JANUARY 13, 2009
I i II
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
AfAYOR WILLIAM D. SESSOMS ,JR., At-Large
neE MAYOR LOI 'IS R. JONES, Bayslde -District -I
GU;NN R. DAVIS, Rose Hall- District 3
WILLIAM II. DeSi/iPH, At-Large
HARRY E. DIEZEI, Kempsville - District 2
ROBERTM. DYEII" Centerville - District I
BARBARA M. HENLEY, Princess Anne District 7
JOHN E. UHRIN, Beach District 6
RON A. VILLANUh'VA, At-Large
ROSEMARY WILSON, At-Large
JAMHS L. WOOD, Lynnhaven -Dls/rict 5
CITY COUNCIL AGENDA
13 JANUARY 2009
CITY MANAGER - JAMES K. SPORE
CllY ADORNEY - LESLIE L. LILLEY
CITY ASSESSOR - .I/;RALD BANAGAN
CITY AUDITOR - /. rNDON S REM/AS
CITY GERK - RI fTH HODGES FRASER, MMC
1.
CITY MANAGER'S BRIEFINGS
- Conference Room -
A. PERMITS and INSPECTIONS LEGACY SYSTEM MIGRATION
Jack Whitney, Director - Planning
Gwen Cowart, Director - ComIT
B. FY2010 BUDGET - Cost Comparisons - Other Cities
(Background, Information on Revenues and Costs)
Catheryn Whitesell, Director - Management Services
II. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
V.
INFORMAL SESSION
- Conference Room -
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
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CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
2:00 PM
4:00 PM
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VI. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B.
INVOCATION:
Reverend E. Ray Cox, Sr.
Pastor, New Hope Baptist 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 SESSION
2. SPECIAL FORMAL SESSION
December 9, 2008
January 5, 2009
G, FORMAL SESSION AGENDA
H. PUBLIC BID OPENING
1. LEASE OF CITY PROPERTY - 3425 Clubhouse Drive
Cell Towers at Bow Creek Neighborhood Park
I. PUBLIC HEARINGS
1. CODE AMENDMENT - Sanitary Sewer Collection Fees
2. SALE OF EXCESS CITY PROPERTY -120 Lavergne Lane
3. FRANCHISE LEASE OF CITY OWED PROPERTY - Open Air Cafe
II Giardino Ristorante - 910 Atlantic Avenue
4. LEASE OF CITY OWNED PROPERTY - 24th and Atlantic Avenue
Virginia Beach Maritime Museum, Inc.
1. PUBLIC COMMENT
1. NORTHAMPTON CORRIDOR STRATEGIC GROWTH AREA: Burton Station
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K.
CITY COUNCIL BRIEFING
1. HEALTH SERVICES ADVISORY BOARD
Infant Mortality in Virginia Beach
Dr. Glen Snyders, Chair,
L. CONSENT AGENDA
M, ORDINANCES/RESOLUTION
1. Ordinance to AMEND City Code Section 28-4 re Sanitary Sewer Collection Fees
2. Ordinance to AUTHORIZE Town Center, Phase IV; TRANSFER airspace over the City's
right-of-way for Market Street; and, Virginia Beach Development Authority (VBDA) to
EXECUTE the documents DISTRICT 4 - BA YSIDE
3. Ordinance to AUTHORIZE the City Manager to execute a five-year (5) lease of City-
owned property with The VIRGINIA BEACH MARITIME MUSEUM, INC. (Old
Coast Guard Station at 24th and Atlantic Avenue) DISTRICT 6 - BEACH
4. Ordinance to DECLARE EXCESS property at 120 Lavergne Lane and AUTHORIZE its
sale to Robert and Juanita Gordon for $9,090
5. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned
property for PATRICIA G. and BARRY D. KOV AL to maintain their existing house,
shed, wooden fence and walkway, at 210 76th Street DISTRICT 6 - BEACH
6. Ordinance to GRANT two temporary Open Air Cafe FRANCHISES at 910 Atlantic
Avenue to THEME RESTAURANTS, INC. t/a II Giardino Restorante DISTRICT 6-
BEACH
7. Ordinances to ACCEPT and APPROPRIATE:
a. $8,139,100 for COPS Interoperable Communications Technology Grant - Phase II
b. $126,539 re Oyster Heritage project to construct Oyster Reefs in the Lynnhaven River
watershed
8. Resolution to EXPRESS support of Autism treatments and therapies in Virginia and
calling upon Virginia Legislators to mandate insurance coverage for this disorder
N. PLANNING
1. Application of HOWARD R. TABOR for a Modification of Condition No 3 and ADD
others (approved by Council on May 25, 1999) re the addition of an LED monument-style
sign at 300 South Rosemont Road, DISTRICT 3 - ROSE HALL
RECOMMENDATION:
APPROVAL
Iii,
i,1
2. Application of O'DOHERTY ENTERPRISES for a Conditional Use Permit re a home
occupation ("car trunks", hope and blanket chest construction) at 345 Jacqueline
Avenue. DISTRICT 4 - BA YSIDE
RECOMMENDATION:
APPROV AL
3. Application ofFRANKEE LOVE for a Conditional Use Permit re a Wedding Chapel in
a retail center at 2973 Shore Drive. DISTRICT 5 - L YNNHA VEN
RECOMMENDA nON:
APPROVAL
O. APPOINTMENTS
BEACHES AND WATERWAYS COMMISSION
COMMUNITY SERVICES BOARD
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA)
TIDEWATER REGIONAL GROUP HOME COMMISSION
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
P. UNFINISHED BUSINESS
Q, NEW BUSINESS
1. ABSTRACT OF VOTES - Special Election - Member, House of Delegates, January 6, 2009
R. ADJOURNMENT
**********************************
PUBLIC COMMENTS
Non-Agenda Items
**********************************
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Effective January 1, 2009:
Virginia Beach City Council will hold
Informal and Formal Sessions
on the Second and Fourth Tuesdays of each month.
Workshops will be scheduled
for the First and Third Tuesdays of each month
per action taken November 18, 2008.
HOWEVER, THE MEETING OF FEBRUARY 10, 2009
WILL BE HELD FEBRUARY 3, 2009, TO ALLOW
CITY COUNCIL'S MID-YEAR RETREA T
*******************
CITY COUNCIL DISCUSSION - BUDGET PROCESS
JANUARY 20TH 12:00 - 5:00 pm
ECONOMIC DEVELOPMENT CONFERENCE ROOM
******************
CITY COUNCIL MID-YEAR RETREAT
FEBRUARY 9TH AND 10TH 8:30 - 5:00 PM
ECONOMIC DEVELOPMENT CONFERENCE ROOM
********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
***********
Agenda 1/ 13/09st
www.vbgov.col11
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MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 13, 2009
Mayor William D. Sessoms, Jr" called to order the CITY MANAGER'S BRIEFING PERMITS AND
INSPECTIONS LEGACY SYSTEM MIGRATION in the City Council Conference Room, Tuesday,
January 13, 2009, at 2:00 P.M
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor
William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 13, 2009
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CITY COUNCIL BRIEFING
PERMITS and INSPECTIONS LEGACY SYSTEM MIGRATION
2:00 P.M.
ITEM # 58396
Jack Whitney, Director - Planning, advised this Briefing is an update for City Council on an
automotive, permit processing system that will be replaced with a much more improved system, both cost
effective and customer friendly. The Staff is not asking for "new" money. Gwen Cowart, Director -
ComIT and Cheri B, Hainer, Permits and Inspection Administrator will provide detailed information.
Mr. Whitney expressed appreciation to Dave Hansen, Deputy City Manager for his steadfast support,
Cheri B. Hainer advised the Background of the Legacy System Migration:
. The Permits and Inspections Division of the Planning Department currently relies upon a
legacy mainframe application to conduct its business.
. This application cannot meet the current and future business needs of the Planning
Department
. Replacement of this system is a high priority of the City's modernization initiative
. Currently customers must go to the Permits and Inspections office and apply for a permit or
certain permit application types and associated fees are allowed to be mailed to the office
. In FY 2002, CIP 3.207 was established, based upon preliminary funding estimates, to secure a
permitting system capable of providing for web-based permit application and payment
processing
. In 2004, system enhancements were put in place to provide for "read only" access through the
mainframe to browse the permit system by permit number, GPIN number, DSC number,
contractor and stop work orders
. Interactive Voice Response (IVR) made available; the inspectors input inspection results by
telephone allowing real time releases of completed projects. In addition, the IVR allows
customers to schedule and recover inspection results "24/7" by telephone, a precursor to web
interaction.
Key Migration Process Milestones
. Enterprise System Analysis Completed 2007
. Implementation costs prompted review of alternative systems - all current City Business
Partners
. Procurement Process 2008
. FunctionaVTechnical requirements assessment
. Vendor/Product Demonstrations
. Best andfinal offer negotiations, includes vendor cost analysis
. Implementation cost estimates - budget comparison
January 13, 2009
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CITY COUNCIL BRIEFING
PERMITS and INSPECTIONS LEGACY SYSTEM MIGRATION
ITEM # 58396 (Continued)
New Business Capabilities
. More information included on permit -less paper
. Customers have on-line access to apply for and obtain permits, schedule inspections and check
results, pay fees, submit plans and/or field changes, send official correspondence bye-mail
. Expandable function capabilities
. Code Enforcement / Housing and Neighborhood Preservation (HNP)
. Fire Marshall's Office
. Current Planning / Zoning applications
. Development Services Center (DSC) / Geospatial Information Services (GIS)
applications
. Easy conversion from phones to laptops for inspectors
. Overall streamlining of business processes
. Achievement of a high level of system integration
. Improved data access for query and reporting purposes
. Improved analytical capability for decision support
. Improved controls and security features
. Improved system maintainability
Gwen Cowart, Director - ComIT, discussed the proposedfunding
Proposed Funding
. CIP 3.207 has appropriations of $1,000,000 to date. The total system cost is $2,084,547.
(Funding shortfall of $927,984)
. Funding has been identified from other CIPs to bridge this funding gap.
. A portion of the funding ($122,984) initially identified for project management and
business analysis in CIP 3.084 Digital Submission of Construction Plans will not be
needed, as this work will be performed by City employees.
. CIP 3.051 ($325,000) will be cancelled. This project provided for acquisition of a 311
customer reporting system in anticipation of 311 's internal expansion beyond a single
city division. This growth has not occurred, and therefore a system is not currently a
high priority.
. By leveraging technology investmentsfunded within the Mobile Data Terminal CIP
and the Automatic Vehicle Location CIP, there are savings in the funding required to
implement CIP 3.043 In-Vehicle Mapping in the amount of $480, 000.
Alternative
. Continue to operate with the mainframe legacy application.
. This would result in no on-line permit application capabilities and significantly
constrain the ability of the Planning Department to meet the needs of its customers.
Without the proposed replacement, service delivery by Permits and Inspections will be
negatively impacted.
. System does not meet current needs
. System is not adaptable to meetfuture needs
. System operates on older, technology platform
. Limited resources with ability to support older, custom code
. Critical functionality is lacking for key areas
. Labor intensive processes, lack of electronic workflow
January 13, 2009
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CITY COUNCIL BRIEFING
PERMITS and INSPECTIONS LEGACY SYSTEM MIGRATION
ITEM # 58396 (Continued)
Recommendation
. Move forward with the Permits and Inspections modernization project
. It is recommended that funds be transferred from the following Capital Improvement Projects
to CIP 3.207:
. $122,984 from CIP 3.084 Digital Submission of Construction Plans
. $325,000 from CIP 3.051 311/Customer Relationship Reporting
. $480,000 from CIP 3.043 In Vehicle Mapping
Next Steps
. Obtain City Council approval to move the project forward
. Present business needs to City Council- January 13th, 2009
. Transfer offunds ordinance to City Council- January 21h, 2009
. Best and Final Offers extended until January 31,2009
. Release of the Intent to A ward contract
. Implementation
Cheri Hainer advised Credit cards and e-checking will be accepted. Electronic planning review will also
be offered. Staff changes are not anticipated. An annual summary concerning successes as well as
"glitches" will be presented.
January 13, 2009
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CITY COUNCIL BRIEFING
FY 2010 BUDGET - COST COMPARISONS - OTHER CITIES
(BACKGROUND, INFORMATION ON REVENUES AND COSTS)
2:24 P.M.
ITEM # 58397
The City Manager summarized FY 2010 Budget Preparation:
~ Today - Regional Comparison Briefing
~ January 20th - Workshop with Lyle Sumek on City Programs
~ January 27th - Revenue Projection Update and Discussion of Balancing Options
~ February 9th and 10th - Workshops to Review the Departmental Rankings
~ March 24th - City Managers Presentation of Budget and CIP to City Council
~ City Council Workshops -April 7th, 14th, 21st, and May 5th
~ Public Meetings - April 16th and 28th
~ May 5th - Budget Reconciliation Workshop
~ May 12th - FY 2010 Budget Adoption
On the fourth City Council Session of each month, updated Revenue Projections shall be provided.
Patricia Phillips, Director of Finance, will be attending January 27, 2008, with Catheryn Whitesell,
Director of Management Services, advising the Revenue for this current year.
David A. Bradley, Resources and Management Services Administrator, advised Catheryn has dedicated
much effort towards the presentation of this information, Unfortunately, due to illness, she was unable to
attend today. Mr, Bradley referenced a source document from the Auditor of Public Accounts which
provides standard information between localities, Mr, Bradley referenced the Appendix: Comparison of
Virginia Beach to Other Regional Cities "Comparison of Selected Demographic and Socio-Economic
Characteristics for 2007". This was distributed as valuable information for review during the budget
process,
Comparison of Virginia Beach to Other Regional Cities
Expenditures By Category
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
IJ Community Development
. Parks, Recreation, and
Cultura I
o Education
. Health and Welfare
o Public Works
~~ ~e
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o Public Safety and Judicial
Administration
. General Government
Administration
$1,314,726,319 $692,806,370 $812,986,179 $337,874,289 $471,046,367 $617,364,623
Virginia Beach Chesapeake Norfolk Portsmouth Hampton Newport News
Source: 2007 Comparative Report of Local Government Revenues and Expenditures
Virginia Auditor of Public Accounts
Education is the major expense of the six (6) municipalities public safety being the second.
January 13, 2009
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CITY COUNCIL BRIEFING
FY 2010 BUDGET - COST COMPARISONS - OTHER CITIES
(BACKGROUND, INFORMATION ON REVENUES AND COSTS)
ITEM # 58397 (Continued)
Local Revenue By Type
100%
o Service Charges, Fees, Fines,
and Interest
. All other Taxes
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
EI Personal and Business
Property Taxes
. BPOL
o Meals Tax
o Consumer Utility Taxes
. Local Sales and Use Tax
~
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.~
4.~O;
~~ $
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<10
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o Real Estate
~e
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Source: 2007 Comparative Report of Local Government Revenues and Expenditures
Virginia Auditor of Public Accounts
Current Selected Local Tax Rates and Fees
Real Estate Tax Rate
Per $100 of Assessed Value
$1.40
$1.20
$1.00
$0.80
$0.60
$0.40
$0.20
$0.00
~
0'b'
<Q
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.~~
~~O)
~0
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~q
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~ F
o~ ~o
~ tp
~o
0(:- "to'"
R~ ~0
~'b-~ 0(:-
"toq
~0
Source: Management Services
Virginia Beach has the lowest real estate tax rate in Hampton Roads.
Ii II
January 13, 2009
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- 7 -
CITY COUNCIL BRIEFING
FY 2010 BUDGET - COST COMPARISONS - OTHER CITIES
(BACKGROUND, INFORMATION ON REVENUES AND COSTS)
ITEM # 58397 (Continued)
Virginia Beach also has the lowest personal property tax rate in Hampton Roads
Personal Property Tax Rate
Vehicles Only
$6.00
$5.00
$4.00
$3.00
$2.00
$1.00
$0.00
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Source: Management Services
Hotel Tax Rate
9.0%
8.5%
8.0%
7.5%
7.0%
6.5%
6.0%
5.5%
5.0%
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~/-#'
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~'+ F
~~ /
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Source: Management Services
.
Excluding Newport News, which has a rate that is ~% less than the other Cities, all of the area
Cities charge the same hotel tax rate.
January 13, 2009
II
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CITY COUNCIL BRIEFING
FY 2010 BUDGET - COST COMPARISONS - OTHER CITIES
(BACKGROUND, INFORMATION ON REVENUES AND COSTS)
ITEM # 58397 (Continued
Meal Tax Rate
7.0%
6.5%
6.0%
5.5%
5.0%
4.5%
4.0%
3.5%
3.0%
~ #'
0'b' ../lI'b-
<Q ~"(
.~'b- ")
.~~ .;:.0
~~OJ V
~'+ F
~ 0
~O ~l'
qO
O~ .r~
~~ ~
~'b- O~
~.#
Source: Management Services
Virginia Beach and Chesapeake have a lower meal tax rate than the other Cities in Hampton
Roads. Virginia Beach's Automobile License Fee is comparable to other cities.
Automobile License Fee
Vehicles Under 4,000 Pounds
$30.00
$25.00
$20.00
$15.00
$10.00
$5.00
$0.00
CJ'<:-
0'b'
<Q
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CJ"(:'
~'+ 3'<:-
~ 0
~o ~~
qO
O~ .r~
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~'b-~ o~
,:J.q
~0
Source: Management Services
A $1.00 increase in this fee (Automobile License) would equal $362,000.
January 13, 2009
ill
- 9 -
CITY COUNCIL BRIEFING
FY 2010 BUDGET - COST COMPARISONS - OTHER CITIES
(BACKGROUND, INFORMATION ON REVENUES AND COSTS)
ITEM # 58397 (Continued)
The State of Virginia imposes a tax of $0.30 per pack tax in addition to these local rates and the
Governor has proposed increasing the State's rate to $0.60 per pack. If this proposal is adopted, a
$1.21 would be levied in taxe, almost equally distributed between the City and State.
$0.70
$0.60
$0.50
$0.40
$0.30
$0.20
$0.10
$0.00
~
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.~<:'
~~OJ
Cigarette Tax Rate
Per Pack
#
0~
~'l
0~
CJ'<:'
~ ,F
~ 0
~o ~l'
(lo
0<:- ,:J.t?J
~q~ ~0
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-i-'l
~0
Source: Management Services
Water Bill
Assuming 5,000 Gallons Consumed
$36.00
$30.00
$26.00
$20.00
$16.00
$10.00
$6.00
$0.00
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~
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~~
,-0'"
i$'q
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~...
i$'0
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qO
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~..
~..q
...~
v
Source: Virginia Beach Public Utilities Department
Virginia Beach has the lowest water rates in South Hampton Roads.
