitto, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor
William D. Sessoms, Jr., John E. Uhrin and James L. Wood
Council Members Voting Nay:
Glenn R. Davis, Harry E. Diezel, and Robert M. Dyer
Council Members Absent:
William R. "Bill" DeSteph and Rosemary Wilson
June 14, 2011
1 ORDINANCE APPROVING A NON-BINDING TERM
2 SHEET WITH YMCA OF SOUTH HAMPTON ROADS
3 RELATING TO THE DEVELOPMENT OF A YMCA
4 FAMILY CENTER AND 50 -METER COMPETITION
5 POOL AT THE NORTHEAST INTERSECTION OF
6 DAM NECK ROAD AND LANDSTOWN ROAD IN
7 VIRGINIA BEACH
8
9 WHEREAS, the City of Virginia Beach (the "City") owns two parcels of land
10 totaling approximately 10.35 acres located at the intersection of Dam Neck Raod and
11 Landstown Road in the Princess Anne Commons area (GPIN 1484-79-2884 and 1484-
12 79-2434) (the "Property");
13
14 WHEREAS, the YMCA of South Hampton Roads ("YMCA"), in partnership with
15 the Tides Swim Team, desires to construct a 45,000+/- sq. ft. YMCA Family Center and
16 a 50 -meter enclosed pool on a portion of the Property (the "Project");
17
18 WHEREAS, YMCA would offer recreational and educational programs and
19 services, and endeavor to ensure that low and moderate income families residing in
20 Virginia Beach have membership and program opportunities through the YMCA's sliding
21 scale;
22
23 WHEREAS, YMCA has requested that the City dedicate the Property in
24 connection with the Project as its only contribution to the Project. The Property would
25 be conveyed subject to deed restrictions, easements and encumbrances of record, and
26 it would only be used for non-profit purposes consistent with the mission of the YMCA;
27 and
28
29 WHEREAS, the development of the Project would serve the needs of the citizens
30 of the City of Virginia Beach and would promote the City's goals of a healthy population.
31
32 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
33 VIRGINIA BEACH, VIRGINIA:
34 That the City Manager is hereby authorized to execute a non-binding term sheet
35 with YMCA of South Hampton Roads, to set forth coordination of development efforts of
36 the proposed YMCA Family Center and 50 -meter pool, in accordance with the Summary
37 of Terms attached hereto and made a part hereof, and such other terms and conditions
38 deemed necessary and sufficient by the City manager and in a form deemed
39 satisfactory by the City Attorney.
40
41 Adopted by the Council of the City of Virginia Beach, Virginia, on the qday
42 of Jim(- , 2011.
APP
nED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
P Recreation City A rX—
Dept.ey
CA11725
\\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\W pdocs\D027\P008\00021632. DOC
6/6/11
R-1
SUMMARY OF TERMS
TERM SHEET BETWEEN THE CITY AND THE YMCA
PROPERTY: Approximately 10.35 acres at the intersection of Dam Neck and
Landstown Road
PARTIES: City of Virginia Beach ("City")
YMCA of South Hampton Roads ("YMCA")
PURPOSE: City to dedicate parcel to YMCA for the purpose of the YMCA
constructing and operating an approximately 45,000 square foot
recreational and educational facility and a 50 meter competition
pool. The pool will be covered with an architectural membrane
capable of withstanding sustained winds of at least 110 miles per
hour.
COST: No cost to the City other than the value of the dedicated land.
The improvements to be constructed by the YMCA are expected
to cost approximately $10,000,000.
SPECIAL TERMS: The YMCA will be required to operate the facility as a non-profit
facility consistent with the YMCA's mission.
The YMCA will endeavor to ensure that low and moderate income
families and children in the surrounding areas have access to the
facility at a reduced cost through the YMCA's scholarship
program.
The design and operation of the facility will be consistent with the
Princess Anne Commons Guidelines.
DEED
RESTRICTIONS: The City -owned property will be dedicated to the YMCA subject to
deed restrictions ensuring the continued use of the property for
non-profit purposes consistent with the City's goals for that portion
of Princess Anne Commons.
S \x
I
pow-
cr
00
'14
1p
r*j
w 0
00
-pb M
-ra f -P
ti
S \x
I
pow-
-34 -
Item V.K.B.
ORDINANCES/RESOLUTIONS ITEM # 60998
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to APPROPRL4TE an interest free loan in the amount of
$60,000 to the Kempsville Volunteer Rescue Squad re a replacement
ambulance
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, 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 Absent:
William R. "Bill" DeSteph and Rosemary Wilson
June 14, 2011
1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE
2 AN INTEREST-FREE LOAN TO THE KEMPSVILLE
3 VOLUNTEER RESCUE SQUAD, INC., FOR THE PURCHASE
4 OF A REPLACEMENT AMBULANCE
5
6 WHEREAS, the Kempsville Volunteer Rescue Squad has been awarded a Rescue
7 Squad Assistance Fund grant of $68,231 from the Virginia Department of Health Office of
8 Emergency Medical Services for the purchase of a replacement ambulance with estimated
9 cost of $135,000; and
10
11 WHEREAS, equipment and supplies will be required to outfit the replacement
12 ambulance totaling approximately $10,000; and
13
14 WHEREAS, the Kempsville Volunteer Rescue Squad will utilize approximately
15 $16,769 of fund drive funding toward the down -payment.
16
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19
20 1. That $60,000 is hereby appropriated from the fund balance of the General
21 Fund for an interest-free loan to the Kempsville Volunteer Rescue Squad for the purchase
22 of an ambulance and related equipment and supplies, contingent upon execution of the
23 attached agreement.
24
25 2. That this loan is to be repaid by Kempsville Volunteer Rescue Squad over
26 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 1 At h day of
June , 2011.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Management Services Cit, a ice
CA11887
R-1
May 25, 2011
PROMISSORY NOTE
$60,000
Virginia Beach, Virginia
June 15, 2011
FOR VALUE RECEIVED, Kempsville Rescue Squad, Inc., ("Maker"), promises to pay,
without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia
Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of SIXTY
THOUSAND DOLLARS ($60,000) 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 June 1, 2012 - $12,000
On or before June 1, 2013 - $12,000
On or before June 1, 2014 - $12,000
On or before June 1, 2015 - $12,000
On or before June 1, 2016 - $12,000
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).
KEMPSVILLE RESCUE SQUAD, INC.
(SEAL)
Title: Date:
Agreement Between the City of Virginia Beach and
the Kempsville Rescue Squad Inc.
THIS AGREEMENT is made and entered into this day of ,
2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the
Kempsville Rescue Squad, Inc., a Virginia nonstick corporation ("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
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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day
and year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
James K. Spore, City Manager
ATTEST:
City Clerk
KEMPSVILLE RESCUE SQUAD, INC.
Lb -A
Title:
APPROVED AS TO CONTENT:
Virginia Beach Management Services
Virginia Beach Risk Management
Virginia Beach EMS Chief
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
SCE Pa V1LLE RESCUE SQUAD INC.
P.O. BOX 62345 • VIRGINIA BEACH, VA. 23466
757.340-KVRS * www.kvrs.org
March 29, 2011
Chief Bruce W. Edwards
Virginia Beach Department of LMS
477 Viking_Drive, Suite 130
Virginia Beach, VA 23452
Dear Chief Edwards,
1'nr writing on behalf of the Kempsville Volunteer Resc
from the City of Virginia Beach. The loan will be used
our squad'. This new ambulance will replace unit 921 N
over 200,000 miles on it. We hope to have the new uni;
summer.
We request a loan for Sixty Thousand do
installments. The requested amount is based on, the follo
State RSAE Orant
equipment & supplies
Balance
On January 1, 2011 we were awarded a:State RSA
of the new ambulance.
Currently, Kempsville Volunteer Rescue Squad ha
Loan # 1 (Unit 927) has an awiq: p vai e
2013 with 3 payments remaining`
* Loan # 2 (Unit 923) has an annual paymen
through 2014 with 4 payments remaining:
* Loan # 3 (Unit 922) has an annual paymen
through 2015 with 5 payments remaining.
Squad to request a No -Interest Loan
the purchase of'a new ambulance for
;h is a 2003 model ambulance with
service by the beginning of this
Muld like to repay in five annual
$60,000.00
1.00 to apply to the purchase
5".three loans with the city:
nt o 15,400.00 due June I" each year through
2,200.00 due October I" each year
12,400.00 due October i' each year
If you need any further information please let me know. Thank you for your consideration of our
request.
JimBrewer, Vice -President
rr'
E PSVILLE RESCUE SQUAD INC.
P.O. BOX 62345 - VIRGINIA BEACH, VA. 23466
757-340-KVRS • www.kvrs.org
March 29, 2011
Division Chief John Bianco
Virginia Beach Department of EMS
477 Viking Drive, Suite 130
Virginia Beach, VA 23452
Dear Chief Bianco.
Enclosed is a letter (addressed to Chief Edwards) requesting a loan for the purchase of a new
ambulance for Kempsville Volunteer Rescue Squad. Please Iet me know if you need any further
information before processing the loan request."
TI k you,
Agreement Between the City of Virginia Beach and
the Kemspville Volunteer Rescue Squad
THIS AGREEMENT is made and entered into this day of ,
2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the
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
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.
CITY OF VIRGINIA BEACH, VIRGINIA
James K. Spore, City Manager
ATTEST:
City Clerk
KEMPSVILLE VOLUNTEER RESCUE SQUAD
APPROVED AS TO CONTENT:
Virginia Beach Management Services
Virginia Beach Risk Management
Virginia Beach EMS Chief
Title:
3
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
PROMISSORY NOTE
$60,000
Virginia Beach, Virginia
June 14, 2011
FOR VALUE RECEIVED, Kempsville Volunteer Rescue Squad, ("Maker"), promises to
pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal
Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the
principal sum of SIXTY THOUSAND DOLLARS ($60,000) 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 June 1, 2012 - $12,000
On or before June 1, 2013 - $12,000
On or before June 1, 2014 - $12,000
On or before June 1, 2015 - $12,000
On or before June 1, 2016 - $12,000
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.
