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Home My WebLink AboutJUNE 26, 2012 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR W/LLIAM D. SESSOMS, JR., At-Lnrge VICE MAYOR I.OU/S R. JONES, Bnvside - Dish-ict 4 GLENN R. DA VlS, Rose Ha[! - Distric! 3 W/LLIAMR. De.STEPH, At-Lnrge HARRY E. D!E'I.EL, Kenzpsville - District 2 ROBERT M. DYER, Centervi!le - Dish-ict 1 BARBARA M. HENLEY, Princess Aime - Dish-ict 7 JOHN D. MOSS, At-Lnrge JOHN E. (7HRIN, Beach - Dish-ict 6 ROSEMARY WILSON, At-Lnrge JAMES L. WOOD, Lviznhavett -District S CITY COUNCIL APPOiNTEES CITY MANAGER - JAMES K. SPORE CITYATTORNF;Y-MARKD. STlLES CITYASSESSOR - JERALD D. BANAGAN CITYAUD/TOR - LYNDON S. REMIAS C/TY CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 26 JUNE 2012 L CITY MANAGER'S BRIEFINGS -Conference Room- A. DEVELOPMENT AUTHORITY Recommendations for Use of ECONOMIC DEVELOPMENT SUPPLEMENTAL FUNDING Warren Harris, Director - Economic Development B. SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS Andrew Friedman, Director - Housing and Neighborhood Preservation C. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director - Finance II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room- A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL CITYHALL BUILDIN( 1401 COURTHOUSE DR16, VIRGINIA BEACH, VIRGlNIA 23456-800 PHONE:(757) 385-4.30 FAX (757) 385-566 E-MAIL: Ctycncl(j?a,vbAov.coi 4:00 PM 5:30 PM C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Rob Cosmas Pastor St. Michaels Lutheran Church C. PLEDGE OF ALLEGIANCE D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. 1NFORMAL and FORMAL SESSIONS G. MAYOR'S PRESENTATIONS 1. GENERAL ASSEMBLY RESOLUTIONS a. Resolution Commending NAS Oceana Senator Jeff McWaters b. Resolution in Memoriam to Honorable Glenn McClanan Delegate Sal Iaquinto 2. RESOLUTION HONORING Peter K. Mueller Executive Vice President, Stihl Incorporated H. FORMAL SESSION AGENDA 1. CONSENT AGENDA 1. PUBLIC HEARINGS 1. LEASE OF CITY-OWNED PROPERTY 200 North Oceana Boulevard 2. INSTALLMENT PURCHASE AGREEMENT (ARP) 3484 Charity Neck and 3489 Muddy Creek Roads June 12, 2012 11 PUBLIC COMMENT OCEANFRONT RESORT DISTRICT FORM-BASED CODE K. ORDINANCES/RESOLUTIONS Ordinances to AMEND the City Code: a. Section 16-41 re removal, storage and sale of certain unattended vehicles b. Section 5-524 re dangerous dog registration procedures APPROPRIATE $1,470 to the Police Department from Dangerous Dog Registration Fees in accordance with Virginia Code Section 3.2-6540(L), As Amended d. ADD Section 27-8 re territorial limits of the City's law enforcement jurisdiction e. REPEAL Sections 38-2 and 38-2.1 of the City Code re fees for concealed weapon permits 2. Ordinances to AUTHORIZE: a. Acquisition of Agricultural Land Preservation (ARP) Easements in the amount of $1,107,904 to Grandy Winston Henley and Henley Farm, L.P. at 3484 Charity Neck and 3489 Muddy Creek Roads b. The City Manager to EXECUTE a lease with Vetshouse, Incorporated at 200 North Oceana Boulevard c. The City Manager to EXECUTE a Police Mutual Aid Agreement with the Cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg and the Counties of James City, Accomack, Gloucester, Isle of Wight, Northampton, York and the Towns of Smithfield and Windsor d. Reimbursement of employee's legal fees and expenses incurred in the successful defense of a charge arising from the discharge of official duties e. Acquisition of 104 North Witchduck Road for Witchduck Road Phase II and other municipal purposes 3. Ordinance APPOINTING Viewers to serve one-year terms to view streets or alleys proposed to be closed 4 5 6 Ordinance to GRANT Emergency Medical Services (EMS) permits to operate in the City of Virginia Beach: a. Eagle Medical Transports b. Eastern Shore Ambulance Service c. American Lifeline Medical Transport d. Lifeline Ambulance Service e. Mid-Atlantic Regional Ambulance f. Children's Hospital of the King's Daughters g. Special Event Providers of Emergency Medicine h. Nightingale Regional Air Ambulance i. Stone Ambulance Service j. LifeEvac Virginialair Methods k. Medical Transport Ordinance to CONTINUE funding for the Master Deputy Program and Sheriff s Career Development Program Ordinances re the compensation and VRS adjustments of the City Manager, City Attorney, City Clerk, City Real Estate Assessor and City Auditor 7. Resolution to RE-ADOPT Design-Build And Construction Management procedures to reflect actions of the 2011 General Assembly and the revised Department of General Services (DGS) 8. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. Funds from the Fifth Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception and AUTHORIZE donations to MAS, Inc., The Global Studies and World Languages Academy at Tallwood High School and Friends of the Virginia Beach Library b. APPROPRIATE State revenues, TRANSFER funds and AUTHORIZE Deputy Sheriff positions in the Sheriff s FY 2012-13 Operating Budget c. TRANSFER funds within the FY2012-13 Economic Development Operating Budget and AUTHORIZE additional full-time positions L. PLANNING 1. Application of FRED NEELEY for a Conditional Use Permit (residential kennel) at 2732 Alameda Drive. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 2. Application of BASILEIA EMPOWERING MINISTRIES/GREGORY MEYERS far a Conditional Use Permit re child care at 1547 Amberley Forest Drive DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL Application of MADELINE F. BAILEY TRUST for a Conditional Use Permit re an automotive repair garage, transmission shop and existing automotive repair at 176- 180 Mac Street DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 4. Application of STIHL, INCORPORATED for a Conditional Use Permit to install a wind energy system at 536 Viking Drive DISTRICT 6 - BEACH RECOMMENDATION APPROVAL Application of JAMES KENNEDY VI/DAVID D. KENNEDY for a Conditional Use Permit re a home occupation - sale of firearms, gunsmithing, assembly, accurizing, parts and service at 3505 Byrne Brae Drive DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of REAL INVESTMENT ASSOCIATES, INC./WILLIAM HENRY SAWYER for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural to Conditional R-10 Residential re developing a single-family residential development at 2283 Princess Anne Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 7. Application of the CITY OF VIRGINIA BEACH for a Change of Zoning District Classification from R-7.5 Residential and H-1 Hotel to P-1 Preservation to construct a two-story facility with improvements to parking, circulation, stormwater and site amenities at Bow Creek Recreation Center, 3427 Club House Road DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL M. APPOINTMENTS ARTS and HUMANITIES COMMISSION BEACHES and WATERWAYS COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION TOWING ADVISORY BOARD THE SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT, INC. (STOP) TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS (HRT) N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL RETREAT Friday, August 3, 2012 Economic Development Conference Room CITY COUNCIL WORKSHOP AUGUST 7, 2012 CANCELLED City Council invites ALL citizens to participate in your NEIGHBORHOOD NATIONAL NIGHT OUT 2012 CITYHOLIDAYS Wednesday, July 4 Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day Agenda 06/26/2012 gw -1- VIRGINIA BEACH CITY COLINCIL Virginia Beach, Virginia June 26, 2012 Mayor William D. Sessoms, Jr. called to order the CITY MANAGER'S BRIEFING re DEVELOPMENT AUTHORITY Recommendations for Use of ECONOMIC DEVELOPEMNT SUPPLEMENTAL FUNDING, in the City Council Conference Room, Tuesday, June 26, 2012, at 4:00 P.M. Council Members Present: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent.• Glenn R. Davis (Attending event on behalf of City of Virginia Beach) June 26, 2012 -2- CITY MANA GER'S BRIEFING DEVELOPMENT AUTHORITY Recommendationsfor Use of ECONOMIC DEVELOPMENT SUPPLEMENTAL FUNDING 4:00 P.M. ITEM #61963 Mayor Sessoms introduced and welcomed Warren Harris, Director - Economic Development. Mr. Harris stated during the Budget process, Economic Development submitted over $800, 000 in unfunded programs. City Council directed Mr. Harris to prioritize the unfunded programs with the assistance of the Virginia Beach Development Authority (VBDA) and the City Council Liaisons to the VBDA. City Council approved $250, 000 for the unfunded programs; however, appropriations would depend on the DevelopmentAuthoriry's prioriry recommendations and City Council's acceptance. : Background Economic Development provided information on the unfunded items during the budget hearing process. ? Unfunded items totaled $808,822. ? City Council directed staff to prioritize the list with the assistance of the VBDA and City Council liaisons to the VBDA. * During the reconciliation process, City Council approved an additional $250,000 in funding for Economic Development. * The VBDA approved the prioritized unfunded items list at their May 15, 2012 meeting. The VBDA also agreed to fund the "Economic Gardening" unfunded item in the amount of $45,000 for one year. -3- CITY MANA GER'S BRIEFING DEVELOPMENT A UTHORITY Recommendations for Use of ECONOMIC DEVELOPMENT SUPPLEMENTAL FUNDING ITEM #61963(Continued) The VBDA approved the prioritized unfunded programs at theiY May 15, 2012, meeting which are described in detail in the slide below. VBDA Budget Prioritization ? Intematioml DevelopmentOffice ($87.929)- tts responsibilities indude reprezenting the Ciry through marketing and pu6lic relations services to promote and identify companies, zpecifically IT and high pertormance manufac[uring interested in growing operstions in the US. The offce would help identify new target markets in Europe, organize marketing and tade missions ro Europe, maintain close connec[ions with the headquarters of ezisting European companies opeating in Virginia Beach. This office most likely will be in Stuttgart, Germany. - BusineszDevelopmen[Representativell ($92,198) - This new FTE position supports the management and oversight of the APZ-1 program and will now be able to assume other 6usiness development responsibilities [o enhance the economic develo0ment progam. The gant funded position will he filled withjuniorlevel business developmen[ representative. = BusinessDevelopmen[Specialis[/BUSinessDevelopmentReprcsmGtivel($69,873)-Thisposi[ionwauld pravide the necessary research and marketing support for the City's business attraction and retention ptOgrams. ? EconomicGardening ($45,000) -T1ie HamFton Hoads Parfiership has enga(,+e[i th? Matienal ienter fur ccoriomic Gard?ning, hosted bV 1fie Ei{,Nard Loive Faunda:ion, to effer sp?cializ-d servi<es to eztaLii>lied; , gti-growth potentiai compan-ies. ihe [conomle Gardenine Progiam helps :.ompanies . cond stage hi idrntify new rnarkets, research industry Aevelopment anA maximize their use ot mcial medla and geegraphlwl resear<h using a team of businoss analysts whose ter,hni<a3 a,sistance is Pree m mmoanies fhat qual{py. The cozt of these szrvices Is $4,SOU per coenpany anti we wouiel target t?n Uirga 6?ach c mpanies for th-se mrntes [his coming year. June 26, 2012 -4- CITY MANA GER'S BRIEFING DEVELOPMENTAUTHORITYRecommendationsfor Use of ECONOMIC DEVELOPMENT SIIPPLEMENTAL FUNDING ITEM #61963(Continued) Mr. Harris stated the slide below represents the unfunded programs presented to, City Council during the Budget process. ° -• Attachment l ' EconomicDe'v?lopmentUnfundedltems- - •Ih ati-lDeveloPmentOffice($100,OWOrl6ilalestimahrevisedto$8]y29) 'tsr p ibilitiesincluderepreseming[heCkythrough n ,spe<ifically lT andhighpeRormanttmanufacturinginterestedin marketingandpubllcrelat f opro andidentifycompa l gro ingoperationsintheUS.TheoHice o,IdhelpfEentifynewtargetmarkeninEUrope,organ arketingandtrademissions[oEUrope, nclose pionswiththeheadquartersoteyiscingE.ropeancompaniesoperatinglnVirginaBeach.Thisofficemostlikelywillbein Stuttgart, Germany. •BUSiMU DevelopmeM RepreseMetive II ($86,9]3 original estimett rcNttd to $92.198: zelery $57,377, fringe beneNU $73,823, and support wsb51o,998) -This new RE pozition supportsthe management and wersighc of Ihe AFZ-1 progam and will now be ablem assume ocher '. business developmeM responsibili[iesio enhance [he economic developmen[ program. The grznf tunded position will be filled wi[h junior level business development represenbtive. •Busiriess Deaelopmertt SOttialisi ($]3,849 origirel esHmale revised to $69,873 for a eusiness Development RepresenGlire I: sel,ry $66,630, fOngebenefftsSl6,)O5, endsupportcostt 58,-) -This positionwould providethe necessary research anE marketingsuOPOh forthe Ci[y's business attraRion anJ retention programs. •EconomicGerJening($OS,OOU) - TheHamptonfloadsGartnershiphazengagedtheNatioI Centerfor.ECOnomcGardennghostedbythe EEwardLOweFaundation.tooHerspeculimdservices[oenablished,seconCSUge,high-growthpotentialrom0aniei.TheEmnomicGardening. Program helps companies identi(y newmarkets, research inEUAry development and maximize thelruse of wcial media and geographicalresearch usingateam of business analYrta hoietechniwl azsirtanre is free to wmpaniesthat qualify. The cart of these urvices Is $9,500 per wmpany andwewauldtarget nVirginia0eah ompaowsfortheseservrcesthrsmmmgyear. The Mayor thanked Mr. Harris and the entire Economic Development Team for a job well done. June 26, 2012 -5- CITY MANA GER'S BRIEFING SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS 4:25 P.M. ITEM #61964 Mayor Sessoms introduced AndYew Friedman, Director - Housing and Neighborhood Preservation. Mr. Friedman provided information regarding Spot Blight Abatement, specifically to homes in the Centerville and Kempsville Districts. -N? SP4T BLIGHT r'1BATEMENT CiiS° Counoii -Jttue 26. 20I2 ' ;ludeew F'r?a?lman, Director, Hout ig-ne3 tie ?hborLood ?. Yxe=a?rs?ai;3mi Frecd, (`odePnfor.?,.wene 3dtti nil[rator The slide below provides the definition as well as other important facts regarding Spot Blight Abatement: WHA7' IS SPOT BLICaHT :IPATF!.l'IE?tiT? .. The authority granted by the Commonwealth to localities that allows us to acquire or repair any individual property designated as "blighted" by exercise of eminent domain. "Spot" blight means that the authority applies to only one location, rather than an area. Allows the city to hold, clear, repair, manage, or dispose of such property to eliminate blight; and to recover all costs associated with such action from the owner(s) This is the highest level of municipal code enforcement and is only used as a last resort to obtain compliance. Council adopted this authority in September, 2000. ? DHNP has asked, and Council has approved, use of yt:??, this authority only twice since it was adopted. ,?? -6- CITY MANA GER'S BRIEFING SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS ITEM #61964(Continued) WHAT C,o-Xs-rlTtT 1ES a"BL1<,HsEv P ROPt:RTY?„ - Per City Code Section 16-39(b) "Blighted Property" means any individual commercial, industrial, or residential structure or improvement that endangers the public's health, safety, or welfare because the structure or improvement upon the property is dilapidated, deteriorated, or violates minimum health and safety standards The slide below provides the details of today's briefing: F'L'RP{)SE OF l'OD:1l''S IsIln.EFi'ti(; To provide information to Council about two properties that staff believes are appropriate for the exercise of the spot blight authority. Council direction is sought, for each property, on two issues: m One - does the property meet the criteria under the code for the exercise of this authority? - Two - if so, CounciPs direction on the preferred action alternative is sought. Upon Council direction, the appropriate action items will be prepared for consideration at the July _ 10 Council meeting (unless no action is desired). ti?,?? June 26, 2012 -7- CITY MANA GER'S BRIEFING SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS ITEM #61964(Continued) The first properry is located in the Kempsville District. MIRaryN ?,?„„e*'..: ?' P tl cePd ?*., • >,-,'E40Idh.f R ?.,?w? „y33 ARp? ? June 26, 2012 -8- CITY MANA GER'S BRIEFING SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS ITEM #61964(Continued) This home has been vacant for 17 years and was condemned in 2004. More specific information is prvvided in this slide: PRoYERTY I'NFo & CAsE MsircN,Y - Located in Queen City ° Was condemned in off Providence Rd by 2004 for being an Military Hwy open/vacant nuisance : Owner resides in FL 45 notices of violation Two dilapidated have been issued structures on the Owner is non- property responsive despite Vacant for over 17 court convictions and years fines June 26, 2012 -9- CITY MANA GER'S BRIEFING SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS ITEM #61964(Continued) June 26, 2012 -10- CITYMANAGER'S BRIEFING SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS ITEM #61964(Continued) June 26, 2012 -11- CITY MANA GER'S BRIEFING SPOT BLIGHT - CENTERVILLE aiid KEMPSVILLE DISTRICTS ITEM #61964(Continued) This slide provides considerations for City Council: CO:ti SII)E Ii,<1'1`IC)NS The property is in a state of disrepair with incomplete construction (front porch) ; The accessory structure is fire damaged and gutted inside Has been a blight on this community for many years ? Staff has attempted to work with the property owner to bring the property into compliance c_ Court action and fines have not been effective Appraised value of the property in its current state is far less than the estimated cost of the necessary repairs June 26, 2012 -12- CITY MANA GER'S BRIEFING SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS ITEM #61964(Continued) City Council has two options which are more specifically outlined in these slides: DisPc>slTlOIN OPTION 1- Ac(?trlREAND P E;;EL11 Acquire the property through eminent domain Declare it to be excess property and offer it for sale Require the purchaser to either repair the structures and to restore the units back to a habitable condition; or to demolish the structures and rebuild new housing units. Y The property could be owner occupied or resold without restriction for either owner occupancy or rental. Results of Action under Option 1 k i ? ? ?,?#.?..? ..?.._?.?;?