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HomeMy WebLinkAboutAUGUST 14, 2012 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR W/LL/AM D. SESSOMS. JR., A[-Laige V/CE MAYOR LOUIS R. JONES, Bnvside - District 9 G/.ENN R. DAVIS, Rose Hal! - Dish•ict 3 W/LLlAM R. DeSTE'PH, At-Lnrge HARRY E. DIEZEL, Kenipsville - Dish-ic! 2 ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Arrixe Distric! 7 JOHND.MOSS, At-La-ge JOHN E. UHRlN, &each - District 6 ROSEMARY WlLSON, At-Lnrge JAMES L. WOOD, Lvnnhnveii -District 5 CITY COUNCIL APPOINTEES C/TY MANAGER - JAMES K. SPORE C/TYATTORNEY MARKD. ST/LES CITY COUNCIL AGENDA C/TY ASSESSOR - JERALD D. BANAGAN CITYAUD/TOR-LYNDONS. REMIAS 14 Au USt ZO1Z CITY CLERK -- RUTN HODGES FRASER, MMC g L CITY COUNCIL BRIEFING - Conference Room A. GASB 45 ACTUARIAL VALUATION Lyndon Remias, City Auditor II. CITY MANAGER'S BRIEFINGS A. SPOT BLIGHT Andrew Friedman - Director, Housing and Neighborhood Preservation B. EROSION and SEDIMENTATION Program Steve Herbert, Deputy City Manager C. CITY COUNCIL LIAISONS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VL INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL CITYHALL BUILDlNG 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MALG: Crycncl@vbgov.com 3:30PM 5:00 PM C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. 1NVOCATION: Reverend James M. Pugh, Jr. Pastor, Rugged Cross Cowboy Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS July 10, 2012 G. FORMAL SESSION AGENDA l. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. 2012 MAYOR'S CUP - American Red Cross - Award to the City of Virginia Beach Page Gambill, President and CEO of the Mid-Atlantic Region 2. LJNITED WAY OF SOUTH HAMPTON ROADS - Award to the City of Virginia Beach Carol McCormack, CEO 3. VIRGINIA BEACH CRIME SOLVERS - 301h Anniversary 4. GFOA EXCELLENCE IN FINANCIAL PLANNING Patricia Phillips - Director, Finance 1. PUBLIC HEARINGS: 1. REAL and PERSONAL PROPERTY TAX - Exemptions a. Fit For Purpose Ministry, Inc. b. Love and Caring for the Homeless, Ltd c. Vanguard Landing, Inc. d. Virginia Musical Theatre, Inc. 2. PUBLIC EASEMENT - Vacation Salem Lakes Subdivision 3. POLLING CHANGES - Location Changes Brookwood and Lynnhaven Precincts J. PUBLIC COMMENT HILLTOP - SGA K. ORDINANCES/RESOLUTIONS l. Ordinances to AMEND the City Code: a. §2-2.47 re deletion of certain responsibilities of the Department of Management Services b. §25-1 re definition of Junk Dealers, Pawnbrokers and Secondhand Dealers c. §10-1 re change in the Polling location of Brookwood and Lynnhaven Precincts d. §§35-3, 35-3.1, 35-26, 35-41, 35-63, 35-73 and 35-80.1 and ADD §35-42 re responsibilities of the Real Estate Assessor and the Commissioner of the Revenue 2. Ordinances to EXEMPT from Real and Personal Property Taxation: a. Fit for Purpose Ministry, Inc. b. Love and Caring for the Homeless, Ltd. c. Vanguard Landing, Inc. d. Virginia Musical Theatre, Inc 3. A Resolution to RECONSTITUTE the Investigation Review Panel 4. Ordinance to AUTHORIZE a Cooperative Agreement between the City Council/the School Board and Administration re Legal Services by the City Attorney for Fiscal Year 2013 5. A Resolution to AUTHORIZE a Performance Contract between the Community Services Board (CSB) and the Commonwealth of Virginia re Mental Health Services and funding 6. Ordinance to AUTHORIZE the City Manager to EXECUTE documents to vacate pedestrian access easements around the lakes of Salem Lakes Subdivision 7. Ordinance to CORRECT the effective date of an Ordinance adopted June 26, 2012, re Deputy Sheriff positions from July 1, 2013, to July 1, 2012, authorized by the State Compensation Board 8. A Resolution to APPOINT Sandy M. Madison to the position of Deputy City Clerk II 9. Ordinance to AUTHORIZE temporary encroachments into the portions of the public right-of-way (DISTRICT 4 - BAYSIDE): a. COWLES M. SPENCER, JR. re bulkhead, stairs, platform, and elevated open pile walkway at 4926-A Lauderdale Avenue b. STEPHEN D. HALLIDAY re bulkhead, stairs, platform elevated open pile walkway at 4926- B Lauderdale Avenue 10. Ordinances to APPROPRIATE funds to provide Interest Free Loans re purchase and replacement of ambulances: a. Kempsville Rescue Squad, Inc. -$80,000 b. Virginia Beach Volunteer Rescue Squad, Inc. -$375,000 c. Plaza Volunteer Rescue Squad -$75,000 d. Princess Anne Courthouse Volunteer Rescue Squad and Fire Department, Inc. -$15,000 11. Ordinances to ACCEPT and APPROPRIATE: a. $119,249 from the Edward Byrne Justice Assistance Grant (JAG) to Police, Sheriff, Courts and Community Corrections b. $60,000 from the Virginia Department of Criminal Justice Services (DCJS) to Human Services re Pre-Trial Probation Officer I part-time positions and contracted manpower c. $56,730 from the Edward Byrne Justice Assistance Grant (JAG) with a$6,3041oca1 match re a system-wide evaluation of the Juvenile Probations Services d. $25,000 from the Virginia Department of Criminal Justice Services to Human Services re Juvenile delinquency e. $25,000 from the Virginia Department of Criminal Justice Services to Police re child pornography L. PLANNING 1. Application of PARKWAY ESTATES, LLC for a Floodplain Variance re single family lots at Townfield Lane south of Nimmo Parkway (DISTRICT 7- PRINCESS ANNE) (re a CUP approved October 23, 2007) RECOMMENDATION: APPROVAL 2. Application of WEBSTER R. and MARY ELIZABETH LAWLER for a Variance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 6902 Atlantic Avenue (DISTRICT 5- LYNNHAVEN) STAFF RECOMMENDS PLANNING COMMISSION RECOMMENDS DENIAL APPROVAL 3. Application of TENCH H. PHILLIPS, JR. for a Conditional Use Permit Modification re site and building improvements for automobile sales and service at 4949 Virginia Beach Boulevard (Approved by City Council on August 25, 1995) (DISTRICT 4- BAYSIDE) RECOMMENDATION: APPROVAL 4. Application of MICHAEL J. BARRETT/SALT MEADOW BAY, LLC, for a Modification of Proffers Nos. 1, 3, and 4 re townhouses at Barberton Drive and Oakland Avenue (DISTRICT 6- BEACH) RECOMMENDATION: APPROVAL 5. Application of TGM REALTY INVESTORS, INC./TECHNOCENTER ASSOCIATIONS, LLC for a Conditional Use Permit re a private college (Stratford University) at 555 South Independence Boulevard (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROVAL 6. Application of RESERVE INVESTMENTS II, INC./BILL SMITH, ETAL, TRUSTEES FOR ARAGONA CHURCH OF CHRIST for a Change of Zoning District Classification, from PDH- 2 Planned Unit Development Overlay District to P-1 Preservation District at 527 Witchduck Road (DISTRICT 4 - BAYSIDE) RECOMMENDATION: APPROVAL 7. Application of COURTHOUSE GREEN, LLC for a Chan e of Zoning District Classification, from R-SD (Conditional PD-1-12) District to P-1 Preservation District at 2504 North Landing Road (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: L. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION 1NVESTIGATIVE REVIEW PANEL PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE - COG M. UNFINISHED BUSINESS N. NEW BUSINESS APPROVAL 0. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each speaker will be allowed 3 minutes and each subject is limited to 3 speakers 2012 C/TYHOLIDAYS Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Thanksgiving Monday, December 24 day) Tuesday, December 25 Labor Day Veteran's Day Thanksgiving Day Day After Christmas Eve (half- Christmas Day If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 -1- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 14, 2012 Vice Mayor Louis R. Jones called to order the CITY COUNCIL'S BRIEFINGS re GASB 45 ACTUARIAL VALUATION, in the City Council Conference Room, Tuesday, August 14, 2012, at 3:30 P.M. Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R Jones, John D. Moss, John E. Uhrin and Rosemary Wilson. Council Members Absent.• Mayor William D. Sessoms, Jr. Family Medical Emergency James L. Wood Family Vacation August 14, 2012 -2- CITY COUNCIL'S BRIEFING GASB 45 ACTUARIAL VAL UATION 3:30 P.M. ITEM #62078 Vice Mayor Jones introduced and welcomed Lyndon Remias, City Auditor. Mr. Remias provided his offtce's Annual Report, as required by Charter, and acknowledged the Staff for their hard word. Mr. Remias introduced Chris Ford, Deputy City Auditor. Mr. Ford presented the Audit of GASB 45. • To determine if the valuation of the City/Schools' Governmental Accounting Standards Board Statement 45 (GASB 45) liability and the underlying assumptions are reasonable. 2 August 14, 2012 -3- CITY COUNCIL'S BRIEFING GASB 45ACTUARIAL VALUATION ITEM #62078(CONTINUED) • GASB 45 requires accrual basis accounting for Other Post-Employment Benefits (OPEB) liability recognition • Choice whether to fund - So far, we have funded • 2008, 2009, 2010, 2011 - We contributed around $8 million per year to the Trust OPEB - Retiree Health Care • The $33 million in contributions held in Virginia Pooled OPEB Trust - Include approximately $6 million in unrealized gains for a total value of $39 million • Contribute annually -Perform the valuation every 2 years as al lowed -Saves approximately $30,000 3 4 August 14, 2012 -4- CITY COUNCIL'S BRIEFING GASB 45ACTUARIAL VALUATION ITEM # 62 0 78 (CONTINUED) RctuarialAccrued Liability (At\L) $170,625,600 Actuanal value qf OPEB taenefits alreadyeamed by-past service less Actuarial Value of Assets ($38.288,300) Value af CitylSchool contributions (AVA) & earnings held in trust Unfunded AAC $132,337,500 Unfunded pQrtion of tiability ' Amortized Over 30 years $10,423,400 Amortized portion of liability Normai Gost $5,429,000 Cost of OPEB being earned by empioyees for current year" interestto end of Year $583,700 interest Annual Required Contribution S18,438.100 f Required Amount Needed tofund ?(ARC) currentyeariiability Less: PAYGO-Expected Current {512,440,100} Estimated retiree ciaims & costs Year Retiree Cost paid for 2012 Cash Needed ta Fuily Fund ARC $3,998,000 Cash contnbuiion needed tn fund ARC August 14, 2012 -5- CITY COUNCIL'S BRIEFING GASB 45 ACTUARIAL VALUATION ITEM # 62 0 78 (CONTINUED) • Actuarial, nof accounting calculatian • The Annual Required Contribution (ARC) is the 1. amartization of the unfunded actuarial liability 2. narmal cost of the benefits currently earned this year by active empioyees 7 • The way we pay the ARC is by paying current claims and benefits of retirees for the year; and, by contributing an amount to the Trust far future claims. • Our review has been beneficial during these tough budget times. 8 August 14, 2012 -6- CITY COUNCIL'S BRIEFING GASB 45 ACTUARIAL VAL UATION ITEM #62078(CONTINUED) • 2009 - Lowered the ARC by $800,000 -Actuaries did not include original $8.9 million contribution to trust - Had used Monthly retiree contribution as a Yearly total for a significant number or retirees In 2009, the ARC was reduced by $800, 000 as the Actuaries did not include the original $8.9 -MILLION contribution to the Trust and had used a monthly Retiree contribution as a yearly total for a signiftcant number of Retirees. • 2010 - Lowered the ARC by $920,000 • Mercer used general assumption rate of 48% for retiree spousal participation - Actual retiree spousal participation rate 32%- • This lowered the ARC approximately $900,000 • Discovered the actuary had reversed the spousal status of the double employee subscribers • Saved another $20,000 ,o In 2010, the actual Retiree spousal participation rate (3201o) was much lower than that of Mercer's general assumption rate of 48%. Mercer agreed and the ARC was reduced by $900, 000. In addition, the City saved an additional $20, 000 by noting the Actuary had reversed the spousal status of the double employee subscribers August 14, 2012 -7- CITY COUNCIL'S BRIEFING GASB 45 ACTUARIAL VALUATION ITEM #62078(CONTINUED) • 2012 - Three (3) Significant Findings 1} Remaval of Line of Duty (LOD) benefits and spouses only receiving dental insurance - Savings of $178,000 2) The use of actual non-claim expenses as opposed to a random 10% add-on - Savings of $1,001,863 11 • 2012 - Three (3) Significant Findings 3) Change the estimate of 2012 benefits paid from calendar to fiscal year -- This did nat change the overafl ARC. ,2 August 14, 2012 -8- CITY COUNCIL'S BRIEFING GASB 45 ACTUARIAL VALUATION ITEM #62078(CONTINUED) • These three finding reduced the ARC by approximatefy $1,180,000 • These corrections not only save far the current year but going forward as we11 13 , OPES TrUst ej ?5c?mnmY 3*1110,-3131112 Activlty i Cost Market Balance,3131(10 $17,328,448.25 $19,061,850.93 Agrees with prior WPS&3/31I10 Statement Contributions $15;920,008:40 $15;920,008.00 2010 & 2011 Gontri6utians ' Earnings S9,247.46 $4,824,899.18 Market earnings are unrealized gains Fees -$69,354:23 -$65,354.23 Fees Balance, 3131t12 $33,188,349.48 $39,737,403.88 Agrees with 3/31112 Trust Statement ia August 14, 2012 -9- CITY COUNCIL'S BRIEFING GASB 45ACTUARIAL VALUATION ITEM #62078(CONTINUED) 9.000,000. 00 8,000,000. 00 7,000.000. 00 s;ooo,oao. oo 5.oao,000. ' 00 4,000,000. ' 00 3,000,000 .00 j 2,000,000 .00 ' 1.Od0,000 .00 0 .00 2008 2009 15 August 14, 2012 2010 2011 2012 -10- CITY COUNCIL'S BRIEFING GASB 45 ACTUARIAL VAL UATION ITEM # 62 0 78 (CONTINUED) The valuation af the City/Schoals' GASB 45 liability and the underlying assumptians are reasonable as presented in the revised version of the valuation dated August 2012. 17 18 August 14, 2012 -11- CITY MANA GER'S BRIEFING SPOT BLIGHT 3:58 P.M. ITEM #62079 Ciry Manager Jim Spore introduced Andrew Friedman, Director, Housing and Neighborhood Preservation. Mr. Friedman stated the purpose of this Briefing is to give the City Council options, and based on City Council's direction, an Ordinance will be presented on August 28rn PtTRPOSF OF r1.l ODAY'S I3RIEFINCT i_ To provide an update on the progress of this case which was originally presented to Council on June 26, and again on July 3 To present options to Council for obtaining compliance s Obtain guidance from the Council on which option to pursue 0 August 14, 2012 -12- CITY MANA GER'S BRIEFING SPOT BLIGHT ITEM #62079(Continued) I'r,oPrPTY LNTFO & C:?SE HisToRY Located in Charlestown Lakes off Kempsville Rd by Centerville Tpke ? Vacant for 1.5 years ° Community is highly concerned ° Neither Bank of America or the previous owner will take responsibility : Structure was condemned on 1/18/12 Interior is uninhabitable - Interior surfaces and fixtures have been destroyed Minor exterior code violations exist August 14, 2012 -13- CITY MANA GER'S BRIEFING SPOT BLIGHT ITEM #62079(Continued) The slide below provides updated information regarding the property owner and the bank.• UPDATED INFORNLkTI4N 11Bt7UT THE PR.OPERTY OWNER AN-D I3ANK * As reported on June 26, Bank of America (BOA) has made some exterior repairs ' * However, the bank states that they do not hold the mortgage and therefore are not in a position ' to invest additional funds in the property .? BOA has requested that the owner release the deed to them in lieu of foreclosure r.. Most recently, she had declined to do so This slide provides updated information regarding the City's approach for resolving the problems with this property: :'. j 7YDATliD C'I'I'Y r1YPR0_ACIi <> We are re initiating Court ^ction ^e^inst the owner of recor , since she has not cooperated in getting the property returned to the bank a We are re ardinvthat wP nroceed with demolition of *he aropertv because there is no other foreseeable short- term fix i We have advised the owner of our plans and she states she will reconsider whether she will turn in the deed Pending any action on her part, we recommend movine forward with demolition unless we confirm that the owner has turned over the deed to the bank nrior to demolition• and th t the bank has given us a nlan for the rn onertv that the Council finds accgptable. c> Community is still unhappy because the structure is unsightly August 14, 2012 -14- CITYMANAGER'S BRIEFING SPOT BLIGHT ITEM #62079(Continued) WxAT Cc>vsr'iT[?'PEs a "Rl,zcrxTli,D Ph,OPli.'R7'Y?" o 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 0 The following slides provide options for City Council to consider: AB11TEMENT UPTION l- REPAIR ONLY v The city would contract for remaining exterior repairs August 14, 2012 -17- CITYMANAGER'S BRIEFING SPOT BLIGHT ITEM #62079(Continued) i CC)S'I' I+'OR OP'I'ION 3- D EMOLITTON .. IEBID ....;. -' F?1UliRE. : :EiP1&AAEiOA ? Adverfieing.leBa4aPpraisaland ;.$2,000 ?Titleseareh,:ePPreieal,ete. . hoid.n8'cuete . . .. Eetimated demohWon coat ? $IO,OW . .. Contingencyfnrunanticipated $ 2;500 Additionelebatementanddemotition , expenses asaeesment coete Total Prolect Coat . . . . ;19,600 ' Staff recommends DEMOLITION of this property: STI'iFF RECOh-ZMENDATION- DEMt7LITION c Approve an ordinance declaring the blighted property a nuisance ra Authorize a transfer of $14,500 to the DHNP operating budget to carry out the demolition o Upon Council direction, staff will prepare the necessary ordinances for Council action on August 28, 2012 0 August 14, 2012 -18- CITY MANA GER'S BRIEFING SPOT BLIGHT ITEM # 62 0 79 (Co n tin u ed) August 14, 2012 -19- CITYMANAGER'S BRIEFING SPOT BLIGHT ITEM #62079(Continued) August 14, 2012 -20- CITY MANA GER'S BRIEFING SPOT BLIGHT ITEM #62079(Continued) August 14, 2012 -21- CITYMANAGER'S BRIEFING SPOT BLIGHT ITEM #62079(Continued) August 14, 2012 -22- CITY MANA GER'S BRIEFING SPOT BLIGHT ITEM #62079(Continued) Council Questions and Discussion Vice Mayor Jones thanked Mr. Friedman and his Staff for their work on this property. August 14, 2012 -23- CITY MANA GER'S BRIEFING EROSION and SEDIMENTATION Program 4:12 P.M. ITEM #62080 City Manager, James Spore introduced Steve Herbert, Deputy City Manager. Mr. Herbert acknowledged the Team Members who participated in this Program Below is a summary of the Program: August 14, 2012 -24- CITY MANA GER'S BRIEFING EROSION and SEDIMENTATIONProgram ITEM #62080(ContisZUed) August 14, 2012 -25- CITY MANA GER'S BRIEFING EROSION and SEDIMENTATIDN Program ITEM #62080(Continued) The four (4) Areas of Evaluation are identified below: August 14, 2012 -26- CITY MA NA GER'S BRIEFING EROSION and SEDIMENTATIONProgram ITEM #62080(Continued) August 14, 2012 -z7- CITYMANAGER'S BRIEFING EROSION and SEDIMENTATIONProgram ITEM #62080(Continued) August 14, 2012 -zs- CITYMANAGER'S BRIEFING EROSION and SEDIMENTATION Program ITEM #62080(Continued) August 14, 2012 -29- CITY MANA GER'S BRIEFING EROSION and SEDIMENTATION Program ITEM #62080(Continued) E.o. .oa ,na sea;-r con,.bl cECC) r-z- cor.e?.- a,ao,, rls.. ror en. u-top,oeat s-u-s cenr- August 14, 2012 -30- CITY COUNCIL LIAISON REPORTS 4: 40 P.M. ITEM #62081 Councilman Dyer is a Member of the Governor's Local Government Unfunded Mandate Review Task Force. The City is hosting the next meeting, scheduled for September 17`", at the Virginia Aquarium. Mr. Dyer is excited to showcase one of the City's well known amenities. ITEM #62082 Councilman Davis stated the Virginia Destroyer's schedule was released and October ls` is the first home game. The Destroyer's have relocated their residency to Virginia Beach and estimated 4,600 rooms will be utilized as a result of the Virginia Destroyer's lodging. ITEM #62083 Councilman DeSteph stated Bikeways and Trails met yesterday and they will have two (2) recommendations for the Legislative Package. The construction of the North Side of the bike trail thru Sea Shore State Park should be completed by January 2013. Also, the Community Development Corporation had their Board Meeting and he is concerned about a comment Andy Friedman made regarding Witchduck Road project. City Manager Spore stated the same question was asked by Councilman Moss and Mr. Friedman submitted a"correction " to those Minutes. August 14, 2012 -31- CITY COUNCIL COMMENTS 4: SO P.M. ITEM #62084 Councilman Moss stated he provided a Memo regarding accelerating the FY Budget process. Also, Councilman Moss requested Staff provide the number of unexecuted FTE's that were appropriated. Approximately $14-Million was included for unexecuted FTE's payroll. Councilman Moss is hopeful to begin serious discussion regarding the Budget way before the Tuesday prior to the vote. Lastly, Admiral Harvey's Change of Command Ceremony is scheduled for September 14'h. Admiral Harvey has been a"good friend " to the Ciry. He was very active in persuading the General Assembly for the $IS-Million for BRAC. He also personally visited the site immediately after the Good Friday plane crash at Mayfair Mews Apartments. ITEM #62085 Councilman DeSteph mirrored Councilman Moss's statement regarding accelerating the Budget process. Mr. DeSteph stated the majority of the information is put together in November. Councilman DeSteph expressed concerns regarding the Human Services Review. He cannot support and is not comfortable with some of the recommendations. Well trained child advocates should be able to pick up abuse without going to such extreme measures. ITEM #62086 Councilman Davis stated he would like to see Budget numbers earlier if the numbers are "reasonable ". The City cannot anticipate funding from the General Assembly and to accelerate the Budget process would require a lot of cooperation from the State. August 14, 2012 -32- AGENDA REVIEW SESSION 4: SS P.M. ITEM #62087 BY CONSENSUS, the following shall compose the CONSENT AGENDA: I. ORDINANCES/RESOL UTIONS 1. Ordinances to AMEND the Ciry Code: a. §2-2.47 re deletion of certain responsibilities of the Department of Management Services b. ,¢25-1 re definition of Junk Dealers, Pawnbrokers and Secondhand Dealers c. §10-1 re change in the Polling location of Brookwood and Lynnhaven Precincts d. §§35-3, 35-3.1, 35-26, 35-41, 35-63, 35-73 and 35-80.1 and ADD §35-42re responsibilities of the Real Estate Assessor and the Commissioner of the Revenue 2. Ordinances to EXEMPT from Real and Personal Property Taxation: a. Fit for Purpose Ministry, Inc. b. Love and Caring for the Homeless, Ltd. c. Vanguard Landing, Inc. d. Virginia Musical Theatre, Inc 3. A Resolution to RECONSTITUTE the Investigation Review Panel 4. Ordinance to AUTHORIZE a Cooperative Agreement between the City Council and the School Board and Administration re Legal Services by the City Attorney for Fiscal Year 2013 5. A Resolution to AUTHORIZE a Performance Contract between the Community Services Board (CSB) and the Commonwealth of Virginia re Mental Health services and funding 6 Ordinance to