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HomeMy WebLinkAboutJUNE 11, 2013 MINUTESCITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 JOHN D.MOSS, At -Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lvnnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITYATTORNEY- MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 11 JUNE 2013 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgov.com I. CITY MANAGER'S BRIEFINGS - Conference Room - 3:00 PM A. CAVALIER PROPERTY DEVELOPMENT CONCEPT Bruce Thompson, CEO, Gold Key/PHR Hotels and Resorts Bart Frye, Chairman of the Board, Frye Properties, Inc. B. BOW CREEK COMMUNITY RECREATION CENTER FUND TRANSFER Michael Kalvort, Director, Parks and Recreation II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Stanley Sawyer, DD Pastor, All Saints Episcopal 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 May 28, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. LAW ENFORCEMENT UNITED DAY — June 11, 2013 John W. Mapes, Vice President of Law Enforcement United 2. PRISCILLA BEEDE DAY — June 11, 2013 Priscilla Beede, Chair, COG I. PUBLIC HEARING 1. ELECTION POLLING PRECINCT LOCATION CHANGE a. Avalon Precinct to Woodstock Elementary School J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §10-1 re changing the Polling Place for the Avalon Precinct to the Woodstock Elementary School b. § 2-425, 12-28.1 and 27-6 re Impersonation of an Officer c. §5-200 re Vaccination or Inoculation of Dogs or Cats d. Chapter 5 re Dangerous Dogs 2. Resolution to DIRECT the City Manager ACCEPT an unsolicited Proposal under the Public Private Education Facility and Infrastructure Act of 2002 (PPEA) re Light Rail 3. Resolution to AUTHORIZE the Issuance by the Economic Development Authority of Middlesex County of its Revenue and Refunding Bond in an amount not to exceed $8,497,000 re Cape Henry Collegiate School, Inc. 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with AH Sandbridge, LLC for City -owned right-of-way for the purpose of erecting temporary signage at 2101 Princess Anne Road. (Deferred from May 28, 2013) 5. Ordinance to DECLARE City -owned property to be in EXCESS of the City's needs and AUTHORIZE the property to be EXCHANGED for property and easements owned by King Farms, LLC at 3000 West Neck Road 6. Ordinance to APPOINT Viewers for one-year terms, beginning July 1, 2013, to view any proposed street or alleyway closures 7. Ordinance to GRANT permits to ALLOW Emergency Medical Services Agencies to operate in the City of Virginia Beach: a. Eagle Medical Transports b. Eastern Shore Ambulance Service c. American Lifeline Medical Transport d. Lifeline Ambulance Service e. Mid -Atlantic Regional Ambulance f. Children's Hospital of the King's Daughters g. Special Event Providers of Emergency Medicine h. Nightingale Air Ambulance Service i. LifeEvac Virginia/Air Methods Corporation j. Emergency Medical Response k. Medical Transport 8. Ordinances to APPROPRIATE and/or TRANSFER: a. $39,057 re Juvenile Accountability Block Grant b. $100,000 from the Federal Emergency Management Agency (FEMA) re Virginia Task Force Two Urban Search and Rescue Team re the devastating storm in Moore, Oklahoma c. $700,000 from the Fund Balance of the Risk Management Internal Service Fund re Insurance Premiums and Workers' Compensation Claims K. PLANNING/ORDINANCES 1. Application of MARISA MULLIGAN for a Variance to Section 5B.5 of the Site Plan Ordinance (Floodplain Regulations) at 2250 Wake Forest Street (DISTRICT 5-LYNNHAVEN) RECOMMENDATION APPROVAL 2. Application of CYNTHIA S. and WALLACE G. RENO for a Conditional Use Permit re a Child Daycare at 5305 Hamilton Lane (DISTRICT 2-KEMPSVILLE) RECOMMENDATION APPROVAL 3. Application of MILDRED R. and JOSEPH GRANT for a Conditional Use Permit re a Child Daycare at 2009 Joliet Court (DISTRICT 7 -PRINCESS ANNE) RECOMMENDATION APPROVAL 4. Application of AMY G. STOVALL for a Conditional Use Permit re a Child Daycare at 1256 Tweedbrook Place (DISTRICT 5-LYNNHAVEN) RECOMMENDATION APPROVAL 5. Application of ARMADA HOFFLER DEVELOPMENT COMPANY, L.L.C. / DAVID B., LUKE H. and SUSIE WOOD HILL for a Conditional Change of Zoning from AG -2 Agricultural and B-2 Community Business to B-2 Community Business re a shopping center at 2101 Princess Anne Road (DISTRICT 7 - PRINCESS ANNE) (deferred from May 28, 2013) RECOMMENDATION APPROVAL 6. Ordinance to AMEND Section 301 of the City Zoning Ordinance (CZO) re Outdoor Recreational and Amusement facilities in the Preservation Zoning District L. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMITTEE BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE GREEN RIBBON COMMITTEE HAMPTON ROADS PLANNING DISTRICT COMMISSION HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL SOCIAL SERVICES BOARD TIDEWATER COMMUNITY COLLEGE M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************** I 2013 CITY HOLIDAYS Independence Day - Thursday, July 4 Labor Day - Mimday, September 2 Veterans Dat' - Monday, November 11 .Thanksgiving Day & Day after Thanksgiving - Thursday, November 28 ct} Friday, November 29 Christmas Eve (half-day) - Tuesday, December 24 Christmas Day - Wednesday, December 25 -1- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 11, 2013 Mayor William D. Sessoms, Jr., called to order the City Council's Informal Session, in the City Council Conference Room, Tuesday, June 11, 2013, at 3:00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: None June 11, 2013 -2 - CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866 3:00 P.M. The Mayor introduced and welcomed Mr. Bruce Thompson and members of the Cavalier Preservation Committee. Mr. Thompson advised his group was approved by the BuCourt for sale of this property with the initial non-refundable down payment of $3.5 -MILLION which now obligates him to purchase the property as there are no contingency terms. C �T) KE\ P1111 Mr. Thompson advised this process is in the conceptual stage of what we believe can be done. During the selection process, Mr. Thompson 's company was the only one to offer purchase of all three properties. The Cavalier Properties • Gold Kea PI IR Investment Tnterests • Persona/ c^'Pro,Jcr,ronal (Turtle Ceti; Hilton. (Vice Brriuir;, Cavinier) • The Selection Process • Our Development Options • The Master Plan • _4 3200+ investment rn a vibrant aerated resort community • Oceanfront Development • Oceanfront hotel. The Beach Clue, Restoration (potential), Future development site • Lands/de • Bestoration of the historic hotel thulusive \'afar?al Historic Begin :7 • Residential resort tifestt le vosne1111i1:) • Insbiratio[ aN.UKI: i'Ilti June 11, 2013 -3 - CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) The three properties purchased and identified below are the "Old Cavalier", "New Cavalier" and "Beach Club ". Mr. Thompson employed Hanbury Evans Wright Vlattas Company to complete an assessment of the Old Hotel. The Old Hotel was built in 1927 and has 115 guest rooms; however, the assessment shows the Old Hotel is in horrific condition after years of non -repair and non-use. Mr. Thompson hopes to yield 90 guest rooms in the restoration. In order to make restoring the Old Cavalier economically feasible, we must come up with more economic interests and engines. The initial estimate to restore the Old Hotel is $40 -MILLION with an additional 20% in contingencies for the "unknowns ". June 11, 2013 -4 - CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCENTP ITEM #62866(Continued) The concept for the Old Cavalier is to develop this property along the same lines as the Homestead or the Greenbrier. This project must be something special and first class. This will require support from the City and the Community. The idea is to work within the landscape due to the character it provides to the property including the walking paths connecting the surrounding neighborhoods. OLD ct\\;v.nTR Brick walking paths June 11, 2013 -5 - CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) The vision is for the grounds to be similar to the Greenbrier and Homestead. VISION FOR t)1.1) LIE Southern Sophistication June 11, 2013 -6 - CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) The grounds could host community events and possibly house a first class spa. VLSI() J,Df Air\111 R Community Events Health & Wellness The Old Cavalier could host a variety of retreats and diverse offerings for various memorable events, such as weddings. Mr. Thompson envisions a wedding chapel equal to none other. June 11, 2013 -7 - CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) In order for the restoration of the Old Cavalier to be economically feasible, here has to be more economic drivers than just the hotel. The concept is to develop "Residences on the Hill" and to integrate residents that are looking to downsize, upsize or even purchase a second home, all while maintaining the natural settings. RIISI DEN I I AI.()PPML 11 Cottages or brown stones will work well for this concept. The walkways will be preserved and properties will be compatible with the surrounding neighborhoods. RI SIDI:NIIAT, OPPoRIUNITIES np Diverse Product Offerings June 11, 2013 'P I -8- CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) Below are photos of different concepts and inspirations in designing this property: R} ISFNTTAT, OPPOR I1 NITIES &)PN RI -UNITIES S June 11, 2013 -9 - CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) RI SDEN DAL OPPOR. NITIP ih.111il 1.1 11111111, °t {aEGl�li � l�ro. RI ,,SIDENT 1 )PPORTI:NrcIES 1` Integrated with Nature June 11, 2013 1W I -10- CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) R1=S1D1;NTTALOPJORTCNMES The vision for the New Cavalier is to bring a more "hip" and "modern" element to this property. VISION Pt R Nr Full-service Oceanfront Resort& Conference Center June 11, 2013 -11 - CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) This concept for this property is again to be `first class" with a boutique and elegant atmosphere. June 11, 2013 -12 - CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) Below and following are photos of different concepts and inspirations in designing this property: June 11, 2013 -13- CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) June 11, 2013 1 -14- CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) June 11, 2013 1 -15- CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) June 11, 2013 I -16- CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) June 11, 2013 -17 - CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) Again, below are photos of different concepts and inspirations in designing this property: June 11, 2013 -18 - CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) June 11, 2013 -19- CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) June 11, 2013 -20- CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) June 11, 2013 -21 - CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) June 11, 2013 -22 - CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) Residences on the Hill • The North 1 (The 40''s Streets) • Fast Beach • The Market • Dor.,,•n.;itiing • Ubsko • Second Home • The Products • Cottage 1lomes • E.,laie Homes • BronoLdolles t1.1)ktil 1111; June 11, 2013 -23 - CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) Below are pictures of different concepts and inspirations in designing this property: June 11, 2013 -24- CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) June 11, 2013 I -25- CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) June 11, 2013 -26 - CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) June 11, 2013 -27- CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) June 11, 2013 -28- CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) June 11, 2013 -29 - CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) June 11, 2013 -30- CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) June 11, 2013 -31 - CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) June 11, 2013 -32 - CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) June 11, 2013 -33- CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) June 11, 2013 -34- CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) June 11, 2013 -35 - CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) June 11, 2013 I -36- CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) June 11, 2013 -37- CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) June 11, 2013 -38 - CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) June 11, 2013 -39- CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) June 11, 2013 -40 - CITY MANAGER'S BRIEFING CAVALIER PROPERTY DEVELOPMENT CONCEPT ITEM #62866(Continued) 111 )111111 11411 Mr. Thompson advised the private investment will be in excess of $200 -MILLION. The City's financial support and the community's involvement/support are both necessary to ensure this property is successful. The Economics • Private Investment • Municipal Investment • Civic Involvement From our perspective it truly is a "once in a lifetime" opportunity to do something important for the community. 'Together WE can do this! 1.1)11)h1i1 PI Mayor Sessoms thanked Mr. Thompson for all of the work thus far. City Council made it clear that the City would like to preserve the hotel and the City will need to come up with some funds to do so. This project is a 'WE" investment. June 11, 2013 -41 - CITY MANAGER'S BRIEFING BOW CREEK COMMUNITY RECREATION CENTER FUND TRANSFER ITEM #62867 3:31 P.M. Mayor Sessoms introduced and welcomed Michael Kalvort, Director — Parks and Recreation. Bow Creek Community Recreation Center Funds Transfer 'R hImp ; City Council Workshop June 11, 2013 .Experience the Fun! {each Perks and RacreaVon. Mr. Kalvort provided this summary of today's briefing: Today's Briefing ➢ Update on financial and procurement status ➢ Construction contract award update ➢ Recommended actions .Expormee the Fun June 11, 2013 -42 - CITY MANAGER'S BRIEFING BOW CREEK COMMUNITY RECREATION CENTER FUND TRANSFER ITEM #62867(Continued) This project will provide a functional Community Recreation Center that will serve the citizens for the next 35+ years. Project ➢ Redesign and rebuild an efficient and functional community recreation center that will serve the needs of our citizens for the next 35 plus years ➢ 67,743 Square Feet ➢ The former community recreation center was in operation for 34 years Xp$rier the un ut,nat Resat ce Below is a rendering of the front entryway to the Community Recreation Center: f?6rief(P the FUn! Beach Parks and Rector. June 11, 2013 -43 - CITY MANAGER'S BRIEFING BOW CREEK COMMUNITY RECREATION CENTER FUND TRANSFER ITEM #62867(Continued) Below is a rendering of the Golf Course Pro Shop: The total project budget is over $25 -MILLION.