}. ?. :_ Public, then Fully Occupied Highest cost option; risk of notprivateagain repairedor aftet tecoveringcosts;longesttime . rebuilt aher completion frame and most staff time completion of process involved ofprocess ..cOsrrs FOR oPTloN 1- AcQviziE Avv RESELL Item Amount Explanation . Advertising, legal, appraieal $2.000 Title ueacch, appraiNal, ete. and holding coFLe . Acquisition $40.000 Appraisedvalueineurrentcondition Conl.ingencyf runanticipalcd $2.600 Additfonalrepaireasneededand/oc expenaee abatemen6 costs Lienn due 8165 Outxtanding lione againet the propert.y Total Project Cost $ 44,955 Net project we6 afLer lien repayment 444.500 Net project cost after Pror.eedK from Lhe sale will 6e re[urned resale (unknown) t4 the gencrnl fund. ? June 26, 2012 -13- CITYMANAGER'S BRIEFING SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS ITEM #61964(Continued) I)[sPOSrTlON OF>'Isio, `? - DEMOLITrON In lieu of acquisition, City Council may declare a blighted property to constitute a nuisance and abate the nuisance in accordance with state and local regulations A lien will be placed against the property to recover the costs Results of Action under Option 2 T i? c ?? ? R ? ? .:,. Private Demolished Vacant Lot Lowest cost option; costs more likely to be recovered; short time frame and minimal staff time involved C4OST FOR OP'PI():ti 2- I)Id1MC}I.1'I'ION Item ? Amount - Eaplanatio¢ Advertising, legal, and $ 2A00 Title search, apprairal. etc. appraisalcoq6e EsLimated demoGtion coels $12A00 Contingencyfor $2.600 Additionalabatementand - unanticipated expenaee demolition asnesement oocte Total Project Cost $ 16,500 . June 26, 2012 -14- CITY MANA GER'S BRIEFING SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS ITEM #61964(Continued) Staff recommends demolition of this property: STAFIa REC01V11L1:XI)ATT()?ti - DEM0I:.d'I'i0N Approve an ordinance declaring the blighted property a nuisance Authorize a transfer of $16,955 to the DHNP operating budget to carry out the demolition ; Upon Council direction, staff will prepare the necessary ordinances for Council action on July 10, 2012 The second property is located in the Centerville District. June 26, 2012 -15- CITY MANA GER'S BRIEFING SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS ITEM #61964(Continued) This home has been vacant for 1.5 years. It is the City's information that the house has been foreclosed and was condemned on January 18, 2012. More specific information is provided in this slide: PFtC>PEhTY INFO & C'ASE I-IISTC)RY ? Located in Charlestown Lakes off Kempsville Rd by Centerville Tpke ?. Vacant for 1.5 years The property has been foreclosed on = Bank of America refuses to make any exterior repairs Community is highly concerned : Structure was condemned on 1/18/12 Exterior siding and roofing is in disrepair : Interior is uninhabitable - Interior surfaces and fixtures have been destroyed June 26, 2012 -16- CI7'YMANAGER'S BRIEFING SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS ITEM #61964(Continued) June 26, 2012 -17- CITYMANAGER'S BRIEFING SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS ITEM #61964(Continued) June 26, 2012 -18- CITYMANAGER'S BRIEFING SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS ITEM #61964(Continued) This slide provides considerations for Ciry Counci:. Ct)I` SIDEI;:ATT 4_} N4 The property is in a state of disrepair and is uninhabitable The property has been foreclosed on and the bank will not respond to requests to have the exterior repaired Court action against the prior owner was ineffective : Ongoing concerns from the community F_? I I .Iune 26, 2012 -19- CITY MANAGER'S BRIEFING SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS ITEM #61964(Continued) DlSPOs[rrIoN OYT10N 1- R???????? ?NL1 The city would contract for exterior repairs to alleviate the blighting influence on the community Results of Action Under Option 1 ,?? ? ? ?t? ;????? ?e,'?!.??. Private Eaterior Vacantuntil? Possibilityofmultiplerepairsor repaired ownertakes vandalism; lowest cost option to action start; costs likely W be recovered 5? I Cc>sTFOI, C}Pz'IC>1 1 - Rr?????IR ONLY. Item Amount Exp anation AdverLieine, legal, apprairal croaLt $2.000 Tide search, appraisal, etc. Eetimated one-time repair croe6 46.000 Siding, roofing. and misc. exterior repairr Contingene}* for unanticipated S2.500 Poscible repeat, cepairs expenwe . Total Project Cost $10,500 J June 26, 2012 -20- CITY MANA GER'S BRIEFING SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS ITEM #61964(Continued) I}zSPOsIzloN QPTIoN 2 _REPAria, Ac;QuIRE, REsEFJ, Immediately upon CounciPs finding that the property is blighted, we would seek bids to have the property exterior repaired Acquire the property through eminent domain Declare it to be excess property and offer it for sale Purchaser would be required to either repair the structure and to restore the unit back to a habitable condition; or to demolish the structure and rebuild a new housing unit < The property could be owner occupied or resald without restriction for either owner occupancy or rental Results of Action Under Option 2 -1 ?s - u.2??? Public, then Fully Occupied Highest cost option risk of not privateagain repairedor after recovering costs; longest time rebuilt after completion frame and most staff time completion of process involved . . ofprocess Cosrs Falt OPlsloN2 - REPAIx, ac-;QUfIZE, t,Nv REsElsL Item Amount Explanation Advertising, legal, appraisal $'2.000 TiUe eearch, appraieal. etc. . andholdingcosts . Exlerior repair roets $ 6.000 Siding, rooCing, ehed removal, and miec. exlerior rcpaire Ac4uisition $148.000 Appraieed value in eurrentcondition Conlingencyforunanticipate<l $ 2,600 Additionalrepaireasncededand/or expenscs abatement. coeLe l,ienc due $ 1.107 OuLatanding liene ngainFl. the property Total Project Cost $159,607 Nel Project Coal due In licn Pmt $In8.:i00 N'crepayourownlien Net Project Cost after resale Dependson achial amoun6of snle to Unknown buyer S June 26, 2012 -z 1- CITYMANAGER'S BRIEFING SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS ITEM #61964(Continued) D1SP(}:7tT1ON OPTION iJ ' LJEMOLITlO:t In lieu of acquisition, City Council may declare a blighted property to constitute a nuisance and abate the nuisance in accordance with state and local regulations A lien will be placed against the property to recover the costs Results of Action under Option 3 `? ? a ' W ? Oir?WNu-?? Private Demolished Vacant Lot Lowest cost option; costs more . likely to be recovered; short time frame and minimal staff time iuvolved -1 CosT Far, OPTIoN3- DEMoLtTIoN ? Item Amount Esplanat?on Adveriiaing, legal, appraical and $ 2,000 TSUe uearch, appraieal, etc. holding rocte H;etimatedJemolitioncoet $10.000 Oontingenryfor unan6icipated $'2.500 Additional abatement and demoliGion expensee aucessment. cosLF . Total Project Cost $14,500 June 26, 2012 -zz- CITYMANAGER'S BRIEFING SPOT BLIGHT - CENTERVILLE aizd KEMPSVILLE DISTRICTS ITEM #61964(Continued) Staff recommends demolition of this property.• SrcaFF RECc3Mti1ENz> ATION` DEMt}T,IrcIaN ?. Approve an ordinance declaring the blighted property a nuisance Authorize a transfer of $14,500 to the DHNP I operating budget to carry out the demolition Upon Council direction, staff will prepare the necessary ordinances for Council action on July 10, 2012 ? June 26, 2012 -23- CITY MANA GER'S BRIEFING SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS ITEM #61964(Continued) As of June 25, 2012, Bank of America took action to bring the exterior of the home into compliance. However, there are several citizen concerns regarding the property. With City Council 's support, Mayor Sessoms will contact Bank of America to discuss the status of this home and report back to City Council on July 3, 2012. June 26, 2012 -24- CITY MANA GER'S BRIEFING INTERIM FINANCIAL STATEMENT 4:49 P.M. ITEM #61965 Mayor Sessoms, called to order the CITY MANAGER'S BRIEFING, for the INTERIM FINANCIAL STATEMENT. City Manager James Spore introduced Patricia Phillips, Director of Finance. June 26, 2012 -25- CITY MANA GER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61965(Continued) The General Fund has budgeted Revenue for the Fiscal Year 2012 of $951.9-Million and Expenditures of $1,005.4-Billion. Collected to date, the Revenues are $7662-Million and Expenditures are $909.3- Million. ` FY 2022 General Fund Revenues and Expenditures Compared tcz Budget Thru May 32, 2012 {in miflians} Bu et Actaal Variance Revenues Local (80.6%ofbudget) $ 767.7 $ 654.7 $(113.0) State (17.1 % ofbudset) 162.4 933 (69.1) Federal ( 23 % ofbudget) 31.8 182 (3.6) TotalRevenues 951 S 766•2 Sl185.71 Expenditure s City Operations $ 6359 $ 570.4 $ 653 SchoolOperations 369.7 338.9 30.8 TotalExpenditures $1,005.4 $ 909.3 $ 96.1 l,ess Amounts Funded from Fund Balance Encumbrances/Cazryfonvuds at 6/30/I 1 $ 9.4 Ciry Capital Projects 26.4 City Operating Budget 6.2 Transferto School Reserve Fund 11.5 Adjusted Expendkures $ 951.9 Revenues do not come in equally. Revenues are at 80.5% of the estimated Revenues Budget. . -'_" - _ .. ... . .:::_ ., ..su.. ? FY 2012 Year-TQ-[late General Fund Revenues Compared to Historic Trend at May 31x 2012 - 100% rf eoas - YTDACTUAL=$766ZM ? ? 7x.u•r. 9M ANNUAL BUDGET= $951 _ . :fi.7°io 599% d 60Mo Z 511.2 / 58A'/o 41.9 54$°/. E' 42.7°io 48P% ? aoye - 44./ % {... .. .__. .__ __ . _. a 1.7i d 26.7°6 201% 30% 14b% 4".o 8.3% 13b% 4 . i 1.7°% y.l % X3.7 % o% lul Aug Sep Oc[ Nw Dec ]an Feb Mar AOr MaY Jun ........-w-ite.lrend... -%.fl'YI2?l3uJM - a Jurie 26, 2012 -26- CITYMANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61965(Continued) General Fund Revenuesthrei May 150% $1.200 E1,070.8 E7,043.7 - $974.7 5951.9 125Y. ??., $1,000 F_ . . c 3e0o $7568 ... $7725 E757.2 E7882 .. 100% N ? 77.7% 805% 74.0% ' ]5Y i i feo0 a 70.7% . . ......?:.. 50% . . . zs i SzoO ? ?, o% $o FY20119 FY2010 FY31111 FY2012 ? l i ?ACtualTM1ru May opnnualBUtlpet ?% otTOtal ' One of the most significant Revenues for the City is Real Estate and the City is at 87.8% of collections. .: .... : ` Fteal Estate Revenues - Generai Fund Pcrtion Qnty May 31, 2008 - 2012 $49;.0 $SOO $479.1 j465.8 BUDGET $435.4 $427.8 1z5% $384.8 $400 ? ? $3752 $370.6 o ?u.b 5332.8 86.2°l0 67.8%. 84.7°ro a = $300 f ? ia ? ? S9,bk:. e ]5Y. o u i $zoo sox ? rc K $ioa ? . ? zsq o% $0 FY 2008 FY 2009 FY 2010 FY 2011 FY 2013 ?AC1ualCOllectione OYTO ??%otTO?al 'Total Cirywide Budget of $4603M , June 26, 2012 -z7- CITYMANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61965(Continued) General Sales Tar is up by 3.6%from last year at this time. 53.3°i 84 .0"1 $3.3 0 83:1:^ ? B4:29 - h ]5% V m $30 . . . .4 > ? I S15 I { 25% I I Ok $o 2009 FY2010 FY20>> -W FV2008 1 I ?ACtualCoNec?ionc ott0 ?%ofTOlel ? June 26, 2012 -28- CITYMANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61965(Continued) June 26, 2012 -29- CITY MANA GER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61965(Continued) The City continues to do well with this tax which is a good sign that the Resort Area and hotels are doing well overall. t? .__.. ?._ 4otel Ftoom Taxes - Genecat Eund Portian Qnty May 3i+ 2008 - 2012 -___ __-___ _ 150% 09Y.UpiromFYtt BUDGET j $6 E5.5 55,5 "'. $SA $5.2 552 S5.1 $5.1 ! t2s% '.. SS {4A .... $4.8 .. .54.7 .... . ' ?? - 100% e 81.5 ? :92.2 0 91.3 91.5 92.b o .. 0 0 3< ? H ]5% V ? $3 0 K 60% X $1 25% $t $0 0% FY2008 FV2008 FY2070 FV2011 FV2012 ?ACtualColkctions DY?D %olTOtal June 26, 2012 -30- CITYMANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61965(Continued) ? ?, .. Hate1 Room Taxes 8% Attacatio (iR miltions) Total Hotel Room Tax FP12 Budget =$25.1M I CBD 17F receives $501 fmmGF?$222K)and'... (., WGF2% ¦ CBD TIF ¦TAP 1%/$1 ?TIPS% SB $7 n Tax = 8% plus $1 mom nights SD has au aAditional 2%% tax 14 June 26, 2012 -31- CITY MANA GER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #6I965(Continued) The Ciry continues to do well with this tax and fully expects to make Budget. June 26, 2012 -32- CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61965(Continued) Restaurant Meat Taxes 5 Yz,% A(lacation (in miflions} Total Restaurant Meal Tax FY12 Budget= $51.8M ¦ GF 3.5% ¦ TAP 0.5 % o TIP 1.06 % sOS0.44% 777 .. .. . y? E Fund ReYenues Summarx of CitY's Genera May 31, 2012 (in mitlions) :. E']2012.YTD . . Badget $ ' % Trend * Real Fstate Taxes $ 421.8 $ 370.4 87.8 % A Pe=sonal Property Taxes 703 47.5 67.5 F ? Pers.Prop.TaxReliefAct 53.4 6.5 122 A Generel Sales Tax 53.0 44.6 842 F ? Utilrty Taxes 25.5 213 83.5 U ? Telecormvnications Taxes 20.2 153 76.1 A ? Business Licenses 41.3 40J 98.4 F * Hotel Taxes 5.5 i 1 92.6 F Restaurant Taxes 32.9 30.9 93.7 F Charges for Sernces 472 352 74.4 F ? Other Local Revenues 50.0 43.8 87.7 F * State Revenues 109.0 86.7 79.5 F ? * Federa.l Revenues 21.8 18.2 83.4 U $ 951.9 $ 766Z SOS % F * GF porHon ouly F=Fawrable A=Accep[ade l?UufawraMe ix June 26, 2012 -33- CITY MANA GER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #6I965(Continued) ?- . . ? EY 2012 Year-To-Date General Fund Expenditures fompared to Historic Trend at tVtay 31, 2012 100% ---- .?' , .? YTD ACTUAL = $909.3M - ? y0.a? ao% _ o ANNUAL BUDGET = $1,005.4M _ 7s.o cx.o ° 60% , 611.1% 40^h i . _ ? _.. .. _ ._. __ _. 3 . 28.2% 20% _ _ __ _ I%.9°6 7ul Auy Sep OQ Nov Dec 7an Feb Mar Apr May ]un -PendiNreTlend - ofPY12 Gnp 9adFH.. .... ' ? June 26, 2012 -34- CITY MANA GER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61965(Continued) =1Y 2012 YTt? Genera) Fund Revenues & Expenditures Gompared ta Historic Trend at May 31, 2012 200% ACTUALREVENUES=$766ZM sow ? szx°„ ;x.n9s ACTUAL EXPENDITURES= $909.3M _. ?; ?? , : 59.9• . 60% --6.I°Jf SRAY6 ?r SU • 54.5% W .. _.,! ?23°%459• 7F.R°?o . ? ",3pe42 % 44.7% ` 2821& 26.7° '-A.n°.; 20% 14.6% I 75 ° 1.7 % T.. N3° lab"i? Y.fl w G.4 % I % I 0% - 7y1 Aug 'eSep OR Mov Dec ]an Feb Mar Apr May Jun L..?peyT-d t%nfFVl2Rev?dgel -p-diNreTrand -?r%o(PV'12C?RUdget ?I The City has spent 90.4% of appropriations to- date. ___..?... General Fund FY 2012 Ecpenditures ? Total at May 31, 2012: • $9093M, or 90.4%, of $1,005.4M Budget ? Summary ofActual Expenditures Under Budget at June 30: {in millions) T`?tat ' °fo of Total $udgeY Ci#y blo vf Ciry BudgCt 5ckools ' 8 Actual) F2-1(0) (O) $55 5 5.1°u b20.2 2.8% S35.3 , ) Actual) ?39.6 3.5°0 $247 32% $14.9 Actual) $453 $27.6 3.6°io $17.7 2011 (Actual) $32.1 3.1°io S22.4 3.2% 59J June 26, 2012 -35- CITY MANA GER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61965(Continued) General Fund Expenditures Next Steps - ,_ * Continue to monitor revenues in FY 12 • Real Estate- June due date • Personal Property- June due date * Closeout of financial statements FY12 -Aug 15t' ? Unaudited financial statements FY12 - Oct 9t" ? Audited CAFR FY 12 - Dec ll rn „ The Mayor thanked Ms. Phillips and her entire team for their work. June 26, 2012 -36- CITY COUNCIL COMMENTS S:OS P.M. ITEM #61966 Coicncilman Dyer advised a Forum discussing District Voting is scheduled for tomorrow, June 27, 2012, at Regent University - Robertson Hall. Councilman Dyer encouraged Ciry Council Members and citizens to attend. ITEM #61967 Councilman DeSteph attended the Law Enforcement Memorial Dedication this past weekend and it was well attended. No City funds were used. The Virginia Beach Law Enforcement Foundation and various donors raised more than $700,000. The Sculptor, Paul DiParquale was in attendance along with more than eighty (80) family.members of the fourteen (14) Officers memorialized. ITEM #61968 Councilman Moss stated during the Budget process he inquired about the tuition reimbursement which had zero funding and he would like to know how that is being addressed foY employees that are pursuing their education. Councilman Moss attended a Deferred Compensation meeting on June 200 with emphasis on educating employees on the importance of making investments. There is discussion on shifting from a"Lifestyle Fund" to an "Age Retirement Fund". Participating rate is pretty high but the group is working hard at getting that participation rate up. June 26, 2012 -37- AGENDA REVIEW SESSION S: 09 P.M. ITEM #61969 BY CONSENSUS, the following shall compose the CONSENT AGENDA: I. ORDINANCES/RESOL UTIONS 1. Ordinances to AMEND the City Code: a. Section 16-41 re removal, storage and sale of certain unattended vehicles b. Section 5-524 re dangerous dog registration procedures c. APPROPRIATE $1, 470 to the Police Department from Dangerous Dog RegistYation Fees in accordance with Virginia Code Section 3.2-6540(L), As Amended d. ADD Section 27-8 re territorial limits of the City's law enforcement jurisdiction e. REPEAL Sections 38-2 and 38-2.1 of the City Code re fees for concealed weapon permits 2. Ordinances to AUTHORIZE: a. Acquisition of Ag-ricultural Land Preservation (ARP) Easements in the amount of $1,107,904 to Grandy Winston Henley and Henley Farm, L.P. at 3484 Charity Neck and 3489 Muddy Creek Roads b. The City Manager to EXECUTE a lease with Yetshouse, Incorporated at 200 North Oceana Boulevard c. The Ciry Manager to EXECUTE a Police Mutual Aid Agreement with the Cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg and the Counties of James City, Accomack, Gloucester, Isle of Wight, Northampton, York and the Towns of Smithfield and Windsor d. Reimbursement of employee's legal fees and expenses incurred in the successful defense of a charge arising from the discharge of official duties e. Acquisition of 104 North Witchduck Road for Witchduck Road Phase II and other municipal purposes 3. Ordinance APPOINTING Viewers to serve one year terms to view streets oY alleys proposed to be closed .Iune 26, 2012 -38- AGENDA REVIEW SESSION ITEM #61969(Continued) 4. Ordinance to GRANT Emergency Medical Services (EMS) permits to operate in the City of Virginia Beach: a. Eagle Medical Transports b. Eastern Shore Ambulance Service c. American Lifeline Medical Transport d. Lifeline Ambulance Service e. Mid-Atlantic Regional Ambulance f. Children's Hospital of the King's Daughters g. Special Event Providers of Emergency Medicine h. Nightingale Regional Air Ambulance i. Stone Ambulance Service j. LifeEvac Virginia/air Methods k. Medical Transport 5. Ordinance to CONTINUE funding for the Mastef• Deputy Program and Sheriff's Career Development Program 6. Ordinances re the compensation and VRS adjustments of the City Manager, City Attorney, City Clerk, City Real Estate Assessor and City Auditor 7. Resolution to RE ADOPT Design-Build And Construction Management procedures to reflect actions of the 2011 General Assembly and the revised Department of General Services (DGS) 8. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. Funds from the Fifth Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception and AUTHORIZE donations to MAS, Inc., The Global Studies and World Languages Academy at Tallwood High School and Friends of the Virginia Beach Library b. APPROPRIATE State revenues, TRANSFER funds and AUTHORIZE Deputy Sheriffpositions in theSheriffsFY2012-13 OperatingBudget c. TRANSFER funds within the FY2012-13 Economic Development Operating Budget and AUTHORIZE additional full-time positions Item #2(a) will be considered separately as there are speakers registered. Item #2(d) will be considered separately. Item #8(c) will be considered separately. Juize 26, 2012 -39- AGENDA REVIEW SESSION ITEM #61970 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: J. PLANNING Application of FRED NEELEY for a Conditional Use Permit (residential kennel) at 2732 Alameda Drive (DISTRICT 7- PRINCESS ANNE) 2. Application of BASILEIA EMPOWERING MINISTRIES/GREGORY MEYERS for a Conditional Use Permit re child care at 1547 Amberley Forest Drive (DISTRICT 2 - KEMPSVILLE) 3. Application of MADELINE F. BAILEY TRUST for a Conditional Use Permit re an automotive repair garage, transmission shop and existing automotive repair at 176-180 Mac Street (DISTRICT 4- BAYSIDE) 4. Application of STIHL, INCORPORATED for a Conditional Use Permit to install a wind energy system at 536 Viking Drive (DISTRICT 6- BEACH) 5. Application of JAMES KENNEDY VI/DAVID D. KENNEDY for a Conditional Use Permit re a home occupation - sale of firearms, gunsmithing, assembly, accurizing, parts and service at 3505 Byrne Brae Drive (DISTRICT 2- KEMPSVILLE) 6 Application of REAL INVESTMENT ASSOCIATES, WC./WILLIAM HENRY SAWYER for a Chanjze of ZoninQ District Classification from AG-1 and AG-2 Agricultural to Conditional R-IO Residential re developing a single family residential development at 2283 Princess Anne Road (DISTRICT 7- PRINCESS ANNE) Application of the CITY OF VIRGINIA BEACH for a Chanjz-e of ZoninQ District Classi acation from R-7.5 Residential and H-1 Hotel to P-1 Preservation to construct a trvo-story faciliry with improvements to parking, circulation, stormwater and site amenities at Bow Creek Recreation CenteY, 3427 Club House Road (DISTRICT 3- ROSE HALL) Council Lady Henley will vote a verbal NAY on Item #5 Councilmen DeSteph and Moss will vote a verbal NAY on Ite?n #7 June 26, 2012 -40- ITEM#61971 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of, or inter-views of prospective candidates for employment, assignment, appointment, promotion, perfoYmance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3 711 (A)(3). Acquisition/Disposition of City Property: Beach District LEGAL MATTERS: Consultation with legal counsel and briefings by staff inembers or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3 711 (A)(7). Inena Tatem, as Administrator of the Estate of Michael Marmon Knockett v. Heather M. Boyd, et als. June 26, 2012 -41- ITEM# 61971 (Contiizued) Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at S: 25 P.M. Voting: 10-0 Council Members Yoting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: Glenn R. Davis (Closed Session: 5:24 P.M. - 5:52 P.M.) June 26, 2012 -42- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL June 26, 2012 6: 00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, Ciry Hall, on Tuesday, June 26, 2012, at 6: 00 P.M. Council Members Present: Glenn R. Davis, William R. Dyer, Barbara M. Henley, Mayor William D. Sessoms James L. Wood Council Members Absent: None "Bill " DeSteph, Harry E. Diezel, Robert M. Vice Mayor Louis R. Jones, John D. Moss, , Jr., John E. Uhrin, Rosemary Wilson and INVOCATION: Reverend Chris Bowen Pastor St. Michael Lutheran Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might aYise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the Act"), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a"personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms ' letter of March 24, 2009, is hereby made a part of the record. June 26, 2012 -43- Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial ) purchased Resource Bank. On MaYCh 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the Yecord. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Dixon Hughes Goodman and is directly and indirectly involved in many of Dixon Hughes Goodman's transactions. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letteY and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual orpotential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of.Ianuary 10, 2012, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given yeaY, Prudential has an interest in numerous matteYS in which she is not personally involved and of which she does not have personal knowledge. In ordeY to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be Yecorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of.7anuary 27, 2004, is hereby made a part of the record. June 26, 2012 -44- Itein -V-E CERTIFICATION ITEM #61972 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. Only public business rnatters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Yoting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Poting Nay: None Council Members Absent: None Council Members Abstaining. Glenn R. Davis June 26, 2012 R E S 0 L U T 10 N CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recarded in ITEM #61971 Page 40, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of V irginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting reyuirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach CiTy Council. Ruth Hodges Fraser, MMC City Clerk June 26, 2012 -45- Item -V-F.1 MINUTES ITEM #61973 Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of June 12, 2012. Voting: 10-0 Council MembeYS Voting Aye: Glenn R. Davis, William R"Bill " DeSteph, Harry E. Diezel, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Council Members Absent: Robert M. Dyer (Stepped Out) June 26, 2012 -46- Item -V-G.Ia16 MAYOR'S PRESENTATION ITEM #61974 1. GENERAL ASSEMBLYRESOLUTIONS a. Resolution Commending NAS Oceana Senator Jeff McWaters Mayor Sessoms introduced and welcomed Senator Jeff McWaters, as well as House of Representative Members Bob Purkey, Sal Iaquinto and Barry Knight. Senator McWaters presented Senate Joint Resolution No. 5009, Commending Naval Air Station Oceana to Captain Robert N. Geis, Commanding Officer. Naval Air Station Oceana was selected as the "2010 Active Base Community Of The Year" by the Defense Communities, for its community partnership with the City of Virginia Beach by enhancing the military value and overall economic development of the community by abating encroachments surrounding Oceana. Senator McWaters further commended Captain Geis in his leadership with the City to avoid personal injury in the air crash and resulting fire on Good Friday 2012 at Mayfair Mews Apartments. Captain Geis thanked Senator McWaters, as well as Mayor Sessoms and City Council for all of the support to Naval Air Station Oceana. b. Resolution in Memoriam to Honorable Glenn McClanan Delegate Sal Iaquinto Delegate Iaquinto presented House Joint Resolution No. 454, Celebrating the life of the Honorable Glenn Brooks McClanan, Sr., as an expression of the General Assembly's abiding respect for his memory. The Honorable Glen Brooks McClanan passed away on January 26, 2012. Mr. McClanan began his public service to the Commonwealth in 1872 and represented all or parts of the City of ViYginia Beach for nearly two decades with great integrity and pride. Ruth Hodges Fraser, MMC, Ciry Clerk accepted the Resolution on behalf of Reba McClanan and the entire family. June 26, 2012 ':; \?z 4-g? SENATE OF VIRGINIA ,$ENAZ'E 70IN7RESOL `Z17I0 NN0. 5009 Commending Nava(AirStation Oceana. Patrons-McWaters, Bfac? Blevins, Carrico, Locke, Lucas, Martin, McDougle, Miller, 7.C., Mi!ler, YB., Newmun, Norment, Northam, Odens(iain, R,eeves, Ruff, Smith, StanCey, Stuart, NogelanrlWagner; Delegates: Cosgrove, Iaquinto, KniBFit, Mom.s, Stolfe, 7ata and Viflanueva Agreed to 6y the Senate, Apri[17, 2012 Agreed to dy the House of De4ates, May 14, 2012 `IM`J-lE.R,EAS, TCava(Air Station Oceana was selected as the 2010Active Base Community of the }'ear 6y the Association of Defense Communities and 7&EREq,S, the Association of Defense Communities Fianared Navaf Air Statian Oceanu (NA,5 Oceann) for its community pamierskip with the City of Nirginia Beach, wkicFi hn.s enFcanced the military vafue anrloveraffecanamic devefopment of the community; and ?W`?fEREA,S, NAS Oceana partnered witFi the City of Nirginia Beack to take activn shartlz? after the relense of a report in Septemder 2005 dy the Defense Base Rea!'?gnment and CCasure Commissinn that canditioned the ongoing missian of NAS Oceana as the Ecrst Coast Master7et Base upan efforts of state and localgavernments to stop aruf roCldackencroackment surrounrling NA,S Oceana; and IYt?`"XERE,S, NAS Oceana worked witk the City of Virginin Beach ns the lacalgovernment took decisive action to stop and roff dack encroachment, including rezoning tens of tFcousands of acres af land, proFziditing new incompatidle rfevelapment, and aajuiring Cund in the area; and 'GV?3lEREAS, NAS Oceana plnys a pivotalrale in the Hampton R,oa?fs econamy, as nearly 46 percent of the area's annuaf output ofgoorfs and services relies on defense activity; and `YtaXEREIS, the Ztnited States Navy's presence and the navaf personnel stationerf at NA,S Ocenna, tFteir spouses and ckildren, as welf as Navy retirees wFw serued at NA,S Oceana, are a source of pride for and part of the fa6ric of the City of Virginia Beack; and `iMHE.REA5, NA,S Oceana and the City of Virginia BeacFi cantinue to work closely tagetFier witFi a three-pronged approarl of land'use cantro(s, a property acquisition program, aruf rolC6ackincentives to ensure t6?e continuerf vitafity af NAS Oceana anrf its con.±:ni;ea value to the area and nation as the East Coast Masteryet Base; now, tFierefore, de it RESOL'L'ED dy the Senate, the House of DeCeBates concumng, 2Fiat the GeneralAssem6Cy heredy cammenrf NavaCAir Statian Oceana on its seleciwn as the 2010 Active Base Community of the }''ear 6J the A.ssociation of Deferue Cammunities; aruf, 6e it RESOLV-PD FZI-RZ*XER gTiat the Clerk af the Senate prepare a copy of tFeis resofutian for presentation to Nava.(Air Statian Oceana as an eypression of the GeneralAssemdfy's congratulafions and apyreciation for the dase's cantri6utions to the cammunity and Commonweaftk. ? G1.srzn ('f1Jrke Crtinnr I O1? ???RG1[NllA ('aENE???L A??EMBLcY I I0USE )O1NT I:}.SOLU"I'10N NO. 454 Celebrating the life of the Honorable Glenn Brooks MeClanan, Sr. A?4recd to by tlie Housc of Delegittes, March 2, 2012 rlgrecd lu by llic Sen<tte, Maccll 7, 2012 WIIF,I:EAS, fhr Ilonurablc Gdcun Brouks McClitnaii, Sr., zi distinguislted atiocncy iuid foi°mcr nicmber uf' thc Vii"ginia I louse ot Drle<ites, died on jauiuaty 2G, ?0 l?; xnd Wl ll;h}:A5, a nutivc ul' Viryitux [3crich, Glenn McClnnan gcadifatecl fcom Kempsville Hig1i 5cliool, earncd a hichelor's de;tirre I'rom I,ynchburg Cullegc, .ind reccivcd a law dcgree from the Uiliversity of Virginia; and VVl It;Rt;AS, <i cicdictited ,itlorticy respecfed for liis ktiowledge of the htw auid comittitttlent to liis clietits, Gleiiri McClamm pricticed law tioc seveexl ilecxcles and tnade tiuniecous contcibutions to liis prof'ession throngh membership in various baur associsiiiuns; tuid \-VllCRt:Ati, l';Iciut McCliuiari beg.m his loug cxreer of public seivice to the Conunom??ealth in 1972 and represcntcd all or parts of thc Ciiy of Vil,giiiin (iencli fur neucly two dectuies as a meinber of Che Virginia t-Iouse of Dcle3atcs, and W1 Ii;Rt;AS, a cuiisricntious Icgislator, Glcun N1cClanxn served .is cliair of tlie Agrictilture Cornniiltee arid as a mcmbcr of lhc l;encrnl I»i\vs Cunuilittrr; Corporations, Insucance "ind 13v1king Conunittee; ilnd luterstaic Cooper"ition Conunitkee; and WIIFI:F.AS, ducin?ti liis tenure, Glenn McGanau providcd visionaiy leadership ris he chmnpioned Icgislation to protecl. consuiiiCt's Mu1 Ilic eirviromiticnt anii encouraged wisc plijnning to eeisiu'e iil n&quxte wafer suff(y 1'or the Vii',?inilt C3e.ach .urca; atid W1 fEREAti, rommiUed tu lhe prosperily anii wcl(-bcin'? oP liis tiouietowtl, Gleiin McClanan took ttn <activc role iti civic auid coiilnuiliity nfi;iirs, serving us lhe fociuec president of the Virgiuia l3cach Council of Civic Orgariizaiions and Pcinccss Annc }'Iazu C'ivic Len-?ile <tnL1 iis iln aictive meniber of the Tidewatcr Fciends of' Folk Music, Vii?.,'inia BEacli Spocts Clul), hcmpsvillc Riu•il.ui t'lub, suid iblasonic Loiigc #'?S; .tud WII1:REr\ti, ,is u youth, Glenn McClunun puriicip.Ued iu 4-1-1 and its Interuationx( F.trin 1'otrtli l:xchangc pro,;raun; tlirnu'{h the 1'ru'sraili, hc iilet his wit'c, hebn, and tu?4ethec Ilicy traveled tu ovcc 50 cou[rtt-ics v:iinin,; v<ifu,'ible iilsiglit into oUter Cuilurrs nrul pcopics; .tnd 41'tlt;REAti, enrly ili liis careec, Glentt McCl<uwn wocked foc the Uuited tifaies Atoiuic Energy Commission, trivclimg lo se'liools nri'oss thc cuuntty presenting prugams on ihe bencfits atid pcacetime uses of atotnic : uei<gY; and WA It;1:1:Ati, un illfluelitial citi•r.eii of Vii?ginin Beach, Glenu McClauau seived tlte City iind thc Couimonnvcalf(? Nvith grenl infc,{rity; <md WI I};I:EAti, GiIrnn McCl,mun leaves fo ciierisli his ineiitocy his beloved wife, Feba; children, Anne, Glenn,jr., nnd M.irtin, nnd tlicic I:unilics; nunlerous oth<r t"tiuily inenibers und fricnds; xnd colictigues oti both sides of ihe aisle; now, therefore, bc it hi;SOI.Vt;D by lhr Ilouse of nclcgatrs, the Senate concurring,'I'(iat tlie Gcnernl Asseilibly hercby »otc tvith gce.tt sadiress lhe• luss ot :in iidInirCi1 E,ul,lic servnut, the lionorible Glenn L3rouks McClitnan, Sr.; <+ncl, be it I:ESOi.Vt;D f'tIR'1'(If;R,'I'liat lhc Clerk oP tlie. Flouse ol nelcgates prcpare a copy o(' tliis resolution for prescniation lo ihc fuinilv Lif Ilir I lonc»:iblc ("lelui [;rooks i\9cClunan, Sr., as an expcessiun ot ihe Gcneral Assenibly's,abidinS respecl foc his mcmuiy. i iousc 1'alruns: Liyuilitu, G:trretl, I lowcll, W,?., Ilugo, [nSi,am, loiuinon, Jolirison, Kcam, Knight, Loupassi, Orrock, Fluni, Pc??tie, Puckey, Putney, Slollc,'l':itii, Vi(lanuev.i, Ware, O., Watts, and Wilt Clerk of the Ilnuse of Oclee;ilr.ti -47- Item -V-G.2 MAYOR'S PRESENTATION ITEM #61975 PRESOL UTION HONORING Peter K. Mueller Executive Vice President, Stihl Incorporated Mayor Sessoms introduced Peter K. Mueller, Executive Vice President, STIHL Incorporated, and presented him with a Resolution to recognize and pay tribute to his leadership and accomplishments for STIHL, Incorporated, the leading manufacturer in Virginia Beach. Mayor Sessoms also presented Mr. Mueller with a formal Honorary Citizen Certificate. Mr. Mueller thanked Mayor Sessoms and City Council for the support. June 26, 2012 ???IUTION WHEREAS: Peter K Mueller, was born in Munich Germany, received his engineering deo ee from Universiry in Munich and relocated to the United States in 1974. He started his career with STIHL when STIHL, Ine. first opened its doors the same year. Mr. Mueller started up the U.S. manufacturing operations for STIHL, Inc. in Virginia Beach with fifry employees in a riventy thousand square foot warehouse in the Airport Industrial Park. WHEREAS: His management skzlls, knowledge and ezperience were soon recognized when he was promoted to Director of Manufacturing in 1976, and soon after to Vice President ofManufacturing in 1978 when ST7HL moved to its current location offLynnhaven Pmkway with a lwenty-one thousand square foot headquariers office and an eighty five thousand square foot manufacturing faciliry. Peter K Mueller was promoted to his current position as Executive Vice President in 1992 and has remained one of the top leaders of the company, serving on the Executive Council for thepast thirry years. STIHL, Inc., under the profound leadership of Peter Mueller, has grown its commiiment to Virginia Beach from simple assembly to advanced manufacturing and numerous expansions, including $60-Million in 2003 and an additional $79-Million in 2003 -- the largest single economic investmeni irs the City's history. In 2008, the company opened a$25-Million facility to manufacture guide-bars for their chain saws rather than importing them from Germany or Brazil. The new facility featured a 60,000 square foot "green" roof, representing STIHL, Inc.'s commitment to preserving the environment. With an extended land purchase in 2012, STIHL, Inc. expanded iheir distribution space for future growth and grew its ownership to 2-Million square feet and over 180 acres of land in Virginia Beach. STIHL, Inc. 's vertically integrated production process is one of the most advaneed in the world and allows the eompany to maintain its position as the world's leading power tool manufacturer. Today STIHL, Inc. manufactui•es more than two hundred different models of chain saws andpower tools, featuring the best available technologies and cleanest running outdoor power equipment available in the world; WHEREAS: Prior to joining STIHL, Peter K. Mueller was the Assistant to the Chairman of the Board of a major German corporation where he held various management positions in production and quality assurance. Under his leadership, STIHL, Ine. has achieved the ISO 9001 and ISO 14001 certificafions as well as the United States Senate Productivity and Quality Medallion of Excellence Award. STIHL, Ine. was also a Stage Two Finalist for the Malcolm Baldrige Award and in 2004, declared the winner of the Virginia Shingo Prize for Excellence in Manufacturing. Peter K Mueller understands the value of investing in the employees as well as product qualiry. For each of the last three years, STIHI, has been recognized with the highest qualiry award within the company for each of three categories: chain saws, power tools and electric tools; WHEREAS: Peter Mueller has been involved in the diplomaric, political and economic aspect of Germany's representation in the United States. He was named Honorary Consul of the Federal Republic of Germany by the then German President, Horst Koehler, in September 2005 and has established himseljas one of the leading advocates for the continued success of Virginia Beach and her citizens. He has assisted German citizen in Virginia Beach and the Hampton Roads Area with their questions or problems. He serves various Regional boards, including the Sociery ofManufacturing Engineers, the Hampton Roads Economic Development Alliance and the Virginia Opera; and, NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach Ciry Council pause in its deliberations to recognize Peter Mueller and pay tribute to his leadership and accomplishments for STIHL, Incorporated, the leading manufactur•er in Virginia Beach. BE IT FURTHER RESOLVED: T/iat this signed Resolution be spread upon the Minutes of this Formal Session of the Virginia Beach Ciry Council this Twenry-sixth day of June, Two Thousand Twelve. Given under our hands and seals: .ZGW111_f- ??... -Z?d I CounciGnan GCenn 9Z Davis Cou ' n`WilGam R nlt.o6en . ` o6°Dyer Henl?y Gnnn7ohn ?. 