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HomeMy WebLinkAboutJUNE 28, 2011 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 RITA SWEET BELL1770, At -Large GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M DYER, Centerville - District I BARBARA M HENI.EY, Princess Anne - District 7 JOHN E. UHRIN, Beach -- District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITYMANAGER -JAMES K. SPORE CITYATTORNEY-MARKD. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR-1,YNDON S. REMIAS CITY CLERK - RU'T'H HODGES FRASER, MMC I. CITY COUNCIL BRIEFING CITY COUNCIL AGENDA 28 JUNE 2011 - Conference Room - 1. CITY COUNCIL REDISTRICTING PLANS Bruce Brace, President, Election Data Services, Inc. 2. HUMAN RIGHTS COMMISSION Annual Report Fay Silverman, Chair 3. PROCESS IMPROVEMENT COMMITTEE Councilman Bob Dyer Chairman Richard "Tuck" Bowie II. CITY MANAGER'S BRIEFING 1. ANIMAL CARE and ADOPTION CENTER IMPROVEMENTS Chief James Cervera 2. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director - Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE. (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 2:00 PM 4:30 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Randy Singer, Pastor Trinity 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. PUBLIC HEARING 1. LEASE OF CITY PROPERTY 1719 Virginia Beach Boulevard I. CONSENT AGENDA June 14, 2011 J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. ADD Article III to Chapter 18 re Business License Incentive Program for New Business b. ADD §§5-103-5-105 recreation of the Animal Control Unit Advisory Board c. §23-43 re Trespassing after having been forbidden to do so d. §14-1 re Illegal Gambling definitions e. §§38-3 and 38-4 re discharge and possession of Firearms, Air Guns, etc. f. §§ 6-5 and 6-12 re Animals on beaches 2. Resolution to DIRECT that a Petition for a Writ of Special Election to fill the City Council Member At -Large be filed with the Circuit Court 3. Resolution to RESUME preparation of a "Rolling" Biennial Budget, beginning with the FY2012-13 Budget process 4. Ordinance to AUTHORIZE an Agreement with the United Football League (UFL) for temporary and permanent improvements to the Sportsplex Resolution to CLARIFY the duties, composition and terms of the Energy Advisory Committee 6. Ordinance to APPOINT Viewers for one-year terms beginning July 1, 2011, to view any proposed street or alleyway closures 7. Ordinance to DIRECT the City Manager develop a program for prequalification of non - transportation related construction contracts valued between $100,000 and $500,000 8. Resolution to designate reductions of $2,666,120 in State Aid to Localities re State Recordation Taxes and Police Departments (HB -599) 9. Ordinance to allow the following Emergency Medical Services (EMS) vehicles to operate within the City a. Eastern Shore Ambulance b. American Lifeline Medical Transport, Inc. c. Mid -Atlantic Regional Ambulance, Inc. d. CHKD Transport Team e. Special Event Provides of Emergency Medicine f. Nightingale Regional Air Ambulance g. Lifeline Ambulance Service, Inc. h. Life Evac Virginia i. Eagle Medical Transports j. Medical Transport, LLC 10. Ordinance to AUTHORIZE a temporary encroachment into a portion of City -owned property for NINO and SAMANTHA LOGAN to construct and maintain a bulkhead, pier and boatlift into Harbor Canal at 2333 Leeward Shore Drive (DISTRICT 5 — LYNNHAVEN) 11. Ordinance to ALLOW use of $11,767 of FY 2012 Budget funds for the Sheriff and a total of $82,007 for Master Deputies to supplant State reimbursements for participants of these programs 12. Ordinance to AMEND the FY 2011-12 Budget of the Department of Housing and Neighborhood Preservation to reflect reductions in Federal funding 13. Ordinances to APPRORIATE: a. $135,000 to the City Treasurer re purchase of mail processing equipment and office renovation b. Funding to hire a Contractual Clerk in the City Treasurer's office to address a backlog of Code Enforcement Liens c. $74,000 from the U.S. Department of Criminal Justice Services to Police re purchase of vests and mobile license plate readers re response to Acts of Terrorism d. $900 to Fire Station 7 and $200 to Fire Station 10 from the City's Fire Gift Fund re amenities at the stations e. TRANSFER $159,921 re moving the GrowSmart program from the Department of Libraries to the Department of Economic Development K. PLANNING 1. Application of MILITARY AVIATION MUSEUMNIRGINIA BEACH AIRPORT, LLC for Modification of a Conditional Use Permit (approved on January 9, 2007) at 1341 Princess Anne Road (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION 2. Applications of SUKHWINDER BHARJ at 5792 Northampton Boulevard (DISTRICT 4 — BAYSIDE) a. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) b. Conditional Use Permit re mini warehouse storage RECOMMENDATION APPROVAL 3. Application of CITY OF VIRGINIA BEACH for the closure, of a public right-of-way at 2201 Elson Green Avenue and 2077 Princess Anne Road with conveyance to David B. and Luke H. Hill (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION L. APPOINTMENTS BAYFRONT ADVISORY COMMITTEE COMMUNITY SERVICES BOARD EASTERN VIRGINIA MEDICAL SCHOOL HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE TOWING ADVISORY BOARD APPROVAL M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL RETREAT FRIDAYAUGUST 5, 2011 8:00 - 5:00 P.M. ECONOMIC DEVELOPMENT CONFERENCE ROOM NATIONAL NIGHT OUT OCTOBER 4, 2011 I. CITY COUNCIL BRIEFINGS - Conference Room - 1. CITY COUNCIL REDISTRICTING PLANS Bruce Brace, President, Election Data Services, Inc. 2. HUMAN RIGHTS COMMISSION Annual Report Fay Silverman, Chair 3. PROCESS IMPROVEMENT COMMITTEE Councilman Bob Dyer Chairman Richard "Tuck" Bowie II. CITY MANAGER'S BRIEFINGS 1. ANIMAL CARE and ADOPTION CENTER IMPROVEMENTS Chief James Cervera 2. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director - Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW 2:00 PM V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Randy Singer, Pastor Trinity Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 14, 2011 G. FORMAL SESSION AGENDA H. PUBLIC HEARING 1. LEASE OF CITY PROPERTY 1719 Virginia Beach Boulevard PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City -owned property on Tuesday, June 28, 2011, at 6:00 p.m. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease the following parcel: 5,992 sq. ft. of land located at 1719 Virginia Beach Blvd. (Part of GPIN: 2407- 75-7657) If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing Impaired, call TDD 711 (TDD - Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Management Services - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center. The Facilities Management Office telephone number is (757) 385-5659. Ruth Hodges Fraser, MMC City Clerk Beacon June 19, 2011 22496395 I. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. ADD Article III to Chapter 18 re Business License Incentive Program for New Business b. ADD §§5-103-5-105 recreation of the Animal Control Unit Advisory Board c. §23-43 re Trespassing after having been forbidden to do so d. §14-1 re Illegal Gambling definitions e. §§38-3 and 38-4 re discharge and possession of Firearms, Air Guns, etc. f. §§ 6-5 and 6-12 re Animals on beaches 2. Resolution to DIRECT that a Petition for a Writ of Special Election to fill the City Council Member At -Large be filed with the Circuit Court 3. Resolution to RESUME preparation of a "Rolling" Biennial Budget, beginning with the FY2012-13 Budget process 4. Ordinance to AUTHORIZE an Agreement with the United Football League (UFL) for temporary and permanent improvements to the Sportsplex 5. Resolution to CLARIFY the duties, composition and terms of the Energy Advisory Committee 6. Ordinance to APPOINT Viewers for one-year terms beginning July 1, 2011, to view any proposed street or alleyway closures 7. Ordinance to DIRECT the City Manager develop a program for prequalification of non - transportation related construction contracts valued between $100,000 and $500,000 8. Resolution to designate reductions of $2,666,120 in State Aid to Localities re State Recordation Taxes and Police Departments (HB -599) 9. Ordinance to allow the following Emergency Medical Services (EMS) vehicles to operate within the City a. Eastern Shore Ambulance b. American Lifeline Medical Transport, Inc. c. Mid -Atlantic Regional Ambulance, Inc. d. CHKD Transport Team e. Special Event Provides of Emergency Medicine f. Nightingale Regional Air Ambulance g. Lifeline Ambulance Service, Inc. h. Life Evac Virginia i. Eagle Medical Transports j Medical TransportLLC 10. Ordinance to AUTHORIZE a temporary encroachment into a portion of City -owned property for NINO and SAMANTHA LOGAN to construct and maintain a bulkhead, pier and boatlift into Harbor Canal at 2333 Leeward Shore Drive (DISTRICT 5 — LYNNHAVEN) 11. Ordinance to ALLOW use of $11,767 of FY 2012 Budget funds for the Sheriff and a total of $82,007 for Master Deputies to supplant State reimbursements for participants of these programs 12. Ordinance to AMEND the FY 2011-12 Budget of the Department of Housing and Neighborhood Preservation to reflect reductions in Federal funding 13. Ordinances to APPRORIATE: a. $135,000 to the City Treasurer re purchase of mail processing equipment and office renovation b. Funding to hire a Contractual Clerk in the City Treasurer's office to address a backlog of Code Enforcement Liens c. $74,000 from the U.S. Department of Criminal Justice Services to Police re purchase of vests and mobile license plate readers re response to Acts of Terrorism d. $900 to Fire Station 7 and $200 to Fire Station 10 from the City's Fire Gift Fund re amenities at the stations e. TRANSFER $159,921 re moving the GrowSmart program from the Department of Libraries to the Department of Economic Development IOt 7 �'ut X51 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Article III to Chapter 18 of the City Code Pertaining to a Business License Incentive Program for New Businesses MEETING DATE: June 28, 2011 ■ Background: The 2011 City Council Legislative Agenda included an item requesting the General Assembly provide the City with increased flexibility in Business, Occupational, and Professional License (BPOL) taxation for new businesses. The General Assembly and Governor have provided this authority in 2011 Acts of Assembly, Chapter 25. In the FY 2011-12 Budget process, the City Manager was directed to assemble a committee ("Committee") to provide input on the development of a BPOL Incentive Program ("Program"). The Committee included Councilmembers Davis and Wilson, the Commissioner of the Revenue, City staff, and representatives from the Office of the City Attorney. ■ Considerations: The attached ordinance was crafted utilizing the input of the Committee. The ordinance provides for a flat rate ($50) business license tax to be paid by a qualifying new business that locates to the City after the effective date of the Program. The ordinance includes a number of qualification requirements that should allow for this Program to benefit business creation without becoming a tax loophole. The Program will be administered by the Commissioner of the Revenue. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Approval ■ Attachments: Ordinance REQUESTED BY COUNCILMEMBERS DAVIS AND WILSON REQUESTED BY COUNCILMEMBERS DAVIS AND WILSON 1 AN ORDINANCE TO ADD ARTICLE III TO CHAPTER 18 2 OF THE CITY CODE PERTAINING TO A BUSINESS 3 LICENSE INCENTIVE PROGRAM FOR NEW 4 BUSINESSES 5 6 SECTIONS ADDED: 18-201; 18-202; 18-203; 18-204; 18- 7 205; 18-206; 18-207; and 18-208 8 9 WHEREAS, the City asked the General Assembly in its 2011 Legislative 10 Package to provide authority for the City to provide a business license incentive to 11 encourage new businesses; 12 13 WHEREAS, the General Assembly has provided authority for the City to provide 14 a business license incentive program to encourage new businesses; 15 16 WHEREAS, the City Council desires to provide relief in the form of a Business 17 License Incentive Program for new businesses to reduce the local tax burdens of 18 businesses that locate in the City; 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That in furtherance of the above -stated desire and intent of the City Council, 24 Article 111 of Chapter 18 of the Code of the City of Virginia Beach is hereby set forth as 25 follows: 26 27 ARTICLE III BUSINESS LICENSE INCENTIVE PROGRAM FOR NEW BUSINESSES 28 29 Section 18-201. Purpose and Intent. 30 31 The city council finds that the development of its business tax base requires a 32 business license incentive program for new businesses ("Incentive Program"), and 33 determines that a reduction in the business license taxes for qualifying new businesses 34 will foster business development and encourage entrepreneurialism. 35 36 Section 18-202. Administration. 37 38 This article shall be administered and enforced by the commissioner of the 39 revenue. 40 41 Section 18-203. Effective Date. 42 43 This article shall be effective January 1, 2012. 44 45 Section 18-204. Definitions. 46 47 For purposes of this article the following words shall have the meanings ascribed 48 to them in this section: 49 50 Quaffying Business shall mean a business that locates for the first time in the city after 51 the effective date of this article A business shall not be deemed to locate in the city for 52 the first time based on a merger, acquisition similar business combination, name 53 change or a change in business form. A business shall not be deemed to locate in the 54 city for the first time if there is an existing business in the city trading under the same or 55 substantially similar business name the businesses conduct similar business activities, 56 and the businesses are related either by a shared ownership structure or a contractual 57 relationship such as a franchisor/franchisee relationship. A Qualifying Business shall 58 not include peddlers and itinerant merchants. A Qualifying Business shall not include a 59 contractor required to obtain a business license by section 58.1-3715(B) of the Code of 60 Virginia When applying for any benefit afforded under this article, the applicant shall 61 have the burden of provingqualification as a Qualifying Business. 62 63 Merger shall mean the combination of two or more existing businesses to establish a 64 new business. 65 66 Acquisition shall mean the combination of two or more existinq businesses where one 67 business acquires the ownership of the other business(es). 68 69 Similar Business Combination shall mean any transaction that is of the same nature as 70 a merger or an acquisition. 71 72 Name Change shall mean the change in the name upon which a business trades. A 73 Name Change occurs whether or not the business registers such name or change of 74 name with the State Corporation Commission. 75 76 Change in Business Form shall mean a change in the organization of an existing 77 business A Change in Business Form occurs whether such change is voluntary or 78 involuntary, recognized by the State Corporation Commission or not recognized by the 79 State Corporation Commission. A Change in Business Form shall include a new 80 business entity that meets the definition of "Affiliated Group," as that term is defined in 81 section 58.1-3700.1 of the Code of Virginia and such business conducts business 82 activities that are similar to one or more of the affiliated businesses. However, a new 83 business entity that meets the affiliation definition but undertakes a business that 84 conducts substantially different business activities shall not be treated as a Change in 85 Business Form. 86 87 Business License Year shall mean calendar year. 88 89 Section 18-205. Presumption. 90 91 The Incentive Program is a program in the nature of a partial tax exemption. As 92 such the rule of construction provided by article X, section (f) of the Constitution of 93 Virginia shall apply. 94 95 Section 18-206. Application and Appeal. 96 97 (a) Any business seeking to qualify as a Qualifying Business shall complete an 98 application in writing The application shall be on forms developed by the 99 commissioner of the revenue. 100 101 (b) Any determination of qualification or of non -qualification as a Qualifying Business 102 shall be in writing by the commissioner of the revenue. 103 104 (c) The appeal of a determination of non -qualification shall follow the appeal process 105 of any other business license tax decision. 106 107 Section 18-207. Business License Tax Reduction. 108 109 (a) A Qualifying Business that would otherwise be required to pay license taxes 110 pursuant to City Code section 18-5.2(c) shall be entitled to pay business license 111 taxes at the $50.00 flat fee provided by City Code section 18-5.2(b). 112 113 (b) The license tax reduction provided in subsection (a) shall apply to the Business 114 License Year in which the qualifying business locates in the city and the 115 following Business License Year. 116 117 (c) A Qualifying Business shall forfeit any entitlement to the license tax reduction 118 provided in subsection (a) if such business is delinquent on any local tax 119 including but not limited to personal property taxes, real property taxes, 120 admissions taxes meals taxes, and transient occupancy taxes. 121 122 Section 18-208. Obligations of a Qualifying Business. 123 124 (a) Nothing in this article shall be construed to repeal any requirement of businesses 125 within the city to maintain records or comply with an audit by the commissioner of 126 the revenue. 127 128 (b) A Qualifying Business shall report its personal property and gross receipts to the 129 commissioner of the revenue at such times and in such manner as required by 130 law and the failure to timely report shall result in the forfeiture of any entitlement 131 to the license tax reduction provided by subsection (a) of section 18-206. Adopted by the Council of the City of Virginia Beach, Virginia on the day of ,2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: IJP � r 1 Commissio the Revenue 1 y 6"y' Office CA11881 / R-3 / June 10, 2011 ¢G�hIA B�Y rS,�•.'� yG. =i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Sections 5-103 to 5-105 to the City Code Pertaining to the Creation of the Virginia Beach Animal Control Unit Advisory Board MEETING DATE: June 28, 2011 ■ Background: The Animal Control Unit of the Police Department is comprised of two branches: enforcement and sheltering. The mission of the Unit is to balance the health, safety and welfare needs of the people and animals in our City. This ordinance would create an Animal Control Unit Advisory Board to provide recommendations to the Police Department on matters related to animal care and control activities. ■ Considerations: The board will consist of seven voting members, four non- voting members, and two non-voting City Council liaisons. The voting members will be representatives of the Virginia Beach SPCA, Friends of Virginia Beach Animal Control and the South Hampton Roads Veterinary Medical Association, plus an interested citizen who is not affiliated with any of these groups. The staff members specified in the ordinance will serve as the four non-voting members. The ordinance sets forth the board's duties and provides that the board shall submit monthly reports to City Council until six months after the opening of the new Animal Care and Control, at which time City Council will evaluate the board's work and effectiveness and consider whether changes are needed to its structure or duties. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance. Requested by Councilmembers Davis and Wilson REQUESTED BY COUNCILMEMBERS DAVIS AND WILSON 1 AN ORDINANCE TO ADD SECTIONS 5-103 TO 5-105 TO 2 THE CITY CODE PERTAINING TO THE CREATION OF 3 THE VIRGINIA BEACH ANIMAL CONTROL UNIT 4 ADVISORY BOARD 5 6 Sections Added: City Code §§ 5-103 to 5-105 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Sections 5-103 to 5-105 of the City Code are hereby added to read as 12 follows: 13 14 Sec. 5-103. Animal Control Unit Advisory Board. 15 16 (a) The Virginia Beach Animal Control Unit Advisory Board ("Advisory Board") 17 shall serve as an advisory board to the Virginia Beach Police Department and shall be 18 vested with the following duties and functions The Committee shall serve as a group of 19 interested community members who will regularly meet to provide advice to help sustain 20 and advocate for the operation of the City's Adoption -Friendly Animal Care and 21 Adoption Center ("Adoption Center") and the Animal Control Unit's enforcement efforts 22 so as to best serve the community. 23 24 (b) The Advisory Board shall support the City's animal adoption, animal 25 enforcement and animal sheltering functions and shall enhance the City's relationship 26 with animal care professionals animal advocacy groups and community members. The 27 Advisory Board shall provide vision and leadership recommendations to the Police 28 Department in order to meet the City's present and future animal care needs. 29 30 Sec. 5-104. Membership. 31 32 The Advisory Board shall consist of seven voting members and four non-voting 33 members plus two non-voting City Council liaisons. The members shall be appointed 34 by the Police Department The seven voting members shall consist of: two Virginia 35 Beach SPCA ("VBSPCA") representatives (whose names will be submitted by the 36 VBSPCA Executive Director) two Friends of Virginia Beach Animal Control ("the 37 Friends") representatives (whose names will be submitted by officers of the Friends); 38 two representatives from the external veterinary community (whose names will be 39 submitted by the South Hampton Roads Veterinary Medical Association); and an 40 interested citizen who is not affiliated with any of the above groups. The Adoption 41 Center manager, the Animal Enforcement Unit Lieutenant a representative of the 42 Virginia Beach Health Department and the Adoption Center veterinarian shall be the 43 four non-voting members and shall be appointed as permanent members of the 44 Advisory Board All voting members shall be residents of the City of Virginia Beach 45 and shall be appointed to three-year terms and subject to a term limit of three 46 consecutive three-year terms Of the initial appointments however, one of the two 47 representatives of the VBSPCA the Friends and the external veterinary community 48 shall be appointed to an initial two-year term The interested citizen who is not affiliated 49 with any of the above groups shall be appointed to a three-year term. 50 51 Sec. 5-105. Duties. 52 53 The Advisory Board shall: 54 55 (a) serve as the advisory body to the Police Department on behalf of the 56 community in matters related to animal care by serving as an independent, unbiased 57 sounding board; 58 59 (b) serve in an advisory capacity for staff, addressing mission critical service 60 topics and community outreach by helping foster positive relationships with all 61 customers; 62 63 (c) provide advisory recommendations to staff to ensure quality care for the 64 animals cared for at the Adoption Center, including: 65 66 (1) Advice regarding general animal control issues; 67 (2) Advice regarding the status of rabies in the city and the public health 68 aspect of rabies; 69 (3) Recommendations regarding animal licensing procedures and fees 70 (4) Advice regarding animal shelter operations in the city; 71 (5) Recommendations regarding field health operations; and 72 (6) Consultations with city staff and public health experts regarding animal 73 issues culminating with reports of such findings and recommendations to 74 the city manager and City Council; 75 76 (d) increase awareness of animals available for adoption at the Adoption 77 Center; 78 79 (e) increase awareness of the importance of spaying/neutering animals; 80 81 (f) educate the community regarding the humane treatment of animals and 82 other matters related to animal care responsibilities; 83 84 (g) provide a forum for public discussion of the Animal Care Unit's efforts to 85 bring about positive change and process improvement; 86 87 (h) serve as a means of communication between animal care professionals, 88 animal advocacy groups community members and municipal staff; 89 90 (i) support the Animal Control Unit in its task to provide the best possible 91 care to the animals and quality customer service to the members of the Virginia Beach 92 community: 93 94 (i) undertake proiects and activities to benefit the Animal Control Unit and the 95 community; 96 97 (k) advocate on behalf of the Animal Control Unit in the community: and 98 99 (1) provide an annual report to City Council. 100 101 102 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 103 BEACH, VIRGINIA: 104 105 (1) That the Advisory Board shall present monthly reports to City Council, 106 starting after its first meeting and continuing until six months after the opening of the 107 new Animal Care and Adoption Center. The reports may be written, or one or more 108 representatives of the Advisory Board may give a ten-minute oral report to City Council 109 during a City Council workshop or briefing session. 110 111 (2) That six months after the opening of the new Animal Care and Adoption 112 Center, City Council will review the work and effectiveness of the Advisory Board and 113 consider whether changes to structure or duties of the Advisory Board are needed. 114 115 (3) The Advisory Board shall be established thirty days after the adoption of 116 this ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2011. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA 11889 R-3 June 17, 2011 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 23-43 of the City Code Pertaining to Trespassing After Having Been Forbidden to Do So MEETING DATE: June 28, 2011 ■ Background: The General Assembly's amendment to Code of Virginia §18.2- 119, "Trespassing after having been forbidden to do so; penalties," is effective July 1, 2011 therefore City Code § 23-43 is submitted for amendment to reflect these changes. ■ Considerations: This amendment allows the agents of land owners, lessees and custodians to prohibit trespassing on specified properties and provide the required legal notice to offenders verbally, in writing or by way of posted sign. It also authorizes the posting of No Trespassing signs by or at the direction of the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Approve ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager. j k . 1 AN ORDINANCE TO AMEND SECTION 23-43 OF THE 2 CITY CODE PERTAINING TO TRESPASSING AFTER 3 HAVING BEEN FORBIDDEN TO DO SO 4 5 Section Amended: § 23-43 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 23-43 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 23-43. Trespass after having been forbidden to do so. 14 15 (a) If any person shall, without authority of law, go upon or remain upon the lands, 16 buildings or premises of another, or any part, portion or area thereof, after having 17 been forbidden to do so, either orally or in writing, by the owner, lessee, 18 custodian, or the agent of any such person, or other person lawfully in charge 19 thereof, or after having been forbidden to do so by a sign or signs posted by or at 20 the direction of such person or the agent of any such person or by the holder of 21 any easement or other right-of-way authorized by the instrument creating such 22 interest to post such signs on such lands, buildings, premises or part, portion or 23 area thereof, at a place or places where it or they may be reasonably seen, or if 24 any person, whether he is the owner, tenant or otherwise entitled to the use of 25 such land, building or premises, goes upon, or remains upon such land, building 26 or premises after having been prohibited from doing so by a court of competent 27 jurisdiction by an order issued pursuant to Virginia Code Sections 16.1-253, 16.1- 28 253.1, 16.1-278.2 through 16.1-278.6, 16.1-278.8, 16.1-278.14, 16.1-278.15, 29 16.1-279.1, 19.2-152.8, 19.2-152.9, 19.2-152.10 or an ex parte order issued 30 pursuant to Virginia Code Section 20-103, and after having been served with 31 such order, he shall be guilty of a Class 1 misdemeanor. This section shall not be 32 construed to affect in any way the provisions of Virginia Code Sections 18.2-132 33 through 18.2-136. 34 35 (b) Any owner, lessee, custodian, or person lawfully in charge of real property may, 36 in writing on a form prescribed by the chief of police, designate the police 37 department as a "person lawfully in charge thereof," as those terms are used in 38 subsection (a) of this section, for the purpose of forbidding another to go or 39 remain upon the lands, buildings or premises of such owner, lessee, custodian, 40 or person lawfully in charge. Such designation shall include a description of the 41 land(s), building(s) or premises to which it applies; shall reference the period of 42 time during which it is in effect; and shall be kept on file in the office of the chief 43 of police or in such other location within the police department as the chief of 44 police deems appropriate. 45 46 47 48 49 50 51 52 53 54 55 COMMENT This amendment allows the agents of land owners, lessees and custodians to prohibit trespassing on specified properties and provide the required legal notice to offenders verbally, in writing or by way of posted sign. It also authorizes the posting of No Trespassing signs by or at the direction of the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2011. APPROVED AS TO CONTENT Police Departmen CA11908 R-2 June 15, 2011 APPROVED AS TO LEGAL SUFFICIENCY: �L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 14-1 of the City Code Pertaining to Illegal Gambling Definitions MEETING DATE: June 28, 2011 ■ Background: The General Assembly amended the State Code definition of "illegal gambling" to include internet cafe type wagers. ■ Considerations: Amending this ordinance will result in the City code accurately reflecting the State Code definition of "illegal gambling" on July 1, 2011 by including a definition for "other thing of value." ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Approve ordinance ■ Attachments: Ordinance Recommended Action: Approval Department Submitting Department/Agency. Police De p City Manager: 1 AN ORDINANCE TO AMEND SECTION 14-1 OF 2 THE CITY CODE PERTAINING TO ILLEGAL 3 GAMBLING DEFINITIONS 4 5 Section Amended: § 14-1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 14-1 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 14-1. Definitions. 