• Project Scope and Budget ➢ CIP Total Project Budget : $25,123,023 > FY14CIP: — Design $2,485,340 — Construction $18,348,896 — Furniture/Fixtures $1,000,000 — Contingencies/Other Project Cost $3,288,787 Total $25,123,023 > Project Scope: — 67,743 sf community recreation center, golf pro shop, golf amenities, and cart barn — On and offsite storm water enhancements June 11, 2013 -44 - CITY MANAGER'S BRIEFING BOW CREEK COMMUNITY RECREATION CENTER FUND TRANSFER ITEM #62867(Continued) Phase I of the Project is complete with Phase II anticipated to be completed by December 2014: Project Construction Phases ➢ Phase 1 (Complete) '= — All design work — Demolition of the building — Construction of the golf cart barn — Temporary Pro Shop ➢ Phase 2 (anticipated completion date December 2014) — Construction of the new community recreation center — Construction of the golf pro shop — Golf course practice area improvements — Constructed wetland for neighborhood storm water perionee the, S,7trginle Beach Parks and Recreation:, e:5 Phase I costs were approximately $3.3 -MILLION. The funding available for Phase II is $21.7 -MILLION.: ➢Total Project Funding $25,123,023 — Contingency/Other Project Cost Total > Funding available for Phase 2 $21,787,912 June 11, 2013 -45 - CITY MANAGER'S BRIEFING BOW CREEK COMMUNITY RECREATION CENTER FUND TRANSFER ITEM #62867(Continued) The initial lowest bid came in at $3.4 -MILLION over estimate. Due to financial constraints of this project, it was determined to reject the bids, reevaluate the project and rebid: Initial Bid > Lowest bid amount > Bid over estimate $23,266,206 $ 3,465,959 > It was determined to reject the bids due to financial constraints and to subsequently value engineer the project and rebid rirglaia 'Beach harks Updated Project Costs >Value engineering review — $1,387,150 amount estimated through review >Revisions to plans and specs >Rebid estimate: $21,879,056 perwno !8 Fun!' Olio. Beach Parka ami June 11, 2013 -46 - CITY MANAGER'S BRIEFING BOW CREEK COMMUNITY RECREATION CENTER FUND TRANSFER ITEM #62867(Continued) As a result of the rebid, the City will save $1.7 -MILLION from the initial estimate: >Rebid results — Lowest bid with alternates: $21,569,193 — Total savings through rebidding process: $1,697,013 A�peri $Ki£§8 F �iret„ � Parke add'. Reaeatigr Funding Required ➢ Total to complete project: $24,663,494 ➢ Lowest bid with alternates: $21,569,193 ➢ Balance of Cont./OPC: $3,094,301 June 11, 2013 -47 - CITY MANAGER'S BRIEFING BOW CREEK COMMUNITY RECREATION CENTER FUND TRANSFER ITEM #62867(Continued) Contingency Budget ➢ Balance of Contingencies/Other Project Cost: — Phase 2 general construction contingency(6% of bid): $1,283,171 — Landscaping (plant materials): 150,000 — Comlt (data, phone, security, network): 300,000 — Recreation equipment: 200,000 — Outdoor playground/picnic shelter: 100,000 — Parks & Rec misc. expenses: 200,000 — Admin equipment (copiers, printers): 50,000 — Utility connection fees: 100,000 — Temporary Pro shop rental, 4 extra months: 20,000 — Unestimated/unknown contingencies: 691,130 Total: $3,094,301 The Project has a shortfall of approximately $2.3 -MILLION: Additional Funding Required ➢ Funding requirement to complete: $24,663,494 ➢ Funds available: - CIP Project account: $21,787,912 - Storm Water Fund: 600,000 Total: $22,387,912 $2,275,582 5,‹p6riewe the Virginia Hese June 11, 2013 -48 - CITY MANAGER'S BRIEFING BOW CREEK COMMUNITY RECREATION CENTER FUND TRANSFER ITEM #62867(Continued) Below are Staff's recommendations: Recommended Actions >City Council authorization of a $2,275,582 funds transfer from the Williams Farm Community Recreation Center capital project (CIP 4-071) to the Bow Creek Community Recreation Center capital project (CIP 4-505) at the June 25th Council meeting nee- =u1 end Ream 9#ian June 11, 2013 -49 - CITY MANAGER'S BRIEFING BOW CREEK COMMUNITY RECREATION CENTER FUND TRANSFER ITEM #62867(Continued) Value Engineering Review > Fireproofing Changes: $810,000 > Segmental Retaining Wall: $150,000 > Structural bracing changes: $100,000 ➢ 2 ply vs. 3 ply built up roof: $ 60,000 > Standard vs. custom wall panels: $ 50,000 > Reduce roof leaders: $ 35,000 > Various door hardware changes: $ 17,500 > All others: $ 164,650 i$ as nd, Hac=e8iwn ": Mayor Sessoms thanked Mr. Kalvort for his work on this Project. June 11, 2013 1 -50- CITY COUNCIL LIAISON REPORTS ITEM #62868 3:56 P.M. There are no Liaison Reports. June 11, 2013 -51 - CITY COUNCIL COMMENTS 3:56 P.M. ITEM #62869 Councilman Uhrin welcomed the Sand Soccer Group for the 20"' year. T City has become the "Participatory Sports Capital of the East Coast" and the Sand Soccer Group has a lot to do with that success. Councilman Uhrin presented the framed Sand Soccer Poster and Championship Medal to Mayor Sessoms Also, Councilman Uhrin attended the Wave Warriors Surf Camp on June 6"'. Wave Warriors Surf Camp is a non-profit organization dedicated to providing a fun and therapeutic family weekend getaway in the City for injured service members and their families. Over fifty (50) wounded warriors and their families participated this year. ITEM #62870 Councilman Dyer expressed appreciation to the Economic Development Department for securing a "Neighborhood Wal-Mart" in the vacant Farm Fresh building at Wards Corner. That building has been vacant for at least five (5) years. ITEM #62871 Councilman Davis announced a new Neighborhood Wal-Mart is opening in the Rose Hall District tomorrow. Councilman Davis stated the Human Rights Commission hosted the Virginia Human Rights Association meeting. Skyfest 2013 was held at the Ocean Front celebrating American/Indian Heritage and had a tremendous turnout for this festival. ITEM #62872 Council Lady Ross -Hammond attended an event at Seatack and read the Proclamation on behalf of Mayor Sessoms. Council Lady Ross -Hammond expressed her appreciation to Captain Gallagher for taking time out of his day to answer questions. The Lynnhaven River Now will be looking at Sea Level Rise in the coming months. ITEM #62873 Councilman Moss met with local Civic League and the main topic discussed was the trash fee increase. There was a lot of interest regarding the coupon trash program. June 11, 2013 -52 - AGENDA REVIEW SESSION 4:00 P.M. ITEM #62874 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §10-1 re changing the Polling Place for the Avalon Precinct to the Woodstock Elementary School b. § 2-425, 12-28.1 and 27-6 re Impersonation of an Officer c. §5-200 re Vaccination or Inoculation of Dogs or Cats d. Chapter 5 re Dangerous Dogs 2. Resolution to DIRECT the City Manager ACCEPT an unsolicited Proposal under the Public Private Education Facility and Infrastructure Act of 2002 (PPEA) re Light Rail 3. Resolution to AUTHORIZE the Issuance by the Economic Development Authority of Middlesex County of its Revenue and Refunding Bond in an amount not to exceed $8,497,000 re Cape Henry Collegiate School, Inc. 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with AH Sandbridge, LLC for City -owned right-of-way for the purpose of erecting temporary signage at 2101 Princess Anne Road. (Deferred from May 28, 2013) 5. Ordinance to DECLARE City -owned property to be in EXCESS of the City's needs and AUTHORIZE the property to be EXCHANGED for property and easements owned by King Farms, LLC at 3000 West Neck Road 6. Ordinance to APPOINT Viewers for one-year terms, beginning July 1, 2013, to view any proposed street or alleyway closures 7. Ordinance to GRANT permits to ALLOW Emergency Medical Services Agencies to operate in the City of Virginia Beach: a. Eagle Medical Transports b. Eastern Shore Ambulance Service c. American Lifeline Medical Transport d. Lifeline Ambulance Service e. Mid -Atlantic Regional Ambulance f. Children 's Hospital of the King's Daughters g. Special Event Providers of Emergency Medicine h. Nightingale Air Ambulance Service i. LifeEvac Virginia/Air Methods Corporation June 11, 2013 1. -53- AGENDA REVIEW SESSION ITEM #62874(Continued) Emergency Medical Response k. Medical Transport 8. Ordinances to APPROPRIATE and/or TRANSFER: a. $39,057 re Juvenile Accountability Block Grant b. $100,000 from the Federal Emergency Management Agency (FEMA) re Virginia Task Force Two Urban Search and Rescue Team re the devastating storm in Moore, Oklahoma c. $700,000 from the Fund Balance of the Risk Management Internal Service Fund re Insurance Premiums and Workers' Compensation Claims ITEM #2 SHALL BE CONSIDERED SEPARATELY June 11, 2013 -54 - AGENDA REVIEW SESSION ITEM #62874 (Continued) BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING 1. Application of MARISA MULLIGAN for a Variance to Section 5B.5 of the Site Plan Ordinance (Floodplain Regulations) at 2250 Wake Forest Street DISTRICT 5-LYNNHAVEN 2. Application of CYNTHIA S. and WALLACE G. RENO for a Conditional Use Permit re a Child Daycare at 5305 Hamilton Lane DISTRICT 2-KEMPSVILLE 3. Application of MILDRED R. and JOSEPH GRANT for a Conditional Use Permit re a Child Daycare at 2009 Joliet Court DISTRICT 7 -PRINCESS ANNE 4. Application of AMY G. STOVALL for a Conditional Use Permit re a Child Daycare at 1256 Tweedbrook Place(DISTRICT 5-LY1VNHAVEN 5. Application of ARMADA HOFFLER DEVELOPMENT COMPANY, L.L.C. / DAVID B., LUKE H. and SUSIE WOOD HILL for a Conditional Change of Zoning from AG -2 Agricultural and B-2 Community Business to B-2 Community Business re a shopping center at 2101 Princess Anne Road DISTRICT 7 - PRINCESS ANNE (deferred from May 28, 2013) 6. Ordinance to AMEND Section 301 of the City Zoning Ordinance (CZO) re Outdoor Recreational and Amusement facilities in the Preservation Zoning District ITEM #5 SHALL BE CONSIDERED SEPARATELY COUNCIL LADY HENLEY SHALL VOTE VERBAL NAY ON ITEM#6 June 11, 2013 1 -55- ITEM#62875 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) (1) 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 2.2-3711(A)(3). Acquisition/Disposition of City Property: Bayside District Beach District PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(30) Cavalier Property Development June 11, 2013 -56 - ITEM# 62875(Continued) Upon motion by Councilman Moss, seconded by Council Lady Ross -Hammond, City Council voted to proceed into CLOSED SESSION at 4:03 P.M. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Closed Session 4:03 P.M. 5:52 P.M.) (Break 4:04P.M. 4:10 P.M.) June 11, 2013 -57 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JUNE 11, 2013 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, June 11, 2013, at 6:00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Stanley Sawyer, DD Pastor, All Saints Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to thoroughly review each City Council agenda to idents any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. June 11, 2013 -58 - Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. 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 identing 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 January 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 puipose of identiing 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 January 27, 2004, is hereby made a part of the record. June 11, 2013 i -59- Mayor Sessoms acknowledged Boy Scout Troop 375, sponsored by Old Donation Episcopal Church, in attendance: BOY SCOUT TROOP 375 Anthony Vecchio Anthony Peters Daniel Vail Charlie Myers Kendall Thomas Ryan Piston Thomas Stoud Powell Peters June 11, 2013 Item -V-E CERTIFICATION -60- ITEM #62876 Upon motion by Councilman Dyer, seconded by Councilman Moss, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE 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: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 11, 2013 Item -V-F.1 MINUTES -61- ITEM #62877 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of May 28, 2013. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 11, 2013 1 -62- ADOPT AGENDA FOR FORMAL SESSION ITEM #62878 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION June 11, 2013 -63 - Item -V-H.1 MAYOR'S PRESENTATION ITEM #62879 LAW ENFORCEMENT UNITED DAY— JUNE 11, 2013 Mayor Sessoms introduced John W. Mapes, Vice President of Law Enforcement United and presented a Resolution declaring June 11, 2013, LAW ENFORCEMENT UNITED DAY recognizing and paying tribute to those Officers whose lives were lost to service in the line of duty, to honor those surviving families and to recognize the Law Enforcement United Organization for their foresight, dedication and charitable efforts. Mr. Mapes expressed his appreciation for the City's continued support of this worthy cause. The City fosters a positive work environment and allows local law enforcement personnel to participate in the Annual Signature Ride For Hope. Over 400 Cyclists participated in the event this year and raise money for. fallen officers and their surviving families. Currently numerous local law enforcement personnel serve on the National Board of Law Enforcement United. June 11, 2013 RESOLUTION WHEREAS: Law Enforcement United, a national 501 (c) 3 non-profit tax exempt organization, was founded locally by active and retired local, state and federal Law Enforcement Officers to honor the dedicated, unselfish service and sacrifices of those Officers who gave their lives in the line of duty as well as support to and for their survivors. Although life insurance and "line of duty benefits" help cover final expenses, these are not enough nor do they fill the void felt by the untimely loss of a loved one. Many families have to struggle to move beyond their grief; however, this non-profit agency lends assistance with resources for the C.O.P.S. Kids Camp for surviving children as well as active duty Officers to help prevent injuries and deaths; WHEREAS: Law Enforcement United is operated solely by Volunteers and relies on charitable donations to support their annual "Road to Hope", an approximate two hundred fifty mile bicycle ride from Chesapeake, Virginia to Washington, D.C. by four hundred twenty local, state, and federal law enforcement officers and one hundred twenty support personnel from thirty-eight states across the Nation; WHEREAS: The "Road to Hope" ride is to raise public awareness, and the results of this ride provided donations over a four year period of $570,000 to Concerns of Police Survivors [C.O.P.S.J, and $235,000 to Officer Down Memorial Page [ODMP1, a total of $805,000 plus assistance to the National Law Enforcement Officer Memorial and other charities; and, WHEREAS: As of May 15, 2013, forty-one officers have made the ultimate sacrifice, equating to one officer lost every 3.3 days. Nineteen of these deaths were the direct result of an act of violence. In 2012, over all the United States, one hundred twenty-six Officers lost their lives while serving their citizens. In Virginia Beach, three Officers have lost their lives since 2003. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pauses in its formal deliberations this Eleventh day of June, Two Thousand Thirteen, to pay tribute to those Officers whose lives were lost to service in the line of duty, to honor those surviving families and to recognize the Law Enforcement United organization for their foresight, dedication to purpose and charitable efforts. BE IT FURTHER RESOLVED: That the Mayor and Members of City Council hereby declare this Eleventh day of June, Two Thousand Thirteen, as: LAW ENFORCEMENT UNITED DAY -64 - Item -V-H.2 MAYOR'S PRESENTATION ITEM #62880 PRISCILLA BEEDE DAY— JUNE 11, 2013 Mayor Sessoms introduced Priscilla Beede and presented her a Resolution declaring June 11, 2013, PRISCILLA BEEDE DAY and recognizing her dedicated husband, Gus, for the many sacrifices they each have made in various endeavors to ensure Virginia Beach is the "Best City In The World". Mrs. Beede served as Chair of the City Council appointed Review and Allocation Committee (COG) from its inception ....twenty (20) years. Mrs. Beede thanked the Mayor and Members of City Council. June 11, 2013 The REVIEW AND ALLOCATION COMMITTEE, later to be known as COIG, was created by City Council by Ordinance January 5, 1993. Priscilla Beede was the first appointee and designated to serve as Chair by City Council, effective February 1, 1993. The Committee was composed of members who had no direct involvement ix the policy making or operation of any agency applying for funding. The purpose of the Committee was to review applications of charitable organizations, interview applicants and allocate budgeted funds in each fiscal year. It was also the Committee's purpose to educate the applicants that funding granted on an annual basis was to encourage that agency to become self-reliant, not agency dependent. Priscilla has served City Council and the citizens of Virginia Beach as the Chair of this City Council agency twenty years with great success, integrity and many hours of Volunteer service with dedication and self-sacrifice .. . WHEREAS: Priscilla Beede has served as the first and only chair of the Review and Allocation Committee since its inception more than twenty years ago; WHEREAS: She has served with commitment, professionalism and compassion for the needs of individuals served by the nonprofit organizations funded by COIG; WHEREAS: She has provided effective leadership to appointed Members of the Committee and to the Management Services Staff who provide support services to the Committee; WHEREAS: COIG is only one of many "volunteer"positions to which Priscilla has sacrificed her personal time, energy, creativity, intellect and passion from the Green Run Little League to the Veterans commemorations and the management of various parades for more than these twenty years; and, WHEREAS: Priscilla has announced her intent to retire from the Review and Allocation Committee following the completion of the 2013 allocation review process. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to recognize Priscilla Beede and her dedicated husband, Gus, for the many sacrifices they have made in various endeavors to ensure Virginia Beach is the "best city in the world"; and, to declare: JUNE ELEVENTH, TWO THOUSAND THIRTEEN PRISCILLA BEEDE DAY BE IT FURTHER RESOLVED: That a copy of this Resolution, signed by each Member of City Council, be spread upon the Minutes of this Formal Session of the Virginia Beach City Council this Eleventh day of June, Two Thousand Thirteen. Lady Dr. Amelia -Th muni amen L. Wood Mayor William s. Wilt' Sessoms -65- Item -V-I.1 PUBLIC HEARING ITEM #62881 Mayor Sessoms DECLARED A PUBLIC HEARING: ELECTION POLLING PRECINCT LOCATION CHANGE Avalon Precinct to Woodstock Elementary School There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. June 11, 2013 -66 - Item —V -J ORDINANCES/RESOLUTIONS ITEM #62882 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE MOTION, BY CONSENT, Items la/b/c/d, 3, 4, 5, 6, 7(a/b/c/d/e/f/g/h/i/j/k)), 8a/b/c of the CONSENT AGENDA. Voting. 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 11, 2013 -67 - Item -V-J.1 a/b/c/d ORDINANCES/RESOLUTIONS ITEM #62883 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AMEND the City Code: a. §10-1 re changing the Polling Place for the Avalon Precinct to the Woodstock Elementary School b. § 2-425, 12-28.1 and 27-6 re Impersonation of an Officer c. §5-200 re Vaccination or Inoculation of Dogs or Cats d. Chapter 5 re Dangerous Dogs Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 11, 2013 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 AVALON 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 Alanton Aragona Arrowhead Avalon Baker Bayside Bellamy Blackwater Bonney Brandon Brookwood Buckner Cape Henry Capps Shop Centerville Chesapeake Beach Chimney Hill College Park Colonial Colony Corporate Landing Courthouse Creeds Cromwell Culver Dahlia Polling Place Alanton Elementary School Kemps Landing Magnet School Arrowhead Elementary School Woodstock Elementary School Ebenezer Baptist Church Bayside Elementary School Salem Middle School Blackwater Fire Station Holland Road Baptist Church Brandon Middle School Plaza Annex Green Run Baptist Church Research and Enlightenment Building (Edgar Cayce Library) Back Bay Christian Assembly Centerville Elementary School Bayside Baptist Church Congregation Beth Chaverim College Park Elementary School Colonial Baptist Church Lynnhaven Colony Congregational Church Corporate Landing Middle School Courthouse Fire Station Creeds Fire Station Salem United Methodist Church Ocean Lakes High School Green Run High School I 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 Tidewater Area Christian Fellowship 75 Magic Hollow Virginia Beach Moose Family Center 76 Malibu Malibu Elementary School 77 Manor Providence Elementary School 78 Mt. Trashmore Windsor Woods Elementary School 79 Newtown Good Samaritan Episcopal Church 80 North Beach Galilee Episcopal Church 81 North Landing Hope Haven 82 Ocean Lakes Ocean Lakes Elementary School 83 Ocean Park Bayside Community Recreation Center 84 Oceana Scott Memorial United Methodist Church 85 Old Donation Old Donation Center for Gifted 86 Pembroke Pembroke Elementary School 87 Pinewood Lynnhaven Presbyterian Church 88 Plaza Lynnhaven Elementary School 89 Pleasant Hall Kempsville Baptist Church Pleasant Hall Annex 90 Point O'View Kempsville Church of Christ 91 Red Wing Fraternal Order of Police, Lodge #8 92 Rock Lake Salem Elementary School 93 Rosemont Forest Rosemont Forest Elementary School 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 Roundhill Rudee Seatack Shannon Shelburne Shell Shelton Park Sherry Park Sigma South Beach Stratford Chase Strawbridge Tallwood Thalia Thoroughgood Timberlake Trantwood Upton Village Windsor Oaks Witchduck Wolfsnare Central Absentee Voter Precinct Satellite Absentee Voter Precincts (only for November Elections and Presidential Primaries) Salem High School Virginia Beach Volunteer Rescue Squad Building Mount Olive Baptist Church Church of the Ascension Christopher Farms Elementary School Unity Church of Tidewater Shelton Park Elementary St. Matthews Catholic Church Red Mill Elementary School Contemporary Art Center of Virginia Community United Methodist Church Strawbridge Elementary School Tallwood Elementary School Thalia Elementary School Independence Middle School White Oaks Elementary School Virginia Beach Christian Church Three Oaks Elementary School Thalia Lynn Baptist Church Windsor Oaks Elementary School Bayside Presbyterian Church Virginia Beach Christian Life Center AgricultureNoter Registrar Building Courthouse Fire Station, Department of Motor Vehicles Office—Donna Drive, Department of Motor Vehicles Office—Buckner Boulevard Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11th day of June , 2013. APPROVED AS TO CONTENT: Voter ' egist ar CA12647 R-1 May 10, 2013 APPROVED AS TO LEGAL SUFFICIENCY: Office BELL ATLANTIC WY AVALON PRECINCT POLLING LOCATION CHANGE EP.STh ' 264 BUS1NEg` Bo! ERVIL C �Ariowhe JONATHANS COVE DR AyO LE COVE 0 Lf r,D NG5 CR 04F PL PL OLD POINT 04E, FERRY LN 1060 ARR IS ON STEL 1N R he HOBBS RD DR _ 000006.055 MORGAN TL WALKER RD 005A5R LN &A5: OAK TERRACE D OODSTOCK C BEAUCH '79V£NAN 4 STOWN DR L4 5 - : D GE PORT PL 6 TPORT PL 7- JANE, fi 005 RANGERS LAND I '- RD WARN alg� ROGER{T9 GA `5 g, _., vNAlINc W.4RlNt, C tAND AEGEAN Kc CT PROT425 CT WA, C To: Woodstock Elementary School 6016 Providence Road From: Avalon Church of Chris 844 Woodstock Road 462 Gt oI..a.P.Kwa,o EAtH'Na �D o u R 0 Uk�o µ40 3R GALE 0 AVALON PRECINCT POLLING LOCATION CHANGE Effective : November 5. 2013 J Hr�H lScl�Tr940, 1 550 Cl 0 < m ,c 1 AN ORDINANCE TO AMEND SECTIONS 2- 2 425, 12-28.1 AND 27-6 OF THE CITY CODE 3 PERTAINING TO IMPERSONATION OF 4 OFFICER 5 6 SECTIONS AMENDED: §§ 2-425, 12-28.1 7 and 27-6 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Sections 2-425, 12-28.1 and 27-6 of the Code of the City of Virginia Beach, 13 Virginia, are hereby amended and reordained to read as follows: 14 Sec. 2-425. Background investigations of applicants for certification; false 15 representation of certification unlawful; Impersonation. 16 (a) In order to determine if any past criminal conduct or motor vehicle driving record of 17 any applicant for certification by the director of emergency medical services would 18 be compatible with the nature of the position under consideration, the following 19 procedure shall be followed: 20 (1) Each such applicant shall furnish a classifiable set of fingerprints to the 21 department of police. 22 (2) The chief of police and members of the department of police acting in his name 23 and the director of emergency medical services or an investigator designated 24 by the director within the department of emergency medical services, are 25 authorized to conduct a field investigation and directed to conduct criminal 26 record checks on each such applicant. 27 (3) The chief of police or a member of the police department acting on his behalf, 28 or an investigator designated by the director of emergency medical services 29 within the department of emergency medical services, shall prepare a factual 30 summary of the background investigation and criminal records check of each 31 applicant and transmit such summary to the director of emergency medical 32 services for the purpose of determining the fitness of the applicant. 33 (4) Background investigation and records checks include records of all arrests and 34 dispositions as an adult. Records of arrests and dispositions, while an applicant 35 was considered a juvenile, shall be transmitted only when authorized by a court 36 order, court rule, court decision, federal regulation or state statute authorizing 37 such dissemination. 38 (5) Criminal history records and information shall include arrest and disposition 39 data on file in the national crime information center, the federal bureau of 40 investigation, the department of defense, the department of motor vehicles, and 41 all other federal, state and local law enforcement agencies. 42 (6) Any applicant who is denied certification on the basis of the investigation 43 summary referred to in this section may inspect that summary for the purpose 44 of clarifying, explaining or denying the accuracy of its contents. 45 (7) The chief of police and members of the police department shall make no other 46 dissemination to the director of emergency medical services regarding the 47 fitness of applicants, except in the official summary report referred to in this 48 section. 49 (8) Use of criminal history record information disseminated to the director of 50 emergency medical services shall be limited to the purpose for which it was 51 given and may not be disseminated further. 52 (b) It shall be unlawful for Aany person who to willfully impersonates, with the intent 53 to make another believe he is, a certified emergency medical services personnel.; -or 54 55 attendant, performs any act or function of patient care which is regulated by the 56 de 57 58 59 A first offense conviction is a Class 1 misdemeanor; 60 Sec. 12-28.1. Impersonating firefighter, etc. 61 It shall be unlawful . -. - - - for any person to willfully to 62 impersonate, with the intent to make another believe he is, a firefighter, fire marshal or 63 ether fire official chief. A first offense conviction is a Class 1 misdemeanor. 64 65 66 Sec. 27-6. Impersonation. 67 68 Any person who shall falsely assumes or exercises the functions, powers, duties 69 and privileges incident to the office of sheriff, police officer, marshal or other peace 70 officer, or who shall falsely assumes or pretends to be any such officer, shall -be is guilty 71 of a Class 1 misdemeanor upon conviction of a first offense. 72 73 This ordinance shall be effective July 1, 2013. 74 A1loRted by the City Council of the City of Virginia Beach, Virginia, on this 11 th 75 day of u e , 2013. APPROVED AS TO CONTENT: Police Departm nt APPROVED AS TO LEGAL SUFFICIENCY: City Atto - 's • ce CA12650 R-3 May 30, 2013 1 AN ORDINANCE TO AMEND SECTION 5-200 2 OF THE CITY CODE PERTAINING TO 3 VACCINATION OR INOCULATION OF DOGS 4 OR CATS 5 6 SECTIONS AMENDED: § 5-200 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 5-200 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 Sec. 5-200. Vaccination or inoculation of dogs or cats. 14 (a) It shall be unlawful for any person to own, keep, hold or harbor any dog or cat over 15 the age of four (4) months within the city, unless such dog or cat is currently 16 vaccinated with a rabies vaccine, licensed by the United States Department of 17 Agriculture for use in that species. If, however, the requirement of vaccination or 18 inoculation threatens the physical well-being of such dog or cat, the owner of such 19 dog or cat shall have a certificate signed by a licensed veterinarian certifying the 20 same and the owner shall keep such dog or cat in quarantine until the same is 21 inoculated or vaccinated. 22 (b) Any person transporting a dog or cat into the city from some other jurisdiction shall 23 comply with this section within thirty (30) days from the day he brings such dog or 24 cat into the city, if such dog or cat is to be kept in the city more than thirty (30) days. 25 (c) The vaccination or inoculation required by this section shall be administered by or 26 under the supervision of a licensed veterinarian. When so administered, the 27 veterinarian shall issue to the owner of the dog or cat a tag and a certificate of 28 rabies inoculation or vaccination, properly executed and signed by the veterinarian, 29 certifying that the dog or cat in question has been inoculated or vaccinated in 30 accordance with the provisions of this section. Such tag shall be firmly attached to 31 the dog's or cat's collar and shall be worn at times when the dog or cat is not on the 32 property of the owner or custodian of the dog or cat. The owner or custodian of the 33 dog or cat shall furnish, within a reasonable period of time, upon request of any 34 animal control officer, law enforcement officer or official of the department of health, 35 the certificate of vaccination for such dog or cat. 36 (d) City Council authorizes a rabies clinic to be conducted at least once every two 37 years, and the Animal Control Division shall ensure that the clinic is conducted in 38 conformance with the requirements of Code of Virginia § 3.2-6521. 39 This ordinance shall be effective July 1, 2013. 11th 40 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day 41 of June , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: olice Departmen City A ney's 'ffic CA12649 R-2 May 30, 2013 1 AN ORDINANCE TO AMEND CHAPTER 5 OF 2 THE CITY CODE PERTAINING TO 3 DANGEROUS DOGS 4 5 SECTIONS AMENDED: §§ 5-520 through 5- 6 527 7 SECTIONS ADDED: §§ 5-528 and 5-529 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Sections 5-520 through 5-529 to the Code of the City of Virginia Beach, 13 Virginia, are hereby amended and reordained to read as follows: 14 15 Chapter 5 - ANIMALS AND FOWL 16 ARTICLE V. - ANIMAL WELFARE 17 DIVISION 2. DANGEROUS AND VICIOUS DOGS 18 Sec. 5-520. Definitions, as used in this division. 19 (a) "Dangerous dog" means a canine or canine crossbreed that has bitten, attacked, or 20 inflicted injury on a person or companion animal that is a dog or cat, or killed a 21 companion animal that is a dog or cat. When a dog attacks or bites a companion 22 animal that is a dog or cat, the attacking or biting dog shall not be deemed 23 dangerous: (i) if no serious physical injury as determined by a licensed veterinarian 24 has occurred to the dog or cat as a result of the attack or bite; (ii) if both animals are 25 owned by the same person; (iii) if such attack occurs on the property of the 26 attacking or biting dog's owner or custodian; or (iv) for other good cause as 27 determined by the court. No dog shall be found to be a dangerous dog as a result of 28 biting, attacking, or inflicting injury on a dog or cat while engaged with an owner or 29 custodian as part of lawful hunting or participating in an organized, lawful dog 30 handling event. 31 (b) "Vicious dog" means a canine or canine crossbreed that has: (i) killed a person; (ii) 32 inflicted serious injury to a person, including multiple bites, serious disfigurement, 33 serious impairment of health, or serious impairment of a bodily function; or (iii) 34 continued to exhibit the behavior that resulted in a previous finding by a court or, on 35 or before July 1, 2006, by an animal control officer as authorized by ordinance, that 36 it is a dangerous dog, provided that its owner has been given notice of that finding. 37 (c) "Serious injury" means an injury having a reasonable potential to cause death or 38 any injury other than a sprain or strain, including serious disfigurement, serious 39 impairment of health, or serious impairment of bodily function and requiring 40 significant medical attention. 41 Sec. 5-521. Enforcement procedures — Dangerous dogs. 42 (a) Any law enforcement officer or animal control officer who has reason to believe 43 that a canine or canine crossbreed within the city is a dangerous dog or vioiou+o 44 dog shall apply to a magistrate for the issuance of a summons requiring the 45 owner or custodian, if known, to appear before the general district court at a 46 specified time. The summons shall advise the owner of the nature of the 47 proceeding and the matters at issue. If a law-enforcement officer successfully 48 makes an application for the issuance of a summons, he shall contact the 49 bureau of animal control and inform them of the location of the dog and the 50 relevant facts pertaining to his belief that the dog is dangerous or viciouG. 