5/25/2011 C:\Documents and Settings\jconley\Local Settings\Temporary Intemet Files\Content.Outlook\3D35JQU9\Kempsville Volunteer Rescue Squad
Promissory Note 06-14-1 Ldoc
WITNESS the following signature(s).
KEMPSVILLE VOLUNTEER RESCUE SQUAD
(SEAL)
By: NAME, Director
5/25/2011 CADocuments and Settings\jconley\Local Settings\Temporary Internet Files\Content.Outlook\3D35JQU9\Kempsville Volunteer Rescue Squad
Promissory Note 06-14-1 Ldoc
-35 -
Item V.K.9.
ORDINANCES/RESOLUTIONS ITEM # 60999
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to AUTHORIZE acquisition of property for rights-of-way
and permanent drainage easements, either by agreement or
condemnation, for BEACH GARDEN PARK — KILBOURNE
COURTIHOLL Y ROAD (deferred May 24, 2011)
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, 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 Absent:
William R. "Bill " DeSteph and Rosemary Wilson
June 14, 2011
PUBLIC WORKS DEPARTMENT
757-3654167
FAX (757) 385-5783
TTY: 711
DATE: June 7, 2011
City of _N I rgiizi a S c-:ach
INTER -OFFICE MEMORANDUM
TO: James Spore, Executive
FROM: Gail E. Salmons, PW / RE
VBgovcom
MUNICIPAL CENTER
BUILDING 2
2405COUtTHWSE DRIVE
VIRGINIA BEAACH, VA 23455.9035
SUBJECT: This is in response to Kathleen Hansen's request for Mr. Spore's inquiry
concerning a pending agenda item to be heard by City Council on June
14,2011:
Beach Garden Park — Kilbourne Court ! Holly Road Improvements
In order to construct the new bridge that goes over to the park area, the city will need
the ordinance passed to condemn. There is a defunct corporation that owns the
northeast corner of Kilbourne Court and the city is unable to located the property
owners. The acquisition for this corner is $68 because it is low land.
June 6, 2011 - I just talked to Mr. Inman. The condo association wants $17,000 and the
appraisal was $5,069. Mr. Inman is on his way back from Richmond and said that he would
send me a breakdown when he got back to his office. Keep in mind, when the appraiser spoke
with the consulting engineer, the sign was not going to be impacted. Now the sign will be
impacted. The perimeter of the sign is a brick base with a brick pillar on each side and the
actual sign identifying the condominiums was damaged and is no longer there. I think there is
some wiggle room with the negotiations but until I receive the breakdown not sure what that will
be.
June 7, 2011 — 1 sent an email to Mr. Inman requesting his counter offer. His counter offer was
approximately $7,000 for landscaping and a sign and $10,000 for a Temporary Construction
Easement. I will discuss this with Mr. Lawson in the morning for direction on this negotiation.
I will continue to negotiate with Mr. Inman, who represents Holly Bend Condo
Association even if the ordinance is passed to condemn unless an impasse is reached
and agreeable terms can't be negotiated.
1 AN ORDINANCE TO AUTHORIZE
2 ACQUISITION OF RIGHTS-OF-WAY,
3 PERMANENT DRAINAGE EASEMENTS AND
4 TEMPORARY EASEMENTS, EITHER BY
5 AGREEMENT OR CONDEMNATION FOR
6 BEACH GARDEN PARK— KILBOURNE COURT
7 / HOLLY ROAD RIGHT-OF-WAY
8 IMPROVEMENTS, CIP 7-049
9
10
11 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a
12 public necessity exists for the construction of this important storm water and road
13 improvements project to improve drainage and motor vehicle and pedestrian transportation
14 within the City and for other related public purposes for the preservation of the safety,
15 health, peace, good order, comfort, convenience, and for the welfare of the people in the
16 City of Virginia Beach.
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20
21 Section 1. That the City Council authorizes the acquisition by purchase or
22 condemnation pursuant to Sections 15.2-1901, et seg., Sections 33.1-91, et seg., and Title
23 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee
24 simple, including permanent drainage easements and temporary construction easements
25 (collectively, the "Property"), as shown on the plans entitled "BEACH GARDEN PARK —
26 KILBOURNE COURT / HOLLY ROAD IMPROVEMENTS CIP 7-049" (the "Project") and
27 more specifically described on the acquisition plats for the Project (plats and plans
28 collectively referred to as the "Plans"), the Plans being on file in the Engineering Division,
29 Department of Public Works, City of Virginia Beach, Virginia.
30
31 Section 2. That the City Manager is hereby authorized to make or cause to be
32 made on behalf of the City of Virginia Beach, to the extent that funds are available, a
33 reasonable offer to the owners or persons having an interest in said Property. If refused,
34 the City Attorney is hereby authorized to institute proceedings to condemn said Property.
35
36 Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of
37 June _,201 0.
CA 11648
9/29/10
R-1
\\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d028\p009\00073138.doc
APPROVED AS TO CONTENT:
ge C.
blic Works/Real Estate
APPROVED AS TO LEGAL
SUFFICIENCY
lz2sn
City Att rney's Office
u
EWE
FWA
5
x
a.
U) a)
IL
C:
m
IL ca E
CL
0
E
X17
w
rz
u M 0
0
To,
C:)
u
EWE
FWA
5
x
a.
carom
Item V.K.10.a.
ORDINANCES/RESOLUTIONS ITEM # 61000
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to AUTHORIZE temporary encroachments into portions of City -owned
property:
TIMOTHY D. MOODY to maintain an existing fountain, construct and maintain an
irrigation line, sliding gate with keypad and landscape lighting conduit at Croatan Road
and Virginia Dare Drive (DISTRICT 6 — BEACH);
The following conditions shall be required:
1. The temporary encroachments shall be constructed and maintained in accordance with the
laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance
with the City's specifications and approval.
2. Nothing herein shall prohibit the City from immediately removing, or ordering the
Applicant to remove, all, or any part, of the Temporary Encroachments from the
Encroachment Area, in the event of an emergency or public necessity; and, the applicant, to
the extent of their respective interests therein, shall bear all costs and expenses of such
removal.
3. The temporary encroachments shall terminate upon notice by the City to the applicant and,
within thirty (30) days after such notice is given, the temporary encroachments must be
removed from the encroachment area by the applicant and the applicant will bear all costs
and expenses of such removal.
4. The City shall have the right to remove the encroachment in the event of an emergency or
public necessity or public safety; Grantee shall bear all costs and expenses.
5. The applicant shall indemnify and hold harmless the City, its agents and employees from
and against all claims, damages, losses and expenses, including reasonable attorney's fees
in case it shall be necessary to file or defend an action arising out of the location or
existence of the temporary encroachments.
6. Nothing herein contained shall be construed to enlarge the permission and authority to
permit the maintenance or construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit the maintenance and
construction of any encroachment by anyone other than the applicant.
7. The applicant agrees to maintain the temporary encroachments so as not to become
unsightly or a hazard.
8. There shall be no open cut of the public roadway allowed, expect under extreme
circumstances. Requests for exceptions must be submitted to the Highway Operations
Division, Department of Public Works, for final approval.
9. The applicant must obtain a permit from the Planning Department prior to commencing
any construction.
June 14, 2011
-37 -
Item V.K.10.a.
ORDINANCES/RESOLUTIONS ITEM # 61000 (Continued)
10. The applicant must obtain and keep in force all-risk property insurance and general
liability or such insurance as is deemed necessary by the City, and all insurance policies
must name the City as additional named insured or loss payee, as applicable. The
applicant also agrees to carry comprehensive general liability insurance in an amount
not less than $500, 000.00 combined single limits of such insurance policy or policies. The
applicant will provide endorsements providing at least thirty (3 0) days written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The applicant assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachments.
11. The temporary encroachments must conform to the minimum setback requirements, as
established by the City.
12. Nothing shall limit, or deny, in any manner, the City's access to water and sanitary sewer
lines.
13. The applicant must submit for review and approval, a survey of the Encroachment Area,
certified by a registered professional Engineer or a licensed Land Surveyor, and/or "as
built" plans of the Temporary Encroachment sealed by a registered professional Engineer,
if required by either the City Engineer's Office or the Engineering Division of the Public
Utilities Department.
14. The City, upon revocation of such authority and permission so granted, may remove the
temporary encroachments and charge the cost thereof to the applicant and collect the cost
in any manner provided by law for the collection of local or state taxes; may require the
applicant to remove such temporary encroachments; and, pending such removal, the City
may charge the applicant for the use of such portion of the City's right-of-way encroached
upon the equivalent of what would be the real property tax upon the land so occupied if it
were owned by the applicant; and if such removal shall not be made within the time
specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such temporary encroachments are allowed
to continue thereafter; and, shall collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, 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
ay:
None
Council Members Absent:
William R. "Bill " DeSteph and Rosemary Wilson
June 14, 2011
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF THE CITY
6 RIGHT-OF-WAY KNOWN AS
7 CROATAN ROAD AND VIRGINIA
8 DARE DRIVE, FOR PROPERTY
9 OWNER TIMOTHY D. MOODY
10
11 WHEREAS, Timothy D. Moody desires to maintain an existing fountain and to
12 construct and maintain an irrigation line, sliding gate, 1" conduit for low voltage lighting,
13 1" gate valve, 1" PVC irrigation water line, 4" X 4" gate key pad, and low voltage
14 landscape lighting within the City's right-of-way known as Croatan Road and Virginia
15 Dare Drive, in the City of Virginia Beach, Virginia; and
16
17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
is Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
19 City's right-of-way subject to such terms and conditions as Council may prescribe.
20
21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Timothy D. Moody, his heirs,
25 assigns and successors in title are authorized to maintain an existing temporary
26 encroachment for a fountain and to construct and maintain an irrigation line, sliding
27 gate, 1" conduit for low voltage lighting, 1" gate valve, 1" PVC irrigation water line, 4" X
28 4" gate key pad, and low voltage landscape lighting within the City's right-of-way as
29 shown on the map marked Exhibit "A" and entitled: "ENCROACHMENT INTO
30 CROATAN ROAD & VIRGINIA DARE DRIVE, LOT 16 & PARCEL A 573 VIRGINIA
31 DARE DRIVE GPIN: 2426-29-7201 & 2426-29-5231 CROATAN BEACH (M.B.37,
32 PG.11) VIRGINIA BEACH, VIRGINIA Date: 10/13/09 Revised: 09/09/10 Scale: 1" =
33 50'," a copy of which is on file in the Department of Public Works and to which reference
34 is made for a more particular description; and
35
36 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
37 subject to those terms, conditions and criteria contained in the Agreement between the
38 City of Virginia Beach and Timothy D. Moody (the "Agreement"), which is attached
39 hereto and incorporated by reference; and
40
41 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
42 is hereby authorized to execute the Agreement; and
43
44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
45 time as Timothy D. Moody and the City Manager or his authorized designee executes
46 the Agreement.