January 13, 2009
Iii
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CITY COUNCIL BRIEFING
FY 2010 BUDGET - COST COMPARISONS - OTHER CITIES
(BACKGROUND, INFORMATION ON REVENUES AND COSTS)
ITEM # 58397 (Continued)
Monthly Trash Collection Fee
$50.00
$40.00
$30.00
$20.00
$10.00
$0.00
~
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C;
Source: Management Services
'Hampton charges $18.42 for houses that recycle and $43.33 for those that do not
'Newport News charges $16.08 for a 60 gallon container and $20.12 for a 90 gallon
container
· Virginia Beach and Chesapeake fund trash collection through general fund revenues and do
not charge an additional fee for this service.
Comparison of Municipal Taxes
Virginia Newport
Taxes Beach Chesapeake Norfolk Portsmouth Hampton News
Real Estate Tax $2,522.31 $2,97576 $3,145.81 $3,42921 $2,947 42 $3,11747
Personal Property Tax 461.76 509.18 530.40 624.00 530.40 530.40
Electricity Utility Tax 36.00 45.00 45.00 40.80 36.00 36.96
Gas Utility Tax 36.00 22.56 18.00 36.00 28.80 18.12
VA Telecom Tax 70.68 70.68 70.68 70.68 70.68 70.68
Water Utility Tax 36.00 None 67.50 84.00 None None
Restaurant Tax 251.48 251.48 275.43 275.43 275.43 275.43
Admissions Tax 25.69 25.69 25.69 25.69 25.69 19.27
Vehicle License Tax 52.00 46.00 52.00 50.00 56.00 52.00
Storm Water Utility Tax 73.37 82.20 93.96 72.00 55.20 61.20
Residential Refuse Fee None None 271.74 384.00 221.00 235.30
Total Tax Impact $3,565.29 $4,028.55 $4,596.21 $5,091.81 $4,246.62 $4,416.83
Source: Management Services
As Virginia Beach's tax rates andfees, compared to other Hampton Roads communities, have
been reviewed, it is time to examine what this means using some standardized values to
compare the actual (<costs" of taxation.
.
This comparison assumes a home valued at $283,406 which represents the median sale price of
a home in Hampton Roads for the Fourth quarter of 2007.
.
Virginia Beach has the lowest tax cost when using these standardized values.
January 13, 2009
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CITY COUNCIL BRIEFING
FY 2010 BUDGET - COST COMPARISONS - OTHER CITIES
(BACKGROUND, INFORMATION ON REVENUES AND COSTS)
ITEM # 58397 (Continued)
Economic Vitality
Median Household Income and
Per Capita Income
$70,000
Per Capita Income
$60,000
$50,000
$40,000
$30,000
$46,000
$20,000
2003 2004 2006 2006 2007
$40,000
$36,000
Median Household Income
$30,000
$26,000
$20,000
2002 2003 2004 2006 2006
Source Per Capita Income: US Census Bureau Small Area Income and Poverty Estimates
Source Median Household Income: US Department of Commerce Bureau of Economic Analysis
Median household income can be affected by both economic and demographic factors
· In the case of Chesapeake, demographic rather than economic reasons serve as the
explanation for why their median household income is higher compared to Virginia Beach.
· Median household income can be affected by both economic and demographic factors
In the case of Chesapeake, demographic rather than economic reasons serve as the
explanation for why their median household income is higher compared to Virginia Beach.
Chesapeake has a higher percentage of married couple families (and a corresponding higher
percentage of these families in which both parents work) than Virginia Beach.
Married couple families represent the largest subset of total households, and a higher
concentration of these two-income earning families tends to pull up median household
income.
More children, however, often accompany married couple families.
And as result, Virginia Beach has a much higher per capita income.
· The other important item to note is two differentfederal agencies generate these numbers
· Median household income reflects just income, while per capita income reflects income and
benefits, which may also be higher due to military communities
56% Married in Chesapeake 52.2% married in Virginia Beach
Virginia - 49.8% married Federal.
50.8% married in
January 13, 2009
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CITY COUNCIL BRIEFING
FY 2010 BUDGET - COST COMPARISONS - OTHER CITIES
(BACKGROUND, INFORMATION ON REVENUES AND COSTS)
ITEM # 58397 (Continued)
Percent of Commercial Property
2008
30.0%
25.0%
20.0%
15.0%
10.0%
5.0%
0.0%
~
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~o
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Source: Virginia Association of Assessing Officers
Percent of Exempt Property
2008
60.0%
50.0%
40.0%
30.0%
20.0%
10.0%
0,0%
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~~
~'I>~
~"
~flI
o~
~~
~flI
Source: Virginia Association of Assessing Officers
Real Estate taxes are not received on churches, 'post offices, or educational institutions This exempt
property for Virginia Beach also includes Oceana and Fort Story in the aforementioned 11. 6%
(generally includes all the bases).
January 13, 2009
II I,
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- 13 -
CITY COUNCIL BRIEFING
FY 2010 BUDGET - COST COMPARISONS - OTHER CITIES
(BACKGROUND, INFORMATION ON REVENUES AND COSTS)
ITEM # 58397 (Continued)
Unemployment Rate
5.0%
6.0%
5,5%
4,5%
4.0%
3.5%
3,0%
2,5%
2.0%
2003 2004 2005 2006 2007 2008
'2008 data is through October
Source: U.S. Bureau of Labor Statistics - Local Area Unemployment Statistics Database
. The City's unemployment rate has remained the lowest in the Hampton Roads area over the
past five years.
During this five year span, the lowest rate occurred in 2007 at 2. 7%.
· Through October, the annual rate/or 2008/or Virginia Beach is 3.6%.
Taxable Sales
$3,000,000,000
$6,000,000,000
$5,000,000,000
$4,000,000,000
$2,000,000,000
$1,000,000,000
$0
2003
2004
2005
2006
2007
Source: Virginia Department of Taxation
January 13, 2009
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CITY COUNCIL BRIEFING
FY 2010 BUDGET - COST COMPARISONS - OTHER CITIES
(BACKGROUND, INFORMATION ON REVENUES AND COSTS)
ITEM # 58397 (Continued)
Quality Education and Lifelong Learning
Library Expenditures Per Capita
$4S.00
$40.00
$36.00
$30.00
$25.00
$20.00
$15.00
$10.00
$6.00
$0,00
2003 2004 2005 2006 2007
Source: Virginia Auditor of Public Accounts
Consistent with the City's strategy of Quality Education and Lifelong Learning, the City's per
capita expenditure is consistently one of the highest in the region
City Expenditures Per Pupil
56,000
54,600
54,000
53,600
$3,000
52,600
52,000
51,600
2003
2004
2006
2006
2007
Local Contnbutlon as a Percent of Total Expenditures
2003 2004 2005 2006 2007
Chesapeake 42.6% 42.3% 41.0% 42.3% 46.6%
Norfolk 30.2% 31.9% 31.1% 30.0% 26.1%
Portsmouth 24.9% 23.4% 24.7% 28.7% 19.8%
Hampton 31.4% 34.2% 30.1% 3Q.6% 28.9%
Newport News 34.5% 31.1% 20.5% 32.0% 29.9%
Source: Virginia Department of Education Superintendent's Annual Report
January 13, 2009
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CITY COUNCIL BRIEFING
FY 2010 BUDGET - COST COMPARISONS - OTHER CITIES
(BACKGROUND, INFORMATION ON REVENUES AND COSTS)
ITEM # 58397 (Continued)
Safe Community
Expenditures Per Capita
Fire and Rescue
$300.00
$50.00
~Virginia Beach
_Chesapeake
Norfolk
Portsmouth
_Hampton
_ Newport News
$250.00
$200.00
$150.00
$100.00
$0.00
2003 2004 2005 2006 2007
Source: Virginia Auditor of Public Accounts
Virginia Beach has a large number of volunteer rescue squad members, which lowers our per
capita cost
Expenditures Per Capita
Law Enforcement and
Traffic Control
$300.00
~Virginia Beach
_ Chesapeake
Norfolk
Portsmouth
_Hampton
_ Newport News
$260.00
$220.00
$180.00
$140.00
$100.00
2003 2004 2005 2006 2007
Source: Virginia Auditor of Public Accounts
January 13, 2009
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CITY COUNCIL BRIEFING
FY 2010 BUDGET - COST COMPARISONS - OTHER CITIES
(BACKGROUND, INFORMATION ON REVENUES AND COSTS)
ITEM # 58397 (Continued)
3,500.00
3,000.00
2,500.00
2,000.00
1,500.00
1,000.00
500,00
0,00
~
e'li'
<Q
.,,'&>
.,f:'
.S,~<$
Quality Physical Environment
Lane Mile By Type
. Principal Arterial
. Minor Arterial
[J Collector
E!I Local
. Total
*e
e'li'
",q
e'"
v'(li
,,-+- ~~ .,s>~ ~'"
at:: ~o ~q ~e
~ *,'" ~'/ji *'
qO ~<f
~e
Source: Virginia Department of Transportation
$25,000
$20,000
$15,000
$10,000
$5,000
Expenditures Per Lane Mile
~Virginia Beach
_ Chesapeake
Norfolk
Portsmouth
~ Hampton
_Newport News
2003 2004 2005 2006 2007
Sources: Virginia Department of Transportation and Auditor of Public Accounts
David Hansen, Deputy City Manager, believes the "spike" depicted in the chart indicates a "spike" in
Virginia Department of Transportation (VDOT) funding, A maintenance briefing is being prepared.
January 13, 2009
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CITY COUNCIL BRIEFING
FY 2010 BUDGET - COST COMPARISONS - OTHER CITIES
(BACKGROUND, INFORMATION ON REVENUES AND COSTS)
ITEM # 58397 (Continued)
Family and Youth Opportunities
Poverty Rate
20.0%
16.0%
12.0%
8.0%
4.0%
0.0%
~
e'rf.
<Q
'~'b-
.~
~~o;
~e
e'b-
~~
e~
vV::O
~ ~
o~ ~o
~ !:-~
~o
0<:- ;j.f:rI
~~ ~e
~'b-~ o~
~~
~e
Source: Census Bureau's American Community Survey 2007
Virginia Beach had the second lowest poverty rate in the Hampton Roads area in 2007.
Expenditures Per Capita
Public Health
$70.00
$60.00
$50.00
$40.00
$30.00
$20.00
$10.00
$0.00
Portsmouth
--*- Hampton
--..- Newport News
2003
2004
2005
2006
2007
Source: Virginia Auditor of Public Accounts
January 13, 2009
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CITY COUNCIL BRIEFING
FY 2010 BUDGET - COST COMPARISONS - OTHER CITIES
(BACKGROUND, INFORMATION ON REVENUES AND COSTS)
ITEM # 58397 (Continued)
Expenditures Per Capita
Social Services
$400,00
$350,00
$300,00
$250.00
$200.00
$150.00
$100,00
$50.00
~Virglnia Beach
_ Chesapeake
Norfolk
Ports mouth
-*- Ham pton
_ Newport News
2003 2004 2005 2006 2007
Source: Virginia Auditor of Public Accounts
Expenditures Per Capita
Mental Health and Mental Retardation
$200.00
$80.00
~Virginia Beach
- Chesapeake
Norfolk
Ports mouth
-*- Ham pton
_ Newport News
$160.00
$120.00
$40.00
2003 2004 2005 2006 2007
Source: Virginia Auditor of Public Accounts
January J 3, 2009
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CITY COUNCIL BRIEFING
FY 2010 BUDGET - COST COMPARISONS - OTHER CITIES
(BACKGROUND, INFORMATION ON REVENUES AND COSTS)
ITEM # 58397 (Continued)
Cultural and Recreational Opportunities
Expenditures Per Capita
Parks and Recreation
$140.00
$120,00
$100,00
$80.00
$60.00
$40.00
$20.00
$0,00
2003 2004 2005 2006 2007
Source: Virginia Auditor of Public Accounts
Landscape services were not classified in the Auditor of Public Accounts (AP A) report as expenditures in
Parks and Recreation until 2007.
Expenditures Per Capita
Cultural Enrichment
$90,00
$80.00
$70,00
$60,00
$50,00
$40,00
$30,00
$20.00
$10.00
$0.00
~Virginia Beach
-Chesapeake
Norfolk
Ports mouth
-.- Ham pton
-Newport News
2003 2004 2005 2006 2007
Source: Virginia Auditor of Public Accounts
As this graph only depicts until June 30, 2007, with the opening of the Sandler Center in November of
2007, per capita expenditures for cultural enrichment will likely increase
January 13, 2009
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CITY COUNCIL BRIEFING
FY 2010 BUDGET - COST COMPARISONS - OTHER CITIES
(BACKGROUND, INFORMATION ON REVENUES AND COSTS)
ITEM # 58397 (Continued)
Quality Organization
Total Expenditures Per Capita
$3,600,00
$3,400,00
$2,400.00
$2,200.00
$2,000.00
~Virginia Beach
_ Chesapeake
Norfolk
Portsmouth
-lIf-- Ham pton
_ New port New s
$3,200.00
$3,000,00
$2,800,00
$2,600.00
2003 2004 2005 2006 2007
Source: Virginia Auditor of Public Accounts
Per Capita Expenditures as a
Percentage of Personal Income
12.0%
11.0%
10.0%
11.0%
8.0%
7.0%
6.0%
5.0%
~Vlrglnl. Beach
.". Che_pe.ke
Nor1olk
Portsmouth
_Hampton
......-- Newport News
on atmg
Vin!inia Beach Standard & Poor's AAA
Moody's AaI
Chesapeake Standard & Poor's AA
Moody's Aa2
Norfolk Standard & Poor's AA
Moody's Al
Portsmouth Standard & Poor's AA-
Moody's Al
Hampton Standard & Poor's AA
Moody's Aa2
Newport News Standard & Poor's Aa
Moody's Aa2
B dR .
January 13, 2009
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CITY COUNCIL BRIEFING
FY 2010 BUDGET - COST COMPARISONS - OTHER CITIES
(BACKGROUND, INFORMATION ON REVENUES AND COSTS)
ITEM # 58397 (Continued)
Citizen Survey October 2007
· 93.4% are satisfied with City services
95.6% are satisfied with the appearance of the City
· 96% believe Virginia Beach is a good place to live
· 92.8% believe Virginia Beach is a safe place to live
Conclusions
Lowest cost provider in the region
· Low overall tax rates compared to the region
Using standardized values, a family of four has a lower tax burden than the other cities
· Still lag behind other cities in fees and charges for service as proportion of total revenues
The City is not getting a proper comparison re Public Healthfrom the state. Council Lady Henley
believes there is a major discrepancy.
Susan Walston, Deputy City Manager, advised Virginia Beach's poverty rate is low. Consistently City
Council includes a reevaluation of the formula for Virginia Beach in the funding section Legislative
Package, There has not been a change in over a decade re the formula that distributes the Public Health
funds for the localities, The formula needs to be reevaluated.
Mayor and City Council expressed appreciation for this impressive presentation.
January 13, 2009
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CITYCOUNCIL LIAISON REPORTS
2:50 P.M.
ITEM # 58398
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
Council Lady Henley, Liaison - Bikeways and Trails Advisory Committee, advised the Committee met
Monday, January 12, 2009. Last year this Committee underwent an in-depth study of their goals and an
evaluation of their duties. The Committee was most concerned City Council be aware of "connectivity ",
As many trails are being developed around the City, the important aspect is to be assured these trails are
connected. This Committee is aware of the problem faced with the declining road buildingfunds. As open
space is developed, it is important to maintain the secondary system of trails in the forefront. It is
important to gradually connect the system of trails within the city. The Bikeways and Trails Advisory
Committee is interested in Lake Lawson and Lake Smith and the method in which this will be developed
with passive trails essentially over the next year, This area is just outside the Northampton Boulevard
Strategic Growth Area.
ITEM # 58399
OPEN SPACE ADVISORY COMMITTEE
Open Space Program and Funding, Council Lady Henley, Liaison, distributed the report,
Present status of Open Space Program Funding
Twenty-two (22) sites equaling 1,810 acres acquired since 2000 under the Open Space
Program Site Acquisition Capital Improvement Program (CIP).
As of January 9, 2009, there is $6. 12-MILLION of unspent appropriations available
from both CIP 4.004 and CIP 4.070 Open Space Program Site Acquisition accounts-
Phase I and II, considering funds "reserved" for sites are pending acquisition:
$2.31-MILLION of $6. 12-MILLION for Agricultural Reserve Program eligible areas.
The funds "reserved" for acquisition include costs related to acquiring one hundred
fifty-three (153) acres on six (6) sites as well as other expenses related to the Open
Space Program.
Pending sites included:
Marshview Site, Marshview Drive, 82 acres on Lake Rudee
Commonwealth of Virginia Property, 900 Block of General Booth Boulevard, 17.6 acres
Virginia Power right-of-w(lY status
Lake Lawson Phase II (City of Norfolk)
Thalia Creek Greenway parcels status
Thalia Creek Water Access at Virginia Beach Boulevard Status
January 13, 2009
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CITYCOUNCIL LIAISON REPORTS
ITEM # 58400
AGRICULTURAL ADVISORY COMMISSION
Council Lady Henley, Liaison, referenced meeting with the Agricultural Advisory Commission, last
evening, January 12, 2009. David Trimmer, Director of Agriculture, is doing an outstanding job of
promoting agriculture throughout the area.
Council Lady Henley referenced last Summer a Police representative was in attendance during the
Agricultural Advisory Commission meeting. The Police Officer discussed the problem with farm use
vehicles, Certain vehicles for farm producers are legally not licensed, as long as they are utilized for
agriculture within a certain distance of the farm, Unfortunately, non-farmers also tend to violate the
privilege. A "sticker" program has been devised by the Police Department. The Agriculture Department
will administer this program and only give stickers to produce farmers for their trucks, This will enforce
val idity.
The Fire Department also indicated an issue concerning burning, particularly in wheat fields, The Fire
Department is often mistakenly called. A program has been instituted, where a yard sign will be issued
advising a permit has been given for a permitted burn. The Virginia Beach Farm Bureau )'Vill be funding
both of these programs and they will develop the stickers and signs.
Council Lady Henley advised last evening Dr, Peter Schultz, Director - Research Station at Diamond
Springs attended the Commission meeting. The City owns this land and does not seem to appreciate the
valuable research being undertaken. Council Lady Henley urged the City Council members to also attend
this meeting. With the Northampton Corridor Strategic Growth Area, the City should recognize the merit
of this experiment station (99-year lease) by Virginia Tech
ITEM # 58401
VIRGINIA AQUARIUM and MARINE SCIENCE CENTER
Cuuncilman DeSteph, Liaison to the Virginia Aquarium and Marine Science Center, urged City Council
Ml.'mbers view the project. This is an amazing project which should be completed next year,
ITEM # 58402
TECHNOLOGY
Councilman Villanueva, Technology Liaison, distributed his report, which is hereby made a part of the
record.