51 (b) An animal control officer shall confine the animal until such time as evidence 52 shall be heard and a verdict rendered. If the animal control officer determines 53 that the owner or custodian can confine the animal in a manner that protects the 54 public safety, he may permit the owner or custodian to confine the animal until 55 such time as evidence shall be heard and a verdict rendered. However, 56 whenever an owner or custodian of an animal found to be a dangerous dog is 57 charged with a violation of §§ 5-524, 5-525, or 5-526, the animal control officer 58 shall confine the dangerous dog until such time as evidence shall be heard and 59 a verdict rendered. The court, through its contempt powers, may compel the 60 owner, custodian or harborer of the animal to produce the animal. 61 (c) If, after hearing the evidence, the court finds that the animal is a dangerous dog, 62 the court shall order the animal's owner to comply with the provisions of this 63 section. If, after hearing the evidence, the court finds that the animal is a viciouJ 64 65 - - . - - - - - - - - - - • - - . - - = The court, upon finding the animal 66 to be a dangerous dog, may order the owner, custodian, or harborer thereof to 67 pay restitution for actual damages to any person inured by the animal or whose 68 companion animal was injured or killed by the animal. The court, in its 69 discretion, may also order the owner to pay all reasonable expenses incurred in 70 caring and providing for such dangerous dog from the time the animal is taken 71 into custody until such time as the animal is disposed of or returned to the 72 owner. The procedure for appeal and trial shall be the same as provided by law 73 for misdemeanors. Trial by jury shall be as provided in the Code of Virginia, 74 Article 4 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.2. The Commonwealth 75 shall be required to prove its case beyond a reasonable doubt. 76 Sec. 5-522. Exceptions to enforcement procedures — Dangerous dogs. 77 No canine or canine crossbreed shall be found to be a dangerous dog or vicious 78 dog solely because it is a particular breed, nor is the ownership of a particular breed of 79 canine or canine crossbreed prohibited. No animal shall be found to be a dangerous 80 dog orviciousdeg if the threat, injury or damage was sustained by a person who was: 81 (i) committing, at the time, a crime upon the premises occupied by the animal's owner or 82 custodian; (ii) committing, at the time, a willful trespass upon the premises occupied by 83 the animal's owner or custodian; or (iii) provoking, tormenting, or physically abusing the 84 animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted 85 the animal at other times. No police dog that was engaged in the performance of its 86 duties as such at the time of the acts complained of shall be found to be a dangerous 87 dog or a vicious dog. No animal that, at the time of the acts complained of, was 88 responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or 89 its owner's or custodian's property, shall be found to be a dangerous dog 90 dog. 91 Sec. 5-523. When dog owner is a minor — Dangerous dogs. 92 If the owner of an animal found to be a dangerous dog is a minor, the custodial 93 parent or legal guardian shall be responsible for complying with all requirements of this 94 section. 95 Sec. 5-524. Registration procedures — Dangerous dogs. 96 (a) The owner of any animal found to be a dangerous dog shall, within forty-five (45) 97 days of such finding, obtain a dangerous dog registration certificate from the bureau 98 of animal control for a fee of one hundred and fifty dollars ($150.00), in addition to 99 other fees that may be authorized by law. The bureau of animal control shall also 100 provide the owner with a uniformly designed tag that identifies the animal as a 101 dangerous dog. The owner shall affix the tag to the animal's collar and ensure that 102 the animal wears the collar and tag at all times. By January 31 of each year, until 103 such time as the dangerous dog is deceased, all certificates obtained pursuant to 104 this subsection shall be updated and renewed for a fee of eighty-five dollars 105 ($85.00) and in the same manner as the initial certificate was obtained. The animal 106 control officer shall post registration information on the Virginia Dangerous Dog 107 Registry. 108 (b) All dangerous dog registration certificates or renewals thereof required to be 109 obtained under this section shall only be issued to persons eighteen (18) years of 110 age or older who present satisfactory evidence: (i) of the animal's current rabies 111 vaccination, if applicable; (ii) that the animal has been neutered or spayed; and (iii) 112 that the animal is and will be confined in a proper enclosure or is and will be 113 confined inside the owner's residence or is and will be muzzled and confined in the 114 owner's fenced -in yard until the proper enclosure is constructed. In addition, owners 115 who apply for certificates or renewals thereof under this section shall not be issued 116 a certificate or renewal thereof unless they present satisfactory evidence that: (i) 117 their residence is and will continue to be posted with clearly visible signs warning 118 both minors and adults of the presence of a dangerous dog on the property; and (ii) 119 the animal has been permanently identified by means of a tattoo on the inside thigh 120 or by electronic implantation. All certificates or renewals thereof required to be 121 obtained under this section shall only be issued to persons who present satisfactory 122 evidence that the owner has liability insurance coverage, of at least one hundred 123 thousand dollars ($100,000.00), that covers animal bites. The owner may obtain 124 and maintain a bond in surety, in lieu of liability insurance, to the value of at least 125 one hundred thousand dollars ($100,000.00). 126 (c) The owner shall cause the Bureau of Animal Control to be promptly notified of: (i) 127 the names, addresses, and telephone numbers of all owners; (ii) all of the means 128 necessary to locate the owner and the dog at any time; (iii) any complaints or 129 incidents of attack by the dog upon any person or cat or dog; (iv) any claims made 130 or lawsuits brought as a result of any attack; (v) tattee—or chip identification 131 information or both; (vi) proof of insurance or surety bond; and (vii) the death of the 132 dog. 133 (d) All fees collected pursuant to this section, Tess the costs incurred for producing and 134 distributing the certificates and tags, and less the fees due to the State Veterinarian 135 for maintenance of the Virginia Dangerous Dog Registry, shall be paid into a fund 136 for the purpose of paying the expenses of training courses required under Code of 137 Virginia § 3.2-6556. 138 Sec. 5-525. Confinement of court -designated dangerous dogs. 139 While on the property of its owner, an animal found to be a dangerous dog shall be 140 confined indoors or in a securely enclosed and locked structure of sufficient height and 141 design to prevent its escape or direct contact with or entry by minors, adults, or other 142 animals. - - - - - - - - - - - - - - - - - • ' 143 elements of naturo While so confined within the structure, the animal shall be provided 144 for according to Code of Virginia § 3.2-6503. When off its owner's property, an animal 145 found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as 146 not to cause injury to the animal or interfere with the animal's vision or respiration, but 147 so as to prevent it from biting a person or another animal. 148 Sec. 5-526. Dangerous dog status notification requirements. 149 After an animal has been found to be a dangerous dog, the animal's owner shall 150 immediately, upon learning of same, cause the bureau of animal control to be notified if 151 the animal: (i) is loose or unconfined. or (ii) bites a person or attacks another animal; or 152 (iii) is sold, is given away, or dies. Any owner of a dangerous dog who relocates to a 153 new address shall, within ten (10) days of relocating, provide written notice to the 154 appropriate local animal control authority for the old address from which the animal has 155 moved and the new address to which the animal has been moved. 156 Sec. 5-527. Penalty — Dangerous dogs. 157 (a) The owner of any animal that has been found to be a dangerous dog who willfully 158 fails to comply with the requirements of this division is guilty of a GClass 1 159 misdemeanor. 160 (b) Any owner or custodian of a canine or canine crossbreed or other animal is guilty of 161 a: 162 (1) Class 2 misdemeanor if the canine or canine crossbreed previously declared a 163 dangerous dog pursuant to this division, when such declaration arose out of a 164 separate and distinct incident, attacks and injures or kills a cat or dog that is a 165 companion animal belonging to another person; or 166 (2) Class 1 misdemeanor if the canine or canine crossbreed previously declared a 167 dangerous dog pursuant to this division, when such declaration arose out of a 168 separate and distinct incident, bites a human being or attacks a human being 169 causing bodily injury. 170 (c) Upon conviction, the court may (i) order the dangerous dog to be disposed of 171 pursuant to Code of Virginia § 3.2-6562 or (ii) grant the owner up to 45 days to 172 comply with the requirements of this section, during which time the dangerous doq 173 shall remain in the custody of the animal control officer until compliance has been 174 verified. If the owner fails to achieve compliance within the time specified by the 175 court, the court shall order the dangerous dog to be disposed of pursuant to Code 176 of Virginia § 3.2-6562. The court, in its discretion, may order the owner to pay all 177 reasonable expenses incurred in caring and providing for such dangerous doq from 178 the time the animal is taken into custody until such time that the animal is disposed 179 of or returned to the owner. 180 Sec. 5-528. Enforcement procedures — Vicious dogs. 181 (a) Any law-enforcement officer or animal control officer who has reason to believe that 182 a canine or canine crossbreed is a vicious dog shall apply to a magistrate for the 183 issuance of a summons requiring the owner or custodian, if known, to appear 184 before a general district court at a specified time. The summons shall advise the 185 owner of the nature of the proceeding and the matters at issue. If a law - 186 enforcement officer successfully makes an application for the issuance of a 187 summons, he shall contact the local animal control officer and inform him of the 188 location of the dog and the relevant facts pertaining to his belief that the dog is 189 vicious. 190 (b) The animal control officer shall confine the animal until such time as evidence shall 191 be heard and a verdict rendered. The court, through its contempt powers, may 192 compel the owner, custodian, or harborer of the animal to produce the animal. 193 (c) If, after hearing the evidence, the court finds that the animal is a vicious doq, the 194 court shall order the animal euthanized in accordance with the provisions of Code 195 of Virqinia § 3.2-6562. The court, upon finding the animal to be a vicious doq, may 196 order the owner, custodian, or harborer thereof to pay restitution for actual 197 damages to any person injured by the animal or to the estate of any person killed 198 by the animal. The court, in its discretion, may also order the owner to pay all 199 reasonable expenses incurred in caring and providing for such vicious doq from the 200 time the animal is taken into custody until such time as the animal is disposed of. 201 The procedure for appeal and trial shall be the same as provided by law for 202 misdemeanors. Trial by jury shall be as provided in Code of Virginia, Article 4 (§ 203 19.2-260 et seq.) of Chapter 15 of Title 19.2. The Commonwealth shall be required 204 to prove its case beyond a reasonable doubt. 205 Sec. 5-529. Exceptions to enforcement procedures — Vicious dogs. 206 No canine or canine crossbreed shall be found to be a vicious dog solely because it 207 is a particular breed, nor is the ownership of a particular breed of Canine or canine 208 crossbreed prohibited. No animal shall be found to be a vicious dog if the threat, injury, 209 or damage was sustained by a person who was (i) committing, at the time, a crime upon 210 the premises occupied by the animal's owner or custodian; or (ii) committing, at the 211 time, a willful trespass upon the premises occupied by the animal's owner or custodian; 212 or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have 213 repeatedly provoked, tormented, abused or assaulted the animal at other times. No 214 police dog that was engaged in the performance of its duties as such at the time of the 215 acts complained of shall be found to be a vicious dog. No animal that, at the time of the 216 acts complained of, was responding to pain or injury or was protecting itself, its kennel, 217 its offspring, a person, or its owner's or custodian's property, shall be found to be a 218 vicious dog. 219 220 This ordinance shall be effective July 1, 2013. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11th day of June , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Department CA12648 R-2 May 30, 2013 -68 - Item -V-J.2 ORDINANCES/RESOLUTIONS ITEM #62884 The following individual registered to speak Jimmy Frost stated he voted against the original Light Rail Referendum in 1999 as he viewed things very differently then. For instance, driving is not as appealing as it used to be with the traffic congestion and he likes having an alternate means of transportation. This is the biggest single Public Works project the City has undertaken and feels certain it will be something everyone will be proud of. Mr. Frost encourages City Council to accept the unsolicited proposal. Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to DIRECT the City Manager ACCEPT an unsolicited Proposal under the Public Private Education Facility and Infrastructure Act of 2002 (PPEA) re Light Rail Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 11, 2013 1 A RESOLUTION DIRECTING THE CITY 2 MANAGER TO ACCEPT AN UNSOLICITED 3 PPEA PROPOSAL FOR LIGHT RAIL 4 5 WHEREAS, the General Assembly provided the Public Private Education 6 Facilities and Infrastructure Act of 2002 (the "PPEA") to allow various public bodies to 7 consider alternative project delivery and financing; and 8 9 WHEREAS, the City has adopted guidelines for the consideration of PPEA 10 proposals; and 11 12 WHEREAS, the citizens of the City approved a referendum question in the 13 November 2012 election directing the City to pursue development and financing of The 14 Tide Light Rail into Virginia Beach; and 15 16 WHEREAS, the City received a conceptual proposal on April 2nd to design, build, 17 finance, and maintain The Tide Light Rail from Newtown Road to Rosemont Road (the 18 "Proposal"); 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA, THAT 22 23 The City Manager or designee is hereby directed to accept the Proposal and 24 solicit competing conceptual proposals for the extension of The Tide Light Rail into 25 Virginia Beach; and 26 27 The City Manager or designee shall solicit for a period of one hundred twenty 28 days competing conceptual proposals that have, at a minimum, construction of light rail 29 transit from Newtown Road to Rosemont Road, provided, however, that the solicitation 30 include the possibility for proposers to include a maintenance component, innovative 31 financing, the extension of The Tide Light Rail beyond Rosemont to a terminus closer to 32 the Oceanfront, and other concepts that would improve the feasibility of the project; and 33 34 The City Manager or designee is directed to assemble a task force for evaluation 35 of the Proposal and any competing proposals including the solicitation of outside 36 advisers for engineering, legal, and other necessary services. Adopted by the City Council of the City of Virginia Beach, Virginia, on this llth day of June , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ✓�'1ti J, City Manager s Office CityAttorney's Office CA12669/R-3/June 4, 2013 -69 - Item —V -J.3 ORDINANCES/RESOLUTIONS ITEM #62885 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE the Issuance by the Economic Development Authority of Middlesex County of its Revenue and Refunding Bond in an amount not to exceed $8,497,000 re Cape Henry Collegiate School, Inc. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 11, 2013 1 RESOLUTION APPROVING THE ISSUANCE BY 2 THE ECONOMIC DEVELOPMENT AUTHORITY OF 3 MIDDLESEX COUNTY OF ITS REVENUE AND 4 REFUNDING BOND IN AN AMOUNT NOT TO 5 EXCEED $8,497,000 FOR CAPE HENRY 6 COLLEGIATE SCHOOL, INC. 7 8 WHEREAS, the Economic Development Authority of Middlesex County (the 9 "Middlesex Authority") has considered the request of Cape Henry Collegiate School, 10 Inc. (the "School") for the issuance by the Middlesex Authority of its revenue and 11 refunding bond in an amount not to exceed $8,497,000 (the "Bond") to assist the School 12 in (1) refinancing the outstanding principal of (a) the Middlesex Authority's $10,000,000 13 Revenue Bond (Cape Henry Collegiate School Project) Series 2001, the proceeds of 14 which were used to (i) finance the costs incurred in connection with the construction and 15 equipping of a classroom building containing approximately 45,000 square feet, and a 16 gymnasium containing approximately 15,000 square feet, (ii) finance the costs incurred 17 in connection with the renovation and equipping of locker rooms and offices in an 18 existing gymnasium, all such financed facilities located on the Schools grounds 19 (collectively, the "Project"), and (iii) refinance the outstanding principal balance of the 20 City of Virginia Beach Development Authority's $4,500,000 Revenue and Refunding 21 Bonds, Series 1997 issued for the benefit of the School; and (b) the Industrial 22 Development Authority of Lancaster County's $1,500,000 Revenue Bond (Cape Henry 23 Collegiate School Project) Series 2001, the proceeds of which were used to finance the 24 Project; and (2) paying the costs of issuance of the Bond (collectively, the "Plan of 25 Finance"); 26 27 WHEREAS, the Middlesex Authority has adopted a resolution of intent (the 28 "Resolution") on April 18, 2013 signifying its intention to issue the Bond for the benefit of 29 the School; 30 31 WHEREAS, the City of Virginia Beach Development Authority (the "Virginia 32 Beach Authority") has held a public hearing with respect to the Bond on May 21, 2013, 33 and has adopted an approving resolution with respect thereto; and 34 35 WHEREAS, Section 15.2-4905 of the Code of Virginia of 1950, as amended (the 36 "Virginia Code"), provides that the City Council for the City of Virginia Beach (the "City 37 Council") must concur with the adoption of the Resolution; 38 39 WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), 40 provides that the highest elected governmental officials of the government unit having 41 jurisdiction over the area in which any facility financed with the proceeds of private 42 activity bonds is located shall approve the issuance of such bonds; 43 44 WHEREAS, the Project is located in the City of Virginia Beach and the members 45 of the City Council constitute the highest elected governmental officials of the City of 46 Virginia Beach; and 47 WHEREAS, a copy of the Resolution, the Virginia Beach Authority's approving 48 resolution, a reasonably detailed summary of the comments expressed at the public 49 hearing with respect to the Bond held by the Virginia Beach Authority and a statement in 50 the form prescribed by Section 15.2-4907 of the Virginia Code have been filed with the 51 City Council, together with the Virginia Beach Authority's recommendation that the City 52 Council concur with the Resolution. 53 54 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 55 OF VIRGINIA BEACH, VIRGINIA: 56 57 1. The recitals made in the preamble to this Resolution are hereby adopted as a 58 part of this Resolution. 59 60 2. The City Council concurs with the adoption of the Resolution and approves 61 the issuance of the Bond by the Middlesex Authority to the extent required by the Code 62 and Section 15.2-4906 of the Virginia Code. 63 64 3. The approval of the issuance of the Bond, as required by the Code and 65 Section 15.2-4906 of the Virginia Code does not constitute an endorsement to a 66 prospective purchaser of the Bond of the creditworthiness of the School, and the Bond 67 shall provide that the City of Virginia Beach and the Virginia Beach Authority shall not 68 be obligated to pay the Bond or the interest thereon or other costs incident thereto and 69 neither the faith or credit, nor the taxing power, of the Commonwealth of Virginia, the 70 City of Virginia Beach or the Virginia Beach Authority shall be pledged thereto. 71 72 4. This Resolution shall take effect immediately on its adoption. 73 74 Adopted by a quorum of the Council of the City of Virginia Beach, Virginia, on 75 June 11, 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Economic Development City Attorney CA12569 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D021 \P011 \00043671.DOC R-1 May 31, 2013 i�j VIRGINIA BEACH? May 21, 2013 The Honorable William D. Sessoms, Jr., Mayor Members of City Council Municipal Center Virginia Beach, Virginia 23456 Re: Cape Henry Collegiate School, Inc. Concurring Revenue Bonds Dear Mayor Sessoms and Members of Council: We submit the following in connection with Cape Henry Collegiate School, Inc. located at 1320 Mill Dam Road, in the City of Virginia Beach, Virginia. 1. Evidence of publication of notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. 2. The City of Virginia Beach Development Authority's (the "Authority's") resolution recommending Council's approval is attached as Exhibit C. 3. The statement of the Authority's reasons for its approval of the issuance of the bonds as a benefit for the City of Virginia Beach and its recommendation that the City Council approve the bonds described above is attached as Exhibit D. 4. The Fiscal Impact Statement is attached as Exhibit E. 5. A summary sheet setting forth the type of issue, and identifying the project and the principals of the applicant is attached as Exhibit F. 6. A letter from the Department of Economic Development commenting on the project is attached as Exhibit G. 7. An Inducement Resolution from Middlesex County, Virginia is attached as Exhibit H. 8. The Disclosure Statement is attached as Exhibit I. 222 Certrvl Park Ave; Suite 1000 • Virginip Beach, Virginiv 23462 • ph 757,385,6464 or 800,989,4567 • fox 757499,9894 1 The Honorable William D. Sessoms, Jr., Mayor Members of City Council May 21, 2013 Page 2 JWR/AWS Enclosures 7574462077 0 rr N 0 ro 0 r H vi/so Lo/so 01:31:52 p.m. 0) <010< 0a,3 rr 0 P. 0 r I-, r- 0' 0 0 rt %CI M W 1Q l4 0 • a 0. to H N• 0 CD P. P. 1.• aro0. a 0 01 a• I-, 01 0 • f< w 0 0 0 < 0,(D ` wrrW re11 �maw„�ro0a aaH•C)*00dr � A, 0 P. 01-) 0 0 0 0 O r X'X wrlN(i P1wYC a• N0 N 00 Al 01-0 K a(4 w” (rt 0 ern N 0 N N S (4W roe 0 ti a N • M 0 •m N HIDm00 • mro w rot gg • 0 as 00 w 0 0 01 N 0� X• fp a� 07 0 fl 0 ate (`ow• aro (D0' 0.1-3 O1 (A (D a CO rr0 H0 f0 0 (,) H- rt rt K rt ID Ill 0 0 010 H xw EXHIBIT A 05-20-2013 0 0 W w� Ln 0 J al to 07 ma k.0r to H Hto N G H 0 F3 H i1t���' FHUl1 H 9. -.I [3 ro r z ETOL 9L 4 L ta!V dA 2 /2 0 m doDD1 W Hr, 0 N• 0 • H N• h <H n q� WLR • H z H 0 "▪ � 2 ��� 3mS Ro $n.ii e�3o '3 -« xnn3 �','G�v_ag'. 3.§1-Qw g o'ira im ;_ Rae. 3 'AC p �r I kigg g �O"S D 0 47- m m -- az al Wil d B.rs5.C:i �$ 5V- 5°"°14''G: ' -Q3 E .• gmo .x a ,.4.0, 7o R 0- ggomQ IVI. igm$. 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Q.s RC � C �a RIialaR Sg �6'q'ris i,p, lit m8:.gs '?�. i!S Oq rto t6-!5 a X21 � sqg zmC2 �o W e' a' 9S u.f 1. t 25��: iii -8 -3?5 S G aft- g• 3'n 0 i m ssxmgo� � �j�✓Q �• Qg [o : ��1 Q q3 �a 6K R� g�S `� �QQQ3 �6* R �^4� ,� ZO ZO p 2 IMW3 ms q(i Qg R!`I 38a' IM:§a2dA§Eg5EF,'W1A3G aLn EOli er'ehg na " C 2 PAGE 2I2 " RCVD AT 5/20/20131:44:42 PM (Eastern Daylight TImej * SVR:WMCD-FAXIO * DNIS:0 * CSID:7574462077 * DURATION (mm-ss):01.40 NOTICE OF PUBLIC HEARING ON PROPOSED INDUSTRIAL DEVELOPMENT REVENUE AND REFUNDING BOND FINANCING BY THE ECONOMIC DEVELOPMENT AUTHORITY OF MIDDLESEX COUNTY, VIRGINIA Notice is hereby given that the City of Virginia Beach Economic Development Authority (the "Authority") will hold a public hearing on the application of Cape Henry Collegiate School, Inc., a Virginia non-profit corporation (the "Company"), whose current address is 1320 Mill Dam Road, Virginia Beach, Virginia (the "Grounds"), acting on its own behalf, for the Economic Development Authority of Middlesex County, Virginia (the "Middlesex Authority") to issue, pursuant to Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (the "Act"), its Industrial Development Revenue and Refunding Bond (the "Bond") in amount not to exceed $8,497,000 to assist the Company in (A) refinancing the outstanding principal of (i) the Middlesex Authority's $10,000,000 Revenue Bond (Cape Henry Collegiate School Project) Series 2001, the proceeds of which were used to (1) finance the costs incurred in connection with the construction and equipping of (a) a classroom building containing approximately 45,000 square feet, and (b) a gymnasium containing approximately 15,000 square feet, (2) finance the costs incurred in connection with the renovation and equipping of locker rooms and offices in an existing gymnasium, all such financed facilities located on the Grounds (collectively, the "Project"), and (3) refinance the outstanding principal balance of the City of Virginia Beach Development Authority's $4,500,000 Revenue and Refunding Bonds, Series 1997 issued for the benefit of the Company; and (ii) the Industrial Development Authority of Lancaster County, Virginia's $1,500,000 Revenue Bond (Cape Henry Collegiate School Project) Series 2001, the proceeds of which were used to finance the Project; and (B) paying the costs of issuance of the Bond (collectively, the "Plan of Finance"). The public hearing which may be continued or adjourned will be held at 8:30 a.m., on May 21, 2013, before the Authority at its offices at 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462. As required by the Act, the Bond will not pledge the faith and credit or the taxing power of the Commonwealth of Virginia or any political subdivision thereof, including the City of Virginia Beach or the Authority, but will be payable solely from revenues derived from the Company and pledges therefore. Any person interested in the issuance of the Bond or the Plan of Finance may appear and be heard. A copy of the resolution to be considered by the Authority after the public hearing is on file and is open for inspection at the Authority's office during business hours. CITY OF VIRGINIA BEACH ECONOMIC DEVELOPMENT AUTHORITY TO BE PUBLISHED IN: The Virginian Pilot May 7, 2013 and May 14, 2013 20827944v1 EXHIBIT B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (Cape Henry Collegiate School Project) The Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of Cape Henry Collegiate School, Inc. (the "Borrower"), and that a notice of the hearing was published once a week for two consecutive weeks in a newspaper having general circulation in Virginia Beach, Virginia, the first publication being not less than fourteen (14) days prior to the hearing and the second publication being not less than six (6) days and not more than twenty-one (21) days prior to the hearing. The Chairman indicated that a copy of the notice and a certificate of publication of such notice have been filed with the records of the Authority. The following individual appeared before the Authority: William W. Harrison, Jr. of the law firm of Williams Mullen, Bond Counsel and Counsel to the Borrower Mr. Harrison gave a brief description of the Project (below defined). He explained that the Borrower has presented its plans to the Economic Development Authority of Middlesex County (the "Issuer") for the issuance by the Issuer of the Issuer's Revenue and Refunding bond in an amount not to exceed $8,497,000 (the "Bond") to assist the Borrower in its plan of finance for (1) refinancing the outstanding principal of (i) the Issuer's $10,000,000 Revenue Bond (Cape Henry Collegiate School Project) Series 2001, the proceeds of which were used to finance the costs incurred in connection with the construction and equipping of (a) a classroom building containing approximately 45,000 square feet and (b) a gymnasium containing approximately 15,000 square feet and finance the costs incurred in connection with the renovation and equipping of locker rooms and officers in an existing gymnasium, all such financed facilities located at 1320 Mill Dam Road, Virginia Beach, Virginia (the "Facility"); (ii) the outstanding principal balance of the City of Virginia Beach Development Authority' s $4,500,000 Revenue and Refunding Bonds, Series 1997 issued for the benefit of the Borrower; and (iii) the outstanding principal balance of the Industrial Development Authority of Lancaster County's $1,500,000 Revenue Bond (Cape Henry Collegiate School Project) Series 2001; and (2) paying the costs of issuance of the Bond. Mr. Harrison answered various questions of the Directors of the Authority. No other persons appeared to address the Authority, and the Chairman closed the public hearing. The Authority hereby recommends that the City Council approve the issuance of the Issuer's revenue and refunding bond in an amount not to exceed $8,497,000 and hereby transmits the Fiscal Impact Statement to the City Council and asks that this recommendation be received at its next regular or special meeting at which this matter can be properly placed on the City Council's agenda for hearing. 21511485 vl EXHIBIT C RESOLUTION OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR CAPE HENRY COLLEGIATE SCHOOL, INC. WHEREAS, there has been described to the City of Virginia Beach Development Authority (the "Authority") the plans of Cape Henry Collegiate School, Inc. (the "School") whose current address is 1320 Mill Dam Road, Virginia Beach, Virginia (the "Grounds"), for the issuance by the Economic Development Authority of Middlesex County (the "Middlesex Authority") of its revenue and refunding bond in an amount not to exceed $8,497,000 (the "Bond") to assist the School in (A) refinancing the outstanding principal of (i) the Middlesex Authority's $10,000,000 Revenue Bond (Cape Henry Collegiate School Project) Series 2001, the proceeds of which were used to (1) finance the costs incurred in connection with the construction and equipping of (a) a classroom building containing approximately 45,000 square feet, and (b) a gymnasium containing approximately 15,000 square feet, (2) finance the costs incurred in connection with the renovation and equipping of locker rooms and offices in an existing gymnasium, all such financed facilities located on the Grounds (collectively, the "Project"), and (3) refinance the outstanding principal balance of the City of Virginia Beach Development Authority's $4,500,000 Revenue and Refunding Bonds, Series 1997 issued for the benefit of the Company; and (ii) the Industrial Development Authority of Lancaster County's $1,500,000 Revenue Bond (Cape Henry Collegiate School Project) Series 2001, the proceeds of which were used to finance the Project; and (B) paying the costs of issuance of the Bond (collectively, the "Plan of Finance"); and WHEREAS, a public hearing with respect to the Bond, as required by Virginia law and the Internal Revenue Code of 1986, as amended (the "Code"), have been held by the Middlesex Authority on April 18, 2013, and a resolution of intent with respect to the Bond was adopted by the Middlesex Authority on April 18, 2013; and WHEREAS, the School has elected to proceed with the Plan of Finance pursuant to which the Bond will be privately placed with STI Institutional & Government, Inc. (the "Lender") for its own account and for investment purposes; and WHEREAS, the School, in its appearance before the Authority, has described the debt service cost savings relating to the issuance of the Bond as a "qualified tax-exempt obligation" within the meaning of §265(b)(3) of the Code and the educational benefits to residents of the City of Virginia Beach to be derived from the issuance of the Bond; and WHEREAS, a public hearing with respect to the Bond as required by Virginia law and the Internal Revenue Code of 1986, as amended, has been held at this meeting. BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1 1. It is found and determined that the issuance of the Bond will promote education in the City of Virginia Beach, benefit its inhabitants and promote their safety, health, welfare, convenience and prosperity. 