AUTHORIZE the City Manager to EXECUTE documents to vacate pedestrian access easements around the lakes of Salem Lakes Subdivision 7. Ordinance to CORRECT the effective date of an Ordinance adopted June 26, 2012, re Deputy Sheriff positions from July 1, 2013, to July 1, 2012, authorized by the State Compensation Board 8. A Resolution to APPOINT Sandy M. Madison to the position of Deputy City Clerk II 9. Ordinance to AUTHORIZE temporary encroachments into the portions of the public right- of-way (DISTRICT 4 - BAYSIDE): a. COWLES M. SPENCER, JR. re bulkhead, stairs, platform, and elevated open pile walkway at 4926-A Lauderdale Avenue b. STEPHEN D. HALLIDAY re bulkhead, stairs, platform elevated open pile walkway at 4926-B Lauderdale Avenue 10. Ordinances to APPROPRIATE funds to provide Interest Free Loans re purchase and replacement of ambulances: August 14, 2012 -33- AGENDA REVIEW SESSION ITEM #62087 (Continued) a. Kempsville Rescue Squad, Inc. -$80, 000 b. Virginia Beach Volunteer Rescue Squad, Inc. -$375, 000 c. Plaza Volunteer Rescue Squad -$75, 000 d. Princess Anne Courthouse Volunteer Rescue Squad and Fire Department, Inc. - $I5,000 11. Ordinances to ACCEPT and APPROPRIATE: a. $119,249 from the Edward Byrne Justice Assistance Grant (JAG) to Police, Sheriff, Courts and Community Corrections b. $60, 000 from the Virginia Department of Criminal Justice Services (DCJS) to Human Services re Pre-Trial Probation Officer I part-time positions and contracted manpower c. $56, 730 from the Edward Byrne Justice Assistance Grant (JAG) with a$6, 304 local match re a system-wide evaluation of the Juvenile Probations Services d. $25, 000 from the Virginia Department of Criminal Justice Services to Human Services re Juvenile delinquency e. $25, 000 from the Virginia Department of Criminal Justice Services to Police re child pornography Item #1 b will be AMENDED to define "tools" Item #3 will be AMENDED to ESTABLISH the INVESTIGATION REVIEW PANEL and ELIMINATE THE COMPENSATION OF THE PANEL Item #6 will be considered separately as speakers are registered. August 14, 2012 -34- AGENDA REVIEW SESSION ITEM #62088 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: J. PLANNING 1. Application of PARKWAY ESTATES, LLC for a Floodplain Variance re single family lots at Townfield Lane south of Nimmo Parkway (DISTRICT 7- PRINCESS ANNE) (re a CUP approved October 23, 2007) 2. Application of WEBSTER R. and MARY ELIZABETH LAWLER for a Yariance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 6902 Atlantic Avenue (DISTRICT S- LYNNHAVEN) 3. Application of TENCH H. PHILLIPS, JR. for a Conditional Use Permit Modi acation re site and building improvements for automobile sales and service at 4949 Virginia Beach Boulevard (Approved by Ciry Council on August 25, 1995) (DISTRICT 4- BAYSIDE) 4. Application of MICHAEL J. BARRETT/SALT MEADOW BAY, LLC, for a Modification of Proffers Nos. 1, 3, and 4 re townhouses at Barberton Drive and Oakland Avenue (DISTRICT 6- BEACH) 5. Application of TGMREALTYIIWESTORS, INC./TECHNOCENTER ASSOCIATIONS, LLC for a Conditional Use Permit re a private college (Stratford Universiry) at 555 South Independence Boulevard (DISTRICT 2 - KEMPSVILLE) 6 Application of RESERVE INVESTMENTS II, INC./BILL SMITH, ETAL, TRUSTEES FOR ARAGONA CHURCH OF CHRIST for a Change of Zoning District Classi acation, from PDH-2 Planned Unit Development Overlay District to P-1 Preservation District at 527 Witchduck Road (DISTRICT 4- BAYSIDE) 7. Application of COURTHOUSE GREEN, LLC for a Classi ication, from R-SD (Conditional PD-112) District to 25041Vorth Landing Road (DISTRICT 7- PRINCESS ANNE) Item #S will be deferred to Septerrtber 11, 2012 Councilrrzan Moss will vote a verbal NAY on Item #6 Mayor Sessoms will ABSTAIN on Item #7 Change of Zoning? District P-1 Preservation District at August 14, 2012 -35- ITEM#62089 Mayor William D. Sessoms, Jr., entertained a motion to permit Ciry Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) " 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 Princess Anne District August 14, 2012 -36- ITEM#62089(Contin ued) Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSIONat S:OSP.M. Voting.• 9-0 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, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. and James L. Wood (Break: (Closed Session: S: 07 S:OS P.M. 5:11 P.M.) 6: 00 P.M.) August 14, 2012 -37- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 14, 2012 6: 00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITYCOUNCIL in the City Council Chamber, CityHall, on Tuesday, August 14, 2012, at 6: 00 P.M. Council Members Present: 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 and Rosemary Wilson Council Members Absent.• James L. Wood Family Yacation INVOCATION.• Reverend James M. Pugh, Jr. Pastor, Rugged Cross Cowboy Church PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before Ciry 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 Ciry 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 Ciry Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. August 14, 2012 -38- Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of Apri110, 2007, is hereby made a part of the record. 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 letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter ofJanuary 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 year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of.7anuary 27, 2004, is hereby made a part of the record. August 14, 2012 -39- Item -VII-E CERTIFICATION ITEM #62090 Upon motion by Councilman Moss, seconded by Councilman Dyer, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones stated a"VERBAL AYE ", John D. Moss, John E. Uhrin and Rosemary Wilson Council Members Voting Nay.• None Council Members Absent: James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. August 14, 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 recorded in ITEM #62089 Page 36, 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 requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. -?A/ th Hodges Fraser, MMC City Clerk August 14, 2012 -40- Item -VII-F.1 MINUTES ITEM #62091 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of July 10, 2012. Voting.• 10-0 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 and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood August 14, 2012 -41- Item -VII-H.1 MAYOR'S PRESENTATIONS ITEM #62092 2012 MAYOR'S CUP-American Red Cross -Award to the City of Virginia Beach Page Gambill, President and CEO of Mid-Atlantic Region Ms. Gambill presented Mayor Sessoms the 2012 Mayor's CUP. The City won this award in 2007 as well. City Employees gave 398 units of blood. Thirteen blood drives were held, 7% of City Employees participated and gave life saving products for over 800 people. Deputy City Manager Herbert is a Member of the Board of Directors. Ms. Gambill thanked the Mayor and Members of City Council for their continued support of the Amercian Red Cross. Mayor Sessoms thanked Ms. Gambill for her efforts and the City Employee's for their generous participation. August 14, 2012 -42- Item -VII-H.2 MAYOR'S PRESENTATIONS ITEM #62093 UNTIED WAYOFSOUTHHAMPTONROADS-Award to the City of Virginia Beach Carol McCormack, CEO Ms. McCormack presented Mayor Sessoms with an Award from United Way of South Hampton Roads for the City's participation. Last year, City Employees donated almost ,$300, 000 of their own money. Over the last five (S) years, City Employees have donated over $1.6-Million. Mayor Sessoms accepted the Award and expressed his appreciation to Ms. McCormack and especially to the City Employees for their generosity to United Way which serves a vast number of our citizens. August 14, 2012 O C ? _. sL iw ? ? ? 0 ? ?v 0 lw CL (A N O ? ? ? N O ? N ? ? -v ? ? z 0 ? m ..._._. ............ .. . I.._..i4.? -._. .i.?..,?_.,. I ? 0 "n - ? ? ? ? ? 1'?1 O ? Cr ? ? ? -h O -?, ? crq mn iw r-r (D ? ?- c? 0 ? ? ? ? ? ? -43- Item -VII-H.3 MAYOR'S PRESENTATIONS ITEM #62094 VIRGINIA BEACH CRIME SOLVERS Resolution recognizing their 30`" Anniversary Mayor Sessoms introduced Joe O'Brien, Chair, and welcomed 14 Members of Virginia Beach Crime Solvers. The Mayor presented a Resolution acknowledging the many citizens who have made sacrifices to ensure the success of this organization as well as those who have been attentive and "tipped" the appropriate information to those who could solve crimes and maintain the safe environment the Citizens of Virginia Beach enjoy. Since 1982, anonymous tips to the Crime Solvers have resulted in more than 7,158 arrests and more than 14,829 solved crimes. August 14, 2012 JL4ESOLU1L JL ON WHEREAS.• Tbe VIRGINIA BEACH CRT31H SOLVERS war e.rtobli.rhed in 1982 by a group of local bu.nner.rmen n.rpondinJ to a grnwing crime rate in osrr City. The orioinal Board of Directort merr: A1 Craft, Chair,• John J. Kn+ger, L'ice Chair,- Tom Gmitter, Secrptary; Bob DeFord, Trea.rurer,• and, MemberJ Thomar C. Broyle.r, Mary Ellen Cox, Ed Crittennden, Glenn R. Cro.rham, George Duvall, John Godfiry, Marlene J. Hager, Ernie Hyer., Clarence Keel, Bil! Myer.r, Denni.r O Hearn, FZagan B. Pulley, ]r., Gerald Weimer, Roy Willman, Navy Captain Danny Michael.r and Aamn Parront,- WHEREAS.• The rtrong tripartite partner.chip between the Communiiy, the Media and ihe Police Department allowed thi.r pmgram to flozrri.rh. It i.r naw recogniled as one of the top Crlme Solver organilationr in Nortb America; [Y/HEREAS: Since 1982, anonymou.c tipr to the Crime Salvers have nrulted in mon than 7,158 arrz.rtt and mon tban 14,829 .rolved cnme.r. The Pirginia Beach Crime Solvers have nrovered over Tbirty-tmo Million, Szxty-reven g Thou.rand, Tmo Hundred and One Dollars [;32,067,201] in nmzotic.c and rtolen pmpery wbile paying out over Eiht Hundred Fifty One Tboz<tayrd Five Hundnd Tbirly-one Dollanr [$851,531] in "ca.rh rewardt"to anonymous tiprterr, WHERFAS: The Federa! Bureau of Inve.rtigation.r [FBI] rated the City of Virginia Beach in 2010 as the `lowert violent cnme rate city in the United State.r"; based among all citie,r rvith a population of Thize Hundred Tbou.rand or more; and, , ginia Beacb Police, i,r what maket ' WHERE'ASr The Virgirva Beach Crime Solvers, in conjunction unth the Vir i thir city a.rafe place to live, mork, play and raise a family. Tho.re currently renring as the Board, ExecuLive Committee and ? Member.r are: Joe OBrien, Chair, Freddi E. Moody, Vice Chair, Bonnie P. Cafiito, Secretary; Daniel D. Edsuardt, Trea.curer,• and, 1blember.r.• Don Albee, Marie Bauckman, Ginger Carl, Jame.r H. Capp.r, Affad W. Craft, III, Ro.cr Forrier, Dr. Valerio M. Genta; Nancy Guy, Carleen L.ombardo, Ko.ceann Lugar, Stuart Myer., Karl Nichol , Bagan B. Pulley, Jr., Cbri.r Raberlt, Iaura Baland, Lawrence E. Ronan, Tmy Snead, Rutb Ann Steenbuqh, Thoma.r H. Thatcher, Donald R. Thrusb, lllarion Wall and Franc7s L Wamn, Jr. NOW, THEREFORE, BE IT RESOLVED: Tbat the Viqinia Beach City Counczl pau.ce in if.r deliberatian.r thit Fourteenth day of Auou.tt, Tmo Thousand and Tivelve, to recognile tbe Virginia Beach Crime Solvers and pay tribute to the many citi.`enr svho have made .racrifice.r io en.rure the tucce.r.r of thi.r organilation as well as tho.re svbo have been attentive aizd `Ypped" tbe apprapriate information to tbote wbo cauld tolve crimef and maintain tbe .rafe environment we all enjoy. Given under our bandt and .real.t thi.r Fourteenlb Day ofAugzrrt, Twa AILt < 9Mauor `NhT(inm sessonis BE IT FURTHER RESOLVED: That all citiiens celeUrate tfri.r Thirtietb Annivertary of the Virginia Beach Crvne Solvets and pledge their a.rri.rtance to continue the ruccesr of this program and Ibe .ra, feiy of our bi.rtorical city. -44- Item -VII-H.4 MAYOR'S PRESENTATIONS ITEM #62095 GFOA EXCELLENCNE IN FINANCIAL PLANNING Patricia Phillips - Director, Finance Mayor Sessoms introduced Patricia Phillips - Director, Finance, and presented her the Certificate of Achievement for Excellence in Financial Reporting for Comprehensive Annual Financial Report for the Fiscal Year ended June 30, 2011. This Award is the highest standards in government accounting and financial reporting. Ms. Phill?s thanked the Mayor and Members of City Council for their commitment to transparency. This is the 32" consecutive annual Certificate of Excellence the City has received. August 14, 2012 Certificate of Achievement for Excellence in Financial Reporting Presented to City of Virginia Beach Virginia For its Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2011 A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports (CAFRs) achieve the highest standards in government accounting and financial reporting. .IJ GE OFFj?F ?J OFT}-t ?iS' W UWrmA1E5 9N ME President d CORPORAiION y ?l /j SEAI, 0,:A? YExecutive Directer -45- Item -VII-I.la/b/c/d PUBLIC HEARINGS ITEM #62096 Mayor Sessoms DECLARED A PUBLIC HEARING: REAL and PERSONAL PROPERTY TAX - Exemptions a. Fit for Purpose Ministry, Inc. b. Love and Caring for the Homeless, Ltd c. Vanguard Landing, Inc. d. Virginia Musical Theatre, Inc. There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. August 14, 2012 -46- Item -Vli-I.2 PUBLIC HEARING ITEM #62097 Mayor Sessoms DECLARED A PUBLIC HEARING: PUBLIC EASEMENT - Vacation Salem Lakes Subdivision The following individuals registered to speak.- Carlos Rodriguez, 3833 Buckhorn Place, Phone: 416-9429, spoke in SUPPORT. Mr. Rodriguez's property borders the lake. Most Salem Lakes residents would like to see the sidewalk and bridge removed. The area is a"crime zone ". Rick Bly, 3853 Buckhorn Place, Phone: 471-3066, spoke in OPPOSITIDN. Mr. Bly is not entirely opposed to removing the sidewalks and bridge; however, he would like to ask for some form of assistance from the Ciry to fix the bank erosion. Mr. Bly provided two estimates to fix his property. Mr. Bly stated the City may have the "legal right" to remove the sidewalks and bridge; however, he does not feel it is morally right. Vernon Winfield, 3845 Buckhorn Place, Phone: 471-2126, spoke in OPPOSITION. Mr. Winfield mirrored Mr. Bly's comments, adding the bank was in trouble fi•om the beginning of construction. Mr. Winfield requested the City continue to have dialogue and conversations with residents for possible assistance from the City. There being no additional speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. August 14, 2012 -47- Item -VII-I.3 PUBLIC HEARING ITEM #62098 Mayor Sessoms DECLARED A PUBLIC HEARING: POLLING CHANGES - Location Changes Brookwood and Lynnhaven Precincts There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. August 14, 2012 -48- Item -VII-J.l PUBLIC COMMENT ITEM #62099 Mayor Sessoms DECLARED PUBLIC COMMENT.• HILLTOP - SGA There being no speakers, Mayor Sessoms CLOSED THE PUBLIC COMMENT. August 14, 2012 -49- ADOPT AGENDA FOR FORMAL SESSION ITEM #62100 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION BY CONSENSUS, the following shall compose the CONSENT AGENDA: I. ORDINANCES/RESOL UTIONS 1. Ordinances to AMEND the City Code: a. §2-2.47 re deletion of certain responsibilities of the Department of Management Services b. §25-1 re definition of Junk Dealers, Pawnbrokers and Secondhand Dealers c. ,¢10-1 re change in the Polling location of Brookwood and Lynnhaven Precincts d. §,¢35-3, 35-3.1, 35-26, 35-41, 35-63, 35-73 and 35-80.1 and ADD §35-42 re responsibilities of the Real Estate Assessor and the Commissioner of the Revenue 2. Ordinances to EXEMPT from Real and Personal Property Taxation: a. Fit for Purpose Ministry, Inc. b. Love and Caring for the Homeless, Ltd. c. Vanguard Landing, Inc. d. Virginia Musical Theatre, Inc 3. A Resolution to RECONSTITUTE the Investigation Review Panel 4. Ordinance to AUTHORIZE a Cooperative Agreement between the City Council and the School Board and Administration re Legal Services by the City Attorney for Fiscal Year 2013 5. A Resolution to AUTHORIZE a Performance Contract betrveen the Community Services Board (CSB) and the Commonwealth of Virginia re Mental Health services and funding 6 Ordinance to AUTHORIZE the City Manager to EXECUTE documents to vacate pedestrian access easements around the lakes of Salem Lakes Subdivision 7. Ordinance to CORRECT the effective date of an Ordinance adopted June 26, 2012, re Deputy Sheriffpositions from July 1, 2013, to July 1, 2012, authorized by the State Compensation Board August 14, 2012 -50- ADOPT AGENDA FOR FORMAL SESSION ITEM #62100(Continued) 8. A Resolution to APPOINT Sandy M. Madison to the position of Depury City Clerk II 9. Ordinance to AUTHORIZE temporary encroachments into the portions of the public right-of-way (DISTRICT 4- BAYSIDE): a. COWLES M. SPENCER, JR. re bulkhead, stairs, platform, and elevated open pile walkway at 4926-A Lauderdale Avenue b. STEPHEN D. HALLIDAY re bulkhead, stairs, platform elevated open pile walkway at 4926-B Lauderdale Avenue 10. Ordinances to APPROPRIATE funds to provide Interest Free Loans re purchase and replacement of ambulances: a. Kempsville Rescue Squad, Inc. -$80, 000 b. Virginia Beach Volunteer Rescue Squad, Inc. -$375, 000 c. Plaza Volunteer Rescue Squad -$75, 000 d. Princess Anne Courthouse Volunteer Rescue Squad and Fire Department, Inc. - $15,000 11. Ordinances to ACCEPT and APPROPRIATE: a. $119,249 from the Edward Byrne Justice Assistance Grant (JAG) to Police, Sheriff, Courts and Community Corrections b. $60, 000 from the Virginia Department of Criminal Justice Services (DC.7S) to Human Services re Pre-Trial Probation Officer I part-time positions and contracted manpower c. $56, 730 from the Edward Byrne Justice Assistance Grant (JAG) with a$6,304 local match re a system-wide evaluation of the Juvenile Probations Services d. $25, 000 from the Virginia Department of Criminal Justice Services to Human Services re Juvenile delinquency e. $25, 000 from the Virginia Department of Criminal Justice Services to Police re child pornography Item #1 b will be AMENDED to define "tools" Item #3 will be AMENDED to ESTABLISH the INVESTIGATION REVIEW PANEL and ELIMINATE THE COMPENSATION OF THE PANEL Item #6 will be considered separately as speakers are registered. August 14, 2012 -51- Item -VII-K ORDINANCES/RESOL UTIONS ITEM #62101 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE MOTION, Items 1 a/b/c/d, 2a1b/c/d, 3, 4, S, 7, 8, 9a/b, IOa/b/c/d/e and Il a/b/c/d/e Voting: 10-0 (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 and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood August 14, 2012 -52- Item -VII-K.la/b/c/d ORDINANCES/RESOL UTIONS ITEM #62102 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinances to AMEND the Ciry Code: a. §2-2.47 re deletion of certain responsibilities of the Department of Management Services b. AMENDED ORDINANCE re: §25-1 re definition ofJunk Dealers, Pawnbrokers and Secondhand Dealers c. §10-1 re change in the Polling location of Brookwood and Lynnhaven Precincts d. ,¢§35-3, 35-3.1, 35-26, 35-41, 35-63, 35-73 and 35-80.1 and ADD §35-42 re responsibilities of the Real Estate Assessor and the Comrnissioner of the Revenue Voting.• 10-0 (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 and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood August 14, 2012 1 AN ORDINANCE TO AMEND CITY CODE 2 SECTION 2-247 PERTAINING TO THE 3 FUNCTIONS OF THE DEPARTMENT OF 4 MANAGEMENT SERVICES 5 6 SECTION AMENDED: § 2-247 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 2-247 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 2-247. - Functions. 15 16 The department of management services shall be responsible for resource 17 management, review and allocation, for budget and capital program policy 18 Development, and for the following general duties, including any other duties which may 19 be required, assigned, or prescribed by the council or the city manager: 20 21 (1) Plan, prepare, and develop the annual operating budget, including estimates 22 of appropriations and revenues for support of the operating budget, consistent 23 with the provisions of chapter 5 of the Charter, and carry out the same duties 24 for all amendments 25 26 (2) Plan, prepare, and develop the capital improvements program and capital 27 budget in accordance with Section 2-195 and carry out the same duties for all 28 amendments thereto. 29 30 (3) Be responsible for short-term and multi-year financial forecasts of both 31 expenditures and revenues and annually prepare a five-year forecast of 32 expenditures and revenues. 33 34 (4) Be responsible for economic and fiscal impact analysis, policy and fiscal 35 analysis, and program evaluation services regarding city programs, agencies, 36 business processes and projects, and for provision of management 37 assistance services to teams, agencies and programs to improve cost 38 management, business processes and operations. 39 40 (5) Coordinate or carry out city-wide surveys, strategic and fiscal planning, and 41 provide staff support for special studies and projects. 42 43 44 ucerl hv ni+„ agcnnicc Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14th day of August , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J (,? Managem t 86rvices CA12341 R-1 July 13, 2012 REVISED VERSION 1 AN ORDINANCE TO AMEND SECTION 25-1 2 OF THE CITY CODE PERTAINING TO 3 DEFINITIONS FOR JUNK DEALERS, 4 PAWNBROKERS AND SECONDHAND 5 DEALERS 6 7 SECTION AMENDED: § 25-1 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Sections 25-1 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 Sec. 25-1. - Definitions. 15 For the purposes of this article, the following words and terms shall have the meanings 16 respectively ascribed to them by this section: 17 Junk dealer. The term "junk dealer" means any person who purchases, sells, barters or 18 exchanges any kind of secondhand articles, junk, rags, rag cullings, bones, bottles, 19 puer, scrap, metals, metal drosses, steel, iron, old lead or lead pipe, old bathroom 20 fixtures, old rubber, old rubber articles or other like commodities, except paper and 21 except furniture, clothes, shoes and stoves intended to be resold for use as such. 22 Pawnbroker. The word "pawnbroker" means any person who shall, in any manner, lend 23 or advance money or other things for profit on the pledge and possession of personal 24 property or other valuable things, other than securities or written or printed evidences of 25 indebtedness, or who deals in the purchasing of personal property or other valuable 26 things on condition of selling the same back to the seller at a stipulated price. 