InSITE - Human Resources/Payroll System - CIP 3.280
The purpose of this project is to consolidate multiple aging Human Resources and Payroll systems into
one centralized, integrated system, streamline business processes, improve reporting and data access
capabilities and meet the demands of the City's changing workforce.
January 13, 2009
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CITYCOUNCIL LIAISON REPORTS
ITEM # 58402 (Continued)
TECHNOLOGY
Present Status
Staff members from the InSITE core team, as well as Payroll and Leave Specialists
from departments across the City, worked tirelessly throughout the holiday period and
successfully converted the City from the mainframe PAYPER Human Resources and
Payroll System to InSITE (the Oracle based Human Resources and Payroll System).
HR/Payroll system went live January 1,2009
First payroll will be January 15, 2009.
Public Utilities GIS Upgrade - CIP 5.118.000 AND 6.046.000 ($513,208)
The Public Utilities GIS Implementation project replaced the existing CADD
(Computer Aided Drafting and Design) system with a Geospatial Informaiton System
(GIS). The upgrade enables Public Utilities to process work orders more efficiently;
track inventory; increase capacity; identify aging infrastructure; easily exchange data
with other systems such as Hansen, and Banner (Public Utilities computer customer
information system) for improved interoperability; and streamline the customer service
process to answer questions more quickly and effectively.
Present Status
The new system is in production
Public Works DEQ Compliance Database ($69,786)
Develop an application that will maintain stringent compliance with the permit
requirements for state and federal regulatory agencies, such as the Virginia
Department of Environmental Quality (DEQ), Virginia Department of Conservation
and Recreation and the United States Army Corps of Engineers. Prior to this project,
there was no automated process within the City to track, identify and monitor varied
permit requirements and regulatory milestones.
Present Status
The analysis, development, training and the move to production are complete
January 13, 2009
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CITY COUNCIL LIAISON REPORTS
ITEM # 58403
HISTORICAL PRESERVATION COMMISSION
Council Members Glenn R. Davis and Rosemary Wilson attended the Historical Preservation
Commission Meeting last week. The Commission is Chaired by C. Mac Rawls and has a very impressive
membership. This Commission is bringing awareness to the Historical properties throughout Virginia
Beach
January 13, 2009
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CITY COUNCIL LIAISON REVIEW
ITEM # 58404
CITY COUNCIL LIAISONS
The Mayor presented the City Council representative agencies and Liaison listing for review:
AD HOC COMMITTEES Council Member/Staff
Advertising Advisory Committee John E. Uhrin
Ron A Villanueva
Bikeways and Trails Advisory Committee Barbara M. Henley
William R. "Bill" DeSteDh
Green Ribbon Committee Barbara M. Henley
James L. Wood
!w.'estment PRrtHeship AdyisfJry CfJmmittee REMOVE Councilman Uhrin advised this
Committee has not met
Joint City/School Modernization Committee Rosemary Wilson
Robert M. Dyer
Ron A. Villanueva
Legislative Coordination Committee Rosemary Wilson
Ron A. Villanueva
Military Economic Development Advisory Committee Vice Mayor Louis R. Jones
John E. Uhrin
Ron A. Villanueva, Alternate
Military Liaison Committee Mayor William D. Sessoms, Jr.
Vice Mayor Louis R. Jones
City Manager James K. Spore
Citv Attornev Leslie L. Lillev
Ocean Land Use Conformity Committee Mayor William D. Sessoms, Jr.
Vice Mayor Louis R. Jones
Rosemarv Wilson
Open Space Advisory Committee Barbara M. Henley
Robert M. Dver
School Site Selection Committee Vice Mayor Louis R. Jones
John E. Uhrin
Share Drit.'e Bavfront Advisory Committee Vice Mayor Louis R. Jones
James L. Wood
TechnoloKY Update Ron A. Villanueva
Water Task Force Committee Mayor William D. Sessoms, Jr.
Vice Mayor Louis R. Jones
City Manager James K Spore
Citv Attornev Leslie L. Lillev
Workforce Housing Committee Robert M. Dyer
Rosemary Wilson
Harry E. Diezel, Alternate
January 13, 2009
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CITY COUNCIL LIAISON REVIEW
ITEM # 58404 (Continued)
BOARDS and COMMISSIONS Council Member/Staff
Agriculture Advisory Commission Barbara M. Henlev
Arts and Humanities Commission Glenn R. Davis
Beaches and Waterways Commission William R. "Bill" DeSteph
Rosemary Wilson
Community Services Board Harry E. Diezel
Historic Preservation Commission Rosemary Wilson
Glenn R. Davis
Human Rights Commission Ron A. Villanueva
Glenn R. Davis
Minority Business Council Ron A. Villanueva
Robert M. Dver
Review and Allocation - Community Organization William R. "Bill" DeSteph
Grant (COG)
Social Services Advisorv Board Harry E. Diezel
Towing Advisory Board Harry E. Diezel
John Uhrin
Virginia Beach Community Development Vice Mayor Louis R. Jones
Corporation William R. "Bill" DeSteph
Virginia Beach Development Authority Vice Mayor Louis R. Jones
Rosemary Wilson
Virginia Beach Health Services Advisory Board Rosemary Wilson
James L. Wood
EXTERNAL AGENCIES Council Member/Staff
Hampton Roads Economic Development Alliance Mayor William D. Sessoms, Jr.
Warren Harris - Director, Economic
Development
Hampton Roads Metropolitan Planning Mayor William D. Sessoms, Jr.
Organization (MPO)
Hampton Roads Military and Federal Facilities Mayor William D. Sessoms, Jr.
Alliance
Hampton Roads Partnership Mavor William D. Sessoms, Jr.
Hampton Roads Planninf! Council Glenn R. Davis
Hampton Roads Planning District Commission Mayor William D. Sessoms, Jr.
(HRPDC) Vice Mayor Louis R. Jones
Barbara M. Henley
Harry E. Diezel
Robert M. Dyer
John E. Uhrin
City Manaf!er James K. Spore
Southeastern Public Service Authority (SPSA) Michael J. Barrett
John C. Barnes (*to be voted upon in
Formal Session)(Alternate)
Transportation District Commission of Hampton John E. Uhrin
Roads (HRT) James L. Wood
Virginia Aquarium and Marine Science Museum William R. "Bill" DeSteph
Foundation James L. Wood
January 13, 2009
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CITY COUNCIL LIAISON REVIEW
ITEM # 58404 (Continued)
SPECIAL PROJECTS Council Member/Staff
Convention Center Hotel Project Vice Mayor Louis R. Jones, Jr.
John E. Uhrin
Dome Site Project Vice Mayor Louis R. Jones, Jr.
John E. Uhrin
Elizabeth River Project - Eastern Branch Harry E. Diezel
Lynnhaven River NOW Project Vice Mayor Louis R. Jones, Jr.
William R. "Bill" DeSteph
Pembroke SGA Project Vice Mayor Louis R. Jones, Jr.
James L. Wood
Princess Anne/Witchduck/Kempsville Roads Harry E. Diezel
Intersection Project Robert M. Dyer
Rudee Loop Project Vice Mayor Louis R. Jones
John E. Uhrin
Southeastern Parkway/Greenbelt Project Vice Mayor Louis R. Jones
Barbara M. Henley
Town Center Project Vice Mayor Louis R. Jones
James L. Wood
January 13, 2009
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CITY COUNCIL COMMENTS
2:55 P.M.
ITEM # 58405
Council Members Dyer and Villanueva hosted a Town Hall meeting, on Wednesday, January 7, 2009.
concerning the Woods Corner Shopping Center revitalization. The Council Members expressed
appreciation to Dave Hansen, Deputy City Manager. Warren Harris - Director of Economic
Development, Jack Whitney - Director of Planning, Karen Lasley - Zoning Administrator for attending
and responding to citizenry, Councilman Diezel referenced inquiries re the relationship of the light rail
with businesses at Woods Corner. This needs to be addressed. There is a lack of public understanding
in terms ofzoning application.
Councilman Villanueva suggested zoning definitions be placed on the web to educate the citizenry.
especially concerning those zonings which are "by right",
ITEM # 58406
Cuoncilman DeSteph referenced the commissioning of the Aircraft Carrier USS George H W Bush, on
Saturday, January 10, 2009, Naval Air Station Norfolk. Approximately 20,000 guests attended the
commissioning of the nuclear powered carrier, The 41'/ President George HW Bush, his wife Barbara,
43rd President, George W Bush and his wife, Laura, Secretary of State Condoleezza Rice, Defense
Secretary Robert Gates, Vice President Dick Cheney and Virginia Governor Tim Kaine were in
attendance
January 13, 2009
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AGE N DA REV IE W S E S S ION
3:10 P.M.
ITEM # 58407
Council Lady Wilson distributed a Resolution and requested this item be ADDED to the Agenda:
Resolution to SUPPORT State Legislation to prohibit smoking in Restaurants
ITEM # 58408
2. Ordinance to AUTHORIZE Town Center, Phase IV; TRANSFER airspace over
the City's right-of way for Market Street; and, Virginia Beach Development
Authority (VBDA) to EXECUTE the documents DISTI~.!CT 1 EAYS!DE
DISTRICT 5 - LYNNHA VEN
This item will be discussed during the Formal Session, as there are speakers.
ITEM # 58409
BY CONSENSUS, thefollowing items shall compose the CONSENT AGENDA:
M ORDINANCES/RESOLUTION
1. Ordinance to AMEND City Code Section 28-4 re Sanitary Sewer Collection Fees
3. Ordinance to AUTHORIZE the City Manager to execute afive-year (5) lease
of City-owned property with The VIRGINIA BEACH MARITIME
MUSEUM, INC. (Old Coast Guard Station at 24/h and Atlantic Avenue)
DISTRICT 5 -BEACH
4. Ordinance to DECLARE EXCESS property at 120 Lavergne Lane and
AUTHORIZE its sale to Robert and Juanita Gordonfor $9,090
5. Ordinance to AUTHORIZE temporary encroachments into a portion o.fCity-
owned property for PATRICIA G. and BARRY D. KOVAL to maintain their
existing house, shed, woodenfence and walkway, at 210 76/h Street D!STR..!CT
6 BEACH DISTRICT 5 -LYNNHA VEN
6. Ordinance to GRANT two temporary Open Air Cqfe FRANCHISES at 910
Atlantic Avenue to THEME RESTAURANTS, INC. t/a II Giardino
Restorante DISTRICT 6 - BEACH
7. Ordinances to ACCEPT and APPROPRIATE:
a. $8,139,100 for cOPS 1nteroperable Communications Technology Grant-
Phase II
b. $126,539 re Oyster Heritage project to construct Oyster Reefs in the Lynnhaven
River watershed
8, Resolution to EXPRESS support of Autism treatments and therapies in
Virginia and calling upon Virginia Legislators to mandate insurance coverage
for this disorder (recommended by Mayor Sessoms)
January 13, 2009
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AGE N DA REV IE W S E S S ION
ITEM # 58410
BY CONSENSUS, thefollowing items shall compose the PLANNING BY CONSENT AGENDA:
N. PLANNING
1. Application of HOWARD R. TABORfor a Modification of Condition No 3 and
ADD others (approved by Council on May 25, 1999) re the addition of an LED
monument-style sign at 300 South Rosemont Road, DISTRICT 3 - ROSE HALL
2. Application of O'DOHERTY ENTERPRISESfor a Conditional Use Permit re a
home occupation ("car trunks ", hope and blanket chest construction) at 345
Jacqueline Avenue. DISTRICT 4 - BAYSIDE
3, Application of FRANKEE LOVEfor a Conditional Use Permit re a Wedding
Chapel in a retail center at 2973 Shore Drive. DISTRICT 5 - LYNNHA VEN
January 13, 2009
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ITEM # 58411
Mayor William D, Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-3711(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: Boards, Commissions, Committees,
Authorities, Agencies and Appointees
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition, 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: Norfolk Southern Right-of-Way
APZ-1 Properties
Rose Hall Excess Properties
Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council voted to proceed
into CLOSED SESSION at 3:20 P.M.
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R, Jones, Mayor William D, Sessoms, Jr" John E.
Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
(Closed Session: 3:20 P.M. - 5:15 P.M.)
(Break:
3:22 P.M. - 3:27P.M.)
(Dinner:
5: 15 P.M. - 5:43 P.M.)
January 13, 2009
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FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
January 13, 2009
6:00 P.M.
Mayor William D, Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 13, 2009, at 6:00
P,M
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor
William D. Sessoms, Jr" John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
INVOCATION: Reverend E. Ray Cox, Sr,
Pastor, New Hope Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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
rexularly 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
Goodman and Company and is directly and indirectly involved in many of Goodman and Company's
transactions. However, due to the size of Goodman and Company and the volume of transactions it
handles in any given year, Goodman and Company has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge, In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict, If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record.
January 13, 2009
I II I
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- 34 -
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential
Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the
volume of transactions it handles in any given year, Prudential has an interest in numerous matters in
which she is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifYing any matters in which she might have an actual or potential conflict, If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council, Council Lady Wilson regularly makes this disclosure,
Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record
January 13, 2009
Iii
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Item V-CO
PLEDGE OF ALLEGIANCE
ITEM # 58412
After the Invocation by Reverend Cox, Mayor Sessoms introduced Brownies, Juniors, Cadettes and
Senior Girl Scouts representing Troops 699, 79 and 990, all from the West Kempsville Service unit, and
their leaders Laura Parker, Katie Lock, Kathy Bryant, Peggy Weigle, Angie McCoy and representing the
Girls Scout Council of Colonial Coast, Cheryl McGrenra,
The Girl Scouts PRESENTED THE COLORSfor the PLEDGE OF ALLEGIANCE and then lead the
singing of the "STAR SPANGLED BANNER ".
Mrs. Laura Parker, School Teacher and Junior Girl Scout Leader - West Kempsville Service Unit
spunsored the Girl Scouts, There were a total of thirteen (13) Girl Scouts.
Mayor Sessoms presented City Seal pins,
January 13, 2009
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- 36 -
Item V-E.
CERTIFICATION
ITEM # 58413
Upon motion by Council Lady Wilson, seconded by Councilman Dyer, 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: Il-O
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D, Sessoms,
Jr., John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 13, 2009
I ~
: II I
,II I
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM #58411, Page 32, and in accordance with the provisions of The Virginia
Freedom of Information Act, and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOL VED: That the Virginia Beach City Council hereby certifies that,
to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City CounciL
Ith Hodges Fraser, MMC
ity Clerk
January 13, 2009
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Item V-F.]
ITEM # 58414
Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of December 9, 2008.
Voting: 8-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R,
Jones, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Cuuncil Members Voting Nay:
None
Council Members Abstaining:
Glenn R. Davis, William R. "Bill" DeSteph and Mayor William D, Sessoms, Jr,
Cuuncil Members Absent:
None
Mayor William D. Sessoms, Jr., and Councilman Glenn R. Davis ABSTAINED as they were not in
attendance during the City Council Session of December 9, 2008. Their terms had not begun.
Councilman William R. "Bill" DeSteph ABSTAINED, as he was on vacation and not in attendance
during the City Council Session of December 9, 2008.
January 13, 2009
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Item V-F.2
ITEM # 58415
Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED the
MINUTES of the SPECIAL FORMAL SESSION of January 5, 2009.
Voting: 10-0
Council Members Voting Aye:
Glenn R, Davis, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Mayor William D, Sessoms, Jr" John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
William R. "Bill" DeSteph
Council Members Absent:
None
Councilman William R. "Bill" DeSteph ABSTAINED, as he was on vacation and not in attendance
during the City Council Session of January 5, 2008.
January 13, 2009
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Item V-F.3
ADD-ON
ITEM # 58416
Upon motion by Council Lady Wilson, seconded by Vice Mayor Jones, City Council ADDED to the City
Council Consent Agenda as Item M9:
Resolution to SUPPORT State Legislation to prohibit smoking in Restaurants
V oring: Il-O
Council Members Voting Aye:
Glenn R, Davis, William R. "Bill" DeSteph, Harry E. Dieze!, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 13, 2009
1,1 I
II
- 40-
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 58417
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
ADDED:
Resolution to SUPPORT State Legislation to prohibit smoking in Restaurants
January 13, 2009
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Item V-H.l.
PUBLIC BID OPENING
ITEM # 58418
LEASE OF CITY PROPERTY - 3425 Clubhouse Drive
Cell Towers at Bow Creek Neighborhood Park
Mayor Sessoms read into the record:
"Pursuant to Virginia Code Section 15.2-2101, the Chair will now summarize the bids
that have been received for the proposed lease of a portion of the Bow Creek
Neighborhood Park for use as a communications tower site. One bid has been received,
as follows:
Richmond 20MHz, LLC, d.b.a. NTelos, has bid:
Base rent: $15,000 per year
Annual increase: 3%
Additional rent: one-half of all rent received from each co-locator, with a
minimum amount to the City of $9,600 per year per co-locator.
No other bids were received.
There being no further bids, the staff will evaluate the bid that has been received and
report to the City Council.
An ordinance to award the lease will be on the next City Council Agenda - January 27,
2009. "
January 13, 2009
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Item V-Li.
PUBLIC HEARING
ITEM # 58419
Muyor Sessoms DECLARED A PUBLIC HEARING:
CODE AMENDMENT - Sanitary Sewer Collection Fees
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
I I I
January 13, 2009
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Item V-L2.
PUBLIC HEARING
ITEM # 58420
Mayor Sessoms DECLARED A PUBLIC HEARING:
SALE OF EXCESS PROPERTY -120 Lavergne Lane
Thae being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
I II
January 13, 2009
! Ii
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Item V-I.3.
PUBLIC HEARING
ITEM # 58421
Mayor Sessoms DECLARED A PUBLIC HEARING:
FRANCHISE LEASE OF CITY OWED PROPERTY - Open Air Cafe
II Giardino Ristorante - 910 Atlantic Avenue
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
January 13, 2009
nil
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Item V-L4.
PUBLIC HEARING
ITEM # 58422
Mayor Sessoms DECLARED A PUBLIC HEARING:
LEASE OF CITY OWED PROPERTY - 24th and Atlantic Avenue
Virginia Beach Maritime Museum, Inc.
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
I I I
January 13, 2009
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- 46-
Item V-J.1.