2. To assist the School to issue the Bond, the Authority recommends that the City Council of the City of Virginia Beach (the "Council") concur with the Middlesex Authority Resolution, the forms of which have been presented at this meeting as required by § 15.2-4905 of the Code of Virginia of 1950, as amended (the "Virginia Code"), and hereby directs the Chair or Vice Chair of the Authority to submit to the Council the statement in the form prescribed by § 15.2-4907 of the Virginia Code, a reasonable detailed summary of the comments expressed at the public hearing held at this meeting pursuant to § 15-2-4906 of the Virginia Code, and a copy of this resolution. 3. All costs and expenses in connection with the Plan of Finance shall be paid from the proceeds of the Bond to the extent permitted by law or from funds of the School and the Authority shall have no responsibility therefor. 4. All acts of the officers of the Authority which are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bond are hereby approved and confirmed. 5. This resolution shall take effect immediately upon its adoption. The undersigned hereby certifies that the above resolution was duly adopted by the commissioners of the City of Virginia Beach Development Authority at a meeting duly called at which a quorum was present and acting throughout on May 21, 2013, and that such Resolution is in full force and effect on the date hereof. Date: May 21, 2013 #20827749 vl - Resolution (Approving) VB Authority 2 Secre City of V. Deve ent Aut r � VIRGINIA BEACH EXHIBIT D ECONOMIC DEVELOPMENT AUTHORITY OF MIDDLESEX COUNTY INDUSTRIAL DEVELOPMENT REVENUE AND REFUNDING BOND NOT TO EXCEED $8,497,000 FOR CAPE HENRY COLLEGIATE SCHOOL, INC. The City of Virginia Beach Development Authority (the "Authority") recommends approval of the above -captioned financing. The financing will benefit the citizens of the City of Virginia Beach, Virginia, by providing improved educational, social and recreational facilities which promotes the health and welfare of the City's citizens. 22 C®niro? Park Ave, Suite 1000 * Virginio 5eoch, Virginio 2342 • ph 757.385.:5464 or 807.989:4.547 • fox 757499,9894 EXHIBIT E FISCAL IMPACT STATEMENT DATE: May 21, 2013 TO: Virginia Beach City Council APPLICANT: Cape Henry Collegiate School, Inc. TYPE OF FACILITY: Educational Facility 1. Maximum amount of financing sought: $ 8,497,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality: $ tax exempt 3. Estimated real property tax per year using present tax rates: $ tax exempt 4. Estimated personal property tax per year using present tax rates: $ tax exempt 5. Estimated merchant's capital (business license) tax per year using present tax rates: $ none 6. Estimated dollar value per year of goods and services that will be purchased within the locality: $ 15,000,000 7. Estimated number of regular Employees on year round basis: 154 8. Average annual salary per employee: $51,750 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT EXHIBIT F SUMMARY SHEET ECONOMIC DEVELOPMENT AUTHORITY OF MIDDLESEX COUNTY REVENUE AND REFUNDING BOND 1. PROJECT NAME: 2. LOCATION: 3. DESCRIPTION OF PROJECT: Cape Henry Collegiate School, Inc. ("Cape Henry") 1320 Mill Dam Road Virginia Beach, Virginia 23454 Cape Henry has requested that the Economic Development Authority of Middlesex County (the "Issuer") issue its Revenue and Refunding Bond in the amount not to exceed $8,497,000 (the "Bond") to assist Cape Henry in its plan to (i) refinance the outstanding principal balance of the Issuer's $10,000,000 Revenue Bond (Series 2001), (ii) to refinance the outstanding principal balance of the City of Virginia Beach Development Authority's $4,500,000 Revenue and Refunding Bonds (Series 1997), (iii) to refinance the outstanding principal balance of the Industrial Development Authority of Lancaster County's $1,500,000 Revenue Bond (Series 2001), and (iv) pay the cost of issuance of the Bond. 4. AMOUNT OF BOND ISSUE: $8,497,000 5. PRINCIPALS: see attached Schedule A. 6. ZONING CLASSIFICATION: a. Present Zoning Classification: R15 / R20 b. Is rezoning proposed? No c. If so, to what zoning classification? N/A I SCHEDULE A (of Summary Statement / Cape Henry) Board of Trustees Board Officers (2012-2013) Chair Mr, James H. Sparks Vice Chair Mr. Michael R. Gianascoli '89 Vice Chair Mr. Richard C. Zoretic Secretary Mrs, Sibyl W. Seth Treasurer Mrs, Cheryl L. Xystros Head of School/President Dr. John P. Lewis Trustees Mr. Thomas H. Atherton 111 Mr. B. Franklin Bradley Mr. David C. Burton Mrs. Carolyn A. Castleberry Mr. Scot N. Creech Mr. Dennis M. Ellmer Mr, John C. Fagan Dr. Michael F. Hasty The Honorable Pamela E. Hutchens Mr. Ronald M. Kramer Mr. Kelly L. Law '83 Ms. Dorothy P. Mannix '82 Mr, Craig L. Mytelka Mr, Christakis J. Paphites Mr, Lee S. Peregoff '77 VIRGINIA BEACH May 21, 2013 John W. Richardson, Esquire Chair Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 EXHIBIT G Department of Economic Development 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 385-6464 FAX (757) 499-9894 Website: www.vbgov.com E-mail.: ecdev@vbgov.com Re: Middlesex County Revenue and Refunding Bond in the amount not to exceed $8,497,000 for Cape Henry Collegiate School, Inc. (the "Bond") Dear John: The Department of Economic Development concurs with the issuance of the refinancing of bonds by the Economic Development Authority of Middlesex County ("Middlesex Authority") in the amount to not exceed $8,497,000 for Cape Henry Collegiate School, Inc. These funds are to be utilized to refinance the outstanding principal of Middlesex Authority's $10,000,000 Revenue Bond (Cape Henry Collegiate School Project) Series 2001, which was issued to refinance the principal balance of existing bonds previously issued, and to pay the costs of issuance of the Bond. If you have any questions, I will be glad to discuss further at our next meeting. Sincerely, '///X711 Mark R. Wawner Project Development Coordinator Virginia Beach Department of Economic Development MRW/AWS/csk EXHIBIT H RESOLUTION OF INTENT OF THE ECONOMIC DEVELOPMENT AUTHORITY OF MIDDLESEX COUNTY, VIRGINIA INDICATING ITS INTENT TO ISSUE AN INDUSTRIAL DEVELOPMENT REVENUE AND REFUNDING BOND FOR CAPE HENRY COLLEGIATE SCHOOL, INC. TO REFINANCE PRIOR BONDS WHEREAS, there has been described to the Economic Development Authority of Middlesex County, Virginia (the "Authority"), the plans of Cape Henry Collegiate School, Inc., a Virginia non-profit corporation (the "Company"), whose current address is 1320 Mill Dam Road, Virginia Beach, Virginia (the "Grounds"), acting on its own behalf, for the Authority to issue, pursuant to Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (the "Act"), its Industrial Development Revenue and Refunding Bond (the "Bond") in amount not to exceed $8,497,000 to assist the Company in (A) refinancing the outstanding principal of (i) the Authority's $10,000,000 Revenue Bond (Cape Henry Collegiate School Project) Series 2001, the proceeds of which were used to (1) finance the costs incurred in connection with the construction and equipping of (a) a classroom building containing approximately 45,000 square feet, and (b) a gymnasium containing approximately 15,000 square feet, (2) finance the costs incurred in connection with the renovation and equipping of locker rooms and offices in an existing gymnasium, all such financed facilities located on the Grounds (collectively, the "Project"), and (3) refinance the outstanding principal balance of the City of Virginia Beach Development Authority's $4,500,000 Revenue and Refunding Bonds, Series 1997 issued for the benefit of the Company; and (ii) the Industrial Development Authority of Lancaster County, Virginia's $1,500,000 Revenue Bond (Cape Henry Collegiate School Project) Series 2001, the proceeds of which were used to finance the Project; and (B) paying the costs of issuance of the Bond (collectively, the "Plan of Finance"); and WHEREAS, a public hearing has been held as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, and applicable provisions of the Code of Virginia of 1950, as amended (the "Virginia Code"). NOW, THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF MIDDLESEX COUNTY, VIRGINIA THAT: 1. The foregoing recitals are approved by the Authority and are incorporated in, and deemed a part of this Resolution. 2. It is hereby found and determined by the Authority that undertaking the Plan of Finance by the Authority will be in the public interest and will benefit the inhabitants of the City of Virginia Beach, Virginia through the promotion of their safety, health, welfare, convenience or prosperity. 3. It is hereby found and determined that the Facility constitutes an "Authority Facility" within the meaning of the Act. 4. To induce the Company to carry out the Plan of Finance, the Authority hereby agrees to cooperate with the Company in the review and evaluation of the Plan of Finance and, 1 I subject to the Authority's final approval of the terms and conditions of the Plan of Finance and the offering of the Bond at a later date, to undertake the issuance of the Bond therefore in the maximum principal amount of $8,497,000 upon the terms and conditions to be mutually agreed upon by the Authority and the Company. If finally approved by the Authority, the Bond will be issued pursuant to a Bond Purchase and Refinancing Agreement and certain other documents satisfactory to, and with terms to be approved by, the Authority. The Bond will be issued only after the Authority has received the approving opinion of Bond Counsel as to the qualification of the Bond under the Act and appropriate certifications and opinions as to the offering of the Bond and the disclosure with respect thereto. 5. It having been represented to the Authority that it is necessary to proceed with the Plan of Finance, the Authority hereby agrees that the Company may proceed with the implementation of the Plan of Finance and take such other steps as it may deem appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the Company to obligate the Authority without its consent in each instance to the payment of any moneys or the performance of any acts in connection with the Plan of Finance. 6. The Authority hereby agrees to the recommendation of the Company that Williams Mullen, Virginia Beach, Virginia, be appointed as Bond Counsel and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bond. 7. The Authority hereby agrees, if requested, to accept the recommendations of the Company with respect to the appointment of an agent, underwriter or purchaser for the sale of Bond pursuant to the terms to be mutually agreed upon by the Authority and the Company. 8. All costs and expenses in connection with the Plan of Finance, including the fees and expenses of Bond Counsel, counsel for the Authority and the agent, underwriter or purchaser for the sale of the Bond, if any, shall be paid from the proceeds of the Bond (but only to the extent permitted by applicable law) or by the Company. If for any reason such Bond is not issued, it is understood that all such expenses shall be paid by the Company and that the Authority shall have no responsibility therefore. 9. The Bond shall be a limited obligation of the Authority and shall be payable solely out of revenues, receipts and payments specifically pledged therefore. Neither the directors, officers, agents or employees of the Authority, past, present and future, nor any person executing the Bond, shall be liable personally on the Bond by reason of the issuance thereof. The Bond shall not be deemed to constitute a general obligation debt or a pledge of the faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including Middlesex County and the Authority and neither the Commonwealth of Virginia nor any such political subdivision thereof shall be personally liable thereon, nor in any event shall the Bond be payable out of any funds or properties other than the special funds and sources provided therefore. Neither the faith and credit nor the taxing power of the Commonwealth of Virginia, or any political subdivision thereof, including Middlesex County, shall be pledged to the payment of the principal of the Bond or the interest thereon or other costs incident thereto. The Bond shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. 2 10. The Authority shall not be liable and hereby disclaims all liability to the Company for any damages, direct or consequential, resulting from the Authority's failure to issue the Bond for the Plan of Finance for any reason, including but not limited to, the failure of the Board of Supervisors of Middlesex County to approve the issuance of the Bond. Nothing herein shall be construed as a commitment or obligation on the part of the Authority to adopt a final resolution or execute any documents with respect to the Plan of Finance. 11. Unless this Resolution is extended by the Authority, the Bond authorized hereunder shall be issued prior to August 1, 2013 or this Resolution shall become void and of no further force or effect. 12. The Authority hereby recommends that the Board of Supervisors of Middlesex County approve the issuance of the Bond and hereby directs the Chairman or Vice -Chairman of the Authority to submit to the Board of Supervisors of Middlesex County a reasonably detailed summary of the comments, if any, expressed at the public hearing, the fiscal impact statement required by Virginia law, and a copy of this Resolution. 13. This Resolution shall take effect immediately upon its adoption. Adopted: April 18, 2013 20824950v1 3 Secretary Applicant: DISCLOSURE STATEMENT Date: June 18, 2013 Cape Henry Collegiate School, Inc. All Owners (if different from Applicant): N/A Type of Application: TEFRA approval for Revenue and Refunding Bond EXHIBIT I 1. The Applicant is a Virginia nonstock corporation. 2. The Applicant will be the owner of the Project. 