14 15 For the purposes of this chapter, the following words and phrases shall have the 16 meanings respectively ascribed to them by this section: 17 18 Gambling device. A "gambling device" includes: 19 20 (1) Any device, machine, paraphernalia, equipment or other thing, including books, 21 records and other papers, which are actually used in an illegal operation or 22 activity; 23 24 (2) Any machine, apparatus, implement, instrument, contrivance, board or other 25 thing, including but not limited to, those depending upon the insertion of a coin 26 or other object for their operation, which operates, either completely 27 automatically or with the aid of some physical act by the player or operator, so 28 that, depending upon elements of chance, it may eject something of value or 29 determine the prize or other thing of value to which the player is entitled; 30 provided, that the return to the user of nothing more than additional chances or 31 the right to use such machine is not deemed something of value within the 32 meaning of this subparagraph; and provided further, that machines that only sell 33 or entitle the user to items of merchandise of equivalent value that may differ 34 from each other in composition, size, shape or color, shall not be deemed 35 gambling devices within the meaning of this subparagraph. 36 37 Such devices are no less gambling devices if they indicate beforehand the 38 definite result of one or more operations but not all the operations, nor are they 39 any less gambling devices if, apart from their use or adaptability as such, they 40 also sell or deliver something of value on a basis other than chance. 41 42 Illegal gambling. The making, placing or receipt of any bet or wager in the city of money 43 or other thing of value, made in exchange for a chance to win a prize, stake or other 44 consideration or thing of value, dependent upon the result of any game, contest or other 45 event the outcome of which is uncertain or a matter of chance, whether such game, 46 contest or event occurs or is to occur inside or outside the limits of this city, shall 47 constitute illegal gambling. 48 49 Other thing of value The term "other thing of value" includes but is not limited to the 50 purchase of a product internet access or other thing which purchase credits the 51 purchaser with free points or other measureable units that may be (i) risked by the 52 purchaser for an opportunity to win additional points or other measurable units that are 53 redeemable by the purchaser for money or (ii) redeemed by the purchaser for money, 54 and but for the free points or other measurable units with regard to clauses (i) and (ii), 55 the purchase of the product Internet access or other thing (a) would be of insufficient 56 value in and of itself to O stify the purchase or (b) is merely incidental to the chance to 57 win money. 58 59 Operator. The term 'operator" includes any person, firm or association of persons who 60 or which conducts, finances, manages, supervises, directs or owns all or part of an 61 illegal gambling enterprise, activity or operation. 62 63 The effective date of this ordinance shall be July 1, 2011. COMMENT This amendment updates the definition of "illegal gambling" to clarify the inclusion internet cafe type wagers. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2011. APPROVED AS TO CONTENT Police Departmen CA11910 R-2 June 15, 2011 APPROVED AS TO LEGAL SUFFICIENCY: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 38-3 and 38-4 of the City Code Pertaining to the Discharge and Possession of Firearms, Air Guns, etc. MEETING DATE: June 28, 2011 ■ Background: Earlier this year, the General Assembly changed the state statute that authorizes cities to regulate the use of pneumatic guns. The revised state law provides that cities may not restrict the use of pneumatic weapons on private property where the use is with the permission of the owner or legal possessor thereof and is conducted with reasonable care to prevent a projectile from crossing the bounds of the property. The General Assembly also amended the law regarding possession of firearms and pneumatic weapons by minors. ■ Considerations: The amendments contained in this ordinance are needed to bring the City Code into compliance with the above -referenced changes to state law. The ordinance has an effective date of July 1, 2011—the same date on which the change to the state law takes effect. ■ Public Information: Public information will be provided through the normal Council agenda process. This ordinance shall become effective on July 1, 2011. ■ Recommendations: Approve ordinance ■ Attachments: Ordinance Recommended Action: Approval f �� Submitting Department/Agency: Police Department Y City Manager: V .� 1 AN ORDINANCE TO AMEND SECTIONS 38-3 AND 38- 2 4 OF THE CITY CODE PERTAINING TO THE 3 DISCHARGE AND POSSESSION OF FIREARMS, AIR 4 GUNS, ETC. 5 6 Sections Amended: §§ 38-3 and 38-4 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 38-3 and 38-4 of the Code of the City of Virginia Beach, Virginia, is 12 hereby amended and reordained to read as follows: 13 14 Sec. 38-3. Discharge of firearms, air guns, etc. 15 16 (a) It shall be unlawful for any person to discharge any firearm, spring -propelled rifle 17 or pistol or aiF propelled Fifle OF PiSt0l, from or across any land or water north or 18 west of the trace of the line beginning at the intersection of North Landing Road 19 and the Chesapeake -Virginia Beach city boundary line; thence northwardly along 20 North Landing Road to Indian River Road; thence eastwardly along Indian River 21 Road to New Bridge Road; thence northeastwardly along New Bridge Road to 22 Sandbridge Road, thence eastwardly along Sandbridge Road to its intersection 23 with the Atlantic Ocean, or across any land north of False Cape State Park and 24 east of Shipps Bay and Point Creek. This prohibition shall not apply to shotguns 25 discharging pellets under the following conditions: 26 27 (1) On land that is fifty (50) acres or more of contiguous area, or less than 28 fifty (50) acres of contiguous area south of the trace of the line beginning 29 at the intersection of Elbow Road and the Chesapeake -Virginia Beach 30 city boundary line; thence northeastwardly along Elbow Road to Salem 31 Road; thence southeastwardly along Salem Road to North Landstown 32 Road; thence northeastwardly along Landstown Road to Princess Anne 33 Road; thence southeastwardly along Princess Anne Road to Sandbridge 34 Road; thence eastwardly along Sandbridge Road to its intersection with 35 the Atlantic Ocean; and 36 37 (2) Under one (1) ownership; and 38 39 (3) Used primarily for agricultural purposes; and 40 41 (4) The landowner has applied for an annual permit from the city manager to 42 use his property for this purpose, which permit shall be granted by the 43 city manager if the applicant meets the requirements of this section; and 44 (5) The person discharging a shotgun as herein set forth shall, at all times while engaged in such activity, have in his possession written permission from the landowner to discharge such weapon on the premises; and (6) All permits shall expire on the next June 30 after the date of issuance. (b) Notwithstanding the provisions of subsection (a)(4) above, no permit shall be issued to a landowner if it is determined by the city manager or his duly authorized agent that the issuance of such permit would be detrimental to the public safety, and any permit that has been issued and is in effect may be revoked by the city manager if it is determined by the city manager or his duly authorized agent that conditions have changed since the date of issuance of the permit that cause the continued use of the land for the permitted purpose to be detrimental to the public safety. (c) It shall be lawful to discharge firearms of .22 -caliber or less south of the trace line enumerated in subsection (a) subject to the provisions of this section. It shall be unlawful to discharge any firearms greater than .22 -caliber any place within the city; provided, however, that muzzleloading rifles using a charge of black powder or black powder equivalent may be used to hunt deer during the open season prescribed therefor by the Department of Game and Inland Fisheries south of the trace of the line described in subsection (a)(1). For purposes of this section, a muzzleloading rifle shall mean a single -shot flintlock or percussion rifle, .45 caliber or larger, firing a single lead projectile or sabot with a .38 caliber or larger nonjacketed lead projectile of the same caliber loaded from the muzzle of the weapon and propelled by at least fifty (50) grains of black powder or black powder equivalent. (d) Notwithstanding any other provisions of this section, it shall be unlawful for any person to discharge any firearm, spring -propelled rifle or pistol, a rap 4199 rifle or pis from, on, across or within one hundred fifty (150) yards of any building, dwelling, street, sidewalk, alley, roadway or public land or public place within the city limits. (e) The prohibitions of this section shall not apply to the operation of a shooting event that is sponsored by an organized group, provided, the written approval of the chief of police as to the safety and location of the event is obtained prior to the event. (f) No person shall use a pneumatic gun in the area of the City described in (a) above except (i) at approved shooting ranges or (ii) on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property. For purposes of this subsection "pneumatic gun" means any implement designed as a gun that will expel a BB or a pellet by action of pneumatic Pressure, including but not limited to paintball guns Further, for the purpose of 91 this subsection "reasonable care" means that the pneumatic gun is discharged in 92 a manner so the projectile is contained on the property by a backstop, earthen 93 embankment or fence. The discharge of projectiles across or over the bounds of 94 the property shall create the rebuttable presumption that the use of the 95 pneumatic gun was not conducted with reasonable care and shall constitute a 96 Class 3 misdemeanor 97 98 {f} Nothing in this section shall be construed to prohibit the discharge of firearms 99 and other weapons by (1) law enforcement officers; (2) military personnel; or (3) 100 federal, state or local government animal or fowl management agency agents in 101 the city as part of authorized training or in the performance of their duties. 102 103 (g)Lhj A violation of any provision of this section unless otherwise specified shall 104 constitute a Class 1 misdemeanor. 105 106 COMMENT 107 108 This amendment allows for use of pneumatic weapons on private property throughout the 109 City. 110 111 .... 112 113 Sec. 38-4. Possession and discharge of firearms, air guns, etc., by certain 114 minors. 115 116 (a) Except as provided in Code of Virginia § 18.2-308.7 tit shall be unlawful and a 117 Class 4 1 misdemeanor for any person under the age of f;fte eighteen (18) 118 years to have in his possession or use any firearm, shotgun, spring -propelled rifle 119 or pistol, , 120 and use SUGh weapons subjeGt tO the provisions of seGtion 38 3, but only un 121 the immediate supeWiGiGR of aR adult. 122 123 (b) It shall be unlawful and a Class 3 misdemeanor for any person under the age of 124 eighteen (18) to have in his possession or use any pneumatic gun, unless such 125 minor is under the direct supervision of his parent, legal guardian or other adult 126 supervisor_ approved in writing by the parent or legal guardian. Additionally and in 127 lieu of direct supervision, a minor age sixteen (16) or above may carry on his 128 person the written consent of his parent or lawful auardian. 129 130 The effective date of this ordinance shall be July 1, 2011. COMMENT 131 This amendment makes possession of a firearm by a minor, except as authorized by Code of 132 Virginia § 18.2-308.7, a Class 1 misdemeanor, while possession of a pneumatic weapon, by a minor, 133 except when under the supervision of specified adults, a Class 3 misdemeanor. The exceptions 134 authorized by state law are: (1) Any person (i) while in his home or on his property; (ii) while in 135 the home or on the property of his parent, grandparent, or legal guardian; or (iii) while on the 136 property of another who has provided prior permission, and with the prior permission of his parent 137 or legal guardian if the person has the landowner's written permission on his person while on such 138 property; (2) Any person who, while accompanied by an adult, is at, or going to and from, a lawful 139 shooting range or firearms educational class, provided that the weapons are unloaded while being 140 transported; (3) Any person actually engaged in lawful hunting or going to and from a hunting 141 area or preserve, provided that the weapons are unloaded while being transported; and (4) Any 142 person while carrying out his duties in the Armed Forces of the United States or the National 143 Guard of this Commonwealth or any other state. Adopted by the City Council day of , 2011. APPROVED AS TO CONTENT: 4�64��k Police Departme CA11909/R-4/June 16, 2011 of the City of Virginia Beach, Virginia, on this APPROVED AS TO LEGAL SUFFICIENCY: n1A BF S r �s&xiLch't�;y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 6-5 and 6-12 of the City Code Pertaining to Animals on the Beach MEETING DATE: June 28, 2011 ■ Background: The City restricts bringing companion animals on the beaches during certain times of the day and year, and prohibits operating vehicles or riding horses on these beaches. Currently the ordinances refer to public beaches. ■ Considerations: By removing the word "public" from these city code sections, these amendments make clear that the restrictions and prohibitions noted above are applicable on all sand beaches located within the City. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Approve ordinance ■ Attachments: Ordinance Recommended Action: Approval ! / Submitting Department/Agency: Police Department 1/ City Manager: , 1 AN ORDINANCE TO AMEND SECTIONS 6-5 2 AND 6-12 OF THE CITY CODE PERTAINING 3 TO ANIMALS ON THE BEACH 4 5 SECTIONS AMENDED: §§ 6-5 and 6-12 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Sections 6-5 and 6-12 of the Code of the City of Virginia Beach, Virginia, 11 are hereby amended and reordained to read as follows: 12 13 Sec. 6-5. Animals on beach and adjacent areas. 14 15 (a) It shall be unlawful for any person who owns or has control of any animal to 16 permit such animal to be on the publiG sand beaches, the boardwalk or the grassy area 17 west of the boardwalk to the property lines from Rudee Inlet on the south to 42nd Street 18 on the north during the period from 6:00 p.m. on the Friday before Memorial Day 19 through 6:00 p.m. Labor Day of each year, such period hereinafter referred to as the 20 "season." 21 22 (b) It shall be unlawful for any person who owns or has control of any animal to 23 permit such animal to be on any other pais sand beaches within the city during the 24 season; provided, however, that a dog or cat may be permitted on said beaches in the 25 custody of or under the control of a responsible person during the season between the 26 hours of 6:00 p.m. and 10:00 a.m. the following day. 27 28 (c) It shall be unlawful during the season for any person to have in his 29 possession or under his control any animal, other than a dog or cat, on Atlantic Avenue 30 or in the parks and connector streets between Atlantic Avenue and the boardwalk, from 31 Rudee Inlet to 42nd Street, unless such animal is in an escape-proof container. 32 33 (d) Any person who owns or has control of any animal shall not knowingly or 34 willfully permit such animal to litter any pubfis sand beaches within the city or to litter the 35 boardwalk or the grassy area west of the boardwalk to the property lines from Rudee 36 Inlet on the south to 42nd Street on the north, at any time. In the event such animal 37 shall defecate on the publ+s sand beaches within the city, or on the boardwalk or the 38 grassy area west of the boardwalk to the property lines from Rudee Inlet on the south to 39 42nd Street on the north at any time, the person who owns or has control of such 40 animal shall immediately remove all feces deposited thereon by such animal and 41 dispose of same in a sanitary manner approved by the department of public health, 42 such as by encasing same in an airtight wrapper or container and placing same in a 43 garbage receptacle. Failure to so remove said feces in accordance with the provisions 44 of this subsection shall constitute a Class 1 misdemeanor. 45 46 (e) Notwithstanding the above, it shall be unlawful for any person who owns or 47 has control of any animal to permit such animal to be on any publie sand beaches within 48 the city, at any time, unless such person shall have in his possession a container of 49 sufficient size and adequate design to remove and dispose of all feces deposited 50 thereon by such animal, in accordance with the provisions of subsection (d). 51 52 (f) With the exception of subsections (d) and (e), the provisions of this section 53 shall not be applicable to a guide dog, hearing dog or service dog trained to accompany 54 a person with a disability while being accompanied by such person, or to any dog or 55 horse in the custody or control of a law enforcement officer while such officer is in the 56 performance of his duties. 57 58 (g) For purposes of this section, the term "animal" shall be deemed to include, 59 but not be limited to, any mammal, bird, or reptile. 60 61 COMMENT 62 63 This amendment makes clear that this prohibition applies to all sand beaches located within 64 the City by removing the word "public." 65 66 .... 67 68 Sec. 6-12. Riding horses or driving vehicles on beach or dunes. 69 70 (a) It shall be unlawful for any person to ride a horse or any other animal or to 71 operate or drive a vehicle of any kind on the phis sand beaches or upon the sand 72 dunes within the city, except that area between the ocean and sand dunes south of the 73 exit ramp at the southern end of Little Island Recreation Park (now being used as a 74 public way to commute back and forth to a place of residence). 75 76 (b) The provisions of this section shall not apply to the police mounted patrol, 77 city vehicles operated while cleaning or working on the beach, police and emergency 78 vehicles, erosion commission vehicles, vehicles of net fishermen operating under proper 79 permits, vehicles operated by physically handicapped persons by permission of the city 80 manager or his designee, or vehicles operated by wildlife rescue workers pursuant to 81 written authorization by the police department's second precinct commander. 82 83 (c) The provisions of this section shall not apply in the resort area to conduct 84 that is explicitly authorized by a special events permit issued pursuant to City Code 85 Section 4-1 or by franchise awarded by the city council. 86 87 COMMENT 88 89 This amendment makes clear that this prohibition applies to all sand beaches located within 90 the City by removing the word "public" and adding the word "sand." 91 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 2011. APPROVED AS TO CONTENT Police Department CA11903 R-2 June 14, 2011 APPROVED AS TO LEGAL SUFFICIENCY: l� nor g, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Directing that a Petition for a Writ of Special Election to Fill the Office of Member At Large be Filed with the Circuit Court MEETING DATE: June 28, 2011 ■ Background: Rita Sweet Bellitto, City Council Member At Large, was appointed by City Council in February 2010 to fill the seat vacated by Delegate Ron Villanueva. Mrs. Bellitto was elected in November 2010 for a term commencing January 1, 2011 and continuing to December 31, 2014. Mrs. Bellitto has submitted a letter of resignation effective June 18, 2011. State law requires a local governing body to petition its circuit court for a writ of special election within 15 days of the occurrence of a vacancy. Subject to a time limitation that is not applicable here, the court will issue a writ for the election for the November 8, 2011 general election. ■ Considerations: The State law requires this petition for a writ of special election. Alternatively, the court may provide the writ by its own motion. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: City Attorney Muer City Manager: k �- boi 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A RESOLUTION DIRECTING THAT A PETITION FOR A WRIT OF SPECIAL ELECTION TO FILL THE OFFICE OF MEMBER AT LARGE BE FILED WITH THE CIRCUIT COURT WHEREAS, Rita Sweet Bellitto, City Council Member At Large, was elected for a term that ends December 31, 2014; WHEREAS, Mrs. Bellitto has submitted her resignation from the City Council effective June 18, 2011; WHEREAS, the Code of Virginia § 24.2-226 requires that within fifteen (15) calendar days of receipt of resignation, the governing body shall petition its circuit court for a Writ of Special Election at the next general election following the vacancy to fill the remaining portion of the Council Member's term; and WHEREAS, the next general election following Mrs. Bellitto's resignation will be on November 8, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council directs the City Attorney to file a Petition for a Writ of Special Election in the Circuit Court for the purpose of filling the vacancy in the office of City Council Member At Large for a term ending December 31, 2014. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of 2011. APPROVED AS TO LEGAL SUFFICIENCY: 1 _- Oityo y' ffice CA11913 R-1 June 14, 2011 1 r p�� to dpy Cy f' 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Resume the Biennial Budget Process and to Make the Process a Rolling Biennial Budget MEETING DATE: June 28, 2011 ■ Background: The City adopted a biennial budget process in FY 2005-06 as a way to improve the planning and forecasting of resource management decisions before suspending that process as part of the FY 2010-11 Operating Budget. For these biennial budgets, the City developed the budget using a fixed two-year or "classic biennial budget" structure. Much debate surrounding the FY 2011-12 Operating Budget centered around its impacts on the FY 2012-13 budget year. A "rolling biennial budget" process is a two- year budget structure where the second year is always a planning year. Utilization of a rolling biennial budget allows for the adoption of the upcoming fiscal year budget while taking into consideration the following year's revenues and expenditures for planning purposes. ■ Considerations: It is common for governmental bodies to produce biennial budgets for short and long term financial planning. The City Council prides itself on making prudent financial decisions, taking into account present and projected economic indicators. This resolution would provide that the City will resume the preparation of its budget on a biennial, rather than an annual, basis, beginning with the FY 2012-13 budget process. Additionally, the process would be structured as a rolling biennial budget with the second year as a planning year. ■ Public Information: Public information will be provided through the normal Council agenda process. This item was deferred by City Council on June 14, 2011. ■ Attachments: Resolution; Biennial Budget Process Graphic Requested by Councilmember Davis REQUESTED BY COUNCILMEMBER DAVIS 1 A RESOLUTION TO RESUME THE BIENNIAL BUDGET 2 PROCESS AND TO MAKE THE PROCESS A ROLLING 3 BIENNIAL BUDGET 4 5 WHEREAS, it is common for governmental bodies to produce biennial budgets 6 for short and long term financial planning; and 7 8 WHEREAS, a biennial budget process may be structured as a "classic biennial 9 budget," where the budget covers a fixed two-year period, or a "rolling biennial budget," 10 where the two-year budget is undertaken each year and the second year is always a 11 planning year; and 12 13 WHEREAS, the City adopted a biennial budget process in FY 2005-06 as a way 14 to improve the planning and forecasting of resource management decisions before 15 suspending that process as part of the FY 2010-11 budget process; and 16 17 WHEREAS, the biennial budget process previously utilized by the City was a 18 classic biennial budget; and 19 20 WHEREAS, much debate surrounding the City's 2011-12 budget centered 21 around its impacts on the 2012-13 budget; and 22 23 WHEREAS, the City Council prides itself on making prudent financial decisions, 24 taking into account present and projected economic indicators; and 25 26 WHEREAS, the City Council desires to resume the biennial budget process with 27 the development of the budget utilizing a rolling biennial budget structure; 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 That the City of Virginia Beach will resume the preparation of its budget on a 33 biennial rather than an annual basis beginning with the FY 2012-13 budget, which will 34 be structured as a rolling biennial budget. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 2011. APPROVED AS TO LEGAL SUFFICIENCY: GTy7Xt_toT�X CKf ice CA11878 / R-4 / May 25, 2011 O L— CL CL 76 Q� v if rn ti Co O N } } U- 00 r co ' O O O N } } LL ti L Cc O N } LL O V- O O O N LL LO M ' L- � O O O N } } LL N L M CU O � N } U - co T-- r ' ` N c0 Q } N } LL C ca a O C a C N a U) c0 O } H N cu .E co C N N m O -v a O O1 C_ C a W1 EO N a U U L- CL i7 LWJ '* 97 u z�; N a a a Q '> N CL Q c a C Q. O U N CO C/) a co N N Q. } O Q E" cu .E co C N N m O -v a O O1 C_ C a W1 EO N a U U L- CL i7 LWJ '* 97 u z�; ro4 P ) i> �s Ji CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute an Incentive Agreement with UFL Management, LLC MEETING DATE: June 28, 2011 ■ Background: Officials from the United Football League (the "UFL") have reached an agreement with Hometown Sports Management, LLC ("HSM"), the company managing the Virginia Beach Sportsplex ("Sportsplex"), to bring a UFL team to the Sportsplex. The UFL team would play all of its home games at the Sportsplex and have the Sportsplex serve as its home stadium. The UFL has indicated that the Sportsplex needs certain upgrades to make it suitable for the needs of the UFL team and the anticipated spectators. Representatives of the City and the UFL have negotiated terms of an incentive agreement ("Agreement"), whereby the City would provide funds to the UFL to make temporary and permanent improvements to the Sportsplex, based on a percentage of the admissions taxes paid by the UFL. ■ Considerations: The UFL team would be the first professional football team headquartered in the City of Virginia Beach. One of the goals of engaging HSM as the City's management company for the Sportsplex was to increase the use and exposure of the Sportsplex. The funds would be used for improvements to expand the seating capacity and other amenities at the Sportsplex. ■ Public Information: All public information will be handled through the normal agenda process. ■ Alternatives: Approve the proposed Agreement as presented, alter the proposed terms, or decline to enter into the Agreement. ■ Recommendations: Approval ■ Attachments: Ordinance Summary of Terms Submitting Department/Agency: Parks & Recreatio City Manage . 5 (1, 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN INCENTIVE 3 AGREEMENT WITH UFL MANAGEMENT, LLC 4 5 WHEREAS, Hometown Sports Management, LLC ("HSM"), the company 6 contracted by the City of Virginia Beach (the "City") to manage the Virginia Beach 7 Sportsplex ("Sportsplex"), has reached an agreement with the United Football League a ("UFL") to establish a UFL team at the Sportsplex; 9 10 WHEREAS, the UFL has requested that the City provide funds to make 11 temporary and permanent improvements to the Sportsplex for the purpose of expanding 12 seating capacity and making the facility more suitable for professional football; 13 14 WHEREAS, the City has agreed to provide incentive payments to the UFL for 15 the purpose of making said improvements to the Sportsplex. The amount of the 16 incentive payments would be based on a percentage of the admissions taxes paid to 17 the City by the UFL; and 18 19 WHEREAS, City Council finds that the provision for incentive payments as set 20 forth in the Summary of Terms, attached hereto as Exhibit A, will promote the use of the 21 City -owned Sportsplex and be beneficial to the City. 22 23 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute an incentive agreement 27 with UFL Management, LLC, so long as such agreement is consistent with the 28 Summary of Terms attached hereto, and made a part hereof, and such other terms and 29 conditions deemed necessary and sufficient by the City Manager and in a form deemed 30 satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 33 of , 2011. APPROVED AS TO CONTENT r' Par & eation APPROVED AS TO LEGAL SUFFICIENCY AND FORM: City Attorney CA11721 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\Wpdocs\D013\P010\00019907. DOC R-1 May 13, 2011 1 EXHIBIT A SUMMARY OF TERMS UFL - INCENTIVE AGREEMENT PARTIES: City of Virginia Beach UFL Management, LLC, a Delaware limited liability company TERM: Two (2) years, commencing with the signing of the agreement. INCENTIVE PAYMENT: Each year the City will pay to the UFL an amount equal to eighty percent (80%) of the admissions taxes paid for UFL games at the Sportsplex. The incentive payment is capped at $240,000 per year and will only be made on a reimbursement basis for expenses incurred. Payments to be made monthly from the commencement of ticket sales through the end of the season, and quarterly in the off-season. The monthly payments will be in an amount equal to 80% of the admissions taxes paid the prior month, subject to verification of expenses incurred. The quarterly payments will be in an amount equal to 80% of the admissions taxes paid the prior quarter, subject to verification of expenses incurred. USE OF PAYMENTS: UFL must use the incentive payments for temporary and permanent improvements to the Sportsplex of the type set forth on Schedule A attached hereto. SCHEDULE A Improvements, additions or enhancements to the following elements of the Sportsplex will be eligible for reimbursement under the Incentive Agreement: Seating Scoreboard/ video board Restrooms Concession Stands (excluding inventory) Lockers Storage facilities Practice field upgrades Press box upgrades Lighting upgrades SKU eeict roIr _ �7 f47 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Regarding the Energy Advisory Committee MEETING DATE: June 28, 2011 ■ Background: On April 28, 2009, Mayor Sessoms created the Mayor's Alternative Energy Task Force to analyze energy issues affecting Virginia Beach. The task force delivered a report of its findings and recommendations to City Council, and among its recommendations was a suggestion that City Council create and appoint an Energy Advisory Committee. On January 25, 2011, City Council adopted the report, with the caveat that certain recommendations—including the creation of the Energy Advisory Committee—would be pursued only upon further direction by the Council. On March 22, 2011, City Council appointed the Chairperson of the Energy Advisory Committee, and on April 26, 2011, Council appointed seven additional members to the committee. At their first and only meeting to date, members of the committee requested clarity as to their roles and responsibilities. ■ Considerations: The attached resolution sets forth the committee's duties, composition, and terms. If adopted, City Council will designate three of the members already appointed as having an initial term of three years; three with an initial term of two years; and two with an initial term of one year. Thereafter, all appointments will be for three years. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution Recommended Action: Approval Submitting V Department/Agency: Planning City Manager: S • n A RESOLUTION REGARDING THE ENERGY ADVISORY COMMITTEE 1 WHEREAS, on April 28, 2009, Mayor Sessoms created the Mayor's Alternative 2 Energy Task Force ("Task Force") to analyze energy issues affecting Virginia Beach; 3 4 WHEREAS, the Task Force delivered a report of its findings and 5 recommendations to City Council, and among its recommendations was a suggestion 6 that City Council create and appoint an Energy Advisory Committee; 7 8 WHEREAS, on January 25, 2011, the City Council adopted the report, with the 9 caveat that certain recommendations—including the creation of the Energy Advisory 10 Committee—shall be pursued as deemed appropriate on a case-by-case basis by the 11 Council; 12 13 WHEREAS, on March 22, 2011, City Council appointed the Chairperson of the 14 Energy Advisory Committee, and on April 26, 2011, Council appointed seven additional 15 members to the committee; 16 17 WHEREAS, at their first and only meeting to date, members of the committee 18 requested clarity as to their roles and responsibilities, and a City Council resolution 19 setting forth the committee's duties and composition would assist the committee 20 members in their work. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 1. That City Council has established the Energy Advisory Committee as an 26 advisory committee to City Council. The committee shall consist of not more than 27 eleven members, all of whom shall be appointed by City Council. Of the eight members 28 who have already been appointed, City Council will designate three members whose 29 initial term shall be for three years; three whose initial term shall be for two years; and 30 two shall have an initial term of one year. Thereafter, all appointments shall be made 31 for three years. The Council -appointed chairperson shall serve in that capacity until 32 June 30, 2012. Thereafter, the committee shall elect one of its members to serve as 33 chairperson. The committee also may elect a vice -chairperson and such other officers 34 as the committee may deem appropriate. 35 36 2. That the duties of the committee shall be as follows: 37 38 Work with City staff and industry representatives to implement and track 39 the City's progress on meeting the recommendations of the Task Force, 40 and advise City Council on an annual basis of that progress; provided, 41 however, that no action shall be taken with respect to the remaining four 42 recommendations specifically identified by City Council in its January 25, 43 44 45 46 47 48 49 50 2011 ordinance until and unless City Council specifically authorizes further action on those items; • Track federal, state and local energy policies that may impact the City; • Conduct Energy SWOT (Strengths, Weaknesses, Opportunities, and Threats) Analysis for the City; • Recommend to City Council an overall energy organization administration structure for the City; and • Perform other such tasks as may be assigned by City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2011. APPROVED AS TO CONTENT: Pla ing Department CA11898 R-2 June 15, 2011 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's 014ce F rcA „ns CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Appointing Three (3) Viewers for One -Year Terms Beginning July 1, 2011, to View Each Street or Alley Proposed to be Closed MEETING DATE: June 28, 2011 ■ Background: Pursuant to authority granted to the City of Virginia Beach by the General Assembly during its 1997 Session, City Council, by ordinance adopted June 23, 1998, added § 33-111.2 to the City Code, which provides for the appointment of three (3) viewers for one-year terms, beginning July 1 of each year, to view each and every street or alley proposed to be altered or vacated during the terms of such viewers. ■ Considerations: Because the terms of the current viewers expire on June 30, 2011, it is necessary to appoint viewers for one-year terms beginning July 1, 2011. ■ Public Information: This ordinance will be advertised as a routine agenda item. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Planning Ir City Manager: S V, q�VN 1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR 2 ONE-YEAR TERMS BEGINNING JULY 1, 2011, TO VIEW 3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED 4 5 WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers 6 shall be appointed each year to serve terms of one year beginning July 1 to view each 7 and every street or alley proposed to be altered or vacated during the term;" and 8 9 WHEREAS, it is the desire of City Council to appoint the Directors of the 10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers 11 for one-year terms, beginning July 1, 2011 and ending June 30, 2012. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the Director of Planning, Director of Public Works and Director of Parks and 17 Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve 18 a one-year term beginning July 1, 2011 and ending June 30, 2012, to view each and 19 every application to close a street or alley, and to report in writing their opinion of what 20 inconvenience, if any, would result from discontinuing the street or alley or portion 21 thereof. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 12011. APPROVED AS TO CONTENT: Departmen of Planning CA11893 R-1 May 31, 2011 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office C x �sn77 wr.y 1 l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Directing the City Manager to Develop a Program for Prequalification of Construction Contracts Between $100,000 and $500,000 MEETING DATE: June 28, 2011 ■ Background: State law currently mandates that the City require bid, payment, and performance bonds ("bonding") for City nontransportation-related construction contracts exceeding $100,000. Delegate Ron Villanueva proposed House Bill 1951 to increase that statutory threshold; the General Assembly, by overwhelming majorities in the House (91-8) and Senate (31-9), approved the bill, and Governor McDonnell signed the bill into law. Effective July 1, the threshold for which bonding is required will increase to $500,000. If a locality chooses to waive bonding requirements pursuant to this legislation, it must prequalify prospective contractors for contracts valued between $100,000 and $500,000 in accordance with prequalification criteria set forth in state law. ■ Considerations: This ordinance would direct the City Manager to develop a program for prequalification of nontransportation-related construction contracts valued between $100,000 and $500,000. The program would be consistent with prequalification procedures adopted by City Council in 2006. In accordance with state law, prequalification could be denied based on any of the following: (1) lack of appropriate experience; (2) judgments entered against the contractor in the past ten years for breach of contract on construction contracts; (3) substantial noncompliance with the terms and conditions of prior City construction contracts without good cause; (4) conviction by the contractor or certain contractor officials within the past ten years of a crime related to construction or contracting; (5) current debarment by any public body or state or federal agency; and (6) failure to provide the City in a timely manner with information relevant to the above criteria. Only prequalified contractors could compete for the contract. The program would not apply to contracts with significant health or safety risks, such as environmental remediation and proprietary controls. Reducing barriers to entry in the procurement process will benefit the City by increasing competition in City procurements and by avoiding the costs of obtaining bonds—costs that contractors pass onto the City. Because all contractors would be prequalified, and because the City does not pre -pay for construction work, the program presents little or no risk to the City. The City's Minority Business Council supports this ordinance, which will also benefit small, woman -owned, minority-owned and service disabled veteran - owned businesses for which bonding requirements are often an insurmountable barrier to their participation in the City's construction contract procurement process. ■ Attachments: Ordinance Requested by Councilmembers Davis and Dyer REQUESTED BY COUNCILMEMBERS DAVIS AND DYER 1 AN ORDINANCE DIRECTING THE CITY MANAGER TO 2 DEVELOP A PROGRAM FOR PREQUALIFICATION OF 3 CONSTRUCTION CONTRACTS BETWEEN $100,000 AND 4 $500,000 5 6 WHEREAS, the requirement for bid, payment, and performance bonds 7 (collectively, "bonding") for City nontransportation-related construction contracts 8 exceeding $100,000 is provided by state law; 9 10 WHEREAS, Delegate Ron Villanueva proposed House Bill 1951 to increase the 11 statutory threshold for nontransportation-related construction contracts that require 12 bonding; 13 14 WHEREAS, the General Assembly adopted the bill and the Governor signed it 15 into law, which, effective July 1, 2011, will allow the City to waive the bonding 16 requirements on nontransportation-related construction contracts valued between 17 $100,000 and $500,000 if prospective contractors are prequalified; 18 19 WHEREAS, the City has adopted procedures for the prequalification of 20 prospective contractors for construction contracts (Resolution 3169, adopted February 21 7, 2006); 22 23 WHEREAS, with the exception of projects with significant health or safety risks, 24 such as environmental remediation and proprietary controls, the use of a 25 prequalification process instead of a bonding requirement for nontransportation-related 26 construction contracts valued at $500,000 or less will present little or no financial risk to 27 the City, primarily because the City does not pre -pay for such work; 28 29 WHEREAS, the City believes that reducing barriers to entry in the procurement 30 process will benefit the City by increasing competition in City procurements and will also 31 benefit small, woman -owned, minority-owned, and service disabled veteran -owned 32 businesses for which bonding requirements are often an insurmountable impediment to 33 their participation in the City's construction contract procurement process; and 34 35 WHEREAS, the Virginia Beach Minority Business Council supports the increase 36 of dollar thresholds for construction contracts that require bonding. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 39 VIRGINIA BEACH, VIRGINIA: 40 41 The City Manager or his designees shall develop a program (the "Program") 42 based on the changes to state law provided by Chapter 789 of the 2011 Acts of 43 Assembly, effective July 1, 2011, that is consistent with the following parameters: 44 45 a. The Program will apply to nontransportation-related construction contracts 46 valued between $100,000 and $500,000, with the exception of projects that 47 have significant health or safety risks such as environmental remediation and 48 proprietary controls; 49 50 b. As required by state law, prospective contractors must be prequalified before 51 bonding can be waived; 52 53 c. The prequalification process will be consistent with City Council Resolution 54 3169; 55 56 d. A prospective contractor may be denied prequalification only upon the 57 grounds set forth in Section 2.2-4317 of the Virginia Code. However, for this 58 Program only, financial capacity will not be an applicable basis for denial of 59 prequalification; and 60 61 e. After prequalification, prospective contractors will not require bid, 62 performance, or payment bonds for those contracts subject to this Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2011. APPROVED AS TO CONTENT: APPOROVED AS TO LEGAL SUFFICIENCY Finance Department City Attorney's Office CA11885 R-3 June 21, 2011 ,`��N`U BfgCti ,7 z. rp CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Support the Designation of Specific Funding Streams for Reduction in State Aid to Localities MEETING DATE: June 28, 2011 ■ Background: In order to balance the State's budget over the past few years, the General Assembly reduced State Aid to Localities funding without cutting specific State programs. The City has opposed this reduction strategy annually, stressing that the State should be responsible for making reductions related to the State's revenue reduction. The State has designated the reductions "local option" by requiring localities to choose the areas of reduction or make payments directly to the State. Historically, we have not designated our reduction, but left it to the State to reduce revenues they chose. In the past, the Virginia Department of Planning and Budget reduced State Recordation Tax and State Aid to Localities with Police Departments (HB -599), and we anticipated similar reductions in the FY 2011-12 Operating Budget. The process has changed slightly, requiring us to designate from a list of programs, the amounts we want reduced from the list in order for the City to reach its mandated reduction allocation. If the City does not designate these reductions, the Department of Planning and Budget will withdraw the balance from programs the State deems "most discretionary." The City is concerned that reductions could be made to specific programs, such as Constitutional Offices or mental health services. ■ Considerations: In FY 2011-12, this reduction is $60 million statewide, of which a $2,666,120 reduction is allocated to the City of Virginia Beach. There are only two State revenues, State Recordation Tax and State Aid to Localities with Police Departments (HB -599), which do not support specific programs in the City's General Fund. This option does not affect the distribution calculation for HB -599 funding allocated to the City. The FY 2011-12 Operating Budget already assumes reductions in State Recordation Tax and HB -599 revenues; therefore, no additional reductions are required. ■ Public Information: Public information will be handled through the normal Council Agenda process. ■ Recommendations: Adopt the resolution to designate reductions in State Aid to Localities to State Recordation Taxes and State Aid to Localities with Police Departments (HB -599). ■ Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Management Services City Manage ?, <N 1 A RESOLUTION TO SUPPORT THE DESIGNATION 2 OF SPECIFIC FUNDING STREAMS FOR 3 REDUCTION IN STATE AID TO LOCALITIES 4 5 WHEREAS, the General Assembly has reduced State Aid to Localities funding 6 by $60 million in FY 2011-12, of which $2,666,120 is allocated to the City of Virginia 7 Beach; 8 9 WHEREAS, the State has designated the reductions "local option" by requiring 10 localities to choose the areas of reduction or make payments directly to the State, or the 11 Virginia Department of Planning and Budget will withdraw the balance from programs 12 the State deems "most discretionary;" 13 14 WHEREAS, the City of Virginia Beach continues to oppose this reduction 15 strategy; 16 17 WHEREAS, the City is concerned that reductions could be made to specific 18 programs, such as Constitutional Offices or mental health services, without allowances 19 for direct program expenditure reductions; 20 21 WHEREAS, there are only two State revenues, State Recordation Tax and State 22 Aid to Localities with Police Departments (HB -599), which do not support specific 23 programs in the City's General Fund; and 24 25 WHEREAS, the FY 2011-12 Operating Budget already assumes reductions in 26 State Recordation Tax and HB -599 revenues. 27 28 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 29 VIRGINIA: 30 31 That City Council supports the designation of State Recordation Taxes and State 32 Aid to Localities with Police Departments (HB -599) as the preferred programmatic 33 reductions to meet the General Assembly's State Aid to Localities reduction allocation of 34 $2,666,120. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2011. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Z Manag e t Services C' A 's Office CA11925/R-2/June 21, 2011 ! 1A � f 'f'T7>> a '�aRaaRY25 �J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Grant Permits Allowing Certain Emergency Medical Services Agencies to Operate in the City of Virginia Beach MEETING DATE: June 28, 2011 ■ Background: City Code Section 10.5-2 requires any organization that operates an emergency medical services agency or any emergency medical services vehicle within the City to obtain a permit from City Council. Such permits must be renewed by City Council annually. ■ Considerations: The following applications have been received and processed by the Department of Emergency Medical Services for the operation of basic and advanced life support agencies: Eastern Shore Ambulance, American Lifeline Medical Transport, Inc., Mid -Atlantic Regional Ambulance, Inc., Children's Hospital of the King's Daughters Transport Team, Special Event Providers of Emergency Medicine, Nightingale Regional Air Ambulance, Lifeline Ambulance Service, Inc., LifeEvac Virginia, Eagle Medical Transports, and Medical Transport, L.L.C. During the previous twelve months, most of the private emergency medical services agencies listed above performed non -emergency and inter -facility transports to include both basic and advanced life support calls. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Adoption Submitting Department/Agency: Department of Emergency Medical Services, � City Manage • t,,,r., 1 AN ORDINANCE TO GRANT PERMITS ALLOWING 2 CERTAIN EMERGENCY MEDICAL SERVICES 3 AGENCIES TO OPERATE IN THE CITY OF VIRGINIA 4 BEACH 5 6 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates 7 an emergency medical services agency or any emergency medical services vehicle within 8 the City must first obtain a permit from City Council, and such permits must be renewed on 9 an annual basis; and 10 11 WHEREAS, applications for permit renewals have been received by the following 12 agencies: Eastern Shore Ambulance, American Lifeline Medical Transport, Inc., Mid - 13 Atlantic Regional Ambulance, Inc., Children's Hospital of the King's Daughters Transport 14 Team, Life Evac Virginia, Special Event Providers of Emergency Medicine, Nightingale 15 Regional Air Ambulance, Lifeline Ambulance Service, Inc., Life Evac Virginia, Eagle 16 Medical Transports, and Medical Transport, L.L.C.; and 17 18 WHEREAS, the above -listed private ambulance agencies perform services not 19 provided by the City's volunteer rescue squads, such as non -emergency inter -facility 20 transports, which include both basic and advance life support calls. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 23 VIRGINIA BEACH; 24 25 1. That the City Council hereby grants Emergency Medical Services permits to the 26 following agencies: 27 28 Eastern Shore Ambulance, American Lifeline Medical Transport, Inc., Mid - 29 Atlantic Regional Ambulance, Inc., Children's Hospital of the King's 30 Daughters Transport Team, Special Event Providers of Emergency Medicine, 31 Nightingale Regional Air Ambulance, Lifeline Ambulance Service, Inc., 32 LifeEvac Virginia, Eagle Medical Transports, and Medical Transport, L.L.C. 33 34 2. That these permits shall be effective from July 1, 2011 until June 30, 2012. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 12011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Emergency Medical Services CA11866 R-1/June 13, 2010 U•BF,�, ayhy CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of a variable width canal on City property known as Harbor Canal located at the rear of 2333 Leeward Shore Drive, for property owners Nino Logan and Samantha Logan MEETING DATE: June 28, 2011 ■ Background: Nino Logan and Samantha Logan have requested permission to maintain an existing wood bulkhead and to construct and maintain a bulkhead, pier and boatlift into City property known as Harbor Canal, located at the rear of 2333 Leeward Shore Drive. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Harbor Canal — and in other canals of Bay Island — which is where Mr. and Mrs. Logan have requested to encroach. In accordance with the recommendations of City Council to help address water quality protection in conjunction with temporary encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 15 -foot -wide vegetated riparian buffer area, consisting of under story trees and shrubs in a mulched bed running the entirety of the shoreline, adjoining the applicant's property, is feasible and warranted to help reduce long-term water quality impacts associated with the existing and proposed encroachments. The applicant has submitted a plan for establishing a 15 -foot -wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real EstateT 0. p City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF A VARIABLE 6 WIDTH CANAL ON CITY PROPERTY 7 KNOWN AS HARBOR CANAL 8 LOCATED AT THE REAR OF 2333 9 LEEWARD SHORE DRIVE, FOR 10 PROPERTY OWNERS NINO LOGAN 11 AND SAMANTHA LOGAN 12 13 WHEREAS, Nino Logan and Samantha Logan desire to maintain an existing 14 wood bulkhead and to construct and maintain a bulkhead, pier and boatlift into City 15 property known as Harbor Canal located at the rear of 2333 Leeward Shore Drive, in 16 the City of Virginia Beach, Virginia; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 20 City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Nino Logan and Samantha 26 Logan, their heirs, assigns and successors in title are authorized to construct and 27 maintain temporary encroachments for an existing wood bulkhead and to construct and 28 maintain a bulkhead, pier and boatlift into City property as shown on the map marked 29 Exhibit "A" and entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING PROPOSED 3o BULKHEAD, PIER AND BOATLIFT IN HARBOR CANAL ADJACENT TO LOT 223 BAY 31 ISLAND SECTION 2 M.B. 48 P. 15 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 30' 32 APRIL 29, 2011," a copy of which is on file in the Department of Public Works and to 33 which reference is made for a more particular description; and 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 36 subject to those terms, conditions and criteria contained in the Agreement between the 37 City of Virginia Beach and Nino Logan and Samantha Logan (the "Agreement"), which 38 is attached hereto and incorporated by reference; and 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 41 is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 44 time as Nino Logan and Samantha Logan and the City Manager or his authorized 45 designee executes the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 48 of .2011. CA -11699 R-1 PREPARED: 5/23/11 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ARMEYER, ASST 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 25th day of May, 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and NINO LOGAN and SAMANTHA LOGAN, 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 223", 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. and 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 15, and being further designated, known, and described as 2333 Leeward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing wood bulkhead and to construct and maintain a bulkhead, pier and boatlift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (NO GPIN REQUIRED OR ASSIGNED TO CITY PROPERTY KNOWN AS HARBOR CANAL) 2500-00-1010-0000; (2333 Leeward Shore Drive) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of a variable width canal on 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 PLAT SHOWING PROPOSED BULKHEAD, PIER AND BOATLIFT IN HARBOR CANAL ADJACENT TO LOT 223 BAY ISLAND SECTION 2 M.B. 48 P. 15 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 30' APRIL 29, 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 establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants 3 (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary rd 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, Nino Logan and Samantha Logan, 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) W 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: 0 Notary Public (SEAL) By Nino Logan, wner By �_ �M 6. C'--� Samantha Logan, Own STATE OF Vir, CITY/£�� idE F _ , to -wit: The foregoing instrument was acknowledged before me this .2f_"z4day of 2011, by Nino Logan. Notary Registration Number: 7 My Commission Expires: /0, T!- 7 Emest D. Parrish Commonwealth of Virginia �+c cl2�blic ommission No. 7339987 Notary Public My Commission Expires 10/31120'4 STATE OF V�' CITY/'t` F to -wit: The foregoing instrument was acknowledged before me this 2--�`'jAday of 2011, by Samantha Logan. Notary Registration Number: My Commission Expires: 7 Emest D. Parrish J Com={{jP�of Virginia blic Notary Public Commission No. 7339987 My Commission Expires 1013112014 APPROVED AS TO CONTENTS DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM LOT 232 LOT 223 LOT 224 LOT 222 SECTION 2 EBEN B. SCRIBNER, IV MARGARET L. RAWLS 000 BAY ISLAND a' SHARLEEN J. SCRIBNER I.N. 200402130026429 M.B. 48 P. 15 D.B. 3043 P. 668 GPIN: 2500-00-2040 GPIN: 2500-00-1010 GPIN: 1590-90-9090 �2 00 0 cnL=130.00 EX. WOOD EXISTING BULKHEAD BULKHEAD PIPE(F) 0.31' W OF CORNER FLOATING DOCK IING PIN(F) BULKHEAD MLW=MHW (OTHERS) BOATLIFT JKEXST �D Q MLW=MHW EXISTING (OTHERS) O ~ ALONG EX. BOATLIFT 00 O BULKHEAD (OTHERS) O O O * HARBOR CANAL TO BE DEDICATED O LIC. NO. TO PRINCESS ANNE COUNTY, VA. 1484 HARBOR CANAL* PER M.B. 48, P. 15. VIRGINIA BEACH, VIRGINIA EBB FLOOD Q- 0 30' 60' 90' S 89°18'30" W PROPOSED SURVEYORS do ENGINEERS, LTD. 117.45'^, BOATLIFT /� $ $' 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 SCALE: 1" = 30' APRIL 29, 2011 � ENCR G: \09\09-185.1 X8.7 ENCR. LOT 223 LOT 224 LOT 222 SECTION 2 EBEN B. SCRIBNER, IV MARGARET L. RAWLS 000 BAY ISLAND a' SHARLEEN J. SCRIBNER I.N. 200402130026429 M.B. 48 P. 15 D.B. 3043 P. 668 GPIN: 2500-00-2040 GPIN: 2500-00-1010 GPIN: 1590-90-9090 �2 00 0 cnL=130.00 EX. WOOD EX. WOOD BULKHEAD BULKHEAD PIPE(F) 0.31' W OF CORNER MHW ALONG PROP. PROPOSED PROPOSED PIN(F) 0.19' W OF CORNER PIN(F) BULKHEAD PIER BULKHEAD EXHIBIT A J J Q Q � C) O O ~ O O O O O B W. GALLUP O LOT 223 LOT 224 LOT 222 SECTION 2 EBEN B. SCRIBNER, IV MARGARET L. RAWLS 000 BAY ISLAND a' SHARLEEN J. SCRIBNER I.N. 200402130026429 M.B. 48 P. 15 D.B. 3043 P. 668 GPIN: 2500-00-2040 GPIN: 2500-00-1010 GPIN: 1590-90-9090 �2 00 0 cnL=130.00 ' LJ Ln 0 794.28 TO z SPINDR PIN(F) R=1700,00' PIPE(F) 0.31' W OF CORNER LEEWARD SHORE DRIVE (50' R/W) EXHIBIT A ENCROACHMENT PLAT SHOWING PROPOSED BULKHEAD, PIER AND BOATLIFT IN o HARBOR CANAL ♦ ADJACENT TO LOT 223 B W. GALLUP LIC. NO. BAY ISLAND SECTION 2 1484 M.B. 48 P. 15 VIRGINIA BEACH, VIRGINIA Q- 0 30' 60' 90' GALLUP SUR���� SURVEYORS do ENGINEERS, LTD. 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 SCALE: 1" = 30' APRIL 29, 2011 (757)42e-8132 G: \09\09-185.1 2333 Leeward Shore Dr. x s SITE 2500-00-1010 IEEWARD.SFfORE DR Proposed Bulkhead, Pier, and Boat Lift i I LOCATION MAP Encroachment Request for Nino and Samantha Logan GPIN 2500-00-1010 Legend Feet RD D 50 100 200 [--] City Property - �- _ KPr:.1=a6✓.RG FIesAGENG.AfMP�•Lteware Cr �rro DY.257},[-1010_'C}-0C.1^_'].rnxc 'eP+.eu o7 r ci. c',y: c, y .+wFv.. .,-•..�. .... �� -. Rear view of vacant land at 2333 Leeward Shore Drive (proposed subject encroachment) Looking North West along back of property line ueq �77 titZi Cit �5'y J J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Approve the Supplanting of State Funds with City Funds for the Sheriff's Office to Fund the Master Deputy and Sheriff Career Development Programs MEETING DATE: June 28, 2011 ■ Background: The Sheriff's Office currently participates in the Sheriff Career Development Program and the Master Deputy Program. The Master Deputy Program rewards eligible participants enrolled in the program by promoting them to the pay grade of Master Deputy, with a corresponding increase of 10% in salary. The Sheriff Career Development Program rewards enrolled sheriffs by increasing the State -funded salary by 9.3%. The State Compensation Board regulates the number of participants in these programs through an enrollment application process. In FY 2010, the Sheriff's Office had 72 participants enrolled in the Master Deputy Program, who received the associated bonus. Additionally in FY 2010, Sheriff Lanteigne was enrolled in the Sheriff Career Development Program and received a salary bonus of 9.3% of the State portion of his salary from the State Compensation Board. The 2010 General Assembly approved language restricting reimbursement for these programs to those participants enrolled prior to January 1, 2010. Thus, the State Compensation Board will not reimburse the City for the portions of the salaries attributable to these programs for Master Deputies and the Sheriff because these employees were not participants prior to January 1, 2010. On August 10th 2010, City Council authorized the Sheriff's Office to use local funding to maintain up to 72 Master Deputy positions with the acknowledgement that these funds would not be reimbursed by the State. The City Council also authorized an $11,767 bonus for Sheriff Stolle to allow his participation in the Sheriff Career Development Program. On February 6, 2001, the City Council adopted the City Council Policy, "Not Supplanting State, Federal, and Private Funds with Local Funds." Because this request for funding supplants State funding, the Sheriff requests the Council authorize this use of funds. ■ Considerations: The Sheriff has requested to use FY 2012 City funding to supplant state reimbursements for the salary costs associated with certain participants of the Master Deputy and Sheriff Career Development programs. The estimated local amount being supplanted in FY 2012 will be $11,767 for Sheriff Stolle and a total $82,007 for Master Deputies. While it is possible that this state funding could be restored in FY 2012, the General Assembly may not reinstate these programs, and thus, this could be a recurring issue in future budget years. ■ Public Information: Public information will be handled through the normal Council Agenda notification process. ■ Attachments: Ordinance Recommended Action: Submitting Department/Agency: Sheriff's Office City Manager: 1 AN ORDINANCE TO APPROVE THE SUPPLANTING 2 OF STATE FUNDS WITH CITY FUNDS FOR THE 3 SHERIFF'S OFFICE TO FUND THE MASTER 4 DEPUTY AND SHERIFF CAREER DEVELOPMENT 5 PROGRAMS 6 7 WHEREAS, the Sheriff has requested the use of City funds from the Sheriff's 8 Department FY 2011-12 Operating Budget to supplant state funding reductions related 9 to participation in the Master Deputy Program and the Sheriff Career Development 10 Program; and 11 12 WHEREAS, the City Council has a City Council Policy to prevent, to the extent 13 possible, the shifting of financial responsibility for State, Federal, or privately funded 14 programs to the citizens of Virginia Beach by not supplanting those funds with local 15 funds, and any deviation from this policy requires Council authorization. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 That the Sheriff's Department is authorized to use City funds, within the FY 2011- 21 12 Operating Budget of the Sheriff's Office, to supplant lost State reimbursement for the 22 Sheriff Career Development bonus of $11,767 and the salary increases attributable to 23 maintaining the Master Deputy Program at the State Compensation Board FY 2009-10 24 level of 72 Master Deputy positions. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ZA�7 --DZA-1 . anage ent Servicesi y Attor O ice CA 11924 R-2 June 21, 2011 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the FY 2011-12 Operating Budget of the Department of Housing and Neighborhood Preservation MEETING DATE: June 28, 2011 ■ Background: The FY 2011-12 Operating Budget of the Department of Housing and Neighborhood Preservation (DHNP) consists of over 90% in Federal funding. Because final federal allocations were not available at the time the City's budget was adopted, staff prepared the budget by assuming that "level" funding would be received, i.e. DHNP would receive the same amount as it received in the current year. On May 27th, actual allocation figures were received. The DHNP budget requires amendment to match these allocations. The total net reduction in Federal Funding is $929,588. Through a combination of using reserves, the availability of some carry -forward funding, additional department revenue generation, and some program reductions, the department will still be able to fulfill most of its goals for the year. However, some programs will receive a smaller amount of available funds and, thus, fewer households will be able to be assisted. The following are the proposed changes the department is requesting to balance its budget and to achieve its goals: 1. $87,141 will be reduced in the Community Development Special Revenue Fund (Fund 180) as follows (Section A of the attached ordinance): • $97,141 in Federal revenue will be reduced. This is offset by a $10,000 increase in Rental Inspections revenue. The $87,141 reduction will be restored from an increase in revenue generated through a lien collection project that is presented for consideration as a separate agenda item at this meeting. 2. $348,601 reduction in CD Loan and Grant Fund (Fund 181) as follows (Section B of the ordinance): • $62,423 reduction in the Homeless Emergency Program and the Optional relocation program, which will reduce the number of households assisted with grants to avoid homelessness by approximately 50; however, additional federal funding expected later this year that may substitute for this funding. • $89,000 reduction in funding to the Virginia Beach Community Development Corporation (VBCDC): $60,000 in this reduction would have funded the rehabilitation of three houses currently owned by VBCDC. This work, most likely, will not be completed; $29,000 would have served as a match for a VBCDC federal grant, and the VBCDC is expected to use its reserves to substitute for this reduction. • $189,627 reduction to various homeowner rehabilitation programs because these activities were delayed in the current year due to a new Federal licensing requirement. Existing unspent appropriations from the current year are available to help offset these reductions. • $7,551 of miscellaneous reductions will be made. 3. $331,953 of fund balance is appropriated to offset $313,616 in Federal HCV administrative funding reductions in the Federal Section 8 Program Special Revenue Fund (Fund 147). Fund balance has accumulated over time due to efficiencies in administrative operations. These reserves are sufficient to substitute for the reduction in funding for both FY 2011-12 and FY 2012-13. However, it is fully recognized that if funding at this new level becomes permanent, significant changes in staffing will be required, and this will be addressed in the next two budget cycles. Additional appropriations of $18,337 are being requested to fund the re -allocation of staff costs that are necessary due to the reduction in the HOME Program (Section C of the ordinance). 4. $13,851 in additional Housing Opportunities for Persons with AIDS Program funds will increase the Grants Consolidated Special Revenue Fund (Fund 183), and will provide for additional administrative funding as well as additional programmatic funds for the non-profit organizations that manage the program (Section D of the ordinance). 5. $710 Emergency Shelter Grant Program Fund reductions will reduce the Grants Consolidated Special Revenue Fund (Fund 183). These reductions will be achieved will little to no effect on the Homeless Programs assisted (Section E of the ordinance). 6. $183,371 reduction of HOME Program funding will impact the Federal Housing Assistance Grant Fund (Fund 182) and will affect the following programs (Section F of the ordinance): • $150,000 reduction to the First-time Homebuyer Program and $15,034 reduction to the Rental Security Deposit Program. Prior year unexpended appropriations are available for the First-time Homebuyer program due to the Federal licensing changes that can serve to offset the reduction in current year revenue. • $18,337 in operating costs charged to the HOME program, which will be shifted to the Housing Choice Voucher (HCV) program. 7. $126,000 to be transferred: $60,000 within the Federal Housing Assistance Grant Fund; and $66,000 within the CD Loan and Grant Fund. These transfers will help lessen the impacts of the FY 11-12 Funding loss (Sections G & H of the ordinance). ■ Considerations: It is necessary to adjust the adopted budget to the actual allocations of Federal funding. The department's proposed adjustments are recommended for approval, subject to the understanding conveyed above. ■ Public Information: The department has informed affected non -profits about cuts to their proposed funding. For the other changes, the normal council advertisement process will provide public information. ■ Alternatives: While alternatives to the proposed changes are possible, the actions proposed in the ordinance, when taken together, are recommended as those that will most effectively use available funds. ■ Recommendations: Approval of the attached ordinance ■ Attachments: Ordinance Recommended Action: Approva Submitting Department/Agency: ' Dbpartment of Housing and Neighborhood Preservation City Manager: w 1 AN ORDINANCE TO AMEND THE FY 2011-12 2 OPERATING BUDGET OF THE DEPARTMENT OF 3 HOUSING AND NEIGHBORHOOD PRESERVATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1. That the Department of Housing and Neighborhood Preservation's FY 2011-12 9 Operating Budget is amended by the amounts and purposes set forth below: 10 11 (A) $87,141 of previously appropriated funding is hereby reduced, with 12 estimated federal revenue decreased by $97,141 offset by an increase in $10,000 of 13 local inspection revenues, within the Community Development Special Revenue Fund; 14 15 (B) $348,601 of previously appropriated funding is hereby reduced, with 16 estimated federal revenue reduced accordingly, within the CD Loan and Grant Fund; 17 18 (C) $331,953 of fund balance is hereby appropriated, with revenues from 19 specific fund reserves increased accordingly, to the Federal Section 8 Program Special 20 Revenue Fund and $313,616 of previously appropriated funding is hereby reduced, with 21 estimated federal revenue reduced accordingly, within the Federal Section 8 Program 22 Special Revenue Fund; 23 24 (D) $13,851 of additional revenue is hereby appropriated, with estimated 25 federal revenue increased accordingly, to the Grants Consolidated Special Revenue 26 Fund; 27 28 (E) $710 of previously appropriated funding is hereby reduced, with 29 estimated federal revenue decreased accordingly, within the Grants Consolidated 30 Special Revenue Fund for the Emergency Shelter Grant Program; 31 32 (F) $183,371 of previously appropriated funding is hereby reduced, with 33 estimated federal revenue decreased accordingly, within the Federal Housing 34 Assistance Grant Fund; 35 36 (G) $66,000 of grant funds is hereby transferred within the CD Loan and 37 Grant Fund to maximize the provision of various housing services; and 38 39 (H) $60,000 of grant funds is hereby transferred within the Federal Housing 40 Assistance Grant Fund to maximize the provision of various housing services. 41 42 2. The effective date of this ordinance is July 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT jjL Management Services CA11912 R-1 June 14, 2011 APPROVED AS TO LEGAL SUFFICIENCY: Cit sO ice CITY OF VIRGINIA BEACH ITEM: An Ordinance to Appropriate Funds to the FY 2010-11 Operating Budget of the City Treasurer to Purchase Mail Processing Equipment MEETING DATE: June 28, 2011 ■ Background: The City Treasurer is requesting $135,000 to cover the cost of purchasing three new pieces of mail processing equipment and the renovation needed to relocate these pieces to a more productive, secure location. The equipment in question is the remittance processor, an automated envelope opener, and an extractor. Each item has reached and even surpassed its normal product life expectancy. The request also covers the cost of relocating all three machines to an available area that connects to the existing mailroom, which would prevent mail from being transferred back and forth multiple times through a public hallway. ■ Considerations: The City Treasurer was notified in March that their remittance processor will no longer receive product support at the end of 2011. This machine processes payments and electronically deposits money into the bank on a daily basis and is the most costly part of this request, $69,535. If this machine were to break down, operations and revenue being deposited to the bank would cease until out-of-date replacement parts could be secured and replaced. Such a break down would cause lost revenue due to forgone daily interest. The Treasurer's Office has owned the current remittance processor since, 2001; the extractor since 1998; and the automated envelope opener prior to that. The funding source to meet this request is additional revenue projected in City Treasurer charges for FY 2010-11. ■ Public Information: Public information will be handled through the normal agenda process. ■ Recommendations: Approval of Ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Treasurer '' City Manager: /C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO APPROPRIATE FUNDS TO THE FY 2010-11 OPERATING BUDGET OF THE CITY TREASURER TO PURCHASE MAIL PROCESSING EQUIPMENT WHEREAS, the existing mailing equipment has surpassed its normal product life expectancy. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $135,000 in revenue from City Treasurer charges is hereby appropriated, with estimated revenue increased accordingly, to the FY 2010-11 Operating Budget of the City Treasurer for the replacement of mail processing equipment. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Management Services CA11901 R-1 June 7, 2011 APPROVED AS TO LEGAL SUFFICIENCY: 3' or y's Office r{ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from Code Enforcement Revenues to the FY 2011-12 Operating Budget MEETING DATE: June 28, 2011 ■ Background: The Code Enforcement Division of the Department of Housing and Neighborhood Preservation (DHNP) is responsible for abating nuisances on private property where the property owner fails to comply in a timely fashion. The Division contracts with a private nuisance abatement company to perform all property maintenance services. These services include: cutting overgrown grass and weeds in excess of 10 inches, and removing trash, junk, and debris. Property owners are billed for the cost of this work plus an administrative fee, and are given 30 days to remit a payment. As provided by state law, a lien, ranking on parity with tax liens, may be placed against the property for all outstanding invoices that are delinquent for 30 days. Historically, the department has not pro -actively sought to collect payment on these liens. Rather, the City receives lien payments that were initiated by property owners based on individual circumstances. In 2009, as a possible process improvement and revenue enhancement initiative, discussions took place between code enforcement staff and the City Treasurer's Office to determine whether the institution of collection actions was desirable. A trial process was implemented, and the Treasurer's Office collected $89,187 over an eleven month period. Their efforts represent a 56% collection rate on only 153 total cases. Staff estimates that there are an additional 950 liens on which collection should be attempted in a timely fashion. This pro -active collection effort will accelerate the receipt of revenue due, and avoid the loss of revenue as liens age and collection becomes more difficult or in some cases not possible. DHNP and the Treasurer's office estimate that an additional $190,000 in collection from liens, in addition to the budgeted estimate of $50,000, can be collected in FY 2011-12. To conduct the additional work, DHNP proposes the hiring of one contractual account clerk at a cost of $22,000. The City Treasurer recommends that $57,000 be provided for a one-time renovation to the Treasurer's Office that will help improve the efficiency of staff operations. The residual amount of $111,000 will be allocated as follows: $87,141 will restore a reduction that resulted of a Federal budget reduction and is presented on a companion Agenda Request Item at this meeting; and $23,859 will be appropriated to the General Fund, Reserve for Contingencies to address other unanticipated needs that may occur during the fiscal year. ■ Considerations: Because the collection process is time consuming and there is a substantial backlog of liens, existing staff cannot perform the additional work. DHNP proposes to hire a contractual clerk to address the backlog of liens and to create a formal process for collecting newly placed liens in the future. The clerk will work 32 hours per week for 12 months. At the conclusion of this 12 months, DHNP will evaluate the need to continue with the contractual clerk and will determine if existing staff can maintain the workload under the new process. Code Enforcement places an average of 536 liens annually. The average annual amount of liens placed over the past 3 years is $157,980. ■ Public Information: Public information will be coordinated through the regular Council agenda notification process. ■ Recommendations: Approval of attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Housing and Neighborhood Preservation City g Mana er: • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE TO APPROPRIATE FUNDS FROM CODE ENFORCEMENT REVENUES TO THE FY 2011-12 OPERATING BUDGET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $109,141 in Code Enforcement lien revenue is hereby appropriated, with local revenues increased accordingly, to the FY 2011-12 Operating Budget of the Department of Housing and Neighborhood Preservation to process delinquent tax liens and restore a reduction in Federal revenue; 2. $57,000 in Code Enforcement lien revenue is hereby appropriated, with local revenues increased accordingly, to the FY 2011-12 Operating Budget of the City Treasurer for a renovation project to improve the efficiency of staff operations; 3. $23,859 in Code Enforcement lien revenue is hereby appropriated, with local revenues increased accordingly, to the FY 2011-12 General Fund Reserve for Contingencies; 4. The effective date of this ordinance is July 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 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 r y's Office CA11911 R-1 June 14, 2011 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to the FY 2010-11 Operating Budget of the Police Department to Purchase Equipment to Prevent and Respond to Potential Acts of Terrorism MEETING DATE: June 28, 2011 ■ Background: The Department of Criminal Justice Services has awarded the Virginia Beach Police Department grant funds passed through from the U.S. Department of Homeland Security through the 2009 State Homeland Security Grant Program. This grant will be active through July 31, 2011. The grant provides $74,000 of federal funding and has no match requirement. The purpose of this funding is to provide federal funds to assist local law enforcement agencies in the prevention of terrorist acts. This grant allows the Police Department to purchase either personal protective equipment or license plate readers. Equipment purchased will include tactical entry vests and mobile license plate readers. These items were not funded through the normal budget process. ■ Considerations: The City is not required to provide a match for this grant. The items purchased with these grant funds are not guaranteed to be replaced by the City. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendations: It is recommended that Council accept and appropriate the grant award of $74,000. ■ Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Police Department City Manager: S `L'� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO THE FY 2010-11 OPERATING BUDGET OF THE POLICE 3 DEPARTMENT TO PURCHASE EQUIPMENT TO PREVENT 4 AND RESPOND TO POTENTIAL ACTS OF TERRORISM 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 That $74,000 is hereby accepted from the Department of Homeland Security 8 through the Department of Criminal Justice Services and appropriated, with estimated 9 federal revenues increased accordingly, to the FY 2010-11 Operating Budget of the Police 10 Department to purchase tactical entry vests and mobile license plate readers to prevent 11 and respond to potential acts of terrorism. The items purchased with these grant funds are 12 not guaranteed to be replaced by the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 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 Servicesr y s Office CA11906 R-1 June 10, 2011 COMMONWEALTH ®f VIRGINIA Department of Criminal Justice Services March 26, 2010 1100 Bank Street Richmond, Virginia 23219 (804) 786-4000 TDD t8041386-8732 Mr. James K. Spore City Manager t� . City of Virginia Beach 2401 Courthouse Drive Virginia Beach, VA 23456 i ._ JJAq i RE: State Homeland Security Program Grant No: 10-A2172HS09 CBRNE Personal Protective Equipment and License Plate Reader ; r 4, Dear Mr. Spore: The State Homeland Securi1y Program (SHSP) is funded by the U.S. Department of Homeland Security through the Virginia Department of Emergency Management and is available to assist state and local law enforcement agencies in preventing or responding to potential acts of terrorism. The Department of Criminal Justice Services (DCJS) is designated the administering agency for SHSP grants. I am pleased to inform you that your locality has been awarded $74,000.00 in federal funds under this program. These funds are awarded to assist you in detecting, deterring, disrupting and preventing acts of terrorism. No local matching funds are required for this program. See grant guidelines (attached) for delineation of your localities specific project award category. Grant funds have been awarded for specific requested equipment. You cannot change or exchange equipment within categories without prior approval from DCJS. Enclosed please find a Statement of Grant Award and Special Conditions. Please review all documentation pertaining to this award very carefully as they include specific requirements about the procedures you must follow in order to receive grant funds. To indicate your acceptance of the award and special conditions, please complete and sign the award and return it no later than ; alr. rt. nn tri `W to Janice Waddy, Grants Administrator, at DCJS, 1)f r 5 , Richmond, VA 23219. We will be happy to assist you in any way we can to assure your success with this award. If you have questions about the program guidelines, please call Shelia Anderson at 804/786-9469 or e-mail her at Shelia.Anderson@dics.virginia.gov. Sincerely, rnterim G. Colligan Director cc: A.M. Jacocks, Jr., Chief of Police Ms. Patricia A. Phillip, Finance Director Shelia Anderson, DCJS Monitor Criminal Justice Service Board • Committee on Training • Advisory Committee on Juvenile Justice Advisory Committee to Court Appointed Special Advocate and Children's Justice Act Programs Private Security Services Advisory Board • Criminal Justice Information Systems Committee www.dcjs.virginia.gov Department of Criminal Justice Services 1100 Bank Street, 12th floor, Richmond, VA 23219 Statement of Grant Award/Acceptance Subgrantee: v n Beach %itj' Yate: IVI22"clt 26, 2lJiv Grant Period: Grant Number: From: 04/01/2010 Through: 07/31/2011 10-A2172HS09 Project Director Project Administrator Finance Officer Chief A. M. Jacocks Mr. James K. Spore Ms. Patricia A. Phillip Chief of Police City Manager Finance Director VA Beach Police Dept City of Virginia Beach City of Virginia Beach 2509 Princess Anne Road 2401 Courthouse Drive 2401 Courthouse Drive Virginia Beach, VA 23456 Virginia Beach, VA 23456 Virginia Beach, VA 23456 Phone: (757) 385-4141 Phone: (757) 385-4242 Phone: (757) 385-4681 Email: ajacocks c@vbgov,com Email: jspore@vbgov.com Email: pphillip@vbgov.com Grant Award Budget Budget Categories DCJS Funds Federal State Locality Match TOTALS Consultant $0 $0 $0 $0 Equipment $74,000 $0 $0 $74,000 Indirect Cost $0 $0 $0 $0 Personnel $0 $0 $0 $0 Supplies/Other $0 $o $0 $0 Travel $0 $0 $0 $0 Totals $74,000 $0 $0 $74,000 This grant is subject to all rules, regulations, and criteria included in the grant guidelines and the special conditions attached thereto. ohn G. Colligan, Interim Director In accepting this award, you are acknowledging that you have consulted with all local law enforcement agencies within your locality, including towns and incorporated towns, and they had an opportunity for comment and input for the funding plan for this application. The undersigned, having received the Statement of Grant Award/Acceptance and the Conditions attached thereto, does hereby accept this grant and agree to the conditions pertaining thereto, this 7_01 day of a f .; t!... , 20 10 , Signature ' Title: o`L�im{nal�4` ' Commonwealth of Virginia E Department of Criminal Justice Services Grants Management & Administration I vn Bat:.: /i! a t LaLl�� c-, I_j Locality and Grant number Non -Supplanting Certification I certify that any funds awarded under the fiscal year (Grant year/name) will be used to supplement existing funds for programs activities, and will not replace (supplant) non-federal funds. aa� --♦ . book Si na of Designated Agent: is form must be signed by one of the N42 : the ci or county manager; the county executive; the mayor, the chairman of the Board of Supervisors.) Locality `J Title h L1 "it)-- y a q Phone # and email Mail completed form to: Department of Criminal Justice Services Grants Management 1100 Barak St. Richmond, VA 23219 2009 STATE HOMELAND SECURITY GRANT PROGRAM GUIDELINES AND APPLICATION INSTRUCTIONS F�, a ImInm %..# I 1Q. Q. r�n � ``� DCJS / Department of Criminal Justice Services 1100 Bank Street Richmond,Virg inia 23219 I. Introduction The 2009 State Homeland Security Program Grant award provides federal funds to assist local law enforcement agencies in the prevention of terrorist acts. As the Commonwealth's criminal justice planning agency, the Department of Criminal Justice Services (DCJS), is designated the administering agency for these funds awarded to taw enforcement agencies through local jurisdictions. II. Requirements/Limitations Amount Available Maximum award amounts and localities to receive funds are stated in the following program briefs. Funds will be awarded on a reimbursable basis. Nan -Supplanting Grant funds may not be used to supplant state or local funds that would otherwise be available for these purposes. Any obligated funds not allocated at the end of the grant period will not be reimbursed. Match Requirement No match required. Grant Period The award period for this grant is April 1, 2010 to July 31, 2011. III. Program Briefs Funding categories awarded for the 2009 State Homeland Security Program are: 1. CBRNE armored incident response vehicles designed to support regional assistance requests, deemed prudent by the parent department, for a tactical team capable of operating in a CBRNE environment. Minimum vehicle requirements include ballistic protection to NU IV standards, on board Self -Contained Breathing Apparatus as well as explosive gas and radiation detection systems. 2. CBRNE Personal Protective Equipment intended to protect tactical teams responding to an incident in a CBRNE environment. 3. Automatic license plate readers in mobile or fixed mounting that captures license plate numbers in real time, compares those numbers to a suspect database, and communicates the nature of the crime or infraction associated with the plate. 4. Bomb squad equipment that strengthens the preparedness of the squad to respond to bomb incidents. 2009 State Homeland Security Grant Guidelines and Instructions 2 Authorized Program Expenditures Allowable expenditures include the purchase of CBRNE armored incident response vehicles, CBRNE Personal Protective Equipment, license plate readers, and bomb squad equipment as well as associated services and training. The localities listed below will receive funds in the amounts indicated. Funding .,!2 and localities awarded listed below CBRNE ARMORED INCIDENT RESPONSE VEHICLE and CBRNE PERSONAL PROTECTIVE EQUIPMENT Arlington County $285,000 Chesterfield County $285,000 Galax City $285,000 Lynchburg City $285,000 Newport News City $285,000 Norfolk City $285,000 Roanoke City $285,000 CBRNE ARMORED INCIDENT RESPONSE VEHICLE, CBRNE PERSONAL PROTECTIVE EQUIPMENT and LICENSE PLATE READER Botetourt County $302,000 Charlottesville City $302,000 Danville City $319,000 Rockingham County $302,000 Stafford County $302,000 Warren County $302,000 CBRNE ARMORED INCIDENT RESPONSE VEHICLE, CBRNE PERSONAL PROTECTIVE EQUIPMENT and BOMB SQUAD EQUIPMENT Bristol City $335,000 CBRNE PERSONAL PROTECTIVE EQUIPMENT and LICENSE PLATE READER Roanoke County $57,000 Virginia Beach City $74,000 CBRNE PERSONAL PROTECTIVE EQUIPMENT Fairfax County $40,000 Henrico County $40,000 Prince William County $40,000 Alexandria City $40,000 LICENSE PLATE READER Albemarle County $17,000 Augusta County $17,000 Campbell County $17,000 Carroll County $17,000 2009 State Homeland Security Grant Guidelines and instructions Chesapeake City $42,000 Emporia City $17,000 Fauquier County $17,000 Franklin County $17,000 Fredericksburg City $I7,000 Giles County $17,000 Grayson County $17,000 Isle of Wight County $17,000 Loudoun County $17,000 New Kent County $17,000 Prince George County $17,000 Salem City $17,000 Scott County $17,000 Staunton City $17,000 Suffolk City $17,000 Washington County $17,000 Waynesboro City $17,000 Williamsburg City $17,000 Winchester City $17,000 Wise County $17,000 Wythe County $17,000 TOTAL $4,900,000 Equipment The Responder Knowledge Base website contains 21 allowable prevention, protection, response, and recovery equipment categories in addition, equipment standards for FY 2010 HSGP. The Authorized Equipment List (AEL) located on the Responder Knowledge Base (RKi3), at https://www.rkb.us .provides a list of authorized equipmentfor each authorized category of funding. Unless otherwise stated, equipment must meet all mandatory regulatory and/or DHS -adopted standards to be eligible for purchase using these funds. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Adaintenance and Service Fees The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable under all active and future grant awards, unless otherwise noted. Grantees are reminded to be sensitive to supplanting issues. Maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees previously purchased with State and or local fiends cannot be replaced with Federal grant funding. Routine upkeep (e.g., gasoline, tire replacement, routine oil changes, monthly inspections, grounds, and facility maintenance, etc.) is the responsibility of the grantee and may not be funded with preparedness grant funding. The term of maintenance contracts or warranties shall not exceed the period of performance of the grant to which the contract is being charged. Training Technical assistance to train existing staff in the operation or maintenance of any equipment component Prohihited Expenditures 2009 State Homeland Security Grant Guidelines and Instructions Grant funds shall not be used to purchase firearms, ammunition and related equipment; clothingluniforms; construction or renovation; land acquisition; lobbying and political contributions; honoraria; personal entertainment; personal phone calls; food and beverages and luxury vehicles. IV. How and Where to Submit Award Documents Each locality listed will receive a Statement of Grant Award package from the Department of Criminal Justice Services. This package will include an Award Letter, Certifications Regarding Lobbying and Debarment, General Grant Conditions and Assurances, Non - Supplanting Certification. To acknowledge acceptance of the grant and terms of agreement, sign and return these documents no later than 4:00 PM on April 15, 2010 Submit signed Award Documentation to: Department of Criminal Justice Services Grants Management (attn: Janice Waddy) 1100 Bank Street Richmond, VA 23219 V. Forms and Instructions Listed below are the documents for the 2009State Homeland Security Program Grant that must be completed and returned prior to requesting reimbursement of funds. Itemized Budget Form Budget Narrative Certification of Lobbying and Debarment Form General Grant Conditions and Assurances Itemized Budget Form Use the "Itemized Budget" form to detail all proposed expenditures. Download this form from the DCJS website at http://www.dcjs.virginia.gov/forms/grants/grantbudg.pdf. Directions for completion of the Itemized Budget Form can be located at http://www.dcjs.vir inia.gov/forms/grants/itemizedBudgetlnstructions pd£ All instructions apply with the exception of the categories of equipment and supplies listed below. a. Equipment List separately each item to be purchased along with the Authorized Equipment List number found at Responder Knowledge Base http://www.rkb.us/lists.cfm, unit cost and total cost. b. Supplies and Other Operating Expenses Major item types (e.g., office supplies, training materials, research forms, telephone, and postage) should be listed as an itemized cost within this category. The basis for cost computations should be shown ("x" dollars per month for office supplies; "y" 2009 State Homeland Security Grant Guidelines and Instructions dollars per person for training materials; telephone long distance at "z" dollars per month, etc.). Office rental costs must be reasonable and consistent with rents charged in the area. Budget Narrative Concisely explain the rationale for each item listed on the Itemized Budget Form Any item not justified or related to the proposed project will be removed. VI. Award Requirements Award Forms Review the award package and Statement of Grant Award. If you agree to the terms and conditions stated in the award package, sign and date the Statement of Grant Award/Acceptance (SOGA) document and return it to DCJS by 4:00 p.m. April 15, 2010. Decline ofAward If you do not wish to accept this award, or comply with the terms and conditions of the award, submit a letter indicating that you wish to decline the award and mail it to Ms. Janice Waddy, Department of Criminal Justice Services, Grants Management, 1100 Bank Street, Richmond, VA 23219: VII. Reimbursement Procedures To request reimbursement of funds, submit the following document to DCJS, Grants Management. Request for Funds & Project Expenditure Form This grant is a reimbursement grant. In order to receive reimbursement, submit the Request for Funds & Project Expenditure Report Form and proof of purchase through electronic means or mail to Grant Monitor, Shelia Anderson 1100 Bank St. Richmond, Virginia 23219. The only authorized forms of proof of payment are: a. Invoice for payment, that includes accounting data b. Copy of Payment check displaying proof of payment c. Copy of credit card receipts for items listed for reimbursement The request for reimbursement cannot be approved unless all required reports are submitted. To expedite review process, sequentially number each item requested and corresponding proof of payment document. Download the Request for Funds & Project Expenditure form at. http:/www.dcjs.virginia.gov/Cple/RFPE.XXX 2009 State Homeland Security Grant Guidelines and Instructions If, during the course of the project, you find it necessary to add, modify, or delete a line item in any category listed in your budget, submit an email or written request to Grant Monitor, Shelia Anderson at she]ia.anderson@dcjs.virginia.gov. Non-SuMlanting Certification Submit the Non -Supplanting Certification form signed by authorized agent as listed on the form. This form must be provided with your Statement of Grant Acceptance document in order to receive reimbursements. The form is available at http://www.dcis.virginia.gov/forrns/cpleXXXX non -supplanting 2009.doc Quarterly Progress ss Report Quarterly Progress Reports are due fifteen (15) days after the end of each quarter. The first Quarterly Progress Report will be due at the end of the first reporting period after the grant award. The Quarterly report form can be located at http://www.dcis.virginia/form/CPLEXXX Quarterly 2009.doc. Mail completed forms to; Shelia Anderson Department of Criminal Justice Services Grants Management 1100 Bank Street Richmond, Virginia 23219 Quarter Report Due January — March Aril 15 April — June July 15 July — September October 15 October — December January 15 NO FINANCIAL REPORT IS REQUIRED FOR THIS GRANT Contact Assistance For questions regarding the acceptance or decline of this award, contact Janice Waddy, Grant Administrator at (804) 786-4011 or e-mail her at i ani c e. waddy@dc i s. v i rg in i a. gov. For questions regarding grant management, contact Shelia Anderson, Grant Monitor (804) 786-9469 or email her at shelia.anderson@dcjs.virginia.gov. For questions regarding program issues, contact Sam Hoffman, Homeland Security Coordinator at (804) 225-3899 or e-mail him at sam.hoffman(ddcjs.virginia.go_v. 2009 State Homeland Security Grant Guidelines and Instructions Checklist, Forms, Websites. and Deadlines Certifications Regarding Lobbying Form — (included in package) signed by Project Manager http://www.dcis.vir-ginia.gov/forms/grants/usdoi.pdf General Grant Conditions and Assurances Form — (included in package) signed by Project Manager http://www.dcis.virginia.gov/fonns/gTants/attachmentA.doc Itemized Budget Form - Total amount requested may not exceed program allowance http://www.dcjs.virginia.gov/forms/grants/grantbudg.pdf Budget Narrative — a written explanation of each item listed in the Itemized Budget Form Request for Funds & Project Expenditure Report Form -- completed and signed by Financial Officer or representative (submit when ready to request funds) http:/www.dcjs.virginia.gov/cple/RFPE.XXX Quarterly Progress Report Form httu://www.dcis.virginia/form/CPLEXXX Quarterly 2009 doc Non -Supplanting Certification Form (included in package) sign by Project Administrator biip://www.deis.virginia.gov/forms/cpleXXXX v/forms/cpleXXXX non -supplanting 2009 doc Agency website http://www.deis-virginia.go Responder Knowledge Base http://www.rkb.us/lists.cfin Mail or hand deliver completed SODA, Certifications Regarding Lobbying Form, General Grant Conditions and Assurances Form and Non -Supplanting Certification Form to DCJS, Grants Administration, attn: Janice Waddy, 1100 Bank Street, Richmond, Virginia 23219 by 4:00 p.m. April 15, 2010. Emailed or faxed copies will not be accepted. Submit your Itemized Budget and Budget Narrative for review and approval, 30 days prior to your first request for reimbursement of funds. Itemized Budget and narrative can be mailed to DCJS or emailed to Grant Monitor Shelia Anderson. Approval of items requested must be received prior to initial request for reimbursement. Reimbursement of funds will not be authorized without prior written authorization. Contact grant Monitor Shelia Anderson for application assistance at (804)786-9469 2009 State Homeland Security Grant Guidelines and Instructions s It t +� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from the Fire Department Gift Fund MEETING DATE: June 28, 2011 ■ Background: In January 2010, the City Council adopted an ordinance to delegate authority to the City Manager to accept certain gifts on behalf of the City. The City has a Fire Gift Fund (Fund 917) to provide a method for individuals to donate money to the Fire Department. The money is then deposited into the fund and tracked by the department to ensure it is expended for the purpose for which it was donated. $900 has been donated to Fire Station 7, and $200 has been donated to Fire Station 10 for use as deemed necessary by each of these Stations. Fire Station 7 requests permission to use these donated funds to purchase a new TV (and mounting equipment) and an audio surround sound system. Fire Station 10 requests permission to use donated funds for a glass top to protect their custom designed tabletop. ■ Considerations: State law requires an appropriation prior to the spending of these funds. ■ Public Information: Public Information will be coordinated through the normal Council agenda process. ■ Recommendations: Appropriate $1,100 from the Gift Fund balance into Fire Department's FY 2011-12 Budget. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department glw� City Manager: V . ��n 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM 2 THE FIRE DEPARTMENT GIFT FUND 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 1. That $1,100 from the Fire Department Gift Fund is hereby appropriated, with 8 estimated revenue increased accordingly, to the FY 2011-12 Operating Budget of 9 the Fire Department for the purchase of a television (Station 7) and glass tabletop 10 (Station 10); 11 12 2. That the effective date of this ordinance is July 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 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 r 's Office CA11907 R-1 June 13, 2011 City of Virginia Beach Transfer of Appropriations Request Log #: TO: Catheryn Whitesell, Director DEPARTMENT: Management Services FROM Vance Cooper DEPARTMENT: Fire FUND NAME: Fire Gift FUND #: 917 FISCAL YEAR: FY 2011-12 Debit: Increases an appropriation or decreases an estimated revenue Credit: DacreaseS nn nnmmnrinfinn nr innrna — oe0-4-A ...,,......,. LN FUND BUDGET OBJECT PROJECTor ^PROJECT DEPT. NO UNIT CODE GRANT # ACTIVITY PROGRAM DEBIT CREDIT 01 917 1,100 02 917 19901 606435 1,100 03 04 05 06 07 08 TOTAL: $ 1.100.00 if $ 1.100.00 REASON FOR REQUEST: Transfer funds to allow fire station 7 & 10 to purchase items for station. DEPARTMENT AUTHOF , P 61 ap6_ TITLE DATE ANALYSTS SIGNATURE DATE APPROVAL DISAPPROVAL COMMENTS: MANAGEMENT SERVICES DIRECTOR OR DESIGNEE DATE COMMENTS: DATE POSTED JOURNAL NUMBER POSTING NUMBER APPROVAL DISAPPROVAL BATCH NAME �ltY ©fc'x ec`1 C�1 moi._ t <. Op °(/R Na'riot�' DEPARTMENT OEFIRE To 117— • / fO/r &06 4 35" pRXVCiPAICENTHt (rsn3es-ane WILDING 21 FAX c 366-5676 MCOLM� 1}EORK TTY.. 711 �„i'7- OeF:/ VRaNaeEACKVA23+VcM Chief Joumigan, Company 7 was given a gift of $900.00 which we deposited into the gift fund. The members of Company 7 would like to access these funds to purchase the items listed below: Contact: Harold Inman 757-648-7647 • PN5113450 Samsung 51" Plasma TV ----- $639.99 • DAVDZ170 Sony Surround Sound System----- $I89.99 • 1 N 1 LB TV Wall Mount----- $79.99 Subtotal: $829.98 Tax: $41.50 Total: $871.48 A -Shift Captain: B -Shift Captain: • D_ C -Shift Captain:t_,4ga A -Shift B -Shift Battalion: C -Shift Battalion: T-^ i Chief Wade: Wok L Chief Journigan: TV �Y�- R2-) DEPARTMENT OF FIRE (757)-385-4228 MUNICIPAL CENTER FAX (757) 3855676 BUUING 21 TTY: 711 2408 COURTHOUSE DRIVE VIRGWA BEACH VA 234%9p65 May 22, 2011 The members of Company 10 are building a new station table. We are requesting the use of the $200.00 that is in the gift account for company 10 to be used towards the glass needed for the table top. The glass is going to be approximately $252.00. Then members of Company 10 will cover the additional costs. A -Shift Captains: . \ - n B -Shift Captains: C- Shift A -Shift B C-Shift B A -Shift D JAW C -Shift District: c�•!� Oi "�}r> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer the GrowSmart Office to the Department of Economic Development MEETING DATE: June 28, 2011 ■ Background: In 1998, the City created Ready to Learn (RTL), an initiative committed to ensuring that our youngest citizens begin their journey in life healthy and ready to succeed in school and life. The initiative focused on pre -natal to five year-old children ("Young Citizens"). In 2003, the City Council appropriated funding in the Library budget to establish the Ready to Learn Coordinator to lead this initiative. In 2009, Virginia Beach GrowSmart was formed by integrating the RTL Office with the Public Health Department's Healthy Families program, which enabled an even broader coalition of government, schools, non-profit and community agencies serving Young Citizens. Broadening the focus of this office was based on a 2007 community planning effort to gather and analyze community data and demographics pertaining to Young Citizens in Virginia Beach and develop an action plan to address key issues. This study was funded by Smart Beginnings South Hampton Roads. In 2009, Smart Beginnings awarded Virginia Beach a $500,000 grant over 5 years to fund that action plan. ■ Considerations: City Council has been provided with the expanded proposal (attached) to reposition the VB GrowSmart Office from the Public Library Department to the Economic Development Department as part of its workforce development initiatives, effective July 1, 2011. In order to relocate the GrowSmart Office, the GrowSmart Coordinator position and related appropriations will be transferred to the Economic Development Department. This amount totals $131,341. In addition, $28,580 will be transferred from the General Fund Reserve for Contingencies to fund a contractual position for administrative support, bringing the total transfer amount to $159,921. The position currently assigned to administrative support for the GrowSmart Office will remain in the Library Department. This position is shared between the Youth and Family Services Office and GrowSmart, and will need to remain with Youth and Family Services to allow that division to accomplish its mission. ■ Public Information: Public information will be coordinated through the normal City Council agenda process. ■ Alternatives: Maintain the GrowSmart Office in the Public Library Department. ■ Recommendations: The Library Department recommends that City Council approve the ordinance to transfer $159,921 and 1 FTE to the Economic Development Department. ■ Attachments: Ordinance and Memo Recommended Action: Approval of Ordinance �_,W Submitting Department/Agency: Department of Public Libraries City Manager: 1 AN ORDINANCE TO TRANSFER THE GROWSMART 2 OFFICE TO THE DEPARTMENT OF ECONOMIC 3 DEVELOPMENT 4 5 WHEREAS, the GrowSmart Office (formerly Ready to Learn) has been located in 6 the Department of Public Libraries since 1998; and 7 8 WHEREAS, the GrowSmart Office, including the GrowSmart Coordinator 9 position, more closely aligns with the Department of Economic Development's 10 Workforce Development Office. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 1. That the $159,921 is hereby transferred to the FY 2011-12 Operating Budget of 16 the Department of Economic Development in the amounts designated from the following 17 sources: 18 19 (a) $131,341 from the FY 2011-12 Operating Budget of the Department of Public 20 Libraries; and 21 22 (b) $28,580 from the FY 2011-12 General Fund Reserve for Contingencies. 23 24 2. That the effective date of this ordinance shall be July 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C� Management Services CA11904 R-1 June 9, 2011 ffice it 's Off K. PLANNING 1. Application of MILITARY AVIATION MUSEUMIVIRGINIA BEACH AIRPORT, LLC for Modification of a Conditional Use Permit (approved on January 9, 2007) at 1341 Princess Anne Road (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION APPROVAL 2. Applications of SUKHWINDER BHARJ at 5792 Northampton Boulevard (DISTRICT 4 — BAYSIDE) a. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) b. Conditional Use Permit re mini warehouse storage RECOMMENDATION APPROVAL 3. Application of CITY OF VIRGINIA BEACH for the closure, of a public right-of-way at 2201 Elson Green Avenue and 2077 Princess Anne Road with conveyance to David B. and Luke H. Hill (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION APPROVAL TF! NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, June 28, 2011, at 6:00 p.m. The following applications will be heard: PRINCESS ANNE DISTRICT City Of Virginia Beach (Elson Green) Application: Street Closure for an unnamed 70' public right-of-way dedicated adjacent to 2201 Elson Green Avenue and 2077 Princess Anne Road. Military Aviation Museum/Virginia Beach Airport, LLC Application: Modification of a Conditional Use P rmi at 1341 Princess Anne Road (GPIN 2401762176). BAYSIDE DISTRICT Sukhwinder Bharij Application: Subdivision Variance at 5792 Northampton Boulevard (GPIN 1458995821). Sukhwinder Bharij, Application: Conditional Use Permit for a mini - warehouse storage at 5792 Northampton Boulevard (GPIN 1458995821). Al interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at htto://www.voFov.com/oc For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. BEACON: JUNE 12 & 19, 2011 22454200 W Z Z a I W Z 2 CL tlPOW s � ;mo of 1*0• PENI PEMN V rl L NU. O CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MILITARY AVIATION MUSEUMIVIRGINIA BEACH AIRPORT, LLC, Modification of a Conditional Use Permit, 1341 Princess Anne Road (GPIN 2401762176). PRINCESS ANNE DISTRICT. MEETING DATE: June 28, 2011 ■ Background: A Conditional Use Permit for the Military Aviation Museum was approved by the City Council on January 9, 2007. On December 9, 2008, a Modification to the Conditional Use Permit was approved by City Council. This request allowed an expansion to the museum for five additional structures with parking on the western portion of the site and an expansion to the existing parking lot to the east of the hanger/ exhibition area. Of the five new buildings approved for the site, currently four have been constructed. A restored "Cottbus" German hanger originally built in 1939 is yet to be constructed. The applicant is requesting approval to expand the museum by adding a new 45,000 square foot hanger/exhibition area with associated parking to the west of the existing hanger/museum. This hanger/exhibition area will house and display a B-1 7G in addition to other vintage aircraft and aviation memorabilia. In addition, the applicant requests approval for two additional 10,000 square foot structures to store parts and equipment for the museum's collection which will be located on the western portion of the site adjacent to the five other previously approved structures. These buildings shall only be used for museum related purposes. The Conditional Use Permit with the initial Modification of Conditions has nine (9) conditions: The operating hours for the museum shall be 9:00 am through 5:00 pm, seven days a week, except during the summer months when the museum will cease operating at dusk. 2. Museum employees and Training Services, Inc employees who maintain vintage aircraft displayed at the Museum shall number no more than eighteen (18) persons on duty at any given time. There shall be no limit on the number of volunteers. Military Aviation Museum Page 2 of 5 3. There shall be no outdoor amplified sound or music audible at the property line associated with the Museum or special events. 4. Health Department review and approval for a Sewage Disposal System Construction Permit or any other permit as deemed necessary by the Health Department shall be obtained prior to approval of the final site plan. 5. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002, shall be installed along the eastern boundary line of the future parking lot expansion and shall be installed along the entire length in an effort to screen any vehicles from view of the right-of- way. 6. There shall be no direct vehicular ingress/egress from this property onto Vaughan Road. 7. The existing runway shall remain in a grassed condition and shall not be paved. 8. The additional buildings shown on the submitted plan shall be only used for museum -related purposes. 9. A landscaped buffer shall be installed along the northern boundary of this property. The Director of Planning shall review the proposed plan species and size to be installed along the boundary. No plants shall be installed until approval has been obtained from the Director of Planning. In addition to a providing a revised site plan, the applicant has requested elimination of Condition 2 which limits the number of museum employees and Training Services, Inc employees who maintain the museum's aircraft. If Condition 2 is not recommended for removal, an alternative is requested to increase the number of employees permitted to 22 employees. ■ Considerations: The existing Military Aviation Museum has been a positive attraction and landmark for residents and visitors. The recommended conditions are designed to limit the impact of the museum to a level that is compatible with the surrounding community. The airport operates under an existing modified Use Permit and a subsequent court order. Much of the activity on the site is covered under these past actions. The current evaluation applies only to the proposed expansion of the museum. The expansion of an additional hanger/exhibition area and two museum -related storage buildings is in keeping with the policies of the Comprehensive Plan. The proposed exhibition area/hanger will be positioned adjacent to the existing art - deco styled exhibition area/hanger along the grass runway where occasional Military Aviation Museum Page 3 of 5 operating airplanes can be viewed. The storage/maintenance buildings shall be grouped with the historically significant salvaged structures in an attractive assemblage to the west of the exhibition area/hangers. Along the north and west property lines exists two mature stands of trees. The proposed Cottbus German building lies adjacent to those existing stands and is exposed to adjacent residences. Staff has recommended a condition that additional canopy trees be added to this area. The purpose of this landscaping is to provide a distant screen for the neighboring residential sites. In addition to providing supplemental screening, the placement of the canopy trees should provide a connection between the two existing stands of trees. By connecting the existing stands, a habitat corridor would be created and eliminate woodland fragmentation between the two mature stands of trees. Conditions require streetscape landscaping along the eastern side and a landscape buffer along the northern boundary. This landscaping and buffering are not shown on the revised plan. To ensure proper screening and buffering, a landscape plan should be provided at site plan review. In addition, outdoor lighting should be designed to provide safe, attractive and appropriate illumination for the proposed land use. It is important to avoid over - illumination in certain places including residential and rural areas. The applicant should mitigate light pollution by directing lighting downward and reducing glare onto adjacent properties or into the sky. Health Department review and approval will be required for the museum expansion and this Use Permit is conditioned as such. A Sewage Disposal System Construction Permit will likely be required by the Health Department prior to commencement of construction. A condition that all Health Department approvals shall be obtained prior to approval of the final site plan remains. Lastly the request to eliminate Condition 2 limiting the number of employees is not recommended. Staff does support the alternative request to increase the number of employees to 22 and has revised the condition to reflect this. Staff recommends approval of this requested modification, as conditioned below. There was no opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 10-0, recommends approval of this request to the City Council with the following conditions: 1. The operating hours for the museum shall be 9:00 am through 5:00 pm, seven days a week, except during the summer months when the museum will Military Aviation Museum Page 4 of 5 cease operating at dusk. 2. Museum employees and Training Services, Inc employees who maintain vintage aircraft displayed at the Museum shall number no more than twenty- two (22) persons on duty at any given time. There shall be no limit on the number of volunteers. 3. There shall be no outdoor amplified sound or music audible at the property line associated with the museum or special events. 4. Health Department review and approval for a Sewage Disposal System Construction Permit or any other permit as deemed necessary by the Health Department shall be obtained prior to approval of the final site plan. 5. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002, shall be installed along the eastern boundary line of the future parking lot expansion and shall be installed along the entire length in an effort to screen any vehicles from view of the right-of- way. 6. There shall be no direct vehicular ingress/egress from this property onto Vaughan Road. 7. The existing runway shall remain in a grassed condition and shall not be paved. 8. The site shall be developed and designed substantially in accordance with the submitted "ULTIMATE SITE BUILD -OUT" by Martin Engineering and dated 03/03/11. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. All buildings other than the initial hanger / exhibition area shown on the submitted plan shall be only used for museum - related purposes. 9. A landscaped buffer shall be installed along the northern boundary of this property. The Director of Planning or his designee shall review the proposed plant species and size to be installed along the boundary. No plants shall be installed until approval has been obtained from the Director of Planning or his designee. 10. Canopy trees shall be planted starting at the north of the proposed cul-de-sac and continuing west to the west property line adjacent to the proposed Cottbus German building. Mixes of canopy trees are to be utilized consisting of large canopy trees, ranging in height from sixty feet and greater at maturity and medium canopy trees, ranging in height from thirty -feet to sixty five feet at maturity. Planting is encouraged to be innovative in terms of spacing and arrangement to allow the widest possible variation for visual enhancement. Military Aviation Museum Page 5of5 11.A landscape plan shall be submitted at the time of site plan review depicting the existing and proposed landscaped buffers, streetscape landscaping, foundation planting and parking lot landscaping. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. 4::�'T Submitting Department/Agency: Planning Department City Manager: S . PRINCESS ANNE Al:q, K-16 wnn coodaw.an,on.,.. WK• oo,a,o. w atw.z u..qa MilitarN, Aviation Museum A\32_, AG1' AGa�� JARVIS RD. { AG2 AG1 acs! GUM Rlrj R' u AG21 Q AGI 4 ' 2 hWtfication of Conditions 6 May 11, 2011 Public Hearing APPLICANT / PROPERTY OWNER: MILITARY AVIATION MUSEUM STAFF PLANNER: Karen Prochilo REQUEST: Modification of a Conditional Use Permit for a museum — approved by the City Council on January 9, 2007 ADDRESS / DESCRIPTION: 1341 Princess Anne Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24017621760000 PRINCESS ANNE Approximately 22 acres Less than 65 dB DNL SUMMARY OF REQUEST A Conditional Use Permit for the Military Aviation Museum was approved by the City Council on January 9, 2007. The museum is inside an existing approximately 45,000 square foot airplane hanger and displays artifacts and memorabilia related to World War II and vintage aircraft. The museum also includes a gift shop, a snack bar, a volunteer lounge, restrooms, a lecture hall, and a library. The museum is a 501 (c) (3), nonprofit organization. On December 9, 2008, a Modification to the Conditional Use Permit was approved by City Council. This request allowed an expansion to the museum for five additional structures, with parking on the western portion of the site, at least 800 feet beyond the initial hanger/exhibition area structure and an expansion to the existing parking lot to the east of the hanger/ exhibition area. Of the five new buildings approved for the site, currently four have been constructed: a restored British control tower; a replica World War I hanger; a 15,000 square foot maintenance building (Fighter Factory); and, a 10,000 square foot storage building for equipment, parts, and supplies. A restored "Cottbus" German hanger originally built in 1939 is yet to be constructed. Military Aviation Museum Agenda Item 6 Page 1 The applicant is requesting approval to expand the museum by adding a new 45,000 square foot hanger/exhibition area with associated parking to the west of the existing hanger/museum. This hanger/exhibition area will house and display a B-1 7G in addition to other vintage aircraft and aviation memorabilia. In addition, the applicant requests approval for two additional 10,000 square foot structures to store parts and equipment for the museum's collection which will be located on the western portion of the site adjacent to the five other previously approved structures. These buildings shall only be used for museum related purposes. These buildings will be located approximately %2 mile off Princess Anne Road and out of view of the right- of-way. There is an existing stormwater management pond on the site that will collect and treat stormwater runoff from these proposed buildings and parking areas. The Conditional Use Permit with the initial Modification of Conditions has nine (9) conditions: 1. The operating hours for the museum shall be 9:00 am through 5:00 pm, seven days a week, except during the summer months when the museum will cease operating at dusk. 2. Museum employees and Training Services, Inc employees who maintain vintage aircraft displayed at the Museum shall number no more than eighteen (18) persons on duty at any given time. There shall be no limit on the number of volunteers. 3. There shall be no outdoor amplified sound or music audible at the property line associated with the Museum or special events. 4. Health Department review and approval for a Sewage Disposal System Construction Permit or any other permit as deemed necessary by the Health Department shall be obtained prior to approval of the final site plan. 5. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002, shall be installed along the eastern boundary line of the future parking lot expansion and shall be installed along the entire length in an effort to screen any vehicles from view of the right-of-way. 6. There shall be no direct vehicular ingress/egress from this property onto Vaughan Road. 7. The existing runway shall remain in a grassed condition and shall not be paved. 8. The additional buildings shown on the submitted plan shall be only used for museum -related purposes. 9. A landscaped buffer shall be installed along the northern boundary of this property. The Director of Planning shall review the proposed plan species and size to be installed along the boundary. No plants shall be installed until approval has been obtained from the Director of Planning. In addition to a providing a revised site plan, the applicant has requested elimination of Condition 2 which limits the number of museum employees and Training Services, Inc employees who maintain the museum's aircraft. If Condition 2 is not recommended for removal, an alternative is requested to increase the number of employees permitted to 22 employees. Military Aviation Museum Agenda Item 6 Page 2 LAND USE AND PLAN INFORMATION EXISTING LAND USE: The majority of the site is grass field with a grass runway with a 41,000 square foot airplane hanger and museum with a paved parking lot, out buildings and water tower. SURROUNDING LAND North: . Field, single-family dwellings / AG -1 Agricultural District USE AND ZONING: South: . Wooded area, single-family dwellings / AG -1 Agricultural District East: . Princess Anne Road • single-family dwelling / AG -2 Agricultural District West: • Vaughn Road • field, single-family dwellings / AG -1 Agricultural District t NATURAL RESOURCE AND The site is located in the Southern Watersheds Management Area. The CULTURAL FEATURES: site is primarily a grass field with a grass runway. There is an existing airport hanger, support buildings with paved parking lot and water tower. There do not appear to be any significant environmental or local cultural features on the site. However, the museum is indicative of the role this area of the city during World War II. Several airfields in rural Princess Anne County served as satellite fields to Norfolk Naval Air Station. These airfields served as support to operations, training and maintenance of WWII aircraft. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Rural Area. The Rural Area is located in the southern half of the City south of Indian River and Sandbridge Roads. It is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms and other similar uses. It is an important objective to protect and sustain all of our valuable environmental, scenic and agricultural resources against inappropriate activities and intense growth pressures (p. 5-1 to 5-4). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): This site is located off of Princess Anne Road south of West Neck Road. In the vicinity of this application, Princess Anne Road is a two-lane rural highway with an eighty -ft (80') right-of-way width. The City's Master Transportation Plan indicates an ultimate right-of-way width of one hundred feet (100'). There are currently no CIP projects planned for this portion of Princess Anne Road. Military Aviation Museum Agenda Item 6 Page 3 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne 20,500 ADT 14,800 ADT (Level of Existing Land Use `— Road Service "C") 616 ADT 22,800 ADT' (Level of Proposed Land Use 3— No Service "D") / Capacity significant change 27,400 ADT' (Level of anticipated. Service "E" Average Daily Trips as defined by 4-employee general aviation airport and 18-employee national monument 3 s as defined by 4-employee general aviation airport and 18-employee national monument V WU to WURKBi i RArrn, ENGWEEERIING: 1 rip generation calculations for the existing use are an estimate based on the number of employees indicated in the application and from previous records; however, a more precise approximation for the existing site's trip generation could be a function of attendance records at the museum along with the number of daily flights in/out of the airport. The proposed use is expected to add a minimal number of trips to the site, and the surrounding street network appears to be capable of handling these additional trips without a significant impact to traffic safety or traffic flow. Additional detailed comments from Traffic Engineering may be necessary. STORMWATER: The issue of stormwater management is to be addressed for the proposed additional buildings. New facilities must be tied in to the existing storm drainage system on site. WATER and SEWER: There is no City water or City sewer service provided to this site. Heath Department approval is required for private wells and septic systems. PARKS and RECREATION: Parks and Recreation does not have any objection to the expansion of the museum. However, if the expansion necessitates additional road widening on Princess Anne Road, the widening should include a wide shoulder for bike travel. EVALUATION AND RECOMMENDATION The existing Military Aviation Museum has been a positive attraction and landmark for residents and visitors. The recommended conditions are designed to limit the impact of the museum to a level that is compatible with the surrounding community. The airport operates under an existing modified Use Permit and a subsequent court order. Much of the activity on the site is covered under these past actions. The current evaluation applies only to the proposed expansion of the museum. The expansion of an additional hanger/exhibition area and two museum -related storage buildings is in keeping with the policies of the Comprehensive Plan. The proposed exhibition area/hanger will be positioned adjacent to the existing art -deco styled exhibition area/hanger along the grass runway where Military Aviation Museum Agenda Item 6 Page 4 occasional operating airplanes can be viewed. The storage/maintenance buildings shall be grouped with the historically significant salvaged structures in an attractive assemblage to the west of the exhibition area/hangers. All buildings will be located far off Princess Anne Road (approximately % mile) and out of view of the right-of-way. Design, materials, and colors of proposed buildings should be complementary with existing buildings on the site. Along the north and west property lines exists two mature stands of trees. The proposed Cottbus German building lies adjacent to those existing stands and is exposed to adjacent residences. Staff has recommended a condition that additional canopy trees be added to this area. The purpose of this landscaping is to provide a distant screen for the neighboring residential sites. In addition to providing supplemental screening, the placement of the canopy trees should provide a connection between the two existing stands of trees. By connecting the existing stands, a habitat corridor would be created and eliminate woodland fragmentation between the two mature stands of trees. Conditions require streetscape landscaping along the eastern side and a landscape buffer along the northern boundary. This landscaping and buffering are not shown on the revised plan. To ensure proper screening and buffering, a landscape plan should be provided at site plan review. In addition, outdoor lighting should be designed to provide safe, attractive and appropriate illumination for the proposed land use. It is important to avoid over -illumination in certain places including residential and rural areas. The applicant should mitigate light pollution by directing lighting downward and reducing glare onto adjacent properties or into the sky. Health Department review and approval will be required for the museum expansion and this Use Permit is conditioned as such. A Sewage Disposal System Construction Permit will likely be required by the Health Department prior to commencement of construction. A condition that all Health Department approvals shall be obtained prior to approval of the final site plan remains. Lastly the request to eliminate Condition 2 limiting the number of employees is not recommended. Staff does support the alternative request to increase the number of employees to 22 and has revised the condition to reflect this. Staff recommends approval of this requested modification, as conditioned below. CONDITIONS 1. The operating hours for the museum shall be 9:00 am through 5:00 pm, seven days a week, except during the summer months when the museum will cease operating at dusk. 2. Museum employees and Training Services, Inc employees who maintain vintage aircraft displayed at the Museum shall number no more than twenty-two (22) persons on duty at any given time. There shall be no limit on the number of volunteers. 3. There shall be no outdoor amplified sound or music audible at the property line associated with the museum or special events. Military Aviation Museum Agenda Item 6 Page 5 4. Health Department review and approval for a Sewage Disposal System Construction Permit or any other permit as deemed necessary by the Health Department shall be obtained prior to approval of the final site plan. 5. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002, shall be installed along the eastern boundary line of the future parking lot expansion and shall be installed along the entire length in an effort to screen any vehicles from view of the right-of-way. 6. There shall be no direct vehicular ingress/egress from this property onto Vaughan Road. 7. The existing runway shall remain in a grassed condition and shall not be paved. 8. The site shall be developed and designed substantially in accordance with the submitted "ULTIMATE SITE BUILD -OUT' by Martin Engineering and dated 03/03/11. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. Toe All buildings other than the initial hanger / exhibition area shown on the submitted plan shall be only used for museum -related purposes. 9. A landscaped buffer shall be installed along the northern boundary of this property. The Director of Planning or his designee shall review the proposed plant species and size to be installed along the boundary. No plants shall be installed until approval has been obtained from the Director of Planning or his designee. 10. Canopy trees shall be planted starting at the north of the proposed cul-de-sac and continuing west to the west property line adjacent to the proposed Cottbus German building. Mixes of canopy trees are to be utilized consisting of large canopy trees, ranging in height from sixty feet and greater at maturity and medium canopy trees, ranging in height from thirty -feet to sixty five feet at maturity. Planting is encouraged to be innovative in terms of spacing and arrangement to allow the widest possible variation for visual enhancement. 11. A landscape plan shall be submitted at the time of site plan review depicting the existing and proposed landscaped buffers, streetscape landscaping, foundation planting and parking lot landscaping. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Military Aviation Museum Agenda Item 6 Page 6 AERIAL OF SITE LOCATION Military Aviation Museum Agenda Item 6 Page 7 _-W�---- PROPOSED OVERALL SITE LAYOUT I Military Aviation Museum �! Agenda Item 6 Page 8 ! I ! ! �b I i i r 1 i ! I 1 1 ! I I I ' �i i ! fill _-W�---- PROPOSED OVERALL SITE LAYOUT I Military Aviation Museum �! Agenda Item 6 Page 8 PHOTOGRAPH OF EXISTING HANGER/EXHIBITION AREA WHICH WILL BE SIMLIAR TO THE PROPOSED HANGER/EXHIBITION AREA Military Aviation Museum Agenda Item 6 Page 9 I PHOTOGRAPH TAKEN FROM THE END OF HANGER/EXHIBTION AREA LOOKING TOWARDS VICINITY OF WHERE THE PROPOSED STORAGE BUILDINGS WILL BE BUILT Military Aviation Museum Agenda Item 6 Page 10 PRINCESS ANNE AI-ap K-16 MilitarJ7 Aviation Museun nea +vut to ca+e AG1 - y3 2 A Gj/ AG1 r JARVIS RD.j 1AG2AG1, /; ty AG2 1 GUM R16 A G 2 AG2 �~ — /!.%%� ;' % !i ; �'��., AG1 1 / AG1 r' a A G , , 1 1 E �I VAUGH a i `7 A�1 G `' 1 2 O C A 1� �,1 `Zoning with Conditions,Protters. Open Space Promotion or PDH -2 Overlays Modification of Conditions # DATE REQUEST ACTION 1 12/09/2008 Modification of Use Permit Granted 01/09/2007 Use Permit Museum Granted 2 05/14/2002 Use Permit outdoor recreational facility) Granted 3 05/08/01 Subdivision Variance Granted ZONING HISTORY Military Aviation Museum Agenda Item 6 Page 11 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below. (Attach list if necessary) Military Aviation Museum: Gerald Yagen, President/Secretary of this 501(c)(3) corporation 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach fist if necessary) See Attached ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Virginia Beach Airport, L.L.C.: Gerald Yagen, Member; Ruth Elaine Yagen, Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Modficatlon of CondNons Appheadon Page 10 of 11 Revised 911=04 DISCLOSURE STATEMENT Military Aviation Museum Agenda Item 6 Page 12 DISCLOSURE STATEMENT 11 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. KCI Technologies Kaufman & Canoles, P.C. Linda Parrett Associates, Interior Designs Martin Engineering ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is titre and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign o subject property at least 30 days prior to the scheduled public hearing a structigns in this package. Mill Om BY' Gerald Yagen, President Ap Print Name vi rt, L.L.C. PY, Gerald Yagen, Member Y r ignature (if different than applicant) Print Name Modification of Gonddions Application Paye 11 of 11 Revised 9/112004 Military Aviation Museum Agenda Item 6 Page 13 Item #6 Military Aviation Museum Modification of a Conditional Use Permit 1341 Princess Anne Road District 7 Princess Anne May 11, 2011 APPROVED An application of Military Aviation Museum for a Modification of a Conditional Use Permit for a museum approved by City Council on January 9, 2007, and modified on December 9, 2008 on property located at 1341 Princess Anne Road. GPIN: 2401-76-2176-0000, District 7, Princess Anne. CONDITIONS 1. The operating hours for the museum shall be 9:00 am through 5:00 pm, seven days a week, except during the summer months when the museum will cease operating at dusk. 2. There shall be no outdoor amplified sound or music audible at the property line associated with the museum or special events. 3. Health Department review and approval for a Sewage Disposal System Construction Permit or any other permit as deemed necessary by the Health Department shall be obtained prior to approval of the final site plan. 4. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002, shall be installed along the eastern boundary line of the future parking lot expansion and shall be installed along the entire length in an effort to screen any vehicles from view of the right-of-way. 5. There shall be no direct vehicular ingress/egress from this property onto Vaughan Road. 6. The existing runway shall remain in a grassed condition and shall not be paved. 7. The site shall be developed and designed substantially in accordance with the submitted "ULTIMATE SITE BUILD -OUT" by Martin Engineering and dated 03/03/11. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. Thee All buildings other than the initial hanger / exhibition area shown on the submitted plan shall be only used for museum -related purposes. 8. A landscaped buffer shall be installed along the northern boundary of this property. A solid row of evergreens shall be planted along the southwestern corner of the property. The Director of Planning or his designee shall review the proposed plant species and size to be installed along the boundary. No plants shall be installed until approval has been obtained from the Director of Planning or his designee. 9. Canopy trees shall be planted starting at the north of the proposed cul-de-sac and continuing west to the west property line adjacent to the proposed Cottbus German building. Mixes of canopy trees are to be utilized consisting of large canopy trees, ranging in height from sixty feet and greater at maturity and medium canopy trees, ranging in height from thirty -feet to sixty five feet at maturity. Planting is encouraged to be innovative in terms of spacing and arrangement to allow the widest possible variation for visual enhancement. 10. A landscape plan shall be submitted at the time of site plan review depicting the existing and proposed landscaped buffers, streetscape landscaping, foundation planting and parking lot landscaping. Item #6 Military Aviation Museum Page 2 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ABSENT 1 By a vote of 10-0, the Board approved the application of item 6, Military Aviation Museum with the conditions modified. Eddie Bourdon appeared before the Board on behalf of the applicant. The applicant Gerald Yagen was also present. AYE 10 NAY 0 ABS 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE ABSENT 1 By a vote of 10-0, the Board approved the application of item 6, Military Aviation Museum with the conditions modified. Eddie Bourdon appeared before the Board on behalf of the applicant. The applicant Gerald Yagen was also present. pm I PM 1140 • rm mc -,4 F� PM PM Kj LO V- 1*1 'k a Nu �� • � 7 �iy�ww CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SUKHWINDER BHARIJ, Subdivision Variance, 5792 Northampton Boulevard (GPIN 1458995821). BAYSIDE DISTRICT. MEETING DATE: June 28, 2011 ■ Background: The subdivision variance is required because proposed Parcel 1-1 and Parcel 1-2 do not meet the required 100 -foot minimum lot width established by the Zoning Ordinance for the B-2 Community Business District. Existing Lot: The existing lot is 28.3 acres and has a lot width of 141.5 feet. The lot currently houses a bulk storage yard and truck stop facility including an office, truck wash, maintenance garage, restaurant, and gas pumps. The gas pumps, restaurant and offices are centered near the front of the site, the bulk storage yard is located along the rear of site, and truck parking, truck washing facility, as well as a maintenance garage are located between the bulk storage yard and the restaurant. Proposed Lots: It is the intent of the applicant to subdivide the existing lot into two lots in order to allow a proposed mini -warehouse facility to be housed on its own parcel. The existing truck stop and bulk storage yard would be housed on one lot (Parcel 1-2) and the proposed mini -warehouse facility will be housed on the other lot (Parcel 1-1). There are no proposed alterations to the existing truck stop and bulk storage yard except approximately 22 existing parking spaces for trucks will be eliminated. ■ Considerations: This v -shaped site is one of the largest within the Northampton Boulevard Corridor. However, due to its unique v -shape, the lot frontage is extremely narrow when compared to the size of the lot. While development of a road would allow the applicant to subdivide the property in accordance to City ordinances, additional roads in the vicinity of this site are not envisioned for construction until Phase Two of the Northampton Boulevard Corridor Strategic Growth Area Implementation Plan (`Plan'). The City is currently designing plans for some new roads identified to be constructed in Phase One of the Plan. It is anticipated that the portion of the new road known as `Golf Course Road' situated adjacent to the applicant's site will be constructed in about two to five years. This new road and the proposed road off of Baker Road would allow the applicant to subdivide Parcel 1-2 without the requirement of a variance. It is, however, unrealistic to ask the applicant to construct the roads now as the new roads would have to extend across property that the applicant does not own in order to be usable. Sukhiwinder "Shinda" Bharij/ S & J Truck Terminal, Inc. Page 2 of 2 Overall, staff finds that the applicant's large and uniquely shaped lot causes a hardship and granting the proposed variance will allow the applicant to re -invest and redevelop his parcel without negatively affecting the surrounding community. The general vision for the area, as identified within the Plan, can be carried out once the site is subdivided as conditioned. In order to establish the gateway along Northampton Boulevard as is envisioned within the Plan, Staff recommends approval contingent on parking be prohibited between any building on the proposed Parcel 1-1 and Northampton Boulevard, which was advocated in the Plan. In addition the existing pole sign will be removed and can only be replaced with a monument style sign, no taller than eight -feet in height. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: The site shall be subdivided in substantial conformance with the submitted plan entitled, "Preliminary Subdivision of Parcel `I', Resubdivision of Property of First Virginia Land Trust and S & J Truck Terminal Incorporated", prepared by John E. Sirine & Associates, LTD., dated December 21, 2010, and last revised March 30, 2011 which has been exhibited to the City Council and is on file in the Planning Department. 2. The existing free standing sign shall be removed from site within 90 days from City Council approval of this variance. Any new free standing signs shall be brick monument style, no more than eight feet in height. All newly installed free-standing signs shall be installed in accordance with the City Zoning Ordinance and the Site Plan Ordinance unless a variance is obtained through the Board of Zoning Appeals. 3. No parking shall be situated between any buildings and Northampton Boulevard on the proposed Parcel 1-1 as shown on the submitted plan entitled, "Preliminary Subdivision of Parcel `I', Resubdivision of Property of First Virginia Land Trust and S & J Truck Terminal Incorporated", prepared by John E. Sirine & Associates, LTD., dated December 21, 2010, and last revised March 30, 2011 which has been exhibited to the City Council and is on file in the Planning Department. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map RecommendedAction: Staff recommends approval. Planning Commission recommends approval. Ir -W Submitting Department/Agency: Planning Department City Manager: � -,,, AYSI DE .1.gin c 0— SubdNlslon Vwlanc s�.x.�d.­­NW-20—y' T May 11, 2011 Public Hearing APPLICANT: SUKHWINDER "SHINDA" BHARIJ PROPERTY OWNER: S & J TRUCK TERMINAL, INC. STAFF PLANNER: Leslie Bonilla REQUEST: Subdivision Variance to Section 4.4(a) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance ADDRESS / DESCRIPTION: 5792 Northampton Blvd (portion of) GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Portion of BAYSIDE 28.3 acres Less than 65 dB DNL 14589958210000 SUMMARY OF REQUEST Existing Lot: The existing lot is 28.3 acres and has a lot width of 141.5 feet. The lot currently houses a bulk storage yard and truck stop facility including an office, truck wash, maintenance garage, restaurant, and gas pumps. The gas pumps, restaurant and offices are centered near the front of the site, the bulk storage yard is located along the rear of site, and truck parking, truck washing facility, as well as a maintenance garage are located between the bulk storage yard and the restaurant. Proposed Lots: It is the intent of the applicant to subdivide the existing lot into two lots in order to allow a proposed mini -warehouse facility to be housed on its own parcel. The existing truck stop and bulk storage yard would be housed on one lot (Parcel 1-2) and the proposed mini -warehouse facility will be housed on the other lot (Parcel 1-1). There are no proposed alterations to the existing truck stop and bulk storage yard except approximately 22 existing parking spaces for trucks will be eliminated. The subdivision variance is required because proposed Parcel 1-1 and Parcel 1-2 do not meet the required 100 -foot minimum lot width established by the Zoning Ordinance for the B-2 Community Business District. SUKHWINDER "SHINDA" BHARIJ / S & J TRUCK TERMINAL, INC. Agenda Item 10 Page 1 Sukhw indcr "Shinda" Bharij Al o R5 R6D. HI ; HI .1.gin c 0— SubdNlslon Vwlanc s�.x.�d.­­NW-20—y' T May 11, 2011 Public Hearing APPLICANT: SUKHWINDER "SHINDA" BHARIJ PROPERTY OWNER: S & J TRUCK TERMINAL, INC. STAFF PLANNER: Leslie Bonilla REQUEST: Subdivision Variance to Section 4.4(a) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance ADDRESS / DESCRIPTION: 5792 Northampton Blvd (portion of) GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Portion of BAYSIDE 28.3 acres Less than 65 dB DNL 14589958210000 SUMMARY OF REQUEST Existing Lot: The existing lot is 28.3 acres and has a lot width of 141.5 feet. The lot currently houses a bulk storage yard and truck stop facility including an office, truck wash, maintenance garage, restaurant, and gas pumps. The gas pumps, restaurant and offices are centered near the front of the site, the bulk storage yard is located along the rear of site, and truck parking, truck washing facility, as well as a maintenance garage are located between the bulk storage yard and the restaurant. Proposed Lots: It is the intent of the applicant to subdivide the existing lot into two lots in order to allow a proposed mini -warehouse facility to be housed on its own parcel. The existing truck stop and bulk storage yard would be housed on one lot (Parcel 1-2) and the proposed mini -warehouse facility will be housed on the other lot (Parcel 1-1). There are no proposed alterations to the existing truck stop and bulk storage yard except approximately 22 existing parking spaces for trucks will be eliminated. The subdivision variance is required because proposed Parcel 1-1 and Parcel 1-2 do not meet the required 100 -foot minimum lot width established by the Zoning Ordinance for the B-2 Community Business District. SUKHWINDER "SHINDA" BHARIJ / S & J TRUCK TERMINAL, INC. Agenda Item 10 Page 1 Item Requared Parcell -1 Parcell -2 Lot Width in feet 100' 74.5' 67'i' Lot Area insquare feet 20,000 SF 45,999 SF 1,185,834 SF ''Variance required LAND USE AND PLAN INFORMATION EXISTING LAND USE: Bulk storage yard and truck stop including restaurant, maintenance garage, offices, truck wash, and associated parking. SURROUNDING LAND North: . Vacant Land / 1-1 Light Industrial District USE AND ZONING: South: . Northampton Boulevard • South of Northampton Boulevard is a variety of commercial uses / B-2 Community Business District East: . Retail shops / B-2 Community Business District West: . Commercial uses / B-2 Community Business District NATURAL RESOURCE AND A northern portion of the site is located within Flood Zone A, which is a CULTURAL FEATURES: special hazard area subject to inundation by the 1% annual chance flood. The remaining portion of the site is located within Flood Zone X, which is an area outside the 2% annual chance flood. There are no other known natural resources or cultural features associated with this site. STRATEGIC GROWTH AREA (SGA): This site is located in the Northampton -Diamond Springs Corridor section of the Northampton Boulevard Corridor (Burton Station) SGA. The Implementation Plan ('Plan') provides a vision for this area that groups mixed-use buildings containing commercial, office space, retail, restaurants, apartments, hotel, and surface or garage parking. The conceptual plan for this section of the SGA depicts use of the specific parcel as part of a larger mixed-use development where buildings front on Northampton Boulevard and a new roadway to the north connecting Baker Road and the proposed new'golf course' roadway. An open space corridor is also shown that splits the mixed-use quad in half, connecting Northampton Boulevard and the future roadway to the north. A conceptual plan is provided graphically detailing how the area can be developed. The Implementation Plan also provides "Commercial Design Guidelines" (page 35) that set the minimum standards for site and building design intended to create the streetscape and building masses envisioned by the overall Plan. Northampton -Diamond Springs Corridor SUKHWINDER "SHINDA" BHARIJ / S & J TRUCK TERMINAL, INC. Agenda Item 10 Page 2 i IMPACT ON CITY SERVICES WATER: The proposed subdivided parcel must connect to City water. SEWER: The proposed subdivided parcel must connect to City sanitary sewer. Sanitary sewer and pump station analysis for pump station #326 is required to determine if future flows can be accommodated. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION This v -shaped site is one of the largest within the Northampton Boulevard Corridor. However, due to its unique v -shape, the lot frontage is extremely narrow when compared to the size of the lot. Staff, therefore, finds that the unique shape of this v -shaped lot poses an undue hardship on the applicant. While development of a road would allow the applicant to subdivide the property in accordance to City ordinances, additional roads in the vicinity of this site are not envisioned for construction until Phase Two of the Northampton Boulevard Corridor Strategic Growth Area Implementation Plan ('Plan'). The City is currently designing plans for some new roads identified to be constructed in Phase One of the Plan. It is anticipated that the portion of the new road known as 'Golf Course Road' situated adjacent to the SUKHWINDER "SHINDA" BHARIJ / S & J TRUCK TERMINAL, INC. Agenda Item 10 Page 3 applicant's site will be constructed in about two to five years. This new road and the proposed road off of Baker Road would allow the applicant to subdivide Parcel 1-2 without the requirement of a variance. It is, however, unrealistic to ask the applicant to construct the roads now as the new roads would have to extend across property that the applicant does not own in order to be usable. Overall, staff finds that the applicant's large and uniquely shaped lot causes a hardship and granting the proposed variance will allow the applicant to re -invest and redevelop his parcel without negatively affecting the surrounding community. The general vision for the area, as identified within the Plan, can be carried out once the site is subdivided as conditioned below. In order to establish the gateway along Northampton Boulevard as is envisioned within the Plan, Staff recommends approval contingent on parking be prohibited between any building on the proposed Parcel 1-1 and Northampton Boulevard, which was advocated in the Plan. In addition the existing pole sign will be removed and can only be replaced with a monument style sign, no taller than eight -feet in height. CONDITIONS 1. The site shall be subdivided in substantial conformance with the submitted plan entitled, "Preliminary Subdivision of Parcel `1', Resubdivision of Property of First Virginia Land Trust and S & J Truck Terminal Incorporated", prepared by John E. Sirine & Associates, LTD., dated December 21, 2010, and last revised March 30, 2011 which has been exhibited to the City Council and is on file in the Planning Department. 2. The existing free standing sign shall be removed from site within 90 days from City Council approval of this variance. Any new free standing signs shall be brick monument style, no more than eight feet in height. All newly installed free-standing signs shall be installed in accordance with the City Zoning Ordinance and the Site Plan Ordinance unless a variance is obtained through the Board of Zoning Appeals. 3. No parking shall be situated between any buildings and Northampton Boulevard on the proposed Parcel 1-1 as shown on the submitted plan entitled, "Preliminary Subdivision of Parcel '1', Resubdivision of Property of First Virginia Land Trust and S & J Truck Terminal Incorporated", prepared by John E. Sirine & Associates, LTD., dated December 21, 2010, and last revised March 30, 2011 which has been exhibited to the City Council and is on file in the Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. SUKHWINDER "SHINDA" BHARIJ / S & J TRUCK TERMINAL, INC. Agenda Item 10 Page 4 z e m E F ��emY3 Y � Xm fy Irv` .tin M'gFgZ ¢�i' �. Mn3 2 (006 'd 'SCLC '6'0) G �I N n g\� A1M7'wOf O�Q��p ��xai TYP. u r� SMV V g��B n r.. m E F ��emY3 Y Xm � rOp0 �d:Yf �. Mn3 2 4 O c ioo� f. m 2 PROPOSED SUBDIVISION SUKHWINDER "SHINDA" BHARIJ / S & J I KUUK I EKMINAL, INC;. Agenda Item 10 Page 6 ti `r ..'r• ter, t' ,r FIVE STORY SELF STORAGE FACILITY FOR BIG CHARLIES TRUCK PLAZA, INC. VIEW 7 PROPOSED MINI -WAREHOUSE FACILITY SITE PLAN & PERSPECTIVE SUKHWINDER "SHINDA" BHARIJ / S & J TRUCK TERMINAL, INC. Agenda Item 10 Page 7 PARCEL BOUNDARY AND CONCEPTUAL PLAN OVERLAY SUKHWINDER "SHINDA" BHARIJ / S & J TRUCK TERMINAL, INC. Agenda Item 10 Page 8 # DATE REQUEST APPLICANT ACTION 1 09/10/1996 Use Permit (truck washing, Big Charlie's Truck Partially additional parking, motel, Plaza, Inc. Approved bulk storage) 09/06/1983 Use Permit (gas station, Charlie H. Kestner Approved truck pavilion, & restaurant) 04/14/1969 Rezoning City of Virginia Beach Approved 2 01/14/1997 Rezoning (B-2 to Northampton Business Approved Conditional 1-1) Center- III 3 01/26/1999 Use Permit (automotive Motiva Enterprises, Approved service station) LLC. 4 06/27/2000 Use Permit (fuel sales with 4-N-1, LLC. Approved convenience store car wash & automotive service station) ZONING HISTORY SUKHWINDER "SHINDA" BHARIJ / S & J TRUCK TERMINAL, INC. Agenda Item 10 Page 9 5 02/13/2001 Rezoning (B-2, 0-2 & 1-1 to Jay Barot Approved Conditional 1-1) 5 02/13/2001 Use Permit(Hotel)—Jay Barot Approved 6 01/25/2005 Rezoning (0-2 to Absolute Hospitality, Approved Conditional 1-1) Inc. 01/25/2005 Use Permit (hotel) Approved Absolute Hospitality, Inc. 7 05/24/2005 Rezoning (Conditional 1-1 Frontier Development, Approved to Conditional B-2 LLC 8 06/13/2006 Rezoning (R -5D to Danny Martin Approved Conditional 1-1 9 01/26/2010 Use Permit (senior Senior's Unlimited Approved housing) Lifestyles, Inc. 10 05/22/2007 Modifications of Proffers Value Place Real Approved Estate 05/22/2007 Use Permit (hotel) Approved Value Place Real 02/28/2006 Rezoning (B-2 to Estate Approved Conditional 1-1) Tank Lanes Inc. 11 12/08/1998 Use Permit (automotive Earl Scheibotva, Inc. Approved repair garage) ZONING HISTORY SUKHWINDER "SHINDA" BHARIJ / S & J TRUCK TERMINAL, INC. Agenda Item 10 Page 10 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Sukhwinder "Shinda" Bharij 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) NIA ❑✓ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) S & J Truck Terminal, Inc.: Sukhwinder "Shinda" Bharij, President 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) NIA ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes ❑ No ❑✓ If yes, what is the name of the official or employee and the nature of their interest? subdivision Variance Application Page 9 of 10 Revised 3111tUtt DISCLOSURE STATEMENT SUKHWINDER "SHINDA" BHARIJ / S & J TRUCK TERMINAL, INC. Agenda Item 10 Page 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Stephen Downs, Architecture - (757) 583-7730 ; Matt Williams, Express Bullding Systems - (334) 750-3043 ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. 