PUBLIC COMMENT
ITEM # 58423
Mayor Sessoms INVITED PUBLIC COMMENT:
NORTHAMPTON CORRIDOR STRATEGIC GROWTH AREA: Burton Station
The following registered to speak:
Boh Miller, 5033 Rouse Drive, Phone: 490-9264, represented Virginia Beach Vision, Inc., presented a
letter in SUPPORT, dated January 12, 2009, which is hereby made a part of the record. Virginia Beach
Vision encourages City Council's endorsement of the conceptual plan as presented and recommends the
establishment of an implementation committee, inclusive of private sector representatives, to address
phased implementation and financing options, Virginia Beach Vision suggests the implementation
planning committee consider, among other things, the feasibility and advisability of developing a Tax
Increment Financing (TIF) District to support the public infrastructure development and the potential use
of a Community Development Authority to allow creation of a multi-city TIF District in partnership with
the City of Norfolk
Minister Joyce Keeling Martin, 3632 Pamlico, Norfolk, Virginia, Phone: 724-0711, spoke in SUPPORT,
but requested funding be made available that the residents of Burton Station can have the facilities
needed re inside plumbing, city water connection, sewer, sidewalks, widening of Burton Station Road as
well as other amenities,
Glenda Fuller, 5850 Northampton Boulevard, Phone: 464-0588, in attendance to understand what is
occurring on Northampton Boulevard
Shirlee M Dunbar, 5848 Northampton Boulevard, advised she did not wish to sell her home, as she lives
on Northampton Boulevard.
Helen p, Shropshire, 5908 Tajo Avenue, Phone: 461-3040, President - L. and J Gardens Civic League
(consisting of 127 homes) located on the opposite side of the Burton Station Road. The residents of Land
J Gardens are in support of what is in the best interest of Burton Station Road and be allowed to remain
in their homes, if they wish.
January 13, 2009
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Item V-K.
CITY COUNCIL BRIEFING
ITEM # 58424
INFANT MORTALITY IN VIRGINIA BEACH
Dr. Glen Snyders, Chair - Health Services Advisory Board, presented information re "Saving Babies":
Introduction
Newborn deaths reflect the physical, mental and social health of a community
Education of City Council and Virginia Beach citizens may raise awareness of this problem in
our city
No new funds are being requested
Tax-payer investments in prenatal, delivery and post-natal care for high-risk, uninsured
mothers have been successful
What is Infant Mortality?
Infant mortality refers to the number of infant deaths occurring at 1 yr of age or less.
The infant mortality rate is used to compare infant deaths across geographic areas. (Calculated
as the number of infant deaths per 1,000 live births)
Infant mortality rates are indicative of the health of a community.
The Issue
277 infants died in Virginia Beachfrom 2003-July 2008
Interest state-wide stimulated by Governor Kaine's callfor strategies to reduce Virginia's
infant mortality rate
Inequities exist in Virginia Beach that impact infant death
Interventions are needed to reduce infant death in neighborhoods and among identified
populations with high infant mortality rates
Infant Mortality Rate, Selected South Hampton
Roads Cities, 2003-2007
14 12.73
12.54
tii' 12
..c:
... 9.9
10<
;c 10
qJ 8.03
>
.... 8
-
0
0
0
... 6
10<
qJ
Q.
'-' 4
qJ
~
~ 2
0
Commonwealth Virginia Beach Chesapeake Norfolk City Portsmouth
of Virginia City 5
January 13, 2009
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- 48 -
Item V-X
CITY COUNCIL BRIEFING
ITEM # 58424 (Continued)
INFANT MORTALITY IN VIRGINIA BEACH
From 2003-2007, the infant mortality rate in Virginia Beach was 8.03-about 1.07 times higher than
the statewide rate of 7.46 for the whole time period. The infant mortality rate in Virginia Beach is
lower than that for Chesapeake, Norfolk City, and Portsmouth.
Causes of Infant Death in Virginia Beach
Prematurity related conditions (33%)
Complications of pregnancy, labor and delivery(21%)
Congenital Anomalies (16%)
Sudden Infant Death Syndrome (SIDS) (32% for Infants older than 28 days)
The top cause of infant death overall is conditions relating to prematurity (includes low birth
weight and size, slow fetal growth)
For infants older than 28 days, the top cause of death is SIDS (32. 4%), followed by congenital
anomalies, unknown causes, and infections.
Top Underlying Causes of Infant
Death birth to 28 days of age
Top Underlying Causes of Infant
Death between 28 days and 1 year
of age
Prematurity
related
conditions
33% SIDS
32%
Complications
of pregnancy,
labour and
delivery
21% Congenital Anamolies
11%
Congenital
Anamolies
Other ill-defined and
16% unspecified causes of
mortality
10%
Respiratory
and
cardiovascular
disorders
Infections
specific to the
perinatal
period
11% Infections
8%
5%
Diseases of the digestive
system
7%
0%
10% 20% 30% 40%
0% 10% 20% 30% iJO%
Predictors of Infant Death
A.Medical
Short gestation (27x greater risk)
Lack of prenatal care (3x greater risk)
Low birth weight (39x greater risk)
(Potentially preventable with improvements in pre-pregnancy and prenatal care)
January 13, 2009
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Item V-K
CITY COUNCIL BRIEFING
ITEM # 58424 (Continued)
INFANT MORTALITY IN VIRGINIA BEACH
Predictors of Infant Death
B.Social
Maternal education (less than high school)
Maternal age (teens)
Maternal marital status (unmarried)
Maternal race/ethnicity (black non-hispanic)
ALL of these are predictors of infant death, however, it does not mean that they CA USE infant death.
Babies having these characteristics are more likely to die-but having these characteristics does not
necessarily CA USE infant death. Knowing what these factors are is important to help identify the
characteristics of groups to target for intervention.
Infant Mortality Rate, By Maternal Race,
Virginia Beach, VA, 2003-2007
4-
12.3
12
<il
..::=
t 10
....
J:J
iii
>
.... 8
-
0 6.58 6.2
0
0
~ 6
10<
iii
E:
iii 4
....
rll
"
2
8.02
o
White Non-Hispanic Black Non-Hispanic
Hispanic
Total
10
Source of Care and Payment as a Predictor of Infant Mortality
No infant deaths for mothers receiving Health Department care (delivery funding thru
emergency Medicaid and Virginia Beach maternity program)
Mothers receiving no prenatal care had the highest infant mortality rate (8 x greater than those
receiving care from a private physician)
Mothers paying through Medicaid (excluding health dept.) and private insurance had similar
infant mortality rates
The Health Department was the source of prenatal care for 475 mothers between 2003 and July 2008.
NO infant deaths resultedfor mothers receiving prenatal care through the health department.
Also, those paying through Medicaid and Private insurance saw similar infant mortality rates (7.2 for
Medicaid and 7.4 for Private Insurance). Selfpay had an infant mortality rate of 12.
5.9% of babies had health coverage either through Medicaid or Private health insurance, but received
no care. This group represents 10 infant deaths-about 3.6% of all deaths.
January 13, 2009
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Item V-K.
CITY COUNCIL BRIEFING
ITEM # 58424 (Continued)
INFANT MORTALITY IN VIRGINIA BEACH
Income and Infant Mortality
1-5
. 6 ~ 9
Median Income 1999
(dollars)
_ 27.222.3M91
35.992.45.000
! 45.001 .56.382
56.363.67.904
67.905 -77 ,312
.. n.313 .123.044
Singleton lnhnt Mort~litv Rate
. 10.12
. 13-15
. HI-21
This map shows the relationship between income and infant mortality in Virginia Beach by Census
Tract.
Red/Orange areas indicate lower Median Incomes while the Green areas have higher median incomes.
The purple dots represent infant mortality-the larger the dot the higher the infant mortality rate for
the Census Tract.
Savings Babies- Virginia Beach
Current Initiatives
Free monthly parenting classes
Saving Babies Summit (April 2008}-f/u on August 1
Sentara partnership to ensure uninsured mothers referred to VBDPHfor prenatal care
Virginia Beach/VBDPH maternity program for delivery of uninsured
Programs to supply eligible expectant families with cribs and "onesies" (labelled with "back to
sleep" logo) to potentially reduce SIDS deaths
Fetal Infant Mortality Review Committee-FIMR
January 13, 2009
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Item V-K.
ITEM # 58424 (Continued)
CITY COUNCIL BRIEFING
INFANT MORTALITY IN VIRGINIA BEACH
The Virginia Beach Department of Public Health has several ongoing initiatives to help address the
infant mortality in Virginia Beach.
Free, monthly class for parents and infant care providers in Virginia Beach entitled "The
Happiest Baby on the Block" This program is based on the curriculum of nationally known
Pediatrician, Dr. Harvey Karp, and is taught by a certified instructor. The classes teach
parents how to sooth their crying infants, deep calming and prolonged sleep. This, in turn,
decreases parent stress and can avoid things such as shaken baby syndrome which can result
in infant deaths. The instructor also reviews appropriate sleeping in order to avoid SIDS and
positional asphyxiation, which are the 2 leading causes of infant death in Virginia Beach. An
indication of how successful this program has been is that a father who took the class was able
to use the techniques he learned, in his job as a Virginia Beach Police Officer. He was
responding to a domestic dispute call and arrived at a home where both parents were yelling
and the baby was crying in the crib. The officer walked to the crib and picked the baby up in a
side position and was able to quiet the child (2 of the techniques taught). The baby immediately
stopped crying and even the parents stopped yelling at one another.
On April 25, 2008, The Virginia Beach Department of Public Health (VBDPH), along with 3
other Health Districts, organized and hosted "The Eastern Region Saving Babies Summit",
Over 200 participants, which included Governor Tim Kaine, Senator Yvonne Miller, The
Honorable Bobby Scott, The Commissioner of Health Dr. Karen Remley, and other
distinguished guests. Topics included SIDS, Minority Health Issues related to Infant Deaths,
Genetics and Prematurity, and Women's Health Issues. A Call to Action was made to each
community in attendance, for strategies and actions and afollow-up luncheon meeting was
heldfor the stakeholders on August 1,2008.
. Partnership with Sentara Virginia Beach General Hospital to ensure uninsured maternity
patients that come to the Emergency Room and have had no prenatal care are referred to the
Virginia Beach Department of Public Health (VBDPH) for follow-up care and application for
Emergency Medicaid. The Virginia Beach Department of Public Health (VBDPH) participates
in the Virginia Beach General OB Safety Committee.
Hampton Roads Rotary Club Grantfor cribs and an additional Wal-Mart Grant to support the
crib program
VBDPH "Sleep Safe Babies" Crib Program which provides at riskfamilies, who reside in
Virginia Beach, with Pack'N Play portable baby cribs, who would not otherwise be able to
afford them. By providing the cribs to these needy families, the risk of putting a baby at risk in
a co-bedding or unsafe sleep situation is reduced significantly
Infant "Onesies" have been distributed to expectant and new parents throughout Virginia
Beach with the safe sleep logo imprinted on it that states "Back to Sleep", as a reminder to
parents to place their infants on their backs to sleep.
First Fetal Infant Mortality Review (FIMR) Committee established in Virginia Beach which
consists of community and medical leaders reviewing all infant deaths in Virginia Beach and
making recommendations for changes that will impact infant deaths to a Community Action
Team
Equipmentfor free Infant Play Groups held at The VBDPH. This program is conducted by a
City Volunteer and teaches parents how to appropriately play and interact with their infant. In
this environment "teachable moments" are utilized to teach and reinforce concepts such as
"back to sleep", "safe sleep", SIDS, and other important safety issues for parents and their
infants. Once again promoting baby safety.
City-wide distribution of magnets with signs of pre-term labor both in English and Spanish
January 13, 2009
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Item V-K.
CITY COUNCIL BRIEFING
ITEM # 58424 (Continued)
INFANT MORTALITY IN VIRGINIA BEACH
Fetal Infant Mortality Review
Committee composed of private and public health-related professionals from Virginia Beach
Quarterly meetings to discuss medical, social, educational, economic factors in infant deaths
occurring in Virginia Beach
State funded thru Virginia Department of Health (VDH) under auspices of Eastern Virginia
Perinatal Council
Goal: recommend interventions and strategies to prevent infant deaths in Virginia Beach
SUMMARY
277 infant deaths between 2003 and July 2008
Health inequities exist related to Infant Mortality in Virginia Beach.
- Geography: Pockets of high infant mortality
- Race/ethnicity: ". infant mortality rate for Blacks
- Prenatal care: Inadequate prenatal care increases risk of infant death as a result of low
birth weight and prematurity
- Maternal education: less than 12th grade education increases infant mortality
· Infant death does not occur equally across Virginia Beach.
. 277 Infant Deaths occurred between 2003 and July 2008. This represents an infant mortality
rate of 7. 7 per 1,000 live births.
Infant deaths do not occur equally across all races. The infant mortality rate for Black Non-
Hispanics of white non-hispanics.
Prenatal care, along with birth weight, is a very strong predictor of infant mortality.
Suggestions for Improving Infant Mortality in Virginia Beach
Look for ways to improve health for all
Insure access to prenatal care-identifY gaps
Partner with public and private health groups to decrease rates of high blood pressure, obesity,
and smoking
Promote educational alternatives to prevent high school dropout
Address areas of poverty through planning, zoning and transportation
Dr. Glen Snyders hoped to return to providefurther suggestions after meeting with the Fetal Infant
Mortality Committee for approximately two (2) years.
January 13, 2009
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Item V-M
ORDINANCES/RESOLUTIONS
ITEM # 58425
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in
ONE MOTION Items 1, 3,4, 5, 6, 7a/b, 8, and 9 (ADDED) of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr" John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Councilman DeSteph and Councilman Diezel will vote a VERBAL NAY on Item 9 (ADDED)
SUPPORT State Legislation to prohibit smoking in Restaurants.
January 13, 2009
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Item V-M.l.
ORDINANCES/RESOLUTION
ITEM # 58426
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AMEND City Code Section 28-4 re Sanitary Sewer Collection Fees
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D,
Sessoms, Jr., John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 13, 2009
I I
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1 AN ORDINANCE TO AMEND CITY CODE
2 SECTION 28-4, PERTAINING TO SANITARY
3 SEWER COLLECTION FEES
4
5 Section Amended: City Code Section 28-4
6
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Section 28-4 of the City Code is hereby amended and reordained to read as
12 follows:
13
14 Sec. 28-4. Sanitary sewer connection fees, generally.
15
16 (a) The fees prescribed by the following subsections of this section shall be paid
17 as the property owner's share of the cost of the sanitary sewer collection system and
18 associated conveyance facilities. Such fees shall be known as "sanitary sewer
19 connection fees." The fees shall be determined on the basis of the drainage fixture unit
20 schedule as provided in the Uniform Statewide Building Code, as amended from time to
21 time. Such fees shall also be applicable to a use or structure presently connected to the
22 sanitary sewer system whenever such use of structure is expanded, changed or
23 modified so as to result in an increase in drainage fixture units, and to a use or structure
24 not presently connected to the sanitary sewer system when such use or structure
25 connects. If a property owner has previously paid sanitary sewer impact fees but has
26 not obtained a building permit, the property owner shall be charged the full amount of
27 applicable sanitary sewer connection fees, less a credit of any sanitary sewer impact
28 fees previously paid.
29
30 (b) Where connection is made to the public sewer system, connection fees shall
31 be fifty nine dollars ($59.00) per drainage fixture unit, as defined in the current edition of
32 the Uniform Statewide Building Code or, where gravity sewer service is not available to
33 the property, twenty-eight dollars ($28.00) per drainage fixture unit.
34
35 (b1) Notwithstanding the provisions of subsection (b) hereof, where a use or
36 structure connected to the sanitary sewer system is expanded or modified so as to
37 result in an increase in drainage fixture units, and such addition or modification does not
38 require site plan approval, connection fees shall be thirteen dollars ($13.00) per
39 drainage fixture unit added.
40
41 (c) Where the property owner must construct a sewer or sewers, which are to
42 become a part of the public sewer system, to provide service to a specific parcel or
43 parcels, as shall be shown on the approved construction plans, connection fees shall be
44 thirteen dollars ($13.00) per drainage fixture unit.
I I
45
46 (d) Whenever system installation costs are calculated pursuant to subsection (c)
47 of this section, and the property to be served discharges through a publiclv - owned
48 pump station owned by the city, then, in addition to the fees prescribed in subsection (c)
49 above, there shall also be charged a fee in the sum of seven hundred fifty six dollars
50 ($756,00) from July 1, 2008 to June 30, 2009, and one thousand one hundred eighty
51 seven dollars ($1,187.00) effective July 1, 2009 per gallon per minute/peak flow. "Peak
52 flow" shall be construed to mean the prevailing peak flow standards set forth by the
53 Virginia Department of Environmental Qualitv st:lte he:llth dopartment or the actual
54 peak flow, whichever is greater,
55
56 (e) Special sewer connection fees for seasonally operated campgrounds
57 connected to any main or interceptor are hereby established. Such fees shall be
58 determined as follows:
59
60 (1) For campgrounds operated on a seasonal basis, each campsite or
61 recreational vehicle pad shall be deemed to contain one-half of the
62 number of drainage fixture units contained in a residential bathroom, as
63 established by the current edition of the Uniform Statewide Building
64 Code. For each such drainage fixture unit, the fee shall be fifty-nine
65 dollars ($59.00).
66
67 (2) For campgrounds operated on a year-round basis, each campsite or
68 recreational vehicle pad shall be deemed to contain the number of
69 drainage fixture units contained in a residential bathroom, as established
70 by the current edition of the Uniform Statewide Building Code, For each
71 such drainage fixture unit, the fee shall be fifty-nine dollars ($59.00).
72
73 For these fees to be applicable, the owner must enter into a contract with the city
74 providing that, at such future times as the campground is converted to year-round use,
75 the fees specified in subsections (b) and (c) of this section shall be applicable and that
76 the owner shall pay the difference in such fees at the time of conversion to year-round
77 use.
78
79 (f) No building permit shall be valid and no water or sewer tap shall be installed
80 for any property until the fees provided for in this section have been paid, except as
81 otherwise provided in this article.
82
83 (g) In the case of existing contract agreements between owners and the city
84 regarding fees and waiver of fees, such agreements shall remain in effect.
85
86 Adopted by the City Council of the City of Virginia Beach, Virginia on the 13th day
87 of January, 2009.
2
I i III
II I I
- 55 -
Item V-M.2.
ORDINANCES/RESOLUTION
ITEM # 58427
John Wilson, Jr" Chair Elect - Hampton Roads Chamber of Commerce - Virginia Beach Division,
Phone: 664-2575, The Hampton Roads Chamber of Commerce at their January 7, 2009, meeting
unanimously endorsed Phase IV Town Center Development (Public-Private Partnership). The City's
General Fund will actually grow with completion of Phase IV. The public/private investment ratio in the
total Town Center project is nearly 4-1, a very positive investment ratio for the City. The Town Center
is a source of civic pride for the citizens and the business community here in Virginia Beach.
Art DeAngelis, 749 Whistling Swan Drive, Phone: 424-1558, spoke in OPPOSITION. Norfolk is
suffering massive deficits in its pursuit of rapid rail. The voters rejected payingfor a light rail study in
1999, Virginia Beach's economy is extremely bleak.