47
48 Adopted by the Council of the City of Virginia Beach, Virginia, on the _1_4±_h__ day
49 Of June , 2011.
CA -11651
R-1
PREPARED: 5/24/11
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
1
NA RMEYER,
ASS T NT CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 19th day of May, 2011, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and TIMOTHY D. MOODY, HIS HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or
parcel of land designated and described as "Lot 16" and "PARCEL A", as shown on that
certain plat entitled: "RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS
ANNE CO, VA SCALE V = 100' JUNE, 1954, prepared by C. A. BAMFORTH, C L S.,"
and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia in Map Book 37, at page 11, and being further designated, known, and
described as 573 Virginia Dare Drive, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to maintain an existing fountain
and to construct and maintain an irrigation line, sliding gate, 1" conduit for low voltage
lighting, 1" gate valve, 1" PVC irrigation water line, 4" X 4" gate key pad, and low voltage
landscape lighting, collectively, the "Temporary Encroachment", in the City of Virginia
Beach; and
GPIN: (CITY RIGHT-OF-WAY — NO GPIN REQUIRED OR ASSIGNED)
2426-29-7201-0000; (573 Virginia Dare Drive, Lot 16) &
2426-29-5231-0000; (573 Virginia Dare Drive, PARCEL A)
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
City right-of-way known as Croatan Road and Virginia Dare Drive, the "Encroachment
Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled:
"ENCROACHMENT INTO CROATAN ROAD & VIRGINIA
DARE DRIVE, LOT 16 & PARCEL A 573 VIRGINIA DARE
DRIVE GPIN: 2426-29-7201 & 2426-29-5231 CROATAN
BEACH (M.B.37, PG.11) VIRGINIA BEACH, VIRGINIA Date:
10/13/09 Revised: 09/09/10 Scale: 1" = 50'," a copy of 'which
is attached hereto as Exhibit "A" and to which reference is
made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
2
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee agrees that
no open cut of the public roadway will be allowed except under extreme circumstances.
Requests for exceptions must be submitted to the Highway Operations Division,
Department of Public Works, for final approval.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Department of Planning prior to commencing any construction within
the Encroachment Area (the "Permit").
3
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that nothing shall limit or
deny in any manner the City's access to water and sanitary sewer lines.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered professional engineer, if required
by either the City Engineer's Office or the Engineering Division of the Department of
Public Utilities.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
rd
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Timothy D. Moody, the said Grantee, has
caused this Agreement to be executed by his signature. Further, that the City of Virginia
Beach has caused this Agreement to be executed in its name and on its behalf by its
City Manager and its seal be hereunto affixed and attested by its City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2011, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2011, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
Notary Registration Number:
My Commission Expires:
0
Notary Public
(SEAL)
By
Timothy D. Moody, Owner
STATE OF V6t
CITYfE-AtH f OF A(; Q ,'' n & 01 -CA, , to -wit:
The foregoing instrument was acknowledged before me this del day of
, 2011, by
a• Ho
r 316555
0813112()14
of \060? 0
NOTARY Pv
Notary Registration Number:
Timothy D. Moody
31�5�5
,,Lj0C1'a1 1� SEAL)
Notary Public
My Commission Expires:) (�1
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
MEYER,
ASSISTANT CITY ATTORNEY
7MIP, 01�
'.
Nt
t,! J
4'k4"
GAT E
KEY PAD
`uTH °p
M UTAM R. PVCHM
Lic. No. 2288
011012010
SUPO e-AAy
a `` R /Alfitl DARE DRI VH
ER[ s£Co�A+u Rano% (50- R/M) (t.B..J7, PG. I?)
dote: 10/13/09 revised. 09/09/10 Pro9 210'0269
no.
tile: 210-0269.dwg tech: WJW
project: WT 'M A PARCIL A
578 VIRGM DARE DRIVE
GIM 2416-28-?= 12426-29-6131
CROATAN BEACH(M.13.37, PG.11)
VIMWA BF_ACR VIRCIM
is 757.431,1041
wpisite•com scole: Browing tale: ENCROACHMENT INTO
2 �za 1'' ` ' ( CROATAN ROAD & VIRGINIA DARE DRIVE
Timothy D. Moody 573 Va Dare road
- - -- VA DARE ROAD -
Scope of work:
Install 471f of 5' high black ELITE commercial grade ornamental gates with arched design. Install
120' gate at croatan road side of property and 127' gate at the va Dare side of property with 2 slide
gate operators. All post secured in concrete.
1. Gates: Black 5' high with arched top
2. Post: 4' square with flat top caps set in concrete.
3. Operators: 1 per gate
4. Photobeams: 1 per gate
5. Entry key pad: 1 with concrete pedestal pad
6. Gate entry transmitters: 6 each
7. Fire Boa: 1 city accessible key boa
8. Concrete pads: 2 each for gate operators
9. Include all incidental materials for complete installation
OPTION Install automatic entry loops in concrete driveway.
Q
a�
1 .0
m
w
r
M
N
LON
� 7 1
to
N
O N
r�
U
aD
CL
0
L
CL
ED = U
-38 -
Item V K.10. b.
ORDINANCES/RESOLUTIONS ITEM # 61001
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to AUTHORIZE temporary encroachments into portions of City -owned
property:
DENZIL and SUSAN POORE to maintain an existing bulkhead, boatlift and wood deck;
and construct and maintain a floating dock at 2313 Leeward Shore Drive (DISTRICT 5 —
LYNNHAVEN);
The following conditions shall be required:
1. The temporary encroachments shall be constructed and maintained in accordance with the
laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance
with the City's specifications and approval.
2. Nothing herein shall prohibit the City from immediately removing, or ordering the
Applicant to remove, all, or any part, of the Temporary Encroachments from the
Encroachment Area, in the event of an emergency or public necessity; and, the applicant, to
the extent of their respective interests therein, shall bear all costs and expenses of such
removal.
3. The temporary encroachments shall terminate upon notice by the City to the applicant and,
within thirty (30) days after such notice is given, the temporary encroachments must be
removed from the encroachment area by the applicant and the applicant will bear all costs
and expenses of such removal.
4. The City shall have the right to remove the encroachment in the event of an emergency or
public necessity or public safety; Grantee shall bear all costs and expenses.
5. The applicant shall indemnify and hold harmless the City, its agents and employees from
and against all claims, damages, losses and expenses, including reasonable attorney's fees
in case it shall be necessary to file or defend an action arising out of the location or
existence of the temporary encroachments.
6. Nothing herein contained shall be construed to enlarge the permission and authority to
permit the maintenance or construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit the maintenance and
construction of any encroachment by anyone other than the applicant.
7. The applicant agrees to maintain the temporary encroachments so as not to become
unsightly or a hazard.
June 14, 2011
-39 -
Item V.K.10.b.
ORDINANCES/RESOLUTIONS ITEM# 61001 (Continued)
8. The applicant must obtain a permit from the Planning Department prior to commencing
any construction.
9. The application must make a $578.00 payment to the Department of Planning as
compensation for the typically required fifteen (15 )foot wide riparian buffer area that
cannot be established on the property; said buffers are a standard condition for shoreline
encroachments. Said payment is equal to partial cost of plant material which will be used
to restore buffer areas on other City -owned property.
10. The applicant must obtain and keep in force all-risk property insurance and general
liability or such insurance as is deemed necessary by the City, and all insurance policies
must name the City as additional named insured or loss payee, as applicable. The
applicant also agrees to carry comprehensive general liability insurance in an amount
not less than ,$500, 000.00 combined single limits of such insurance policy or policies. The
applicant will provide endorsements providing at least thirty (3 0) days written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The applicant assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachments.
11. The temporary encroachments must conform to the minimum setback requirements, as
established by the City.
12. The City, upon revocation of such authority and permission so granted, may remove the
temporary encroachments and charge the cost thereof to the applicant and collect the cost
in any manner provided by law for the collection of local or state taxes; may require the
applicant to remove such temporary encroachments; and, pending such removal, the City
may charge the applicant for the use of such portion of the City's right-of-way encroached
upon the equivalent of what would be the real property tax upon the land so occupied if it
were owned by the applicant; and if such removal shall not be made within the time
specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such temporary encroachments are allowed
to continue thereafter; and, shall collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes
Voting.- 9-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, 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 Absent:
William R. "Bill" DeSteph and Rosemary Wilson
June 14, 2011
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF CITY
6 PROPERTY KNOWN AS HARBOR
7 CANAL LOCATED AT THE REAR OF
8 2313 LEEWARD SHORE DRIVE, FOR
9 PROPERTY OWNERS DENZIL
10 POORE AND SUSAN POORE
11
12 WHEREAS, Denzil Poore and Susan Poore desire to maintain an existing
13 bulkhead, boatlift and wood deck and to construct and maintain a floating dock, into City
14 property know as Harbor Canal located at the rear of 2313 Leeward Shore Drive, in the
15 City of Virginia Beach, Virginia; and
16
17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
19 City's property subject to such terms and conditions as Council may prescribe.
20
21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Denzil Poore and Susan
25 Poore, their heirs, assigns and successors in title are authorized to construct and
26 maintain temporary encroachments for an existing bulkhead, boatlift and wood deck and
27 to construct and maintain a floating dock into City property as shown on the map
28 marked Exhibit "A" and entitled: "EXHIBIT A ENCROACHMENT OF PROPOSED
29 FLOATING DOCK, EX. WOOD DECK, EX. BULKHEAD & EX. BOATLIFT FOR DENZIL
30 & SUSAN POORE LOT 217, SECTION TWO, BAY ISLAND SCALE: 1" = 30' SHEET: 1
31 DATE: 01-24-2011," a copy of which is on file in the Department of Public Works and to
32 which reference is made for a more particular description; and
33
34 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
35 subject to those terms, conditions and criteria contained in the Agreement between the
36 City of Virginia Beach and Denzil Poore and Susan Poore (the "Agreement"), which is
37 attached hereto and incorporated by reference; and
38
39 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
40 is hereby authorized to execute the Agreement; and
41
42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
43 time as Denzil Poore and Susan Poore and the City Manager or his authorized
44 designee executes the Agreement.