41hrin ' Co ilLa?ly Ras r AMayor I,ou' .7ones -48- Iteni -V-I.1 PUBLIC HEARING ITEM #61976 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY-OWNED PROPERTY 200 North Oceana Boulevard There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. June 26, 2012 -49- Iteni -V-I.2 PUBLIC HEARING ITEM #61977 Mayor Sessoms DECLARED A PUBLIC HEARING: INSTALLMENT PURCHASE AGREEMENT (ARP) 3484 Charity Neck and 3489 Muddy Creek Roads The following individuals registered to speak: Edward Bourdon, Attorney for the Henley's ARP Application. Mr. Bourdon stated the farm was inherited by Mr. Henley from his family. The Agricultural Reserve Program (ARP) was adopted in 1985 and widely accepted by landowners and citizens. Citizens were fully informed and saw this as equitable to everyone. Former Councilman Baum enrolled in the ARP while on City Council. Mr. Bourdon stated that City Council have ever denied an ARPApplication. Marvin Rollins, 1521 Mill Landing Road, Phone: 426-6459, spoke in SUPPORT, stating he has known the Henley Family for decades. Mr. Rollins believes in the Henley's line of business it is smart for their property to be protected. Former Councilman Baum enrolled in ARP while on Ciry Council, as did Don Horsley while on the Planning Commission and Barry Knight while serving as Delegate for the House of Representatives. Mr. Rollins encouraged City Council to abide by the regulations and approve this ARP Application. Patricia ingmiret Richard, 977 Donation Road, Phone: 464-0728, spoke in SUPPORT stating the City of ViYginia Beach is fortunate to have Mrs. Henley serve on City Council as she is an advocate for the "Green Line " and ARP. A tremendous amount of land has been saved from development as a result of this program. Ms. Richard encouraged City Council to support this ARP Application. Mary Heinricht, 5525 Woodbine Road, Phone: 425-239-1360, spoke in SUPPORT of this ARP Application. Ms. Heinricht stated it has been thirteen (13) years since she spoke at a City Council meeting. This program has received national recognition and ensures that Virginia Beach has land resources for Agriculture's future generations. Land is a most valuable asset in farming and planning is a necessity. The Henley Family is simply trying to plan for the future and ensure their land is protected for future generations. Cal Schieman, 37047 Gumwood Court, Phone: 471-2258, spoke in SUPPORT. Mr. Schieman is retired from the City of Virginia Beach. The Henley's open their farm for Extension Agents and hold more educational tours than any other faYm in Virginia Beach. In 2007, the Henley Family received the "Excellence in Agriculture" award. The Henley's should not be penalized for Council Lady Henley's sei-vice to the City. Jimmy Frost, 2240 Windom Place, Phone: 343-6768, spoke in OPPOSITION. Mr. Frosts previously spoke out against this ARP Application and had hoped Council Lady Henley would withdraw her application until after she left City Council. The payments will go directly to benefit Council Lady Henley. Mr. Frosts understands that this may be "legal " but feels it is wirong. June 26, 2012 -50- Itein -V-I.2 PUBLIC HEARING ITEM #61977(Continued) RickKowalewith, 22916`* Street, Phone: 831-6143, spoke in OPPOSITION. Mr. Kowalewith agrees that Cor,cncil Lady Henley should not be treated any different but stated he is opposed to her enrolling in the ARP while she is a City Council Member. Diana Howard, 1057 Debaca Court, Phone: 721-5128, spoke in OPPOSITION, stating she has a problem with the constant assault. Ms. Howard encourages City Council to save money and deny this ARP Application. Ms. Howard suggests that Council Lady Henley preser-ve her farmland to stipulate her wishes in her Will. Marlayne Castelluzzo, 5189 Stratford Drive, Phone: 474-4346, spoke in OPPOSITION. Ms. Castelluzzo has the utmost respect for Council Lady Henley on a personal level but does not feel she should enroll in the program while she is a City Council Member. Ms. Castelluzzo believes just because this may be "legal ", she does not feel it is right. Mayor Sessoms CLOSED THE PUBLIC HEARING. June 26, 2012 -51- Iteni -V-7.2 PUBLIC COMMENT ITEM #61978 Mayor Sessoms DECLARED PUBLIC COMMENT: OCEANFRONT RESORT DISTRICT FORM-BASED CODE The following individuals registered to speak: Captain Geis stated Oceana, in conjunction with the Navy Region Mid-Atlantic and Virginia Beach's Planning Staff, have worked closely in developing a mutual understanding ofpotential density under the Form Based Code. Pursuant to the curYent Memorandum of Understanding between the Navy and ViYginia Beach, the Navy will not object to any proposed development in the Resort Tourist Districts as long as the height does not negatively impact the aircraft encroachment on NAS Oceana. The density metrics, incorporated in the Form Based Code, will reduce the cumulative density and current maximum potential density in accordance with the Memorandum of Understanding. As such, the Navy has no objection to the Form Based Code. Barbara Yates, representing Old Beach Neighborhood, spoke in OPPOSITION. Ms. Yates is the Past President of the Resort Beach Civic League, a former officer of the Virginia Beach Hotel Motel Association, served on the Resort Leadership Council, various Resort Advisory Committees and currently serves on the Old Beach Design Review Committee. She requests that either defer the adoption of the Form Based Code until there are funded traffic circulation and parking plans for the entire Resort protecting the neighborhoods or include implementation plans with the adoption of Form Based Code specifically protecting Old Beach, Lakewood and Pinewood from Resort traffic and parking intrusions. Kate Bull, President of Atlantic Place Condo Association, spoke in OPPOSITION. Ms. Bull stated the residents endure constant negative impact from the 25"' Street parking lot traffic. Without the cul de sac being included in the Form Based Code the Association is adamantly opposed to the inclusion of the 25"' Street Parking Lot proposal. They are asking that the 25"' Street cul de sac and the "residential only parking " for Old Beach be implemented along with Form Based Code. Barbara Clark, President of the Resort Beach Civic League, Vice President of the 2"d Police PYecinct Citizens Advisory Committee, has served on numerous committees to protect and improve Resort neighborhoods for over ten (10) years. Please support the Resort neighborhoods and defer the adoption of Form Based Code until it includes real solutions to some of the negative impacts of Resort activities. Resident only parking, cul de sac of the 400 Block of 1e Street, traffic calming on Artic between 17`h and 14`h Streets and reexamination of proposed protections from Form Based Code lots that are adjacent to residential zoning are a must. Rick Kowalewitch, 229 16`h Street, Phone: 831-6143, spoke in OPPOSITION. Mr. Kowalewitch is a business owner of thirty (30) years, 28 years at the Oceanfront. Mr. Kowalewitch's two issues at the Resort Area are parking and crime and should be addressed before Form Based Code is considered. Diana Howard, 1057 Debaca Court, Phone: 721-5128, spoke in OPPOSITION. Ms. Howard stated this Plan reduces the amount of beach access and increases developrrient without additional parking. Parking is already an issue at the Resort Area and, without increasing parking, the traffic will only get worse. June 26, 2012 -52- Item -V-I.2 PUBLIC COMMENT ITEM #61978(Continued) Bob Miller, representing Virginia Beach Vision, spoke in SUPPORT. Mr. Miller agrees that parking issues have to be dealt with and supports strong neighborhoods. Form Based Code took input from a great number of resources and believes this is a step forward. Parking strategies need to be implemented and Virginia Beach needs to continue moving towards the future. Bill Gambrell, 6304 Atlantic Avenue, spoke in SUPPORT. Mr. Gambrell owns several businesses at the Resort Area and agrees parking is a challenge; however, Form Based Code is going to do really great things at the Resort Area. Mayor Sessoms CLOSED THE PUBLIC HEARING. June 26, 2012 -53- ADOPTAGENDA FOR FORMAL SESSION ITEM #6I979 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION June 26, 2012 -54- Item -V-K ORDINANCES/RESOL UTIONS ITEM #61980 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE MOTION, Items 1 a/b/c/d?e, 2b/c% 3, 4, S, 6, 7 and 8a/b. Councilmen DeSteph and Moss stated a verbal NAY vote on Item #2(e) Voting: 11-0 (By Consent) Council Members Poting Aye: Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel,, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 26, 2012 -55- Item -V-K.la1b/c/d?e OIZDINANCES/RESOL UTIONS ITEM #61981 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinances to AMEND the City Code: a. Section 16-41 re removal, storage and sale of certain unattended vehicles b. Section 5-524 re dangerous dog registration procedures c. APPROPRIATE $1,470 to the Police Department from Dangerous Dog Registration Fees in accordance with Virginia Code Section 3.2-6540(L), As Amended d. ADD Section 27-8 re territorial limits of the City's law enforcement jurisdiction e. REPEAL Sections 38-2 and 38-2.1 of the City Code re fees for concealed weapon permits Yoting: I1-0 (By Consent) Council Members Tjoting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 26, 2012 1 AN ORDINANCE TO AMEND SECTION 16-41 OF THE 2 CITY CODE PERTAINING TO REMOVAL, STORAGE AND 3 SALE OF CERTAIN UNATTENDED VEHICLES 4 5 SECTION AMENDED: § 16-41 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 16-41 is hereby amended and reordained to read as follows: 11 Sec. 16-41. - Removal, storage and sale of certain unattended vehicles- 12 Generally. 13 (a) Any law enforcement officer or other uniformed employee of the police department 14 as authorized bv the Chief of Police or designee may have removed for safekeeping 15 any motor vehicle, trailer, semitrailer or part or combination thereof if: 16 (1) It is left unattended or has been involved in an accident on a public highway or 17 other public property and impedes the flow of traffic; 18 (2) It is illegally parked; 19 (3) It is left unattended for more than ten (10) days either on public property or on 20 private property without the permission of the property owner, lessor or occupant; 21 (4) It is immobilized on a public highway by weather conditions or other 22 emergency situation; 23 (5) It is left abandoned on a public highway or other public property. For the 24 purposes of this section, it shall be presumed that a vehicle or part thereof is 25 abandoned if (a) it lacks either a current license plate, or a current county, city or 26 town license decal, or a valid state safety inspection decal; and (b) it has been in a 27 specific location for four (4) days without being moved; or.- 28 (6) It is designated for removal by the code enforcement administrator as provided 29 by Section 16-40(e). 30 (b) No vehicle shall be moved from private property under the provisions of subsection 31 (a)(3) of this section without the written request of the owner, lessee or occupant 32 thereof. Further, the person at whose request a motor vehicle, trailer or semitrailer is 33 removed from privately owned property pursuant to this section shall indemnify the city 34 against any loss or expense incurred by reason of the removal, storage or sale. 35 (c) Each removal under this Section or Section 16-40 shall be reported immediately to 36 the Chief of Police, who shall give notice to the owner of the motor vehicle, trailer or 37 semitrailer and to the department of motor vehicles as promptly as possible. The owner 38 of such vehicle, trailer or semitrailer, before obtaining possession thereof, shall pay to 39 the city all reasonable costs incidental to the removal, storage and locating the owner of 40 the vehicle, trailer or semitrailer. Should such owner fail or refuse to pay the costs or 41 should the identity or whereabouts of such owner be unknown and unascertainable, 42 after a diligent search has been made and after notice to him at his last known address 43 and to the holder of any lien of record in the office of the Department of Motor Vehicles 44 in Virginia against the motor vehicle, trailer or semitrailer, the chief of police may, after 45 holding the motor vehicle, trailer or semitrailer twenty (20) days and after due notice of 46 sale, dispose of the same at public sale and the proceeds from the sale shall be 47 forwarded by the chief of police to the city treasurer. 48 (d) If no claim has been made by the owner for the proceeds of a sale under this 49 Section, the remaining funds may be deposited to the general fund or any special fund 50 of the city. Any such owner shall be entitled to apply to the city within three (3) years 51 from the date of such sale, and if timely application is made therefor, the city shall pay 52 the same to the owner, without interest or other charges. No claim shall be made nor 53 shall any suit, action or proceeding be instituted for the recovery of such funds after 54 three (3) years from the date of such sale. 55 (e) Notwithstanding the foregoing provisions, any abandoned vehicle which is 56 inoperable and whose fair market value is determined to be less than the cost of its 57 restoration to an operable condition, may be disposed of to a demolisher, without title 58 and without notification procedures, by the city or by the person on whose property or in 59 whose possession the vehicle is found. The demolisher, on taking custody of the 60 inoperable abandoned vehicle shall notify the department as provided by Code of 61 Virginia, § 46.2-1205. 62 (fl Any personal property found in any unattended or abandoned motor vehicle, trailer 63 or semitrailer may be sold incident to the sale of such vehicle pursuant to this section. 64 (g) In enforcing this section the police department shall not utilize any tow truck service 65 which is not in full compliance with the requirements of article IV of chapter 21 66 (h) The chief of police is authorized to adopt, with the approval of the city manager, 67 additional requirements for towing services related to the safety and convenience of 68 persons whose vehicles are towed in accordance with this section. This ordinance shall be effective July 1, 2012. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 26th day of June , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Department qitvy ' s ffi CA12306/R-2/June 14, 2012 1 AN ORDINANCE TO AMEND SECTION 5-524 2 OF THE CITY CODE PERTAINING TO 3 DANGEROUS DOG REGISTRATION 4 PROCEDURES 5 6 SECTION AMENDED: § 5-524 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 5-524 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 Sec. 5-524. - Registration procedures. 14 (a) The owner of any animal found to be a dangerous dog shall, within f°8) f°rtv_ 15 five 45 days of such finding, obtain a dangerous dog registration certificate from the 16 bureau of animal control for a fee of one hundred and fifty dollars ($150.00), in addition 17 to other fees that may be authorized by law. The bureau of animal control shall also 18 provide the owner with a uniformly designed tag that identifies the animal as a 19 dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the 20 animal wears the collar and tag at all times. By January 31 of each year, until such time 21 as the dangerous dog is deceased, ,4all certificates obtained pursuant to this subsection 22 shall be updated and renewed for R"e s;; ,e a fee of eighty-five dollars ($85.00) 23 and in the same manner as the initial certificate was obtained. The animal control officer 24 shall 25 post reaistration information on the Virainia 26 Dangerous Doq Regist 27 (b) All dangerous dog registration certificates or renewals thereof required to be 28 obtained under this section shall only be issued to persons eighteen (18) years of age 29 or older who present satisfactory evidence: (i) of the animal's current rabies vaccination, 30 if applicable; (ii) that the animal has been neutered or spayed; and (iii) that the animal is 31 and will be confined in a proper enclosure or is and will be confined inside the owner's 32 residence or is and will be muzzled and confined in the owner's fenced-in yard until the 33 proper enclosure is constructed. In addition, owners who apply for certificates or 34 renewals thereof under this section shall not be issued a certificate or renewal thereof 35 unless they present satisfactory evidence that: (i) their residence is and will continue to 36 be posted with clearly visible signs warning both minors and adults of the presence of a 37 dangerous dog on the property; and (ii) the animal has been permanently identified by 38 means of a tattoo on the inside thigh or by electronic implantation. All certificates or 39 renewals thereof required to be obtained under this section shall only be issued to 40 persons who present satisfactory evidence that the owner has liability insurance 41 coverage, of at least one hundred thousand dollars ($100,000.00), that covers animal 42 bites. The owner may obtain and maintain a bond in surety, in lieu of liability insurance, 43 to the value of at least one hundred thousand dollars ($100,000.00). 44 (c) 45 , 46 . , . 47 The owner shall alse cause the Bureau of Animal Control to be promptly notified of: (i) 48 the names, addresses, and telephone numbers of all owners; (ii) all of the means 49 necessary to locate the owner and the dog at any time; (iii) any complaints or incidents 50 of attack by the dog upon any person or cat or dog; (iv) any claims made or lawsuits 51 brought as a result of any attack; (v) tattoo or chip identification information or both; (vi) 52 proof of insurance or surety bond; and (vii) the death of the dog. 53 (d) All fees collected pursuant to this section, less the costs incurred for producing 54 and distributinq the certificates and taqs, and less the fees due to the State Veterinarian 55 for maintenance of the Virqinia Dangerous Doq Registry, shall be paid into a fund for 56 the purpose of pavinq the expenses of trainina courses reauired under Code of Virainia 57 § 3.2-6556. 