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinance to AUTHORIZE Town Center, Phase IV; TRANSFER
airspace over the City's right-of way for Market Street; and, Virginia
Beach Development Authority (VBDA) to EXECUTE the documents
DISTPJCT 1 BAYS!DE DISTRICT 5 - LYNNHA VEN
Voting: 8-3
Council Members Voting Aye:
Glenn R, Davis, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor
William D, Sessoms, Jr" John E. Uhrin, Ron A, Villanueva, Rosemary
Wi~onandJamesL. Wood
Council Members Voting Nay:
William R, "Bill" DeSteph, Harry E. Diezel, and Robert M Dyer,
Council Members Absent:
None
January 13, 2009
i II
I I I
11I1
1 ORDINANCE APPROVING DOCUMENTS FOR PHASE
2 IV OF THE TOWN CENTER PROJECT,
3 RECOMMENDING APPROVAL AND EXECUTION BY
4 THE CITY OF VIRGINIA BEACH DEVELOPMENT
5 AUTHORITY OF THE PHASE IV DOCUMENTS,
6 AUTHORIZING THE CITY MANAGER TO EXECUTE AN
7 AGREEMENT SUPPORTING THE AUTHORITY
8 OBLIGATIONS UNDER THE PHASE IV DOCUMENTS
9 AND AUTHORIZING THE TRANSFER OF AIRSPACE
10 OVER THE CITY'S RIGHT OF WAY FOR MARKET
11 STREET AT THE TOWN CENTER PROJECT
12
13 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of
14 Virginia Beach Development Authority (the "Authority"), the City Manager and City
15 staff have engaged in extensive negotiations with representatives of Armada/Hoffler
16 Development Company, L.L.C. and its affiliates, regarding the continued
17 development of the Central Business District Project known as "The Town Center of
18 Virginia Beach" (the "Project");
19
20 WHEREAS, the Project is a development arrangement between the Authority
21 and Town Center Associates, L.L.C. (the "Developer"), for a mixed-use commercial
22 development utilizing the structure of an economic development park in the B-3A
23 Pembroke Central Business Core District, an area of the City that is zoned to
24 optimize development potential for a mixed-use, pedestrian-oriented, urban activity
25 center with mid-to-high-rise structures that contain numerous types of uses,
26 including business, retail, residential, cultural, educational and other public and
27 private uses;
28
29 WHEREAS, on November 23, 1999, the City Council adopted Ordinance No.
30 99-2567B establishing the Central Business District -South Tax Increment Financing
31 Fund (the "TIF Fund");
32
33 WHEREAS, Phases I and II of the Project have been completed and Phase III
34 of the Project is substantially completed;
35
36 WHEREAS, the Developer has worked with the City Manager and City staff
37 and has proposed a comprehensive development plan for Phase IV of the Project;
38
39 WHEREAS, the City Manager and City Attorney, on behalf of the City and the
40 Authority, have pursued the negotiation of a Phase IV Development Agreement and
41 other related Phase IV documents (collectively, the "Phase IV Documents") in
42 substantial conformity with the terms outlined on the Summary of Terms, attached
43 hereto as Exhibit A. A copy of the proposed Phase IV Development Agreement has
44 been previously provided to City Council;
45
iil
'I I
II I
46 WHEREAS, included as one of the Phase IV Documents is a support
47 agreement between the City and the Authority (the "Phase IV Support Agreement")
48 pursuant to which the obligations of the Authority contained in the Phase IV
49 Documents are supported by the City, (a) with the traditional public infrastructure
50 costs of the Project to be funded, in part, through the City's CIP and, in part, through
51 the Authority's Economic Development Investment Program monies and (b) with the
52 other obligations of the Authority structured to be paid, subject to annual
53 appropriation, by (i) the available revenue from the TIF Fund, and (ii) by available
54 revenue generated from the hotel taxes collected in Town Center (excluding those
55 taxes earmarked for the TGIF and TAP funds), and (iii) by annual payments
56 averaging $600,000 per year from the Developer, and (iv) $3,500,000 in cash from
57 the Authority's Economic Development Investment Program monies;
58
59 WHEREAS, included as part of the obligations of the Authority under the
60 Phase IV Documents is the obligation to fund construction of and acquire an
61 enclosed connecting structure between Block 7 and Block 9 of the Project over a
62 portion of the property and right-of-way known as Market Street and owned by the
63 City;
64
65 WHEREAS, the City Council is of the opinion that it is appropriate and not
66 contrary to the rights and interests of the City of Virginia Beach in Market Street to
67 transfer the requested airspace over Market Street to the Authority to accommodate
68 the enclosed connecting structure between the public conference centers on Blocks
69 7 and 9 of the Project;
70
71 WHEREAS, to finance a portion of the obligations of the City associated with
72 Phase IV, the hotel taxes generated within the boundaries of the Town Center
73 Special Service District (excluding those earmarked for the TGIF and TAP funds)
74 shall be allocated to the Central Business District - South TIF (Town Center) Fund,
75 and all such funds collected in FY 2009-2010 from this source shall be transferred to
76 the Central Business District - South TIF (Town Center) Fund;
77
78 WHEREAS the City Council finds that Phase IV of the Project will stimulate
79 the City's economy, increase public revenues, enhance public amenities and further
80 the City's development objectives for the Central Business District and provide
81 necessary components to further the goals contained in the City's Guidelines for
82 Evaluation of Investment Partnerships for Economic Development; and
83
84 WHEREAS, the City Council hereby approves the Phase IV Documents and
85 desires that the Authority approve and execute the Phase IV Documents.
86
87 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
88 OF VIRGINIA BEACH, VIRGINIA;
89
90 1. The City Council approves the execution of the Phase IV Development
91 Agreement, which implements a development arrangement between the City of
I I I
92 Virginia Beach Development Authority (the "Authority") and Town Center Associates,
93 L.L.C. (the "Developer") for the development of Phase IV of the mixed-use
94 commercial development project in the Central Business District utilizing the
95 structure of an economic development park known as the "Town Center of Virginia
96 Beach" (the "Project"), so long as such agreement is consistent with the Summary of
97 Terms attached hereto as Exhibit A, and such other terms, conditions or
98 modifications as may be acceptable to the City Manager and deemed legally
99 sufficient by the City Attorney.
100
101 2. The City Council requests and recommends that the Authority adopt a
102 Resolution consistent with this Ordinance (a) approving the Phase IV Development
103 Agreement and all other documents required to implement the provisions of the
104 Phase IV Development Agreement (collectively, the "Phase IV Documents"), (b)
105 authorizing the execution of Phase IV Documents, and (c) authorizing the City
106 Manager and the City Attorney, on behalf of the Authority, to proceed with the
107 development of any additional Phase IV Documents necessary and appropriate or
108 contemplated by the Phase IV Development Agreement to implement Phase IV of
109 the Project consistent with the terms outlined in the Phase IV Development
110 Agreement.
111
112 3. On behalf of the City of Virginia Beach, the City Manager and the City
113 Attorney are hereby authorized and directed to proceed with the development of any
114 additional Phase IV Documents necessary and appropriate or contemplated by the
115 Phase IV Development Agreement to implement Phase IV of the Project, with the
116 Phase IV Documents to contain such terms as are consistent with the terms outlined
117 in the Phase IV Development Agreement.
118
119 4. The Authority is hereby authorized to utilize $3,500,000 from its
120 Economic Development Investment Program to partially fund the public obligations
121 as set forth in the Phase IV Documents;
122
123 5. The sum of $222,222 will be transferred from the General Fund to the
124 Central Business District -South TIF (Town Center) Fund, and the sum of $277,778
125 will be transferred from the Major Project Special Revenue Fund to the Central
126 Business District -South TIF (Town Center) Fund. These transfers shall occur in FY
127 2009-10.
128
129 6. The City Manager, or his designee, is authorized to execute and
130 deliver (a) the Support Agreement between the City and the Authority supporting the
131 Authority's obligations contained in the Phase IV Documents and (b) such other
132 Phase IV Documents to which the City is a necessary party to enable the Authority
133 to proceed with its obligations in Phase IV of the Project.
134
135 7. The City Manager is authorized to modify the Phase IV Documents to
136 which the City is a party to the extent such modifications may be technical in nature,
137 provided that after such modifications, the Phase IV Documents shall remain in
, I I I I
138 substantial conformity with the Phase IV Development Agreement and such
139 modifications are in a form deemed legally sufficient and satisfactory by the City
140 Attorney.
141
142 8. That in order to further promote the economic vitality of the City, the
143 City hereby approves the transfer to the Authority of the areas of airspace over
144 Market Street through which the enclosed connecting structure between blocks 7
145 and 9 of the Project shall be constructed in accordance with the Phase IV
146 Documents. The City Manager is authorized to convey fee simple title to such
147 airspace (and any adjacent airspace necessary to construct and maintain such
148 walkway) to the Authority in the manner he deems in the best interest of the City
149 (including, but not limited to reserving any easements he deems necessary) so long
150 as the documents effecting such conveyance are acceptable to the City Manager
151 and in a form deemed legally sufficient and satisfactory by the City Attorney.
152
153 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th
154 day of ,T;:lnlJ~ry ,2009.
APPROVED AS TO CONTENT
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Economic Development
City Attorney
APPROVED AS TO FUNDS APPROVED AS TO CONTENT
AVAilABILITY
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CA 10779
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R-1
January 6, 2009
1:1
"1 I
I I I
TOWN CENTER - PHASE IV
SUMMARY OF TERMS
1. Scope
Block 2 and Block 9 of Town Center. Each block will be developed with a single, multi-
story, mixed-use, structure. The Block 9 development will include a second floor-level
connecting structure spanning Market Street between Blocks 9 and 7 conference centers.
2. Components
A. Block 2
(1) Single, 20-story structure.
(2) Structure components:
. 1st Floor: Lobby area, related building operations/support areas,
and approximately 32,632 s/f of retail space.
. 2nd Floor through 6th Floor: Parking garage containing
approximately 601 parking spaces (5 levels).
. 7th Floor through 19th Floor: Approximately 332,134 s/f of office
space.
. 20th Floor: Building mechanical/service area.
. The improvement on Block 2 will be structurally similar to the
high-rise improvements on Block 4.
B. Block 9
(1) Single, l5-story structure.
(2) Structural components:
. 1 st Floor: Separate lobbies for the hotel, the conference center and
the residential apartments areas and approximately 27,000 s/f of
retail space.
. 2nd Floor: Approximately 11,400 s/fballroom, 6,900 s/fterrace,
pre-function space, meeting rooms, kitchen, storage and related
space (approximately 30,790 total sit). The second floor will
contain an enclosed connecting structure across Market Street and
extending to the conference center in the Westin Hotel.
. 3rd Floor through 10th Floor: Approximately 162 hotel guest
rooms (and related space) and approximately 120 rental apartment
units (and related space).
:ii
I I I
.
11 th Floor through 15th Floor: Approximately 75 rental apartment
units (and related space).
The Block 9 structure will not include a parking garage.
.
C. Phase IV Public Infrastructure
(1) Streetscapes on each block consistent with the existing streetscapes for
Town Center blocks.
(2) Traffic signals.
(3) Re-locate utilities.
3. Maior Developer Oblie:ations
A. Block 2
(1) Fulfill obligations under the existing Exchange Agreement among
Developer, VBDA, and Commonwealth Building Company, the owner of
Beacon property.
(2) Acquire Block 2 land, either as part of the Exchange transaction, or from
VBDA under the existing land option facility between VBDA and
Developer.
(3) Construct all Block 2 improvements.
(4) Convey to VBDA the Parking Garage condominium unit.
(5) Lease to VBDA two floors of the Block 2 office tower.
B. Block 9
(1) Acquire Block 9 land from VBDA under the existing land option facility
at VBDA's acquisition cost, plus its cost of holding the Block 9 land.
(2) Construct all Block 9 improvements.
(3) Convey to VBDA the condominium unit comprised of the conference
center related space (including the area within the connecting structure).
C. Payment. Required annual payments for twenty years as follows:
(1) $80,000 per year from parking leases in Block 2
(2) $450,000 per year in fees for use ofthe Conference Center in Block 9
(3) $1,400,000 over twenty years in profit sharing from the Conference
Centers in Blocks 7 & 9.
I I
The $80,0000 and $450,000 shall be secured obligations ofthe Block 2 Office
Unit and Block 9 Hotel Unit owed to the respective Authority Facilities as set
forth in the relevant condominium declarations of the Block 2 and Block 9.
4. Maior VBDA/Citv Oblbmtions
A. Block 2
(1) Acquire the Parking Garage condominium unit. VBDA's ownership of
this unit also will include its respective proportionate ownership rights in
the Block 2 condominium's common areas and elements, including the
Block 2 land.
(2) Cause Block 2 public infrastructure to be constructed at an estimated cost
of$8l4,000.
(3) Lease two floors in the office tower consisting of approximately 50,852
s/f (depending on the floors) upon terms and conditions similar to those of
the lease for space in Block 4.
(4) The estimated amount of public investment in Block 2 is $36.3 million
plus the public infrastructure costs.
B. Block 9
(1) Acquire the condominium unit comprised of the conference center and
related space, including the area within the connecting structure. VBDA's
ownership of that unit also will include its proportionate ownership rights
in the Block 9 condominium's common areas and elements, including the
Block 9 land.
(2) Cause Block 9 public infrastructure to be constructed at an estimated cost
of $686,000.
(3) The estimated amount of public investment in Block 9 is $18.6 million
plus the public infrastructure costs.
END
I I I
- 56 -
Item V-M.3.
ORDINANCES/RESOLUTION
ITEM # 58428
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AUTHORIZE the City Manager to execute afive-year (5)
lease of City-owned property with The VIRGINIA BEACH MARITIME
MUSEUM, INC. (Old Coast Guard Station at 24th and Atlantic Avenue)
DISTRICT 5 -BEACH
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R, Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D.
Sessoms, Jr" John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 13, 2009
I I I
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
2 EXECUTE A LEASE FOR FIVE YEARS WITH THE
3 VIRGINIA BEACH MARITIME MUSEUM, INC., FOR .275
4 ACRE OF CITY OWNED LAND LOCATED AT 24TH
5 STREET AND ATLANTIC AVENUE, TOGETHER WITH
6 THE BUILDING COMMONLY KNOWN AS THE "OLD
7 COAST GUARD BUILDING"
8
9 WHEREAS, the City of Virginia Beach ("City") is the owner of that certain parcel
10 of land formerly known as 24th Street, located between Atlantic Avenue and Atlantic
11 Boulevard, which was closed and conveyed to the City of Virginia Beach by Ordinance
12 dated May 14, 1978, and recorded in the Clerk's Office of the Circuit Court of Virginia
13 Beach, in Deed Book 2001, at Page 267 ("Premises");
14
15 WHEREAS, the Old Coast Guard Station ("Facility") was purchased by the City,
16 from L. Charles Burledge, on or about March 23, 1979 and was moved onto the
17 Premises;
18
19 WHEREAS, the Virginia Beach Maritime Museum, Inc. ("Maritime Museum") was
20 founded in 1981 as a non-profit organization, and immediately began utilizing the
21 Premises to operate a maritime museum with gift shop and office space ("Museum");
22
23 WHEREAS, the Maritime Museum has been paying the City one dollar ($1.00)
24 per year in rent and the City has provided the Maritime Museum with utilities,
25 housekeeping and maintenance;
26
27 WHEREAS, in 1998, the City and Maritime Museum entered into a five year
28 lease for the Maritime Museum to operate the Museum;
29
30 WHEREAS, in 2004, the City and Maritime Museum entered into another five
31 year lease for the same purpose;
32
33 WHEREAS, the current lease between the City and Maritime Museum expired on
34 December 31,2008;
35
36 WHEREAS, the Museum is important to the City's museum program and to the
37 preservation of the City's maritime history;
38
39 WHEREAS, profits from sales from the gift shop are utilized for the upkeep of the
40 existing maritime exhibits and for purchase or creation of new exhibits; and
41
42 WHEREAS, the City wishes to entered into a new five year lease with the
43 Maritime Museum.
44
45 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
46 VIRGINIA BEACH, VIRGINIA:
I I I
47
48 That the City Manager is hereby authorized to execute a lease for a term of five
49 years between the Virginia Beach Maritime Museum, Inc., and the City for the Premises
50 and the Facility, in accordance with the Summary of Terms attached hereto, and such
51 other terms, conditions or modifications as may be satisfactory to the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia on the 13th
day of J~nu~ry , 2009.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
r~.~
D partment of Museums
~~cJ-
CA 10955
R-4
January 2, 2009
II I I
SUMMARY OF TERMS
LEASE FOR THE USE OF 12,000 SQUARE FEET
OF CITY REAL PROPERTY AND IMPROVEMENTS THEREON
LESSOR:
City of Virginia Beach
LESSEE:
Virginia Beach Maritime Museum, Inc.
PREMISES:
Approximately 12,000 square feet of City property located on
Atlantic Avenue at 24th Street and known as the Old Coast
Guard Station.
TERM:
January 3, 2009 - January 2, 2014
RENT:
One dollar per year
RIGHTS AND RESPONSIBILITIES OF VIRGINIA BEACH MARITIME
MUSEUM, INC.:
. Will use the Premises for a maritime museum with a gift shop and offices
and no other purpose.
. Will remain open to the general public for at least 120 days and a total of
at least 1,000 hours per year.
. Will erect and maintain a sign, which shall give recognition to the Lessor
as a principal in the ownership and establishment of the Leased Premises.
. Will maintain insurance coverage, in full force, in accordance with City
requirements.
. Will comply with all requirements for maintaining the building's status as a
National Historic Site.
RIGHTS AND RESPONSIBLlTIES OF CITY:
. Will maintain Premises, provide minimal weekly housekeeping services
and pay for all utilities (except telecommunications fees), fuel, and solid
waste collection.
. Will inspect the Premises for compliance with the terms of the lease and
all state, local and federal laws, statutes, ordinances and regulations.
TERMINATION:
. Either party may terminate with 60 days advance notice, for any reason it
considers appropriate, with no further obligations.
l I:
I I I
LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease") is made as of the _ day of
, 2009, by and between the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, ("Lessor") and the VIRGINIA BEACH
MARITIME MUSEUM. INC., a corporation of the Commonwealth of Virginia
("Lessee").
WITNESSETH:
That for and in consideration of the terms, conditions, covenants, promises and
agreements made, Lessor hereby leases and demises unto Lessee, and Lessee hereby
accepts and leases from Lessor the following described property, (the "Leased
Premises"):
All those certain pieces, parcel, or lot of land situate, lying
and being in the City of Virginia Beach, Virginia
containing .275 Acre, more or less land, and being as
shown on that certain plat entitled "PLAT OF PORTION
OF 24TH STREET R/W TO BE VACATED BY THE
CITY OF VIRGINIA BEACH, VIRGINIA," SCALE = 1"
= 30' DATED 7/20/76, prepared by Freeman and Freeman,
Engineers and Surveyors, Virginia Beach, Virginia said
plat being recorded in Deed Book 1917 at Page 525 in the
Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia and a copy of which is attached hereto as
Attachment A, to which reference is made for a particular
description, together with the building commonly known as
the "Old Coast Guard Building" and improvements
thereon.