27 Secondhand dealer. The term "secondhand dealer" means any person who buys, sells, 28 barters or exchanges used or secondhand articles, such as firearms, jewelry, GletheRg 29 office machines, household appliances, radios, television sets, electronic equipment, 30 sporting equipment, photographic equipment, heating or plumbing fixtures or supplies, 31 electrical fixtures or wiring, gas fixtures or appliances, water faucets, pipes, locks, 32 bathtubs or any other secondhand merchandise intended to be resold for use as such. 33 This definition does not include those persons who exclusivelv buy, sell, barter or 34 exchanae used or secondhand clothinq, furniture and non-electronic children's articles. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14 t h day of August 9 2012. APPROVED AS TO CONTENT: ? olice Department CA12344 R-2 July 18, 2012 APPROVED AS TO LEGAL SUFFICIENCY: City At ey's ic 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 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY CODE TO CHANGE THE POLLING LOCATION OF THE BROOKWOOD PRECINCT AND LYNNHAVEN PRECINCT SECTION AMENDED: § 10-1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 10-1 of the City Code is hereby amended and reordained, to read as follows: Sec. 10-1. Establishment of precincts and polling places. There are hereby established in the city the following precincts and their respective polling places, as set forth below: Precinct Polling P/ace Alanton Alanton Elementary School Aragona Kemps Landing Magnet School Arrowhead Arrowhead Elementary School Avalon Avalon Church of Christ Baker Ebenezer Baptist Church Bayside Bayside Elementary School Bellamy Salem Middle School Blackwater Blackwater Fire Station Bonney Holland Road Baptist Church Brandon Brandon Middle School Brookwood Rnw (`rocL C?cnreatinn rontcr Plaza Annex Buckner Green Run Baptist Church Cape Henry Research and Enlightenment Building (Edgar Cayce Library) Capps Shop Back Bay Christian Assembly Centerville Centerville Elementary School Chesapeake Beach Bayside Baptist Church Chimney Hill Congregation Beth Chaverim College Park College Park Elementary School Colonial Colonial Baptist Church Colony Lynnhaven Colony Congregational Church Corporate Landing Corporate Landing Middle School Courthouse Courthouse Fire Station Creeds Creeds Fire Station Cromwell Salem United Methodist Church Culver Ocean Lakes High School Dahlia Green Run High School 48 Davis Corner Bettie F. Williams Elementary School 49 Eastern Shore Eastern Shore Chapel 50 Edinburgh St. Aidan's Episcopal Church 51 Edwin Kempsville Recreation Center 52 Fairfield Kempsville Presbyterian Church 53 Foxfire Princess Anne Middle School 54 Glenwood Glenwood Elementary School 55 Great Neck All Saints Episcopal Church 56 Green Run Green Run Elementary School 57 Haygood Haygood United Methodist Church 58 Hillcrest Victory Baptist Church 59 Holland Holland Elementary School 60 Homestead Providence Presbyterian Church 61 Hunt Princess Anne Recreation Center 62 Indian Lakes Indian Lakes Elementary School 63 Kings Grant St. Nicholas Catholic Church 64 Kingston King's Grant Presbyterian Church 65 Lake Christopher New Convenant Presbyterian Church 66 Lake Joyce Morning Star Baptist Church 67 Lake Smith Bayside Church of Christ 68 Landstown Landstown Community Church 69 Larkspur St. Andrews United Methodist Church 70 Lexington Larkspur Middle School 71 Linkhorn Virginia Beach Community Chapel 72 Little Neck Lynnhaven United Methodist Church 73 London Bridge London Bridge Baptist Church 74 Lynnhaven F,rs+ Land;.,n Circ c+,+ 75 Tidewater Area Christian Fellowship 76 Magic Hollow Virginia Beach Moose Family Center 77 Malibu Malibu Elementary School 78 Manor Providence Elementary School 79 Mt. Trashmore Windsor Woods Elementary School 80 Newtown Good Samaritan Episcopal Church 81 North Beach Galilee Episcopal Church 82 North Landing Hope Haven 83 Ocean Lakes Ocean Lakes Elementary School 84 Ocean Park Bayside Community Recreation Center 85 Oceana Scott Memorial United Methodist Church 86 Old Donation Old Donation Center for Gifted 87 Pembroke Pembroke Elementary School 88 Pinewood Lynnhaven Presbyterian Church 89 Plaza Lynnhaven Elementary School 90 Pleasant Hall Kempsville Baptist Church Pleasant Hall Annex 91 Point O'View Kempsville Church of Christ 92 Red Wing Fraternal Order of Police, Lodge #8 93 Rock Lake Salem Elementary School 94 Rosemont Forest Rosemont Forest Elementary School 95 Roundhill Salem High School 96 Rudee Virginia Beach Volunteer Rescue Squad 97 Building 98 Seatack Mount Olive Baptist Church 99 Shannon Church of the Ascension 100 Shelburne Christopher Farms Elementary School 101 Shell Unity Church of Tidewater 102 Shelton Park Shelton Park Elementary 103 Sherry Park St. Matthews Catholic Church 104 Sigma Red Mill Elementary School 105 South Beach Contemporary Art Center of Virginia 106 Stratford Chase Community United Methodist Church 107 Strawbridge Strawbridge Elementary School 108 Tallwood Tallwood Elementary School 109 Thalia Thalia Elementary School 110 Thoroughgood Independence Middle School 111 Timberlake White Oaks Elementary School 112 Trantwood Virginia Beach Christian Church 113 Upton Three Oaks Elementary School 114 Village Thalia Lynn Baptist Church 115 Windsor Oaks Windsor Oaks Elementary School 116 Witchduck Bayside Presbyterian Church 117 Wolfsnare Virginia Beach Christian Life Center 118 Central Absentee Voter AgricultureNoter Registrar Building 119 Precinct 120 Satellite Absentee Voter Courthouse Fire Station, Department of Motor 121 Precincts (only for November Vehicles Office-Donna Drive, Department of 122 Elections and Presidential Motor Vehicles Office-Buckner Boulevard 123 Primaries) Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14th day of August , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: f ? Voter Reg strar tto '` ice CA12335 R-1 July 3, 2012 City of Virgirzia Beach vBgov.com VOTER REGISTRAR P.O. BOX 6247 VIRGINIA BEACH, VIRGINIA 23456-0247 (757) 385-8683 FAX (757) 385-5632 TDD 711 www.vbgov.com/voter JUly 17, 2012 The Honorable William D. Sessoms, Jr., Mayor and City Council Members City Hall Building # 1 Municipal Center Virginia Beach, Virginia 23456 Dear Mayor and Council Members, On your agenda for August 14, 2012, is an ordinance for two (2) polling location changes. Due to construction, Precinct 77 at Bow Creek Community Recreation Center, 3427 Clubhouse Road, will move to Plaza Annex, 641 Carriage Hill Road. Due to limited parking, Precinct 49 at First Landing Fire Station, 2837 Shore Drive will move to Tidewater Area Christian Fellowship, 2961 Shore Drive. Enclosed please find maps that have been marked to show the changes. If you have any questions about this matter, please feel free to call me at 385-8683. Sincerely, At-l4. kDonna Patterson General Registrar DP:cs Enclosures I , i 71-T tAtAVLA .- _" .. c O 8A1CKHO?sf . UK'? g4 V..I { ? n',L. a2 i of ¢? vt µi'RANDIS ?Y CT D ,.,yx' ?J ?,tis 4 ? c o t ?svt9^A , _..?.- , G , _... ? tl ROSEG ATE !'?- W9gQtiX vL .. 100 _ BROOKWOOD PRECINCT ? ? secdxo Sr '` _.r. eoyo qn , _ ?g; ??g5?- ? P 0 '_' -POLLING LOCATION CHANGE E `?..,?G ..- ? ??L `? nry?? 4A1ACf 9l ppp; GA7FWAY ? DRNERS WORL?j , RG ? ?,- ._.?; _? Z p?? CONTINENTALST ?p ? a ? f j s \ I CNESiFk ?T f 59AUCf 6EMTLEY ?flR \??tL? 3' TS\:,,r P GATE WV NISTOAYlAM9 9? ' (? i ? ? i' i ' B c+ £'9___._- "' N i , ?. 9?? 4•,?,. ,ON .. ?CO 9 ?(? Q ? YV '""*TM'pp ?? E? f ?-+ - ?yr? ?o. 5oA ,? cr 4.??. C. a ?f .. .. ? ? EMERALD CV ? . 5 BL f ? .9?1 ?'?l!/ /0C ..:?tpt r ¢W v?. CbL0W1441 BRIDGEYIEW Cf J { ALA SL 5 ? ? F ` b t^ - RPAIT?R?? ? B ABLE?y ? - CT ONi?d1 MS I w?` Tl! -??? STIU! ?J? q ? 3 - BAVTRY CR655 1(- ?-.ABBOTSLEIGHCT ..`,t . ULLO LIGHIFR SHAMCT 1?.?`"'_ 1 TARioT4R04J f"` ?.(f-PR-?i.•- .? ) 1 ? ; ? I ??F ) ? T]?', 3?? 5-TIIRNBRIDGfCS c w `6 ] omxGAIExiu. vK -' ? - -' ?. 1 _ i^-..(} 8 •'? f ?- OLO MS ? _ ePUSb[ SILMAD4 8-ABBOTMS . ?°n ? .. ' -9-L HEGli OPP i ?a?xzrn'_-',? T4POP%99 c ?+40SMT YdMz..90 ? °j Y?t.p?g' rz (FNN Lon ,.oN ?¦¦ -? cTEY' PAS%fY,R i? ) p PN S? iSo ? y l i ? ? k ?? .¦ ¦ f e? k C 3/.?J 6UARDiA?LN "r?J ?s ?c9 ` h ?r ?f ?i ?(J ?( " OL? N?1/?D FROM: r4N R p` ?a '+?H X Y`i W owCreekCommun' Recreation R ?^ pOWT F ?"+Da -<B ? I I ? Vr' d???'?z ":'? 'n' 459Gf ? 2 ? y CT ?`il ? R8 CIUSE OR / I ? G(q :. / "?-----._._.__ Center ?EMTQ4 OI eOpGATE Fp I? c r?e/`? 3427 Clubhouse Road A'`T,0.7Lt ? s C1? ??7' ?"L V jy{ .? ", SABRE STi 0 ? .. 't C E { ST?E WALL ? ?,?J +?j Iz { '? j± I G?DSr? Fn ?tY ? ? !? ? ..G r 0 `'""? yCK ri4l?`9,? 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' ". 4a ?? 1 AN ORDINANCE TO ADD SECTION 35-42 AND TO 2 AMEND SECTIONS 35-3, 35-3.1, 35-26, 35-41, 35-63, 3 35-73, AND 35-80.1 OF THE CITY CODE 4 PERTAINING TO THE RESPONSIBILITIES OF THE 5 REAL ESTATE ASSESSOR AND THE 6 COMMISSIONER OF THE REVENUE 7 8 SECTION ADDED: 35-42 9 10 SECTIONS AMENDED: § 35-3, 35-3.1, 35-26, 35-41, 11 35-63, 35-73, and 35-80.1 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA: 15 16 1. That Section 35-42 is hereby added to the Code of the City of Virginia Beach to read as 17 follows: 18 19 Sec 35-42 - Administration of the Disabled Veteran Real Propertv Tax Exemption 20 Proqram. 21 22 The disabled veteran real propertv tax exemption proqram shall be administered bv the 23 commissioner of the revenue The commissioner of the revenue shall administer this proqram 24 in accordance with the Virqinia Constitution and the Virqinia Code. 25 26 27 2. That Sections 35-3, 35-3.1, 35-26, 35-41, 35-63, 35-73, and 35-80.1 of the Code of the 28 City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: 29 30 CHAPTER 35 - TAXATION 31 32 ARTICLE I. IN GENERAL 33 34 Sec. 35-3. - Exoneration from payment or refund in cases of erroneous assessment. 35 36 (a) If the commissioner of revenue or the real estate assessor for real property taxes, is 37 satisfied that an applicant has been erroneously assessed with any local levies, as provided in 38 sections 58 1141 a^^' 69-144' [58.1-3980 and 58.1-39811 of the Code of Virginia, he shall certify 39 to the city treasurer the amount erroneously assessed. When the commissioner of revenue or 40 the real estate assessor who made the erroneous assessment has been succeeded by another 41 person, such person shall have the same authority as the commissioner or the real estate 42 assessor making the original erroneous assessment; provided he makes diligent investigation to 43 determine that the original assessment was erroneously made and certifies thereto to the city 44 treasurer and to the city council. 45 46 (b) Upon receipt of the certification provided for in subsection (a), above; the city treasurer 47 shall, if the levies have not been paid, exonerate from payment so much thereof as is erroneous, 48 and if such levies have been paid, the city treasurer shall refund to the applicant the amount 49 erroneously paid, together with any penalties and interest paid thereon. 50 51 (c) No refund shall be made under this section in any case when application therefor is made 52 more than three (3) years after the last day of the tax year for which such taxes were assessed; 53 provided that, if any tax is declared to be unconstitutional by a court of competent jurisdiction, the 54 city council may grant a refund of such tax hereunder to all taxpayers for those years to which the 55 court proceeding was applicable. 56 57 Sec. 35-3.1. - Waiver of penalty and interest. 58 59 The commissioner of revenue or the real estate assessor for real property taxes, is hereby 60 authorized to waive any penalty and interest imposed by law for failure to file a return or to pay a 61 tax provided that he first makes a determination that the failure to file the return or to pay the tax 62 was not in any way the fault of the taxpayer. 63 64 Upon making such a determination, the commissioner of revenue or the real estate assessor 65 shall notify the city treasurer in writing of the waiver of penalty and interest. Upon receipt of such 66 letter, the city treasurer shall no longer be responsible for collecting such penalty and interest 67 and shall mark his records accordingly. 68 69 70 ARTICLE II. REAL ESTATE TAXES 71 72 DIVISION 1. GENERALLY 73 74 Sec. 35-26. - Office of real estate assessor created; appointment, term and general 75 powers and duties of assessor. 76 77 The office of city real estate assessor is hereby created, such office to be filled by the 78 appointment of a single assessor by the city council. The person so appointed shall be known as 79 the city real estate assessor, shall hold office at the pleasure of the council and shall give his 80 entire time to the duties of his office. He shall have all the powers and duties prescribed by the 81 laws of the state for assessors of real estate and all the duties now devolved upon the 82 commissioner of revenue of the city with respect to the assessment of real estate for taxation 83 and assembly of the land book shall be transferred to and devolve upon the city real estate 84 assessor upon his taking the oath of office. 85 86 Sec. 35-41. - Energy efficient buildings. 87 88 (a) In accordance with Code of Virginia, § 58.1-3221.2, as amended, energy-efficient buildings, 89 not including the real estate or land on which they are located, are a separate class of property 90 from other classifications of real property. 91 92 (b) The definition of "energy-efficient buildings" and requirements for certification as an 93 "energy-efficient building" shall be in accordance with Code of Virginia, § 58.1-3221.2, as 94 amended. 95 96 (c) The owner of an energy-efficient building may apply to the city building official on forms 97 provided by the city building official for certification as an energy-efficient building. 98 99 (d) Upon application by the owner of an energy-efficient building, the city building official shall 100 inspect the property and certify that the building meets the technical requirements for 101 classification. 102 103 (e) Any appeal of a determination of the city building official under this section shall follow the 104 appeals process provided by local and state law for appeals of determinations under the Virginia 105 Uniform Statewide Building Code. 106 107 (fl Upon review and certification by the city building official, the application and certification 108 shall be forwarded to +"° nnmmic c innor nf 4ho ro.,o,,, ,o ,n.? the real estate assessor for purposes 109 of the city land book and assessment. 110 111 112 DIVISION 3. EXEMPTION, DEFERRAL OR FREEZE FOR ELDERLY AND DISABLED 113 PERSONS 114 115 Sec. 35-63. - Administration; rules and regulations of city manager. 116 117 The exemption, deferral or freeze provided for in this division shall be administered by the city 118 manager according to the general provisions contained in this division. The city manager is 119 hereby authorized and empowered to prescribe, adopt and enforce such rules and regulations, 120 including the requirement of answers under oath, as may be reasonably necessary to determine 121 qualifications for the exemption, deferral or freeze provided for in this division. The city manager 122 may require the production of certified tax returns, appraisal reports and other certifications to 123 establish income, financial worth or disability. The city manaqer has designated the 124 commissioner of the revenue as his aqent for purposes of the administration of the exemption, 125 deferral or freeze program, and the commissioner of the revenue shall have all of the duties and 126 functions provided herein to the city manaqer. 127 128 129 DIVISION 3.1. EXEMPTION FOR CERTAIN REHABILITATED, RENOVATED OR 130 REPLACEMENT COMMERCIAL OR INDUSTRIAL STRUCTURES 131 132 Sec. 35-73. - Assessor to provide exemption information; exemptions not to be set out in 133 land book. 134 135 (a) By August 15 of each year of the period of exemption from real estate taxes, the assessor 136 shall notify the city treasurer of the exemption and the amount to be credited to the owner's tax 137 bill. 138 139 (b) Pursuant to Code of Virginia § 58.1-3221(C), the ^°r of±"° r°.:°^:-'- real estate 140 assessor shall not list or display any exemption provided by this division in the land book. 141 142 (c) The assessor shall make available application forms in the assessor's office, in the office of 143 the permits and inspections division of the planning department and on the city's website for use 144 by property owners who propose to rehabilitate qualifying structures. 145 146 147 DIVISION 4. EXEMPTION FOR REHABILITATED RESIDENTIAL REAL ESTATE 148 149 Sec. 35-80.1. - Exemption for historically significant rehabilitated structures. 150 151 .... 152 153 (i) Land book. The ^°r Gf ±.".° r°:,°^u° real estate assessor shall not list or display 154 any exemption provided by this section as a reduced value in the land book. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14thday of August , 2012. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Ythe Revenue Commissione?c o I Estate Assessor APPROVED AS TO LEGAL SUFFICIENCY: ? ? i y ey's Office CA12323 / R-1 / June 28, 2012 -53- Item -VII-K.2 ORDINANCES/RESOL UTIONS ITEM #62103 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED BY CONSENT.• Ordinances to EXEMPT from Real and Personal Property Taxation: a. Fit for Purpose Ministry, Inc. b. Love and Caring for the Homeless, Ltd. c. Vanguard Landing, Inc. d. Virginia Musical Theatre, Inc Voting: 10-0 (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 and Rosemary Wilson Council Members Voting Nay.• None Council Members Absent: James L. Wood August 14, 2012 1 AN ORDINANCE TO DESIGNATE FIT FOR PURPOSE 2 MINISTRY, INC. AS BEING EXEMPT FROM REAL AND 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local real and personal property taxes to Fit for Purpose 8 Ministry, Inc., (hereinafter "FFPM"). 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates FFPM 14 as a charitable organization within the context of § 6(a)(6) of Article X of the Constitution of 15 Virginia. 16 17 2. That real and personal property owned by FFPM located within the City of 18 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 19 hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property FFPM for exclusively charitable purposes; 24 25 (b) that each July 1, FFPM shall file with the Commissioner of the Revenue a 26 copy of its most recent federal income tax return, or, if no such return is 27 required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2015, FFPM shall file an 31 exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that FFPM cooperate fully with the Commissioner of the Revenue with 35 respect to audit of its financial records, compliance with the terms of this 36 ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of August , 2012. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: , Commissi ff the Revenue CA12337 R-1 July 10, 2012 APPROVED AS TO LEGAL SUFFICIENCY: Cit 's Office OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Fit for Purpose Ministry Inc. (FFPM) 1425 Water Mill Circle (office use only) Virginia Beach, VA 23454 Website: None SUMMARY OF NONPROFIT BUSINESS ACTIVITY Fit for Purpose Ministry will serve as an educational and homeless service provider for disadvantaged women. Their goal is to provide resources to homeless and disadvantaged women in the Hampton Roads community. Specifically they provide transitional housing, counseling services, and computer training to battered and displaced women. The organization has applied for grants to purchase a 4 to 5 bedroom home. This home will be used as a transitional home for women in need. FFPM is also looking for a commercial location to open a thrift store. They are currently accepting donations of clothing and household goods to sell in the thrift store. These donations are being stored at the residences of the board members. The thrift store will also temporarily employ some of the women enrolled in the programs to help speed their recovery. All funds generated through the thrift store will go back into the organization. At this point FFPP does not own any real property. They are requesting this exemption be in place for the future. FFPM is actively looking for real property, a van, and additional business property to help with their mission. TAX IMPACT Business Property: Assessment: $1588.00 Tax: $58.75 Personal Property: Assessment: None Tax: None Real Property: Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status - 12/31/2011 1 AN ORDINANCE TO DESIGNATE LOVE AND CARING 2 FOR THE HOMELESS, LTD AS BEING EXEMPT FROM 3 REAL AND PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local real and personal property taxes to Love and Caring for 8 the Homeless, Ltd. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Love 14 and Caring for the Homeless, Ltd., as a charitable organization within the context of § 15 6(a)(6) of Article X of the Constitution of Virginia. 16 17 2. That real and personal property owned by Love and Caring for the Homeless, 18 Ltd., located within the City of Virginia Beach that is used exclusively for charitable 19 purposes on a nonprofit basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property Love and Caring for the Homeless, Ltd., for 24 exclusively charitable purposes; 25 26 (b) that each July 1, Love and Caring for the Homeless, Ltd., shall file with the 27 Commissioner of the Revenue a copy of its most recent federal income tax 28 return, or if no such return is required, it shall certify its continuing tax exempt 29 status to the Commissioner of the Revenue; 30 31 (c) that every three years, beginning on January 1, 2015, Love and Caring for 32 the Homeless, Ltd., shall file an exemption application with the 33 Commissioner of the Revenue as a requirement for retention of the exempt 34 status of the property; and 35 36 (d) that Love and Caring for the Homeless, Ltd., cooperate fully with the 37 Commissioner of the Revenue with respect to audit of its financial records, 38 compliance with the terms of this ordinance. 39 40 4. That the effective date of this exemption shall be January 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of August , 2012. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: C mmissio e o the Revenue CA12336 R-1 July 10, 2012 APPROVED AS TO LEGAL SUFFICIENCY: _.