45
46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day
47 of June , 2011.
R-1
PREPARED: 5/19/11
APPROVED AS TO CONTENTS
P66LIC WORKS, REAL ESTATE
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
QA, YER,
T CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 18th day of May, 2011, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and DENZIL POORE and SUSAN POORE,
husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee",
even though more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or
parcel of land designated and described as "Lot 217", as shown on that certain plat
entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA.
LYNNHAVEN MAGISTERIAL DISTRICT Scale: 1" = 100' October, 1958, prepared by
FRANK D. TARRALL, JR. & ASSOCIATES SURVEYORS & ENGINEERS NORFOLK,
VA. — VIRGINIA BEACH, VA. — PRINCESS ANNE COURTHOUSE, VA.," and said plat
is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia in Map Book 48, at page 15A, and being further designated, known, and
described as 2313 Leeward Shore Drive, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to maintain an existing
bulkhead, boatlift and wood deck and to construct and maintain a floating dock,
collectively, the "Temporary Encroachment", in the City of Virginia Beach; and
GPIN: (NO GPIN REQUIRED OR ASSIGNED TO CITY PROPERTY KNOWN AS
HARBOR CANAL)
2409-09-8991-0000; (2313 Leeward Shore Drive)
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
City property known as Harbor Canal, the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the
Temporary Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT A
ENCROACHMENT OF PROPOSED FLOATING DOCK, EX.
WOOD DECK, EX. BULKHEAD & EX. BOATLIFT FOR
DENZIL & SUSAN POORE LOT 217, SECTION TWO, BAY
ISLAND SCALE: 1" = 30' SHEET: 1 DATE: 01-24-2011," a
copy of which is attached hereto as Exhibit "A" and to which
reference is made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
2
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Department of Planning prior to commencing any construction within
the Encroachment Area (the "Permit").
It is further expressly understood and agreed that the Grantee shall make
a FIVE HUNDRED SEVENTY EIGHT DOLLAR ($578.00) payment, payable to the City
Treasurer, to the Department of Planning as compensation for the typically required 15 -
foot -wide riparian buffer area that cannot be established on the property of the Grantee;
91
said buffers are a standard condition of the City for shoreline encroachments. Said
payment is equal to partial cost of plant material which will be used to restore buffer
areas on other City -owned property.
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
!I
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Denzil Poore and Susan Poore, the said
Grantees, have caused this Agreement to be executed by their signatures. Further, that
the City of Virginia Beach has caused this Agreement to be executed in its name and on
its behalf by its City Manager and its seal be hereunto affixed and attested by its City
Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
G
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2011, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
(SEAL)
The foregoing instrument was acknowledged before me this day of
, 2011, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
Notary Registration Number:
My Commission Expires:
L
Notary Public
(SEAL)
MF -AW,
C
STATE OF
CITY/eOtft OF LyjR&"&I �to-wit:
Susan Poore, Owner
The foregoing instrument was acknowledged before me this day of
&kll 2011,
7
by Denzil Poore
IDWO
W ry Publ
"ate
Notary Registration Number:
L
STATE OF /J) op-,` &aL
CITY/Ge44� OF i , to -wit:
My Commission Expires
(SEAL)
The foregoing instrument was acknowledged before me this day of
J&9 2011, by Susan Poore.
Notary Registration Number:
7
My Commission Expires:
(SEAL)
APPROVED AS TO CONTENTS
�8' C .�tv1Sa1
S16NATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
ARMEYER,
ASST ANT CITY ATTORNEY
HARBOR
CANAL
LA. puu.,�w.
HARBOR CANAL CITY OF VI GINIA 9FkH All
3
----Ees
FFL0D°-- � PROPOSED FLOATING DOCK
a
257G OF WATERWAY EX. BULKHEAD, EX. BOATLIFT
_ " A EX. WOOD DECK.
MrILW AND MHW REACH
EX. BULKHEAD
EX. BULKHEAD I"` i
� o EX. 80A7UF7
83'27'SSi' E
TURF
TURF K•
/�/f \/.//`/•\
EXISTING BUFFER
EXISTING BUFFER
TURF POOL �/ / `//�: /j . �, • \ ISTA�G BUFFER
//� j
TURF/\\//\
:WOOD
1. DECK
\//
zxw
2 STY. BR. & FR.
#2313
, • •1
.. CONS. • ,,
. DRIVE i' #
8
'• r n
r
94
•
APO 1
N/F JACK LANE JR.
2309 LEEWARD SHORE DR.
DENZIL & SUSAN POORE
APO 2
'+ N/F LISA MIACKLY
t
2317 LEEWARD SHORE DR.
(PN, 2409 19 0633
GP I: °24M4)94191
i GPM 2409 09 7975
�,
LOT 218
INSTRUMENT /: 2007G42700570T40
• LOT 216
M.B. 48 PG. 16
► .
PIN (F)PIN
r
R-478. 25' A=1 11. 65'
F
I )
_�---
_
LEEWARD SHORE DRIVE o 30' 1" 30' W
__�
APPLICATION BY:
EXHIBIT A
ENCROACHMENT OF PROPOSED
DEN2lL A SUSAN POORE
FLOATING DOCK, EX. WOOD DECK,
2313 LEEWARD SHORE DRIVE
E D
WARDBEAC
EX. BULKHEAD L EX. BOATLIFT
VIRGINIA VA
FOR
SHEET: 1
GPIN #: 2409-09-8991
Dom- & SUSAN POORE
LOT 217, SECTION TWO, BAY ISLAM
DATE: 01-24.2011
11
I
:b
4
I
a
Q
-40 -
Item V.KIO.c.
ORDINANCES/RESOLUTIONS ITEM # 61002
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED
INDEFINITELY, BY CONSENT.•
Ordinance to AUTHORIZE temporary encroachments into portions of City -owned
property:
E.L. CREECH, III to maintain an existing wood fence, shrubs and a timber planting bed
at 103 501" Street (DISTRICT 5 — LYNNHAVEN
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, 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 Absent:
William R. "Bill" DeSteph and Rosemary Wilson
June 14, 2011
-41 -
Item V.K.10.d.
ORDINANCES/RESOLUTIONS ITEM # 61003
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to AUTHORIZE temporary encroachments into portions of City -owned
property:
ROTE, L.C. to erect and maintain overhead light strings at 615 Atlantic Avenue
(DISTRICT 6 — BEACH);
The following conditions shall be required:
1. The temporary encroachments shall be constructed and maintained in accordance with the
laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance
with the City's specifications and approval.
2. Nothing herein shall prohibit the City from immediately removing, or ordering the
Applicant to remove, all, or any part, of the Temporary Encroachments from the
Encroachment Area, in the event of an emergency or public necessity; and, the applicant, to
the extent of their respective interests therein, shall bear all costs and expenses of such
removal.
3. The temporary encroachments shall terminate upon notice by the City to the applicant and,
within thirty (30) days after such notice is given, the temporary encroachments must be
removed from the Encroachment Area by the applicant and the applicant will bear all costs
and expenses of such removal.
4. The City shall have the right to remove the encroachment in the event of an emergency or
public necessity or public safety; Grantee shall bear all costs and expenses.
5. The applicant shall indemnify and hold harmless the City, its agents and employees from
and against all claims, damages, losses and expenses, including reasonable attorney's fees
in case it shall be necessary to file or defend an action arising out of the location or
existence of the temporary encroachments.
6. Nothing herein contained shall be construed to enlarge the permission and authority to
permit the maintenance or construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit the maintenance and
construction of any encroachment by anyone other than the applicant.
7. The applicant agrees to maintain the temporary encroachments so as not to become
unsightly or a hazard.
June 14, 2011
-42 -
Item V.K.10.d.
ORDINANCESIRESOL UTIONS ITEM # 61003 (Continued)
8. The applicant must submit and have approved a Traffic Control Plan before commencing
work.
9. There shall be no open cut of the public roadway allowed, except under extreme
circumstances. Requests for exceptions must be submitted to the Highway Operations
Division, Department of Public Works, for final approval.
10. The applicant must obtain a permit from the Planning Department prior to commencing
any construction.
11. The application must, prior to issuance of a right-of-way/utility easement permit, post a
bond or other security, in the amount of two (2) times their Engineer's cost estimate to the
Department of Planning to guard against damage to City property or facilities during
construction.
12. The applicant must obtain and keep in force all-risk property insurance and general
liability or such insurance as is deemed necessary by the City, and all insurance policies
must name the City as additional named insured or loss payee, as applicable. The
applicant also agrees to carry comprehensive general liability insurance in an amount
not less than $500, 000.00 combined single limits of such insurance policy or policies. The
applicant will provide endorsements providing at least thirty (3 0) days written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The applicant assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachments.
13. The temporary encroachments must conform to the minimum setback requirements, as
established by the City.