IT BEING the same property conveyed to the City of
Virginia Beach by discontinuing a portion of 24th Street by
Ordinance dated May 14, 1978 and recorded April 10, 1980
in the aforesaid Clerk's Office in Deed Book 2001 at Page
267 and by quitclaim deed from 1002, Inc. dated May 22,
1979 and recorded in the aforesaid Clerk's Office in Deed
Book 1906 at Page 79 and by quitclaim deed from Oliver
Enterprises dated June 19, 1979 and recorded in the
aforesaid Clerk's Office in Deed Book 1917 at Page 522.
GPIN 2427-19-4622
I I I
1. Term of Lease. The term of this Lease shall be for a period of five (5)
years, commencing on January 3,2009 and ending at midnight on January 2,2014.
2. Rent. The total rent for the term hereof shall be one dollar ($1.00) per
annum, which the Lessee shall pay to the Lessor, in advance, at such address as may be
designated by the Lessor or if none specified, to the address provided for delivering
notices in Paragraph 4 of this Agreement.
3. Use. The Lessee shall use and occupy the Leased Premises as a maritime
museum and for purposes which complement the operation of a museum, including
without limitation maritime exhibits and related special events, receptions and meetings,
operation of a gift shop, and exhibiting furnishings and other items which are intended to
preserve the historic nature of a maritime museum.
The building located on the Leased Premises ("Building") must remain open to
the general public for at least 120 days and a total of at least 1,000 hours per year.
The Lessee shall not use nor permit the Leased Premises to be used for any
purpose other than as stated in this section of the Lease without the Lessor's prior written
consent.
4. Notice. Any notice required or permitted to be given under this Lease
shall be deemed to have been given or served when made in writing and (i) delivered in
person as evidenced by a written receipt or (ii) mailed by certified mail or registered mail,
return receipt requested, to the party who is to receive such notice at the address given
below. When so mailed, the notice shall be deemed to have been given as of the date it
was received, or in the event the intended recipient refuses delivery or fails or neglects to
accept delivery, notice shall be deemed to be accepted on the date delivery was first
2
, I I
ql
attempted or notice of attempted delivery was first serviced by United States Postal
Services. The addresses for notices are as follows:
(A) To the Lessor:
Department of Museums
City of Virginia Beach
717 General Booth Blvd.
Virginia Beach, Virginia 23451
(B) To the Lessee:
Virginia Beach Maritime Museum, Inc.
24th and Atlantic Avenue
Virginia Beach, Virginia 23451
5. Name. The official name of the Lessee's operation shall be approved by
the Lessor, which approval shall not be unreasonably withheld.
6. fugg. The Lessee shall erect a sign, which shall give recognition to the
Lessor as a principal in the ownership and establishment of the Leased Premises. Such
sign shall be constructed and maintained in accordance with applicable state and local
building codes and ordinances.
7. Insurance Obligations. Lessee shall during the term of this Lease secure
and maintain in full force and effect Workers' Compensation Insurance as required under
Virginia code Title 65.2 and Commercial General Liability Insurance in an amount of not
less than $1,000,000 combined single limits (CSL). The Commercial General Liability
Insurance shall name Lessor as an additional insured. Lessee shall, upon request, furnish
to Lessor certificates of all insurances required under this Paragraph. All policies of
insurance required herein shall be written by insurance companies licensed to conduct the
business of insurance in Virginia and acceptable to the City, and shall carry the provision
that the insurance will not be canceled or materially modified without thirty days (30)
prior written notices to the City.
3
I I
; I I
8. Termination. The Lessor or the Lessee may terminate this Lease with
sixty (60) days advance notice, for any reason it considers appropriate, with no further
obligation.
9. Default(s). In the event of any failure of Lessee to timely and fully
comply with any provision or condition of this Lease, Lessee shall be in default. If such
default shall continue for more than forty-five (45) days after written notice thereof shall
have been mailed to Lessee, Lessor shall have all rights and remedies available at law
including, but not limited to, termination of the Lease as of the date of such notice.
10. Hold Harmless/Indemnification. It is understood and agreed that Lessee
hereby assumes the entire responsibility and liability for any and all damages to persons
or property caused by or resulting from or arising out of any act or omission on the part
of Lessee, its subcontractors, agents or employees under or in connection with this Lease
or the performance or failure to perform any work required by this Lease. Lessee agrees
to indemnify and hold harmless the Lessor and its agents, volunteers, servants, employees
and officials from and against any and all claims, losses, or expenses, including
reasonable attorney's fees and litigation expenses suffered by any indemnified party or
entity as the result of claims or suits due to, arising out of or in connection with (a) any
and all such damages, real or alleged, (b) the violation of any law applicable to this
Lease, and (c) the performance ofthe work by Lessee or those for whom Lessee is legally
liable. Upon written demand by the Lessor, Lessee shall assume and defend at Lessee's
sole expense any and all such suits or defense of claims made against the Lessor, its
agents, volunteers, servants, employees or officials.
4
;11 I
11. City/Museum Services and Maintenance.
(A) Lessor shall, at Lessor's cost: (i) maintain Leased Premises in good
condition and repair; (ii) provide payment for all utility costs and fees as pertain to
electricity, heating, fuel, water, sewer and solid waste collection; (iii) provide minimal
weekly housekeeping services; and (iv) approve in advance the acquisition or installation
or any equipment it is expected to maintain. The grounds will be maintained in a manner
consistent with the historical appearance of the Building or representative building of the
same period.
(B) The Lessee shall not perform any repairs upon the premises, unless
minor in nature and approval of the Lessor is first obtained. No changes or additions to
the structure of the Building or its mechanical systems may be made without the approval
of the Lessor. Lessee shall maintain the premises in a neat and orderly condition. Upon
the termination of this Lease, the Lessee shall deliver the Building to the Lessor in
"broom clean" condition, excepting ordinary wear and tear or loss or damages caused by
fire or other casualty. The Lessee shall pay for telecommunications fees and services and
other utilities not listed in subsection (A)(ii) of this section, and shall develop written
security procedures to reasonably protect the Building, against damage, such procedures
subject to approval by the Lessor.
12. Access. Lessor or Lessor's agents, employees and designees shall have
the right to enter the Leased Premises, upon reasonable prior notice, to examine and
inspect the Leased Premises and to determine compliance with the terms of this Lease,
and for any other purpose necessary to facilitate Lessor's proposed use of the Leased
Premises upon termination of this Lease. Entry by Lessor as set forth in this Paragraph
5
I I
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shall be during the hours before ten (10) o'clock a.m. and between the hours of two (2)
and four (4) o'clock p.m., or at a time mutually agreed upon by Lessor and Lessee so as
to minimize disruption to Lessee's business.
13. Fire and Casualty. Except as otherwise provided herein, in the event the
Building or improvements on the Leased Premises or any part thereof are damaged or
destroyed by fire or other casualty, Lessor may elect to terminate this Lease effective as
of the date of the casualty. The Lessor is not obligated to rebuild the Leased Premises in
the event of damage or destruction by fire or casualty.
14. Assignment and Sub-Lease. Lessee shall not sublet or assign this Lease
without first obtaining the written consent of Lessor, which consent may be withheld in
the sole discretion of the Lessor. Any sublease or assignment must obligate the subleasee
or assignee to all of the terms and conditions of this lease.
15. Surrender. Upon the expiration or earlier termination of this Lease, the
Lessee shall have the right to remove its personal property, furniture, fixtures, equipment
and signs, ("Personal Property"). However, Lessee agrees to be responsible for the repair
of any and all damages to the Leased Premises caused by such removal. Any Personal
Property belonging to the Lessee not removed within twenty (20) days following the
expiration of termination of this Lease shall be deemed to be abandoned, and may be
removed and disposed of by Lessor without incurring any liability to Lessee.
16. Severability. Any term of this Lease which is prohibited by or is unlawful
or unenforceable under Virginia law shall be ineffective only to the extent of such
prohibition, without invalidating the remaining terms of this Lease.
6
I I
1:1 I
17.
Required Approvals. All approvals required within the wording of this
Lease must be obtained in writing prior to implementation or acquisition. The contact for
the Lessor for this Lease is the Director, Department of Museums, unless otherwise
stated.
18. Nondiscrimination. Employment discrimination by Lessee shall be
prohibited. During the performance ofthis Lease, Lessee agrees as follows:
1. Lessee will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age, disability, or any
other basis prohibited by state law relating to discrimination in employment, except
where there is a bona fide occupational qualification/consideration reasonably necessary
to the normal operation of Lessee. Lessee agrees to post in conspicuous places, available
to employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
2. Lessee, in all solicitations or advertisements for employees placed
by or on behalf of Lessee, will state that Lesee is an equal opportunity employer.
3. Notices, advertisements and solicitations placed in accordance with
federal law, rule or regulations shall be deemed sufficient for the purpose of meeting the
requirements of this section.
4. Lessee will include the provisions ofthe foregoing Sections 1, 2,
and 3 in every subcontract or purchase order of over $10,000, so that the provisions will
be binding upon each subcontractor or vendor.
19. Environmental Concerns. Lessor hereby warrants to the Lessee, that to
the best of the Lessor's knowledge, without the requirement for independent
7
,I II
investigation, no hazardous material such as petroleum products, asbestos and any other
hazardous or toxic substance has been used, disposed of, or is located in either the
building located on the Leased Premises or that soil or groundwater on or under the
Leased Premises. Any costs associated with violations of the law including, but not
limited to, remediation, clean up costs, fines, administrative or civil penalties or charges
and third party claims imposed on the Lessor by any regulatory agency or by any third
party as a result of the noncompliance with Federal, State or local environmental laws
and regulation or nuisance statutes by the Museum or by its employees, contractors,
consultants, subconsultants, or any other persons, corporations or legal entities retained
by it for the Leased Premises, shall be paid by the Lessee.
20. Covenant Against Liens. If, because of any act or omission of Lessee, or
others claiming by or through the Lessee, any mechanic's or materialman's liens shall be
filed against the Lessor or any portion of the Leased Premises, Lessee shall, at its own
cost and expense, cause the same to be paid, discharged of record or bonded off within
thirty (30) days after written notice from Lessor of the filing thereof. The provisions of
this paragraph shall survive expiration or termination of this Lease.
21. Submission and Disposition of Contractual Claims. Prompt knowledge by
the Lessor of an existing or impending claim for damages or other relief may alter the
plans, scheduling, or other action of the Lessor and/or result in mitigation or elimination
of the effects of the claim. Therefore, a written statement providing the Lessor with
notice of Lessee's intention to file a claim which (i) describes the act or omission by the
Lessor or its agents that the Lessee contends caused it damages or entitles it to other
relief; and (ii) provides a description of the nature and amount of the claim. Such written
8
ql
statement shall be submitted to the Lessor within 20 days of the time of the occurrence or
beginning of the work upon which the claim is based; provided, however, if such damage
is deemed certain in the opinion of the Lessee to result from its acting on an order from
the Lessor, it shall immediately take written exception to the order. For purposes of this
provision, "claim" shall include, without limitation, any request for an increase in the
contract price or time and any request for equitable adjustment. Submission of a notice of
claim as specified shall be mandatory, and failure to submit such notice shall be a
conclusive waiver to such claim for damages or other relief by the Lessee. Neither an oral
notice or statement, nor an untimely notice or statement will be sufficient to satisfy the
requirements herein.
The Lessor will review the claim and render a final decision in writing within
thirty (30) days of receipt of Lessee's written request for a final decision. Such decision
shall be final and binding to the fullest extent allowed by law.
22. Compliance With All Laws/Governing LawN enue.
A. Compliance with All Laws. Lessee shall comply with all federal, state and
local statutes, ordinances, and regulations now in effect or hereafter adopted, in the
performance of scope of work set forth herein. Lessee represents that it possesses all
necessary licenses and permits required to conduct its business and will acquire any
additional licenses and permits necessary for performance of this Lease prior to the
initiation of work.
B. Lease interpreted under laws of Virginia. This Lease shall be deemed to be
a Virginia lease and shall be governed as to all matters whether of validity,
interpretations, obligations, performance or otherwise exclusively by the laws of the
9
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I I I
Commonwealth of Virginia, and all questions ansmg with respect thereto shall be
determined in accordance with such laws. Regardless of where actually delivered and
accepted, this Lease shall be deemed to have been delivered and accepted by the parties
in the Commonwealth of Virginia.
C. Venue. Any and all suits for any claims or for any and every breach or
dispute arising out of this Lease shall be maintained in the appropriate court of competent
jurisdiction in the City of Virginia Beach.
D. The building has been entered in the National Register of Historic Places
smce 1979. Lessee shall comply with all requirements for maintaining the Building's
status as a National Historic Site.
23. Drug Free Workplace. During the performance of this Lease, Lessee
agrees as follows:
1. Lessee will provide a drug-free workplace for Lessee's employees.
2. Lessee will post in conspicuous places, available to employees and
applicants for employment, a statement notifying employees that the unlawful
manufacture, sale, distribution, dispensation, possession, or use of a controlled substance
or marijuana is prohibited in Lessee's workplace and specifying the actions that will be
taken against employees for violations of such prohibition.
3. Lessee will state in all solicitations or advertisements for
employees placed by or on behalf of Lessee that Lessee maintains a drug-free workplace.
4. Lessee will include the provisions ofthe foregoing Sections 1,2,
and 3 in every subcontract or purchase order of over $10,000, so that the provisions will
be binding upon each subcontractor or vendor.
10
I I
11I1
24.
Compliance with Immigration Laws. Lessee does not currently, and shall
not during the performance of this Lease, knowingly employ an unauthorized alien, as
defined in the federal Immigration Reform and Control Act of 1986.
25. Modification. There may be no modification of this Lease, except in
writing, executed by the authorized representatives of the Lessor and Lessee.
26. Waiver. No waiver by Lessor or Lessee at any time, express or implied,
of any breach of any term of this Lease shall be deemed a waiver of a breach of any other
term of this Lease or consent to any subsequent breach of same or ay other term. No
acceptance by Lessor of any partial payment shall constitute an accord or satisfaction but
shall only be deemed a part payment on account. Lessor may accept rent, or other sums
payable or other benefits pursuant to this Lease, and acceptance of same shall not be
deemed to be a waiver of any prior default.
27. Quiet Enioyment. So long as Lessee is not in default beyond any cure
period hereunder, Lessee shall peaceably and quietly hold and enjoy the Leased Premises
for the term hereby demised without hindrance or interruption by Lessor or any other
person or persons claiming by, through or under Lessor.
28. Force Maieure. Neither Lessor nor Lessee shall be liable to the other for
any breach or violation of this Lease resulting from any occurrence or event, including
any act of God, strikes, war, lockouts, labor trouble, insurrection or occurrence beyond
the reasonable control of any party hereto.
29. Entire Agreement/Successors and Assigns. This Lease constitutes the
entire agreement between the parties and shall be binding upon the parties hereto and
11
11I1
their successors and assigns. No oral statement or prior writing shall add to, vary or
modify the terms of this Lease.
30. Paragraph Headings. Headings to the paragraph are illustrative only; they
do not form a part of this Lease nor are they intended to be used construing same.
As evidence of their agreement to the terms and conditions set forth herein, the
parties affix their authorized signatures hereto:
(THIS SP ACE INTENTIONALLY LEFT BLANK)
12
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CITY OF VIRGINIA BEACH, VIRGINIA:
City Manager/Authorized Designee
VIRGINIA BEACH MARITIME MUSEUM, INC.
Signature
Title
STATE OF
CITY/COUNTY OF
, to-wit:
The foregoing instrument was acknowledged before me this day of
, 20_, by (Name of
person acknowledged). He/She is personally known to me or has produced
as proper identification.
Notary Public
My Commission Expires:
My Registration Number:
STATE OF
CITY/COUNTY OF
, to-wit:
The foregoing instrument was acknowledged before me this day of
, 20_, by (Name of
person acknowledged). He/She is personally known to me or has produced
as proper identification.
Notary Public
My Commission Expires:
My Registration Number:
13
Approved as to Content:
Department of Museums
Approved as to Legal Sufficiency:
Office of City Attorney
14
I'll
Approved as to Risk Management:
Risk Manager
,I I I
- 57 -
Item V-M.4.
ORDINANCES/RESOLUTION
ITEM # 58429
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to DECLARE EXCESS property at 120 Lavergne Lane and
A UTHORIZE its sale to Robert and Juanita Gordon for $9,090
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R, Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 13, 2009
I I
1
2 AN ORDINANCE DECLARING THE PROPERTY
3 LOCATED AT 120 LAVERGNE LANE (GPIN
4 2407-64-8791) TO BE IN EXCESS OF THE
5 CITY'S NEEDS AND AUTHORIZING THE CITY
6 MANAGER TO SELL THE PROPERTY TO
7 ROBERT AND JUANITA GORDON
8
9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that
10 certain parcel of land located at 120 Lavergne Lane (the "Property"), more particularly
11 described on Exhibit "A" attached hereto;
12
13 WHEREAS, the City acquired the Property pursuant to the APZ-1
14 Acquisition Program;
15
16 WHEREAS, the City funded the acquisition of the Property through a
1 7 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party
18 contributing fifty percent (50%) of the funds;
19
20 WHEREAS, the Property was vacant when the APZ-1 Ordinance was
21 adopted on December 20, 2005, and the Property can no longer be developed with a
22 residential use;
23
24 WHEREAS, Robert and Juanita Gordon own the adjacent property and
25 they have requested to purchase the Property in order to utilize it in a manner
26 compatible with the APZ-1 Ordinance;
27
28 WHEREAS, Mr. and Mrs. Gordon desire to purchase the Property in
29 accordance with the Summary of Terms attached hereto as Exhibit "B";
30
31 WHEREAS, the City Council is of the opinion that the property is in excess
32 of the needs of the City of Virginia Beach.
33
34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
35 OF VIRGINIA BEACH, VIRGINIA:
36
37 That the Property is hereby declared to be in excess of the needs of the
38 City of Virginia Beach and that the City Manager is hereby authorized to execute any
39 documents necessary to convey the Property to Robert and Juanita Gordon, in
40 accordance with the Summary of Terms attached hereto and such other terms,
41 conditions or modifications deemed necessary and sufficient by the City Manager and in
42 a form deemed satisfactory by the City Attorney.
