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APRIL 28, 2009 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS JR. , AI-Large VICE MAYOR LOUIS R. JONES, Bayside - Dlstnct 4 GLENN R. DA VIS, Rose Hal! - District 3 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsv"'e - Distnct 2 ROBr;RT M. DYER, Centerv"'e - Distnct I BARBARA M. Hr;NI,EY, Princess Anne District 7 JOHN E UHRIN, Beach Dlstnct (, RON ,{ VIUANU!:' VA , At-LarKe ROSFMARY WILWJN, At-I,arKe JAM!:S L WOOO I,ynnhaven -OW"" 5 CITY COUNCIL APPOINTEES (,ITY MANA! ;UI JAMFS K SPORI,' ('n)' ArJOJiNh), MARK 0 S7'lIJ:'S ('lTY ASSf.'SSOR JFRAI.JJ BANAGAN ('17'Y AUOI7'OR LYN[)ON S R/:'MIAS ('I7'Y ('lFRK IW7H HO[)0/:'S FRASf.'R, MMC CITY COUNCIL AGENDA 28 APRIL 2009 I. CITY MANAGER'S BRIEFING - Conference Room - A. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director - Finance II, CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW II II Cln HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-9005 PHONE (757) 385-4303 FAX (757) 385-5669 E-MAIL ctycncl@vbgov.com 2:00 PM IV. CITY COUNCIL WORKSHOP - Conference Room - 3:00 PM A. SCHOOLS proposed RESOURCE MANAGEMENT PLAN 1. FY 2009-2010 Operating Budget 2. FY 2009-2010 Capital Budget 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 4:00 PM II II VI. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Father James Pavlow St. Nicholas Greek Orthodox 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. 2. INFORMAL and FORMAL SESSIONS FORMAL SESSION/PUBLIC HEARING (Budget) April 14, 2009 April 16, 2009 G. PRESENTATION 1. GENERAL ASSEMBLY COMMENDING RESOLUTIONS a. B. C. Meyera E. Obemdorf Reba S. McClanan Mary C. Russo Delegate Harry Purkey Delegate Barry Knight Senator Frank Wagner H. PUBLIC HEARINGS 1. FY 2009-2010 RESOURCE MANAGEMENT PLAN FY 2009-2010 Operating and Capital Budgets 2. OPEN AIR CAFE LEASES - Resort Area City-owned properties 3. INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easement 1601 N anneys Creek Road I. AGENDA FOR FORMAL SESSION I I 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 2-5 of the City Code re the Historic Preservation Commission by adding two high school students as non-voting members. 2. Ordinance to AUTHORIZE the acquisition of 13.583 acres of the Lake Lawson Phase II property from the City of Norfolk for open space and a 4.4-acre portion of the property to be used perpetually as a public outdoor recreation area and APPROPRIATE $2,860,000 for this purchase. 3. Ordinance to AUTHORIZE the City Manager to execute an Installment Purchase Agreement with William R., Jr. and Cheryl L. Sanford re an Agricultural Land Preservation CARP) easement at 1601 Nanneys Creek Road. 4. Ordinance to AUTHORIZE the City Manager to execute all documents re a Right of Entry Agreement between the City and L. Carl Floyd, John J. DeVan and Vicki Morgan to enter onto City-owned property at Tuna Lane re construction of a bulkhead and pedestrian stairs over Tuna Lane 5. Ordinances to GRANT Franchise Agreements for Open Air Cafes in the Resort Area: a. Surfside Resort, Inc., tla Fish Bones b. Fogg's Seafood Company, tla Waterman's c. Tonic, Inc., t/a Waffletown USA d. Dunes Investment Associates, t/a the Beach Club e. First Fruits, LLC, t/a Tropical Smoothies f. ISA, Inc., t/a Seaside Galley g. Baja Taco, t/a Baja Cantina h. Karpathos, Inc., t/a King of the Sea 1. Ocean Beach Club Owner's Association, t/aTortugas J. Ocean Beach Club Owner's Association, t/aTortugas k. BBH Corporation, t/a 18th Street Cafe 1. Seashore Management, t/a Laverne's m. 11 th Street, LC, t/a 11 th Street Cafe n. 11 th Street, LC, t/a 11 th Street Cafe 6. Ordinances to APPROPRIATE funds to Housing and Neighborhood Preservation's FY 2008-09 Operating Budget a. $1,109,599 from the American Recovery and Reinvestment Act CARRA) to the Housing and Neighborhood Preservation's FY 2008-09 Operating Budget re homelessness and Rapid Re-Housing of homeless persons b. $55,698 from other local area cities' revenue re procuring a Regional Fair Housing Analysis Study. I i 7. Ordinances to TRANSFER $13,480,623 in available School funds to the FY 2008-09 Operating and Capital Budgets re realignment of various categories: a. $2,984,000 b. $3,031,643 c. $ 831,980 d. $1,500,000 e. $2,085,000 f. $ 198,000 g. $1,850,000 h. $1,000,000 Pupil Transportation Technology Operations and Maintenance Equipment Replacement Renovations and Replacements - HV AC Systems-Phase II Operating Budget Student Data Management System Instructional Technology 8. Ordinance to ESTABLISH the Witchduck Road, Phase I right-of-way as an underground utility corridor and ACCEPT a fifty percent (50%) reimbursement of the costs from the Virginia Department of Transportation (VDOT) to the City re relocating the overhead utilities underground. 9. Resolution in SUPPORT of the "Honor and Remember" flag as an official symbol to recognize and honor members of the Armed Forces who have died in the line of duty. 10. Resolution to AUTHORIZE the distribution of funds under the Byrne JAG Grant, [part of the American Recovery Reinvestment Act (ARRA)], as proposed by the Community Criminal Justice Board, and AUTHORIZE the City Manager to submit the application to the Department of Justice. L. PLANNING 1. Application of ROBERT BURKE for the Expansion of a Nonconforming Structure at 5504 Ocean Front Avenue re a second and third floor addition and an addition to the existing detached garage. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROV AL 2. Variance to S4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for SYLVIA ESTES to create three lots on 34.05 acres at 1628 Mill Landing Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROV AL 3. Application of MCRJERS, LLC for the closure of an unimproved right-of-way portion of Windsor Crescent, 3868 Jefferson Boulevard. DISTRICT 4 - BA YSIDE DEFERRED RECOMMENDA TION MARCH 24, 2009 INDEFINITE DEFERRAL "I I 4. Application of REFORMED BAPTIST CHURCH OF VIRGINIA BEACH for a Conditional Use Permit re a church at portions of 2230, 2234 and 2240 Salem Road and a parcel abutting the rear property line. DISTRICT 7 - PRINCESS ANNE RECOMMENDA TION APPROV AL 5. Application of THOMAS C. KAY, JR. for a Conditional Use Permit re firewood preparation at 1641 Princess Anne Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDA TION DENIAL 6. Application of BUDDHIST EDUCATION CENTER OF AMERICA, INC. for Modification of Conditions (approved by City Council on August 28,2007 [Thanh Cong Doan]), to extend the term and conditions of the 2007 permit at 4177 West Neck Road re religious services. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROV AL 7. Application of RICHARD S. DAILEY for Modification of Condition No.2 (approved by City Council on June 9, 1986, September 14, 1987 and August 14, 1989) at 1094 Diamond Springs Road re enlarging the existing animal hospital. DISTRICT 4 - BA YSIDE RECOMMENDATION APROV AL 8. Application of VIRGINIA BEACH INK (Ben Johnson) for Modification of Conditions (approved by City Council on September 23, 2008) at 612 Nevan Road, Suite 114 to add body piercing and permanent make-up applications. DISTRICT 5 - L YNNHA VEN RECOMMENDA TION APPROV AL 9. Ordinance to AMEND the Chesapeake Bay Preservation Area Ordinance by including the surface area of swimming pools as "impervious cover" re calculating stormwater management requirements and ESTABLISHING uniform buffer mitigation standards. RECOMMENDA TION APPROV AL 10. Ordinance to AMEND Appendix C, Site Plan Ordinance, Section 5B, re floodplains and comply with the requirements of the National Flood Insurance Program. RECOMMENDA TION APPROV AL M. UNFINISHED BUSINESS 'II N. NEW BUSINESS O. ADJOURNMENT PROPOSED RESOURCE MANAGEMENT PLAN FY 2010 BUDGET WORKSHOPS MayS May 12 Reconciliation Workshop Public Hearing for Adoption Council Conference Room Council Chamber - 6 p.m. * * * * * * * * * 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 04/28/2009.gw www.vb(!Qv.com III - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 28, 2009 Mayor William D. Sessoms, Jr., called to order the City Manager's Briefing re the INTERIM FINANCIAL STATEMENT in the City Council Conference Room, Tuesday, April 28, 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., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin [Entered: 2:37 P.Ml Ron A. Villanueva [Entered: 2:08 P.M] April 28, 2009 I'll - 2 - CITY MANA GER 'S BRIEFING INTERIM FINANCIAL STATEMENT .ITEM # 58726 2:00 P.M. Patricia Phillips, Director of Finance, presented the Interim Financial Statements for the nine months ending March 31, 2009. Ms. Phillips recognized Don Barnett - Comptroller, Miryam Woodson - Principal Accountant, Wendy Hu - Accountant IV, and Loretta Brown - Executive Assistant. ~ General Fund - Update o FY 2009 Revenues o FY 2009 Expenditures o Projections ~ Water and Sewer Fund - Update ~ Next Steps FY2009 Year To Date General Fund Revenues Compared to Historic Trend March 31, 2009 80% 100% ~ 60% J i ~40% ~ ~ .. ... 20% 0% Jul Aug Sep Oct Nov Dee Jan Feb Mar Apr I May Jun ......HistoricTrend _Percent of FY09 Budget ~ Total Revenues are $589.5-MILLION - 55.1% ~ Slightly below 5-yr average (55.6%); behind compared to 2008 (55.3%) ~ Many items are on a 2-month lag ~ Personal Property tax due June 5 ~ Interest rate environment ~ Economy Budf{et Actual Variance % of Budf{et FY 2007 $ 963.6 $ 970.2 $ 6.6 0.7% FY 2008 $ 1,026.4 $ 1,018.4 $ (0.8) (0.8%) (IN MILLIONS) April 28, 2009 - 3 - CITY MANA GER 'S BRIEFING INTERIM FINANCIAL STATEMENT .ITEM # 58726 (Continued) Real Estate Revenues March 31, 2005 - 2009 $600.0 FAVORABLE TREND BUDGET $479.2 $500.0 $474.6 $400,0 $300.0 $200.0 $100.0 $0.0 FY 2005 FY 2006 FY 2007 FY 2001 FY 2009 I _Annu.1 Collections _YTD ......0-% 0' Tot.1 I Real Estate Taxes are projected to be 47 to S8-MILLION over budget Personal Property Taxes - Local (excludes PPT.RA) $100.0 March 31, 2005 - 2009 UNFAVORABLE TREND BUDGET $78.3 $10.0 $71.5 $10,0 10.0% $40.0 40.0% $20,0 . 20.0% $0.0 0.0% UlIllIAnnu_1 Collections _YTD 1'\1 100.0% 90,0% ao.O% 70.0% ~ o 10.0% I '0 " 50.0% I .. 40.0% ; 30.0% 20.0% 10,0% 0.0% 100.0% 10.0% The Personal Property annual tax is due June Fifth. This is believed to be $12- to $13-MILLION under budget. Values are declining. The Commissioner of the revenue is still actively preparing the bills. These have not been mailed, so a billing register is not available. April 28, 2009 1'1' - 4 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT .ITEM # 58726 (Continued) PPTRA - STATE Budget for FY 2009 $53.4-MILLION Projected Schedulefor FY 2009 rt Payment, November 15, 2008 $ 6.5-MILLION 2nd Payment, Julv 31,2009 $42.5-MILLION 3rd Pavment, AUJ!ust 15, 2009 $ 4.4-MILLION Risk Mrs. Phillips advised the PPTRA chart is presentedfor information. The Personal Property Tax Relief Act (State portion) is no longer tied to the collections at the local level. General Sales Taxes March 31, 2005 - 2009 $100.0 100.0% UNFAVORABLE TREND $80.0 80.0% c: 67.8% 67.3% 67.4% 68.1% " ~ BUDGET c: () ~ ~ ~ 0 i --<> 63.8% 1i .. .!! " $60.0 $56.0 . 60.0% "0 .. $54.0 $54.1 0 " c: ;;; ~ 15 &! .... '5 $40.0 40.0% ;II. $20.0 20.0% $0,0 0.0% FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 IIIIC:DAnnual Collections _VTD -<:>-% of Total General Sales Taxes, totaling $35.8-MILLION are currently unfavorable. This equates to $1. I-MILLION behind FY 2008, indicating a decrease in sales through January. Sales data for February indicated this decline will continue. April 28, 2009 "I' $60.0 - 5 - CITY MANA GER 'S BRIEFING INTERIM FINANCIAL STATEMENT .ITEM # 58726 (Continued) Utility Taxes March 31, 2005 - 2009 FAVORABLE TREND $49.4 100.0% BUDGET 90.0% $49.0 10.0% 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% FY 2009 $50.0 ~ $40.0 i .. VI " " Ii $30.0 > " a: $20.0 $10.0 $0.0 FY 2005 FY 2006 FY 2007 FY 2001 I __Annual Collections _YTD ~% of Total This includes Telecommunications Taxes. As of January 2007, Communication Taxes are received on a two month lag due to the change imposed by the 2006 Virginia General Assembly House Bill No. 568. Effective November 1, 2008, the dealer's discount has been implemented The dealer discount will be computed according to the schedule below, Monthly Taxable Sales Factor $0 to $62,500 .024 $62,50 I to $208,000 .018 $208,001 and above .012 Estimate is $1.9M under budget due to dealer's discount and energy conservation. Business Licenses (BPOL) l\;farch 31, 2005 -2009 1460 BUDGET 1~.c"" 1-50e 60_ 14C!; IGC~ nUl 1"G~ ..,.0 10_ an.o ".c~ no.o ~0'It 111.": 3I1i0'lt lice 1'O.C"4 11.0 10,0." I~.-:' 00% "'f~1 ""NOt "'f~7 FY-' ""~9 __..I,.u_~ :.-: e:.::c~s _v-: ~~:"'''';''.:':! I April 28, 2009 - 6 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT .ITEM # 58726 (Continued) iil ,I Business Licenses (BPOL) renewals are due in March. The Commissioner of Revenue projects $2- MILLION to $3-MILLION under budget due to the economic downturn. Hotel Room Taxes March 31.. 2005 - 2009 $45.0 S40.0 78.5% S35.0 <; c ~ S30.0 ill .. WI S25.0 . " c . > S20.0 .l! S15.0 S10.0 S5.0 SO.O FY 2005 UNFAVORABLE TREND ... .... __.. ^^.., ,_~_",,~_'~._'_'_'._~~',"N.u,"".'.'~. ... __H' n#.'........ On. ,u"".,~~,~~."~"a.'_'._...._~'.M'M.'N.N'_ .." .. 80.0% ; o-!O.6% 79.6% . ~ ----Q 77,~'(o BUDGET $23,6 $24.1 FY 2006 FY 2007 FY 2008 FY 2009 I _Annual Con.olions _YTD -<>-% of Total Actual Collections at March 31,2009 FY2009 $18.7M FY2008 $19. OM Down slightly (1.9%) Year-end Projection: <$I.3M> - Below budget 100.0% 90,0% 80.0% 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% Restaurant Meal Taxes March 31, 2005 - 2009 $80.0 100.0% ACCEPTABLE TREND 90.0% $70.0 74.5% BUDGET ao.o'lo 74.6% 74.6% 75.0% 74.5% sao.o <; : : : ~ 70.0% 0 $48.1 $48.7 ~ ~ $50.0 :i &0.0% i .. ~ 'ii S40,O 50.0% u ! ~ " .... 40.0'10 1; $30,0 i' 30.0'10 $20.0 20.0'10 $10.0 10.0'10 $0.0 0.0% FY 2006 FY 200a FY 2007 FY 200a FY 200t I _Annual Con.ctlo"s _YTO -0-'.4 of Total Restaurant Meal Taxes are on an Acceptable Trend and anticipated slightly below budget. April 28, 2009 I'll - 7 - CITY MANA GER 'S BRIEFING INTERIM FINANCIAL STATEMENT .ITEM # 58726 (Continued) $7.0 $6.0 $5.0 $4.0 $3.0 $2.0 $1.0 $0.0 FY 2005 Permits and Licenses March 31, 2005 - 2009 UNFAVORABLE TREND $5.8 . 