14. The applicant must submit for review and approval, a survey of the Encroachment Area,
certified by a registered professional Engineer or a licensed Land Surveyor, and/or "as
built" plans of the Temporary Encroachment sealed by a registered professional Engineer,
if required by either the City Engineer's Office or the Engineering Division of the Public
Utilities Department.
15. The City, upon revocation of such authority and permission so granted, may remove the
temporary encroachments and charge the cost thereof to the applicant and collect the cost
in any manner provided by law for the collection of local or state taxes; may require the
applicant to remove such temporary encroachments; and, pending such removal, the Ciry
may charge the applicant for the use of such portion of the City's right-of-way encroached
upon the equivalent of what would be the real property tax upon the land so occupied if it
were owned by the applicant; and if such removal shall not be made within the time
specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such temporary encroachments are allowed
to continue thereafter; and, shall collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes
June 14, 2011
-43 -
Item V.K.10.d.
ORDINANCES/RESOLUTIONS ITEM # 61003 (Continued)
Voting: 8-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., and
James L. Wood
Council Members Voting Nay:
h�h3-
Council Members Abstaining:
John E. Uhrin
Council Members Absent:
William R. "Bill" DeSteph and Rosemary Wilson
Councilman Uhrin DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), re Item K.10 (d)
ROTB, L.C. to erect and maintain overhead light strings at 615 Atlantic Avenue . Councilman Uhrin is
executing this written disclosure regarding City Council's discussion and vote on an Ordinance to
approve an encroachment into the City -owned right-of-way at 7'h Street, Chix Sea Grill and Bar, which is
located at 701 Atlantic Avenue, and he may realize a benefit or detriment as a result of City Council's
vote on this item. Councilman Uhrin has a personal interest in this transaction because he is an employee
of Burlage Management Corporation, which is located at 801 Atlantic Avenue. Chix Sea Grill and Bar is
an affiliate of Burlage Management Corporation. Councilman Uhrin wishes to disclose this interest and
abstain from voting on this matter. Councilman Uhrin's correspondence of May 17, 2011, is hereby
made apart of the record.
June 14, 2011
JOHN E. UHRIN
COUNCILMAN - DISTRICT 6 - BEACH
In Reply Refer to File No.: 0044184
City of Virgirzia Beach
May 17, 2011
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Dear Mrs. Fraser:
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E)
VBgov.com
PHONE: (757) 491-9388
JUHRIN@VBGOV.COM
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 an ordinance to approve an encroachment into the City -owned right-of-
way at 7`h Street. Chix Sea Grill and Bar, which is located at 701 Atlantic
Avenue, may realize a benefit or detriment as a result of the Council's vote on this
item.
2. I have a personal interest in this transaction because I am an employee of Burlage
Management Corporation, which is located at 801 Atlantic Avenue in Virginia
Beach. Chix Sea Grill and Bar is an affiliate of Burlage Management
Corporation.
3. I wish to disclose this interest and abstain from voting on this matter.
Accordingly, I respectfully request that you record this declaration in the official records
of City Council.
515 DELAWARE AVENUE, VIRGINIA BEACH, VIRGINIA 23451
Mrs. Ruth Hodges Fraser -2- May 17, 2011
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E)
Thank you for your assistance and cooperation in this matter.
Sincerely,
John E. Uhrin
Councilmember
JEU/DRH
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF THE CITY
6 RIGHT-OF-WAY KNOWN AS 7TH
7 STREET, LOCATED AT 615 ATLANTIC
8 AVENUE, FOR ROTB, L.C.
9
10 WHEREAS, ROTB, L.C., a Virginia limited liability company, desires to erect and
11 maintain overhead light strings, 14" high and approximately 52' 6" across within the
12 City's right-of-way known as 7th Street and Atlantic Avenue, located at 615 Atlantic
13 Avenue, in the City of Virginia Beach, Virginia; and
14
15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
17 City's right-of-way subject to such terms and conditions as Council may prescribe.
18
19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, ROTB, L.C., its assigns and
23 successors in title are authorized to erect and maintain temporary encroachments for
24 overhead light strings, within the City's right-of-way as shown on the map marked
25 Exhibit "A" and entitled: "`Exhibit A' Encroachment Request for ROTB, L.C. Proposed
26 Lights - 7th Street Corridor SCALE: 1" = 20'," a copy of which is on file in the Department
27 of Public Works and to which reference is made for a more particular description; and
28
29 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
3o subject to those terms, conditions and criteria contained in the Agreement between the
31 City of Virginia Beach and ROTB, L.C. (the "Agreement"), which is attached hereto and
32 incorporated by reference; and
33
34 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
35 is hereby authorized to execute the Agreement; and
36
37 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
38 time as ROTB, L.C. and the City Manager or his authorized designee executes the
39 Agreement.
40
41 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 4thday
42 of ,T„ n P )2011.
CA -11704
R-1
PREPARED: 5/13/11
APPROVED AS TO CONTENTS
LIC WORKS, REAL ESTATE
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
i
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 17th day of May , 2011, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and ROTB, L.C., a Virginia limited liability
company, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even
though more than one.
W ITN ESS ET H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or
parcel of land designated and described as "SECTION 2", as shown on that certain plat
entitled: "PLAT OF THE OCEAN LOT INVESTMENT CO. VIRGINIA BEACH, VA.
SCALE 1" = 100' JULY 1, 1922, prepared by S. M. Simpson L. E.," and said plat is
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia
in Map Book 6, at page 263, and being further designated, known, and described as
615 Atlantic Avenue, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to erect and maintain overhead
light strings, 14' high and approximately 52'6" across, the "Temporary Encroachment",
in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
City right-of-way known as 7th Street, the "Encroachment Area"; and
GPIN: (CITY RIGHT-OF-WAY — NO GPIN REQUIRED OR ASSIGNED)
2427-23-9658-0000; (615 Atlantic Avenue)
�ti
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "`Exhibit A'
Encroachment Request for ROTB, L.C. Proposed Lights - 7tn
Street Corridor, SCALE: 1" = 20'," said exhibit plat consists
of nine (9) sheets, copies of which are attached hereto as
Exhibit "A", and to which reference is made for a more
particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee agrees that
no open cut of the public roadway will be allowed except under extreme circumstances.
Requests for exceptions must be submitted to the Highway Operations Division,
Department of Public Works, for final approval.
It is further expressly understood and agreed that prior to issuance of a
right-of-way/utility easement Permit, the Grantee must post a bond or other security, in
the amount of two times their engineer's cost estimate, to the Department of Planning to
guard against damage to City property or facilities during construction.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Department of Planning prior to commencing any construction within
the Encroachment Area (the "Permit")
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered professional engineer, if required
by either the City Engineer's Office or the Engineering Division of the Department of
Public Utilities.
It is further expressly understood and agreed that, the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, the said ROTB, L.C., a Virginia limited liability
company, has caused this Agreement to be executed on its behalf by, Robert M.
Howard,
Chief Investment Officer
("CIO"),
Professional Hospitality
Resources,
Inc.,
Member
of ROTB, L.C. Further,
that the
City of Virginia Beach
has caused
this
Agreement to be executed in its name and on its behalf by its City Manager and its seal
be hereunto affixed and attested by its City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2011, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
(SEAL)
The foregoing instrument was acknowledged before me this day of
, 2011, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
Notary Registration Number:
My Commission Expires:
6
Notary Public
(SEAL)
ROTB, L.C.,
a Virginia limited liability company
By (SEAL)
Ro'bBrPM. Howard, CIO
Professional Hospitality Resources,
Inc., Member of ROTB, L.C.
STATE OF M.0 • r*
&4to-wit:
The foregoing instrument was acknowledged before me this )(,z2 day of
r�1 ±4 , 2011, by Robert M. Howard, CIO of Professional Hospitality
Resources, Inc., Member of ROTB, L.C.
(SEAL)
Notary Public
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
VA
Notary Registration Number: C20 -)'S?-
�� ��•'' NOTARY
- PUBLIC
REG. #237343:
My Commission Expires: 6cP-9 ��/
MYcOMMISSION
EXPIRES Q
oLTH
����rrrrrr►����
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
VA
APPROVED AS TO CONTENTS
SI NATURE
pit, RSI Ucfz
DEPARTMENT
E:3
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
A R. ER,
ASSIST NT CITY ATTORNEY
U L
J 0
00 'L
F- L
0 U
O N
Q N N
+� N —C
jE
X p[ 4-JW a- S
4A
N J
E -a
iN
U N
m O
0 Q
U O
W
�E
Lc
a
a� c
t
m
Z '
fD m
� X
O r+
o D
N
fD
CL
r
Oro
N
w
.,
x
(D
O
UQ
O
Q
w
a
S
AfN
ibbbbbb-
CU
f/U
CD
u
It
I1 ,
CNw � •
�aaaaaaaaa:♦a �.aaaaaaaa.
IS '
J„ 1 , •' •
u " •
ID
Pal
„ •
1
1]
Pp
o
5
m��Z
�
�
Z
P
N
_
"o
)
W�
O
_R
7Cz
No
NR
Z�
�
N..JE
i
��
CA -0
rr
r �
CU
f/U
CD
u
It
I1 ,
CNw � •
�aaaaaaaaa:♦a �.aaaaaaaa.
IS '
J„ 1 , •' •
u " •
ID
Pal
„ •
1
1]
CS
no
Z
cl .�
Zz
=� =c
s m
�5c)pz
�C)
$ z
m�
z
n
m�
a c�
M
.r
Wz
5
N
tat
cc
r �
P
l j
Oul�r
rn
TYR..4 G -p
510 ye !i
ty �iZ►
Y 3.
1
4
I.
0
w g
T
`° r
CD
CL
m `GCL
co
�
C
x
.
0
CD
n
.a
cn
�D
T
(D
U!
G:
m
z
0
m
z
o
m 0
�cDi�mDr
CD
2
CD
m
N
p
W
C
(D
0)
wCl)WZ
-ic
1
O
A
Q
N
o„°0m
O
N
l
O
Imo_
y
rt
<D
CD
rF
C
x
.