43
44 Further, that the revenue from the sale of the Property in the amount of
45 $9,090 shall be received and appropriated to the Oceana and ITA Conformity and
46 Acquisition Project (CIP 9-060) and the City Manager shall thereafter refund the
47 Commonwealth's portion of such revenue and allocate the remainder for on-going
48 expenses of the City's BRAC program, but such appropriation shall not increase the
49 City's $7.5 million annual acquisition commitment.
I I I
50
51
52 This ordinance shall be effective from the date of its adoption.
53
54 Adopted by the Council of the City of Virginia Beach, Virginia, on the
55 1 3thday of January ,2009.
56
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CA 10551
1/7/2009
V:\a pplications\citylawprod\cycom32\Wpdocs\D021 \P004\00075183.DOC
APPROVED AS TO CONTENT
APPROVED AS TO CONTENT
~~f'{\f'WhJ))l 1- 1-001
Public Works U
E
APPROVED AS TO LEGAL
SUFFICIENCY
~~~CC-
; I I
EXHIBIT A
GPIN 2407-64-8791 (120 Lavergne Lane):
ALL THAT certain lot, piece or parcel of land, together with the
privileges and appurtenances thereunto belonging, being or near
"Ocean a" in Lynnhaven Borough in the City of Virginia Beach,
Virginia and known, numbered and designated as Lot No. 23, as
shown on a certain plat entitled, "WEST OCEANA GARDENS,
PRINCESS ANNE COUNTY, VIRGINIA", made for C.M. Tynes,
June 1950, by W. B. Gallup, County Surveyor, and duly recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach,
formerly Princess Anne County, Virginia in Map Book 25, at page
83. Reference to which plat is hereby made for a more particular of
description of said lot.
IT BEING the same property conveyed to the City of Virginia
Beach, a municipal corporation, by deed from Jonathan F.
Berryman, dated April 30, 2007, and recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia, as
Instrument Number 20070501000592940.
I I I
EXCESS PROPERTY REPORT
APPLICANT: Robert H. Gordon, Jr. and Juanita M. Gordon
CITY PROPERTY LOCATION: 120 Lavergne Lane - GPIN 2407-64-8791
DATE: January 13, 2009
BACKGROUND:
As part ofthe APZ-l Use and Acquisition Plan adopted December 20,2005, the City of Virginia
Beach acquired the above property from Jonathan E. Berryman. The property has been reviewed
and evaluated by the Disposition Committee and the Oceana Land Use Conformity Committee. The
Disposition Committee is comprised of:
Elizabeth Chupik, Law Department
Brian Solis, Parks & Recreation
Tony Russo, Economic Development
David W. Couch, Economic Development
Stephen White, Planning
Keith Havron, PU/Engineering
Rebecca Mitchell, PU/Engineering
Jeffrey S. Waller, PW/Engineering
Robert K. Gey, PW/Engineering/Traffic Bureau
Barry Shockley, Management Services
Ed James, Planning
Kevin Perry, Police
Donna Brehem, Fire
Marcy Sims, Libraries
Mark Reed, Museums
Rob Clark, PU/Engineering
Bill Johnston, PW/Engineering
Sharon Prescott, HNP
David Ackerman, HNP
Tony Arnold, Schools
The committee's recommendation is to sell the vacant land to the adjoining property owner(s).
Three adjoining property owners have been contacted and only one expressed any interest in
purchasing the property.
MAPS:
Attached
APPLICANT'S
LAST OFFER:
$9,090
CITY'S ESTMA TED
VALUE:
$9,090
SOURCE OF FUNDING: N/A
STAFF LEAD:
Robin A. Brandeburg
I I
I I
LEGAL STAFF:
Elizabeth Chupik
RECOMMENDATION: Recommendation to sell the property known as 120 Lavergne Lane
(GPIN 2407-64-8791) to Mr. and Mrs. Gordon, subject to the following conditions:
. Property is purchased "As Is, Where Is."
. Buyer has been advised of APZ-l restrictions for use.
. Buyer may use the Property for accessory structures, or Buyer may otherwise utilize the
property for construction in conjunction with his adjacent property upon Resubdivision to
remove interior lot lines; however, Buyer may not add any new dwelling units.
. Buyer shall resubdivide the Property at his expense should Buyer desire to construct across
the property line between the Property and Buyer's adjacent property.
. Seller will record deed restrictions permanently preventing new dwelling units prior to or
simultaneous with conveyance.
'~~O~\-LU ~~ 1-1-D9
Originated/Submitted by: PW/Real Est Date
-'}--o i
Date
~1
DATE OF CITY COUNCIL CONSIDERATION:
X:\Projects\CITY PROPERTY\2407-64-8791 (602)\Confidential Property Acquisition Report form l.DOC
III
- 58 -
Item V-M.S.
ORDINANCES/RESOLUTION
ITEM # 58430
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AUTHORIZE temporary encroachments into a portion of
City-owned property for PATRICIA G. and BARRY D. KOVAL to
maintain their existinK house, shed, wooden fence and walkway, at 210
76th Street DfSTI<!CT 6 BE.lCH DISTRICT 5 -LYNNHA VEN
The following conditions shall be required:
1. It is expressly understood and agreed that the Temporary Encroachment will be maintained in
accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in
accordance with the City's specifications and approval.
2. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to
remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event
of an emergency or public necessity and Grantee shall bear all costs and expenses of such
removal,
3. It is further expressly understood and agreed that the Temporary Encroachment herein
authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days
after the notice is given, the Temporary Encroachment must be removed from the Encroachment
Area by the Grantee; and, that the Grantee will bear all costs and expenses of such removal,
4, It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless and
defend the City, its agents and employees, from and against all claims, damages, losses and
expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an
action arising out of the construction, location or existence of the Temporary Encroachment,
5. It is further expressly understood and agreed that nothing herein contained shall be construed to
enlarge the permission and authority to permit the maintenance or construction of any
encroachment other than that specified herein and to the limited extent specified herein, nor to
permit the maintenance and construction of any encroachment by anyone other than the Grantee,
6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary
Encroachment so as not to become unsightly or a hazard.
7. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-
risk property insurance and general liability or such insurance as is deemed necessary by the
City, and all insurance policies must name the City as additional named insured or loss payee, as
applicable. The Grantee also agrees to carry comprehensive general liability insurance in an
amount not less than $500,000,00, combined single limits of such insurance policy or policies,
The Grantee will provide endorsements providing at least thirty (30) days written notice to the
City prior to the cancellation or termination of, or material change to, any of the insurance
policies. The Grantee assumes all responsibilities and liabilities, vested or contingent. with
relation to the construction, location, and/or existence of the Temporary Encroachment.
January 13, 2009
I II
- 59 -
Item V-M.S.
ORDINANCES/RESOLUTION
ITEM # 58430 (Continued)
8. It is further expressly understood and agreed that the City, upon revocation of such authority and
permission so granted, may remove the Temporary Encroachment and charge the cost thereof to
the Grantee, and collect the cost in any manner provided by law for the collection of local or
state taxes; may require the Grantee to remove the Temporary Encroachment; and, pending such
removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of
what would be the real property tax upon the land so occupied if it were owned by the Grantee;
and if such removal shall not be made within the time ordered hereinabove by this Agreement, the
City may impose a penalty in the sum of One Hundred Dollars ($100,00) per day for each and
every day that the Temporary Encroachment is allowed to continue thereafter, and may collect
such compensation and penalties in any manner provided by law for the collection of local or
state taxes,
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley. Vice Mayor Louis R. Jones, Mayor William D,
Sessoms, Jr., John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 13, 2009
I I I
1 Requested by Department of Public Works
2
3
4 AN ORDINANCE TO AUTHORIZE
5 TEMPORARY ENCROACHMENTS
6 INTO A PORTION OF THE
7 UNDEVELOPED RIGHT-OF-WAY
8 KNOWN AS A 10' LANE (ALSO
9 KNOWN AS 75 % STREET) BY
10 PROPERTY OWNERS, PATRICIA G.
11 KOVAL AND BARRY D. KOVAL
12
13
14 WHEREAS, PATRICIA G. KOVAL AND BARRY D. KOVAL desire to maintain an
15 existing section of their house, an existing frame shed, an existing wood fence, and an
16 existing 5.1' section of a wooden walkway, within the City's undeveloped right-of-way
17 known as a 10' Lane (also known as 75 % Street), located at the rear of 210 76th Street,
18 in the City of Virginia Beach, Virginia; and
19
20 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107,
21 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
22 City's right-of-way, subject to such terms and conditions as Council may prescribe.
23
24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26 That pursuant to the authority and to the extent thereof contained in 99 15.2-
27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Patricia G. Koval and Barry
28 D. Koval, their heirs, assigns and successors in title, are authorized to maintain
29 temporary encroachments for an existing section of their house, an existing frame shed,
30 and existing wood fence, and an existing 5.1' section of a wooden walkway, in a portion
31 of the City's undeveloped right-of-way as shown on the map marked Exhibit "A" and
32 entitled: "PHYSICAL SURVEY OF LOTS 22, 23 & PART OF LOT 24 SHORE REALTY
33 CORP. VIRGINIA BEACH, VIRGINIA FOR BARRY KOVAL & PATRICIA KOVAL", a
34 copy of which is on file in the Department of Public Works and to which reference is
35 made for a more particular description; and
36
37 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
38 subject to those terms, conditions and criteria contained in the Agreement between the
39 City of Virginia Beach and Patricia G. Koval and Barry D. Koval (the "Agreement"),
40 which is attached hereto and incorporated by reference; and
41
42 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
43 is hereby authorized to execute the Agreement; and
44
I I I
45
46
47
48
49
50
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
time as Patricia G. Koval and Barry D. Koval and the City Manager or his authorized
designee execute the Agreement.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 3t~ay
of January ,2009.
CA-1 0329
X:IOIDIREAL ESTATEIEncroachmentslPW OrdinanceslCA10329 Koval Ordinance.doc
V:la p pli cations lcitylawprodlcycom321WpdocslDO 1 0lP004 100069406. DOC
R-1
PREPARED: 10/10/08
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
p~-
Assistant City Attorney
I I I
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 10th day of November, 2008, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and PATRICIA G. KOVAL AND BARRY D.
KOVAL, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
"Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of those certain lots, tracts, or
parcels of land designated and described as "LOTS 22, 23 & EASTERN 15 FEET OF
LOT 24" as shown on that certain plat entitled: "SHORE REALTY CORP. PRINCESS
ANNE CO. VIRGINIA" and said plat is recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia in Map Book 7, at Page 124, and being further
designated, known, and described as existing undeveloped City right-of-way known as
a 10' lane (also known as 75 ~ Street), Virginia Beach, Virginia 23451;
WHEREAS, the Grantee was granted a variance from minimum setback
requirements by the Board of Zoning Appeals on August 20, 2008;
WHEREAS, it is proposed by the Grantee to maintain an existing section
of their house, an existing frame shed, an existing wood fence, and an existing 5.1'
section of a wooden walkway, collectively the "Temporary Encroachment", in the City of
Virginia Beach;
G PIN: 2419-67-0003-0000
(CITY RIGHT OF WAY - NO GPIN REQUIRED OR ASSIGNED)
I I I
WHEREAS, in maintaining the Temporary Encroachment, it is necessary
that the Grantee encroach into a portion of an existing undeveloped City right-of-way
known as a 10' lane (also known as 75 % Street), the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the
City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be maintained in accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City's specifications and approval
and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain plat entitled: "PHYSICAL SURVEY
OF LOTS 22, 23 & PART OF LOT 24 SHORE REALTY
CORP. VIRGINIA BEACH, VIRGINIA FOR BARRY KOVAL
& PATRICIA KOVAL" a copy of which is attached hereto as
Exhibit "A" and to which reference is made for a more
particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
2
1;1 I
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The Grantee will provide
3
I I
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or existence of th e Temporary Encroachment.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Patricia G. Koval and Barry D. Koval, the said
Grantee, have caused this Agreement to be executed by their signatures. Further, that
the City of Virginia Beach has caused this Agreement to be executed in its name and on
its behalf by its City Manager and its seal be hereunto affixed and attested by its City
Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
4
II I
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2009, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2009, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
5
ql
STATE OF
CITY/GQUr4TY OF V.......r~ ' to-wit:
The foregoing instrument was acknowledged before me this -.Jc~ day of
~A.
,2008, by Barry D. Koval.
~~~~
Notary P lie
Notary Registration Number: 22.U~"'~
My Commission Expires: i"p- !o I ~, I
STATE OF
CITY/CO~~JJ::Y OF V~......~
, to-wit:
The foregoing instrument was acknowledged before me this t~ day of
~"~LC..
, 2008, by Patricia G. Koval.
ild" ~ ~ ~~~~
~Iic
Notary Registration Number: ~:Ur.+l
My Commission Expires:
~P- .30 ~I
r
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~ffi. -
~)wmt<r' C - ~w~tJ.'\_
SIGNATURE
f w R Hi I E l-)fGti:
DEPARTMENT
6
THIS IS TO c&n'urt' THAT I. ON ocr. 10. 2006. SURVEYED THE PROPERTY
SHOWN HEREON AND THAT TUB mtB.LINES AND PHYSICAL DfPROVEllENTS ARE AS
,SHOWN HEREON. THE DlPROVDENTS STAND STRICTLY WITHIN THE T1'l'LE LINES AND
'THERE ARE NO ENCROA~ OF OTHER BUILDINGS EXCEPT AS SHOWN.
SIGNED: ~.-./~ ~~-.::->"
NOTES:
1) lHE PRoPERTY SHO"," HEREON APPEARS 10 UE IN -IE' flOOD ZONE
ACCORDING TO f.E-M.A. MAP pANa NO. 515531-oot6E. REVISED
DEC. 50 1996.
2) lHIS SURVEY WAS PERF'ORMED 'M1HOUT niE BENEFIT Of' A Tl1l.E REPORT.
AND MAY NOT SHOW ANY/AU. EASEMENTS AFFECTING lHE PROPERlY.
i,s-' O~
0.6' IN
LOT 21
b
o
ui
co
2 SRlRY
FRAME .
1210
0.,' IN
Q
~
Ip(F}
625.00' 10 1'.1. OF
AltANllC AVE.
76TH STREET (80' R/H?
PHYSICAL SURVEY
OF
LOTS 22, 23 & PART OF LOT 24
SHORE REAL TV CORP.
VlRGINIA BEACH. VIRGINIA
FOR
BARRY KOVAL &
PATRlCIA KOVAL
DAm OCT. 10, 2006
. SCALE: ,. - 2ft
NOlE: FUR PlAT SEE
...8.7 PG.124
VA. BEACH. VA.
WARD M. HOLMES
LAND SURVEYOR, P .C.
9226 GBANBY S'l'RBET
NORPOLX. VIRGINIA 23603
. 767-__1230
DRAYt'N BY: D.B
7G4 II
REMAINDER OF
LOT 24
b
c
tri
co
IP(F)
PRo.ECT NO. 061781
I I I
4kOD'\'+ A
I I
I I
- 60 -
Item V-M.6.
ORDINANCES/RESOLUTION
ITEM # 58431
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to GRANT two temporary Open Air Cafe FRANCHISES at
910 Atlantic Avenue to THEME RESTAURANTS, INC. tla II Giardino
R~wronreD~TmCT6-BEACH
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R, Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D,
Sessoms, Jr., John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 13, 2009
I I I
1 AN ORDINANCE GRANTING THEME
2 RESTAURANTS, INC., TIA IL GIARDINO
3 RISTORANTE, TWO TEMPORARY
4 FRANCHISE AGREEMENTS FOR AN OPEN
5 AIR CAFE IN THE RESORT AREA
6
7 WHEREAS, by resolution adopted November 15, 1985, City Council authorized
8 the City Manager to promulgate Open Air Cafe Regulations, which have been amended
9 from time to time ("Regulations"), for the operation of open air cafes on public property;
10 and
11
12 WHEREAS, on April 30, 2004, Theme Restaurants, Inc., t/a II Giardino
13 Ristorante ("II Giardino"), was granted two franchise agreements for (1) an Atlantic
14 Avenue side walk open air cafe; and (2) an Atlantic Avenue side street open air cafe,
15 located at 910 Atlantic Avenue (collectively, "franchise agreements"); and
16
17 WHEREAS, the franchise agreements expired in 2005 and were not renewed by
18 the City because the cafe did not comply with the Regulations; and
19
20 WHEREAS, in an effort to bring II Giardino into compliance with the Regulations,
21 City Council granted II Giardino two short-term franchise agreements on September 2,
22 2008; and
23
24 WHEREAS, the franchise agreements were conditioned upon II Giardino
25 removing the existing, non-conforming cafe structure by December 31, 2008, and any
26 new structure build by II Giardino was required to fully comply with the Regulations; and
27
28 WHEREAS, as of December 29, 2008, the non-conforming cafe has been
29 removed from the public right-of-way; and
30
31 WHEREAS, currently, II Giardino has not yet begun construction on a new open
32 air cafe; and
33
34 WHEREAS, the Convention and Visitors Bureau recommends that the above-
35 referenced entity be granted two additional temporary franchise agreements, effective
36 upon execution in January 2009, through April 30, 2009; and
37
38 WHEREAS, in the event that a new II Giardino open air cafe is constructed and is
39 compliant with the Regulations by April 30, 2009, II Giardino may be eligible for open air
40 cafe franchises with five year terms.
41
42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
43 VIRGINIA BEACH:
44
45 That the City Council hereby grants two temporary franchise agreements to
46 Theme Restaurants, Inc., t/a II Giardino Ristorante, subject to the terms and conditions
47 of the franchise agreements and all ordinances, resolutions, and regulations applicable
48 to open air cafes.
49
"II
51 Adopted by the City Council of Virginia Beach, Virginia on this 13th day of
52 January, 2009.
Approved as to Legal Sufficiency:
A. It- ~ 4..---
City Attorney' Office
~ed as to Content:
nvention and Visitors Bureau
CA 10967
R-2
December 30,2008
I I
- 61 -
Item V-M. 7 a/h.
ORDINANCES/RESOLUTION
ITEM # 58432
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinances to ACCEPT and APPROPRIATE:
a, $8,139,100 for cOPS Interoperable Communications Technology Grant-
Phase II
b, $126,539 re Oyster Heritage project to construct Oyster Reefs in the Lynnhaven
River watershed
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D,
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 13, 2009
I I I
1 AN ORDINANCE TO APPROPRIATE FUNDS TO CAPITAL
2 PROJECT 3-124 CIT COPS INTEROPERABLE
3 COMMUNICATIONS TECHNOLOGY GRANT - PHASE II
4
5
6 WHEREAS, the U.S. Department of Justice has allocated an Interoperable
7 Communications Technology Grant to the City of Virginia Beach for supporting regional
8 efforts to provide for Phase II equipment supporting the regional communication
9 network.