58 This ordinance shall become effective on July 1, 2012. Ado?pted by the City Council of the City of Virginia Beach, Virginia, on this 26th day of une , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Department City rney's ic APPROVED AS TO CONTENT: 4ed? . CWVK:-- 4 Ma"hagement Services CA12305 R-2 June 14, 2012 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO APPROPRIATE FUNDS TO THE OPERATING BUDGET OF THE POLICE DEPARTMENT RESULTING FROM DANGEROUS DOG REGISTRATION FEES NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: $1,470 is hereby appropriated, with estimated local revenues increased accordingly, to the FY 2013 Operating Budget of the Police Department from dangerous dog registration fees and such funds shall be used in accordance with Virginia Code § 3.2-6540(L), as amended. Adopted by the Council of the City of Virginia Beach, Virginia, on the26th day of June , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT ` - - (?W Ma agement Services APPROVED AS TO LEGAL SUFFICIENCY: CA12314 R-1 June 15, 2012 1 AN ORDINANCE TO ADD SECTION 27-8 TO 2 THE CITY CODE PERTAINING TO CITY'S 3 LAW ENFORCEMENT JURISDICTION 4 5 SECTION ADDED: § 27-8 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 27-8 is hereby added to the Code of the City of Virginia Beach, 11 Virginia, and ordained to read as follows: 12 13 Sec 27-8. - Law enforcement iurisdiction. 14 15 Pursuant to Code of Virainia § 15.2-1725.1, for purposes of public safetv 16 requlatory authority and enforcement, the territorial limits of the City extends from its 17 costal shoreline, the coastal shorelines of Camp Pendleton, the coastal shorelines of 18 First Landinq State Park, and the coastal shorelines of False Cape State Park in a 19 perpendicular direction for three miles into the Atlantic Ocean and Chesapeake Bav 20 waters. This territorial iurisdiction is concurrent with the iurisdiction of the 21 Commonwealth, but this authoritv does not extend to the requlatory authority of the 22 Virqinia Marine Resources Commission. 23 This ordinance shall become effective on July 1, 1012. Adopted by the City Council of the City of Virginia Beach, Virginia; on this 26th day of June , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ?? (' Police Department . ? City Attorney's Office CA12307 R-2 June 7, 2012 1 AN ORDINANCE TO REPEAL SECTIONS 38- 2 2 AND 38-2.1 OF THE CITY CODE 3 PERTAINING TO FEES FOR CONCEALED 4 WEAPON PERMITS 5 6 SECTIONS REPEALED: § 38-2 AND 38-2.1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 38-2 and 38-2.1 of the Code of the City of Virginia Beach, Virginia, 12 are hereby repealed: 13 SeG. 38 . 14 wea-penw 15 16 . 17 VqFg*Rwa, 18 . . 19 Szs. 38--2.1: r:?.9 ? .,??.. Mj? PAN??iT .•Ce?C? .,+me ;: ? 7 ?? 20 . . , 21 22 the ' . 23 24 . This ordinance shall become effective on July 1, 2012. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 26th day of June , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ? TL ? ?v_ r> /--f • / r ?i?,. o ? Police Department City A ney's 'ce CA12304 R-2 June 13, 2012 -56- Item -V-K.2a ORDINANCES/RESOL UTIONS ITEM #61982 Upon motion by Vice Mayor Jones, seconded by Councilman Davis, City Council ADOPTED, Ordinance to A UTHORIZE: a. Acquisition of Agricultural Land Preservation (A)P) Easements in the amount of $1,107,904 to Grandy Winston Henley and Henley Farm, L.P. at 3484 Chariry Neck and 3489 Muddy Creek Roads Voting: 7-2 Council Members Voting Aye. Glenn R. Davis, Harry E. Diezel, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Robert M. Dyer and John D. Moss Council Members Absent: None Council Members Abstaining: William R"Bill " DeSteph and Barbara M. Henley June 26, 2012 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $1,107,904. (PROPERTY OF GRANDY WINSTON HENLEY 6 AND HENLEY FARM, L.P.) 7 8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of the material terms of which is hereto attached, and a true copy of 13 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 14 (as defined in the Installment Purchase Agreement) on certain property located in the City 15 and more fully described in Exhibit B of the Installment Purchase Agreement for a 16 purchase price of $1,107,904; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 23 purchase as evidenced by the Installment Purchase Agreement; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 2.1100% per annum 35 or the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however, that such 37 rate of interest shall not exceed 5.1100% unless the approval of the City Council by 38 resolution duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 Adoption requires an affirmative vote of a majority of all members of the City 62 Council. 63 26th 64 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 65 June , 2012. CA12167 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\Wpdocs\D007\P014\00022808. DOC R-1 DATE: June 12, 2012 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: P-?? Agriculture Department 1 4 61?, 0 City Attorney's O ce CERTIFIED AS TO AVAILABILITY OF FUNDS: 19922 cl?-A Z2914A /)r-1 a Director o inance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2011-121 SUMMARY OF MATERIAL TERMS SELLER: HENLEY, GRANDY WINSTON and HENLEY FARM, L.P. PROPERTY LOCATION: 3484 Charity Neck Road and 3489 Muddy Creek Road, Princess Anne District PURCHASE PRICE: $1,107,904 EASEMENT AREA: 98.92 acres, more or less DEVELOPMENT POTENTIAL: 4 single-family dwelling sites (4 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 2.1100% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 5.1100% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. ? 4-J ? W CL 0 V) L. ^ ' ? V? L. ? U J ? ? N E ? L. 00 Ca M I..L I 4? ca - O ? re = V cz a) z a? ? a? c- = U ? -57- Ite»z -V-K.2b/c ORDINANCES/RESOL UTIONS ITEM #61983 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE: b. The City Manager to EXECUTE a lease with Yetshouse, Incorporated at 200 North Oceana Boulevard c. The City Manager to EXECUTE a Police Mutual Aid Agreement with the Cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg and the Counties of James City, Accomack, GloucesCer, Isle of Wight, Northampton, York and the Towns of Smithfield and Windsor Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R"Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Council Members Absent: None June 26, 2012 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR FiVE 3 YEARS OR LESS WITH VETSHOUSE, 4 INCORPORATED FOR THE USE OF LAND AND A 5 2,088 SQUARE FOOT (APPROX.) CITY-OWNED 6 RESIDENCE LOCATED AT 200 N. OCEANA BLVD. 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 9 certain parcel of land and 2,088 square foot residence located at 200 N. Oceana 10 Blvd and shown on Exhibit A attached hereto (the "Property"); ll 12 WHEREAS, the City adopted Ordinance 2998A on August 28, 2007 to 13 lease the Property to Vetshouse Incorporated ("Vetshouse") for a period of five 14 years and said lease expires on August 31, 2012; 15 16 WHEREAS, Vetshouse has requested to lease the Property for $1.00 per 17 year and will perform all required maintenance; 18 19 WHEREAS, Vetshouse would like to enter into a formal lease 20 arrangement with the City for the Property pursuant to the Summary of Terms 21 attached hereto; 22 23 WHEREAS, the Property will be utilized for temporary housing and life- 24 skills training for homeless veterans and for no other purpose. 25 26 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager is hereby authorized to execute a lease for a term 30 of five years or less, between Vetshouse, Incorporated and the City, for the 31 Property in accordance with the Summary of Terms attached hereto and made a 32 part hereof, and such other terms, conditions or modifications as may be 33 acceptable to the City Manager and a form deemed satisfactory by the City 34 Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia on the 26th ? 37 day of June , 2012. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM Ci A ney PW/Faci ies Manag ent C41 2160 5/7/12 R-1 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d011 \p013\00019274.doc Exhibit A Property to be Leased to Vetshouse 200 N. Oceana Blvd r -- Page 1 of 1 EXHIBIT B SUMMARY OF TERMS LESSOR: City of Virginia Beach LESSEE: Vetshouse, Incorporated PREMISES: Approximately 2,088 square foot residence located at 200 N. Oceana Boulevard and approximately 18,675 sq. ft. of land. TERM: September 1, 2012, through August 31, 2013, with 4 one-year renewal options RENT: $1.00 per year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Will use the Premises for a Vetshouse residential facility and for no other purpose. • At no time shall more than 4 people reside in the dwelling unit. • Lessee shall not modify the Premises without prior approval from City. • Will keep, repair, and maintain the Premises at its expense. • Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. Lessee shall provide a certificate evidencing the existence of such insurance. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. TERMINATION: The City may terminate the Lease at any time without cause with thirty (30) days' written notice. 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 26 27 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A POLICE MUTUAL AID AGREEMENT WITH THE CITIES OF CHESAPEAKE, FRANKLIN, HAMPTON, NEWPORT NEWS, NORFOLK, POQUOSON, PORTSMOUTH, SUFFOLK, VIRGINIA BEACH, WILLIAMSBURG, AND THE COUNTIES OF JAMES CITY, ACCOMACK, GLOUCESTER, ISLE OF WIGHT, NORTHAMPTON, YORK, AND THE TOWNS OF SMITHFIELD and WINDSOR WHEREAS, Virginia law authorized local governments to enter into reciprocal agreements for mutual aid and for cooperation in the furnishing of police services; and WHEREAS, it is deemed mutually beneficial to the Cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg, and the Counties of James City, Accomack, Gloucester, Isle of Wight, Northampton, York, and the Towns of Smithfield and Windsor to enter into an agreement concerning mutual aid and cooperation with regard to law enforcement, increasing the ability of the local governments to promote the safety and welfare of the entire area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the accompanying Police Mutual Aid Agreement is approved and that the City Manager be directed to execute said Agreement on behalf of the City of Virginia Beach. Adopted by the council of the City of Virginia Beach, Virginia, on the 26th day of June , 2012. APPROVED AS TO CONTENT: olice Department AP OVED AS CONTENT: 4k 1- ? Xk Management APPROVED AS TO LEGAL SUFFICIENCY: City Atty's Offic CA12296 R-1/June 7, 2012 SUMMARY OF TERMS 1. Event - an incident requiring a law enforcement response that exceeds the equipment and/or personnel resources of the member's Police Department. 2. Mutual Aid Agreement - An agreement between eighteen (18) localities to provide emergency services in the event an incident occurs that requires resources beyond those of the reguesting locality's law enforcement department. The Agreement also provides arrest authority for officers responding to the requesting jurisdiction's locality, and allows arrest authority for officers present in another's jurisdiction in the event of an immediate threat to public safety. 3. Nature - Outlines the procedures of the City of Virginia Beach to provide and receive law enfarcement manpower and equipment, if available, in an effort to effectively respond to emergency incidents. 4. Term - This Agreement is effective upon execution, and may be terminated without cause upon thirty (30) days written notice by either party. This Agreement mirrors and will rescind the 2009 Agreement upon execution. 5. Insurance - Insurance requirement are met through the City of Virginia Beach's self-insurance program administered by Risk Management. LAW ENFORCEMENT MUTtiAL AID AGREEMENT THIS AGREEMENT, made this 1 st day of June, 2009, by and among the Cities of CHESAPEAKE, FRANKLIN, HAMPTON, NEWPORT NEWS, NORFOLK, POQUOSON, PORTSMOUTH, SUFFOLK, VIRGINIA BEACH and WILLIAMSBURG, each a municipal corporation of the Commonwealth of Virginia; the County of JAMES CITY, a political subdivision of the Commonwealth of Virginia; the Sheriff of the County of ACCOMACK; the Sheriff of the County of GLOUCESTER; the Sheriff of the County of ISLE OF WIGHT; the Sheriff of the County of NORTHAMPTON; the Sheriff of the County of YORK; the Town of SMITHFIELD; and the Town of WINDSOR. WHEREAS, Virginia law authorizes local governments and Sheriffs, in counties where no police departinent has been established, to enter into reciprocal agreements for mutual aid and for cooperation in the furnishing of law enforcement services; and WHEREAS, the twelve local governments and the Sheriffs of the Counties of Accomack, Gloucester, Isle of Wight, Northampton and York have determined that the provision of law enforcement aid across jurisdictional lines will increase their ability to preserve the safety and welfare of the entire area; and WHEREAS, it is deemed to be mutually beneficial to the parties hereto to enter into an agreement concerning mutual aid and cooperation with regard to law enforcement; and WHEREAS, the parties hereto desire that the terms and conditions of this Law F,nforcement Mutual Aid Agreement be established. NOW, THEREFORE, in consideration of the mutual benefits to be derived from a Law Enforcement Mutual Aid agreement, the parties hereto covenant and agree as follows; 1. Each party will endeavor to provide law enforcement support to the other parties to this Agreement within the capabilities available at the time the request for such support is made and within the terms of this Agreement. 2. Requests for assistance pursuant to the terms and conditions of this Agreement shall be made by the requesting jurisdiction's Chief of Police or Sheriff, whichever is applicable, or their respective designee. 3. The requesting party shall be responsible for designating a radio communications system for use by the requested party. 4. The personnel of the requested party shall render such assistance under the direction of the Chief of Police or Sheriff of the requesting party, or their respective designee. 5. Law enforcement support provided pursuant to this Agreement shall include, but not be limited to, the following resources: uniformed officers, canine officers, aerial support when maintained, forensic support, plainclothes officers, special operations personnel and related equipment. All law enforcement officers and personnel shall be duly trained and currently certified for the position provided. 6. Subject to the termsof this Agreement, and without limiting in any way the other circumstances or conditions in which mutual aid may be requested and provided under this Agreement, the parties hereto agree to provide assistance to the requesting party in situations requiring the mass processing of arrestees and transportation of arrestees. The parties to the Agreement further agree to assist the requesting party with security and operation of temporary detention facilities. Nothing contained in this Agreement should in any manner be construed to compel 2 any of the parties hereto to respond to a request for law enforcement support when the personnel of the party to whom the request is made are, in the opinion of the requested party, needed or are being used within the boundaries of that party, nor shall any request compel the requested party to continue to provide law enforcement support to another party when its personnel or equipment, in the opinion of the requested party, are needed for other duties within the boundaries of its own jurisdiction. In those situations not involving the provision of mutual aid upon request, law enforcement officers and personnel, and other employees of any city, county, town or Sheriff hereunder, may also enter any other jurisdiction in furtherance of law enforcement purposes, concerning any offense in which the entering law enfarcement agency may have a valid interest; provided, that the entering persorulel shall, as soon as practical, make such presence known to the Chief of Police or Sheriff of the entered jurisdiction, or his designated representative. 9. The responsibility for investigation and subsequent actions concerning any criminal offense shall remain with the law enforcement agency of the locality whose court has original jurisdiction over the offense. Entering law enforcement personnel shall promptly notify the law enforcement agency of the entered locality upon discovery of a crime over which the court of the entered locality has ariginal jurisdiction. 10. Officers acting pursuant to this Agreement shall be granted authority to enforce the laws of the Commonwealth of Virginia and to perform the other duties of a law enforcement officer; such authority shall be in conformance with §§ 15.2-1724; 15.2- 3 1726; 15.2-1730; 15.2-1730.1 and 15.2-1736 of the Code of Virginia, as amended. Law enforcement officers of any party who might be casually present in any other j urisdiction shall have power to apprehend and make arrests only in such instances wherein an apparent, immediate threat to public safety precludes the option of deferring action to the local law enforcement agency. 11. All law enforcement officers, agents and other employees of the parties to this Agreement who are acting pursuant to this Agreement shall have the same powers, rights, benefits, privileges and immunities in each other's jurisdiction, including the authority to make arrests in each other's jurisdiction. 12. The services performed and expenditures made under this Agreement shall be deemed to be for public and governmental purposes and all immunities from liability enjoyed by the parties within their boundaries shall extend to their participation in rendering assistance outside their boundaries pursuant to this Agreement. It is understood that for the purposes of this Agreement, the responding party is rendering aid once it has entered the jurisdictional boundaries of the party requesting assistance. 13. All pension, relief, disability, worker's compensation, life and health insurance and other benefits enjoyed by said law enforcement officers or personnel as employees of their respective jurisdictions shall extend to the services they perform under this Agreement outside their respective jurisdictions. Each party agrees that the provision of these benefits shall remain the responsibility of the employing party. 