- o s ffice .--.. OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: LOVE AND CARING FOR THE HOMELESS LTD Website: http://loveandcaringmin.webs.com/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY Love and Caring for the Homeless is a faith-based organization dedicated to providing a safe and nurturing shelter for abused and homeless women and their children. It was founded by Maria Santos over 20 years ago. The organization provides temporary housing for abused and homeless women. They offer women and their children a safe haven from abuse. Services offered: • Extended stay: o During the stay, the ministry helps identify underlying issues and contributing factors which caused the family to become homeless. The ministry also provides counseling and support for the family of the abusive relationship. • Financial Counseling and Saving Program: o Prepares the family for the transition to independent living. • Job Counseling o Provides assistance to woman seeking employment and provides appropriate work clothing and provides childcare for working moms. • Trains tenants in parenting skills. • Assists with food and clothing for the entire family. • Provides moral and spiritual support. Length of stay depends on each woman's safety and needs. No one leaves their house empty handed or without prayer and encouragement. The organization is modeled after Maria's devotion to the restoration of the lives of homeless and battered women and their children. TAX IMPACT Business Property: Personal Property Real Property Assessment: None Tax: None Assessment: $23,225.00 Tax: $859.33 Assessment: $256,800 Tax: $2,285.52 RELEVANT INFORMATION: IRS Granted 501 (c) 3 status - 01/23/1996 1 AN ORDINANCE TO DESIGNATE VANGUARD 2 LANDING, INC. AS BEING EXEMPT FROM REAL AND 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local real and personal property taxes to Vanguard Landing, 8 Inc. (hereinafter "Vanguard"). 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 14 Vanguard as a charitable organization within the context of § 6(a)(6) of Article X of the 15 Constitution of Virginia. 16 17 2. That real and personal property owned by Vanguard located within the City of 18 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 19 hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property Vanguard for exclusively charitable purposes; 24 25 (b) that each July 1, Vanguard shall file with the Commissioner of the Revenue a 26 copy of its most recent federal income tax return, or, if no such return is 27 required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2015, Vanguard shall file an 31 exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that Vanguard cooperate fully with the Commissioner of the Revenue with 35 respect to audit of its financial records, compliance with the terms of this 36 ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of August , 2012. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Com issioner the Revenue CA12338 R-1 July 10, 2012 APPROVED AS TO LEGAL SUFFICIENCY: r' Cit Atto s,Office OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Vanguard Landing Inc. (VGL) 1821 Beauty Way (office use only) Virginia Beach, VA 23456 Website: None SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Vanguard Landing's primary mission is to provide a safe, progressive and self-sustaining community for adults with mild to moderate intellectual disabilities. It will offer housing, meals educational development, vocational training and employment assistance. VGL is currently trying to secure land and donations to help offset the cost of construction. Its goal is to build houses to help over 100 residents. VGL feels the services it will provide should relieve the City of some of the burden related to these services. VGL seeks a tax exemption in advance of operations. TAX IMPACT: Business Property: Assessment: None Tax: None Personal Property Assessment: None Tax: None Real Property Assessment: None Tax: None RELEVANT INFORMATION: IRS Granted 501 (c) 3 status - 12/31/2011 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 28 29 30 31 32 33 34 35 36 37 AN ORDINANCE TO DESIGNATE VIRGINIA MUSICAL THEATRE, INC. AS BEING EXEMPT FROM PERSONAL PROPERTY TAXATION WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local personal property taxes to Virginia Musical Theatre, Inc. (hereinafter, "VMT"). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates VMT as a cultural organization within the context of § 6(a)(6) of Article X of the Constitution of Virginia. 2. That personal property owned by VMT located within the City of Virginia Beach that is used exclusively for tax-exempt purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property VMT for exclusively tax-exempt purposes; (b) that each July 1, VMT shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on January 1, 2015, VMT shall file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property; and (d) that VMT cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this ordinance. 4. That the effective date of this exemption shall be January 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of August , 2012. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: J? Commissione the Revenue CA12339 R-1 July 10, 2012 APPROVED AS TO LEGAL SUFFICIENCY: ?? . City, ' ffice OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: VIRGINIA MUSICAL THEATRE INC Website : www broadwavatthecenter.com SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Virginia Musical Theatre has emerged as a leading theatre company dedicated to nurturing artists in a creative environment. Virginia Musical Theatre is driven by an innovative spirit that constantly seeks new management and artistic models. Current hallmarks of its management are resourcefulness and collaboration. Each year, Virginia Musical Theatre produces four or five musicals that bring together the talents of nationally recognized professionals with approximately 100 Virginia-based performers, musicians, designers, and young theatre aspirants. TAX IMPACT: Business Property: Assessment: $36,963.20 Tax: $1,367.64 Personal Property Assessment: None Tax: None Real Property Assessment: None Tax: None RELEVANT INFORMATION: IRS Granted 501 (c) 3 status - 08/30/1991 -54- Item - Vii-K.3 ORDINANCES/RESOL UTIONS ITEM #62104 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT the AMENDED VERSION of a Resolution to RECONSTITUTE the Investigation Review Panel Voting: 10-0 (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 and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood August 14, 2012 REVISED VERSION A RESOLUTION TO ESTABLISH THE INVESTIGATION REVIEW PANEL 1 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 2 VIRGINIA: 3 4 That the Investigation Review Panel is hereby established, with its members to 5 be appointed by the City Council. The Panel's composition, jurisdiction, and procedures 6 shall be as set forth in the attached document entitled, "City of Virginia Beach 7 Investigation Review Panel Policy and Procedures." Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of August , 2012. APPROVED AS TO LEGAL SUFFICIENCY: ; ? Cl: 7t ` -?? ? City Attorney's Office CA12366 R-2 August 14, 2012 REVISED CITY OF VIRGINIA BEACH INVESTIGATION REVIEW PANEL POLICY AND PROCEDURES 1 I.PURPOSE 2 It is the purpose of the Investigation Review Panel ("Panel") to ensure that reports and 3 conclusions of the Police Department's Internal Affairs Office investigations involving abuse 4 of authority or other serious misconduct are complete, accurate, and factually supported. To 5 that end, the Panel shall have the authority to review these findings, to the extent provided for 6 herein, when a complainant is dissatisfied with such an investigation. 7 The Panel may also make recommendations to the City Manager that specific Police 8 Department policies and procedures be revised. 9 Panel hearings shall not be considered civil or criminal proceedings but independent 10 reviews of administrative investigations concerning the performance of sworn police officers. 11 All Panel hearings shall be open to the public; provided, however, that in the discretion 12 of the Panel for good cause shown, a hearing may be closed upon the request of a party to 13 protect the privacy of individuals such as juveniles and victims of sexual assault. Also, Panel 14 deliberations may be conducted as provided for in subsection IV.C.2.b.(2) below, but the 15 Panel's decision shall be announced in public once they have concluded their deliberations. 16 II. APPLICABILITY 17 This Policy shall be applicable to all sworn police officers of the City. 18 III. COMPOSITION 19 1. Number and Method of Appointment: The Panel shall be comprised of five 20 (5) members and two (2) alternates who shall be appointed by the City Council. Appointees 21 shall be residents of the City of Virginia Beach, and will be chosen on the basis of expertise 22 and experience in fields relevant to the performance of the duties of the Panel. 23 2. Conflict of Interest: No appointee shall be an officer or employee of the City, 24 or an immediate family member, as defined by the Virginia Conflict of Interests Act, of any 25 officer or employee of the City. Should a matter come before the Panel in which a member of 26 the Panel feels that his or her personal interests may influence his or her ability to hear an issue 27 or case in an impartial manner, that member shall abstain from participating therein, including 28 hearing and/or discussing the particular matter. The Panel member shall indicate to the 29 Chairperson the existence and nature of the conflict, and thereafter the Panel member shall be 30 excused from hearing and/or participating in the matter. 31 3. Term: Of those members initially appointed, two (2) will be appointed for terms 32 of three (3) years, two (2) will be appointed for terms of two (2) years, and one (1) will be 33 appointed for a term of one (1) year. Thereafter, all appointments shall be for terms of three (3) 34 years. The two (2) alternate members will be appointed for terms of three (3) years. 35 4. Removals and Vacancies: Members of the Panel serve at the pleasure of the 36 City Council. Members may also be removed for missing two (2) consecutive meetings of the 37 Panel without appropriate excuses delivered to the Chair of the Panel within a reasonable 38 period of time. Any vacancy occasioned by resignation, death or removal of a member will be 39 filled for the unexpired term by appointment by the City Council. 40 5. Chairperson and Vice-Chairperson: The City Council may chose to designate 41 one of its appointees to the panel as the initial chairperson and also may chose to designate one 42 of its appointees as the initial vice-chairperson. If the City Council has not designated an initial 43 chairperson or a vice-chairperson, then at the first meeting of the Panel, the members shall elect 44 a chairperson and/or vice-chairperson from among themselves. Thereafter, a new Chairperson 45 and Vice-Chairperson shall be elected annually at the meeting of the Panel falling closest to the 46 anniversary date of the previous Chairperson's election. If either the Chairperson or Vice- 47 Chairperson resigns or otherwise is no longer a member of the Panel, the Panel shall elect 48 another panelist to serve the unexpired term of the departing officer. The Chairperson shall be 49 the Panel's official spokesperson and shall act as liaison between the Panel and the City 50 Manager. The Vice-Chairperson shall serve in the absence of the Chairperson and as otherwise 51 provided herein. 52 6. Quorum: Three (3) members shall constitute a quorum. However, a majority 53 vote, i. e., three (3) votes of five (5) voting members, shall be required for an action to be taken. 2 54 7. Meetings: The Panel shall meet as often as necessary to conduct its business. 55 Public notice of ineetings shall be given by the Department of Human Resources at least forty- 56 eight (48) hours in advance of the meeting. 57 8. Staff: The Director of the Department of Human Resources shall provide 58 administrative support to the Panel. The City Attorney, or his designee, shall serve as legal 59 advisor to the Panel. 60 IV. POWERS, DUTIES AND Ft1NCTION 61 A. JURISDICTION OF PANEL 62 1. Citizen Request for Review: The Panel shall, upon the request of the 63 complainant, review the findings of Police Department Internal Affairs Office investigations of 64 alleged abuse of authority or other serious misconduct, with the following exceptions: 65 a. The Human Resources Director or designee shall provide copies of 66 complaints, other than those that meet the criteria of subsections b., c., and d. 67 immediately below, to the Panel. The Panel as a body may vote, m 68 accordance with subsections III.6-7 above, to refuse a request for review if 69 in its judgment the complaint is not appropriate for review by the Panel. 70 b. The Human Resources Director or designee, in consultation with the Police 71 Department, shall determine if a complaint concerns matters which are the 72 subject of pending criminal proceedings. If so, the Human Resources 73 Director or designee shall send a letter to the complainant, informing the 74 complainant that the complaint is being deferred indefinitely pending 75 resolution of the criminal proceedings. The letter shall provide the 76 complainant with appropriate contact information so the complainant may 77 contact the Human Resources Department once the criminal proceedings 78 have concluded and request a hearing at that time. The letter shall advise the 79 complainant that any such request for a Panel hearing must be made no later 80 than thirty days after the conclusion of the criminal proceedings, including 81 any appeals. 82 c. The Human Resource Director or designee, in consultation with the City 83 Attorney's Office, shall determine if a complaint concerns matters which are 3 84 the subject of pending civil proceedings. If so, the Human Resources 85 Director or designee shall send a letter to the complainant, informing the 86 complainant that the complaint is being deferred indefinitely pending 87 resolution of the civil proceedings. The letter shall provide the complainant 88 with appropriate contact information so the complainant may contact the 89 Human Resources Department once the civil proceedings have concluded 90 and request a hearing at that time. The letter shall advise the complainant 91 that any such request for a Panel hearing must be made no later than thirty 92 days after the conclusion of the civil proceedings, including any appeals. 93 d. The Human Resources Director or designee shall determine if the complaint 94 concerns discipline covered by the City's Disciplinary Policy and Procedure 95 and Grievance Procedure. If so, the Director or designee shall inform the 96 complainant in writing that such discipline is not subject to review by the 97 Panel. 98 B. ABUSE OF AUTHORITY/SERIOUS MISCONDUCT 99 Examples of "abuse of authority" and "serious misconduct" may include, but shall not 100 be limited to, the following: 101 • deliberate application or use of unnecessary, unreasonable or excessive 102 physical force; 103 • ethnic, racial, or sexual remarks or gestures; 104 • using or brandishing of firearms, electric weapon or device, or other 105 weapon in a rude, careless, angry, or threatening manner not necessary 106 for self-defense; 107 • 108 109 • 110 • 111 • 112 • 113 114 C. PROCEDL overreacting: e.g., unjustified use or display of force or unnecessary escalation of charges; theft or improper handling of personal property; reckless endangerment of detainee or person in custody; violation of laws or ordinances; and other serious violations of City or Police Department policies or procedures. rRE 4 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 1. Review Process: a. The Police Department shall inform the complainant of Internal Affairs Office investigative findings by mail to the most recent address provided by the complainant. The complainant shall receive a brochure explaining the Virginia Beach Investigation Review Panel Process and a Request For Review Form. b. The Request for Review Form shall include identifying information, a statement describing the nature of the original complaint and/or allegations, the reasons for the review and supporting evidence, and a complete list of the names, addresses, and telephone numbers of all known witnesses. c. Requests for review shall be made in writing, addressed to the Director of Human Resources and shall be delivered or postmarked within fifteen (15) calendar days from the date the Police Department Internal Affairs Office investigative findings are mailed to the complainant. The time for filing may be extended by the Panel for good cause shown. d. Unless a majority of the members present at the meeting vote to waive the requirement, no written material shall be considered by the Panel which was not made available to the Panel at least five (5) days prior to the hearing. 2. Hearing: a. The Panel shall, within forty-five (45) calendar days of receipt of the complete Police Department investigative report and file, conduct a hearing to review the departmental investigation. The Human Resources Director or designee shall send notification of the date and time of the hearing to Panel members, Police Department Internal Affairs Office, the City Attorney's Office, and the complainant. Panel review hearings shall be recorded and records maintained by the Department of Human Resources in accordance with the Library of Virginia Records Retention and Disposition schedule. 5 145 b. At the hearing, the complainant shall state the specific reason(s) for the 146 request for review, present supporting evidence, and provide statements 147 pertinent to the allegation as stated on the Request For Review Form. 148 Information not listed on this form cannot be presented at the Panel 149 Review, except as deemed appropriate by the panel. Upon completion of 150 the complainant's statement, the Police Department representative 151 familiar with the investigation shall present all findings of fact and a 152 review of all evidence collected and received, including witness 153 statements, subject to the following limitations: 154 (1) The statement of any police officer required by the Department to 155 give a statement under the provisions of Garrity v. New Jersev, 156 385 U.S. 493 (1967) shall not be revealed in public. The Panel 157 shall have confidential access to the entire statement for the 158 purpose of its review. The Internal Affairs officer presenting 159 information to the Panel may publicly state only that the officer 160 admitted or denied the allegation, unless the officer consents to the 161 public release of the entire statement. 162 (2) The Panel may convene in private to deliberate; provided, 163 however, that any deliberations by the Panel which do not address 164 the alleged improper conduct or performance of duties of a public 165 officer or employee shall be conducted in an open public hearing. 166 Neither the Police Department representative nor any Panel 167 member shall reveal the identity of any victim of sexual assault, 168 unless authorized to do so by the victim, or of any juvenile. 169 c. Each member of the Panel shall, prior to the hearing, be provided a 170 complete copy of the Internal Affairs Office file. The file is deemed a 171 personnel record and shall not be disclosed nor shall copies be provided 172 to the public. All recordings of statements prepared in the course of the 173 investigation shall be made available to the Panel. Prior to providing the 174 file to the Panel, the Director of Human Resources, in consultation with 175 the Internal Affairs Office, shall determine if the file contains 6 176 information concerning an identifiable juvenile. If the file contains such 177 information, the Director of Human Resources shall forward the file to 178 the City Attorney or designee, who shall redact information that 179 . identifies a juvenile in conformance with the requirements contained in 180 Virginia Code § 16.1-301 or any successor provision. 181 d. The Panel, in its discretion, may invite any person previously identified 182 as a witness to appear at such hearings to answer questions proffered by 183 the Panel; provided, however, that the Panel shall not have subpoena 184 powers. The City Manager or designee may require the attendance of any 185 employee whose appearance is requested by the Panel, and may also 186 require the production of any relevant documents or other materials in 187 the possession of the Police Department, or other City departments. 188 e. Any person appearing before the Panel may be accompanied by legal 189 counsel; provided, however, counsel shall not be authorized to 190 participate in the proceedings. 191 D. FINDINGS/RECOMMENDATIONS 192 1. Findings: In its findings, the Panel may: 193 a. Concur with the findings of the Police Department investigation; 194 b. Advise the City Manager that the findings are not supported by the 195 information reasonably available to the Department; 196 c. Advise the City Manager that in its judgment the investigation is 197 incomplete; or 198 d. Conclude that the complaint is not appropriate for review by the Panel. 199 Upon a finding by the Panel under the provisions of b. or c., the City Manager, upon 200 consultation with the City Attorney, shall direct further action as he deems appropriate. 201 2. Recommendations: The Panel may recommend to the City Manager that a 202 specific Police Department policy or procedure be revised ar amended. 7 204 3. Reporting: 205 a. The Department of Human Resources shall, within ten (10) working 206 days of the conclusion of the Panel's deliberations, submit a report of the 207 Panel's findings and recommendations to the City Manager. Thereafter, 208 the Panel shall notify the complainant of the findings and 209 recommendations of the Panel and a copy of such findings and 210 recommendations shall be made available to the public in accordance 211 with the Freedom of Information Act. 212 b. On or before January 31 St of each year, the Panel shall, with staff 213 support, provide to the City Council a summary of its activities during 214 the previous year. 215 E. PANEL RULES 216 The Panel shall, at its initial meetings, formulate rules of procedure governing its 217 operations, not inconsistent with this directive. 