0
CD
n
Tl
^ r
T
(D
U!
G:
m
z
0
D
m
z
o
m 0
�cDi�mDr
<
Q
Nps =O
-n ;
r
p
•p
'4O
N
-4 M 0
wCl)WZ
-ic
o
Q
N
o„°0m
°'mj>
c
C
CD
m
cn
3
x
I
�
y
rt
<D
CD
rF
z
.
'.0
^ r
1
-44 -
Item V.K 11 a -d
ORDINANCESIRESOL UTIONS ITEM # 61004
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinances to ACCEPT, APPROPRIATE and TRANSFER:
a. $75,000 to the Clerk of the Circuit Court's FY2010-11 and FY 2011-12 Budgets to
fund the Court's electronic recording system maintenance contract
b. $152, 000 from the Department of Criminal Justice to the Police for equipment to
prevent and respond to potential terrorist acts
c. $126,230 within CIP accounts for the Fire Training Center improvements, Phase III
d. $13, 000 from the FY2010-11 Public Libraries for renovations to the Leroy Drive
Records Storage facility
Voting: 9-0 (By Consent)
Council Members Voting Aye.-
Rita
ye:
Rita Sweet Bellitto, Glenn R. Davis, 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
ay:
None
Council Members Absent:
William R. "Bill" DeSteph and Rosemary Wilson
June 14, 2011
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
AN ORDINANCE TO APPROPRIATE FUNDS TO THE FY
2010-11 AND FY 2011-12 OPERATING BUDGET OF THE
CLERK OF THE CIRCUIT COURT TO PROVIDE
ADDITIONAL FUNDING FOR THE ELECTRONIC
RECORDING SYSTEM MAINTENANCE CONTRACT
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, THAT:
1. $75,000 of revenue from copying charges is appropriated, with estimated
revenue increased accordingly, to the FY 2010-11 Operating Budget of the Clerk
of the Circuit Court for the maintenance of the electronic recording system; and
2. $75,000 of revenue from copying charges is appropriated, with estimated
revenue increased accordingly, to the FY 2011-12 Operating Budget of the Clerk
of the Circuit Court for the maintenance of the electronic recording system,
effective July 1, 2011.
Adopted by the Council of the City of Virginia Beach, Virginia on the 1 Atr day
of ,J,,,n, 2011.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
Management Services
CA11895
R-1
May 31, 2011
APPROVED AS TO LEGAL
SUFFICIENCY:
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS
2 FROM THE 2010 STATE HOMELAND SECURITY GRANT
3 PROGRAM TO THE POLICE DEPARTMENT FOR
4 EQUIPMENT TO PREVENT AND RESPOND TO POTENTIAL
5 ACTS OF TERRORISM
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8 That $152,000 is hereby accepted from the U.S. Department of Homeland Security
9 through the Department of Criminal Justice Services and appropriated, with estimated
10 federal revenue increased accordingly, to the FY 2010-11 Operating Budget of the Police
11 Department for the purchase of equipment to prevent and respond to potential acts of
12 terrorism.
Adopted by the Council of the City of Virginia Beach, Virginia on the 1 4th day
Of June 2011.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
Management Services
CA11896
R-1
June 1, 2011
APPROVED AS TO LEGAL SUFFICIENCY:
Cit i4y
's Office
1
2
3
4
5
6
7
8
9
10
11
12
AN ORDINANCE TO TRANSFER FUNDS FROM CIP #3-
118, FIRE TRAINING CENTER IMPROVEMENTS, TO CIP
#3-133, FIRE TRAINING CENTER IMPROVEMENTS,
PHASE III
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
$126,230 is hereby transferred from CIP # 3-118, Fire Training Center
Improvements, to CIP #3-133, Fire Training Center Improvements, Phase III, to
consolidate funding for future expansion and improvements planned for the Fire
Training Center.
Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day
of June , 2011.
APPROVED AS TO CONTENT: APPOROVED AS TO LEGAL SUFFICIENCY:
Management Services c_Ci �r 's Office
CA11882
R-1
May 19, 2011
1
2
3
4
5
6
7
8
9
10
AN ORDINANCE TO TRANSFER FUNDS FOR THE LEROY
DRIVE RECORDS STORAGE FACILITY SHELVING
PROJECT
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the $13,000 in available appropriations are hereby transferred within the
Library Operating Budget in order to complete the Leroy Drive Records Storage Facility
Shelving Project.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 t:h day
Of Tum- - , 2011.
APPROVED AS TO CONTENT
Management Services
CA11886
R-1
May 23, 2011
APPROVED AS TO LEGAL SUFFICIENCY:
Cid s Mice
-45 -
Item V.K.12.
ORDINANCES/RESOL UTIONS ITEM # 61005
ADDED
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT.•
Ordinances re Compensation effective 7/1/11:
City Manager
City Attorney
City Auditor
City Assessor
City Clerk
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, 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 Absent:
William R. "Bill " DeSteph and Rosemary Wilson
June 14, 2011
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY MANAGER
3
4 WHEREAS, City Council has evaluated the performance of the City Manager;
5 and
6
7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9
10 1. That, effective July 1, 2011, the annual salary of the City Manager, which
11 is currently $219,715.07, shall be increased by 2.5%.
12
13 2. That the City's contribution to the City Manager's deferred compensation
14 plan shall remain at $20,500 annually.
15
16 3. That the car allowance of the City Manager shall remain at $12,000
17 annually.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th
day of Junes , 2011.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's O
CA11918
R-1
June 14, 2011
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY
3 ATTORNEY
4
5 WHEREAS, City Council has evaluated the performance of the City Attorney;
6 and
7
8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10
11 1. That, effective July 1, 2011, the annual salary of the City Attorney, which
12 is currently $185,000, shall be increased by 2.5%.
13
14 2. That the City's contribution to the City Attorney's deferred compensation
15 plan shall remain at $10,000 annually.
16
17 3. That the car allowance of the City Attorney shall remain at $10,000
18 annually.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 141-h
day of June , 2011.
APPROVED AS TO LEGAL
SUFFICIENCY:
eti L
City Attorney's O ' e
CA11917
R-1
June 14, 2011
1
2
3
4
5
6
7
8
9
10
11
12
13
AN ORDINANCE PERTAINING TO
THE COMPENSATION OF THE CITY
AUDITOR
WHEREAS, City Council has evaluated the performance of the City Auditor; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That, effective July 1, 2011, the annual salary of the City Auditor, which is
currently $96,000, shall be increased by 2.5%.
2. That the car allowance of the City Auditor shall remain at $6,000 annually.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th
day of ,lune , 2011.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's O 1 e
CA11916
R-1
June 14, 2011
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY REAL
3 ESTATE ASSESSOR
4
5 WHEREAS, City Council has evaluated the performance of the City Real Estate
6 Assessor; and
7
8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10
11 1. That, effective July 1, 2011, the annual salary of the City Real Estate
12 Assessor, which is currently $120,683.77, shall be increased by 2.5%.
13
14 2. That the City shall continue to contribute $4,000 to the City Real Estate
15 Assessor's deferred compensation plan.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th
day of uaac T____ , 2011.
v
APPROVED AS TO LEGAL
SUFFICIENCY:
G
City Attorney's O ce
CA11914
R-1
June 14, 2011
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY CLERK
3
4 WHEREAS, City Council has evaluated the performance of the City Clerk; and
5
6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
8
9 1. That, effective July 1, 2011, the annual salary of the City Clerk, which is
10 currently $104,075.74, shall be increased by 2.5%.
11
12 2. That the car allowance of the City Clerk shall remain at $10,000 annually.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th
day of June , 2011.
APPROVED AS TO LEGAL
SUFFICIENCY:
je,��
City Attorney's O e
CA11915
R-1
June 14, 2011
V -L.
PLANNING
1. OCEAN BREEZE HOLDINGS LLC
-46-
ITEM # 61006
2. EASY DOES IT RIDING ACADEMY, INC /
MALINDA SCOTT
3. CITY OF VIRGINIA BEACH
CONDITIONAL CHANGE OF ZONING
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
AMEND the City Zoning Ordinance
(CZO) Sections 103 and 106 re notice to
property owners of certain decisions
June 14, 2011
-47 -
Item V Ll.
PLANNING ITEM # 61007
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION Items 1, 2 and 3 OF THE PLANNING BY CONSENT AGENDA:
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, 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 Absent:
William R. "Bill" DeSteph and Rosemary Wilson
June 14, 2011
BUM
Item Ll.a/b.
PLANNING ITEM # 61008
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED AS
PROFFERED/CONDITIONED, BY CONSENT, Ordinances upon Applications of OCEAN BREEZE
HOLDINGS LLC at 849 General Booth Boulevard
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
OCEAN BREEZE HOLDINGS, LLC, Change of Zoning District
Classification P-1 Preservation to Conditional B-2 Community
Business, 849 General Booth Blvd (GPIN 2416659680). Comprehensive
Plan — Suburban Area BEACH DISTRICT.
The following conditions shall be required:
1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is
hereby made apart of the proceedings.
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
OCEAN BREEZE HOLDINGS, LLC, Conditional Use Permit, outdoor
recreation facility (Water Park), 849 General Booth Blvd (GPIN
2416659680).
(DISTRICT 6 — BEACH): RO61137476
The following conditions shall be required:
Before any land disturbance occurs on the site, the applicant shall submit a Landscape Plan
to the Current Planning Division of the Planning Department for review and approval. The
plan shall depict the existing natural characteristics of the site. Healthy plant material
within the site shall be preserved and integrated into an effective landscape design. Clearing
in this area shall be confined to the absolute minimum to accommodate the proposed
facility.
2. All lighting should be low level and directed toward the interior of the Park.
The hours of operation are restricted from 10: 00 A.M. to 10: 00 P. M., except Memorial Day
through Labor Day and on holidays and weekends, closing shall be at Midnight.
4. There will be no public address system, other than for background music and emergency
announcements, no recreational use of Owls Creek associated with this park and no outdoor
concerts.