14. Each party agrees that, in activities involving the rendering of assistance to another party pursuant to this Agreement, each party shall waive any and all claims against 4 all other parties hereto which may arise out of their activities outside their respective jurisdiction. 15. The parties shall not be liable to each other for reimbursement for injuries to law enforcement officers or personnel, or damage to equipment incurred when going to or returning from another jurisdiction, except to the extent that reimbursement for such expenses may be or is received from the Federal Emergency Management Agency (FEMA) or another governmental agency. Neither shall the parties be liable to each other any other costs associated with, or arising out of, the rendering of assistant pursuant to this Agreement, except to the extent that reimbursement for such expenses may be or is received from FEMA or another governmental agency. 16. This Agreement rescinds and supersedes all previous written agreements and oral understandings relating to the provision of mutual law enforcement services between the parties. 17. Any of the parties hereto may withdraw from this Agreement by giving thirty (30) days written notice to that effect to the other parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective city manager, county administrator, town manager or Sheriff; the official seal of each city, county and town affixed hereto and attested by their respective city, county or town clerk, and indicating thereafter the ordinance or resolution authorizing the execution. Sheriffs may attest by Notary Public. CITY OF VIRGINIA BEACH BY: City Manager ATTEST: City Clerk Resolution/Ordinance #: Adopted On: 6 -58- Item -V-K.2d ORDINANCES/RESOL UTIONS ITEM #6I984 Upon motion by Councilman Wood, seconded by Councilman Dyer, Ciry Council DEFERRED INDEFINA TEL Y, Ordinance to AUTHORIZE: d. Reimbursement of employee's legal fees and expenses incurred in the successful defense of a charge arising from the discharge of official duties Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent. None June 26, 2012 -59- Iteni -V-K.2e ORDINANCES/RESOL UTIONS ITEM #61985 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY CONSENT, OYdinance to AUTHORIZE: e. Acquisition of 104 North Witchduck Road for Witchduck Road Phase II and other municipal purposes- Voting: 9-2 (By Consent) Cvuncil Members TTOting Aye. Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Verbal Nay: William R. "Bill " DeSteph and John D. Moss Council Members Absent. None June 26, 2012 1 ,AN ORDINANCF TO AUTHORlZE THE ACQUISITION OF 2 104 N. WITCHDUCK ROAD FOR WITCHDUCK ROAD 3 PHASE I[ AND OTHER MUNICIPAL PURPOSES . 4 5 WHEREAS, 8450 Van 'Nuys Blvd. (Virginia), LLC ("Seller") owns approximately 6 4.78 acres of real property located at 104 N. Witchduck Road, in the City of Virginia 7 Beach, Virginia (GP1N: 1467-84-4236) (the "Propertyn); 8 9 WHEREAS, Seller desires to sell the Property to the City of Virginia Beach (the lo "Ciiy")f 11 12 WHEREAS, a portion o# the Property will be necessary for the Wftchduck Road - 13 Phase ll road project (ClP 2-025), currently planned by the City; 14 15 WHEREAS, #he remainder of the Property has been identified as a potential site lb for the relocation of the Lighthouse Multi-Service Center, or other municipal uses as 17 may be determined by City Council in the future; and 18 19 WHEREAS, funding for the acquisition would come from both Lighthouse Multi- 20 Service Center (CIP 3-503) and Various Site Acquisitions - Phase II (CIP 3-139). 21 . 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 '{. That the City Council authorizes the acquisition af the Property by purchase 26 pursuant to § 15.2-1800 of the Code o# Virginia (1950), as amended, which Property is 27 identified as 104 N. Wi#chduck Road, Virginia Beach (GPIN 1467-84-4236). 28 29 2. That the Ciiy Manager, or his authorized designee, is authorized to execute 30 any and all documents necessary in connection with fihe acquisition of the Property, so 31 long as such documents are in accordance with the Sumrnary of Terms, - attached 32 hereto as Exhibit A, and made a part hereof, and such other terms and conditions 33 deemed necessary and sufficient by the City IVlanager and in a form deemed 34 satisfactory by the Ciiy Attorney. 35 36 Adopted by #he Councii of the Ci#y of Virginia Beach, Virginia, on the 2 6 t h day 37 Of June 2012 APPROVED AS TO CONTENT: ? / De . of Housi ' Neighborhoad Preservation APPROVED AS TO LEGAL SUFFICIENCY: ? ? ? ? _ City Attorney's Office APPROVED AS TO CONTENT: swaa C, C7??SG?. _ P ic Works / Real Estate CA12174 1\vbgov.com5DFS11Applications\(StyLawProdlcycom321Wpdpc55D0741P074100023673.DOC R-1 June 15, 2012 EXHIBIT A SUMMARY OF TERMS ACQUISITION OF 104 N. WITCHDUCK ROAD BUYER: City of Virginia Beach SELLER: 8450 Van Nuys Blvd. (Virginia), LLC, a Virginia limited liability company PROPERTY: Approximately 4.78 acres located 104 N. Witchduck Road, Virginia Beach, Virginia (GPIN 1467-84-4236) PURCHASE PRICE: $3,250,000 SPECIAL TERMS: None -_riffI?JI?J;3Y'L"vFtIVIFt HVC ??utv^°???r-?-..--_._? `?.? ,... ? ? ? . ,? ^''_'_„ f , i I t' . . ' ? ' I I .. I y 1 ' t I I 1 ? ? 1 ? t } L Q ' i t V r? J , ?, ,?? „? . ? I I ? I { ? I I j ? I I ' 1 I 11__...._--L _ L 5 I I ? I I ? I 5 I I I ? - - F' - ? t 1 5 I ti i ;k t I J ? V? ? i -60- Item -V-K.3 ORDINANCES/RESOL UTIONS ITEM #61986 Upon motion by Vice Mayor Jones, seconded by Councilman DyeY, City Council ADOPTED, BY CONSENT, Ordinance APPOINTING Viewers to serve one-year terms to view streets or alleys proposed to be closed Tloting: 11-0 (By Consent) Council Mernbers Yoting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Council Members Absent: None June 26, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR ONE-YEAR TERMS BEGINNING JULY 1, 2012, TO VIEW EACH STREET OR ALLEY PROPOSED TO BE CLOSED WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers shall be appointed each year to serve terms of one year beginning July 1 to view each and every street or alley proposed to be altered or vacated during the term;" and WHEREAS, it is the desire of City Council to appoint the Directors of the Departments of Planning, Public Works and Parks and Recreation to serve as viewers for one-year terms, beginning July 1, 2012 and ending June 30, 2013. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Director of Planning, Director of Public Works and Director of Parks and Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve a one-year term beginning July 1, 2012 and ending June 30, 2013, to view each and every application to close a street or alley, and to report in writing their opinion of what inconvenience, if any, would result from discontinuing the street or alley or portion thereof. Adopted by the Council of the City of Virginia Beach, Virginia on the 26th day of June , 2012. APPROVED AS TO CONTENT: Departtent of Planni APPROVED AS TO LEGAL SUFFICIENCY: i? City Attorney's Offi CA12303 R-1 June 6, 2012 -61- Item -V-K.4 ORDINANCES/RESOLUTIONS ITEM #61987 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to GRANT Emergency Medical Services (EMS) permits to operate in the City of Virginia Beach: a. Eagle Medical Transports b. Eastern Shore Ambulance Service c. American Lifeline Medical Transport d. Lifeline Ambulance Service e. Mid-Atlantic Regional Ambulance f. Children's Hospital of the King's Daughters g. Special Event Providers of Emergency Medicine h. Nightingale Regional Air Ambulance i. Stone Ambulance Service j. LifeEvac Virginia/air Methods k. Medical Transport Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Ijoting Nay: None Council Members Absent: None June 26, 2012 1 A RESOLUTION 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: Eagle Medical Transports, Eastern Shore Ambulance Service, American Lifeline 13 Medical Transport, Lifeline Ambulance Service, Children's Hospital of the King's 14 Daughters, Special Event Providers of Emergency Medicine, Nightingale Regional Air 15 Ambulance, Stone Ambulance Service, LifeEvac Virginia/Air Methods, and Medical 16 Transport.; 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 Eagle Medical Transports, Eastern Shore Ambulance Service, American Lifeline 29 Medical Transport, Lifeline Ambulance Service, Mid-Atlantic Regional Ambulance, 30 Children's Hospital of the King's Daughters, Special Event Providers of Emergency 31 Medicine, Nightingale Regional AirAmbulance, Stone Ambulance Service, LifeEvac 32 Virginia/Air Methods, and Medical Transport. 33 34 2. That these permits shall be effective from July 1, 2012 until June 30, 2013. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 26 t h day of June , 2012. APPROVED AS TO CONTENT: ,. ? Emer ency Medical Services APPROVED AS TO LEGAL SUFFICIENCY: City At ey's ffic CA12299 R-2/June 13, 2012 -62- Item -V-K.S ORDINANCES/RESOL UTIONS ITEM #61988 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to CONTINUE funding the Master Deputy Program and Sheriff's Career Development Program Voting: I1-0 (By Consent) Council Members Voting Aye: Glenn R Davis, William R`Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None Jufze 26, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 AN ORDINANCE TO CONTINUE FUNDING FOR THE MASTER DEPUTY AND SHERIFF'S CAREER DEVELOPMENT PROGRAM WHEREAS, the Sheriff has requested the use of City funds from the Sheriff's Department FY 2012-13 Operating Budget to supplant state funding reductions related to participation in the Master Deputy Program and the Sheriff Career Development Program; and WHEREAS, the City Council has a City Council Policy to prevent, to the extent possible, the shifting of financial responsibility for State, Federal, or privately funded programs to the citizens of Virginia Beach by not supplanting those funds with local funds, and any deviation from this policy requires Council authorization. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Sheriff's Department is authorized to use City funds, within the FY 2012- 13 Operating Budget of the Sheriff's Office, to supplant lost State reimbursement for the Sheriff Career Development Program salary adjustment of $11,767 and the salary increases attributable to maintaining the Master Deputy Program at the State Compensation Board FY 2009-10 level of 72 Master Deputy positions. Adopted by the Council of the City of Virginia Beach, Virginia on the 26th day of June , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services Cit e' i e CA12313 R-2 June 21, 2012 -63- Itein -V-K.6 ORDINANCES/RESOL UTIONS ITEM #61989 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances re the corrtpensation and VRS adjustments of the City Manager, City Attorney, City Clerk, City Real Estate Assessor and City Auditor Voting.• 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Council Members Absent.• None June 26, 2012 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; 7 8 WHEREAS, in compliance with the requirements of state law, City Council 9 adopted an ordinance, effective as of July 1, 2012, (1) to require City employees who 10 became Virginia Retirement System ("VRS") members prior to July 1, 2010, to make 11 member contributions in an amount equal to one percent of their VRS total creditable 12 compensation; and (2) to increase those employees' VRS total creditable compensation 13 by one percent; and 14 15 WHEREAS, the VRS total creditable compensation for the City Manager includes 16 his salary as well as the value of the City's contributions to his deferred compensation 17 plan and, as set forth in his employment contract, the City-paid premiums for his family 18 medical and dentat insurance and long-term care insurance. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 1. That the base annual salary of the City Manager shall remain at 24 $225,207.95; his car allowance shall remain at $12,000 annually; the City's contribution 25 to his deferred compensation plan shall remain at $20,500 annually; and, in accordance 26 with his employment contract, the City shall continue to pay the total premium for his 27 family health and dental insurance and shall pay up to $2,684 annually on behalf of the 28 City Manager for long term care insurance. 29 30 2. That, beginning July 1, 2012, as required by state law and in accordance 31 with budget ordinances adopted by City Council in May, 2012, the City Manager shall 32 pay, on a salary-reduction basis, VRS member contributions in an amount equal to one 33 percent of his VRS total creditable compensation, and his base salary as set forth in 34 paragraph 1 shall be increased in an amount equal to one percent of his VRS total 35 creditable compensation. 26th Adopted by the Council of the City of Virginia Beach, Virginia, on the day of June , 2012. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's O ' e CA12315 R-3 June 14, 2012 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY 3 ATTO RN EY 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, in compliance with the requirements of state law, City Council 10 adopted an ordinance, effective as of July 1, 2012, (1) to require City employees who 11 became Virginia Retirement System ("VRS„) members prior to July 1, 2010, to make 12 member contributions in an amount equal to one percent of their VRS total creditable 13 compensation; and (2) to increase those employees' VRS total creditable compensation 14 by one percent; and 15 16 WHEREAS, the VRS total creditable compensation for the City Attorney includes 17 his salary as well as the value of the City's contributions to his deferred compensation 18 plan. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 1. That the base annual salary of the City Attorney shall remain at 24 $189,625.00, and the City's contribution to his deferred compensation plan shall remain 25 at $10,000 annually. 26 27 2. That, beginning July 1, 2012, as required by state law and in accordance 28 with budget ordinances adopted by City Council in May, 2012, the City Attorney shall 29 pay, on a salary-reduction basis, VRS member contributions in an amount equal to one 30 percent of his VRS total creditable compensation, and his base salary as set forth in 31 paragraph 1 shall be increased in an amount equal to one percent of his VRS total 32 creditable compensation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of June , 2012. APPROVED AS TO LEGAL SUFFICIENCY: ? City Attorney's Offic CA12319 R-1 June 15, 2012 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; 7 8 WHEREAS, in compliance with the requirements of state law, City Council 9 adopted an ordinance, effective as of July 1, 2012, (1) to require City employees who 10 became Virginia Retirement System ("VRS") members prior to July 1, 2010, to make 11 member contributions in an amount equal to one percent of their VRS total creditable 12 compensation; and (2) to increase those employees' VRS total creditable compensation 13 by one percent; and 14 15 WHEREAS, the VRS total creditable compensation for the City Clerk consists of 16 only her salary. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 1. That the base annual salary of the City Clerk shall remain at $106,677.63, 22 and her car allowance shall remain at $10,000 annually. 23 24 2. That, beginning July 1, 2012, as required by state law and in accordance 25 with budget ordinances adopted by City Council in May, 2012, the City Clerk shall pay, 26 on a salary-reduction basis, VRS member contributions in an amount equal to one 27 percent of her base salary, and her base salary as set forth in paragraph 1 shall be 28 increased by one percent. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of June , 2012. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA12317 R-1 June 15, 2012 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, in compliance with the requirements of state law, City Council 10 adopted an ordinance, effective as of July 1, 2012, (1) to require City employees who 11 became Virginia Retirement System ("VRS") members prior to July 1, 2010, to make 12 member contributions in an amount equal to one percent of their VRS total creditable 13 compensation; and (2) to increase those employees' VRS total creditable compensation 14 by one percent; and 15 16 WHEREAS, the VRS total creditable compensation for the City Real Estate 17 Assessor includes his salary as well as the value of the City's contributions to his 18 deferred compensation plan. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 1. That the base annual salary of the City Real Estate Assessor shall remain 24 at $123,700.86 and the City's contribution to his deferred compensation plan shall 25 remain at $4,000 annually. 26 27 2. That, beginning July 1, 2012, as required by state law and in accordance 28 with budget ordinances adopted by City Council in May, 2012, the City Real Estate 29 Assessor shall pay, on a salary-reduction basis, VRS member contributions in an 30 amount equal to one percent of his VRS total creditable compensation, and his base 31 salary as set forth in paragraph 1 shall be increased in an amount equal to one percent 32 of his VRS total creditable compensation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of June , 2012. APPROVED AS TO LEGAL SUFFICIENCY: ? • City Attorney's Office CA12316 R-1 June 15, 2012 1 AN ORDINANCE PERTAINING TO 2 THE COMPENSATION OF THE CITY 3 AUDITOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, in compliance with the requirements of state law, City Council 10 adopted an ordinance, effective as of July 1, 2012, (1) to require City employees who 11 became Virginia Retirement System ("VRS") members prior to July 1, 2010, to make 12 member contributions in an amount equal to one percent of their VRS total creditable 13 compensation; and (2) to increase those employees' VRS total creditable compensation 14 by one percent; and 15 16 WHEREAS, the VRS total creditable compensation for the City Auditor consists 17 of only his salary. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 1. That the base annual salary of the City Auditor shall remain at $98,400.00, 23 and his car allowance shall remain at $6,000 annually. 24 25 2. That, beginning July 1, 2012, as required by state law and in accordance 26 with budget ordinances adopted by City Council in May, 2012, the City Auditor shall 27 pay, on a salary-reduction basis, VRS member contributions in an amount equal to one 28 percent of his base salary, and his base salary as set forth in paragraph 1 shall be 29 increased by one percent. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of June , 2012. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA12318 R-1 June 15, 2012 -64- Iteni -V-K.7 ORDINANCES/RESOL UTIONS ITEM #61990 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY CONSENT, Resolution to RE ADOPT Design-Build And Construction Management procedures to reflect actions of the 2011 General Assembly and the revised Department of General Services (DGS) Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay. None Council Members Absent: None June 26, 2012 1 A RESOLUTION TO RE-ADOPT PROCEDURES FOR THE 2 SELECTION, EVALUATION, AND AWARD OF DESIGN- 3 BUILD AND CONSTRUCTION MANAGEMENT CONTRACTS 4 5 WHEREAS, pursuant to Code of Virginia ("Virginia code") § 2.2-4308, a locality may 6 employ design-build or construction management as delivery methods consistent with the 7 procedures established by the Department of General Services for construction projects on 8 a fixed price or not-to-exceed price; and 9 10 WHEREAS, the City of Virginia Beach ("City") desires to establish the necessary 11 procedures for the use of design-build or construction management contracts when 12 beneficial to the City. 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 1. Design-build contract procurement method shall be a two-step competitive 18 negotiation process. The following procedures shall govern the selection, evaluation and 19 award of design-build contracts: 20 21 a. Criteria for use: Design-build contracts are intended to minimize the project risk for 22 the owner and reduce the delivery schedule by overlapping the design phase and the 23 construction phase of a project. 24 25 b. Approval for use: Prior to taking any action to pursue a design-build project, the 26 requesting department or agency shall receive the approval of the Purchasing Agent to 27 use the design-build procurement delivery method. 28 29 c. Basis of award; The award of a design-build contract shall be based on either: 1) an 30 acceptable technical proposal at the lowest fixed price, or 2) a best value determination 31 by weighted scoring of the technical proposal and the financial proposal. 32 33 d. Evaluation Committee: The City shall establish an Evaluation Committee 34 ("Committee") to be responsible for evaluating the qualifications of potential offerors of 35 design-build and reviewing proposals submitted for such services. This Committee shall 36 consist of a minimum of four (4) and a maximum of six (6) voting members. The 37 members of the Committee shall have expertise relevant to the project, with 38 backgrounds in such areas as project design, construction, finance, contract review, and 39 project management. The Committee shall be chaired by a licensed engineer or 40 architect. The membership of the Committee shall be determined by the City Engineer 41 or his designee. 42 43 e. Selection of Qualified Offerors (Step I) - Request for Qualifications (RFQ) 44 45 i.The City shall publish notice of its RFQ at least thirty (30) days, prior to the date set 46 for receipt of qualifications by posting in the Purchasing Agent's office, distributing to 47 relevant trade group using the DBME database, and in a local newspaper of general 48 circulation in the City so as to provide reasonable notice to the maximum number of 49 offerors that can be reasonably anticipated to submit qualifications in response to 50 the particular request. Additionally, qualifications may be solicited directly from 51 vendors. If practicable, the notice shall also be published in appropriate national 52 trade publications. 53 54 ii.The RFQ shall provide a description of the project, the services required by the City, 55 any unique capabilities to be required of the offeror, and the criteria to be used in 56 evaluating the potential offeror's qualifications. The RFQ shall request of potential 57 offerors only such information as is appropriate for an objective evaluation of all 58 offerors pursuant to such criteria. The RFQ shall establish procedures whereby 59 comments concerning provisions in the RFQ can be received and considered prior 60 to the time set for receipt of qualifications. All offerors shall have a licensed Class 61 "A" contractor and an Architect or Engineer registered in the Commonwealth of 62 Virginia as part of the offeror's team. 63 64 iii.The Committee shall evaluate each responding offeror's qualifications submittal and 65 any other relevant information and shall determine which offerors are fully qualified 66 and suitable for the project. 67 68 iv.The RFP evaluation shall result in a short list of two to five offerors to receive the 69 RFP. An offeror may be denied prequalification only as specified in Virginia Code § 70 2.2-4317, but the short list shall also be based upon the RFQ criteria. 71 72 v. At least thirty (30) days prior to the date established for the submission of 73 proposals, the City shall advise each offeror in writing as to whether that offeror has 74 been prequalified. In the event that an offeror is denied prequalification, the written 75 notice shall state the reasons for the denial of prequalification and the factual basis 76 for such reasons. Prequalified offerors that are not selected for the short list shall 77 likewise be provided the reasons for such decision. 78 79 f. Selection of the Desiqn-Build Contractor (Step II): 80 81 i.The City shall prepare a Request for Proposal ("RFP") that includes: 1) the 82 instructions for submitting the proposal, the criteria for evaluation, and the terms 83 and conditions of the design-build contract; 2) a narrative description of the project 84 requirements; 3) general conditions and technical specifications; 4) facility and site 85 plans as appropriate for the project. The RFP may also define such other 86 requirements as the City determines appropriate for a particular project. The RFP 87 shall include procedures whereby comments concerning specifications or other 88 provisions contained in the RFP can be received and considered prior to the time 89 set for receipt of proposals. 90 91 ii.The City shall send a RFP to the qualified design-build offerors on the short list for 92 the project and request formal proposals from them. Offerors will have at least thirty 93 (30) days to submit a proposal. Separately sealed technical and financial proposals 94 shall be submitted to the Purchasing Agent. The Purchasing Agent will provide the 95 technical proposals to the Committee and retain the financial proposals until the 96 technical review is complete. 97 98 iii.Based on criteria established in the RFP, the Committee shall evaluate each of the 99 technical proposals. As a part of the evaluation process, the Committee may grant 100 each of the offerors an equal opportunity for direct and private communication with 101 the committee. Each offeror shall be allotted the same fixed amount of time. In its 102 conversations with offerors, the Committee shall exercise care to discuss the same 103 owner information with all offerors. In addition, the Committee shall not disclose any 104 trade secret or proprietary information for which the offeror has invoked protection 105 pursuant to Virginia Code § 2.2-4342. 106 107 iv.The Committee will inform each offeror of any adjustments necessary to make its 108 technical proposal fully compliant with the requirements of the RFP. In addition, the 109 City may require that offerors make design adjustments necessary to incorporate 110 project improvements and/or additional detail information identified by the 111 Committee. 112 113 v.Based on the adjustments made to the technical proposals, the offeror may amend 114 its financial proposal. In addition, an offeror may submit cost modifications to its 115 original sealed financial proposal which are not based upon revisions to the 116 technical proposal. 117 118 vi.The Committee shall evaluate and rank (if technical rankings are to be considered 119 as a criteria for award) the technical proposals. Should the City determine in writing 120 and in its sole discretion that only one offeror is fully qualified, or that one offeror is 121 clearly more highly qualified than the others under consideration, a contract may be 122 negotiated and awarded to that offeror after approval of the Purchasing Agent. 123 Otherwise, the Purchasing Agent shall open the financial proposals and apply the 124 criteria for award as specified in the RFP. 125 126 vii.The Committee shall make its recommendation for the selection of a design builder 127 to the Purchasing Agent based on its evaluations of the technical and financial 128 proposals. The contract shall be awarded to the offeror who is fully qualified and 129 has been determined to have provided the best value in response to the RFP. 130 131 viii.The Committee will notify all offerors who submitted proposals which offeror was 132 selected for the project. The Notice of Intent to Award may be used to make this 133 notification. When the terms and conditions of multiple awards are so provided in 134 the RFP, awards may be made to more than one offeror. 135 136 ix.Upon request and in accordance with Virginia Code § 2.2-4342, documentation of 137 the process used for the final selection shall be made available to the unsuccessful 138 proposers. 139 140 2. Construction Management (CM) procurement method shall be a two-step 141 competitive negotiation process. The following procedures shall govern the selection, 142 evaluation and award of CM contracts: 143 144 a. Criteria for use of Construction Manaqement (CM): CM contracts may be approved 145 for use on projects where: 1) fast tracking of construction is needed to meet City 146 program requirements, or 2) value engineering and/or constructability analyses 147 concurrent with design are required. 148 149 b. Approval for use: Prior to taking any action to pursue a CM project, the requesting 150 department or agencies shall request the approval of the Purchasing Agent to use a CM 151 contract. 152 153 c. Basis of award: The basis of the award of the contract shall be in accordance 154 with competitive negotiation for nonprofessional services and the criteria for the award 155 shall be submitted to the Purchasing Agent, in advance, for approval. It is noted that 156 cost is a critical component of the selection process. 157 158 d. Evaluation Committee; The City shall establish an Evaluation Committee 159 ("Committee") to be responsible for evaluating the qualifications of potential offerors of 160 CM and reviewing proposals submitted for such services. This Committee shall 161 consistent of a minimum of four (4) and a maximum of six (6) voting members. The 162 members of the Committee shall have expertise relevant to the project, with 163 backgrounds in such areas as project design, construction, finance, contract review, and 164 project management. The Committee shall be chaired by a licensed engineer or 165 architect. The membership of the Committee shall be determined by the City Engineer 166 or his designee. 167 168 e. Selection of Qualified Offerors (Step I- Request for Qualifications (RFQ): The City 169 shall conduct a prequalification process as follows to determine which offerors are 170 qualified to receive the Request for Proposal (RFP). 171 172 i. The City shall prepare a RFQ containing the City's facility requirements, building 173 and site criteria, site and survey data (if available), the criteria to be used to 174 evaluate RFQ Responses and other relevant information, including any unique 175 capabilities or qualifications that will be required of the contractor. All offerors shall 176 have a licensed Class "A" contractor registered in the Commonwealth of Virginia as 177 part of the Project team. 178 179 ii.The RFQ shall be posted in accordance with the current standards for the posting 180 of public bids in the Virginia Code and the relevant sections of the City Code. 181 182 iii. The Committee shall evaluate each responding firm's RFQ response and any 183 other relevant information and shall determine those deemed qualified with respect 184 to the criteria established for the project. 185 186 iv. The RFQ evaluation process shall result in a short list of two to five offerors to 187 receive the RFP. An offeror may be denied prequalification only as specified under 188 the Code of Virginia § 2.2-4317, but the short list shall also be based upon the RFQ 189 criteria. 190 v. At least thirty (30) days prior to the date established for the submission of 191 proposals, the City shall advise each offeror in writing as to whether that offeror has 192 been prequalified. In the event that an offeror is denied prequalification, the written 193 notice shall state the reasons for the denial of prequalification and the factual basis 194 for such reasons. Prequalified offerors that are not selected for the short list shall 195 likewise be provided the reasons for such decision. 196 197 f. Selection of a Construction Manaqer (Step II) - Request for Proposal (RFP): 198 199 i. The City shall send a RFP to the qualified offerors on the short list and request 200 submission of formal proposals from them. The criteria for award shall be included 201 in the RFP. 202 203 ii. Proposals as described in the RFP shall be submitted to the Purchasing Agent. 204 205 iii. The Committee will evaluate and rank the proposals. After evaluation and 206 ranking of the proposals, the Committee shall: 1) conduct negotiations with two or 207 more offerors submitting the highest ranked proposals, or 2) should the City 208 determine that only one offeror is full qualified or that one offeror is clearly more 209 highly qualified than the others under consideration, a contract may be negotiated 210 and awarded to that offeror. 211 212 iv. The Committee shall make its recommendation on the selection of a construction 213 manager to the Purchasing Agent based on its evaluation and negotiations. The 214 contract shall be awarded to the offeror who is fully qualified and has been 215 determined to have provided the best value in response to the RFP. 216 217 v. The Committee will notify all offerors who submitted proposals which offeror was 218 selected for the project. The Notice of Intent to Award may be used to make this 219 notification. When the terms and conditions of multiple awards are so provided in 220 the RFP, awards may be made to more than one offeror. 221 222 vi. Upon request, documentation of the process used for the final selection shall be 223 made available to the unsuccessful proposers. 224 225 g. Required CM Contract Terms: Any Guaranteed Maximum Price construction 226 management contract entered into by the City will contain provisions requiring that (1) 227 not more than 10% of the construction work (measured by cost of the work) will be 228 perFormed by the CM with its own forces and (2) that the remaining 90% (or more) of the 229 construction work will be performed by subcontractors of the CM which the CM must 230 procure by publicly advertised, competitive sealed bidding to the maximum extent 231 practicable. Additionally, the subcontracting shall complywith the City's DMBE-certified 232 small business enhancement program. Documentation shall be placed in the file 233 detailing the reasons any work is not procured by publicly advertised competitive sealed 234 bidding. The Purchasing Agent may modify these contractual requirements in whole or 235 in part for projects where it would be fiscally advantageous to the public to increase the 236 amount of construction work performed by the Construction Manager. 237 238 h. Guaranteed Maximum Price (GMP): The GMP shall be established at the 239 completion of the working drawings unless a waiver has been granted by the Purchasing 240 Agent. 241 242 i. One-Step Solicitation: The Purchasing Agent may approve a one-step solicitation 243 for a project, if adequate written justification is provided. 244 245 Adopted by the Council of the City of Virginia Beach, Virginia, on the26tdBy of 246 June , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (0,_ szuv?,) Dept. of Finance/Purchasing . ? I /PZ itX, to ey's Office CA12308 R-1 June 14, 2012 -65- Item -V-K.8a/b ORDINANCES/RESOLUTIONS ITEM #61991 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. Funds from the Fifth Annual Virginia Beach Business Appreciation Charity Golf Classic and Netrvorking Reception and AUTHORIZE donations to MAS, Inc., The Global Studies and World Languages Academy at Tallwood High School and Friends of the Virginia Beach Library b. APPROPRIATE State revenues, TRANSFER funds and AUTHORIZE Deputy Sheriff positions in the Sheriffs FY 2012-13 Operating Budget Voting.• I1-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Troting Nay: None Council Members Absent: None June 26, 2012 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 RESULTING FROM THE FIFTH ANNUAL VIRGINIA BEACH 3 BUSINESS APPRECIATION CHARITY GOLF CLASSIC 4 AND NETWORKING RECEPTION, AND TO AUTHORIZE A 5 DONATION TO MACS INC., THE GLOBAL STUDIES AND 6 WORLD LANGUAGES ACADEMY AT TALLWOOD HIGH 7 SCHOOL, AND THE FRIENDS OF THE VIRGINIA BEACH 8 LIBRARY 9 10 WHEREAS, on May 14, 2012 , the Virginia Beach Development Authority and the 11 Department of Economic Development hosted the fifth annual Virginia Beach Business 12 Appreciation Charity Golf Classic and Networking Reception at the Virginia Beach 13 National Golf Club, which generated $15,000 that can be donated to local charitable 14 programs. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA, THAT: 18 19 1. $15,000 is hereby accepted and appropriated, with local revenues increased 20 accordingly, to the FY 2012-13 Operating Budget of the Department of Economic 21 Development for purposes of donation to local charitable programs; and 22 23 2. The contributed funds will be donated to MAS Inc., The Global Studies and 24 World Languages Academy at Tallwood High School, and Friends of the Virginia Beach 25 Library, which are organizations that provide services to the citizens of the City. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of June , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Ma agement Services ice CA12287 R-2 June 15, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AN ORDINANCE TO APPROPRIATE STATE REVENUES, TRANSFER FUNDS, AND AUTHORIZE EIGHT DEPUTY SHERIFF POSITIONS IN THE FY 2012-13 OPERATING BUDGET OF THE SHERIFF'S OFFICE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $248,592 is hereby appropriated, with revenue from the State increased accordingly, to the FY 2012-13 Operating Budget of the Sheriff's Office to fund a portion of the salary and fringe benefit costs associated with eight Deputy Sheriff positions; 2. $166,080 is hereby transferred from the FY 2012-13 General Fund Reserve for Contingencies to the FY 2012-13 Operating Budget of the Sheriff's Office to fund a portion of the salary and fringe benefit costs associated with eight Deputy Sheriff positions; 3. The total number of positions (FTEs) in the Sheriff's Office is increased by eight full-time positions; and 4. The effective date of this ordinance is July 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia on the 26th day of June 2012. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: VAfXWAz1_ IS . ? Ma gement Services CA12312 R-1 June 13, 2012 Approved as to Legal Sufficiency: -66- Ite»i -V-K.8c ORDINANCES/RESOL UTIONS ITEM #61992 Upon motion by Vice Mayor Jones, seconded by Councibnan Dyer, City Council ADOPTED, Ordinances to ACCEPT, APPROPRIATE and TRANSFER: c. TRAIVSFER funds within the FY2012-13 Economic Developtnent Operating Budget and AUTHORIZE additional full-time positions Voting: 8-3 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R`Bill " DeSteph, Harry E. Diezel and John D. Moss Council Members Absent.• None June 26, 2012 1 AN ORDINANCE TO TRANSFER FUNDING WITHIN THE 2 FY 2012-13 OPERATING BUDGET OF THE DEPARTMENT 3 OF ECONOMIC DEVELOPMENT AND TO AUTHORIZE 4 TWO ADDITIONAL FULL-TIME POSITIONS 5 6 WHEREAS, in the Adopted FY 2012-13 Operating Budget, City Council provided 7 $250,000 to the Department of Economic Development (the "Department") for various 8 prioritized initiatives to help diversify and grow the economy; and 9 10 WHEREAS, City Council liaisons worked with the Department and the Virginia 11 Beach Development Authority to best target the use of the Council funding, and 12 recommended the funding be used to establish an International Development Office, 13 and add two full-time positions to the Department of Economic Development; and 14 15 WHEREAS, of the $250,000 provided by Council, $87,929 is budgeted in the FY 16 2012-13 Operating Budget of the Department of Economic Development in the 17 appropriate spending account to establish an International Development Office. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA, THAT: 21 22 (1) Two full-time equivalent ("FTE") positions are hereby added to the FY 2012-13 23 Operating Budget of the Department of Economic Development, including one 24 (1) Business Development Representative II, and one (1) Business Development 25 Representative I; and 26 27 (2) $162,071 is hereby transferred within the FY 2012-13 Operating Budget of the 28 Department of Economic Development to fund the salaries, fringe benefits and 29 support costs of these two additional positions. Adopted by the Council of the City of Virginia Beach, Virginia on the 26th day of June , 2012. 30 APPROVED AS TO CONTENT: D AS,TO LEGAL SUFFICIENCY: ?d: ?? ' p ^ Ma agement ServiceCA12310 R-1 June 13, 2012 t t t ? o o ? c ? ao c Q ' o a m " - a = `° ' C: v a o - v c' o ° >? `t 4-1 a ? ? ? ? ? U 0 A f6 U ? ?- + LLJ -0 4-1 i? 0 4- ? f0 i ?. V Q. CL V 4-1 ?n ? ? Y M 4J ? ?n 0 `A O d0 O O UJ . p _ N t _ i C Q N hD c `^ i p M C ? ' j Q- Wp ?mV W i= - E N tA ? O N C. ? ? C C ? ? vf ? v v O ++ ?n ?Ln v? `? ?? C y ? 0 r- fl- ?n E ? N V- . ? a. ca -0 ,n ? - i Y ? (7 ? ? v E ? ? w ? C ? ? C > E 4? E p E .? GJ t a ? o 0 0 ? C: ? E -o 0 v E vi L 0 m m ^ ? :3 CU Q? 0 i W tC O Q 2 c 0 ? O C N O ,}? - Q v N ' ?o I? Ln --- u 3 > v a, N .+ L L.. + ° ' Q' v CLO c ? v v 4, L c -C ? c : o c ? N L v?+? F- W Q ? c a U ? 0 . N ? ? ? N ? N ? . . ?.... . = E L- Q S ? 4- V1 ? V Q ? .X .? O ? m N ? m C c m ? f? a Q ?"? -p +.. Z ca' W C: 0 L N v C4- D ? ? ? E M N _C ++ ? c6 vf 4-J Q1 U ? aJ . ,p -0 :'' .p v ? C C oc ? E ? Q ? Q ? ? ? ? N E O ? E '? v ? p ? ? E ? ? 41 C ? ? ? ? ++ 7 O ? ? V ? U ? Q- a° ? o .}?' ? ° M -d ? o ? + 2 > ? E ;g ° Q ° ? E Q > o Q ? ? a) : +- ? 3 ? ? r, s N4- c Q > ?+ v- W Uf E ? ? ? ? ? 3 ? a ? a? C c n -a c o V m ? O 0 C +1 ? F- ? "? N c6 ?n t/I V E ? CL) ? ^ ? ? ? ? N 4- O - ? C V O O ? - ? • ?f • N N , ? 0 0 ? (6 00 w fd C o O ? ? ? N ? * ? E E -N m .?.?.? V °p ° a, ? v . ;° = o„ 00 00 r a = • ° E ? W ? ?;? v >_ o n ? ? ao v a 3 0 ? v p t 0 ? ? C ? V i N ? _ ?,, O > 41 ? ?. a ? v?i ? ~ -C v ?-?- F- L O' a:+ ? vi ? ?' 3 C1 C ? 0 '? E M vf '0 a1 c 0 }, ? cn Q W '?= 0 o -p w C ? tv G O ? C '?'' N 4- ? C . 0 O N ca v ? v? co ? Q v ? •? ? U Q- W r? -? ? 0'? N 2 U •c 4J ? w ? W E n Q ? > V) -0 ?- L ? %O C N C O Q ? Q Q cp 0 Q? o . W OU.Q ? ? 4- U v ? w ? V ? LL N ? (6 ? M" Vw1 " > 00 7 V, > i= (O f6 01 5 L a O ? O' ? 0 C7 Q " 0 C t ? O t? ?? C a"' v?i 0 F- t?n v a vi ? ? +?+ u- O ? 3 ? ? '? wo ? 0 3 ao r . 4- ? . 7n p . ? bA E l% m. ?'0 (O m. i ? W W d 7 -67- Item -V-L PLANNING 1. FRED NEELEY ITEM #61993 2. BASILEIA EMPOWERING MINISTRIES/ GREGORYMEYERS 3. MADELINE F. BAILEY TRUST 4. STIHL, INCORPORATED 5. JAMES KENNEDY VI/ DAVID D. KENNEDY 6. REAL INVESTMENT ASSOCIATES, INC./ WILLIAM HENRY SA WYER 7. CITY OF VIRGINIA BEACH CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CHANGE OF ZONING CHANGE OF ZONING .Iune 26, 2012 -68- Item -V-L PLANNING ITEM #61994 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2, 3, 4, S, 6 and 7 of the PLANNING AGENDA. Council Lady Henley will vote verbal NAY on Item #5 Councilmen DeSteph and Moss will vote verbal NAY on Item #7 Voting.• 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R Dyer, Barbara M. Henley, Mayor William D. Sessoms, James L. Wood Council Members Voting Nay: None Council Members Absent: None "Bill " DeSteph, Harry E. Diezel, Robert M. Vice Mayor Louis R. Jones, John D. Moss, Jr., John E. Uhrin, Rosemary Wilson and June 26, 2012 -69- Itesn -V-L.1 PLANNING ITEM #61995 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of FRED NEELEY for a Conditional Use Permit (residential kennel) at 2732 Alameda Drive DISTRICT 7- PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of FRED NEELEY for a Conditional Use Permit (residential kennel) at 2732 Alameda Drive (GPIN 1493170450) DISTRICT 7- PRINCESS ANNE The following conditions shall be required: 1. No more than five (5) adult dogs (over six (6) months of age) shall be kept on the property at any one time. 2. The dog litter shall be picked up and disposed of on a daily basis. 3. The applicant shall maintain the dogs in a current status on all required vaccinations and shall properly license the dogs through the City of Virginia Beach. 4. Parking, as required by Section 223 of the City Zoning Ordinance, is satisfied by the existing parking spaces located on the property. No additional parking is required. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the Ciry of Virginia Beach, Virginia, on the Twenty-Sixth day of June, Two Thousand Twelve June 26, 2012 Ite?n -V-L.1 PLANNING Voting: 11-0 (By Consent) CouncilMembers VotingAye: Glenn R. Davis, William R. Dyer, Barbara M. Henley, Mayor William D. James L. Wood Council Members Yoting Nay: None Council Members Absent.• None Sessoms, -70- ITEM #6I995(Continued) "Bill" DeSteph, Harry E. Diezel, Robert M. Vice Mayor Louis R. Jones, John D. Moss, Jr., John E. Uhrin, Rosemary Wilson and June 26, 2012 -71- Item -V-L.2 PLANNING ITEM #6I996 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council APPROVED/CONDITIONED, BY CONSENT, Application of BASILEIA EMPOWERING MINISTRIES/GREGORY MEYERS for a Conditional Use Permit re child care at 1547 Amberley Forest Drive DISTRICT 2- KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of BASILEIA EMPOWERING MINISTRIES/GREGORY MEYERS foY a Conditional Use Permit re child care at 1547 Amberley Forest Drive (GPIN 14852 73852) DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Planning Department, the Fire Department and the Department of Social Services before operation of the facility and a business license is issued. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day ofJune, Two Thousand Twelve Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council MembeYS Absent: None June 26, 2012 -72- Item -V-K.3 PLANNING ITEM #61997 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of MADELINE F. BAILEY TRiIST for a Conditional Use Permit re an automotive repair garage, transmission shop and existing automotive repair at 176-180 Mac Street DISTRICT 4- BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of MADELINE F. BAILEY TRUST for a Conditional Use Permit re an automotive repair garage, transmission shop and existing automotive repair at 176-180 Mac Street (GPIN 1467931171) DISTRICT 4- BAYSIDE The following conditions shall be required: 1. All automotive repairs shall be performed inside the building. 2. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 3. There shall be no outside storage of equipment, parts or materials. 4. Parking shall not be permitted in front of the building. Fourteen (14) nine (9)- foot by eighteen (18) foot parking spaces shall be designated on the East side of the building. One (1) of those spaces shall be designated as a handicap accessible space and shall be delineated at eight (8) foot by eighteen (18) foot with an eight (8) foot by eighteen (18) foot access aisle adjacent to the space. This space shall be located at the closest entry to the building. This space and aisle shall also be improved with concrete or asphalt. 5. A row of evergreen shrubs, a minimum of three (3) feet in height, shall be planted along the outside of the fence that is parallel to Mac Street. 6. The applicant shall obtain a Certificate of Occupancy for the change of use from the Permits and Inspections Division of the Planning Department before the business license is issued. This Ordinance shall be effective in accordance with Section 107()9 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day of June, Two Thousand Twelve June 26, 2012 Item -V-L.3 PLANNING Voting: I1-0 (By Consent) Council Members Yoting Aye: Glenn R. Davis, William R. Dyer, Barbara M. Henley, Mayor William D. Sessoms, James L. Wood Council Members Voting Nay: None Council Members Absent: None -73- ITEM #61997(Continued) "Bill " DeSteph, Harry E. Diezel, Robert M. Vice Mayor Louis R. Jones, John D. Moss, Jr., John E. Uhrin, Rosemary Wilson and June 26, 2012 -74- Itein -V-L.4 PLANNING ITEM #61998 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of STIHL, INCORPORATED for a Conditional Use Permit to install a wind energy system at 536 Viking Drive DISTRICT 6- BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of STIHL, INCORPORATED for a Conditional Use Permit to install a wind energy system at 536 Viking Drive (GPIN 1496568967) DISTRICT 6- BEACH The following conditions shall be required: 1. The site shall be developed substantially in accordance with the submitted Plan entitled "Wind Turbine Location Exhibit, A Portion Of #536 Viking Drive, Property Owned By Stihl Incorporated, Virginia Beach, Virginia, " dated 2116112, and prepared by Hoggard /Eure Associates. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The WECS units shall be Windtronics Honeywell Wind Turbines, as submitted with the application. The manufactor's details are on file in the Planning Department. 3. The turbines shall not exceed a maximum of twelve (12) feet and four (4) inches in height above the roof level and a diameter of six (6) feet This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day ofJune, Two Thousand Twelve June 26, 2012 -75- Item -V-L.4 PLANNING ITEM #61998(Continued) Voting: 11-0 (By Consent) Council Members Poting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent: None June 26, 2012 -76- Itenz -V-L.S PLANNING ITEM #61999 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council APPROVED/CONDITIONED, BY CONSENT, Application of JAMES KENNEDY VI/DAVID D. KENNEDY for a Conditional Use Permit re a home occupation - sale of firearms, gunsmithing, assembly, accurizing, parts and service at 3505 Byrne Brae Drive DISTRICT 2- KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of JAMES KENNEDY VI/DAVID D. KENNEDYfor a Conditional Use Permit re a home occupation - sale of firearms, gunsmithing, assembly, accurizing, parts and service at 3505 Byrne Brae Drive (GPIN 1446992519) DISTRICT 2- KEMPSVILLE The following conditions shall be required: 1. The Conditional Use Permit for a home occupation - fireaYm sales, gunsmithing, assembling, accurizing as well as providing parts and service for firearms is approved for a period of one (1) year with an administrative review and renewal (if appropriate) every year thereafter. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct his business. 3. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 4. Not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 5. No employees shall be employed on the property associated with this home based business. 6. Delivery of firearms to the property shall be secured by only the applicant's signature. 7. The home occupation shall not create noise, dust, vibration, smell, smoke, glare electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Aclopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day ofJune, Two Thousand Twelve June 26, 2012 -77- Itefii -V-L.S PLANNING ITEM #61999(Continued) Voting.• 10-1 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Verbal Nay: Barbara M. Henley Council Members Absent: None June 26, 2012 -78- Itent -V-L.6 PLANNING ITEM #62000 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED AS PROFFERED, BY CONSENT, Application of REAL INVESTMENT ASSOCIATES, INC./WILLIAM HENRY SAWYER for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural to Conditional R-10 Residential re developing a single family residential development at 2283 Princess Anne Road DISTRICT 7- PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of REAL INVESTMENT ASSOCIATES, INC./WILLIAM HENRY SAWYER for a Change of Zoning District Classification from AG-I and AG-2 Agricultural to Conditional R-10 Residential re developing a single family residential development at 2283 PYincess Anne Road (GPIN 2404720705) DISTRICT 7- PRINCESS ANNE The following conditions shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day ofJune, Two Thousand Twelve TTOting: I1-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M. DyeY, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Tjoting Nay: None Council Members Absent: None June 26, 2012 -79- Item -V-L.7 PLANNING ITEM #62001 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council APPROVED BY CONSENT, Application of CITY OF VIRGINIA BEACH for a Change of Zoning District Classification from R-7.5 Residential and H-1 Hotel to P-1 Preservation to construct a two-story facility with improvements to parking, circulation, stormwater and site amenities at Bow Creek Recreation Center, 3427 Club House Road DISTRICT 3- ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CITY OF VIRGINIA BEACH for a Change of Zoning District Classification from R-7.5 Residential and H-1 Hotel to P-1 Preservation to construct a two-story facility with improvements to parking, circulation, stormwater and site amenities at Bow Creek Recreation Center, 3427 Club House Road (GPIN 1486881482; 1486788331; 1486789601) DISTRICT 3 - ROSE HALL This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day ofJune, Two Thousand Twelve Tjoting: 9-2 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Verbal Nay. William R`Bill " DeSteph and John D. Moss Council Members Absent: None June 26, 2012 -80- ITEM V-M APPOINTMENTS ITEM #62002 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ARTS AND HUMANITIES COMMISSION BOARD OF B UILDING CODE APPEALS COMMUNITY SER VICES BOARD HUMAN RIGHS COMMISSION TRANSPORTATION DISTRICT COMMISSIDN OF HAMPTON ROADS (HRT) June 26, 2012 -81- Item -V-M APPOINTMENTS ITEM #62003 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Charles Guthrie, At Large Patricia Keeley, Rose Hall Wesley B. Laine, Beach 3 year term 0710112012 - 0613012015 BEACHES AND WATERWAYS COMMISSION and APPOINTED: Paul Hammaker, Centerville 3 year term 0710112012 - 06-301201 S BEACHES AND WATERWAYS COMMISSION Yoting: I1-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M. DyeY, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 26, 2012 -82- Iten: -V-M APPOINTMENTS ITEM #62004 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Brady S. Viccello, Lynnhaven 3 year term 0710112012 - 0613012015 BEACHES AND WATERWAYS COMMISSION Voting: 10-1 (By Consent) Council Members Yoting Aye. Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill " DeSteph Council Members Absent: None June 26, 2012 -83- Item -V-M APPOINTMENTS ITEM #62005 Upon NOMINATION by Vice Mayor Jones, Ciry Coufzcil APPOINTED: Kimberly S. Shuler 3 year term 0710112012 - 0613012015 BIKEWAYS and TRAILS ADVISORY COMMITTEE Voting.• 11-0 (By Consent) Council Members Yoting Aye: Glenn R. Davis, YVilliam R`Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 26, 2012 -84- Item -V-M APPOINTMENTS ITEM 962006 Upon NOMINATION by Vice MayoY Jones, City Council APPOINTED: Sharon Weeks Unexpired thru 0813112013 plus 3 years 0910112013 - 0813112016 PARKS and RECREATION COMMISSION Voting: I1-0 (By Consent) Council Members TTOting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 26, 2012 -85- Item -V-M APPOINTMENTS ITEM #62007 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Earnest A. Cooper, Jr. 3 year term 0610112012 - 051311201 S TOWING ADVISORY BOARD Yoting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members VotingNay: None Council Members Absent: None June 26, 2012 -86- Item -V-M APPOINTMENTS ITEM #62007 Upon NOMINATION by Vice Mayor Jones, Ciry Council APPOINTED: William E. Curtis, Jr., USN, Retired THE SOUTHEASTERN TIDEWATER OPPOR TUNITY PR OJE CT, INC. (STOP) Voting.• 11-0 (By Consent) Cozincil Members Yoting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 26, 2012 -87- Iteni -V-M APPOINTMENTS ITEM #62008 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Robert "Bob" Williams Unexpired term thru 1213112015 VIRGINIA BEACH COMMUNITYDEVELOPMENT CORPORATION Yoting.• 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent: None June 26, 2012 -88- Item -V-P ADJOURNMENT ITEM #62009 Mayor William D. Sessoms DECLARED the Ciry Council Meeting ADJOURNED at 8:02 P.M. Amanda Finley-Barnes, C Deputy City Clerk 4th Hodges Fraser, MMC City CleYk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor June 26, 2012