218 F. AMENDMENTS 219 The City Manager may, from time to time after consultation with the Panel, amend the 220 provisions herein. This policy shall become effective on the date that it is signed by the City Manager. ritManaagce?r , q Date APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office elqllz- Date 8 APPROVED AS TO CONTENT: i , Debarim ent of Human Resources ? Ci; Date ` -55- Item -VII-K4 ORDINANCES/RESOL UTIONS ITEM #62105 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT Ordinance to AUTHORIZE a Cooperative Agreement between the City Council and the School Board and Administration re Legal Services by the City Attorney for Fiscal Year 2013 Voting.• 10-0 (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 and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood August 14, 2012 AN ORDINANCE APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2013 WHEREAS, the Office of the City Attorney has, for a number of years, provided legal services to the Virginia Beach School Board and School Administration pursuant to Cooperative Agreements; WHEREAS, the Cooperative Agreement for FY 2012, which expires on June 30, 2012, provides that "[t]his Cooperative Agreement ... may be revised, as necessary, and renewed each fiscal year ...;" and WHEREAS, City Council agrees that it is in the best interests of the City and the School Board for the Office of the City Attorney to continue to provide legal services to the School Board pursuant to the revised Cooperative Agreement for FY 2013. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council hereby approves the Cooperative Agreement for FY 2013, a copy of which is attached hereto. 2. That the Mayor is hereby authorized to execute the Cooperative Agreement on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of August , 2012. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney CA12364 R-1 August 7, 2012 COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2013 Factual Backeround: 1. Citv Charter Authoritv. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City, and that he shall have such powers and duties as may be assigned by the City Council. 2. Appointment of Citv Attornev. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authoritv. The School Board is established by the Virginia Constitution, the City Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law, including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. School Board Authoritv to Hire Lesal Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Recop-nized Reasons to Share Legal Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the City Attorney's Office in City Council and School Board matters, institutional memory, and the ability of the City Attorney's Office to Page 1 of 7 provide a wide range of legal services to the School Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Judsment of Citv Attornev. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the City Council and School Board may arise and that, in such cases, the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the School Board. Obiecrives• The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board, to provide for the delivery Page 2 of 7 of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. Agreement• NOW, THEREFORE, the City Council and the School Board hereby agree as follows: l. Leptal Staffing. The Office of the City Attorney will provide the equivalent of two and one half (2 '/z) attorney positions (or 4,125 hours per year) and one (1) secretarial position during FY 2013. The services to be provided as follows: A. The City Attorney will assign two attorneys on-site at the School Administration Building for provision of legal services to the School Board and the School Administration. As determined by the City Attorney, the attorneys will devote substantially all of their time (i.e., approximately 3,300 hours per year) to the provision of legal services to the School Board and School Administration. For the term of this Agreement, those attorneys will be Kamala H. Lannetti, Deputy City Attorney, and LaRana Owens, Associate City Attorney. The City Attorney reserves the right to reassign attorneys to meet the legal needs of the School Board and School Administration in accordance paragraph 1 D. B. The City Attorney will dedicate one Secretary on-site at the School Administration Building who will devote substantially all of his/her time to the support of legal services to the School Board and School Administration. C. The remaining attorney hours will be provided by the other attorneys in the Office, based upon their various areas of expertise with school-related legal issues, student services, real estate matters, human resources and employee benefits matters, contracts, general administrative and procedural issues, Page 3 of 7 litigation, and other legal matters. Attorneys assigned to handle School Board matters will remain on-call to handle legal matters throughout the week. The City Attorney's Office will endeavor to handle as many legal matters in-house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the assigned attorneys shall be mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the Members of the School Board expresses dissatisfaction with the legal services provided by the assigned attorney, or by any other attorney providing services to the School Board, the City Attorney will meet with the School Board to discuss and evaluate its concerns. Furthermore, if the School Board and the City Attorney agree that the most reasonable way to address the School Board's concerns is to assign another attorney or other attorneys to represent the School Board, the City Attorney will use his best efforts to make such an assignment(s) as soon as possible. 2. Communication and Reaorts. Throughout the term of this Agreement, the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent, and will keep each apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Superintendent concerning those matters being handled on a confidential basis for the School Boazd or for individual School Board Members in accordance with applicable School Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of Page 4 of 7 the City Attorney will provide the Superintendent and the School Board an annual report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the School Board, the School Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board Members. 3. Manap-ement of Leyal Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the School Board and the School Administration, and shall assist the School Board and School Administration in the management of the School Board's legal matters; and that the City Attorney or his designee shall report to the School Board concerning those matters he has been assigned by the School Board to manage andlor handle on its behalf. 4. Ethical Conflicts Concernin$ Rearesentation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. Abilitv to Provide Leeal Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical constraints as they may arise. Page 5 of 7 6. Nature of Aereement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Pavment for Services. The City shall forward to the School Board IDT requests in the amount of $386,488.32 its FY 2013 Operating Budget to the FY 2013 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of two and one half (2.5) attorneys and one (1) Legal Secretary. IDT requests of 25% of the total shall be made by the City and funds transferred by the School Board on or about July first, October first, January first, and April first. 8. Term and Termination of Aereement This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2012, and ends June 30, 2013, and may be revised, as necessary, and renewed each fiscal year thereafter; provided, however, that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty (120) days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. Page 6 of 7 The parties hereby agree to the terms set forth above. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH By: ? Daniel D. Edwards, Chairman School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on 31 , 2012. By: ZP School Board Clerk CITY COUNCIL OF THE CITY OF VIRGINIA BEACH By: William Sessoms, Mayor City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on , 2012. By: City Clerk Page 7 of 7 -56- Item -VII-K.S ORDINANCES/RESOL UTIONS ITEM #62106 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE a Performance Contract between the Community Services Board (CSB) and the Commonwealth of Virginia re Mental Health services and funding Voting: 10-0 (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 and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood August 14, 2012 1 A RESOLUTION APPROVING A CONTRACT BETWEEN 2 THE COMMUNITY SERVICES BOARD AND THE STATE 3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 That the City Council hereby approves the FY 2012-13 performance contract 6 between the City of Virginia Beach Community Services Board and the Virginia 7 Department of Behavioral Health and Developmental Services, which provides State- 8 controlled performance contract funding to the Community Services Board. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of August , 2012. APPROVED AS TO CONTENT anage nt ervices APPROVED AS TO LEGAL SUFFICIENCY: ,- / /? / City or Office CA12356 R-1 July 30, 2012 City of Virginia Beach DEPARTMENT OF HUMAN SERVICES ADM(NISTRATIVE DIVISION (757)437-6100 FAX(757) 490-5736 TDD (757) 4376150 DATE: July 12, 2012 TO: Citizens of Virginia Beach 297 INDEPENDENCE BOULEVARD PEMBROKE SIX, SUITE 208 VIRGINIA BEACH, VA 23462-2891 FROM: Diana G. Ruchelman, Virginia Beach Community Services Board Chair SUBJECT: FY 2093 Community Services Performance Contract This summary of the proposed SFY 2013 (July 1, 2012 - June 30, 2013) Community Services Performance Cvntract that makes State/Federal funds available for locally provided pubfic menfial health, mental retardation, and substance abuse services is provided for your review and comment. The funding identified includes State General Funds, State Restricted Funds, Federal Funds, Cifiy Funds, Medicaid and other Fee Revenues. Estimated numbers of consurners to be served are based on funds made available through these funding sources. The attached tabie is a summary of the core services and covered Intellectual Disabilities Waiver services and funding levels projected to be paid for by funds provided and repor#ed through the Performance Contract. l?R • Fv 2nl'i cnrt,munitv Services Performance Contract Proposal Summary Proposed Number of Program Service Unit Funding Consumers Mentat Health Ou#patient Services $6,216,879.00 3644 Case Management Services $3,579,723.00 2064 Residential Crisis Stabilization Services $2,398,128.00 540 Ambulatory Crisis Stab $548,511.00 soo Day Treatment/ParEial Hospitalization $765,462.00 155 Rehabilifatian/Habilitation $2,712,079.00 450 lndividual Supported Empfoyment $122,524.00 30 Supervised Residential Services (551) $1,573,791.00 35 Supportive Residential Services (581) $1,570,015.00 233 Discharge Assistance Project (DAP) 24 MH Child and Adolescenfi Services Initiative 70 Juvenile Detention Center 200 Pharmacy 120 PATH 105 Developmental Services Outpatienf Services $351,017.00 20 Case Management Services $2,905,817.00 815 Rehabilitation $4,168,152.00 216 Supportive Residential Services $2,925,352_00 70 Supen?ised Residential Services $347,184.00 4 Intensive Residential $2,896,470.00 25 Group Supported Emplayment $685,849.00 47 Individual Supported Employment $963,852:00 215 Highly Intensive Residential $9,211,200.00 43 Substance Abuse O utpatient $1,111, i98.04 550 Day Treatmen#/Partial Hospitalization $149,693.00 so Highly [nEensive Residential Services $755,175.00 200 Intensive Residential Services $73,398.00 47 Supportive Residential Services l $404,536.00 43 Prevention Services $2,077,755.00 N/A Proposed Number of Program Service Unit Funding Consumers i Services Available Outside of a Pro ram Area Emergency Services $1,549,274.00 2600 Assessment and Evaluation $607,665.00 700 Motivational Services $56,259.00 1195 Consumer Monitoring Services $65,861.00 402 Program Admin & Centralized Services $4,506,osz.oo afI consumers Totat Funding $50,792,829.00 Note: Program Admin & Centrafized Services @$4,506,082 is al[ocafed amang aIl service costs. -57- Item -VII-K.6 ORDINANCES/RESOL UTIONS ITEM #62I07 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, Ciry Council ADOPTED, Ordinance to AUTHORIZE the City Manager to EXECUTE documents to vacate pedestrian access easements around the lakes of Salem Lakes Subdivision Voting: 9-1 (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, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: John D. Moss Council Members Absent.• James L. Wood August 14, 2012 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE DOCUMENTS TO 3 VACATE THE PEDESTRIAN EASEMENT AND 4 ACCESS EASEMENTS AROUND THE LAKES OF 5 THE SALEM LAKES SUBDIVISION 6 7 WHEREAS, between 1983 and 1984, the City of Virginia Beach acquired 8 from R.G. Moore Building Corp. a 15-foot wide easement (the "Easement") located 9 across 52 lots and 2 public parks, (the "Properties") around the lakes of the Salem 10 Lakes subdivision (the "Lakes") together with a 30-foot wide easement located between 11 the Lakes and a 15-foot wide easement across 8 lots, connecting Centennial Circle to 12 the Easement (the "Access Easements"), all identified on Exhibit A attached hereto and 13 made a part hereof; 14 15 WHEREAS, the Easement included a 6-foot wide pedestrian/maintenance path, 16 (the "Path") and the Easement and Access Easements were dedicated to the City by 17 subdivision plats recorded in the Circuit Court Clerk's Office as: Map Book 164, at page 18 8, Map Book 164, at page 9, Map Book 164, at page 10, Map Book 164, at page 11, 19 Map Book 173, at page 15, Map Book 180, at page 30, Map Book 184, at page 26, Map 20 Book 184, at page 58; 21 22 WHEREAS, significant bank failure around the Lakes has rendered the Path 23 unsafe, and vacating the Easement and Access Easements will prohibit public access 24 and ameliorate safety concerns; 25 26 WHEREAS, sidewalk connectivity around the neighborhood is sufficient to 27 provide residents an alternate route for walking, jogging and other recreational activities; 28 and 29 30 WHEREAS, the City has agreed to remove the asphalt path, vacate the public 31 Easement and the pedestrian portions of the Access Easements, but will retain all rights 32 to locate utilities within the Access Easements. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 37 That the City Manager or his designee is authorized to execute any and all 38 documents necessary or appropriate to vacate the Easement over the Properties and 39 the pedestrian portions of the Access Easements affecting the properties identified on 40 Exhibit A in accordance with the Summary of Terms attached hereto as Exhibit B, and 41 made a part hereof, and such other terms, conditions, or modifications as may be 42 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14thday 45 of August , 2012. APPROVED AS TO LEGAL APPROVED AS TO CO NT SUFFICIENCY AND FORM City Attorney Dept. of and Recreation CA12184 \\vbgov. com\dFs1 \applications\citylawprod\cycom32\wpdocs\d018\p015\00029125.doc R-1 August 1, 2012 EXHIBIT A THE "EASEMENT" - PROPERTIES SUBJECT TO THE 15-FOOT PEDESTRIAN EASEMENT AROUND THE LAKES: Lot # Address GPIN MB/Page 40 3869 Buckhorn Place 1485-00-8399 164/8 39 3865 Buckhorn Place 1485-00-9345 164/8 38 3861 Buckhorn Place 1485-00-9381 164/9 37 3857 Buckhorn Place 1485-10-0239 164/9 36 3853 Buckhorn Place 1485-10-0297 164/9 35 3849 Buckhorn Place 1485-10-1256 164/9 34 3845 Buckhorn Place 1485-10-2210 164/9 33 3841 Buckhorn Place 1485-10-2266 164/9 32 3837 Buckhorn Place 1485-10-3244 164/9 31 3833 Buckhorn Place 1485-10-3299 164/9 30 3829 Buckhorn Place 1485-10-4364 164/9 29 3825 Buckhorn Place 1485-10-5400 164/9 28 3821 Buckhorn Place 1485-10-5483 164/9 27 3817 Buckhorn Place 1485-10-6436 164/9 26 3813 Buckhorn Place 1485-10-6459 164/9 25 3809 Buckhorn Place 1485-10-7522 164/9 24 3805 Buckhorn Place 1485-10-8003 164/9 23 3801 Buckhorn Place 1485-10-7736 164/9 15 1828 CougarCourt 1485-10-6966 180/30 16 1824 CougarCourt 1485-11-7030 180/30 17 1820 CougarCourt 1485-11-7049 180/30 22 3809 Coyote Circle 1485-11-8125 180/30 23 3805 Coyote Circle 1485-11-8183 180/30 24 3801 Coyote Circle 1485-11-9137 180/30 7 3804 Ewing Court 1485-21-3003 184/26 8 3808 Ewing Court 1485-21-0080 184/26 9 3812 Ewing Court 1485-20-1816 184/26 10 3813 Ewing Court 1485-20-2882 184/26 16 3829 Huey Court 1485-20-1629 173/15 17 3825 Huey Court 1485-20-0633 173/15 18 3821 Huey Court 1485-20-0449 173/15 19 3817 Huey Court 1485-20-1464 173/15 6 20011rongate Court 1485-20-0353 164/10 7 20051rongate Court 1485-10-9372 164/10 10 3808 Jousting Arch 1485-10-9301 164/10 11 3812 Jousting Arch 1485-10-8342 164/10 12 3816 Jousting Arch 1485-10-7371 164/10 13 3820 Jousting Arch 1485-10-7216 164/10 14 3824 Jousting Arch 1485-10-6263 164/10 15 3828 Jousting Arch 1485-10-6211 164/10 16 3832 Jousting Arch 1485-10-5178 164/11 17 3836 Jousting Arch 1485-10-5125 164/11 18 3840 Jousting Arch 1485-10-4172 164/11 19 3844 Jousting Arch 1485-10-4029 164/11 20 3848 Jousting Arch 1485-10-3084 164/11 21 3852 Jousting Arch 1484-19-3948 164/11 22 3856 Jousting Arch 1484-19-2985 164/11 23 3860 Jousting Arch 1484-19-2930 164/11 ,. 91 2001 Inverrary Court 14254-1y-160V 92 2005 Inverrary Court 1484-19-0890 164/11 93 2009 Inverrary Court 1484-19-0755 164/11 94 20131nverrary Court 1484-19-0720 164/11 EXHIBIT A- CONTINUED (P. 2 of 3) THE "ACCESS EASEMENTS": WALKWAY BETWEEN LAKES: All that certain easement, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "30' UTILITY & PEDES7RIAN EASEMENT" as shown on those certain plats entitled, "SHEET 2 OF 2- SUBDIVISION OF SALEM LAKES, SECTION B" dated August 19, 1982, Scale: 1" = 40, prepared by Basgier and Associates, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 164 at Page 9; and "SHEET 2 OF 2- SUBDIVISION OF SALEM LAKES, SECTION I" dated August 31, 1982, Scale: 1"=40, prepared by Basgier and Associates, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 164 at Page 11, to which reference is made for a more particular description. EXCEPT THAT the City of Virginia Beach retains the right to install and maintain utilities within the "30' UTILITY & PEDESTRIAN EASEMENT" as described on the aforementioned plats. Individual Properties affected: Lot # Address GPIN MB/Page 31 3833 Buckhorn Place 1485-10-3299 164/9 30 3829 Buckhorn Place 1485-10-4364 164/9 18 3840 Jousting Arch 1485-10-4172 164/11 17 3836 Jousting Arch 1485-10-5125 164/11 ACCESS FROM CENTENNIAL CIRCLE: (Note that this 15' easement is made up of two 7.5' easements located on different plats as described below) All that certain easement, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "7.5' PEDESTRIAN AND DRAINAGE & UTILITY EASEMENT" as shown on that certain plat entitled, "SHEET 1 OF 2- SUBDIVISION OF SALEM LAKES, SECTION I" dated September 7, 1982, Scale: 1"= 40, prepared by Basgier and Associates, which plat is duly recorded in the Clerk's Office ofthe Circuit Court of the City of Virginia Beach, Virginia, in Map Book 164 at Page 10; and all that certain easement, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, 7.5 PEDESTRIAN & MAINTENANCE EASEMENT" as Virginia, designated and described as „ , shown on that certain plat entitled, "SUBDIVISION OF SALEM LAKES, SECTION H" dated October 18, 1982, Scale: 1" = 40, prepared by Basgier and Associates, which plat is duly recorded in the Clerk's Office ofthe Circuit Court of the City of Virginia Beach, Virginia, in Map Book 173 at Page 15, to which reference is made for a more particular description. EXHIBIT A- CONTINUED (P. 3 of 3) EXCEPT THAT the City of Virginia Beach retains the right to install and maintain utilities and drainage within the "7.5' PEDESTRIAN AND DRAINAGE & UTILITY EASENIENT" and further retains all rights of maintenance within the "75 PEDESTRIAN & MAINTENANCE EASEMENT" as described on the aforementioned plats. Individual Properties affected: Lot # Address GPIN MB/Page 5 20001rongate Court 1485-20-1321 164/10 4 20041rongate Court 1485-20-1276 164/10 3 20081rongate Court 1485-20-2119 164/10 23 3801 Huey Court 1485-20-3207 173/15 22 3805 Huey Court 1485-20-2381 173/15 21 3809 Huey Court 1485-20-2344 173/15 20 3813 Huey Court 1485-20-2308 173/15 19 3817 Huey Court 1485-20-1464 173/15 EXHIBIT B SUMMARY OF TERMS VACATION OF EASEMENTS - SALEM LAKES Grantor: City of Virginia Beach Grantees: 52 owners of record of those certain lots adjacent to the lakes of Salem Lakes and 8 owners of record of those certain lots located along the access easement between Irongate Court and Huey Court, all identified on Exhibit A. Property: 15' pedestrian easement area, containing a 6' asphalt path located in the middle, surrounding the 2 lakes located in the Salem Lakes subdivision. 30' pedestrian easement area, containing a bridge/walkway located between the 2 lakes in the Salem Lakes subdivision. 15' pedestrian easement area, beginning at Centennial Circle and continuing along the rear lots between Irongate Court (7.5 feet) and Huey Court (7.5 feet), terminating at the 15' pedestrian easement to be vacated around the lake of the Salem lakes subdivision. City specifically vacates only the pedestrian portion of each of the above easements, retaining the right to install and maintain utilities in any of the easements to which such rights heretofore exist. No easements other than the easements expressly referenced herein are vacated. Effect of Vacation: The public will no longer have the right to access the easement and path; City will no longer have responsibility to maintain path and easement area; City released of liability associated with path safety. City Obligations: Remove asphalt path, grade and seed Easement area. -58- Item -VII-K.7 ORDINANCES/RESOL UTIONS ITEM #62108 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to CORRECT the effective date of an Ordinance adopted June 26, 2012, re Deputy Sheriffpositions from July 1, 2013, to July 1, 2012, authorized by the State Compensation Board Voting: 10-0 (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 and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood August 14, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO CORRECT THE EFFECTIVE DATE ON ORDINANCE 32431 WHEREAS, the City Council adopted Ordinance 32431 (the "Ordinance") on June 26, 2012; and WHEREAS, the Ordinance appropriated funds, transferred funds, and authorized eight Deputy Sheriff positions; and WHEREAS, the Ordinance provided an effective date of July 1, 2013, which is erroneous, and requires correction to July 1, 2012; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 14 The effective date of Ordinance 32431 is hereby changed to July 1, 2012. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of August 2012. Approved as to Content: Management Services Approved as to Legal Sufficiency: ? City.Att e ' ice CA12340 R-1 July 12, 2012 0 R? 1 AN ORDINANCE TO APPROPRIATE STATE REVENUES, 2 TRANSFER FUNDS, AND AUTHORIZE EIGHT DEPUTY 3 SHERIFF POSITIONS IN THE FY 2012-13 OPERATING 4 BUDGET OF THE SHERIFF'S OFFICE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 10 11 12 13 14 15 16 17 18 19 20 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. ???441 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 70illk. 2012. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Man gement Services CA12312 R-1 June 13, 2012 Approved as to Legal Sufficiency: -59- Item -VII-K.8 ORDINANCES/RESOL UTIONS ITEM #62109 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to APPOINT Sandy M. Madison to the position of Deputy City Clerk II Voting: 10-0 (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 and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood August 14, 2012 1 2 3 4 5 6 7 8 A RESOLUTION APPOINTING SANDY M. MADISON TO THE POSITION OF DEPUTY CITY CLERK II BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to § 2-77 of the City Code, Sandy M. Madison is hereby appointed to the position of Deputy City Clerk II, effective August 1, 2012. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of August , 2012. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: 4 y Clerk . ? City Attorney's Offi CA12354 R-1 July 27, 2012 -60- Item -VII-K.9a/b ORDINANCES/RESOL UTIONS ITEM #62I10 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into the portions of the public right- of-way (DISTRICT 4 - BAYSIDE): a. COWLES M. SPENCER, JR. re bulkhead, stairs, platform, and elevated open pile walkway at 4926-A Lauderdale Avenue The following conditions shall be required: 1. In consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00) cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. 2. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 3. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the Ciry to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee and that the Grantee will bear all costs and expenses of such removal. 5. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 6 It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 7. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 8. It is further expressly understood and agreed that the Grantee must obtain a building permit from the Department of Planning prior to commencing any construction within the EncroachmentArea (the "Permit'). August 14, 2012 -61- Item -VII-K.9a/b ORDINANCES/RESOLUTIONS ITEM #62110(Continued) 9. It is further expressly understood and agreed that the Grantee must obtain a Coastal Primary Sand Dune/Beach Permit from the Wetlands Board for any existing, replacement or proposed encroachment. 10. It is further expressly understood and agreed that the seaward extent of the Temporary Encroachment shall not extend past the channelward toe of the sand dune. 11. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500, 000. 00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the Ciry prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachment. 12. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the Ciry. 13. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered Professional Engineer or a licensed Land Surveyor and/or "as built" plans of the Temporary Encroachment sealed by a registered Professional Engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 14. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state tares; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the Ciry may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. August 14, 2012 -62- Item -VII-K.9a/b ORDINANCES/RESOL IITIONS ITEM #62110(Continued) b. STEPHEN D. HALLIDAY re bulkhead, stairs, platform elevated open pile walkway at 4926-B Lauderdale Avenue The following conditions shall be required: 1. In consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. 2. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 3. Providing however, nothing herein shall prohibit the City from immediately removing or ordering the Grantee to remove all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 5. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location, or existence of the Temporary Encroachment. 6. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 7. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 8. It is further expressly understood and agreed that the Grantee must obtain a building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit "). 9. It is further expressly understood and agreed that the Grantee must obtain a Coastal Primary Sand Dune/Beach Permit from the Wetlands Board for any existing, replacement or proposed encroachment. August 14, 2012 -63- Item -VII-K.9a/b ORDINANCES/RESOL UTIONS ITEM #62110(Continued) 10. It is further expressly understood and agreed that the seaward extent of the Temporary Encroachment shall not extend past the channelward toe of the sand dune. 11. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500, 000. 00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachment. 12. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 13. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered Professional Engineer or a licensed Land Surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered Professional Engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department ofPublic Utilities. 14. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real properry tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. August 14, 2012 -64- Item -VII-K.9a/b ORDINANCES/RESOL UTIONS ITEM #62110(Contin ued) Voting.• 10-0 (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 and Rosemary Wilson Council Members Voting Nay: None Council Members Absent.• James L. Wood August 14, 2012 1 2 3 4 5 6 7 s 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Requested by Department of Pubtic Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF PUBLIC RIGHT- OF-WAY KNOWN AS OCEAN VIEW AVENUE (CHESAPEAKE BEACH) LOCATED AT THE REAR OF 4926A LAUDERDALE AVENUE, FOR PROPERTY OWNER COWLES M. SPENCER, JR. WHEREAS, Cowles M. Spencer, Jr. desires to construct and maintain approximately 66 linear feet of vinyl bulkhead (with backfill) channelward of an existing vertical wood bulkhead, wood stairs, a 4' X 10' platForm and an elevated 4' X 39' open pile walkway for beach access on a portion of public right-of-way known as Ocean View Avenue (Chesapeake Beach), located at the rear of 4926A Lauderdale, Virginia Beach, Virginia; and WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the public rights-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Cowles M. Spencer, Jr., his heirs, assigns and successors in title, are authorized to construct and maintain temporary encroachments for a proposed vinyl bulkhead (with backfill), wood stairs, a 4' X 10' platform and an elevated 4' X 39' open pile walkway for beach access, and maintain an existing vertical wood bulkhead on a portion of City property as shown on the map marked Exhibit "A" and entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING WOOD STRUCTURES AND BULKHEAD LOCATED IN OCEAN VIEW AVENUE RIGHT OF WAY FOR UNITS 4926A & 4926B LAUDERDALE AVENUE A CONDOMINIUM M.B. 226 P. 81 BEING LOTS 8& 9, BLOCK 18 CHESAPEAKE PARK M.B. 6 P. 123 VIRGINIA BEACH, VIRGINIA SCALE 1" = 40' MARCH 22, 2012 REV. JULY 24, 2012," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Cowles M. Spencer, Jr. (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and 47 48 49 50 51 52 53 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such time as Cowles M. Spencer, Jr., and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of August , 2012. CA-12172 R-1 PREPARED: 7/25/12 APPROVED AS TO CONTENTS ? ????d • i..? .?n;?SrS P LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM REBECCP, D. KUBIN DEPUTY CITY ATTORNEY CITY A"TTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 1st day of Auqust, 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and COWLES M. SPENCER. JR., HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of these certain lots, tracts, or parcels of land designated and described as "Lots 8 and 9, Block 18"; as shown on that certain plat entitled: "PLAT AND PLAN OF 4926A & 4926B LAUDERDALE AVE. A CONDOMINIUM BEING LOTS 8 AND 9, BLOCK 18 CHESAPEAKE PARK (M. B. 6, P. 123) BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA SCALE: AS SHOWN, JANUARY 13, 1993, prepared by ENNIS O. JOHNSON, LAND SURVEYOR for Bench Mark, Inc. Beginning Point of Development," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 226, at page 81, and being further designated, known, and described as 4926A Lauderdale Avenue, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain approximately 66 linear feet of vinyl bulkhead (with backfill) channelward of an existing vertical wood bulkhead, wood stairs, a 4' X 10' platform, and an elevated 4' X 39' open pile walkway, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (UNIMPROVED CITY RIGHT-OF-WAY KNOWN AS OCEAN VIEW AVENUE - NO GPIN REQUIRED OR ASSIGNED) 1570-42-7995-0001; (4926A Lauderdale Avenue) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing unimproved right-of-way known as Ocean View Avenue located at the rear of 4926A Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING WOOD STRUCTURES AND BULKHEAD LOCATED IN OCEAN VIEW AVENUE RIGHT OF WAY FOR UNITS 4926A & 4926B LAUDERDALE AVENUE A CONDOMINIUM M.B. 226 P. 81 BEING LOTS 8& 9, BLOCK 18 CHESAPEAKE PARK M.B. 6 P. 123 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 40' MARCH 22, 2012 REV. JULY 24, 2012," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removat. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location, or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee must obtain a Coastal Primary Sand Dune/Beach Permit from the Wetlands Board for any existing, replacement, or proposed encroachment. 3 It is further expressly understood and agreed that the seaward extend of the Temporary Encroachment shall not extend past the channelward toe of the sand dune. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Comrnonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. - It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any 4 manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the tirne ordered hereinabove by this Agreement, the City may impose a penalty in the surn of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Cowles M. Spencer, Jr., the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLACK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2012, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2012, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) 6 ? By Cowles M. Spencer, Jr., Owner STATE OF CITY/COUNTY OF K.w&j , to-wit: The foregoing instrument was acknowledged before me this i day of ? u 0St , 2012, by Cowles M. Spencer, Jr. (SEAL) otary Public Notary Registration Number: qJ 6 ? ( T / My Commission Expires: 5'e ' ?0 20111 APPROVED AS TO CONTENTS (-yr NATURE 9743_1:i11??i14 ,1 k I AUAKSANDR HUSEU Noary Public ConfnwnwOilth of Wroinls 7304171 MS Conunissbn Expirts SIP 30. 2014 APPROVED AS TO LEGAL SUFFICIENCY AND FORM REBECCA D. KUBIN DEP CITY ATTOR.NEY -?w Dv- }{- FoR D NA . HARMEYER, ASSISTANT CITY ATTORNEY 7 ??$ALTH 0.?' ?o 0 DA r2.. VUTLER ? N .,?i. No. 38395 , 1 I2? ?1 \??? k?k's'_/ONAL E?G EXHIBIT A ENCROACHMENT PLAT SHOWING WOOD STRUCTURES AND BULKHEAD LOCATED IN OCEAN VIEW AVENUE RIGHT OF WAY w FOR > UNITS Q 4926A & 49266 LAUDERDALE AVENUE ? A CONDOMINIUM w M.B. 226 P. 81 ? BEING LOTS 8& 9, BLOCK 18 Q CHESAPEAKE PARK M.B. 6 P. 123 m VIRGINIA BEACH. VIRGINIA SCALE: 1°= 40' MARCH 22, 20 12 REV. JULY 24, 2012 OCEAN VIEW AVENUE 70' R /W (UNIMPROVED) ? ? 00 PROPOSED ? WOOD STAIRS ? & PLATFORM EXISTING N o, WOOD (.° oO BULKHEAD S 57°38'50" E 50.00' 7 LAUDERDALE CONDOMINIUM M.B. 169 P. 49 GPIN: 1570-42-7936-4928 (UNIT 4928) N N PI) 8 ' 9 4926A & 4926B LAUDERDALE AVE. o CONDO?IINIUM o o M.B. 226 P. 81 0 ? GPIN: ? 1570-42-7995-0001 1570-42-7995-0002 w 0 16' INGRESS-EGRESS, - DRAINAGE & UTILITY EASEMENT M.B. 226 P. 81 B LAUDERDALE ON THE BAY D.B. 2488 P. 849(PLAT) M.B. 134 P. 11 GPIN:1570-42-7903-0900 (UNIT A) 5d00' N 57'38'50" W z 34i ? 33 i I I 4924A & B LAUDERDALE AVENUE CONDOMINIUM M.B. 2398 P. 1703(PLAT) i GPIN: 1570-42-7837-5770 1570-42-7837-5760 ? I i i i I i 150. 00' N 5738'50" W PROPOSED VINYL BULKHEAD /- R/W 32A ? D.B. 2688 P. 1673 o & 1674 (PLAT) , GPIN:1570-42-8809 N ? ? LAUDERDALE AVENUE (FORMERLY LAKE AVENUE) (501 R/W) G: \12-09 encroachment.dwg F.B. 476 P. 1 G:\12-09 encroachment.dwg, 7/24/2012 3:57:17 PM, 1:40, DB 4926-A Lauderdale Ave _v.?. 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF PUBLIC RIGHT- 6 OF-WAY KNOWN AS OCEAN VIEW 7 AVENUE (CHESAPEAKE BEACH) 8 LOCATED AT THE REAR OF 4926B g LAUDERDALE AVENUE, FOR lo PROPERTY OWNER STEPHEN D. 11 HALLIDAY 12 13 WHEREAS, Stephen D. Halliday desires to construct and maintain approximately 14 66 linear feet of vinyl bulkhead (with backfill) channelward of an existing vertical wood 15 bulkhead, wood stairs, a 4' X 10' platform and an elevated 4' X 39' open pile walkway 16 for beach access on a portion of public right-of-way known as Ocean View Avenue 17 (Chesapeake Beach), located at the rear of 4926B Lauderdale, Virginia Beach, Virginia; 1s and 19 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 21 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 22 public rights-of-way subject to such terms and conditions as Council may prescribe. 23 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2 7 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Stephen D. Halliday, his 28 heirs, assigns and successors in title, are authorized to construct and maintain 29 temporary encroachments for a proposed vinyl bulkhead (with backfill), wood stairs, a 4' 30 X 10' platform and an elevated 4' X 39' open pile walkway for beach access, and 31 maintain an existing vertical wood bulkhead on a portion of City property as shown on 32 the map marked Exhibit "A" and entitled: "EXHIBIT A ENCROACHMENT PLAT 33 SHOWING WOOD STRUCTURES AND BULKHEAD LOCATED IN OCEAN VIEW 34 AVENUE RIGHT OF WAY FOR UNITS 4926A & 4926B LAUDERDALE AVENUE A 35 CONDOMINIUM M.B. 226 P. 81 BEING LOTS 8& 9, BLOCK 18 CHESAPEAKE PARK 36 M.B. 6 P. 123 VIRGINIA BEACH, VIRGINIA SCALE 1" = 40' MARCH 22, 2012 REV. 37 JULY 24, 2012," a copy of which is on file in the Department of Public Works and to 38 which reference is made for a more particular description; and 39 40 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 41 subject to those terms, conditions and criteria contained in the Agreement between the 42 City of Virginia Beach and Stephen D. Halliday (the "Agreement"), which is attached 43 hereto and incorporated by reference; and 44 45 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 4 6 hereby authorized to execute the Agreement; and 47 48 49 50 51 52 53 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such time as Stephen D. Halliday and the City Manager or his authorized designee execute the Agreement. Ado ted by the Council of the City of Virginia Beach, Virginia, on the 14 t h day of Augus? 2012. CA-12173 R-1 PREPARED: 7/25/12 APPROVED AS TO CONTENTS PU6LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM REBECCA D. KUBIN DEPUTY CITY ATTORNEY CITY AT-TORNE PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 1st day of Auqust, 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and STEPHEN D. HALLIDAY, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of these certain lots, tracts, or parcels of land designated and described as "Lots 8 and 9, Block 18"; as shown on that certain plat entitled: "PLAT AND PLAN OF 4926A & 4926B LAUDERDALE AVE. A CONDOMINIUM BEING LOTS 8 AND 9, BLOCK 18 CHESAPEAKE PARK (M. B. 6, P. 123) BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA SCALE: AS SHOWN, JANUARY 13, 1993, prepared by ENNIS O. JOHNSON, LAND SURVEYOR for Bench Mark, Inc. Beginning Point of Development," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 226, at page 81, and being further designated, known, and described as 4926B Lauderdale Avenue, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain approximately 66 linear feet of vinyl bulkhead (with backfill) channelward of an existing vertical wood bulkhead, wood stairs, a 4' X 10' platform, and an elevated 4' X 39' open pile walkway, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (UNIMPROVED CITY RIGHT-OF-WAY KNOWN AS OCEAN VIEW AVENUE - NO GPIN REQUIRED OR ASStGNED) 1570-42-7995-0002; (4926B Lauderdale Avenue) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing unimproved right-of-way known as Ocean View Avenue located at the rear of 4926B Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING WOOD STRUCTURES AND BULKHEAD LOCATED IN OCEAN VIEW AVENUE RIGHT OF WAY FOR UNITS 4926A & 4926B LAUDERDALE AVENUE A CONDOMINIUM M.B. 226 P. 81 BEING LOTS 8& 9, BLOCK 18 CHESAPEAKE PARK M.B. 6 P. 123 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 40' MARCH 22, 2012 REV. JULY 24, 2012," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location, or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee must obtain a Coastal Primary Sand Dune/Beach Permit from the Wetlands Board for any existing, replacement, or proposed encroachment. 3 It is further expressly understood and agreed that the seaward extend of the Temporary Encroachment shall not extend past the channelward toe of the sand dune. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, rnay remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any 4 manner provided by law for the coliection of locai or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Stephen D. Halliday, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLACK) 5 CITY OF VIRGINIA BEACH gy (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2012, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2012, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CtTY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: 6 (SEAL) ? B Y Stephen D Halliday, Own STATE OF 0'0467"'0-14 CITY/COUNTY OF Vla&VW to-wit: The foregoing instrument was acknowledged before me this / day of Ac?(?_r , 2012, by Stephen D. Halliday. Notary Registration Number: MARrnr oAvIo PERprJR. Notary Public Commonweft of Virqinis 73&1088 My Commisalon Explns Nov 30,2014 ------------ My Commission Expires: Nuv ?. APPROVED AS TO CONTENTS 0. ?'?,jJ'r'a" %'=?- I?NATURE F?IiC??`c DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM REBECCA D. KUBIN DEPUTY ATTORNEY CI Y O EY 7 ???ALTH O.F' x ? DA .. UTLER 9 ?Li . No. N-3c% 38395 ° SS/ONAL E?G EXHIBIT A ENCROACHMENT PLAT SHOWING WOOD STRUCTURES AND BULKHEAD LOCATED IN OCEAN VIEW AVENUE RIGHT OF WAY w FOR > UNITS Q 4926A & 4926B LAUDERDALE AVENUE ? A CONDOMINIUM W M.B. 226 P. 81 ? BEING LOTS 8& 9, BLOCK 18 Q CHESAPEAKE PARK M.B. 6 P. 123 m VIRGINIA BEACH, VIRGINIA SCALE: 1°= 40' MARCH 22, 2012 REV. JULY 24, 2012 OCEAN VI EW AVEN U E 70' R /W (UNIMPROVED) ? ? 00 PROPOSED ? WOOD STAIRS ? & PLATFORM _4_ EXISTING c-! WOOD cO O BULKHEAD__ S?57'38'50" E 7 LAUDERDALE CONDOMINIUM M.B. 169 P. 49 GPIN:1570-42-7936-4928 (UNIT 4928) 16' INGRESS-EGRESS, - DRAiNAGE & UTILITY EASEMENT M.B. 226 P. 81 50! 00' I 8 I 9 1 4926A & 49266 LAUDERDALE AVE. o CONDOMINIUM o o M.B. 226 P. 81 00 '- GPIN: ? 1570-42-7995-0001 1570-42-7995-0002 w 0 N N M N 57'3B'50" W z 341 ? 33 i I I 4924A & B LAUDERDALE AVENUE CONDOMINIUM M.B. 2398 P. 1703(PLAT) i GPIN: 1570-42-7837-5770 1570-42-7837-5760 i ? i i I i B LAUDERDALE ON THE BAY D.B. 2488 P. 849(PLAT) M.B. 134 P. 11 GPIN:1570-42-7903-0900 (UNIT A) 150.00' N 57'38"50" W PROPOSED VI N YL BULKHEAD Z- R/W 32A ? D.B. 2688 P. 1673 o & 1674 (PLAT) GPIN:1570-42-8809 N r7 c/) LAUDERDALE AVENUE (FORMERLY LAKE AVENUE) (50) R /W) G: \12-09 encroachment.dwg F.B. 476 P. 1 G:\12-09 encroachment.dwg, 7/24/2012 3:57:17 PM, 1:40, DB 4926-B Lauderdale Ave .:..? -65- Itein -VII-K.lOa/b/c/d ORDWANCES/RESOL UTIONS ITEM #62111 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to APPROPRIATE funds to provide Interest Free Loans re purchase and replacement of ambulances: a. Kempsville Rescue Squad, Inc. -$80, 000 b. Virginia Beach Volunteer Rescue Squad, Inc. -$375, 000 c. Plaza Volunteer Rescue Squad -$75, 000 d. Princess Anne Courthouse Volunteer Rescue Squad and Fire Department, Inc. - $15,000 Voting: 10-0 (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 and Rosemary Wilson Council Members voting Nay.• None Council Members Absent.• James L. Wood August 14, 2012 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE KEMPSVILLE RESCUE 3 SQUAD INC. FOR THE PURCHASE OF A REPLACEMENT 4 AMBULANCE 5 6 WHEREAS, the Kempsville Rescue Squad Inc. has requested an interest-free loan 7 of $80,000 to purchase a replacement ambulance with estimated cost of $153,953. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That $80,000 is hereby appropriated from the fund balance of the General 13 Fund for an interest-free loan to the Kempsville Rescue Squad Inc. for the purchase of a 14 replacement ambulance; and 15 16 2. That this loan is to be repaid by Kempsville Rescue Squad Inc. over five (5) 17 years, pursuant to the terms of the attached agreement and promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the 14 t h day of August ,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: Manage nt ervices City.._ 's Office CA12351 R-1 July 27, 2012 PROMISSORY NOTE $80,000 Virginia Beach, Virginia August 14, 2012 FOR VALUE RECEIVED, Kempsville Rescue Squad Inc. ("Maker") promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of EIGHTY THOUSAND DOLLARS ($80,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before August 30, 2013 -$16,000 On or before August 30, 2014 -$16,000 On or before August 30, 2015 -$16,000 On or before August 30, 2016 -$16,000 On or before August 30, 2017 -$16,000 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the faregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). KEMPSVILLE RESCUE SQUAD INC. (SEAL) Title: Date: Agreement between the City of Virginia Beach and the Kempsville Rescue Squad Inc. THIS AGREEMENT is made and entered into this day of , 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Kempsville Rescue Squad Inc., a Virginia nonstick corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY-insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless priar arrangements have been made to reimburse the CITY far the fair market value of the CITY-owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each pariy must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH KEMPSVILLE RESCUE SQUAD INC. CiTy Manager/Authorized Designee By: _ Title: Date ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management City Attorney's Office 2 KEMPSVILLE RESCUE SQUAD INC. P.O. BOX 62345 • VIRGINIA BEACH, VA. 23466 757-340-KVRS - www.kvrs.org May 18, 2012 Chief Bruce W. Edwards Virginia Beach Department of EMS 477 Viking Drive, Suite 130 Virginia Beach, VA 23452 Dear Chief Edwazds, I'm writing on behalf of the Kempsville Volunteer Rescue Syuad to request a NaInterest Loan from the City of Virginia Beach. The loan will be used for the purchase of a new ambulance for our squad. This new ambulance witl replace Unit 920 which has been experiencing an alarming rate of inechanical issues and breakdowns. We hope to have the new unit in service by the end of the summer. We request a loan for Eighty Thousand dollars, which we would like to repay in five annual installments. The requested amount is based on the fotlowing: Estimated price of new ambulance State RSAF Grant Balance $153,953.00 $73,788A0 Approximately $80,165;00 On January 1, 2012 we were awarded a State RSAF Grant of $73,788.00 to apply to the purchase of the new ambulance. Currendy, Kempsville Volunteer Rescue Squad has four loans with the city: • Loan # 1(Unit 927) has an annual payment of $15,400,00 due June 1' each year through 2013 with 2 payments remaining. • Loan # 2(Unit 923) has an annual payment of $12,200.00 due October l' each year through 2014 with 3 payments remaining. • Loan # 3(Unit 422) has an annual payment of $12,400.00 due October 1' each year througlt 2015 with 4 payments remaininp,. • Loan # 4(Unit 921) has an annual payment of $12,000.00 due June 1' each year througft 2016 with five payments remaining. If you need any further information please let me lcnow. Thank you for your consideration of our request. Sincerely, t?n /? im Brewer, V ice-President 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE VIRGINIA BEACH 3 VOLUNTEER RESCUE SQUAD INC. FOR THE PURCHASE 4 OF TWO REPLACEMENT AMBULANCES 5 6 WHEREAS, the Virginia Beach Volunteer Rescue Squad Inc. has requested an 7 interest free loan of $375,000 to purchase two replacement ambulances with estimated 8 cost of $375,000. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That $375,000 is hereby appropriated from the fund balance of the General 14 Fund for an interest-free loan to the Virginia Beach Volunteer Rescue Squad 15 Inc. for the purchase of two replacement ambulances; and 16 17 2. That this loan is to be repaid by Virginia Beach Volunteer Rescue Squad Inc. 18 over five (5) years, pursuant to the terms of the attached agreement and 19 promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of August ,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: _...._?.n._?, Mnagem t rvices Cit?-Aor e s ice ? ? CA12352 R-1 July 27, 2012 PROMISSORY NOTE $375,000 Virginia Beach, Virginia Aup,ust 14, 2012 FOR VALUE RECEIVED, Virginia Beach Volunteer Rescue Squad Inc., ("Maker"), promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of THREE HLTNDERED SEVENTY-FIVE THOUSAND DOLLARS ($375,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before August 30, 2013 -$75,000 On or before August 30, 2014 -$75,000 On or before August 30, 2015 -$75,000 On or before August 30, 2016 -$75,000 On or before August 30, 2017 -$75,000 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC. (SEAL) Title: Date: Agreement between the City of Virginia Beach and the Virginia Beach Volunteer Rescue Squad, Inc. THIS AGREEMENT is made and entered into this day of , 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Virginia Beach Volunteer Rescue Squad, Inc., a Virginia nonstick corporation ("RESCUE SQUAD"), in accardance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY-insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those recards. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle accarding to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accardance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WIT'NESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH City Manager/Authorized Designee VIRGINIA BEACH RESCUE SQUAD INC. By: _ Title: ATTEST: City Clerk Date APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management City Attorney's Office 2 July 16, 2012 y?? EST. 1952 Chief Edwards, The Virginia Beach Volunteer Rescue Squad, Inc. is in the process of purchasing two new ambulances to replace two of our aging fleet, 1421 with 83742 miles, and 1424 with 122,685 miles. These two are our most troublesome units. We are respectively asking for an interest-free loan from the City to facilitate this acquisition. We are asking for a five-year repayment term. The amount requested is $375,000.00. The Squad was unsuccessful in receiving a grant this year frvm the OEMS RSAF grant program. We will be able to move equipment from the two ambulances we are replacing so the cost to equip should be minimal. VBVRS continues to (ead the volunteer EMS system with nearly 240 members. As you are aware we are regularly staffing other stations throughaut the City. It is commonplace to have 30 to 40% of the daily staffing comprised of VBVRS volunteers. Many days it exceeds 50%. We are often staffing Rescue 2, 3, 7, 16,17 and at times station 5. We are constantly covering at least one-third of the calls citywide. Quite often EMS-5 will request extra help when a heavy call volume overloads the system. We send out a request and have crews man extra units until call volume dies down. In addition to providing citywide coverage, we are constantly requested to staff dozens of standby events each year due to our first due area covering the oceanfront area. Our ambulance committee has worked very hard to specify a best-value purchase for the Squad. We have contacted Reginald Padgett, Division Head of Automotive Services for his advice and recommendations on chassis and body selectian. We will be purchasing a different make and model than previously used based in part, on his recommendations. We are ready to issue a purchase order to our dealer and plan to take advantage of prepayment discounts offered to us, therefore, we are requesting an immediate distribution of loan proceeds once approved by you and then City Council. The defivery date will be the last part of December of this year, or beginning of lanuary of next year. I appreciate your consideration and assistance with this loan. Please give me a call if you have any questions for the Squad. Sincerely, ? e , Jrf7l . Chief, VBVRS VIRGIN/A BEACH VQLUNTEER RESCUE SQUAD, INC. 740 VIRGINIA BEACH BLVD. / VIRGINIA BEACH, VIRGINIA 234511 PHONE 757-437-4830 / FAX 757-437-0422 WWW.RESCUEI4.COM 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE PLAZA VOLUNTEER 3 RESCUE SQUAD FOR THE PURCHASE OF A 4 REPLACEMENT AMBULANCE 5 6 WHEREAS, the Plaza Volunteer Rescue Squad has requested an interestfree loan 7 of $75,000 to purchase a replacement ambulance re-chassis with estimated cost of 8 $153,000. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That $75,000 is hereby appropriated from the fund balance of the General 14 Fund for an interest-free loan to the Plaza Volunteer Rescue Squad for the purchase of a 15 replacement ambulance re-chassis; and 16 17 2. That this loan is to be repaid by Plaza Volunteer Rescue Squad over three (3) 18 years, pursuant to the terms of the attached agreement and promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the 14 t h day of August ,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: anage ent Services -City ic _211 ?__Py?x?w CA12353 R-1 July 27, 2012 PROMISSORY NOTE $75,000 Virginia Beach, Virginia August 14, 2012 FOR VALUE RECEIVED, Plaza Volunteer Rescue Squad ("Maker"), promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of SEVENTY- FIVE THOUSAND DOLLARS ($75,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before August 30, 2013 -$25,000 On or before August 30, 2014 -$25,000 On or before August 30, 2015 -$25,000 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantars and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). PLAZA VOLUNTEER RESCUE SQUAD (SEAL) Title: Date: Agreement between the City of Virginia Beach and the Plaza Volunteer Rescue Squad THIS AGREEMENT is made and entered into this day of , 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Plaza Volunteer Rescue Squad, a Virginia nonstick corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY-insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SOUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WIT'NESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH City Manager/Authorized Designee PLAZA VOLUNTEER RESCUE SQUAD By: _ Title: Date ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management City Attorney's Office 2 PLAZA VOLUNTEER RESCUE SQUAD P.O. sox 2128 Virginia Beach, N'A. 23450 Chief April 13, 2012 Department of EMS 477 Viking Drive Suite #130 Virginia Beach, Virginia 23452 The Plaza Volunteer Rescue Squad needs to upgrade its aging 2005 Chevrolet C-4500 Ambulance (1623) with a re-chassis to a 2012 Ambulance. This will ensure continuation of quality emergency services with state of the art equipment. Ambulance 1623 is the oldest of four ambulances in the Plaza Rescue Squad inventory. Over the past year we have experienced increased mechanical problems including air ride suspension failures and power steering and transmission line ruptures. These have resulted in towing service and unscheduletl periods of down time. In addition the following have occurred: • The air ride suspension is a very early model and even when working properly provides for a very bumpy ride in the patient compartrnent. We have received many complaints from providers on this issue. The re-chassis will provide the most current air ride suspension. • Electrical system failures resulting in premature replacement of the Ambulance batteries. The electrical system in the patient compartment will be updated with the re-chassis • Air Conditioning is not adequate to handle the summer temperatures which create scheduling problems during the summer days. This will also be updated with the re-chassis. Unit 1623 is a 2005 model year chassis and is now 7 years old and in need of upgrade. The entire patient compartment and all the systems therein will be checked and updated as necessary. It is more cost effective to rechasis this unit (savings of about $50,000.00) over the purchase of a new ambulance. In addition the flooring and upholstery will all be replaced extending the life of the ambulance for another 5-7 years. The Chevrolet C-4500 chassis is no longer manufactured by Chevrolet. Plaza Rescue Squad has researched and decided on a comparable International Terrastar chassis. We have also test tlriven an ambulance that had a re-chassis from a 2005 Chevrolet to an International Terrastar chassis and it is very similar in handling and driving as compared to our current chassis. This will require less familiarization with our crews and those from other stations. The proposed cost for the re-chassis $153,000.00 Of this cost Plaza Volunteer Rescue Squad has applied for a RSAF grant from the state office of EMS and had been awarded a grant in the amount $47,500.00 Plaza Rescue Squad will be applying $30,500.00 from donations towards the cost plus the sale of the current 1623 chassis (price ta be determined). Current budget constraints limit Plaza Rescue Squad's ability to fund this re-chassis without the assistance of the City of Virginia Beach. Plaza Volunteer Rescue Squad is requesting the city of Virginia Beach to augment the state grant and its funds for the re-chassis with a no-interest loan of $75,000.00. We are further requesting to pay back this loan over a period of three (3) years at $25,000.00 per year. We request the first payment to be one year after the loan is secured. UUI -?r.? ? WIke-*' W ilh aPresi ent 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE PRINCESS ANNE 3 COURTHOUSE VOLUNTEER RESCUE SQUAD AND FIRE 4 DEPARTMENT, INC. FOR THE PURCHASE OF A 5 REPLACEMENT AMBULANCE 6 7 WHEREAS, the Princess Anne Courthouse Volunteer Rescue Squad and Fire 8 Department, Inc. has requested an interest free loan of $15,000 to purchase a replacement 9 ambulance with estimated cost of $159,638. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That $15,000 is hereby appropriated from the fund balance of the General 15 Fund for an interest-free loan to the Princess Anne Courthouse Volunteer 16 Rescue Squad and Fire Department, Inc. for the purchase of a replacement 17 ambulance; and 18 19 2. That this loan is to be repaid by Plaza Volunteer Rescue Squad over three 20 (3) years, pursuant to the terms of the attached agreement and promissory 21 note. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of August , 2012 Requires an affirmative vote by a majority of all member of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Manage ent ervices City. ' ffice CA12357 R-1 August 1, 2012 PROMISSORY NOTE $15,000 Virginia Beach, Virginia August 14, 2012 FOR VALUE RECEIVED, Princess Anne Courthouse Volunteer Rescue Squad and Fire Department Inc., ("Maker"), promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of FIFTEEN THOUSAND DOLLARS ($15,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before August 30, 2013 -$5,000 On or before August 30, 2014 -$5,000 On or before August 30, 2015 -$5,000 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantars and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). PRINCESS ANNE COURTHOUSE VOLUNTEER RESCUE SQUAD AND FIRE DEPARTMENT,INC. (SEAL) Title: Date: Agreement between the City of Virginia Beach and Princess Anne Courthouse Volunteer Rescue Squad and Fire Department, Inc. THIS AGREEMENT is made and entered into this day of , 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Princess Anne Courthouse Volunteer Rescue Squad and Fire Department Inc., a Virginia nonstick corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WTTNF.S?F.TH For and in consideration of the mutual promises and covenants set forth herein, and far other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY-insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those recards. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without autharization from the City Council. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay far all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accardance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH PRINCESS ANNE COURTHOUSE VOLUNTEER RESCUE SQUAD AND FIRE DEPARTMENT, INC. City Manager/Authorized Designee By: _ Titie: Date ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 2 Princess.4ntre Ccrurthouse Vvlranteer x dtescue Squad and Fire I?leparttnent, Inc. tx Mt 17 f'ost 11lfice Bo.r 6344 5 YFfginia Bear(z. Virginic. 234 56 ? 3e?nng the ComrarunrCy Sart^e 1947 u luly 17, 2012 Chief Edwards, f am writing this letter on behaEf of the Princess Anne Courthause Voiunteer Rescue Squad, it is our intention to ask for an interest free laan from the city far the purchase af a new ambuiance. As you may know by now we have been approved for a RSAF grant for 80/20 funds. The grant amount is $124,548.00. We have alsa received a grant of $20,000.00 from the Virginia Beach Rescue Squad Foundatipn. Currentfy, we are working with Wheeled Coach to purchase a 2012 type 1(I Chevy 4500170" . module ambulance for a total cost of $159,638.00. ! am looking to apply for a$15,OOOAO loan from the city to compiete this purchase. Please find attached our grant application which includes our reasons for requesting ta borrow money and replace current equipment. The current mileage on tha unit to be replaced is 209,450. Should yau have any further questions, piease feel free to contact myself at 757-343-5471 or Melanie (Dunn) Burns at {573} 528-0616. Thank you for your time and consideration in this matter. Ve espectfully Gary A. Wi1ks SR Captain Gwi1ks5606@aoLcarn 757-343-6471 -66- Item -VII-K.Ila/b/c/d/e ORDINANCES/RESOL UTIONS ITEM #62112 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY CONSENT Ordinances to ACCEPT and APPROPRIATE: a. $119,249 from the Edward Byrne Justice Assistance Grant (JAG) to Police, Sheriff, Courts and Community Corrections b. $60, 000 from the Virginia Department of Criminal Justice Services (DC.IS) to Human Services re Pre-Trial Probation Officer I part-time positions and contracted manpower c. $56, 730 from the Edward Byrne Justice Assistance Grant (JAG) with a$6,304 local match re a system-wide evaluation of the Juvenile Probations Services d. $25, 000 from the Virginia Department of Criminal Justice Services to Human Services re Juvenile delinquency e. $25, 000 from the Virginia Department of Criminal Justice Services to Police re child pornography Voting: 10-0 (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. Zlhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent.• James L. Wood August 14, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FOR PUBLIC SAFETY AND CRIMINAL PROCESSING BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $119,249 is hereby accepted from the Edward Byrne Justice Assistance Grant, through the United States Department of Justice, and appropriated, with federal revenues increased accordingly, to the FY 2012-13 budgets of the following departments in the amounts and for the reasons set forth: a. $46,000 to the Police Department for the purchase of a tactical robot and alternative light source; b. $39,900 to the Youth Opportunities Office for the summer youth employment program; c. $23,349 to the Sheriff for the jail security -canine program and to purchase video surveillance camera; and d. $10,000 to Community Corrections and Pretrial to hire a consultant to conduct a system assessment and recommendation for systemic improvements; 2. That all contracted positions funded through this grant shall be eliminated when grant funding expires. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of August 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: A2a?/? i r? Manage ent ervices - z I-N = City Attorney's Office CA12350 R-1 July 25, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE GRANT FUNDS FOR THE COMMUNITY CORRECTIONS AND PRE-TRIAL SERVICES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $60,000 is hereby accepted from the Virginia Department of Criminal Justice Services and appropriated, with estimated state revenues increased accordingly, to the FY 2012-13 Operating Budget of the Department of Human Services for two part-time positions and contracted manpower for the Community Corrections and Pretrial Services program for adults; and 2. The part-time positions associated with this ordinance are conditioned upon continued grant funding. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of August 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: t ? ?Manage ent Services _Cit y's Office CA12355 R-1 July 30, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE FEDERAL BYRNE JUSTICE ASSISTANCE GRANT PROGRAM AND TO TRANSFER FUNDS FOR THE REQUIRED LOCAL MATCH BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $56,730 in federal funding is hereby accepted from the Department of Criminal Justice Services through the Byrne Justice Assistance Grant Program and appropriated, with estimated federal revenues increased accordingly, to the FY 2012-13 Operating Budget of Juvenile Probation for purposes of obtaining a system-wide evaluation of programs and services offered through the Virginia Beach Court Service Unit and its primary referral agencies to identify the strengths and weaknesses of current services and implement changes as recommended; and 2. $6,304 is available in the FY 2012-13 Operating Budget of Juvenile Probation and is hereby transferred within its budget for the required match. Ado ted by the Council of the City of Virginia Beach, Virginia, on the 14th day of Augus? , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT ? ?r anage nt ervices APPROVED AS TO LEGAL SUFFICIENCY: . City'ratorhey's Office CA12349 R-1 July 24, 2012 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FOR THE PREVENTION OF 3 JUVENILE DELINQUENCY 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 That $25,000 is hereby accepted from the Virginia Department of Criminal Justice 7 Services and appropriated, with estimated state revenues increased accordingly, to the FY 8 2012-13 Operating Budget of the Department of Human Services for enhanced services to 9 addresses juvenile delinquency. Adopted by the Council of the City of Virginia Beach, Virginia on the 14 t h day of August 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT Management Services APPROVED AS TO LEGAL SUFFICIENCY: . , ; _. Ci??c., i? r ' ice CA12342 R-1 July 13, 2012 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO IDENTIFY, INVESTIGATE, AND CRIMINALLY 3 PROSECUTE INDIVIDUALS COMMITTING INTERNET 4 CRIMES AGAINST CHILDREN 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 $25,000 is hereby accepted from the Virginia Department of Criminal Justices 8 Services and appropriated, with estimated state revenues increased accordingly, to the FY 9 2012-13 Operating Budget of the Police Department to provide overtime pay and 10 specialized training to the Police Department's Computer Crime Unit, which will enable 11 them to identify investigate, and prosecute suspected distributors of child pornography. Adopted by the Council of the City of Virginia Beach, Virginia on the 14 t h day of August 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT Q, Management Services APPROVED AS TO LEGAL SUFFICIENCY: to s ffice CA12345 R-1 July 17, 2012 -67- Item -VII-L PLANNING ITEM #62113 1. PARKWAYESTATES, LLC 2. WEBSTER R. and MAR Y ELIZABETH LA WLER 3. TENCH H. PHILLIPS, JR. 4. MICHAEL J. BARRETT/SALT MEADOW BAY, LLC 5. TGM REAL Y INVESTORS, INC. TECHNOCENTER ASSOCIATIONS, LLC 6. RESERVE INVESTMENTS II, INC./ BILL SMITH ETAL, TR USTEES FOR ARAGONA CHURCH OF CHRIST 7. COURTHOUSE GREEN, LLC FLOODPLAIN YARIANCE VARIANCE CONDITIONAL USE PERMIT MODIFICATION CHANGE OF ZONING MODIFICATION OF PROFFERS CONDITIONAL USE PERMIT CHANGE OF ZONING CHANGE OF ZONING August 14, 2012 -68- Item -VII-L PLANNING ITEM #62114 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items l, 2, 3, 4, S(DEFERRED TO SEPTEMBER 11, 2012), 6 and 7 of the PLANNING BY CONSENT AGENDA. Councilman Moss will vote verbal NAY on Item #6 Mayor Sessoms will ABSTAIN on Item #7 Voting: 10-0 (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 and Rosemary Wilson Council Members Voting Nay.