5. No rock concerts or loud music performances will be permitted.
June 14, 2011
-49 -
Item Ll.a/b.
PLANNING ITEM # 61008 (Continued)
These Ordinances shall be effective in accordance with Section 107 (fi of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth day of June, Two
Thousand Eleven
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, 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 Absent:
William R. "Bill " DeSteph and Rosemary Wilson
June 14, 2011
In Reply Refer To Our File No. DF -7973
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: June 2, 2011
TO: Mark D. Stiles DEPT: City Attorney
FROM: B. Kay Wilso4p DEPT: City Attorney
RE: Conditional Zoning Application; Ocean Breeze Holding, LLC
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on June 14, 2011. 1 have reviewed the subject proffer agreement, dated
February 1, 2011 and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ka
Enclosure
cc: Kathleen Hassen
Document Prepared By:
Troutman Sanders LLP
222 Central Park Avenue, Suite 2000
Virginia Beach, VA 23462
AGREEMENT
S+'
THIS AGREEMENT is made as of this r day ofb , 201 I , by and
between OCEAN BREEZE HOLDINGS, LLC, a Delaware limiteA liability company
("Grantor", to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be
indexed as grantee).
WITNESSETH:
WHEREAS, Grantor is the current owner of that parcel located in the City of Virginia
Beach, Virginia identified as GPIN No. 2416-65-9680-0000 (the "Property"), which is more
particularly described on the attached Exhibit A. and
WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification
of the Property from P-1 to Conditional B-2; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including mixed-use purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses
conflict, and that in order to permit differing uses on and in the area of the subject Property and at
the same time to recognize the effects of the change and the need for various types of uses,
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned B-2 are needed to cope with
the situation to which the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed conditional amendment to the
Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the
existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the
physical development, operation and use of the Property to be adopted as a part of said
amendment to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which are generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the Property
GPIN NOs.: 2416-65-9680-0000
covered by such conditions; provided, however, that such conditions shall continue despite a
subsequent amendment if the subsequent amendment is part of the comprehensive implementation
of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these
conditions are amended or varied by written instrument recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the
subject Property at the time of recordation of such instrument; provided, further, that said
instrument is consented to by the Grantee in writing as evidenced by a certified copy of the
ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other
successors in title or interest, voluntarily and without any requirement by or exaction from the
Grantee or its governing body and without any element of compulsion of Quid pro quo for zoning,
rezoning, site plan, building permit or subdivision approval, hereby make the following declaration
of conditions and restrictions which shall restrict and govern the physical development, operation
and use of the Property and hereby covenant and agree that these proffers (collectively, the
"Proffers") shall constitute covenants running with the said Property, which shall be binding u0on
the Property and upon all parties and persons claiming under or through the Grantor, its heirs,
personal representatives, assigns, grantees and other successors in interest or title, namely:
1. The uses on the Property shall be limited to a theme amusement or recreational
water park.
2. Further conditions lawfully imposed by applicable development ordinances may be
required by the Grantee during detailed site plan and/or subdivision review and administration of
applicable City Codes by all cognizant City agencies and departments to meet all applicable City
Code requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
The Grantor covenants and agrees that. (1) the Zoning Administrator of the City of
Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing
body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such conditions,
and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including
mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or
proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of
any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any
decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO
or this Agreement, the Grantor shall petition the governing body for the review thereof prior to
2
instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on
the map the existence of conditions attaching to the zoning of the subject Property on the map
and that the ordinance and the conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Department of Planning and that
they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia and indexed in the name of the Grantor and Grantee.
[Remainder of Page Intentionally Left Blank.
3
Separate Signatures Page to Follow.]
IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the
date first written above.
GRANTOR:
OCEAN BREEZE HOLDINGS, LLC,
a Delaware limited liability company
COMMONWEALTH/ST*TE OF VS6(�J )'k
CITY/G94WF-'i= OF q SGC 'Jkft e*:_; , to -wit:
The foregoing instrument was acknowledged before me this day of
ict13iK - `( , 201_, by uE [C -g ra , who is personally known to
me or has produced N4 -LL uA identification in his capacity as
V tCC FVLESID0,rk of Ocean Breeze Holdings, LLC, on behalf of the company.
My Commission
Registration No.
[NOTARIAL SE
Notary Public
n
Exhibit A
Legal Description
ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia
Beach, Virginia, and being known and designated as "Parcel 4 Area: 47,697 Sq. Ft. 1.09498
Acres GPIN 2416-65-9680" as shown on that certain plat titled "Plat Showing Subdivision of
Property of the City of Virginia Beach Map Book 267, Pages 73 & 74 and Inst. No.
200410200167423 for the City of Virginia Beach, Virginia," dated January 14, 2005 and recorded
as Instrument Number 20060110000053890.
412759v1 5
t
-50 -
Item L2.
PLANNING ITEM # 61009
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, Ordinance upon Application of EASY DOES IT
RIDING ACADEMY, INC./MALINDA SCOTT for a Conditional Use Permit re a riding academy and
horse boarding at 3581 Muddy Creek Road (DISTRICT 7 — PRINCESS ANNE)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
EASY DOES IT RIDING ACADEMY, INC./MALINDA SCOTT,
Conditional Use Permit riding academy/horse boarding, 3581 Muddy
Creek Road (GPIN 2422122422).
(DISTRICT 7 - PRINCESS ANNE) RO61137477
The following conditions shall be required:
The site shall be in substantial conformance with the submitted marked -up survey entitled,
"Physical Survey of Lot 'C -A-2, Subdivision of Property of Noil II. Nicholson Et UX", by
Harold C. Warren and signed on April 28, 1995. Existing buildings, housing animals and
corrals in which animals are kept or assembled in concentrated groups, are not required to
meet the 100 foot setback.
No more than twelve (12) horses and fifteen (15) individuals shall be on the premises at any
one given time.
Hours of operation shall be from Monday through Sunday, 8:00 A.M. until dark, but not
later than 8: 00 P. M.
4. All lighting on the site shall be directed inward and shall not spill over onto adjoining
properties.
No outside speakers or sound systems shall be permitted.
6. The site is limited to horse boarding, riding lessons, and tours of the site. There shall be no
horse shows, polo matches or similar types of events.
These conditions shall remain in effect as long as the horse boarding facility is in operation.
The majority of the parking area may remain unpaved, however, the parking area shall
satisfy all requirements of the Americans with Disabilities Act
These Ordinances shall be effective in accordance with Section 107 (fl of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth day of June, Two
Thousand Eleven
June 14, 2011
-51 -
Item L2.
PLANNING ITEM # 61009 (Continued)
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, 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 Absent:
William R. "Bill " DeSteph and Rosemary Wilson
June 14, 2011
-52 -
Item V L.3.
PLANNING ITEM # 61010
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance upon Application of CITY OF VIRGINIA BEACH to AMEND the City Zoning
Ordinance (CZO) Sections 103 and 106 re notice to property owners of certain decisions
This Ordinance shall be effective in accordance with Section 107 (0 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth day of June, Two
Thousand Eleven
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, 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 Absent:
William R. "Bill" DeSteph and Rosemary Wilson
June 14, 2011
1 AN ORDINANCE TO AMEND SECTIONS 103 AND
2 106 OF THE CITY ZONING ORDINANCE
3 PERTAINING TO NOTICE TO PROPERTY OWNERS
4 OF CERTAIN DECISIONS
5
6 Sections Amended: §§ 103 and 106
7
8 WHEREAS, the public necessity, convenience, general welfare and good zoning
9 practice so require;
10
11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13
14 That Sections 103 and 106 of the City Zoning Ordinance is hereby amended and
15 reordained to read as follows.-
16
ollows:16
17 ARTICLE 1. GENERAL PROVISIONS.
18
19 Sec. 103. Administration.
20
21 (a) The zoning administrator shall have all necessary authority on behalf of the
22 city council to administer and enforce this ordinance, including the ordering in writing of
23 the remedying of any condition found in violation of this ordinance, and the bringing of
24 legal action to ensure compliance with this ordinance, including injunction, abatement or
25 other appropriate action or proceeding authorized by this ordinance or the laws of this
26 state.
27 ....
28
29 (1) The zoning administrator shall provide written notice to the owner of any
30 real property that is the subject of a request for a written order, requirement, decision, or
31 determination of the zoninq administrator. Such notice shall be given by the zoning
32 administrator or by the applicant on forms provided by the zoning administrator within
33 ten (10) days of the date of the request. Such notice mailed to the owner at the last
34 known address of the owner as shown on the current real estate tax assessment
35 records shall satisfy the notice requirement.
36
37 Sec. 106. Appeals and variances.
38
39 (a) The board of zoning appeals shall hear and decide appeals from any order,
40 requirement, decision, or determination made by an administrative officer in the
41 administration or enforcement of this ordinance. An appeal shall be filed with the zoning
42 administrator, and include the grounds of appeal, within thirty (30) days of the date of
43 the decision appealed, unless the notice of violation involves temporary or seasonal
44 commercial uses, parking of commercial trucks in residential zoning districts, or similar
45 short-term recurring violations, in which case the appeal period is ten (10) days from the
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
date of the notice of violation. All decisions not timely appealed shall be final and
unappealable. In addition thereto, the board shall have such other powers and duties as
are set forth in Section 15.2-2309 of the Code of Virginia; provided, however, that the
board shall have no authority to hear and decide applications for conditional use
permits, and provided further, that written notice as prescribed in Section 15.2-2204 of
the Code of Virginia shall be given at least fifteen (15) days prior to the hearing before
the board.
(d) Any decision of the board shall be binding upon the owner of the property
which is the subject of such appeal only if the owner of such property has been provided
notice in accordance with section 103 (1). Actual notice by the owner or active
participation in the decision of the board shall waive the owner's right to challenge the
validity of the board's decision because of the failure of the owner to receive notice.
This ordinance shall take effect on July 1, 2011.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of
June, 2011.