100.0% BUDGET $5.8 90.0% 80.0% 70.0% 60.0% 50.0% 40,0% 30.0% 20.0% 10.0% 0,0% FY~ FY~ FY~ FY~ I _Annual Collections _YTD -<>-% of Total 13 $14.0 City Tax on Deeds March 31, 2005 - 2009 UNFAVORABLE TREND 100.0% 90.0% 80.0% 70.0% 80.0% 50.0% 40.0% 30,0% 20.0% 10.0% 0.0% FY 2009 14 $12.3 $8.0 $12,0 $10.0 $4.0 $2.0 $0.0 FY 2005 FY 2008 FY 2007 FY 2001 I _Annual Collections _YTO ....0-% of Total The Local Deed Tax permits local governments to charge one-third the state tax (25 cents per $100). Grantor's Tax - allows localities to charge 50 cents per $500, which is split between the State and the locality. Projection: $1.9-MILLION under budget. April 28, 2009 III .1 - 8 - CITY MANA GER 'S BRIEFING INTERIM FINANCIAL STATEMENT .ITEM # 58726 (Continued) Summary of General Fund Revenues March 31, 2009 (In Millions) Local Rewnues Real Es tat~T"",. $4794 '256.7 53.6% 52.5% F $8.2 Personal Property Taj!c.s 78.3 \6.3 20.9% 22.3% U (12;6) !PersonalProperty - PPTRA 53.4 6.5 \2.2% \2.2% A 0.0 General Sales Taxes 56.0 35.8 63.8% 68.1% U (3.6) UtilityT""". 49.0 29;8 60.8% 60_1% F (1.9) Restaurant Meal Taxes 48.7 36.3 74.5% 75.0% A 0,0 BlJsmessUcenses 43.2 38.0 88,0% 93.7% U (3.\) Hotel Room Ta~s 24;1 18.7 77.4% 80.6% U (1.3) Cigarette Taxes 13.2 8.8 66.4% 70,<)% U (0.3) Autonnbile Licenses 9,0 5.7 63.5% 65.3% U (0.5) ICifyTllX on Deeds 8,0 4.0 49.2% 66.4% U (1.9) ,Interest Inconr 7,0 4,3 62.7% 81.6% U (0.8) !Public Servil;e (REand PP) 6,1 3.6 58,<)% 527% F 1.1 ArnJsenrnt Taxes 5.6 4.3 76,<)% 73.5% F 0,0 Rental Incorn: 4,5 3.2 71.6% 60.2% F (0.5) Pemits and Ucenses 5.8 3.0 52.4% 71.3% U (1.7) Re<iUght'Violation. \.6 U (1.5) VqirllaAqt1arium 7,2 3.4 46.6% 65_5% U (1.4) Police Fahe Alanns 1.\ 0.\ 7.5% 65.1% U (0.4) I Other Local Revenues 42.4 26.9 63.6% 50.7% F (2.0) State Rewnues \02.9 72.6 70.6% 66.7% F 0.4 Federal Rewnues ~ \5.5 65.5% 68.3% U (2.0) ! ~ ~ 55.5% 55.3% U $26.0 ... Reflects reductions in Recordation Fees and S tate Aid Law EDforcement fuoling. Excludes Scbool ReveJlues FY2009 Year To Date General Fund Expenditures Compared to Historic Trend March 31, 2009 100.0% 100% 20% ! 80"'\' B ... c X. .ll - 60",\, ! ~ ~ ~ 40% .. .. O",\, Jul Aug Sep Oct Nov Dee Jan Feb Mar ~istoriC Trend _Percent of FY09 Budget Apr May Jun General Fund Expenditures ~ Total March 31,2009: $843.9-MILLION or 74.9% ~ Historical Trend 75.8% ~ Departmental Targeted Savings: $7.5-MILLION or 1.25% ~ Projected Expenditures June 30,2009 = $1,J03-MILLION ~ Budgeted Expenditures = $1,1 39-MILLION ~ Historical Comparison - Budget to Actual April 28, 2009 Iii " - 9 - CITY MANA GER'S BRIEFING INTERIM FINANCIAL STATEMENT .ITEM # 58726 (Continued) aVlnf(S n Total % of Total % of City Bud~et City Bud~et Schools 2007 (Actual) $ 41.7 4.1% $ 25.9 3.8% $15.8 2008 (Actual) $ 60.3 5.6% $ 25.0 3.5% $ 35.3 S' (L MILLIONS) Due to a moderate decline in gasoline prices, most Departments have met the reduction goals and are no longer required to submit the monthly savings reports. In April 2009, Management Services transferred about $3-MILLION from Departmental savings to cover the energy costs and real estate tax exemption costs. Recap General Fund Projections for June 30, 2009 At April 28, 2009 (in millions) - <$26=> Policy * The Proposed Financial Assistance Plan to SPSA was adopted on April 14, 2009. Water and Sewer Enterprise Fund March 31, 2009 (IN MILLIONS) ~ ~ Lower water consumption than budgeted Lower connection fees revenue due to slowdown in construction Budf!et Actual % Revenues $ 101.4 $ 66.8 65.9% Expenditures $ 109.0 $ 69.2 63.5% . Costs also down- Water Services contract - only 12% variable costs Year End expected to be within budget overall . April 28, 2009 , II II I - 10- CITY MANA GER 'S BRIEFING INTERIM FINANCIAL STATEMENT .ITEM # 58726 (Continued) Water and Sewer Enterprise Fund Water Consumption Fiscal Year 2009 45.0 30.89 30.95 ~ 40.0 ~ ~ ,t ~ ~ .2 ;; \:l 35.0 ~ ~ ~ 30.0 (A) (P) 25.0 Jul"()8 Jun-09 Notes: Actual!Projected water consumption is 34.02 MGD vs. Budgeted 35.5 MGD Target water consumption is based on Fiscal Year 2005 tbru 2008 Councilman DeSteph inquired if the downward trends continue, has the full impact been projected to the budget, not just this year, but also for the Fiscal Years 2010 - 2011 and 2011 - 2012. Catheryn Whitesell, Director - Management Services, advised these revenue trends have been taken into account re the FY 2010 Budget and the City has been very conservative going into FY 2010. Hopefully, by FY 2010, some of the trends will start turning around The economy is expected to improve starting late into the Calendar year FY 2010; however, some unknowns, i.e. Swine Flu, can impact revenues and economy nationally re travel industry issues. Management Services will be monitoring these occurrences. Councilman DeSteph wished to be assured the City was not overestimating the revenue and underestimating the expenses. Mrs. Whitesell advised there are some very strong financial policies in place which restrict "end of the year" spending. The City Manager advised it will be suggested that a Biennium Budget not be formulated in this next Budget cycle, as the economy is too unpredictable to project out two and one-half years. Mrs. Whitesell advised Councilman Davis, the State had a target of trying to get compensation to the tax payer of 70% of the personal property tax bill. It was never this close. Then, because of the State budget concerns, they capped the State wide amount they would pay at $950-MlLLION The City's portion is approximately $53-MlLLION a year. No matter, what the car inventory value, the percentage is adjusted to the taxpayer based on total inventory. There is no revenue loss to the City. Next Steps ~ Continue to Monitor Revenue in FY 2009 Business Licenses - Continuous Monitoring of Future Cash Receipts o Personal Property - April-June o Real Estate - June ~ Report Again Next Month April 28, 2009 I[ II II I - 11 - CITY COUNCIL COMMENTS 2:25 P.M. ITEM # 58727 Council Lady Wilson advised she attended the Urban League Awards dinner, Thursday evening, April 23, 2009. The City was nominated for an award re diversity and hiring practices. However, the City did not win. TowneBank did. ITEM # 58728 Mayor Sessoms distributed correspondence re an Alternative Energy Task Force. This Task Force follows his belief that the Nation, Commonwealth and the City are at an unprecedented crossroads in this area. Adequate quantities of dependable energy are capable of supporting the growth of the City's economy and fUture prosperity. The purpose of the Task Force is twofold: First, it will analyze the current reality of energy demand in Virginia Beach and explore potential sources of supply to satisfy that demand. In the process, the group will consider how those possible supply sources might impact our community both economically and environmentally. Second, the Task Force will look forward in time to identify areas where supply may not keep pace with demand and develop potential options to close that gap as well as to reduce our dependence on foreign sources. These findings will be based on insights from the energy environmental scanning process conducted by the group. These future energy sources must be environmentally sustainable and independent of foreign sources which are often unreliable. Mayor Sessoms hopes the Task Force can be established in two (2) weeks. Membership will be broad based and include staff representatives from Congressionalleaderships, a member from the Senate and the House of Delegates, the