7 Sukhlwinder "Shinda" Bharij Applicant's Signal a Print Name Property Owner's Signature (if different than applicant) Print Name Subdivision variance Application Page 10 of 10 Revised 7/11/2006 DISCLOSURE STATEMENT SUKHWINDER "SHINDA" BHARIJ / S & J TRUCK TERMINAL, INC. Agenda Item 10 Page 12 Item #10 Sukhwinder "Shinda" Bharij Subdivision Variance 5792 Northampton Boulevard (portion of) District 4 Bayside May 11, 2011 CONSENT An application of Sukhwinder "Shinda" Bharij for a Subdivision Variance to Section 4.4(a) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance on property located at 5792 Northampton Boulevard. GPIN: 1458-99-5821-0000, District 4, Bayside. CONDITIONS 1. The site shall be subdivided in substantial conformance with the submitted plan entitled, "Preliminary Subdivision of Parcel T, Resubdivision of Property of First Virginia Land Trust and S & J Truck Terminal Incorporated", prepared by John E. Sirine & Associates, LTD., dated December 21, 2010, and last revised March 30, 2011 which has been exhibited to the City Council and is on file in the Planning Department. 2. The existing free standing sign shall be removed from site within 90 days from City Council approval of this variance. Any new free standing signs shall be brick monument style, no more than eight feet in height. All newly installed free-standing signs shall be installed in accordance with the City Zoning Ordinance and the Site Plan Ordinance unless a variance is obtained through the Board of Zoning Appeals. 3. No parking shall be situated between any buildings and Northampton Boulevard on the proposed Parcel I- 1 as shown on the submitted plan entitled, "Preliminary Subdivision of Parcel T, Resubdivision of Property of First Virginia Land Trust and S & J Truck Terminal Incorporated", prepared by John E. Sirine & Associates, LTD., dated December 21, 2010, and last revised March 30, 2011 which has been exhibited to the City Council and is on file in the Planning Department. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 9 NAY 0 ABS 1 ABSENT 1 BERNAS ABSENT FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON ABS Item #10 Sukhwinder "Shinda" Bharij Page 2 By a vote of 9-0, with the abstention so noted, the Board approved item 10 for consent. Robert Beamon appeared on behalf of the applicant. Sukhwinder Bharij was also present. so ►tri Nu S) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SUKHWINDER BHARIJ, Conditional Use Permit, mini -warehouse storage, 5792 Northampton Boulevard (GPIN 1458995821). BAYSIDE DISTRICT. MEETING DATE: June 28, 2011 ■ Background: The applicant requests a Conditional Use Permit to allow a five -story mini - warehousing, office, and retail facility (55 feet in height) to be built on the property. The proposed building will contain rentable storage units varying in size on the first through fifth floors. The first floor will also consist of a 1,600 square foot mini -storage office, an additional 2,430 square foot office to be used by the property owner, and 3,600 square feet of retail or office space. Hours of operation of the mini -warehouse sales office are from 8:00 a.m. until 6:00 p.m. Keyed access to the mini -warehouse is available from 7:00 a.m. until 6:00 p.m. and there will be a maximum of two employees working at the warehouse sales office. The site plan proposes a 102,092 square foot office, retail, and mini -warehousing facility. 38 parking spaces are situated along the north and west sides of the building. As part of this request, the mini -warehouse, office, and retail facility with associated parking will be subdivided out from the rest of the parcel and joint access between the two subdivided lots will be provided off of Northampton Boulevard. The existing overhead power lines that currently run through the site will also be buried to allow the construction of the building and the existing free- standing sign will be removed. In addition, the applicant is proposing a Burton Station community plaque and tree east of the proposed flag pole to commemorate the Burton Station community heritage. The proposed site layout necessitates a waiver of the required six-foot tall fence that is to completely enclose the mini -warehouse facility, except for the openings for ingress and egress, and where prohibited by Section 201(e)(1) of the Zoning Ordinance. Due to the design and shape of this site, the placement of the required fence would not enhance security or aesthetics; the applicant thus requests a waiver of this requirement. ■ Considerations: This site is one of the largest parcels within the Northampton Boulevard Corridor and is among the first group of development projects in this Strategic Growth Area to be proposed since the adoption of the Plan. Sukwinder "Shinda" Bharij/ S & J Truck Terminal, Inc. Page 2of3 The proposed building is a multi -story structure that has design elements similar to recommendations of the Northampton Boulevard Corridor Plan. The uses contained in the proposed building (self -storage units, retail, and office) allow conversion of the building interior and flexible -use of the building as envisioned in the Plan. While, the orientation of the building is not perpendicular to the roadway as depicted on the Northampton Boulevard Corridor Concept Plan, the change in orientation of the building does not significantly detract from the overall quality of the plan. The open space, outdoor dining area, and the aesthetically pleasing building facade are remarkable improvements to the site and consistent with the recommendations of the Comprehensive Plan. Staff recommends approval of this request with the conditions below. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: The site shall be developed in substantial conformance with the submitted site plan entitled, "Conditional Use Site Plan for 5 -Story Mini -warehouse Storage for Big Charlie's Truck Plaza, Inc.", prepared by John E. Sirine & Associates, LTD., dated October 20, 2010 and last revised March 30, 2011, which has been exhibited to the City Council and is on file in the Planning Department. 2. When the property is developed extensive landscaping and landscape screening shall be provided as depicted and described on the submitted landscape plan entitled, "Conditional Use Landscape Plan for 5 -Story Mini - Warehouse Storage for Big Charlie's Truck Plaza, Inc.", prepared by John E. Sirine & Associates, LTD., dated October 20, 2010 and last revised March 30, 2011, which has been exhibited to the City Council and is on file in the Planning Department. 3. One parking space from each parking row adjacent to the loading dock area (as depicted in the above-mentioned landscape plan) shall be removed and the width of the landscape island adjacent to the loading dock area shall be increased to allow adequate soil volume to support the healthy growth of a large canopy tree. The width of the afore -mentioned landscaped islands shall be reviewed and approved by the Planning Department / Development Service Center during detailed site plan review. 4. The architectural design elements and exterior building materials shall be substantially in conformance with the submitted elevations labeled, "Five Story Self Storage Facility for Big Charlies Truck Plaza, Inc.; Views -1-7" and Sukwinder "Shinda" Bharij/ S & J Truck Terminal, Inc. Page 3 of 3 additional submitted elevations identifying building materials. Said elevations have been exhibited to City Council and are on file in the Planning Department. 5. No window signs or signs placed in windows shall be permitted at this site, except one window sign as shown within the building elevation entitled "Five Story Self Storage Facility for Big Charlies Truck Plaza, Inc.; View 4" may be permitted. All other signs shall come into compliance with the City of Virginia Beach Zoning Ordinance or a variance must be obtained approved through the Board of Zoning Appeals. 6. The existing free standing sign shall be removed from site within 90 days of City Council approval of this Use Permit. Any new free standing sign shall be a brick monument style sign, no more than eight feet in height. The free- standing sign shall be installed in accordance with the City Zoning Ordinance and the Site Plan Ordinance. 7. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet and shall be in substantial conformance to the submitted light fixture details and photographs. 8. There shall be no electric powered or diesel powered generators or generators fueled by any other source of energy located outside of the building. 9. The storage unit shall be used only for storage of non -hazardous goods. 10. The storage units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Scommends approval. Planning Commission recommends approval. -NV Submitting Department/Agency: Planning Department City Manager: SAYSI DE Ma R,i a Sukhisindcr "Shinda" Bhari M �1 11 02 oit R'SD , a �N 1 I1 f ;. 5D r 1i1 1� 7' R'5D CUP for Mini. warehouse REQUEST: Conditional Use Permit for mini -warehouse ADDRESS / DESCRIPTION: 5792 Northampton Blvd (portion of) May 11, 2011 Public Hearing APPLICANT: SUKHWINDER "SHINDA" BHARIJ PROPERTY OWNER: S & J TRUCK TERMINAL, INC. STAFF PLANNER: Leslie Bonilla GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Portion of BAYSIDE 28.3 acres Less than 65 dB DNL 14589958210000 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a five -story mini -warehousing, office, and retail facility to be built on the property. The proposed building will contain rentable storage units varying in size on the first through fifth floors. The first floor will also consist of a 1,600 square foot mini -storage office, an additional 2,430 square foot office to be used by the property owner, and 3,600 square feet of retail or office space. Hours of operation of the mini -warehouse sales office are from 8:00 a.m. until 6:00 p.m. Keyed access to the mini -warehouse is available from 7:00 a.m. until 6:00 p.m. and there will be a maximum of two employees working at the warehouse sales office. The site plan proposes a 102,092 square foot office, retail, and mini -warehousing facility. A landscaped green with flag pole separates the front of the building from Northampton Boulevard. An outdoor seating area semi -enclosed with permanent planters at the front of the building is buffered from Northampton Boulevard by the landscaped green.38 parking spaces are situated along the north and west sides of the building. As part of this request, the mini -warehouse, office, and retail facility with associated parking will be subdivided out from the rest of the parcel and joint access between the two subdivided lots will be provided off of Northampton Boulevard. The existing overhead power lines that currently run through the site will also be buried to allow the construction of the building and the existing free-standing sign will be removed. SUKHWINDER "SHINDA" BHARIJ / S & J TRUCK TERMINAL, INC. Agenda Item 11 Page 1 The proposed site layout necessitates a waiver of the required six-foot tall fence that is to completely enclose the mini -warehouse facility, except for the openings for ingress and egress, and where prohibited by Section 201(e)(1) of the Zoning Ordinance. Due to the design and shape of this site, the placement of the required fence would not enhance security or aesthetics; the applicant thus requests a waiver of this requirement. The building facade will consist of red smooth iron spot face bricks, bronze stone accent bricks, a forest green standing seam metal roof, green and white striped fabric canopies, white prefabricated cornice, and earth -toned Exterior Insulation Finishing Systems (EIFS). Access to the mini -warehouse office and facility is obtained from the east side of building. Access to all other office or retail uses can be obtained from either the east or south sides of building. The maximum building height is 55 feet and building signage is shown on the south and east sides of building. In addition, the applicant is proposing a Burton Station community plaque and tree to commemorate the Burton Station community heritage. The plaque and tree are situated just east of the proposed flag pole. LAND USE AND PLAN INFORMATION EXISTING LAND USE: The entire site houses a bulk storage yard and truck stop including restaurant, maintenance garage, offices, truck wash, and associated parking. The specific portion of the site proposed for mini -warehousing is currently vacant or used as a truck parking area. SURROUNDING LAND North: . Vacant Land / 1-1 Light Industrial District USE AND ZONING: South: . Northampton Boulevard • South of Northampton Boulevard is a variety of commercial uses / B-2 Community Business District East: . Retail shops / B-2 Community Business District West: . Big Charlie's Truck Stop / 1-1 Light Industrial District • Commercial uses are on the other side of Big Charlie's Truck Stop / B-2 Community Business District NATURAL RESOURCE AND A northern portion of the site is located within Flood Zone A, which is a CULTURAL FEATURES: special hazard area subject to inundation by the 1 % annual chance flood. The remaining portion of the site proposed for development is located within Flood Zone X, which is an area outside the 2% annual chance flood. There are no other known natural resources or cultural features associated with this site. SUKHWINDER "SHINDA" BHARIJ / S & J TRUCK TERMINAL, INC. Agenda Item 11 Page 2 STRATEGIC GROWTH AREA (SGA): This site is located in the Northampton -Diamond Springs Corridor section of the Northampton Boulevard Corridor (Burton Station) SGA. The Implementation Plan ('Plan') provides a vision for this area that groups mixed-use buildings containing commercial office space, retail and restaurants, as well as apartments, a hotel, and surface and garage parking. The conceptual plan for this section of the SGA (page 26 of the Implementation Plan and as shown within this document) depicts use of the specific parcel as part of a larger mixed-use development where buildings front on Northampton Boulevard and a new roadway (Phase 2) to the north connecting Baker Road and the proposed new'golf course' roadway. An open space corridor is also shown that splits the mixed-use quad in half, connecting Northampton Boulevard and the future Phase 2 roadway to the north (the open space connection is further shown as part of the overall open space framework page 17 of the Plan). The Implementation Plan also provides "Commercial Design Guidelines" (page 35) that set the minimum standards for site and building design intended to create the streetscape and building masses envisioned by the overall Plan. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Northampton Boulevard in front of this site is considered an eight -lane divided major urban arterial. The Master Transportation Plan proposes an eight -lane facility within a 190 -foot right-of-way. Currently, this segment of roadway is functioning over capacity at a Level of Service E. No roadway Capital Improvement Program Projects are slated for this segment of roadway. However, this site is located within the Northampton boulevard Corridor Strategic Growth Area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Northampton 63,460 ADT 56,240 ADT (Level of Existing Land Use 2-2,023 Boulevard Service "D") ADT Proposed Land Use 3 - 2,390 ADT Average Daily Trips 2 as defined by a truck stop with 12 fueling positions 3 as defined by a truck stop, mini -storage, office and retail STORMWATER MANAGEMENT: The proposed subdivision drains to a 12 -acre lake that is approximately 400 feet north of the proposed north lot line of Parcel 1-1." Overflow from the 12 -acre lake floods a nearby trailer park and a portion of Baker Road during severe storm events. CIP 7-036 proposes outfall improvements that will relieve 10 -year storm discharges from this lake. Until such time as the outfall improvements are completed under CIP 7-036 or another City project, the applicant must comply with current Stormwater Management Ordinances which will be reviewed and approved during detailed site plan review. During detailed site plan review, attention should also be given to the fact that people store all kinds of things SUKHWINDER "SHINDA" BHARIJ / S & J TRUCK TERMINAL, INC. Agenda Item 11 Page 3 in mini -warehouse facilities, such as paint, oil, flammable fluids, etc. The concrete slab under this mini -storage warehouse may be designed so that drainage is contained on-site. Drainage may be to catch basins leading to an oil -water separator before entering the City's sanitary sewer system, oppose to the City's storm drainage system. DEVELOPMENT SERVICE CENTER / LANDSCAPE REVIEW: Remove one parking space from each isle adjacent to the loading dock area and increase the width of the adjacent landscape island. Increasing the width of these landscape islands will provide adequate soil volume to support the health growth of a large canopy tree. WATER: The proposed subdivided parcel must connect to City water. SEWER: The proposed subdivided parcel must connect to City sanitary sewer. Sanitary sewer and pump station analysis for pump station #326 is required to determine if future flows can be accommodated. EVALUATION AND RECOMMENDATION This site is one of the largest parcels within the Northampton Boulevard Corridor and is among the first group of development projects in this Strategic Growth Area to be proposed since the adoption of the Plan. The proposed building is a multi -story structure that has design elements similar to recommendations of the Northampton Boulevard Corridor Plan. The Northampton Boulevard Corridor Plan recommends new multi -story commercial and flexible use buildings facing Northampton Boulevard. The uses contained in the proposed building (self -storage units, retail, and office) allow conversion of the building interior and flexible -use of the building as envisioned in the Plan. While, the orientation of the building is not perpendicular to the roadway as depicted on the Northampton Boulevard Corridor Concept Plan, the change in orientation of the building does not significantly detract from the overall quality of the plan. The open space, outdoor dining area, and the aesthetically pleasing building facade are remarkable improvements to the site and consistent with the recommendations of the Comprehensive Plan. Staff further notes that the site is not proposed exactly as is shown within some of the Northampton Boulevard Corridor approved concept plans, staff however finds that the concept plans as provided within the Plan are visual tools to help guide decisions and should not be used as code requiring a specific use or site layout. Staff goes on to note that while Northampton Boulevard is currently functioning over capacity, the proposed use is a relatively low traffic generator. There are numerous other uses allowed on this site, by right, which would generate a higher traffic impact. Staff, therefore concludes that the proposed use will have a minimal impact on the existing service level of the roadway and should not significantly alter traffic flow. Staff recommends approval of this request with the conditions below. SUKHWINDER "SHINDA" BHARIJ / S & J TRUCK TERMINAL, INC. Agenda Item 11 Page 4 CONDITIONS 1. The site shall be developed in substantial conformance with the submitted site plan entitled, "Conditional Use Site Plan for 5 -Story Mini -warehouse Storage for Big Charlie's Truck Plaza, Inc.", prepared by John E. Sirine & Associates, LTD., dated October 20, 2010 and last revised March 30, 2011, which has been exhibited to the City Council and is on file in the Planning Department. 2. When the property is developed extensive landscaping and landscape screening shall be provided as depicted and described on the submitted landscape plan entitled, "Conditional Use Landscape Plan for 5 -Story Mini -Warehouse Storage for Big Charlie's Truck Plaza, Inc.", prepared by John E. Sirine & Associates, LTD., dated October 20, 2010 and last revised March 30, 2011, which has been exhibited to the City Council and is on file in the Planning Department. 3. One parking space from each parking row isle adjacent to the loading dock area (as depicted in the above-mentioned landscape plan) shall be removed and the width of the landscape island adjacent landGGape island to the loading dock area shall be increased to allow adequate soil volume to support the healthy growth of a large canopy tree. The width of the afore -mentioned landscaped islands shall be reviewed and approved by the Planning Department / Development Service Center during detailed site plan review. 4. The architectural design elements and exterior building materials shall be substantially in conformance with the submitted elevations labeled, "Five Story Self Storage Facility for Big Charlies Truck Plaza, Inc.; Views -1-7" and additional submitted elevations identifying building materials. Said elevations have been exhibited to City Council and are on file in the Planning Department. 5. No window signs or signs placed in windows shall be permitted at this site, except one window sign as shown within the building elevation entitled "Five Story Self Storage Facility for Big Charlies Truck Plaza, Inc.; View 4" may be permitted. All other signs shall come into compliance with the City of Virginia Beach Zoning Ordinance or a variance must be obtained approved through the Board of Zoning Appeals. 6. The existing free standing sign shall be removed from site within 90 days of City Council approval of this Use Permit. Any new free standing sign shall be a brick monument style sign, no more than eight feet in height. The free-standing sign shall be installed in accordance with the City Zoning Ordinance and the Site Plan Ordinance. 7. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet and shall be in substantial conformance to the submitted light fixture details and photographs. 8. There shall be no electric powered or diesel powered generators or generators fueled by any other source of energy located outside of the building. 9. The storage unit shall be used only for storage of non -hazardous goods. 10. The storage units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. SUKHWINDER "SHINDA" BHARIJ / S & J TRUCK TERMINAL, INC. Agenda Item 11 Page 5 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. SUKHWINDER "SHINDA" BHARIJ / S & J TRUCK TERMINAL, INC. Agenda Item 11 Page 6 • A SLI hdIVIsIoil .imp W—a�r I,] ri c c r tit \NN `.✓,'.. rte. .:-. - -IVlini-W�rchousc S � Q PROPOSED SITE PLAN SUKHWINDER "SHINDA" BHARIJ / S & J TRUCK TERMINAL, INC. Agenda Item 11 Page 8 ly �!� , ��,/, �� ra �, a i� f,', :�,,,` � �• i1 �. Oil wy -+'HIVs nti,4. a FIVE STORY SELF STORAGE FACILITY FOR BIG CHARLIES TRUCK PLAZA, INC. VIEW -2 PROPOSED OUTDOOR DINING AREA SUKHWINDER °SHINDA" BHARIJ / S & J TRUCK TERMINAL, INC. Agenda Item 11 Page 10 PROPOSED LIGHTING FIXTURES SUKHWINDER "SHINDA" BHARIJ / S & J TRUCK TERMINAL, INC. Agenda Item 11 Page 11 EXISTING FREE-STANDING SIGN (TO BE REMOVED) SUKHWINDER "SHINDA" BHARIJ / S & J TRUCK TERMINAL, INC. Agenda Item 11 Page 12 BAYS IDE lNlajj) D,t -4 3UM111 111t1C1 011111"" -"11th 1.1 MaD Noi to Scale il/ t B2 m 1 O t a R5D ;� s' D�� Rs� B2' � /C {,r ' Zoning with coulitions:Protters. Open Space Promotion or PDH -2 Overlays CUP for Mini -warehouse # DATE REQUEST APPLICANT ACTION 1 09/10/1996 Use Permit (truck Big Charlie's Truck Partially washing, additional Plaza, Inc. Approved parking, motel, bulk storage) 09/06/1983 Use Permit (gas station, Charlie H. Kestner Approved truck pavilion, & restaurant) 04/14/1969 Rezoning City of Virginia Beach Approved 2 01/14/1997 Rezoning (B-2 to Northampton Business Approved Conditional 1-1) Center- III 3 01/26/1999 Use Permit (automotive Motiva Enterprises, Approved service station LLC. 4 06/27/2000 Use Permit (fuel sales 4-N-1, LLC. Approved with convenience store car wash & automotive service station ZONING HISTORY SUKHWINDER "SHINDA" BHARIJ / S & J TRUCK TERMINAL, INC. Agenda Item 11 Page 13 5 02/13/2001 Rezoning (B-2, 0-2 & I- Jay Barot Approved 1 to Conditional 1-1) 5 02/13/2001 Use Permit Hotel Jay Barot Approved 6 01/25/2005 Rezoning (0-2 to Absolute Hospitality, Approved Conditional 1-1) Inc. 01/25/2005 Use Permit (hotel) Approved Absolute Hospitality, Inc. 7 05/24/2005 Rezoning (Conditional I- Frontier Development, Approved 1 to Conditional B-2 LLC 8 06/13/2006 Rezoning (R -5D to Danny Martin Approved Conditional 1-1 9 01/26/2010 Use Permit (senior Senior's Unlimited Approved housing) Lifestyles, Inc. 10 05/22/2007 Modifications of Proffers Value Place Real Estate Approved 05/22/2007 Use Permit (hotel) Value Place Real Estate Approved 02/28/2006 Rezoning (B-2 to Tank Lanes Inc. Approved Conditional 1-1 11 12/08/1998 Use Permit (automotive Earl Scheibotva, Inc. Approved repair garage) ZONING HISTORY SUKHWINDER "SHINDA" BHARIJ / S & J TRUCK TERMINAL, INC. Agenda Item 11 Page 14 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Sukhwinder "Shinda" Bliarii 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) l QCheck here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) S & J TrucK Terminal, Inc.: Sukhwinder "Shinda" Bharij. President 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or epoyee of�City of Virginia Beach have an interest in the subject land? Yes _ No If yes, what is the name of the official or employee and the nature of their interest? Coiditional Use Permit Application Page 0 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT SUKHWINDER "SHINDA" BHARIJ / S & J TRUCK TERMINAL, INC. Agenda Item 11 Page 15 A O V IF -DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Stephen Downs, Architecture - (757) 583-7730 Matt Williams, Express Building Systems - (334) 750-3043 ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. 1 understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. r Sukhiwinder "Shinda" Bharij Applicant's Signatur print Name Property Owner's Signature (if different than applicant) Print Name subdivision Variance Application Page 10 of 10 Revised 7f312007 DISCLOSURE STATEMENT SUKHWINDER "SHINDA" BHARIJ / S & J TRUCK TERMINAL, INC. Agenda Item 11 Page 16 Item #11 Sukhwinder "Shinda" Bharij Conditional Use Permit 5792 Northampton Boulevard District 4 Bayside May 11, 2011 CONSENT An application of Sukhwinder "Shinda" Bharij for a Conditional Use Permit for a mini -house on property located on a portion of 5792 Northampton Boulevard. GPIN: 1458-99-5821-0000, District 4, Bayside. CONDITIONS 1. The site shall be developed in substantial conformance with the submitted site plan entitled, "Conditional Use Site Plan for 5 -Story Mini -warehouse Storage for Big Charlie's Truck Plaza, Inc.", prepared by John E. Sirine & Associates, LTD., dated October 20, 2010 and last revised March 30, 2011, which has been exhibited to the City Council and is on file in the Planning Department. 2. When the property is developed extensive landscaping and landscape screening shall be provided as depicted and described on the submitted landscape plan entitled, "Conditional Use Landscape Plan for 5 -Story Mini -Warehouse Storage for Big Charlie's Truck Plaza, Inc.", prepared by John E. Sirine & Associates, LTD., dated October 20, 2010 and last revised March 30, 2011, which has been exhibited to the City Council and is on file in the Planning Department. 3. One parking space from each parking row We adjacent to the loading dock area (as depicted in the above- mentioned landscape plan) shall be removed and the width of the landscape island adjacent Jandssape4slan4 to the loading dock area shall be increased to allow adequate soil volume to support the healthy growth of a large canopy tree. The width of the afore -mentioned landscaped islands shall be reviewed and approved by the Planning Department / Development Service Center during detailed site plan review. 4. The architectural design elements and exterior building materials shall be substantially in conformance with the submitted elevations labeled, "Five Story Self Storage Facility for Big Charlies Truck Plaza, Inc.; Views -1-7" and additional submitted elevations identifying building materials. Said elevations have been exhibited to City Council and are on file in the Planning Department. 5. No window signs or signs placed in windows shall be permitted at this site, except one window sign as shown within the building elevation entitled "Five Story Self Storage Facility for Big Charlies Truck Plaza, Inc.; View 4" may be permitted. All other signs shall come into compliance with the City of Virginia Beach Zoning Ordinance or a variance must be obtained approved through the Board of Zoning Appeals. 6. The existing freestanding sign shall be removed from site within 90 days of City Council approval of this Use Permit. Any new free standing sign shall be a brick monument style sign, no more than eight feet in height. The free- standing sign shall be installed in accordance with the City Zoning Ordinance and the Site Plan Ordinance. 7. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet and shall be in substantial conformance to the submitted light fixture details and photographs. 