Sim
Item M.1
APPOINTMENTS ITEM # 61011
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BAYFRONT ADVISORY COMMITTEE
COMMUNITY SER VICES BOARD
EASTERN VIRGINIA MEDICAL SCHOOL
HISTORICAL REVIEW BOARD
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
TOWING ADVISORY BOARD
June 14, 2011
-54 -
Item M.2
APPOINTMENTS ITEM # 61012
Upon NOMINATION by Vice Mayor Jones, City Council:
APPOINTED:
C. Cheyney Cole, Jr.
4 Year Term 7/1/11— 6/30/15
ARTS and HUMANITIES COMMISSION
REAPPOINTED:
Rose P. Daria
Brian A. Kirwin
4 Year Term 7/1/11— 6/30/15
ARTS and HUMANITIES COMMISSION
Voting: 9-0
Council Members Voting Aye.-
Rita
ye:Rita Sweet Bellitto, Glenn R. Davis, Harry K 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
ay:None
Council Members Absent:
William R. "Bill" DeSteph and Rosemary Wilson
June 14, 2011
-55 -
Item M.3.
APPOINTMENTS ITEM # 61013
Upon NOMINATION by Vice Mayor Jones, City Council.
APPOINTED:
L. Arthur Jones
3 Year Term 7/1/11-6/30/14
BEACHES AND WATERWAYS COMMISSION
REAPPOINTED:
Kenneth D. Jobe
3 Year Term 7/1/11-6/30/14
BEACHES AND WATERWAYS COMMISSION
Voting: 9-0
Council Members Voting Aye.-
Rita
ye:Rita Sweet Bellitto, Glenn R. Davis, 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 Absent:
William R. "Bill " DeSteph and Rosemary Wilson
June 14, 2011
-56 -
Item M.4.
APPOINTMENTS ITEM # 61014
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Bruce N. Doyle
Eugene W. Hansen
3 Year Term 7/1/11-6/30/14
BIKEWAYS and TRAILS ADVISORY COMMITTEE
Voting: 9-0
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, 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
ay:None
Council Members Absent:
William R. "Bill" DeSteph and Rosemary Wilson
June 14, 2011
-57 -
Item M.5.
APPOINTMENTS ITEM # 61015
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Chief James A. Cervera
3 Year Term 7/1/11-6/30/14
CHESAPEAKE BAYALCOHOL SAFETYACTIONS PROGRAM
Voting: 9-0
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, 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 Absent:
William R. "Bill" DeSteph and Rosemary Wilson
June 14, 2011
-58 -
Item M. 6.
APPOINTMENTS ITEM # 61016
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Robert M. Dyer
Barbara M. Henley
James K. Spore
2 Year Term 7/1/11— 6/30/13
HAMPTON ROADS PLANNING DISTRICT COMMISSION
Voting: 9-0
Council Members Voting Aye.-
Rita
ye:Rita Sweet Bellitto, Glenn R. Davis, 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
ay:
None
Council Members Absent:
William R. "Bill " DeSteph and Rosemary Wilson
June 14, 2011
sum
Item M. 7.
APPOINTMENTS ITEM # 61017
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Teresa Stanley
Unexpired thru 3/31/13
Michael Makela
3 Year Term 7/1/11— 6/30/13
HUMAN RIGHTS COMMISSION
Voting: 9-0
Council Members Voting Aye.-
Rita
ye:Rita Sweet Bellitto, Glenn R. Davis, 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
ay:None
Council Members Absent:
William R. "Bill" DeSteph and Rosemary Wilson
June 14, 2011
Item M. 8.
APPOINTMENTS ITEM # 61018
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Richard L. "Tuck" Bowie
Wanda J. Cooper
Daniel H. Brockwell
William J. "Bill" Brunke, IV
Brad D. Martin
Barry C. Ezell
David Browning
Osmay Torres
PROCESS IMPROVEMENT STEERING COMMITTEE
Voting: 9-0
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, 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 Absent:
William R. "Bill" DeSteph and Rosemary Wilson
June 14, 2011
-61 -
Item M.9.
APPOINTMENTS ITEM # 61019
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Thomas H. Wilson
4 Year Term 7/1/11— 6130115
TIDEWATER COMMUNITY COLLEGE BOARD
Voting: 9-0
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, 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 Absent:
William R. "Bill" DeSteph and Rosemary Wilson
June 14, 2011
-62 -
Item M.10.
APPOINTMENTS ITEM # 61020
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Mark Schnaufer
2 Year Term 7/1/11— 6/30/13
TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS
Voting: 9-0
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, 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
ay:None
Council Members Absent:
William R. "Bill" DeSteph and Rosemary Wilson
June 14, 2011
-63 -
Item O.
ADJOURNMENT ITEM # 61021
Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:52 P.M.
Beverly O. Hooks, CMC
Chief Deputy City Clerk
Ruth Hodges Fraser, MMC
City Clerk
City of Virginia Beach
Virginia
-----------------------------
William D. Sessoms, Jr.
Mayor
OPEN DIALOGUE ADJOURNED AT 7:07 P.M
June 14, 2011
-64 -
PUBLIC DIALOGUE
PUBLIC NUISANCE AND ABORTION
Christine Ross, 5557 New Colony Drive, Phone: 905-1835, three-year resident of Virginia Beach. She
visits the Abortion Mill known as Virginia Beach Woman's Body Center each week. Her purpose is to
save lives and dissuade homicidal parents to cease killing their children through abortion. The United
States has killed 52.7 -Million babies through abortion, which is more than the entire population of
Canada, comprised of 34 -Million. HLI also states that 10% of the White and 28% of the Black United
States Population has perished through abortion. The Division of Certificate of Public Need recommends
denial of VBHC, LLC's request to establish an outpatient surgical hospital with two general purpose
operating rooms. Correspondence is hereby made apart of the record.
Leigh Gorski, 429 Woodlake Road, Phone: 615-2516, a Member of Hampton Roads for Life and resident
of Virginia Beach. In 2010, the Pro Life Community came before City Council on several occasions to
request preventing the opening of a 13,000 square foot Planned Parenthood Abortion Clinic on Newtown
Road. 10, 615 signatures from Hampton Roads residents supporting the request were presented. Planned
Parenthood has petitioned the State Board of Health to approve a Certificate of Public Need to add two
(2) operating rooms and classes their facility as an "outpatient surgical hospital". These would allow
the performance of second trimester abortions. On May Nineteenth, the Division of Certificate of Public
Need recommended their request be denied. The State Commissioner of Health will make the final
decision. Please present your support of this Denial in writing on official City Letterhead.
BIKE SAFETY — SHORE DRIVE
Bill Conoscenti, 1268 Parkside Place, Phone: 496-3489, Vice President — Tri -Car Cycling Club and a
resident of Virginia Beach for eighteen (I8) years. Jim Dunham, 2207 Maple Street, Phone: 496-3294,
belongs to the same organization and was in attendance. The members are law abiding, taxpaying
citizens and are a cross section of the community i.e. attorneys, nurses, doctors, teachers. The members
comprise one of more than a `half dozen cycling clubs located in Virginia Beach.
Jim Dunham, 2207 Maple Street, Phone: 496-3294, victim of a "hit and run " accident on May Third,
while riding his bike on Shore Drive. He suffered nine (9) broken ribs, a broken color bone, three (3)
cracked vertebrae and a broken pelvis. Mr. Dunham has lived and biked in Virginia Beach since 1979.
This is not a bike friendly city. Mr. Dunham referenced the City's Bikeways and Trail Plan adopted by
the City Council April 2011. One of the major goals was for the City to achieve "bicycle friendly" status
by 2017. Mr. Dunham requested this document be better known to the general public. He does not believe
many people are aware of the City's stand on road cycling in Virginia Beach.
Steven Zeligman, 1633 Waff Road 23464, Phone: (757) 285-9065, Virginia Beach resident for the last
nine (9) years, President of Tidewater Bicycle Association for the last three (3) years, and Vice President
the year prior. Mr. Zeligman requested assistance for their company to communicate relative bike safety
and sharing roads. Mr. Zeligman requested the City expedite the implementation of the new Bikeways and
Trails Plan and launch a public service campaign re sharing roads. Mr. Zeligman recommended that a
bicycle safety campaign be launched as part of the Virginia Beach City Schools Drivers Education
Program for High Schools.
ZONING ISSUE
Clinton Davis, spoke re a zoning issue a six (6) acre survey. He wishes to hold the farm, clean it up and
bring under farm management, as well as utilize as a home. Information re the case is hereby made apart
of the record. Mr. Davis insists a City employee's error caused his problem.
June 14, 2011
-65 -
PUBLIC DIALOGUE
CHANGE IN CITY MEAL TAX
John Coffren, 2208 Welsh Drive, Phone: 676-2173, Owner of Bliss Bakery, a small business opened in
October 2008. Through hard work and determination, the business has been relatively successful The
small business is growing and providing income for ten (10) people, as well as serving as a tax generator
for the City. Mr. Coffren calculates their payroll will top $350, 000 sometime next year. Since opening,
Bliss Bakery has been subjected to a new State levy, one that the City does not control, a regressive tax
that unfairly burdens small businesses from the State Department of Agriculture. There was no tax their
first year. The tax during their second year was $45 and this year, the third year, has risen to $100. The
City Code recently approved now requires the business to collect meals sales tax on a customer
purchasing less than six bakery items. Hot meals are prepared upon order. Mr. Coffren was told this is a
new requirement because their items are not packaged. The City Attorney will provide a report
concerning this item and contact Mr. Coffren. (Said Report from City Attorney Mark Stiles is hereby
made apart of the record)
June 14, 2011
-63 -
Item O.
ADJOURNMENT ITEM # 61021
Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:52 P.M.
/0
--- ---------�_-------' -
Beverly . Hooks, CMC
Chief Deputy City Clerk
uth Hodges Fra�MC,
City Clerk
City of Virginia Beach
Virginia
------------
William D. Sessoms, Jr.
Mayor
CII�11�`LIJ/lS/I�lll UaL/1#111 0PY51v iff1YB��UI
June 14, 2011