university community, the Mayor, one additional City Council Member and knowledgeable citizen representatives. The Task Force will be charged with presenting an internal position paper and recommending a course of action to City Council in time for consideration at the Annual Goal Setting Workshop in August. Said correspondence is hereby made a part of the record. Mayor Sessoms distributed notice of a Workshop on Offshore Wind and Virginia Beach by the City of Virginia Beach, SAIC and the Commonwealth's Virginia Coastal Energy Research Consortium (VCERC): Thursday, May 14, 2009,1:30 to 5:00 P.M. The Virginia Coastal Energy Research Consortium (VCERC) has identified large areas of powerful Class 6 winds located in relatively shallow waters beyond twelve (12) nautical miles offshore on the outer continental shelf of Virginia Beach. These areas are suitable for installing commercially proven monopole-based offshore wind turbines sufficient to meet at least 20% of annual electricity demand. April 28, 2009 i I II I - 12 - AGE N DA REV IE W S E S S ION 2:28 P.M. ITEM # 58729 BYCONSENSUS, thefollowing items shall compose the CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 2-5 of the City Code re the Historic Preservation Commission by adding two high school students as non-voting members. 2. Ordinance to A UTHORIZE the acquisition of 13.583 acres of the Lake Lawson Phase II property from the City of Norfolkfor open space and a 4.4-acre portion of the property to be used perpetually as a public outdoor recreation area and APPROPRIATE $2,860,000for this purchase. 3. Ordinance to AUTHORIZE the City Manager to execute an Installment Purchase Agreement with William R., Jr. and Cheryl L. Sanford re an Agricultural Land Preservation (ARP) easement at 1601 Nanneys Creek Road 4. Ordinance to AUTHORIZE the City Manager to execute all documents re a Right of Entry Agreement between the City and L. Carl Floyd, John J. DeVan and Vicki Morgan to enter onto City-owned property at Tuna Lane re construction of a bulkhead and pedestrian stairs over Tuna Lane 5. Ordinances to GRANT Franchise Agreements for Open Air Cafes in the Resort Area: a. Surfside Resort, Inc., tfa Fish Bones b. Fogg's Seafood Company, tfa Waterman's c. Tonic, Inc., tfa Waffletown USA d Dunes Investment Associates, tfa the Beach Club e. First Fruits, LLC, tfa Tropical Smoothies f ISA, Inc., tfa Seaside Galley g. Baja Taco, tfa Baja Cantina h. Karpathos, Inc., tfa King of the Sea i. Ocean Beach Club Owner's Association, tfa Tortugas j. Ocean Beach Club Owner's Association, tfa Tortugas k. BBH Corporation, tfa 18th Street Cafe I. Seashore Management, tfa Laverne's m. 1 th Street, LC, tfa 1 th Street Cafe n. 1 th Street, LC, tfa 1 th Street Cafe 6. Ordinances to APPROPRIATE funds to Housing and Neighborhood Preservation's FY 2008-09 Operating Budget a. $1,109,599 from the American Recovery and Reinvestment Act (ARRA) to the Housing and Neighborhood Preservation's FY 2008-09 Operating Budget re homelessness and Rapid Re-Housing of homeless persons b. $55,698 from other local area cities' revenue re procuring a Regional Fair Housing Analysis Study. April 28, 2009 I II III I - 13 - AGENDA RE VIE W SESSION ITEM # 58729 (Continued) 7 Ordinances to TRANSFER $13,480,623 in available Schoolfunds to the FY 2008-09 Operating and Capital Budgets re realignment of various categories: a. $2,984,000 Pupil Transportation b. $3,031,643 Technology c. $ 831,980 Operations and Maintenance d. $1,500,000 Equipment Replacement e. $2,085,000 Renovations and Replacements - HVAC Systems-Phase II f $ 198,000 Operating Budget g. $1,850,000 Student Data Management System h. $1,000,000 Instructional Technology 8. Ordinance to ESTABLISH the Witchduck Road, Phase I right-ofway as an underground utility corridor and ACCEPT afifty percent (50%) reimbursement of the costs from the Virginia Department of Transportation (VDOT) to the City re relocating the overhead utilities underground. 9. Resolution in SUPPORT of the "Honor and Remember" flag as an official symbol to recognize and honor members of the Armed Forces who have died in the line of duty. 10. Resolution to A UTHORIZE the distribution of funds under the Byrne JA G Grant, [part of the American Recovery Reinvestment Act (ARRA)], as proposed by the Community Criminal Justice Board, and AUTHORIZE the City Manager to submit the application to the Department of Justice. Phillip D. Pulley, P.E., Transportation Division Manager - Public Works, re Item K.8 (Witchduck Road, Phase I right-ofway as an underground utility corridor), advised Councilman DeSteph, the right-ofway has all been secured and the acquisitions are complete. These will not have any impact on any of the buildings. Councilman Diezel advised there are no businesses in this particular section; however, the intersection project does contain businesses, all of whom have been conferred. There will be no business interruptions on this project. Councilman DeSteph DISCLOSED and will ABSTAIN pursuant to Section 2.2-3115(E), Code of Virginia, re Item K.3 (William R., Jr. and Cheryl L. Sanford re ARP easement) Councilman DeSteph will ABSTAIN as it affects the value of property he owns. Councilman Uhrin DISCLOSED and will ABSTAIN pursuant to Section 2.2-3115(E), Code of Virginia re Item K.5.1 (Seashore Management, tla Laverne's). This is an ordinance to grant franchise agreements for open air cafes (Item K.5). Councilman Uhrin advised this Disclosure and Abstention is with respect to one of those fourteen franchises: that of Seashore Management, tla Laverne's for operation of a Connector Park Cafe' at 701 Atlantic Avenue. Councilman Uhrin is an employee of Burlage Management Corporation, located at 801 Atlantic Avenue. The applicant, Seashore Management, is an affiliate of Burlage Management Corporation. Councilman Uhrin's correspondence of April 28, 2009, is hereby made a part of the record. April 28, 2009 I II II I - 14 - AGENDA RE VIE W SESSION ITEM # 58730 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT: L. PLANNING 1. Application of ROBERT BURKEfor the Expansion ofa Nonconforming Structure at 5504 Ocean Front Avenue re a second and thirdfloor addition and an addition to the existing detached garage. DISTRICT 5 - LYNNHA VEN 2. Variance to ~4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for SYL VIA ESTES to create three lots on 34.05 acres at 1628 Mill Landing Road. DISTRICT 7 - PRINCESS ANNE 3. Application of MCRJERS, LLC for the closure of an unimproved right- of-way portion of Windsor Crescent, 3868 Jefferson Boulevard. DISTRICT 4 - BAYSIDE 4. Application of REFORMED BAPTIST CHURCH OF VIRGINIA BEACH for a Conditional Use Permit re a church at portions of 2230, 2234 and 2240 Salem Road and a parcel abutting the rear property line. DISTRICT 7 - PRINCESS ANNE 6. Application of BUDDHIST EDUCATION CENTER OF AMERICA, INC.for Modification of Conditions (approved by City Council on August 28, 2007 [Thanh Cong Doanj), to extend the term and conditions of the 2007 permit at 4177 West Neck Road re religious services. DISTRICT 7 - PRINCESS ANNE 7. Application of RICHARD S. DAILEY for Modification of Condition No. 2 (approved by City Council on June 9, 1986, September 14, 1987 and August 14, 1989) at 