8. There shall be no electric powered or diesel powered generators or generators fueled by any other source of energy located outside of the building. Item #11 Sukhwinder "Shinda" Bharij Page 2 9. The storage unit shall be used only for storage of non -hazardous goods. 10. The storage units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 9 NAY 0 ABS 1 ABSENT 1 BERNAS ABSENT FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON ABS By a vote of 9-0, with the abstention noted, the Board approved item 11 for consent. Robert Beamon appeared before the Board on behalf of the applicant. Sukhwinder Bharij was also present. Hu }��oS �0 �l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance approving application of the City of Virginia Beach for the closure of a portion of an unimproved and unnamed 70' public right-of-way adjacent to 2201 Elson Green Avenue and 2101 Princess Anne Road and reconveyance of same to David Beldon Hill and Luke Harrison Hill. District 7 - PRINCESS ANNE. MEETING DATE: June 28, 2011 ■ Background: The City of Virginia Beach, as the applicant (the "City"), requests the discontinuance, closure and abandonment of a portion of an unimproved and unnamed 70 foot right-of-way, located between 2101 Princess Anne Road and 2201 Elson Green Avenue. ■ Considerations: In 1999, David Beldon Hill and Luke Harrison Hill (the "Hills") dedicated to the City 66,860 square feet (1.5349 acres) of land running southwesterly from Princess Anne Road for a 70' right-of-way to be used as the entrance to Three Oaks Elementary School. During the construction process, the Construction Division of the School Board modified their plan to use Elson Green Avenue as the entrance to the school. Because there was no longer a need for the 70' right- of-way, the Hills requested that the City close the right-of-way, incorporate the closed portion of the right-of-way into the Hills' adjacent property known as GPIN 2414-22-0821 (also known as 2101 Princess Anne Road) and reconvey the closed right-of-way to them. It was determined that the City needs to retain approximately 19,486 s.f./0.4469 acres, located at the easternmost end of the 70' right-of-way, for Princess Anne Road Phase VII Improvements (CIP 2-195). However, the remainder of the 70' right-of-way could be closed and reconveyed to the Hills subject to the City retaining a 25' permanent utility easement and a variable width temporary construction easement located on the easternmost portion of the area proposed for closure. The Viewers reviewed the request to discontinue, close, and abandon a portion of the unimproved and unnamed 70' right-of-way and found there would be no detriment to the public by approving the request and reconveying the closed portion of the right-of-way to the Hills. The School Board of the City of Virginia Beach has no objection to reconveying the entire width of the closed portion to the Hills. City of Virginia Beach (Elson Green) Page 2of3 There was no opposition to the request. Staff notes that condition #1 in the Staff Report has been amended to reflect the City as the applicant and owner of the underlying fee and condition #2 in the Staff Report and Planning Commission Minutes has been amended to reflect that the closed area will be incorporated only into the Hills' parcel to the south and not to the adjacent school site and to reflect the easement areas the City needs to retain. Staff recommends approval of this request with the conditions listed below. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in this street closure, however, because the City is both the owner of the underlying fee and the applicant seeking the street closure. 2. The applicant shall re -subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel, known as GPIN 2414- 22-0821. The plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the establishment of a 25' permanent utility easement and a variable width temporary construction easement located at the easternmost end of the closed portion of the right- of-way, subject to the approval of the Department of Public Works and the City Attorney's Office, which easements shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. City of Virginia Beach (Elson Green) Page 3 of 3 ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: .a.S k -7�n Item #5 City of Virginia Beach (Elson Green) Discontinuance, closure and abandonment 70 foot right-of-way, adjacent to Princess Anne Road District 7 Princess Anne May 11, 2011 CONSENT An application of the City of Virginia Beach (Elson Green) for a discontinuance, closure and abandonment of an unnamed 70 foot right-of-way, adjacent to Princess Anne Road: GPIN: 2414-13-3361-0000 AND 2414220821-0000, District 7, Princess Anne. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall re -subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. (VOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. By a vote of 10-0, the Board approved item 5 for consent. Jack Whitney, Planning Director, presented this application. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS ABSENT FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 10-0, the Board approved item 5 for consent. Jack Whitney, Planning Director, presented this application. PRINCESS ANNE Cita of Vil-Allia Reach Elson Green AG �s. R20 AG2 AI2-° R7; R7 5 AGI B2 B2 : AG2 62 ' R20 B2" 62' 5 May 11, 2011 Public Hearing APPLICANT / PROPERTY OWNER: CITY OF VIRGINIA BEACH (ELSON GREEN) STAFF PLANNER: Faith Christie Request: Discontinuance, closure and abandonment of an unnamed 70 foot right-of-way, adjacent to Princess Anne Road ADDRESS / DESCRIPTION: Property located on the west side of Princess Anne Road, adjacent to 2201 Princess Anne Road and 2201 Elson Green Avenue GPIN: ADJACENT TO ELECTION DISTRICT: SITE SIZE: AICUZ: 24141333610000; and PRINCESS ANNE 47,374 square feet 65-70 dB DNL; Sub -Area 2 24142208210000 SUMMARY OF REQUEST The applicant requests the discontinuance, closure and abandonment of an unnamed 70 foot right-of- way, located between 2201 Princess Anne Road and 2201 Elson Green Avenue. The right-of-way was dedicated for an entrance to Three Oaks Elementary School. During the construction process the Construction Division of the School Board modified their plan to use Elson Green Avenue as the entrance to the school. Therefore there is no longer any need for this right-of-way. The property will be incorporated into the adjacent property to the south of the site. LAND USE AND PLAN INFORMATION EXISTING LAND USE: unimproved right-of-way City of Virginia Beach (Elson Green) Agenda Item 5 Page 1 SURROUNDING LAND North: • Three Oaks Elementary School and vacant property / AG -1 and USE AND ZONING: AG -2 Agricultural South: . Fish Market and Single-family dwelling with out -buildings / AG -2 Agricultural and B-2 Business East: • Princess Anne Road Across Princess Anne Road are the Red Mill Shopping Centers / B-2 Business West: . Vacant property / AG -1 and AG -2 Agricultural NATURAL RESOURCE AND The site is a grassy field. There are no natural resources or cultural CULTURAL FEATURES: features associated with the site. IMPACT ON CITY SERVICES WATER and SEWER: The City of Virginia Beach Public Utilities Department has no objection to the request. There are no water or sewer lines located in the subject area. PRIVATE UTILITES: Private utilities are not impacted by this request. EVALUATION AND RECOMMENDATION The Viewers reviewed the request to discontinue, close, and abandon the unimproved section of an unnamed right-of-way, and found there would be no detriment to the public by approving the request. Staff recommends approval of this request with the conditions below. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall re -subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. City of Virginia Beach (Elson Green) Agenda Item 5 Page 2 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. City of Virginia Beach (Elson Green) Agenda Item 5 Page 3 a y,. ay. 1i V �7$lr Ove d NOW OR FORMERLY SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH INST. j 200404010051195DEED) INST,# 200409200145 PLAT) GPIN 2414-13-3361 NOW OR FORMERLY MUNDEN AND ASSOCIATES ASSOCIATES LIP ET AL Ly '-' AL R', EE DB 4336 PC !446 NST #200403=49414 (PLAT) GPIN 2414-1�3-7942 13 7942 PORTION OF RIGHT-OF-WAY DEDICATED BY D.B. 4049, PC. 163 M.B. 275 PG 32 (TO BE CLOSED) AREA = 47,374 SF OR 1,088 ACRES N 3443008.2377 F 1221 i 703.8031 0 NOW OR FORMERLY LUKE HARRISON HILL, DAVID BELDOIN HILL JR. & SUSIE WOOD HILL D8 4040 PC 160 INST.# 200306050P67111 (PLAT) M.O.275 PC, 32 GPIN 2414-22-0821 NOW OR FORMERLY DAVID BELDON HILL & LUKE H. HILL DS 4049 PC 160 Q0 INST.1 200306055037W (PLAT) M.S. 275 PG 32 GPIN 2414-22-0223 N' q m\ lb g. EXISTING 25' PERMANENT UTILITY EASEMENT NST. 120061227001909820 PROPOSED 25' PERMANENT UTILITY EASEMENT AREA = 1,776 SF OR 0.0408 ACRE TO BE RETAINED BY THE CITY OF VIRGINIA BEACH, VIRGINIA. PROPOSED VARIABLE WOTH TEMPORARY CONSTUCTION EASEMENT AREA - 1,896 SF OR 0.0435 ACRE TO BE RETAINED By THE CITY OF VIRGINIA BEACH, VIRGINIA. 3443387.3566 12211933,4575 L=7038* R-1571.50' - SEE SHEET 2 FOR EASEMENT R', EE DETAILS o EXISTING 25' PERMANENT UTILITY EASEMENT INST. 120090605000634040 U DAVID W, ANDREA Lib. No. 2215 <h' k' L) S u R, 200 0 200 400 Rmsed 12113/10 SCALE IN FEET 77 Shed I of 2 Vanasse Exhibit Showing D— Hangen A Closure Of A Portion Of Tb 07113110 BnalUn c T PO -do% Emd Devejaj�t InC, 70' Public Right -Of -Way Dedicated By 77. 1'-200' .fld r-4onnmutw Somica Deed Book 4049, Page 163 0-r-h-0-3C-t--S-ift 11WVillimblb VirXIM423462 757t4W0132 AF= 7nl4W0j36 (Map Book 275, Page 32) 31685.00 SURVEY OF AREA TO BE CLOSED City of Virginia Beach (Elson Green) Agenda Item 5 Page 5 NOW OR FORMERLY SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH INST. # 2OD404010051195 (DEED) INST.1 200409=14908 (PLAT) GPIN 2414-13-3361 25' PERMANENT UTILITY EASEMENT 1,776 S. (0.0408 ACRE) TO ,,-RE RETAINED BY THE CITY OF VIRGINIA BEACH VIRGINIA NOW OR FORMERLY SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH WST. # 2OD404010051195 (DED) IRK.# 20040920010838 (PLAT) GPIN 2414-13-3361 VARIABLE WIDIH TEMPORARY CONSTRUCTION EASEMENT 1,896 S.F. (0.0435 ACRE) TO ,o^C RETAINED BY THE CITY ,o-' OF VIRGINIA BEACH, VIRGINIA LINE TABLE LIRE I LENGTH I BEARING Ll I 65.48 I N55'55'45 -W L2 1 9.53' 1 .. NOD -19'55-E 50 0 50 100 SCALE IN FEET tol CURVE DATA TABLE -N Q) NUMBER I RADIUS DELTA ARC LENGTH TANGENT CHORD CHORD BEARING 1 1571.50- 1 2-34'50 1 70. 78' XLIH 21.317 S27*58'38'E UZ 1'11'12" 1 10.36' 5.1 F, 55222'25*W C3 570.00' 3'42'43" 36.93' 18.47 .9 S52'13'50" C4 1571.50' 234'50' 70.78' — 35.40' 70,77' 527*58'38'E C5 500.00' 2*54'07'5.32; � f 12.66' 25.32'. S51 -30'57"W C6 1596.50' 71. 715.33 3f 32' 528 0759"E C7 570,00' 2.33,19, 25,42' 12.71' 25.42' S52*48'32-W NOW OR FORMERLY SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH INST. # 2OD404010051195 (DEED) INST.1 200409=14908 (PLAT) GPIN 2414-13-3361 25' PERMANENT UTILITY EASEMENT 1,776 S. (0.0408 ACRE) TO ,,-RE RETAINED BY THE CITY OF VIRGINIA BEACH VIRGINIA NOW OR FORMERLY SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH WST. # 2OD404010051195 (DED) IRK.# 20040920010838 (PLAT) GPIN 2414-13-3361 VARIABLE WIDIH TEMPORARY CONSTRUCTION EASEMENT 1,896 S.F. (0.0435 ACRE) TO ,o^C RETAINED BY THE CITY ,o-' OF VIRGINIA BEACH, VIRGINIA LINE TABLE LIRE I LENGTH I BEARING Ll I 65.48 I N55'55'45 -W L2 1 9.53' 1 .. NOD -19'55-E 50 0 50 100 SCALE IN FEET Kin 0?�,TH op DAVID X NMEA Lic, No, 2215 <L Revised 12113110 Sbect 2 of 2 Admkk� Vanasse Exhibit Showing 07/13110 Hangen A Closure Of A Portion Of The Bm$tfin 70' Public Right -Of -Way Dedicated By P, - 50' maspo,IstiLend, Lend De�IoWnwt InC. --Z - —.—. and E—immmtaf Semen Deed Book 4049, Page 163 oftcok"bnCenw.501C 11MW&'.B—+ Vagun. 2,3462 7$7490-0132 1 Fu 7s'j/49o*j.j6 (Map Book 275, Page 32) 31685,00 SURVEY OF AREA TO BE CLOSED City of Virginia Beach (Elson Green) Agenda Item 5 Page 6 tol & -N Q) 'ILI ff Kin 0?�,TH op DAVID X NMEA Lic, No, 2215 <L Revised 12113110 Sbect 2 of 2 Admkk� Vanasse Exhibit Showing 07/13110 Hangen A Closure Of A Portion Of The Bm$tfin 70' Public Right -Of -Way Dedicated By P, - 50' maspo,IstiLend, Lend De�IoWnwt InC. --Z - —.—. and E—immmtaf Semen Deed Book 4049, Page 163 oftcok"bnCenw.501C 11MW&'.B—+ Vagun. 2,3462 7$7490-0132 1 Fu 7s'j/49o*j.j6 (Map Book 275, Page 32) 31685,00 SURVEY OF AREA TO BE CLOSED City of Virginia Beach (Elson Green) Agenda Item 5 Page 6 # DATE REQUEST ACTION 1 5/25/99 Rezoning (AG -2 Agricultural to Conditional B-2 Approved Business 2 12/11/01 Conditional Use Permit Fuel sales Approved 3 12/11/01 Rezoning (B-2 Business to Conditional A-12 Approved Apartment 4 8/25/93 Conditional Use Permit Church Approved 5 7/16/69 Conditional Use Permit (Signboard) Approved 6/11/74 Conditional Use Permit (Signboard) Approved 5/12/75 Conditional Use Permit (Signboard) Approved ZONING HISTORY City of Virginia Beach (Elson Green) Agenda Item 5 Page 7 • DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) City of Virginia Beach 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) None ® Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) City of Virginia Beach 2. List all businesses that have a parent -subsidiary' or affiliated business entity? relationship with the applicant: (Attach list if necessary) R1 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes X No If yes, what is the name of the official or employee and the nature of their interest? The City of Virginia Beach is the owner of the subject property. Steet ^v1osure Application Page 10 of 3 2 Re,iseti 713.107 DISCLOSURE STATEMENT City of Virginia Beach (Elson Green) Agenda Item 5 Page 8 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) None Parent -subsidiary relationship" means `a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Plpnipg to ghetggraph and view the site for purposes of processing and evaluating this application. i s ig ure Print Name Ap Owner's Signature (if different than applicant) Print Name street C%)S.,e Apphlatiorl Page 71 of 11 Revised T3W DISCLOSURE STATEMENT City of Virginia Beach (Elson Green) Agenda Item 5 Page 9 1 ORDINANCE APPROVING APPLICATION OF THE 2 CITY OF VIRGINIA BEACH FOR THE CLOSURE OF 3 A PORTION OF AN UNIMPROVED AND UNNAMED 4 70' PUBLIC RIGHT-OF-WAY ADJACENT TO 2201 5 ELSON GREEN AVENUE AND 2101 PRINCESS 6 ANNE ROAD AND RECONVEYANCE OF SAME TO 7 DAVID BELDON HILL AND LUKE HARRISON HILL 8 9 WHEREAS, in 1999, David Beldon Hill and Luke Harris Hill (the "Hills") 10 dedicated property to the City of Virginia Beach (the "Applicant") for a 70' right-of-way to 11 be used to access Three Oaks Elementary School (the "School"); 12 13 WHEREAS, the Construction Division of the School Board modified its 14 plan so that access to the School would be from Elson Green Avenue; 15 16 WHEREAS, the 70' right-of-way was no longer needed for access to the 17 School and has remained unimproved and unnamed; 18 19 WHEREAS, the Applicant applied to the Council of the City of Virginia 20 Beach, Virginia, to have the hereinafter described right-of-way discontinued, closed, and 21 vacated and reconveyed to the Hills as owners of the parcel adjacent to the south of the 22 right-of-way ("GPIN 2414-22-0821"); and 23 24 WHEREAS, it is the judgment of the Council that said right-of-way be 25 discontinued, closed, and vacated, subject to certain conditions having been met on or 26 before one (1) year from City Council's adoption of this Ordinance and reconveyed to 27 the Hills; 28 29 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 30 Virginia Beach, Virginia: 31 32 SECTION 1 33 34 That the hereinafter described unimproved and unnamed right-of-way be 35 discontinued, closed and vacated, subject to certain conditions being met on or before 36 one (1) year from City Council's adoption of this ordinance: 37 38 ALL THAT certain lot, tract, or parcel of land, together with 39 the improvements thereon belonging, lying, situate and 40 being in the City of Virginia Beach, Virginia and designated 41 42 43 GPIN: City right-of-way no GPIN assigned 44 Adjacent to 2414-13-3361 and 2414-22-0821 1 45 as "PORTION OF RIGHT-OF-WAY DEDICATED BY D.B. 46 4049, PG. 163 M.B. 275, PG 32 (TO BE CLOSED) AREA = 47 47,374 SF OR 1.088 ACRES," as shown on that certain plat 48 entitled: "EXHIBIT SHOWING A CLOSURE OF A PORTION 49 OF THE 70' PUBLIC RIGHT-OF-WAY DEDICATED BY 50 DEED BOOK 4049, PAGE 163 (MAP BOOK 275, PAGE 51 32)," dated July 13, 2010 and revised through March 9, 52 2011, prepared by Vanasse Hangen Brustlin, Inc., a copy of 53 which is attached hereto as Exhibit "A". 54 55 SECTION II 56 57 The following conditions must be met on or before one (1) year from City 58 Council's adoption of this ordinance: 59 60 1. The City Attorney's Office will make the final determination regarding 61 ownership of the underlying fee. The purchase price to be paid to the City is normally 62 determined according to the "Policy Regarding Purchase of City's Interest in Streets 63 Pursuant to Street Closures," approved by City Council. Copies of said policy are 64 available in the Planning Department. No purchase price shall be charged in this 65 street closure, however, because the City is both the owner of the underlying fee and 66 the applicant seeking this street closure. 67 68 2. The applicant shall re -subdivide the property and vacate internal lot 69 lines to incorporate the closed area into the adjoining parcel, known as GPIN 2414-22- 70 0821. The plat must be submitted and approved for recordation prior to final street 71 closure approval. Said plat must include the establishment of a 25' permanent utility 72 easement and a variable width temporary construction easement located at the 73 easternmost end of the closed portion of the right-of-way, subject to the approval of the 74 Department of Public Works and the City Attorney's Office, which easements shall 75 include a right of reasonable ingress and egress. 76 77 3. The applicant shall verify that no private utilities exist within the right -of - 78 way proposed for closure. Preliminary comments from the utility companies indicate 79 that there are no private utilities within the right-of-way proposed for closure. If private 80 utilities do exist, the applicant shall provide easements satisfactory to the utility 81 companies. 82 83 4. Closure of the right-of-way shall be contingent upon compliance with 84 the above stated conditions within one (1) year of approval by City Council. If all 85 conditions noted above are not in compliance and the final plat is not approved within 86 one (1) year of the City Council vote to close the street, this approval will be considered 87 null and void. 88 89 SECTION III 90 91 1. If the preceding conditions are not fulfilled on or before June 27, 2012, 92 this Ordinance will be deemed null and void without further action by the City Council. 93 94 2. If all conditions are met on or before June 27, 2012, the date of final 95 closure is the date the street closure ordinance is recorded by the City Attorney. 96 97 3. The City Manager or his designee is authorized to execute whatever 98 documents are necessary to convey the City's interest in the underlying fee to David 99 Beldon Hill and Luke Harris Hill, as the owners of GPIN 2414-22-0821, provided said 100 documents are approved by the City Attorney's Office. 101 102 SECTION IV 103 104 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 105 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 106 OF VIRGINIA BEACH as "Grantor" and "Grantee." 107 108 Adopted by the Council of the City of Virginia Beach, Virginia, on this 109 day of , 2011. CA11429 R-1 June 13, 2011 \\vbgov.com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d013\p011 \00023693.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Attorney 3 Vhb\proj\VaBeoch\31685.00\cad\sr\plonset\31685st— close. dwg NOW OR FORMERLY SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH D8 4049, PG 166 MB 275, PG 32 GPIN 2414-13-3361 NOW OR FORMERLY MUNDEN AND ASSOCIATES LP ET AL DB 4336 PG 1446 INST #200403300049414 (PLAT) M8 8, PG 55 r GPIN 2414-13-7942 , w u � U ' C) EXHIBIT z � B E m EXISTING 25' PERMANENT UTILITY EASEMENT INST. #20061227001909820 PROPOSED 25' PERMANENT UTILITY EASEMENT AREA = 1,776 SF OR 0.0408 ACRE TO BE RETAINED BY THE CITY OF VIRGINIA BEACH, VIRGINIA. PROPOSED VARIABLE WIDTH TEMPORARY CONSTUCTION EASEMENT AREA = 1,896 SF OR 0.0435 ACRE TO BE RETAINED BY THE CITY OF LJ VIRGINIA BEACH, VIRGINIA. PORTION OF RIGHT—OF—WAY N 3443387.3566 DEDICATED BY D.B. 4049, PG 163 E 12211933.4575 MB 275 PG 32 (TO BE CLOSED) AREA = 47,374 SF OR 1.088 ACRES L--70.78' �0 �0 R=1571.50' 00 SEE SHEET 2 N 3443008.2371 h� /g00. ` FOR EASEMENT E 12211703.8031 �`� Q' DETAILS wC5* �- ti6� O h� \ N8j 4 -0, 0, {y NOW OR FORMERLY �\ LUKE HARRISON HILL, DAVID BELDON HILL, JR. do SUSIE WOOD HILL DB 1529 PG 36 D8 1650 PG 562 WB 66 PG 37 INST.# 200306050087111 (PLAT) MB 275 PG 32 NOW OR FORMERLY GPIN 2414-22-0821 DAVID BELDON HILL PARCEL "C" & LUKE H. HILL DB 1529 PG 36 DB 1650 PG 562 O Nq W.B. 66 PG 37 INST./ 200306050087111 (PLAT) y1Q� MB 275 PG 32 GPIN 2414-22-0223 PARCEL `B" V'j �•4 Q 200 4 Revised 03/09/11 a 05 Lq Lq4h Q� EXISTING 25' PERMANENT UTILITY EASEMENT INST. #20090605000634040 j,TH OF O DAMD W. ANDREA Lic. No. 2215 0 200 400 SCALE IN FEET Sheet I of 2 Vanwse Exhibit Showing Dote 07/13110 Hangen A Closure Of A Portion Of The Scale Brustdin t I„ = 200' 70 Public Right -Of -Way Dedicated By VHaDoa "a Nome Transportation, tal Land Development Il1C. Deed Book 4049 g and Environmental Services ,Pae 163 31685St-close One Columbus Center, Suite 1100-Vir 00 -Virginia Beach Project Number Virginia 23462 757/490-0132 1 Pax 757/490-0136 (Map Book 275, Page 32) 31685.00 Vhb\proj\VaBecch\31685.00\cad\sr\plonset\31685st—close.dwg NOW OR FORMERLY SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH DB 4049, PG 166 MB 275, PG 32 GPIN 2414-13-3361 25' PERMANENT UTILITY EASEMENT 1,776 S.F. (0.0408 ACRE) TO BE RETAINED BY THE CITY CIE OF VIRGINIA BEACH, VIRGINIA I, NOW OR FORMERLY SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH DB 4049, PG 166 MB 275, PG 32 GPIN 2414-13-3361 VARIABLE WIDTH TEMPORARY CONSTRUCTON EASEMENT 1,896 S.F. (0.0435 ACRE) TO / BE RETAINED BY THE CITY OF VIRGINIA BEACH, VIRGINIA LINE TABLE LINE LENGTH _ BEARING L1 65.48' N55'55'45"W L2 9.53' N00'19'55"E 50 0 50 100 SCALE IN FEET Revised 03/09/11 �— q� CURVE DATA TABLE u z� NUMBER RADIUS DELTA ARC LENGTH TANGENT CHORD CHORD BEARING Cl 1571.50' 2'34'50" 70.78' 35.40' 70.77' S27'58'38'E C2 500.00' 111'12" 10.36' 5.18' 10.36 S52 22'25"W C3 570.00` 3'42'43" 36.93' 18.47' 36.92' S5213`50'W C4 1571.50' 234'50" 70.78' 35.40' 70.77` S27'58'38"E C5 500.00` 2'54'07" 1 25.32' 12.66' 25.32' 1 S51'30'57'W C6 1596.50' 2'33'35" 71.33` 1 35.67' 1 71.32` 1 S28'07`59'E C7 570.00' 2'33'19" 25.42' 1 12.71' 1 25.42' 1 S52 -48'32"W NOW OR FORMERLY SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH DB 4049, PG 166 MB 275, PG 32 GPIN 2414-13-3361 25' PERMANENT UTILITY EASEMENT 1,776 S.F. (0.0408 ACRE) TO BE RETAINED BY THE CITY CIE OF VIRGINIA BEACH, VIRGINIA I, NOW OR FORMERLY SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH DB 4049, PG 166 MB 275, PG 32 GPIN 2414-13-3361 VARIABLE WIDTH TEMPORARY CONSTRUCTON EASEMENT 1,896 S.F. (0.0435 ACRE) TO / BE RETAINED BY THE CITY OF VIRGINIA BEACH, VIRGINIA LINE TABLE LINE LENGTH _ BEARING L1 65.48' N55'55'45"W L2 9.53' N00'19'55"E 50 0 50 100 SCALE IN FEET Revised 03/09/11 �— q� �_AT4 u z� rn wo g h ate` � z Q i' d } Afn pyTH aF a":.3 W.` --- DAVID K ANDREA Lic. No. 2215 `kq;►p SURNS� Sheet 2 of 2 Vanasse Exhibit Showing Date 07/13/10 Hangen A Closure Of A Portion Of The Scale BrustUn1" = 50' Transportation, Land Development Ine, 70 Public Right -Of --Way Dedicated By VHBCod Pie Name and Environmental Services Deed Book 4049, Page 1.63 31685st-close One Columbus Pro' c Center, Suite 1100-Vir 'nia Beach t Number Virginia 23462 757/490-0132 A Fax 757/490-0136 (Map Book 275, Page 32) 31685.00 L. APPOINTMENTS BAYFRONT ADVISORY COMMITTEE COMMUNITY SERVICES BOARD EASTERN VIRGINIA MEDICAL SCHOOL HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL RETREAT FRIDAYAUGUST 5, 2011 8:00 - 5:00 P.M. ECONOMIC DEVELOPMENT CONFERENCE ROOM NATIONAL NIGHT OUT OCTOBER 4, 2011 CITY OF VIRGINIA BEACH CITY COUNCIL BRIEFING SUMMARY OF COUNCIL ACTIONS RAC/SUBCOMMITTEES — Preston Midgett, DATE: 6/14/2011 B Organizational Structure RAC Chair and PAGE: I E D S Subcommittee L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W Y T V E Z Y L N 0 R S 0 T I P E E E E M I 0 0 9-0 0 S H L R Y S S N N D I CITY COUNCIL BRIEFING RAC/SUBCOMMITTEES — Preston Midgett, Organizational Structure RAC Chair and Subcommittee Chairs IUIIMVN/ CERTIFICATION OF CLOSED CERTIFIED 9-0 Y Y A Y Y Y Y Y Y A 5' VUE SESSION F/ G/ MINUTES —May 24, 2011 APPROVED 9-0 Y Y A Y Y Y Y Y Y A N' H/I MAYOR'S PRESENTATION State Parks 75th Anniversary J PUBLIC HEARING NO SPEAKERS SALE OF EXCESS PROPERTY John B. Dey Elementary School K/I Resolution to AUTHORIZE sale, of ADOPTED, BY 9-0 Y Y A Y Y Y Y Y Y A 5' $90,000,000 GO Bonds, on June 22, CONSENT 2011 2 Resolution to REQUEST ADOPTED 9-0 Y Y A Y Y Y Y Y Y A 1 Beaches/Waterways Advisory Com study Dredge Spoils Removal/ Transfer Stations/report by December 2011 3 Resolution to RESUME preparation of a DEFERRED TO 9-0 Y Y A Y Y Y Y Y Y A "Rolling" Biennial Budget 7/12/11, BY CONSENT 4 Resolution to AUTHORIZE the 2012 ADOPTED, BY 9-0 Y Y A Y Y Y Y Y Y A Y Employee/Retiree Health Care CONSENT 5 Ordinance to DECLARE site at John B. ADOPTED, BY 9-0 Y Y A Y Y Y Y Y Y A Y Dey Elementary School CONSENT EXCESS/AUTHORIZE conveyance to School Board CITY OF VIRGINIA BEACH Ordinances to: ADOPTED, BY 9-0 Y Y A Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS A CONSENT DATE: 6/14/2011 B a. AUTHORIZE "Addendum A" to PAGE: 2 E D S 2009 Intergovernmental Agreement AGENDA L E D H E W ITEM # SUBJECT MOTION VOTE L I D A S T I E D E N J O S S U H I L W T V E Z Y L N 0 R S 0 T I P E E E E M I 0 0 O S H L R Y S S N N D 6 Ordinances to: ADOPTED, BY 9-0 Y Y A Y Y Y Y Y Y A CONSENT a. AUTHORIZE "Addendum A" to 2009 Intergovernmental Agreement the Va Dept of griculture/Consumer Services re ARP easements b. ACCEPT/APPROPRIATE additional $54,247 to reimburse the ARP with acquisition of property at 3457 Land of Promise Road (DISTRICT 7 — PRINCESS ANNE) 7 Ordinance to AUTHORIZE a non- ADOPTED 6-3 Y N A N N Y Y Y Y A N binding Term Sheet with YMCA re a Family Center /Competition Pool at Dam Neck/Landstown Roads 8 Ordinance to APPROPRIATE interest- ADOPTED, BY 9-0 Y Y A Y Y Y Y Y Y A Y free loan of $60,000 to Kempsville CONSENT Volunteer Rescue Squad re ambulance 9 Ordinance to AUTHORIZE acquisition ADOPTED, BY 9-0 Y Y A Y Y Y Y Y Y A Y of r-o-w/drainage easements, by CONSENT agreement or condemnation, for BEACH GARDEN PARK — KILBOURNE COURTMOLLY ROAD 10 Ordinances to AUTHORIZE ADOPTED, BY 9-0 Y Y A Y Y Y Y Y Y A Y encroachments: CONSENT a. TIMOTHY D. MOODY at Croatan Road and Virginia Dare Drive (DISTRICT 6 — BEACH) b. DENZIL/SUSAN POORE to at ADOPTED, BY 9-0 Y Y A Y Y Y Y Y Y A Y 2313 Leeward Shore Drive CONSENT (DISTRICT 5 — LYNNHAVEN) c. E.L. CREECH, III at 103 50" DEFERRED 9-0 Y Y A Y Y Y Y Y Y A Y Street (DISTRICT 5 — INDEFINITELY, LYNNHAVEN) BY CONSENT CITY OF VIRGINIA BEACH d. ROTB, L.C. at 615 Atlantic Avenue ADOPTED, BY 8-0 Y Y A Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS A Y (DISTRICT 6 — BEACH) CONSENT DATE: 6/14/2011 B B PAGE: 3 E D S S L E D H E T W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D d. ROTB, L.C. at 615 Atlantic Avenue ADOPTED, BY 8-0 Y Y A Y Y Y Y Y A A Y (DISTRICT 6 — BEACH) CONSENT B S T A I N E D 11 Ordinances to ACCEPT/ ADOPTED, BY 9-0 Y Y A Y Y Y Y Y Y A Y APPROPRIATE/TRANSFER: CONSENT a. $75,000 to the Clerk of the Circuit Court's electronic recording maintenance contract b. $152,000 from Criminal Justice to Police re potential terrorist acts C. $126,230 within CIP for Fire Training Center Phase III d. $13,000 from FYI 0-11 Libraries for renovations to Leroy Drive Records Storage facility ADDED Ordinances re Compensation effective ADOPTED, BY 9-0 Y Y A Y Y Y Y Y Y A 7/1/11: CONSENT City Manager City Attorney City Auditor City Assessor City Clerk L-1 OCEAN BREEZE HOLDINGS LLC at APPROVED AS 9-0 Y Y A Y Y Y Y Y Y A Y 849 General Booth Boulevard PROFFERED/ (DISTRICT 6 — BEACH) CONDITIONED, BY CONSENT a. Conditional COZ from P-1 to B-2 b. CUP re outdoor water park 2 EASY DOES IT RIDING ACADEMY, APPROVED/ 9-0 Y Y A Y Y Y Y Y Y A Y INC./MALINDA SCOTT CUP re CONDITIONED, riding academy/ horse boarding at 3581 BY CONSENT Muddy Creek Road (DISTRICT 7 — PRINCESS ANNE) 3 CITY to AMEND the CZO re notice to APPROVED, BY 9-0 Y Y A Y Y Y property owners of certain decisions CONSENT CITY OF VIRGINIA BEACH APPOINTMENTS: SUMMARY OF COUNCIL ACTIONS BAYFRONT ADVISORY COMMITTEE RESCHEDULED B Y C O N DATE: 6/14/2011 B N S U i COMMUNITY SERVICES BOARD PAGE: 4 E D S EASTERN VIRGINIA MEDICAL L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D M. APPOINTMENTS: BAYFRONT ADVISORY COMMITTEE RESCHEDULED B Y C O N S E N S U i COMMUNITY SERVICES BOARD EASTERN VIRGINIA MEDICAL SCHOOL HISTORICAL REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE TOWING ADVISORY BOARD ARTS and HUMANITIES Appointed 4 Year 9-0 Y Y A Y Y Y Y Y Y A Y COMMISSION Term 7/1/11 — 6/30/15 C. Cheyney Cole, Jr. Reappointed 4 Year Term 7/1/11 — 6/30/15) Rose P. Daria Brian A. Kirwin BEACHES and WATERWAYS Appointed 3 Year 9-0 Y Y A Y Y Y Y Y Y A `( COMMISSION Term 7/1/11 - 6/30/14 L. Arthur Jones Reappointed 3 Year Term 7/1/11 - 6/30/14 Kenneth D. Jobe BIKEWAYS and TRAILS ADVISORY Reappointed 3 Year 9-0 Y Y A Y Y Y Y Y Y A COMMITTEE Term 7/1/11 - 6/30/14 Bruce N. Doyle Eugene W. Hansen CHESAPEAKE BAY ALCOHOL Reappointed 3 Year 9-0 Y Y A Y Y Y Y Y Y A S' SAFETY ACTIONS PROGRAM Term 7/1/11 - 6/30/14 Chief James A. Cervera HAMPTON ROADS PLANNING Reappointed 2 Year 9-0 Y Y A Y Y Y Y Y Y A Y DISTRICT COMMISSION Term 7/1/11- 6/30/13 Robert M. Dyer Barbara M. Henley James K. Spore CITY OF VIRGINIA BEACH HUMAN RIGHTS COMMISSION Appointed 9-0 Y Y A Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS A Y Unexpired thru DATE: 6/14/2011 B 3/31/13 PAGE: 5 E D S Teresa Stanley L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M 1 O O O S H L R Y S S N N D NATIONAL NIGHT OUT OCTOBER 4, 2011 HUMAN RIGHTS COMMISSION Appointed 9-0 Y Y A Y Y Y Y Y Y A Y Unexpired thru 3/31/13 Teresa Stanley Appointed 3 Year Term 7/1/11 - 3/31/14 Michael Makela PROCESS IMPROVEMENT STEERING Appointed No Term 9-0 Y Y A Y Y Y Y Y Y A Y COMMITTEE Richard L. "Tuck" Bowie Wanda J. Cooper Daniel H. Brockwell Bill Brunke Brad D. Martin Barry C. Ezell David Browning Osmay Torres TIDEWATER COMMUNITY COLLEGE Reappointed 4 Year 9-0 Y Y A Y Y Y Y Y Y A Y BOARD Term 7/1/11 — 6/30/15 Thomas H. Wilson TRANSPORTATION DISTRICT Reappointed 2 Year 9-0 Y Y A Y Y Y Y Y Y A Y COMMISSION OF HAMPTON ROADS Term 7/1/11 — 6/30/13 Mark Schnaufer N Council Lady Bellitto expressed gratitude and gave a verbal farewell MIN/0 ADJOURNMENT 6:52 PUBLIC COMMENT 6 SPEAKERS 6:53 — 7:07pm NATIONAL NIGHT OUT OCTOBER 4, 2011