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
14 (1) That $1,140,000 is hereby accepted from the U.S. Department of Justice and
15 appropriated to Capital Project #3-124 CIT - COPS Interoperable Communications
16 Technology Grant - Phase II, in the FY 2008-09 Capital Budget, with revenue from the
17 federal government increased accordingly,
18
19 (2) That $300,000 is hereby accepted from the City of Chesapeake and
20 appropriated to Capital Project #3-124 CIT - COPS Interoperable Communications
21 Technology Grant - Phase II, with revenue from the local government increased
22 accordingly.
23
24 (3) That Capital Project #3-124 CIT - COPS Interoperable Communications
25 Technology Grant - Phase II will be reduced by $1,440,000 in the FY 2009-10 Capital
26 Improvement Program,
Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day
of January, 2009.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT:
F~ L n (/ (/,1
\L.JavJQ.~~
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY:
R~~
City Attorney's Office
CA 1 0956
R-2
December 30, 2008
II I
1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE
2 OYSTER HERITAGE TRUST FUND
3
4 WHEREAS, the City wishes to provide $126,539 from the Oyster Heritage Trust
5 Fund to support the efforts of increasing oyster habitat in the Lynnhaven River watershed
6 and continuing the oyster shell recycling program being undertaken by the U.S. Army
7 Corps of Engineers, the Virginia Marine Resources Commission and Lynnhaven River.
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11
12 That $126,539 is hereby appropriated from the Oyster Heritage Trust Fund to the
13 Department of Planning and Community Development's FY 2008-09 Operating Budget for
14 the construction of Oyster Reefs in the Lynnhaven River watershed and to continue the
15 Oyster Shell Recycling Program
Requires an affirmative vote by a majority of all of the members of the City Council.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of
,TrlnlJr:l ry , 2009.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
l~.
Management Services
~~l-
CA 10958
R-2
December 9, 2008
1,1 I
- 62-
Item V-M.8.
ORDINANCES/RESOLUTION
ITEM # 58433
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution to EXPRESS support of Autism treatments and therapies in
Virginia and calling upon Virginia Legislators to mandate insurance
coverage for this disorder (recommended by Mayor Sessoms)
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 13, 2009
iii I
REQUESTED BY MAYOR SESSOMS
1 A RESOLUTION IN SUPPORT OF FAMILIES AFFECTED BY
2 AUTISM SPECTRUM DISORDERS
3
4 WHEREAS, autism is one of the fastest growing bio-neurological developmental
5 disabilities in the world, which impacts a person's ability to communicate effectively and
6 interact with other people; and
7
8 WHEREAS, the Centers for Disease Control has labeled autism an epidemic,
9 affecting 1 in every 150 children in the United States, and over 1.5 million Americans have
10 some form of autism; and
11
12 WHEREAS, with early diagnosis and intervention and appropriate services and
13 support, individuals with autism can lead distinguished, productive lives in their
14 communities and strive to reach their fullest potential; and
15
16 WHEREAS, coverage of health care, behavioral, and psychotherapeutic services
17 for autism and other diagnosed developmental delays is limited, inconsistent, or excluded
18 altogether by private health plans and insurers, leading to denial of coverage and leaving
19 families with lost time and no services; and
20
21 WHEREAS, City Council supports efforts to ensure appropriate and equitable
22 coverage by private health plans and insurers for the diagnosis and medically necessary
23 treatment of individuals with autism and other disorders causing developmental delays.
24
25 NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Virginia
26 Beach, Virginia expresses its support of an insurance mandate for autism treatments and
27 therapies in Virginia and calls upon state legislators to work towards enactment of a bill
28 relating to mandating health insurance coverage for autism spectrum disorder.
29
30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
31 BEACH, VIRGINIA:
32
33 That the City Clerk shall provide a copy of this resolution to all members of the
34 City's General Assembly delegation.
35
36 Adopted by the City Council of the City of Virginia Beach, Virginia, this 13th day
37 of Januarv , 2009.
APPROVED AS TO LEGAL
SUFFICIENCY:
:<:~ k-
City Attorney's Office
CA10970 R-1 January 6,2009
~ i i
I I
II I I
- 63 -
Item V-M.9.
ORDINANCES/RESOLUTION
ITEM # 58434
ADD-ON
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution to SUPPORT State Legislation to prohibit smoking in Restaurants
(recommended by Council Lady Wilson)
Voting:
9-2 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, , Robert M Dyer, Barbara M Henley, Vice Mayor Louis R.
Jones, Mayor William D, Sessoms, Jr., John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
* William R. "Bill" DeSteph and *Harry E. Diezel
Council Members Absent:
None
* Verbal Nay
January 13, 2009
~ I i
I I
11I1
Requested by Councilmember Wilson
1 A RESOLUTION IN SUPPORT OF STATE
2 LEGISLATION TO PROHIBIT SMOKING IN
3 RESTAURANTS
4
5 WHEREAS, the City Council traditionally adopts a Community Legislative
6 Agenda and requests members of the City's local Delegation to the General Assembly
7 to sponsor and/or support legislation therein; and
8
9 WHEREAS, on October 28, 2008, City Council by resolution adopted the City's
10 2009 Community Legislative Agenda; and
11
12 WHEREAS, the City Council once again included in its Community Legislative
13 Agenda a request for legislation that either prohibits smoking in restaurants statewide or
14 that enables localities to prohibit smoking in restaurants by local ordinance; and
15
16 WHEREAS, City Council supports such legislation in the interest of public health,
17 both for citizens who wish to go to a smoke-free establishments and for the hospitality
18 workers who are exposed on a daily basis to dangerous second-hand smoke; and
19
20 WHEREAS, supporters of this legislation include the Virginia Beach Restaurant
21 Association, which last year purchased a full-page advertisement in the Virginian-Pilot in
22 which the association requested that such legislation be enacted; and
23
24 WHEREAS, neighboring Hampton Roads localities also have supported this
25 legislation in the past, and their support this year would increase the likelihood of
26 success in the General Assembly.
27
28 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
29 VIRGINIA BEACH, VIRGINIA:
30
31 1. That the City's delegation to the General Assembly is hereby requested to
32 sponsor and/or support legislation that either would prohibit smoking in restaurants
33 statewide or that would authorize localities to prohibit smoking in restaurants through
34 adoption of a local ordinance.
35
36 2. That the City Council of Virginia Beach encourages the governing bodies
37 of other Hampton Roads localities to adopt their own resolutions of support for this vital
38 legislation,
39
40 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
41 BEACH, VIRGINIA:
42
I I
I II
43 That the City Clerk is hereby directed to transmit a copy of this resolution to each
44 member of the City's local Delegation to the General Assembly and to the governing
45 bodies of all other Hampton Roads localities.
46
47 Adopted by the City Council of the City of Virginia Beach, Virginia, this 1 ~th
48 day of Janunry , 2009.
APPROVED AS TO LEGAL
SUFFICIENCY:
~~~ 6--
CA 10973
R-2
January 13, 2009
~ I i
I I
- 64-
Item V-No
PLANNING
ITEM # 58435
1. HOWARD R. TABOR
2. O'DOHERTY ENTERPRISES
3. FRANKEE LOVE
I I I
MODIFICATION OF CONDITION
No.3 with ADDED Conditions
(Approved May 25,1999)
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
January 13, 2009
I I
I II
- 65 -
Item V-No
PLANNING
ITEM # 58436
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in
ONE MOTION Items 1, 2 and 3 of the PLANNING BY CONSENT AGENDA.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D,
Sessoms, Jr., John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 13, 2009
III I
- 66-
Item V-N.1.
PLANNING
ITEM # 58437
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council MODIFIED
CONDITION #3, re Ordinance upon application of HOWARD R. TABOR (approved by Council on
May 25, 1999) and ADDED others re the addition of an LED monument-style sign at 300 South
Rosemont Road
ORDINANCE UPON APPLICATION OF HOWARD R. TABOR
MODIFICATION OF CONDITIONS, (APPROVED BY CITY COUNCIL
ON MAY 25,1999)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of HOWARD R, TABOR, Modification of
Conditions, (approved by City Council on May 25, 1999), 300 S.
Rosemont Road, GPIN: 148760777500000, DISTRICT 3 - ROSE HALL
The following conditions shall be required:
1. All conditions, with the exception of Number 3 attached to the Conditional Use Permit granted by
the City Council on May 25, 1999, remain in affect.
2, Condition Number 3 of the May 25, 1999, Conditional Use Permit is deleted and replaced with
the following:
Any existing non-conformingfree-standing signs located on the site shall be removed and
replaced with a single monument style sign with landscaping, The sign shall be developed in
accordance with the submitted plans titled "Roving Auto 300 Rosemont Road; Virginia Beach,
Virginia, Design Number 20560-R2 ", prepared by Cardinal Sign Corporation, dated 11-18-08.
Said plans have been exhibited to the Virginia Beach City Council and are onfile with the
Virginia Beach Department of Planning.
3. Thefollowing shall be considered additional conditions of the May 25, 1999 Use Permit:
a. The monument sign proposed to be installed at the southwest corner of the site shall be
substantially consistent with the submitted enhanced photo elevations of a light-emitting
diode (LED) sign. The sign shall not have video playback capabilities nor have any audio
capabilities, Said sign shall replace the existing sign at the same location, and shall be
no higher than eight (8) feet. A landscape plan for plantings around the base of the sign
shall be submitted to the current Planning Division of the Department of Planningfor
approval.
b. The LED sign shall not advertise any other businesses other than the one on which
property the sign is located
c. The sign shall include a light-sensitive photocell feature that will reduce and
increase the intensity of the LED output commensurate with the external ambient
light level (LED output reduction for night and cloudy conditions and LED output
increase for daytime sunny conditions).
January 13, 2009
II II
- 67 -
Item V-N.1.
PLANNING
ITEM # 58437 (Continued)
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of January Two
Thousand Nine
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and
James L. Wood
Cuuncil Members Voting Nay:
None
Council Members Absent:
None
January 13, 2009
I I I
ql
- 68 -
Item V-N.2.
PLANNING
ITEM # 58438
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of O'DOHERTY ENTERPRISES for a Conditional Use Permit re a home
occupation ("car trunks ", hope and blanket chest construction) at 345 Jacqueline Avenue:
ORDINANCE UPON APPLICATION OF O'DOHERTY
ENTERPRISES FOR A CONDITIONAL USE PERMIT RE A HOME
OCCUPATION ("CAR TRUNKS", HOPE AND BLANKET CHEST
CONSTRUCTION) R01935311
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of O'DOHERTY ENTERPRISES for a
Conditional Use Permit re a home occupation ("car trunks ", hope and
blanket chest construction) at 345 Jacqueline Avenue, GPIN:
147716333400000. DISTRICT 4 - BAYSIDE DISTRICT.
The following conditions shall bee required:
1. In accordance with Section 234 of the City Zoning Ordinance, not more than twenty (20)
percent of the floor area of the dwelling unit and accessory structures shall be used in
conjunction with the home occupation.
2. No permanent signs advertising the business shall be permitted, other than one (1) as
specifically permitted under Section 234 of the City Zoning Ordinance, on the premises or
installed on the lot or buildings on the lot at any time.
3. Sales to the general public of product or merchandise shall not be permitted on the property,
4. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical
interference, fire hazard or any other hazard or nuisance to any greater or more frequent
extent than would normally be expected in the neighborhood under normal circumstances
wherein no home occupation exists,
5. All storage of materials, supplies and equipment associated with the requested home
occupation use shall occur inside the existing accessory structure.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance,
Adopted by the Council of the City of Virginia Beach. Virginia, on the Thirteenth of January Two
Thousand Nine
January 13, 2009
I I
I II
- 69-
Item V-N.2.
PLANNING ITEM # 58438 (Continued)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 13, 2009
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Item V-N.3.
PLANNING
ITEM # 58439
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of FRANKEE LOVE for a Conditional Use Permit re a Wedding Chapel in
a retail center at 2973 Shore Drive:
ORDINANCE UPON APPLICATION OF FRANKEE LOVE FOR
A CONDITIONAL USE PERMIT (ASSEMBLY USE - WEDDING
CHAPEL), 2973 SHORE DRIVE. AICUZ IS LESS THAN 65,
ROI935312
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of FRANKEE LOVE, for a Conditional Use
Permit (assembly use - wedding chapel), 2973 Shore Drive,
GPIN:1499197884000, 14991977960000, 149991967530000. AICUZ is
Less than 65, DISTRICT 5 - LYNNHA VEN
The following conditions shall be required:
1. All necessary permits and a Certificate of Occupancy for this use shall be obtained from the
Department of Planning / Permits and Inspections Division before occupancy and use of the
buildingfor a wedding ceremony.
2. The number of individuals attending a service within the leased space shall not exceed twelve
(12).
3, Building signage shall conform to the City of Virginia Beach Zoning Ordinance and no
signage advertising the business shall be permitted within the right-of-ways,
4, No outdoor amplified music shall be permitted.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of January Two
Thousand Nine
January 13, 2009
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Item V-N.3.
PLANNING ITEM # 58439 (Continued)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R, Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 13, 2009
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Item V-O.l.
APPOINTMENTS
ITEM # 58440
BY CONSENSUS, City Council RESCHEDULED thefollowing APPOINTMENTS:
BEACHES AND WATERWAYS COMMISSION
COMMUNITY SERVICES BOARD
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
January 13, 2009
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Item V-O.2.
APPOINTMENTS
ITEM # 58441
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Rose Daria
Unexpired thru 6/30/11
ARTS & HUMANITIES COMMISSION
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D,
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January J 3, 2009
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Item V-O.3.
APPOINTMENTS
ITEM # 58442
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Ronald C. Ripley
Unexpired thru 12/31/11
PLANNING COMMISSION
Voting: 11-0
Council Members Voting Aye:
GlennR, Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 13, 2009
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Item V-O.3.
APPOINTMENTS
ITEM # 58442
Upon NOMINA TION by Vice Mayor Jones, City Council APPOINTED:
John C. Barnes
Unexpired thru 12/31/12
SOUTHEASTERN PUBLIC SERVICE AUTHORITY
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr" John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A, Villanueva
January 13, 2009
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Item V-O.4.
APPOINTMENTS
ITEM # 58443
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Barbara Brinson
Unexpired thru 6/30/10
TIDEWATER REGIONAL GROUP HOME COMMISSION
Voting: 10-0
Council Members Voting Aye:
Glenn R, Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D,
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
January 13, 2009
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Item V-O.5.
APPOINTMENTS
ITEM # 58444
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Carolyn McPherson
Unexpired thru I2/30/II
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert M
Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D,
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Cuuncil Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
January 13, 2009
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Item V-D. 6.
APPOINTMENTS
ITEM # 58445
City Council, BY CONSENSUS, REMOVED the followingfrom the listing of City Council appointive
agencies:
Advertising Agency Selection Committee
Airport Authority
Committee to Study Late Payment of Real Estate Taxes
Employee Benefits Review Task Force
North Landing Scenic Advisory Board
Old Beach Design Review Committee
Trauma Center Task Force
Virginia Beach Foundation, Inc. Distribution Committee
January 13, 2009
Item V-Q.
NEW BUSINESS
ABSTRACT OF VOTES
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ITEM # 58446
BY CONSENSUS, City Council ACCEPTED and DIRECTED the City Clerk to record:
ABSTRACT OF VOTES
SPECIAL ELECTION
MEMBER, HOUSE OF DELEGATES,
JANUARY 6,2009
January 13, 2009
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ABSTRACT OF VOTES
cast in the City of Virginia Beach
at the January 6,2009 Special Election, for:
, Virginia,
MEMBER
HOUSE OF DELEGATES
81 st District
NAMES OF CANDIDA TES AS PRINTED ON BALLOT
TOTAL VOTES
RECEIVED
(IN FIGURES)
Barry D. Knight - R
John M. LaCombe - D
1895
436
Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] 4
[Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] .......................................,
Total Number of Overvotes for Office
o
We, the undersigned Electoral Board, upon examination of the official records deposited with
the Clerk of the Circuit Court of the election held on January 6, 2009, do hereby certify that the
above is a true and correct Abstract of Votes cast at said election for the above office in said
election:
Given under our hands this 7th
day of January, 2009.
, Chairman
A copy teste:
, Vice Chairman
, Secretary
Secretary, Electoral Board
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Item V.R..
ADJOURNMENT
ITEM # 58447
Mayor William D. Sessoms, Jr, DECLARED the City Council Meeting ADJOURNED at 6:50 P.M.
(i}~__c2_=~~/~
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
~
th Hodges Fraser, MMC
City Clerk
William D. Sessoms, Jr.
Mayor
City of Virginia Beach
Virginia
The Public Comment re Non Agenda Item adjourned at 7:05 P.M.
January 13, 2009
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Item V.R..
ADJOURNMENT
ITEM # 58447
Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:50 P.M.
(J~____d_r_Li~~h
Bev~;l;--(/\Hooks, CMC
Chief Deputy City Clerk
~~~
Ruth Hodges Fraser, MMC
City Clerk
William D, Sessoms, Jr.
Mayor
City of Virginia Beach
Virginia
The Public Comment re Non Agenda Item adjourned at 7:05 P.M.
January 13, 2009
III
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PUBLIC COMMENT
Leslie Stukey, 2905 Sugar Maple Drive, Phone: 301-6885, retired Navy Veteran with a 100% disability.
Mrs. Stukey advised she had appeared before City Council about a year ago and no action has been taken
to-date, Her husband is currently on his third overseas tour, Her son, Kendall Lawson, is nineteen and
attends High Point University and recently made the Dean's List, Mrs, Stukey's daughter Elise, nine
years old. was in attendance with her. Three (3) years ago on December Eighteenth, at the age of six, a
candy store clerk in Pembroke Mall assumed Elise had stolen something and improperly searched her,
No one assisted her neither the Virginia Beach Police Department, Magistrate's Office, District Attorney
or the Legislators, Three years later, Ms, Stukey was pulled over by two (2) Police Officers, which turned
into approximately twenty (20) Police Officers all holding guns on her. She had only been leaving her
Chiropractor's appointment. After she was found innocent, she was informed there was a bank robbery
on Virginia Beach Boulevard and her truckfit the description of the vehicle, She was informed she could
not file a report. Her seventeen year old son was followed home by a Police Officer who informed her
there was something wrong with his license, His license was determined to be correct, Mrs, Stukey
believes her mistreatment is harassment and requested City Council take whatever actions is necessary to
relieve her of this constant fear, anxiety and concern for her family.
The City Manager stated he had taken action after Mrs. Stukey's previous visit to City Council, believed
the problems were solved, but apologized for the problems. He will meet with Chief Jacocks and provide
a complete report to City Council as soon as possible,
Carl Wright, 1144 Mondrian Loop, Phone: 235-5596, represented the (NAACP) National Association for
Advancement of Colored People, $60-MILLlON is being invested in the Town Center, but the investment
in children (our most precious resource) is overlooked Bayside Recreation Center requires completion.
Mr. Wright expressed concern re the harassment of Mrs, Stukey,
January 13, 2009