1094 Diamond Springs Road re enlarging the existing animal hospital. DISTRICT 4 - BAYSIDE 8. Application of VIRGINIA BEACH INK (Ben Johnson)for Modification of Conditions (approved by City Council on September 23, 2008) at 612 Nevan Road, Suite 114 to add body piercing and permanent make-up applications. DISTRICT 5 - LYNNHA VEN April 28, 2009 : i II II I - 15 - AGENDA RE VIE W SESSION ITEM # 58730 (Continued) 10. Ordinance to AMEND Appendix C, Site Plan Ordinance, Section 5B, re floodplains and comply with the requirements of the National Flood Insurance Program. Item L.l (ROBERT BURKE) will be DEFERRED, BY CONSENT until the City Council Session of May 12, 2009. Item L.3. (MCRJERS, LLC) will be DEFERRED INDEFINITELY, BY CONSENT Item L.4 (REFORMED BAPTIST CHURCH OF VIRGINIA BEACH) will be DEFERRED, BY CONSENT, until the City Council Session of May 12, 2009. RECESS 2:36 P.M. to 3:00 P.M. April 28, 2009 i i I II I - 16- CITY COUNCIL WORKSHOP VIRGINIA BEACH CITY PUBLIC SCHOOLS PROPOSED RESOURCE MANAGEMENT PLAN FY 2009-2010 Operating Budget FY 2009-2010 Capital Budget 3:00 P.M. ITEM # 58731 Mayor Sessoms and Vice Mayor Jones met with Dr. Daniel D. Edwards, Chairman, and Rita Sweet Bellitto, Vice Chair - Virginia Beach School Board, Dr. James G. Merrill - Superintendent and the City Manager. Mayor Sessoms expressed appreciation to the Virginia Beach City Public Schools for their support of the Operating and Capital Budget. Mayor Sessoms and Vice Mayor Jones will be recommending "lump sum" funding during the Budget Reconciliation Workshop. Chairman Edwards offered the Operating Budgetfor Fiscal Year 2009-10for consideration, an amended second year of the Biennium based on the Governor's proposed budget released in December 2008. The School Board and School administration are in the unenviable position of offsetting a $55.6-MILLION shortfall in State and Local funds while at the same time maintaining the high level of service that our stakeholders have come to expect. The Stimulus fund basically put back $22.1-M1LL10N The majority of these unds will add back in the Ca ital1m rovement Pro am. Schools have a su lcient reserve fund. School Reserve Fund . Why is the Money Available? . Eliminated Positions and Temporary Employment Contracts . Revised Overtime Policy and Health Care Eligibility . Strengthened Energy-saving Program . Extended Bus Replacement Cycle . Reduced Departmental Budgets . Savings = $14-MILLION Chairman Edwards mentioned the painful decision of closing the Plaza Elementary School, however this resulted in Annual Savings (~f$1.2-MILLION and Replacement/Renovation Savings of$20-MILLION April 28, 2009 I i I II I - 17 - CITY COUNCIL WORKSHOP VIRGINIA BEACH CITY PUBLIC SCHOOLS PROPOSED RESOURCE MANAGEMENT PLAN FY 2009-2010 Operating Budget FY 2009-2010 Capital Budget ITEM # 58731 (Continued) What Can You Do? . Grant Lump Sum Funding . Maintain Current Revenue-Sharing Formula The Revenue-Sharing Formula has been reducedfour (4) times. The current ratefor Schools is 5I.3%. The Current Revenue-Sharing Formula is maintained because of declining State Basic Aid. Why Maintain the Current Formula: . Standards of Learning (SOLs) - Late 90 's . No Child Left Behind (NCLB) - 2001 Increasinf! NCLB Benchmarks · 100% student proficiency by 2013-2014 · Require new and additional academic supports and intervention Risinf! Operational Costs (i.e. Electricity Costs) 2008 -Janua 2009* $1 I-MILLION Jul 2007 - Janua 2008 $IO-MILLION * Reduced Use by 10% Demographics - Increasing Student Needs: . Free and Reduced Lunch Homeless 1,140 Children 39% this year . Special Education Autism 132% Eight (8) New Positions Capital Needs - Aging Infrastructure Any change should be the product of a public process What the Budget does not do No investment in our people Needs are huge for some April 28, 2009 "I - 18 - CITY CO UNCIL WORKSHOP VIRGINIA BEACH CITY PUBLIC SCHOOLS PROPOSED RESOURCE MANAGEMENT PLAN FY 2009-2010 Operating Budget FY 2009-2010 Capital Budget ITEM # 58731 (Continued) Dr. James G. Merrill, Superintendent - Virginia Beach City Public Schools, advised absent the American Recovery and Reinvestment Act (ARRA) Funding (Economic Stimulus), these budgets would have been "bare bones" spendingplan. Over the last seven (7) years, our Schools have educated the largest number of child abuse victims in the State. The number of homeless children is increasing. Proven Investment . Compass to 2015: A Strategic Planfor Student Success Virginia Beach City Public Schools Operating Budget How to Strike the Balance Prudent Spending Staff Recruiting and Retention Cost Saving Measures Capital Improvements American Recovery and Reinvestment Act (ARRA) Funds Student Needs Excellent Return on Investment Of the Eighty-one (81) Schools in Virginia Beach, Sixty-three (63) Schools earned Awards of Excellence. The Prestigious Governor's Award was received by eight (8) schools in Virginia Beach: Creeds, Green Run, John B. Dey, Kingston, Strawbridge and Trentwood Elementary, Old Donation and Kemps Landing Magnet. 2008 Title 1 Distinguished Schools: Green Run Elementary School Plaza Elementary School Rosemont Elementary School Windsor Oaks Elementary School Newsweek Magazine's Top High Schools in the Nation Princess Anne Ocean Lakes Cox First Colonial Kempsville Landstown 4,081 Technical Career Education (TCE) Industry Certifications Workplace Readiness 1,388 Assessments Passed Virginia Beach City Public Schools leads the Commonwealth $24.5-MILLION in Scholarships April 28, 2009 II II III - 19- CITY COUNCIL WORKSHOP VIRGINIA BEACH CITY PUBLIC SCHOOLS PROPOSED RESOURCE MANAGEMENT PLAN FY 2009-2010 Operating Budget FY 2009-2010 Capital Budget ITEM # 58731 (Continued) Cohort Dropout Rate 510 505 500 495 490 485 480 475 470 465 Critical Reading Apri/28,2009 i II "I I - 20- CITY COUNCIL WORKSHOP VIRGINIA BEACH CITY PUBLIC SCHOOLS PROPOSED RESOURCE MANAGEMENT PLAN FY 2009-2010 Operating Budget FY 2009-2010 Capital Budget ITEM # 58731 (Continued) SOL Pass Rates r African American Males Reading Math 90 80 70 80 50 40 30 20 10 o 102006-20071 .2007-2001 Percentage of AP Exams with a Score of 3 or Higher Percentage of African American ~tudents Taking AP Exams April 28, 2009 II I - 21 - CITY COUNCIL WORKSHOP VIRGINIA BEACH CITY PUBLIC SCHOOLS PROPOSED RESOURCE MANAGEMENT PLAN FY 2009-2010 Operating Budget FY 2009-2010 Capital Budget ITEM # 58731 (Continued) Building the Budget $55.6-MILLION $22-MILLION City Shortfall + $7.6-MILLION Cuts $24.7-MILLION State Shortfall Necessary Sacrifices Overview of ARRA Three (3) funding components 1. State Fiscal Stabilization Fund (SFSF) $22.1-MILLION (2009/10) 2. Title L Part A $9.2-MILLION* 3. IDEA, Part B $17.2-MILLION* *Over two years ARRA Rules and Restrictions What Is Permissible? State Fiscal Stabilization Fund (SFSF) · Activities authorized under the Elementary and Secondary Education Act of 1965 (ESCA) · Activities authorized under Impact Aid Program · Construction of new school facilities, modernization, renovation, and repair of existing facilities Title 1 · Professional development · Changes to school schedules · Longitudinal data systems · Instructional Coaches · Expanded learning opportunities IDEA . Assistive technology Professional