3. The current officers and trustees of Applicant are listed on the attached Exhibit A. Cape Henry Collegiate School, Inc. By__..,__. Cape Henry Collegiate — Board of Trustees Board of Trustees Board Officers (2012-2013) Chair Mr. James H. Sparks Vice Chair Mr. Michael R. Gianascoll'89 Vice Chair Mr. Richard C. Zoretic Secretary Mrs. Sibyl W. Seth Treasurer Mrs. Cheryl L. Xystros Head of School/President Dr. John P. Lewis Trustees M. Thomas H. Atherton III Mr. B. Franklin Bradley Mr. David C. Burton Mrt. Carolyn A. Castleberry Mr. Scot N. Creech Mr. Dennis M. Etkner Mr. John C. Fagan Dr. Michael F. Hasty The Honorable Pamela E. Hutchens Mr. Ronald M. Kramer Mr, Kelly L Law '83 Ms. Dorothy P. Mannix '82 Mr. Craig L. Mytelka Mr. Christakis J. Paphites Mr, Lee S. Peregoff '77 Founders & Trustees Emeriti Mr. W. Cecil Carpenter' Mr. John P. Edmondson. Mr. Andrew S. Fine Mr, L. Renshaw Fortier Mrs. Dow S. Grones" Mr. Benjamin Huger, 11 Mrs. Grace Olin Jordan. Mr. Bernard W. McCray, Jr. Mr. James R. MCKenry • Mr. Arthur Peregoff• Mr. George G. Phillips, Jr. Mr. James P. Sadler` Mr. William J. Vaughan• Mrs. Anne Dickson Jordan Waldrop Ex -Officio Trustees Mr. Ros R. Willis '82 President, Alumni Association Board of Directors Headmasters Emeriti Dr. W. Hugh Moomaw' Mr. Daniel P. Richardson " Deceased Past and Current Board Chairs L. Renshaw Fortier 1976-1977 Arthur Peregoff 1977-1979 J W. Cecil Carpenter 1980.1981 Douglas D. Tewes 1981-1986 Robert M. McCombs 1986-1987 J. Douglas Perry 1987-1991 Thomas R. Frantz 1991-1994 Exhibit A to Disclosure Statement http://capehenrycollegiate.org/about/trustees 5/30/2013 1 -70 - Item -V-J.4 ORDINANCES/RESOLUTIONS ITEM #62886 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with AH Sandbridge, LLC for City -owned right-of-way for the purpose of erecting temporary signage at 2101 Princess Anne Road. (Deferred from May 28, 2013) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent. None June 11, 2013 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A 30 -YEAR LEASE 3 WITH ONE 10 -YEAR RENEWAL OPTION WITH 4 AH SANDBRIDGE, LLC FOR CITY -OWNED 5 RIGHT-OF-WAY LOCATED ADJACENT TO 6 AND FOR THE BENEFIT OF 2101 PRINCESS 7 ANNE ROAD FOR THE PURPOSE OF 8 ERECTING TEMPORARY SIGNAGE 9 10 WHEREAS, the City of Virginia Beach (the "City") owns unimproved right-of-way 11 (the "City ROW") located adjacent of 2101 Princess Anne Road (GPIN 2414-12-9860); and 12 13 WHEREAS, AH Sandbridge, LLC ("AH Sandbridge") desires to lease 3,911 square 14 feet of the City ROW (the "Premises") and enter into a 30 -Year lease agreement with one 15 ten (10) year renewal option for the purpose of erecting signage for a proposed shopping 16 center. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That the City Manager is hereby authorized to execute a lease for the Premises for 22 a term of thirty (30) years with one ten (10) year renewal option, between AH Sandbridge, 23 LLC and the City of Virginia Beach, as shown on the plan attached hereto as Exhibit A and 24 made a part of this Ordinance, and in accordance with the Summary of Terms attached 25 hereto as Exhibit B and made a part of this Ordinance, and such other terms, conditions or 26 modifications as may be acceptable to the City Manager and in a form deemed satisfactory 27 by the City Attorney. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 thday of 30 June , 2013. APPROVED AS TO CONTENT: Public W / Facilit Management CA12564 \\vbgov. com\DFS 1 W pplicati ons\CityLawProd\cycom32\Wpdocs\D030\P014\00067421. DO C R-1 May 14, 2013 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney EXHIBIT "A" SEE SHEET 2 OF 2 FOR NOTES & CURVE TABLE. 1V/F SCHOOL BOARD of THE CITY OF VIRGINIA BEACH (DB 4049, PG 166) (MB 275, PG 32) GPIN 2414-13-3361 N 3443378.1599 E 12211910.9723 L=455.25' VARIABLE NID1H 1EMPOR,4RY CONSTRUCTION EASEMENT / (UNRECORDED) 25' PERMANENT UTILITY EASEMENT (INST 20090605000634040) PARCEL C-1 (INSTR 20120321000313070) GPIN 2414-12-9860 TEMPORARY CONSTRUCTION tea. EASEMENT _ W (INST 20090605000634040) i7 r') o�© (0 N �� ���'�b 1t� N 3442868.5328 I rn Q�5 E 12212312.19231\ �� CQ(l'/ek T 425.40' L172.24' P� ��. 00,0 S33'49'26"W R=372.9: Q - Q¢ '`Q� `Lo PR/NC SS ANNE ROAD STALE ROUTE 615 ('VAR. NON R/11) (INST /20090605000634040) co okc)lv -0PiSC--k\c \ GeP��P� 3,911 S.F. LEASED AREA TO BENEFIT PARCEL C-1 (GPIN 2414-12-9860) -PRE-14GUS RIGHT-OF-WAY DEDICATION (INST /20090605000634040) imegunum mai L MEI INN ■ ■11►�►/i !M1■ ■ ■!�\L' !MI 111111/1:„�' M ■ ■11'x.7■11 EXHIBIT SHOWING 3,911 S.F. LEASED AREA TO BEN F.J-T----- PARCEL C-1 (GPIN 2414-12-9 60) (INSTR. 20120321000313070) VIRGINIA BEACH, VIRGINIA APRIL 2, 2013 MSA., P.C. Encinrunental Sciences • Planning • Surveying Ci it xt Ell imnmental Engineering • I andsc pe airhiiecane 5033 Rouse Drive, Virginia I3eac6. VA 23462 757-490-92641Orel 757-490-0634 (Fax) .v \r rv. m saon l i ne.com JEFFREY J. jEI4RETI1ER "Lid:Wo. 2306 - v ("iND SURv�e- NOTES: 1. THE PURPOSE OF TIIIS EXHIBIT IS TO SIIOW A 3,911 S.F. LEASED AREA 10 BENEFIT PARCEL C-1 (GPIN 2414-12-9860) AND IS NOT TO BE CONSIDERED A BOUNDARY SURVEY. 2. MERIDAN SOURCE BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM SOUTH ZONE, NAD83/93 HARN. CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA 01 1571.50 347.54 174.48 346.83 N39' 34' 15"W 12'40'16" C2 1571.50 20.00 10.00 20.00 N32' 52' 15"W 0'43'45" C3 1571.50 157.31 78.72 157.25 N29' 38' 18"W 5'44'08" C4 1571.50 524.85 264.89 522.41 N36' 20' 19"W 19-08'08" EXHIBIT SI -(OWING 3,911 S.F. LEASED AREA TO BENEFIT PARCEL C-1 (GPIN 2414-12-986 (I N STR. 20120321000313070) VIRGINIA BEACH, VIRGINIA APRIL 2, 2013 1v1SA , P.C. Environmental Scicvtces • (Taming • Surveying Civil & Environmental Engineering, • I.:vtdachpe Arcl ulectwe 5033 Rouse Drive, Virginia Reach, VA 23462 757-490-9264 (Ole) 757-490-0634 (Fax) www.ntsaonline.an TH op, 4EFFREr17`iRF�THER 45- 3.-�'a� EXHIBIT B SUMMARY OF TERMS LEASE OF 3,911 SQUARE FEET OF CITY -OWNED RIGHT-OF-WAY LOCATED ADJACENT TO 2101 PRINCESS ANNE ROAD LESSOR: City of Virginia Beach (the "City") LESSEE: AH Sandbridge, LLC ("AH Sandbridge") PREMISES: Approximately 3,911 square feet of City right-of-way located adjacent to 2101 Princess Anne Road (GPIN 2414-12-9860) TERM: Thirty (30) years with one ten (10) year renewal option RENT: In lieu of an annual rent payment, AH Sandbridge will demolish the buildings currently leased to Bonney & Sons Seafood and Sandbridge Towing, located on City right-of-way near the corner of Princess Anne Road and Sandbridge Road, at its sole expense. RIGHTS AND RESPONSIBILITIES OF AH SANDBRIDGE, LLC (LESSEE): • Keep, repair, and maintain the Premises in a workmanlike manner at its sole expense. • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. • Assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • At a future date as directed by the City, demolish and remove the existing commercial structures located on City right-of-way near the corner of Princess Anne Road and Sandbridge Road. • City may require AH Sandbridge to remove some or all of the improvements within thirty (30) days after termination by either party. RESPONSIBILITIES OF THE CITY (LESSOR): • The City will have no ongoing responsibilities on the Premises during the term of the Lease. • City may terminate this lease with sixty (60) days' notice, in the event the Premises is needed for the Project or for any public purpose. \\vbgov.com\DFS 1 \Applications\C ityLawProd\cycom32\W pdocs\D029\P016 \ 00067145 DOC -71 - Item ORDINANCES/RESOLUTIONS ITEM #62887 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE City -owned property to be in EXCESS of the City's needs and AUTHORIZE the property to be EXCHANGED for property and easements owned by King Farms, LLC at 3000 West Neck Road Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None June 11, 2013 1 AN ORDINANCE DECLARING 4,668 SQ. FT. 2 OF CITY -OWNED PROPERTY LOCATED 3 ALONG WEST NECK ROAD TO BE IN 4 EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE PROPERTY TO BE 6 EXCHANGED FOR PROPERTY AND 7 EASEMENTS OWNED BY KING FARMS, 8 LLC., LOCATED AT 3000 WEST NECK 9 ROAD. 10 11 WHEREAS, the City of Virginia Beach (the "City") owns a 4,668 sq. ft. parcel of 12 land located on West Neck Road (GPIN 2403-04-8740) (the "City Parcel"), which was 13 acquired as residual land in connection with the West Neck Road Safety 14 Improvements, Phase III (CIP 2-502) (the "Project"); 15 16 WHEREAS, King Farms, LLC, a Virginia limited liability company ("King Farms"), 17 is the owner of property located at 3000 West Neck Road (GPIN: 2403-05-6472), of 18 which 4,020 sq. ft. is needed for right-of-way in connection with the Project (the "King 19 Farms Parcel"); 20 21 WHEREAS, the City and King Farms have negotiated a land exchange whereby 22 the City would convey the City Parcel to King Farms, in exchange for King Farms 23 conveying the King Farms Parcel to the City; 24 25 WHEREAS, the City needs to acquire easements over other property owned by 26 King Farms for the Project; 27 28 WHEREAS, portions of the City Parcel will be needed for the Project, which will 29 be reserved by the City when the City Parcel is conveyed; and 30 31 WHEREAS, the City Council is of the opinion that the City Parcel is in excess of 32 the needs of the City, and that the exchange contemplated herein is in the best interest 33 of the City. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 1. That the City Parcel containing 4,668 sq. ft. (GPIN 2403-04-8740) is 39 hereby declared to be in excess of the needs of the City of Virginia Beach. 40 41 2. That the City Manager is hereby authorized to convey the City Parcel to 42 King Farms, LLC, in exchange for King Farms conveying a 4,020 sq. ft. portion of GPIN: 43 2403-05-6472 and permanent and temporary easements needed for the Project to the 44 City. 45 3. That the City Manager is hereby authorized to execute any and all 46 documents necessary to effect the exchange of property, in accordance with the 47 Summary of Terms attached hereto as Exhibit A, and incorporated herein, and such 48 other terms, conditions and modifications as may be acceptable to the City Manager 49 and in a form deemed satisfactory by the City Attorney. 50 51 This ordinance shall be effective from the date of its adoption. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day 54 of June , 2013. APPROVED AS TO CONTENT: APPROVED AS TO FORM: kamet e.8(c.s, blic Works / Real Estate CA12408 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\DO18\P015\00047176. DOC R-1 May 31, 2013 Mil Ala -A/ City Attorney EXHIBIT A SUMMARY OF TERMS LAND EXCHANGE BETWEEN THE CITY OF VIRGINIA BEACH ("CITY") AND KING FARMS, LLC ("KING FARMS") PROJECT: West Neck Road Safety Improvements, Phase III (CIP 2-502) PROPERTY NEEDEDFROM KING FARMS FOR PROJECT: • "King Farms Parcel" — Portion of 3000 West Neck Road (GPIN: 2403-05-6472) containing approximately 4,020 sq. ft. for right-of-way / Value - $3,497 • Permanent Drainage Easement — 7,649 sq. ft. / Value = $3,327 • Temporary Construction Easement — 27,727 sq. ft. / Value = $4,824 ESTIMATED TOTAL VALUE = $11,648 CITY PARCEL TO BE CONVEYED TO KING FARMS IN EXCHANGE FOR THE KING FARMS PARCEL: • "City Parcel" — Approximately 4,668 sq. ft. of residual property acquired in connection with the Project (GPIN: 2403-04-8740) / Value = $4,062 o Reserving permanent drainage easement / Value = ($2,031) o Reserving temporary construction easement / Value = ($812) ESTIMATED TOTAL VALUE = $ 1,219 RECONCILIATION OF DIFFERENCE IN VALUE: • City will pay $10,994 to King Farms • King Farms will waive any claims for damages due to loss of crops within the easement areas 1 -72 - Item -V-J.6 ORDINANCES/RESOLUTIONS ITEM #62888 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to APPOINT Viewers for one-year terms, beginning July 1, 2013, to view any proposed street or alleyway closures Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 11, 2013 1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR 2 ONE-YEAR TERMS BEGINNING JULY 1, 2013, TO VIEW 3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED 4 5 WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers 6 shall be appointed each year to serve terms of one year beginning July 1 to view each 7 and every street or alley proposed to be altered or vacated during the term;" and 8 9 WHEREAS, it is the desire of City Council to appoint the Directors of the 10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers 11 for one-year terms, beginning July 1, 2013 and ending June 30, 2014. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the Director of Planning, Director of Public Works and Director of Parks and 17 Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve 18 a one-year term beginning July 1, 2013 and ending June 30, 2014, to view each and 19 every application to close a street or alley, and to report in writing their opinion of what 20 inconvenience, if any, would result from discontinuing the street or alley or portion 21 thereof. Adopted by the Council of the City of Virginia Beach, Virginia on the llth day of June , 2013. APPROVED AS TO CONTENT: Depart ' t of Plannin' CA12661 R-1 May 28, 2013 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offi -73- Item-V-J.7a/b/c/d/e/f/g/h/i/j/k ORDINANCES/RESOLUTIONS ITEM #62889 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to GRANT permits to ALLOW Emergency Medical Services Agencies to operate in the City of Virginia Beach: a. Eagle Medical Transports b. Eastern Shore Ambulance Service c. American Lifeline Medical Transport d. Lifeline Ambulance Service e. Mid -Atlantic Regional Ambulance f Children's Hospital of the King's Daughters g. Special Event Providers of Emergency Medicine h. Nightingale Air Ambulance Service i. LifeEvac Virginia/Air Methods Corporation j. Emergency Medical Response k. Medical Transport Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 11, 2013 1 A RESOLUTION TO GRANT PERMITS ALLOWING 2 CERTAIN EMERGENCY MEDICAL SERVICES 3 AGENCIES TO OPERATE IN THE CITY OF VIRGINIA 4 BEACH 5 6 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates 7 an emergency medical services agency or any emergency medical services vehicle within 8 the City must first obtain a permit from City Council, and such permits must be renewed on 9 an annual basis; and 10 11 WHEREAS, applications for permit renewals have been received by the following 12 agencies: Eagle Medical Transports, Eastern Shore Ambulance Service, American 13 Lifeline Medical Transport, Lifeline Ambulance Service, Mid -Atlantic Regional Ambulance, 14 Children's Hospital of the King's Daughters, Special Event Providers of Emergency 15 Medicine, Nightingale Air Ambulance Service, LifeEvac Virginia/Air Methods Corp., 16 Emergency Medical Response, and Medical Transport; and 17 18 WHEREAS, the above -listed private ambulance agencies perform services not 19 provided by the City's volunteer rescue squads, such as non -emergency inter -facility 20 transports, which include both basic and advance life support calls. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 23 VIRGINIA BEACH; 24 25 1. That the City Council hereby grants Emergency Medical Services permits to the 26 following agencies: 27 28 Eagle Medical Transports, Eastern Shore Ambulance Service, American Lifeline 29 Medical Transport, Lifeline Ambulance Service, Mid -Atlantic Regional Ambulance, 30 Children's Hospital of the King's Daughters, Special Event Providers of Emergency 31 Medicine, Nightingale Air Ambulance Service, LifeEvac Virginia/Air Methods Corp., 32 Emergency Medical Response, and Medical Transport. 33 34 2. That these permits shall be effective from July 1, 2013 until June 30, 2014. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11 tray of June , 2013. APPROVED AS TO CONTENT: Emergency edical Services CA12642 R-2/May 17, 2013 APPROVED AS TO LEGAL SUFFICIENCY: -74- Item-V-J.8a/b/c ORDINANCES/RESOLUTIONS ITEM #62890 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to APPROPRIATE and/or TRANSFER: a. $39, 057 re Juvenile Accountability Block Grant b. $100,000 from the Federal Emergency Management Agency (FEMA) re Virginia Task Force Two Urban Search and Rescue Team re the devastating storm in Moore, Oklahoma c. $700,000 from the Fund Balance of the Risk Management Internal Service Fund re Insurance Premiums and Workers' Compensation Claims Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 11, 2013 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDING AND TRANSFER A LOCAL MATCH FOR A 3 JUVENILE ACCOUNTABILITY BLOCK GRANT 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 1. That $35,152 is hereby accepted from the Virginia Department of Criminal Justice 7 Services and appropriated, with estimated state revenues increased accordingly, to the 8 FY2012-13 Operating Budget of the Department of Human Services for programs that 9 reduce juvenile delinquency for people with intense mental health disabilities; and 10 11 2. That $3,905 is hereby transferred within FY 2012-13 Operating Budget of the 12 Department of Human Services to provide the required local match. Adopted by the Council of the City of Virginia Beach, Virginia on the 11th day June 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Managem nt Services CA12652 R-1 May 14, 2013 1 AN ORDINANCE TO APPROPRIATE FUNDS 2 FROM FEMA FOR THE VIRGINIA TASK 3 FORCE TWO URBAN SEARCH AND 4 RESCUE TEAM — MOORE, OKLAHOMA, 5 MOBILIZATION 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $100,000 in funding from the Federal Emergency Management 11 Administration is hereby appropriated, with estimated federal revenue increased 12 accordingly, to the FY 2012-13 Operating Budget of the Fire Department for expenses 13 related to the Moore, Oklahoma, mobilization of the Virginia Task Force Two Urban 14 Search and Rescue Team. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day of June , 2013. 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 - ent ervices CA12660 R-1 May 22, 2013 1 AN ORDINANCE TO APPROPRIATE $700,000 FROM THE 2 FUND BALANCE OF THE RISK MANAGEMENT INTERNAL 3 SERVICE FUND TO PAY INSURANCE PREMIUMS AND 4 WORKERS' COMPENSATION CLAIMS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 That $700,000 is hereby appropriated, with revenue from the fund balance of the 9 Risk Management Internal Service Fund, to the FY 2012-13 Operating Budget's Risk 10 Management Internal Service Fund for insurance premiums and Workers' Compensation 11 payments. llth Adopted by the Council of the City of Virginia Beach, Virginia on the day of June 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA12659 R-2 June 3, 2013 Item -V-K PLANNING -75- ITEM #62891 1. MARISA MULLIGAN VARIANCE 2. CYNTHIAS. And WALLACE RENO CONDITIONAL USE PERMIT 3. MILDRED R and JOSEPH GRANT CONDITIONAL USE PERMIT 4. AMY G. STOVALL CONDITIONAL USE PERMIT 5. ARMADA HOFFLER DEVELOPMENT CONDITIONAL CHANGE OF COMPANY, LLC/DAVID B., LUKE H. and ZONING ORDINANCE SUSIE WOOD HILL 6. CITY OF VIRGINIA BEACH AMEND CITY ZONING ORDINANCE June 11, 2013 -76 - Item -V-K PLANNING ITEM #62892 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2, 3, 4, and 6 (COUNCIL LADY HENLEY VOTING VERBAL NAY) of the PLANNING AGENDA. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 11, 2013 -77 - Item -V-K1 PLANNING ITEM #62893 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of MARISA MULLIGAN for a Variance to Section 5B.5 of the Site Plan Ordinance (Floodplain Regulations) at 2250 Wake Forest Street DISTRICT 5-LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of MARISA MULLIGAN for a Variance to Section 5B.5 of the Site Plan Ordinance (Floodplain Regulations) at 2250 Wake Forest Street (GPIN 1590519230) DISTRICT 5- LYNNHAVEN The following conditions shall be required: 1. The proposed addition shall be constructed as depicted on the submitted Site Plan entitled, "Wake Forest Drive, " and shall be constructed at the elevation of the existing dwelling (6.6 feet) or higher. 2. The mitigation at a one-to-one square foot basis requirement shall be waived provided that the existing wooded area at the rear of the property remains as a treed area. Said wooded area shall be delineated on the final Site Plan and shall be labeled as "Area to remain in a natural state, void of any turf grass and mulched to mimic natural conditions." 3. A Site Plan depicting the conditions above shall be submitted to the current Planning Division of the Planning Department for review and approval prior to the issuance of a building permit. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eleventh day of June, Two Thousand Thirteen June 11, 2013 -78 - Item -V-K.1 PLANNING ITEM #62893(Continued) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 11, 2013 -79 - Item —V -K.2 PLANNING ITEM #62894 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of CYNTHIA S. and WALLACE G. RENO for a Conditional Use Permit re a Child Daycare at 5305 Hamilton Lane DISTRICT 2-KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CYNTHIA S. and WALLACE G. RENO for a Conditional Use Permit re a Child Daycare at 5305 Hamilton Lane (GPIN 1467408793) DISTRICT 2-KEMPSVILLE The following conditions shall be required: 1. The home Daycare shall be limited to a total of twelve (12) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday, 6:00 A.M. to 6:00 P.M. 3. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Daycare Home at any one time. 4. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 5. A sign, no greater than one square foot in size, identifying the Daycare home, may be installed on the house. 6. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family Daycare Home. 8. The applicant shall move the fence projecting eastward towards the dwelling from the western lot line to be even with the front facade of the dwelling, as the "Proposed Fence Modifications" on page seven (7) depicts. 9. The applicant shall install a retractable driveway gate/fence across the full width of the driveway at the front lot line. Said retractable gate/fence shall be used at all times children are in the front yard. 10. All plastic play equipment associated with the Family Daycare Home shall be stored out of view from the public right-of-way, behind the relocated fence (Reference Condition #8), from 6:00 P.M. to 6:00 a.m. June 11, 2013 -80 - Item —V -K2 PLANNING ITEM #62894(Continued) This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eleventh day of June, Two Thousand Thirteen Voting. 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 11, 2013 -81 - Item -V-K3 PLANNING ITEM #62895 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of MILDRED R. and JOSEPH GRANT for a Conditional Use Permit re a Child Daycare at 2009 Joliet Court DISTRICT 7 -PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of MILDRED R. and JOSEPH GRANT for a Conditional Use Permit re a Child Daycare at 2009 Joliet Court (GPIN 1484293704) DISTRICT 7 -PRINCESS ANNE The following conditions shall be required: 1. The home Daycare shall be limited to a total of twelve (12) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday, 6:30 A.M. to 6:30 P.M. 3. No more than one (1) person, other than the applicant, shall assist the applicant with the operation of the home Daycare. 4. The applicant shall stagger the arrival and departure times for children such that vehicular congestion is avoided. 5. All barrier requirements of the Virginia Department of Social Services pertaining to the outdoor play area, and in particular, the use of the driveway, shall be met. 6. A sign, no greater than one square foot in size, identifying the home Daycare may be installed on the house. 7. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 8. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for home Daycare use. This Ordinance shall be effective in accordance with Section 107(J) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eleventh day of June, Two Thousand Thirteen June 11, 2013 -82 - Item -V-K.3 PLANNING ITEM #62895(Continued) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 11, 2013 -83 - Item -V-K4 PLANNING ITEM #62896 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of AMY G. STOVALL for a Conditional Use Permit re a Child Daycare at 1256 Tweedbrook Place DISTRICT 5-LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of AMY G. STOVALL for a Conditional Use Permit re a Child Daycare at 1256 Tweedbrook Place (GPIN 1488565734) DISTRICT 5-LYNNHAVEN The following conditions shall be required: 1. The in-home Daycare shall be limited to a total of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. 2. Hours of operation shall be limited to Monday through Friday, 6:00 A.M. to 7:00 P.M. 3. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Daycare Home at any one time. 4. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 5. A sign, no greater than one square foot in size, identifying the home Daycare may be installed on the house. 6. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Conditional Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family Daycare Home. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eleventh day of June, Two Thousand Thirteen June 11, 2013 -84 - Item -V-K4 PLANNING ITEM #62896(Continued) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 11, 2013 -85 - Item -V-K.5 PLANNING ITEM #62897 The following individuals registered to speak: R.E. Bourdon, Esquire, represented the Applicant and advised City Council was provided a historical perspective along with the plans for Sandbridge Shopping Center at Hill's Corner in the packages on Friday. This project was recommended for approval by Planning Staff and the Planning Commission voted 10-1 for approval. The key element to this project is the Princess Anne Road Phase VII Improvements. The Applicant has agreed not to use the out parcels for two (2) years. A considerable amount of time was taken with community activists to help make significant improvements. 43% of the property for this project is open space, more than any other commercial space in the Transition Area. Molly Brown, 2232 Sandpiper Road, Phone: 721-5011, representing the Sandbridge Civic League, requested City Council DEFER this project to allow the Citizens Advisory Committee to review and make recommendations. This project will add traffic to an already overburden road. Safe and efficient roads should be the priority. Veronica Guagenti, 913 Estrella Court, Phone: 426-5329, understands that if the Armada Hoffler project is not built on this property, it is only a matter of time before something will be built there. Road improvements are not scheduled in the foreseeable future. As a part of the 2012 Amendment to the Comprehensive Plan, roads must adequately support the demand placed on it for new projects. Ms. Guagenti would at least like a new design for the entrance of this shopping center. Susan Sadowski, 312 Salmon Court, Phone: 650-5168, a 23- year resident of Sandbridge, gathered data for City Council to consider. There are two major grocery stores, along with a Walmart and Target, that each sell groceries within 1.5 miles of this project site. Ms. Sadowski stated she has watched the development occur over this corridor but was not alarmed as it was not below the Green Line. However, this project is below the Green Line and she does not feel it is needed. Karen Beardslee Kwasny, 2089 Kittridge Drive, Phone: 689-2050, asked City Council to DEFER this project and allow the developer to come into compliance. This project has to be done right as it will affect the citizens living in the area. Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council APPROVED AS PROFFERED/APPLICANT TO CONTINUE WORKING WITH NEIGHBORHOOD, Application of ARMADA HOFFLER DEVELOPMENT COMPANY, L.L.C. / DAVID B., LUKE H. and SUSIE WOOD HILL for a Conditional Change of Zoning from AG -2 Agricultural and B-2 Community Business to B-2 Community Business re a shopping center at 2101 Princess Anne Road DISTRICT 7 - PRINCESS ANNE (deferred from May 28, 2013) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of ARMADA HOFFLER DEVELOPMENT COMPANY, L.L.C. / DAVID B., LUKE H. and SUSIE WOOD HILL for a Conditional Change of Zoning from AG -2 Agricultural and B-2 Community Business to B-2 Community Business re a shopping center at 2101 Princess Anne Road (GPIN 2414129860) DISTRICT 7 -'PRINCESS ANNE (deferred from May 28, 2013) June 11, 2013 -86 - Item -V-K.5 PLANNING ITEM #62897(Continued) The following condition shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eleventh day of June, Two Thousand Thirteen Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 11, 2013 -87 - Item -V-K.6 PLANNING ITEM #62898 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND Section 301 of the City Zoning Ordinance (CZO) re Outdoor Recreational and Amusement facilities in the Preservation Zoning District Voting: 10-1 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Council Lady Barbara M. Henley Council Members Absent: None June 11, 2013 1 AN ORDINANCE TO AMEND SECTION 301 OF THE 2 CITY ZONING ORDINANCE, PERTAINING TO 3 OUTDOOR RECREATIONAL AND AMUSEMENT 4 FACILITIES IN THE PRESERVATION ZONING 5 DISTRICT 6 Section Amended: City Zoning Ordinance § 301 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 301 of the City Zoning Ordinance is hereby amended and 13 reordained, to read as follows: 14 15 Sec. 301. Use regulations. 16 17 (a) Principal and conditional uses. The following chart lists those uses 18 permitted within the P-1 Preservation District. Those uses and structures shall be 19 permitted as either principal uses indicated by a "P" or as conditional uses indicated by 20 a "C." No uses or structures other than as specified shall be permitted. 21 22 23 Use P-1 Recreation and amusement facilities of an outdoor nature C other than those specified as principal uses, which may be partially or temporarily enclosed on a seasonal basis, with the approval of city council;. Such facilities may include permanently enclosed components, provided such components do not exceed a total of twenty per cent (20%) of the area encompassed by the conditional use permit and the activities conducted therein are identical to those conducted outdoors or specifically permitted by the conditional use permit. COMMENT 24 "The amendments allow, as part of a conditional use permit for an outdoor recreational or 25 amusement facility in the Preservation District, permanently enclosed indoor areas in which the 26 same activities conducted on the outdoor portion are carried on. The total area of such indoor 27 components may not exceed 20% of the total site area covered by the conditional use permit. llth Adopted by the City Council of the City of Virginia Beach on the of June , 2013. APPROVED AS TO CONTENT: Plan ing Department CA12628 R-3 May 8, 2013 day APPROVED AS TO LEGAL SUFFICIENCY: C''y Attorney's Office 2 I -88- ITEM V -L APPOINTMENTS ITEM #62899 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ARTS AND HUMANITIES COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION PARKS AND RECREATION COMMISSION (YOUTH) June 11, 2013 -89 - ITEM V -L APPOINTMENTS ITEM #62900 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: JOSEPH BOVEE KAL KASSIR Three Year Term — 07/01/2013 — 06/31/2016 FRED HAZELWOOD, EX- OFFICIO,FIRST LANDING STATE PARK BAYFRONT ADVISORY COMMITTEE Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 11, 2013 -90 - ITEM V -L APPOINTMENTS ITEM #62901 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: MICHAEL L. CLARK THOMAS E. FRAIM WILLIAM A. HURST Three Year Term — 07/01/2013 — 06/31/2016 BEACHES AND WATERWAYS COMMISSION Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 11, 2013 -91 - ITEM V -L APPOINTMENTS ITEM #62902 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: RICHARD M. HILDRETH DANIEL A. KOACH HOWARD E. KUHNS Three Year Term — 07/01/2013 — 06/31/2016 BIKEWAYS AND TRAILS ADVISORY COMMITTEE Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 11, 2013 I -92- ITEM V -L APPOINTMENTS ITEM #62903 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: ROBERT M. DYER BARBARA M. HENLEY JAMES K SPORE Two Year Term — 07/01/2013 — 06/31/2015 HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 11, 2013 -93 - ITEM V -L APPOINTMENTS ITEM #62904 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: MICHAEL LANCASTER Two Year Term - 07/01/13-06/30/15 MINORITY BUSINESS COUNCIL Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 11, 2013 -94 - ITEM V -L APPOINTMENTS ITEM #62905 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: SUSAN CAMPBELL ANGELA KELLAM JOYCE WILLIAMS-BLAND Four Year Term - 07/01/13 — 6/30/17 SOCIAL SERVICES BOARD Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 11, 2013 -95 - ITEM V -L APPOINTMENTS ITEM #62906 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: JOHN A. PISCITELLI Four Year Term - 07/01/13-06/30/17 TIDEWATER COMMUNITY COLLEGE BOARD Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 11, 2013 1 -96- Item -V-M ADJOURNMENT ITEM #62907 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:50 P.M. Amanda Finley -Barnes, CMC Chief Deputy City Clerk ' . 'h Hodges Fri City Clerk ser, MMC William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia June 11, 2013 -96 - Item -V-M ADJOURNMENT ITEM #62907 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:50 P.M. manda Finley -Barnes, CMC Chief Deputy City Clerk i th Hodges Fraser, MMC William D. Sessoms, Mayor City Clerk City of Virginia Beach Virginia June 11, 2013