• None Council Members Absent: James L. Wood August 14, 2012 -69- Item -VII-L.1 PLANNING ITEM #6211 S Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of PARKWAY ESTATES, LLC for a Floodplain Variance re single family lots at Townfreld Lane south of Nimmo Parkway DISTRICT 7- PRINCESSANNE (re a CUP approved October 23, 2007) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of PARKWAY ESTATES, LLC for a Floodplain Yariance re single family lots at Townfield Lane south of Nimmo Parkway (GPIN 2414645890) DISTRICT 7- PRINCESS ANNE (re a CUP approved October 23, 2007) The following conditions shall be required: The site shall be developed substantially in accordance with the submitted Plan entitled "Preliminary Subdivision of Parkway Estates ", Sheets S-1. 0 and 5-1.1 dated 0110612010, revised 0512212012, and prepared by WPL Landscape Architecture Land Surveying Civil Engineers. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. This Ordinance shall be effective in accordance with Section 107(fi of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth day of August, Two Thousand Twelve August 14, 2012 -70- Item -VII-L.1 PLANNING ITEM # 6211 S(Continued) Voting: 10-0 (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 and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood August 14, 2012 -71- Item -VII-L.2 PLANNING ITEM #62I16 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of WEBSTER R. and MARY ELIZABETH LAWLER for a Variance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 6902 Atlantic Avenue DISTRICT 5- LYNNHAVEN BE IT HEREBY ORDAINED BY THE CO UNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of WEBSTER R. and MARY ELIZABETH LAWLER for a Variance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 6902 Atlantic Avenue (GPIN 2419647959) DISTRICT 5- LYNNHAVEN The following conditions shall be required: The site shall be subdivided and developed substantially in conformance with the submitted "PRELIMINARY RESUBDIVIOSN PLAT, Resubdivision of the Southern thirry (30) of Lot-4 and the Northern 40' of Lot-S, Block 10, Cape Henry ", dated 1010612011, and prepared by WPL Landscape Architects/Land Surveyors/Engineers. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed dwellings shall be constructed in substantial conformance with the style of the dwelling depicted as "Front Elevation " on the submitted "Subdivision Improvement Plan, Lawler Residence, 6902 Atlantic Avenue, " dated May 1, 2012, and prepared by WPL Landscape Architects/Land Surveyors/Engineers. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. This Ordinance shall be effective in accordance with Section 107(? of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, virginia, on the Fourteenth day of August, Two Thousand Twelve August 14, 2012 -72- Item -VII-L.2 PLANNING ITEM#62116 (Continued) Voting: 10-0 (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 and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood August 14, 2012 -73- Item -VII-L.3 PLANNING ITEM #62117 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council APPROVED/CONDITIONED, BY CONSENT, Application of TENCH H. PHILLIPS, JR. for a Conditional Use Permit Modification re site and building improvements for automobile sales and service at 4949 Virginia Beach Boulevard (Approved by City Council on August 25, 1995) DISTRICT 4- BAYSIDE BE IT HEREBY ORDAINED BY THE CO UNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of TENCH H. PHILLIPS, JR. for a Conditional Use Permit Modi ication re site and building improvements for automobile sales and service at 4949 Virginia Beach Boulevard (Approved by City Council on August 25, 1995) (GPIN 1477048837) DISTRICT 4- BAYSIDE The following conditions shall be required: The redevelopment of the Property shall substantially conform to the "Conceptual Site Layout & Landscape Plan of Phillips Mercedes-Benz, Virginia Beach, Virginia" dated May 1, 2012, prepared by MSA, P.C. Said plan has been exhibited to City Council and is on file in the Planning Department of the City of Virginia Beach. 2. The elevations of the building improvements to be constructed on the Property shall substantially conform with the architectural renderings entitled "Exterior Elevations " and "Phillips Mercedes-Benz, 4949 Virginia Beach Boulevard, Virginia Beach 23462 ", dated May 1, 2012, and prepared by Clear Architectural Design, LLC and "Proposed Exterior Elevation LR Phillips Virginia Beach" dated 03.15.12. Said elevations have been exhibited to the City Council and are on file in the Planning Department of the Ciry of Virginia Beach. 3. The applicant shall submit a Lighting Plan and/or Photometric Diagram Plan during detailed Site Plan review. Said Plan shall include the location of all pole- mounted and building-mounted lighting fixtures, as well as the listing of lamp type, wattage and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The Plan shall include provisions for implementing low-level securiry lighting for non-business hours. 4. Vehicles shall be parked within the designated parking areas and no vehicles shall be parked within any portion of the public right-of-way. Vehicles shall not be displayed on raised platform, except vehicles may be displayed on the articulation demonstration - test track in the location depicted on the Conceptual Site Layout and Landscape Plan. Vehicles shall not be displayed or parked within any landscape area on the site. Vehicles shall not be displayed with the hood of the vehicle open. August 14, 2012 -74- Item -VII-L.3 PLANNING ITEM #62I17(Continued) 5. There shall be no electronic display signs, pennants, streamers, balloons, portable signs, strings of lights or banners displayed on the site or the vehicles. 6. No outdoor speakers or public address system shall be permitted. 7. All automotive repair work shall be conducted within the building. No outside storage of parts or equipment other than in a designated screened area at the southeastern portion of the site. No outside storage of vehicles wrecked or in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, such vehicles shall be stored within the building. This Ordinance shall be effective in accordance with Section 107()g of the Zoning Ordinance. Adopted by the City Council of the Ciry of Virginia Beach, Virginia, on the Fourteenth day ofAugust, Two Thousand Twelve Voting: 10-0 (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 and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood August 14, 2012 -75- Itern -VII-L.4 PLANNING ITEM #62118 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED AS PROFFERED, BY CONSENT, Application of MICHAEL J. BARRETT/SALT MEADOW BAY, LLC, for a Modi acation of Proffers Nos. 1, 3, and 4 on a Change of Zoning re townhouses at Barberton Drive and Oakland Avenue DISTRICT 6- BEACH BE IT HEREBY ORDAINED BY THE CO UNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of MICHAEL J. BARRETT/SALT MEADOW BAY, LLC, for a Modification o Pro,ffers Nos. 1, 3, and 4 re townhouses at Barberton Drive and Oakland Avenue (GPIN 2417798731) DISTRICT 6- BEACH The following conditions shall be required: 1. All motor vehicle repairs shall take place inside the building. 2. All painting shall be done indoors with the exterior doors closed. 3. There shall be no outside display or storage of equipment, parts or materials. 4. 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. 5. There shall be no storage containers outside the building, including parking spaces. 6 All outdoor lighting shall be shielded to direct light and glare onto the premises. All lighting shall be deflected, shaded and focused away from adjoining property. 7. A Certificate of Occupancy shall be obtained from the Building Official for the appropriate Use Group. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. August 14, 2012 -76- Item -VII-L.4 PLANNING ITEM #621I8(Continued) Voting: 10-0 (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 and Rosemary Wilson Council Members Voting Nay: None Council Members Absent.• James L. Wood August 14, 2012 BEA? , ? ..._ _.... i 2 l 2 9,Pr s ?f DUR NPt?? In Reply Refer To Our File No. DF-8340 TO: Mark Stiles -? ,?J FROM: B. Kay Wilsorw CITY OF VIRGINIA BEACH 1NTER-OFFICE CORRESPONDENCE DATE: August 3, 2012 DEPT: City Attorney DEPT: City Attorney RE` Conditional Zoning Application; Michael J. Barrett The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 14, 2012. I have reviewed the subject proffer agreement, dated June 20, 2012 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen This Document Prepared by: Fine, Fine, Legum & McCracken, LLP THIS AGREEMENT made this AD day of June, 2012 by and between SALTMEADOW BAY, LLC, a Virginia limited liability company, Property Owner/Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, Property Owner is the owner of certain parcels of property located in the Beach District of the City of Virginia Beach, more particularly described in Exhibit "A"; and WHEREAS, the Grantor initiated a conditional amendment to the zoning map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-7.5 Residential District to Conditional A-36 Apartment District which was granted by the City Council of the City of Virginia Beach on March 27, 2007, as evidenced by proffer Agreement duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach on March 30, 2007 as Instrument No. 20070330000425490; and WHEREAS, Property Owner has initiated a modification to the Conditional Change of Zoning; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit different types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of GPIN 2417-79-8731 . Page 1 the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, by instrument recorded on March 30 2012 as Instrument No. 20070330000425490, and as modified as hereinafter set forth, in writing and in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, their successors, personal representatives, assigns, Grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following revised and amended declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this revised and amended declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, Grantees, and other successors in interest ar title. Page 2 1. The project shall be developed substantially as shown on the Conceptual Site Layout Plan entitled, "Osprey Point" Barberton, Drive, Virginia Beach, Virginia" dated 03/05/12 prepared by MSA, P.C., which has been exhibitecl to the City of Virginia Beach City Council and are on file with the Department of Planning (hereinafter "Concept Plan"), which plan provides for 2.2 acres of open space. 2. No Change. The height of the building shall not exceed 35 feet. 4. The exterior design, material, and colors of the eight Townhome units shall adhere to the elevations shown on the exhibit entitled Saltmeadow Bay Presentation Board 3A, dated December 15, 2011, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevations"), which materials have been coordinated with the approved design, materials, and colors of the adjacent Saltmeadow Bay Apartment project. The materials will be hardie plank or similar cement fiber siding and shingles, brick on the face of the first floor garage, architectural shingles on the roof, and porch railings of weather resistant vinyl or similar material. No Change 6. No Change. 7. No Change. All other proffers not otherwise amended herein shall remain in full force and effect as set forth in the agreement previously recorded as Instrument No. 20070330000425490. The above modified and amended conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the modification of amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until Page 3 specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that such instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of Page 4 conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. [Signatures on the following page] Page 5 WITNESS the following signatures and seals: GRANTOR: SALTMEADOW BAY, L.L.C. B Y Andrew S. Fine, Co- anager By Michael J. Barrett, Co-Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, ,?i?% r4 , --',S 5", , a Notary Public in and for the City and State aforesaid, do hereby certify that Andrew S. Fine, Co-Manager of Saltmeadow Bay, L.L.C., whose name is signed as such to the foregoing instrument dated the day of June, 2012, did personally appear before me in my City and State aforesaid and acknowledge the same before me. GIVEN under my hand and seal this??ciy of June, 2(112. Notary Public; egistration No. My commission expires: ? 3? S STATE OF VIRGINIA v AniLa G. Grn sso Commonwealth ut ?rgfnia CITY OF VIRGINIA BEACH, to-wit: tvotary Pubiic Commi,sion No. 328038 Commiss'c Expi s 9 015 I, ? a iic°in-ar3c? ?- d State aforesaid, do hereby certify that Michael J. Barrett, Co-Manager of Saltmeadow Bay, L.L.C., whose name is signed as such to the foregoing instrument dated the_-'-? % nc?ay of June, 2012, did personally appear before me in my City and State aforesaid and acknowledge the same before me. GIVEN under my hand and seal this,,? day of June, 2012. C- ` ? L t_c Notary Public; Registration No. 3 z? My commission expires: ?/ ; Anita G. Grossa , Ccmmonwealth of Virginia ; Notary Pubiic ? Commission Na 329038 Page 6 Exhibit "A" ALL THAT certain lot, piece or parcel of lancl, together with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Parcel A-2, Area = 141,425 S.F. or 3.247 AC on that certain plat entitled "Resubdivision Plat of a Closed Portion of Oakland Avenue, Lots 1- 10, Block 5(GPIN 2417-79-8677) Lot 6, Block 4(GPIN 2417-79- 7932) Bean Garden M.B. 16, PG 53), Virginia Beach, Virginia", dated November 16, 2007, and made by MSA, P.C., which subdivision plat was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on February 21, 2008, as Instrument No. 20080221000191950. IT BEING a portion of the same property conveyed to Salt Meadow Bay, LLC by Deed of The Runnymede Corporation dated December 19, 2000 and recorded in Deed Book 4340, at page 604 and corrected and re-recorded in Deed Book 4719 at page 1488. j: . .. . . . . .. -77- Item -VII-L. S PLANNING ITEM #62I19 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO 09111112, BY CONSENT, Application of TGM REALTY INVESTORS, INC./TECHNOCENTER ASSOCIATIONS, LLC for a Conditional Use Permit re a private college (Stratford University) at 555 South Independence Boulevard (DISTRICT 2- KEMPSVILLE) Voting: 10-0 (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 and Rosemary Wilson Council Members Voting Nay: None Council Members Absent.• James L. Wood August 14, 2012 -78- Item -VII-L.6 PLANNING ITEM #62120 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, Application of RESERVE INVESTMENTS II, INC./BILL SMITH, ETAL, TRUSTEES FOR ARAGONA CHURCH OF CHRIST for a Change of Zoning District Classi ication, from PDH-2 Planned Unit Development Overlay District to P-1 Preservation District at 527 Witchduck Road DISTRICT 4 - BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of RESERVE INVESTMENTS II, INC./BILL SMITH, ETAL, TRUSTEES FOR ARAGONA CHURCH OF CHRIST for a Change o Zoning District Classi ication, from PDH-2 Planned Unit Development Overlay District to P-1 Preservation District at 527 Witchduck Road (GPIN 146 7981860) DISTRICT 4- BAYSIDE This Ordinance shall be effective in accordance with Section 107(? of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth day of August, Two Thousand Twelve. Voting: 9-1 (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, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: John D. Moss Council Members Absent.• James L. Wood August 14, 2012 -79- Item -VII-L.7 PLANNING ITEM #62121 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, Application of COURTHOUSE GREEN, LLC for a Change o Zoning District Classi acation, from R-SD (Conditional PD-112) District to P-1 Preservation District at 2504 North Landing Road DISTRICT 7- PRINCESS ANNE BE IT HEREBY ORDAINED BY THE CO UNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of COURTHOIISE GREEN, LLC for a Chan e o Zoning District Classi rcation, from R-SD (Conditional PD-112) District to P-1 Preservation District at 2504 North Landing Road (GPIN portions of 1494716347 and 1494711651) DISTRICT 7- PRINCESS ANNE This Ordinance shall be effective in accordance with Section 107( )9 of the Zoning Ordinance. Adopted by the Ciry Council of the City of Virginia Beach, Virginia, on the Fourteenth day of August, Two Thousand Twelve. Voting.• 9-0 (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, John E. Uhrin and Rosemary Wilson Council Members Voting Nay.• None Council Members Absent.• James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. ITEM VII-M August 14, 2012 City of Virgirzia Seach ? , ?8 pp oUR NpT`pN<' WILLIAM D. SESSOMS, JR. MAYOR ln Reply Refer to 0044721 August 14, 2012 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 V BgOV . COI71 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 385-4581 FAX (757) 385-5699 wsessoms*vbgov.com Re: Abstention Pursuant to Confliet of Interests Act § 2,2-3115 (E) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussian and vote on the application of Courthouse Green, LLC for a Change of `Loning District Classification at 2504 North Landing Road. 2. I am an officer of Towne Financial Serviccs, which is an affiliated entity of TowneBank, which is located at 600 22°d Street in Virginia Beach. The applidant has advised that TowneBank provided financing for this project. 3. Although the City Attorney has advised me that the Conflict of Interests Act provides that I have no conflict and may participate in this transaction without restriction, T nevertheless wish to voluntarily disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council, Mrs. Ruth Hodges Fraser -2- August 14, 2012 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E) Thank you for your assistance and cooperation in this matter. Sincerely, illiam D. Sessoms Mayor WDS/RRI -80- APPOINTMENTS ITEM #62122 BY CONSENSIIS, City Council RESCHEDULED the following APPOINTMENTS: AGRICULTURAL ADVISORY COMMISSION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF B UILDING CODE APPEALS COMMUNITY SER VICES BOARD DE vELOPMENT A UTHORITY HEAL TH SER VICES AD VISOR Y BOARD HUMAN RIGHS COMMISSION INVESTIAGIVE REVIEW PANEL August 14, 2012 -81- Item -VII-M APPOINTMENTS ITEM #62123 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Michael Standing- At Large and Kema Geroux - Lynnhauen 3 Year Term 9/01/12-8/3l/IS and Robert Vallad, Jr. Student, Princess Anne High School 2 Year Term 08101112 -0 8131114 PARKS AND RECREA TION COMMISSION Voting: 10-0 (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 and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood August 14, 2012 -82- Item -VII-M APPOINTMENTS ITEM #62124 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Merrilu P. Ablowich Mary D. McGovern Ernestine Middleton Nancy K. Parker Michael S. Summers 3 Year Term 09101112 - 08131115 and APPOINTED: Cheryl Woodhouse 3 Year Term 09101112 - 08131115 And Jazmine Aguilar, Jr. - JUNIOR Student, Ocean Lakes High School 2 Year Term 081011I2 - 08131114 PUBLIC LIBRARY BOARD Voting: 10-0 (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 and Rosemary Wilson Council Members voting Nay: None Council Members Absent: James L. Wood August 14, 2012 -83- Item -VII-M APPOINTMENTS ITEM #62125 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Kimberly Shepherd, At Large 3 Year Term 09101112 - 08131115 REVIEW AND ALLOCATION COMMITTEE Voting: 10-0 (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 and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood August 14, 2012 -84- Item -VII-M APPOINTMENTS ITEM #62126 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Leonard A. Johnson S Year Term 10101112 - 09130117 WETLANDS BOARD Voting: 10-0 (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 and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood August 14, 2012 -85- Item -VII-N ADJOURNMENT ITEM #62127 Mayor William D. Sessoms DECLARED the Ciry Council Meeting ADJOURNED at 6: 52 P.M. AmcWda F?le?y-Barnes, CMC Chief Dep tlCity Clerk R th Hodges raser, MMC ity Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor August 14, 2012 -85- Item -VII-N ADJOURNMENT I7EM #62I27 Mayor William D. Sessoms DECLARED the City Council tLleer-n? ADJOL'RNED at 6:52 P.M. Amanda Fine Barnes, CMC Chief Depu ity Clerk uth Hodges Fraser, MMC Ciry Clerk City of Virginia Beach Virginia , William D. Sessoms, Jr. Mayor August 14, 2012 -86- PUBLIC DIALOGUE Christine Ross, 1647 Oceana Lakes Drive, Phone: 905-1835, informed City Council she has Lyme disease and has been following the "hens on property " closely. Hens are low cost and environmentally friendly. Hens eat diseased ticks. Ms. Ross requested the Ciry close abortion mills within the City. Barbara Messner congratulated the Crime Solvers on their Anniversary. Ms. Messner wrote a letter to the Mayor regarding "Baby Braxton 's " death requesting the Human Services Director be terminated immediately. The Public Dialogue re Non Agenda Items concluded at 6: SS P.M. August 14, 2012