development Data systems Pre-school options . . . April 28, 2009 II II II I - 22- CITY COUNCIL WORKSHOP VIRGINIA BEACH CITY PUBLIC SCHOOLS PROPOSED RESOURCE MANAGEMENT PLAN FY 2009-2010 Operating Budget FY 2009-2010 Capital Budget ITEM # 58731 (Continued) Tony Arnold, Director of Facilities, Planning and Construction - Virginia Beach City Public Schools, advised relative Plaza Elementary School. Mr. Arnold does not believe many School Divisions could close a school building and then send one-half of the students to a brand new building next door and the other 'half to another brand new building which would open this September. Mr. Arnold detailed the Capital Improvement Program FY 2009/10 - 2014/15. Cuts Likely to Remain Employee Raise GASB Set Aside Year-Round Schools Galaxy Program Behind the Wheel A VID Expansion Reduced Summer Capital Projects Misc. Reductions & Energy-Savings -$17.8-MILLION -$ 2.9-MILLION -$ 1,092,061 -$ 937,550 -$ 625,978 -$ 317,501 -$ 300,000 - $ 8.1MILLION Total-$32.1 MILLION Capital Improvement Program 209/10- 2014/15 Assumptions · Lottery Funds, State Construction Grants and PAYGO Funding removed in FYs 2009/10, 2010/11 and 2011/12. · School Reserve (City) of$13,936,308 provided in FY 2009/10. · Lottery Funding, State Construction Grants and P AYGO Funding restored to 1/3 in FY 2012/13, 2/3 in FY 2013/14 and 100% in FY 2014/15. · Additional Performance Contracts Funding of $5,000,000 included in FYs 2012/13 and 2014/15. Table 2 relative the Total Project Costs (Renovations - Replacements) Capital Improvement Program FY 2009/10-FY 2014/15 is hereby made apart of the record April 28, 2009 II E ca I.- 0) o I.- a. anN ~ ~J!! ...... ~ .c Cons (l)N.... 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": ;:: ." ~ ... i ~ l ... !. ... i! ~ ~ l!! ~ c W II': Z <:I ~ ~ ~ 5 II II II I - 23 - CITY COUNCIL WORKSHOP VIRGINIA BEACH CITY PUBLIC SCHOOLS PROPOSED RESOURCE MANAGEMENT PLAN FY 2009-2010 Operating Budget FY 2009-2010 Capital Budget ITEM # 58731 (Continued) Funding Summary Capital Improvement Program Virginia Beach City Public Schools Funding Sources 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 State Construction Grants $ $ $ $ 216,667 $ 870,461 $ 1,305,692 Lottery Funds $ $ $ $ 2,940,167 $ 5,156,205 $ 7,734,308 Sandbridge $ 4,617,000 $ 4,617,000 $ 4,617,000 $ 4,617,000 $ 4,617,000 $ 4,617,000 Proposed Debt Allocation $ 31,316,018 $ 29,923,024 $ 29,923,024 $ 33,300,000 $ 32,300,000 $ 32,300,000 Anticipated Paygo Amount $ $ $ $ 4,645,436 $ 9,290,872 $ 13,936,308 School Reserve (City) $ 13,936,308 $ $ $ $ $ Interest Earned $ 2,500,000 $ $ $ $ $ Performance Contracts $ $ $ $ 5,000,000 $ $ 5,000,000 Total Funding $ 52,369,326 $ 34,540,024 $ 34,540,024 $ 50,719,270 $ 52,234,538 $ 64,893,308 Assumes State Construction Grants, Lottery Funds and PayG-o of -0- in years one, two and three. Assumes that fulldmg in these three categories is restored by 1/3, 2/3 and 100% of what was projected in years fuur, five and six. Assumes additional Perfonnance Contracts Funding of$5,000,000 in years 4 & 6 Impacts · All Renovation-Replacements (Infrastructure Maintenance) Projects Protected · Kellam High School Replacement delayed two years (20015 vs. 2013). · Princess Anne Middle School Replacement delayed two years (2017 vs. 2015). · John B. Dey Elementary School Modernization delayed on year (2017 vs. 2016) · Old Donation Center Modernization delayed one year (2018 vs. 2017). April 28, 2009 II I - 24- ITEM # 58732 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 Performance of Council 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 Princess Anne District Bayside/Beach District Lynnhaven District Lynnhaven District Upon motion by Councilman Uhrin, seconded by Councilman Villanueva, City Council voted to proceed into CLOSED SESSION at 3:58 P.M. April 28, 2009 II I - 25 - ITEM # 58732 (Continued) 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 1. Wood Council Members Voting Nay: None Council Members Absent: None (Closed Session: 3:58 P.M. - 5:38 P.M.) (Dinner: 5:38 P.M. - 5:58 P.M.) April 28, 2009 I II II II - 26- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL April 28, 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, April 28, 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: Father James Pavlow St. Nicholas Greek Orthodox Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a "personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record 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 agendafor each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record April 28, 2009 II II II II - 27- 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. 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. April 28, 2009 i I II I - 28- Item V-Eo CERTIFICATION ITEM # 58733 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, 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 April 28, 2009 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 #58732, Page 24, 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. ~ Hodges Fraser, MMC City Clerk April 28, 2009 I' I II i - 29- Item V-F.1 ITEM # 58733 Upon motion by Councilman Villanueva, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of April 14, 2009. Voting: 10-0 Council Members Voting Aye: 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 Abstaining: Glenn R. Davis Council Members Absent: None Councilman Davis ABSTAINED as he was not in attendance during the City Council Session of April 14,2009, (Grandfather's Funeral Services). April 28, 2009 II I - 30 - Item V-F.2 ITEM # 58734 Upon motion by Councilman Villanueva, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION/ PUBLIC HEARING (Budget) of April 16, 2009. Voting: 10-0 Council Members Voting Aye: Robert M Dyer, William R. "Bill" DeSteph, Harry E. Diezel, Glenn R. Davis, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Rosemary Wilson Council Members Absent: None Council Lady Wilson ABSTAINED as she was not in attendance during the SPECIAL FORMAL SESSION/ PUBLIC HEARING (Budget) of April 16, 2009. April 28, 2009 I i I II I - 31 - Item V-G.1a. PRESENTATIONS ITEM # 58735 Delegates Harry Purkey, Sal Iaquinto and Barry Knight PRESENTED: HOUSE JOINT RESOLUTION NO. 833 COMMENDING THE HONORABLE MEYERA E. OBERNDORF Mayor - City of Virginia Beach 1988 to 2008 Mayor Oberndorf was the first directly elected Mayor and the first woman Mayor in the history of Virginia Beach. She was first elected to the Virginia Beach City Council in 1976, as the first woman elected to public office in the City and she Chaired the Public Library Boardfor nine (9) years. Meyera Oberndorf helped establish the Virginia Beach Human Rights Commission. During her tenure, Mayor Oberndorf emphasized the importance of economic development; supported E-Government, which resulted in the City being recognized as the top digital City in 2004 and helped to implement initiatives that created over 30,000 area jobs. Mayor Oberndorf served as a Trustee of the United States Conference of Mayors, member of the National League of Cities' Advisory Board and the Advisory Committee of the Virginia Institute of Government, President of the Virginia Municipal League; and, as a Board Member of the Hampton Roads Partnership and the Economic Development Alliance. Mayor Oberndorfwas recognized by NEWSWEEK Magazine as one of the twenty-five (25) most dynamic Mayors in the United States. She has received numerous awards and accolades, including Outstanding Woman of Virginia by the American Legion Auxiliary; Newsmaker of the Year by the Virginia Press Women; Women's Achievement Award by the Zonta Club; Hampton University President's Citizenship Award; Leadership Award by the International Economic Development Council; and, the Humanitarian Awardfrom the National Conference of Christian and Jews. April 28, 2009 II I, II i - 32 - Item V-G. 1 b. PRESENTATIONS ITEM # 58736 Delegates Barry Knight, Harry Purkey and Sal Iaquinto PRESENTED: HOUSE JOINT RESOLUTION NO. 918 COMMENDING REBA S. MCCLANAN 1980 to 2008 Reba S. McClanan was always actively involved in the community and committed to improving the quality of life for her fellow residents. Mrs. McClanan decided to run for office and use her time and talents. Since 1980, Reba McClanan has served six (6) four-year terms on the City Council, including a term as Vice Mayor from 1984 -1986. Known as the "voice for the underdog", Reba McClanan worked diligently over the years for her constituents. Reba McClanan has served as President of the Virginia Beach Council of Civic Organizations, the Virginia Beach Council of Garden Clubs, the Virginia Beach Friends of the Library, the Virginia Urban Forest Council and Friends of the Francis Land House. She also Chaired the Hampton Roads and Southeastern Planning District Commissions. Reba McClanan founded the Virginia Beach Clean Community Commission and is a Member of the Board of Directors of the Virginia Beach Beautification Commission and the City's Color Committee. She has served as a Member of the University of Virginia Continuing Education Advisory Committee, Board Member of the Mary Ellen Cox Center for Elderly Day Care, Virginia Beach Court Docent for twenty (20) years and is a member of the Advisory Board of the Girl Scouts Council of America. Reba McClanan has won numerous awards over the years for her dedication to public service, including the NAACP "Image Award" for community service, Virginia Beach Human Rights Award, Most Valuable Person Award from the Princess Anne Plaza Civic League, Virginia Beach Council of Garden Clubs Award of Distinction and the Toastmasters District 66 award for Leadership in Public Service. April 28, 2009 II I III - 33 - Item V-G.1c. PRESENTATIONS ITEM # 58737 Senator Frank Wagner PRESENTED: SENATE JOINT RESOLUTION NO. 366 COMMENDING MARYC. RUSSO Volunteer Coordinator since late 1970's Mary Russo has been the City Council's tireless Volunteer Coordinator since the last I970s. Mary Russo began as a Volunteer with the Virginia Beach Volunteer Emergency Services along with afew volunteers assigned to the Virginia Beach Library Department. Today, due to Mary Russo's excellent recruitment, the Virginia Beach Library Department is manned by five hundred (500) volunteers who work at the City Library in several shifts. Mary Russo has encouraged more than thirty (30) departments to utilize the efforts of enthusiastic and trained volunteers who work alongside City employees every day. For the past five (5) years, Mary Russo provided extensive training as well as her considerable expertise to assisting the Virginia Beach Volunteer Program's Sister City of Miyazaki, Japan, in establishing its own successful Volunteer program. Last year, 19,349 City Volunteers worked nearly 1. I-MILLION hours. It would have taken five hundred nineteen (519) paid staff valued at over $13. I-MILLION to accomplish what they didfreely in the service of others. Mary Russo was honored at a gala celebration of the 3dh Anniversary of the City of Virginia Beach Volunteer Resources held in the Volunteer Garden at the Virginia Beach City Hall on September 30, 2008. April 28, 2009 : I I II I - 34 - Item H.1. PUBLIC HEARING ITEM # 58738 Mayor Sessoms DECLARED A PUBLIC HERING: FY 2009-2010 RESOURCE MANAGEMENT PLAN FY 2009-2010 Operating and Capital Budgets The following speakers registered to speak: Marie Waters, Endependence Center, 6300 East Virginia Beach Boulevard, Phone: 461-8007, has driven a Virginia Beach School bus for handicapped children for 17 years. Ms. Waters requested continued support of the Endependence Center. Ceclia Patterson, Endependence Center, 6300 East Virginia Beach Boulevard, Phone: 461-8007, possesses a silent disability (a rare retinal degenerative disease). She previously worked as a Designer and Litigation Paralegal. Her Counselor at Endependence Center advised her of the advancements in technology for the sight impaired which has given her new opportunities. Stephen Johnson, Executive Director, Endependence Center, 6300 East Virginia Beach Boulevard, Phone: 461-8007. Mr. Johnson expressed appreciation, on behalf of the 1200 individuals served by the Endependence Center, for the City's support. Over the years, Endependence Center has always served the most individuals in Norfolk. However, for the first year, Endependence Center is now serving the majority of individuals from Virginia Beach. Kim Amos, 2311 Sandollar Court, Phone: 271-2818, resident and small business owner of a manufacturing company that is struggling. Ms. Amos expressed concern re the number of tax bills received and funds expended for tourism and economic development. Caroline DeSilva, 521 Coastal Drive, Phone: 724-5452, thirty-year resident, spoke re additionalfundingfor Animal Control. The conditions of the fac ility are deplorable. The building was closedfor two (2) months because of Parvo. There are available facilities in this City which might be put to better use. New land does not need to be purchased Seventeen (17) parcels are available in the event the City still prefers to build James Frost, 2240 Wyndom Place, Phone: 343-6768, active participant in the Animal Welfare community for six (6) years. Mr. Frost spoke re the need for a new Animal Shelter. Virginia State Code does require City Governments to have or operate an Animal Shelter and states it must be in compliance with requirements set by the State Veterinarian. Keith Arnold, 1704 Eastborne Drive, Phone; 721-2543, Supervisor of the Fire and Life Safety Educaiton Office. Mr. Arnold expressed concern re the proposal to eliminate one (1) position from the Life Safety Education, equating to less than one- tenth of 1% of the Fire Department budget (less than $50,000). Young children and older adults are the greatest risk for loss of life and energy due to fire. Over 1,680 fewer senior citizens will receive fire andfault prevention education, as well as over 1200 preschoolers. One-third of the child safety training program will be lost. Elaine Swarts, 5433 Hunt Club Drive, Phone: 478-2053, spoke. in support of a new Animal Control Shelter. A year ago City Council proposed to make Animal Control an "adoption friendly " shelter. Nothing has changed Thefacility has not been in compliance with the State for over a year. William Stephany, 404 Pallets Road, Phone: 486-4828. At the present time, the Federal Government is trying to tempt cities into making foolishfinancial decisions. Mr. Stephany urged the City Council to maintain a soundfinancial outlookfor the future. The City needs to be prudent and cautious. Scott Crawford, 4320 Country Club Circle, Phone; 216-4983, Volunteer with the Rescue Squad and Adam Thoroughgood House. The tax rate assessment and mill rate increased afew years ago and has almost tripled the amount aftaxes paid on his house and rental properties. Trish Duncan, 4617 Thoroughgood Drive, Phone: 333-1743, life-long resident of Virginia Beach and ten-year Volunteer with the Historic Houses of Virginia Beach. Mrs. Duncan expressed concern re the proposal to eliminate the Museum 11 Educator position. The Union Kempsville High School Museum is an amazing and exciting proposal. April 28, 2009 II II II I - 35 - ItemH.l. PUBLIC HEARING ITEM # 58738 (Continued) Kevin Crofton, 2513 Long Creek Drive, Phone: 481-5144, 17-year resident, advised tourism in the area seems to take precedence over the citizens. Laurice M Yarn, Secretary, Princess Anne Country Training School, and member-Union Kempsville High School Historical Committee, 718 Weymouth, spoke in support of Union Kempsville High School being properly funded. Ms. Yarn was a member of the 1965 Class of Union Kempsville High School. Ms. Yarn requested City Council reconsider restoring $65,000 to the City's Fiscal Year 2010 Operating Budget. to allow the Department of Museums staff provide daily oversight of this 'jrecious commoditY' for the City (Union Kempsville and Princess Anne County Training School). Margie Coefield, Chair - Princess Anne County Training School/Union Kempsville High School Historical Committee, and member of the Class of 1962 Union Kempsville High School, 229 Coachman Drive, Chesapeake, Phone: 467-3004. Ms. Coefield was excited to learn that Virginia Public Schools plan to keep the legacy alive by incorporating a Museum within the new Renaissance Academy. From research by the School Division, it appears that the new Museum would be the first historical attraction to recognize the existence and contributions of African Americans in Princess Anne County (now Virginia Beach.) Kristen Cooper, 2308 Paragon Court, Phone: 478-4008, eight-year resident, expressed concern. Since 2000, the Budget has increased over $700-MlLLION (60% increase). The City's debt has grown to well over $l-BILLION. However, since 2000, the average cost of living has remained approximately 3% each year, while the City's population growth has remained very modest. Bobbie Gribble, 820 Jennings Street, Phone: 420-7677, spoke in support of a new Animal Control facility, expressed appreciation for hiring a Shelter Director, the vaccination protocol and the approval of an Architect. Reid Greenmun, 2405 Cliff Cutter Drive, Phone: 615-4533, 10-year speaker on the Budget. Mr. Greenmun was encouraged by the participation at the Tea Party at Town Center (over 800 citizens attendedfor tax relief). Mr. Greenmun advised, since 2000, there has been a $700-MlLLION increase in this budget but salaries have not increased. Dan Baxter, 2011 Drumheller Court, Phone: 495-7224, Chairman-Clean Community Commission, comprising 10,000 plus Volunteers. Mr. Baxter spoke re cleaning up the Jones Memorial Park, an African American Cemetery, with 148 volunteers removing 16 tons of debris. Robert Dean, 1204 Shawn Drive, Phone: 427-6606, expressed concern re fiscal reports from the Virginia Beach Tax Payers Alliance not being acknowledged. Only Council Members Dyer and DeSteph have responded. In the year 2000, the City's population was 425,000 and is now 431,000 (1.46% increase). While tax reliefwas needed, the Budget increased. In 2000, the taxpayer's burden was $1.069-BILLION and today it has increased to $1.8-BILLION. Maida Gutterman, 1628 Dey Cove Drive, Phone; 481-2677, represented Friends of Animal Control. Strides have been made such as increasing adoptions, the recruitment of a new Animal Care Director and implementing vaccinations. A new Animal Care Shelter is a high priority. Between January 1 and April 8, 2009, six hundred thirty-six (636) animals have been euthanized. Zachary Miller, 2302 Page Court, Phone: 305-7832, 12-year resident. The citizens need tax relief Since 2000, the City debt has grown to well over $l-BILLION. Tina Pittman, 611 Surry Street, Portsmouth, Phone: 397-2070, Board Member of Animal Rescue of Tidewater, adamant supporter of the Friends of Virginia Beach Animal Control. This shelter has been ignoredfor thirty (30) years. Robert F. Hedrick, 1132 Blackburn Lane, Phone: 460-0136, referenced a comment being made during the 2008 Election about a Referendum for Light Rail. Apparently, this is not going to occur. It appears approximately $40-MlLLION has been expended on the rights-of-way to Norfolk Southern. William Liverman, 2252 Chadwick Drive, Phone: 222-0419, Fourth Grade Educator in the Virginia Beach School system and an Ordained Minister. Mr. Liverman requested the hiring of a Historic Educator for the Virginia Beach Historic Houses andfundingfor the Union Kempsville High School Museum. April 28, 2009 II I - 36 - Item H.I. PUBLIC HEARING ITEM # 58738 (Continued) Leigh Penner, 1624 Dey Cove Drive, Phone: 333-5012, President - Friends of Virginia Beach Animal Control, advised as of this month the animals are finally getting vaccinated and a compassionate Animal Director is being hired. Claude A Morton, 437 Caren Drive, retired Police Officer, spoke in behalf of the Consumer Affairs' Office in the City. Mr. Morton utilized their services concerning sloppy workmanship re construction of afence. Consumer Affairs solved the problem and the fence was fixed. Kim DeMarco, 2833 Princess Anne Road, Phone: 237-1556, appreciates the City Council reciting the Pledge of Allegiance at the start of the Session. Ms. DeMarco expressed concern re the practice being abandoned in Schools and Government bodies. Spending is out of control. Cara Mandart, 2436 Pitchfork Way, Phone; 430-1376, 6-year citizen of Virginia Beach, spoke re the needfor a new animal shelter facility. Marketing needs to be developed to encourage adoption of these animals now. Judy Connors, 3958 Whispering Oaks, Phone; 464-3640, expressed appreciation for the students on this Historic Preservation Commission. Three (3) historic houses are now owned and operated. The City Council adopted the report of the Historic Sites Organizational Committee, which calledfor a Foundation to be created and an Historic Preservation Commission. Ms. Connors urged the needfor additional Museum Educators and to restore thefundingfor at least one. Marjorie Smallie, 3912 Richardson, Phone: 464-4818, spoke re Historic Resources and the responsibility to protect and preserve our Nation's beginnings. Joyce K. Martin, 1128 Barrs Road, Phone: 724-0711, requested to all property owners and residents of the Burton Station to stand. The residents are most appreciative of the funds expended with Urban Design Associates. Ms. Martin requested some of the Budgetfor 2009 and 2010 be properly appropriatedfor quality-of-life needs. There are only a half-dozen street lights in the whole community. Sewer systems are backing up even with proper maintenance. Sewage and City water hook-up is necessary as well as eliminating the water wells and septic systems. Ray Sides, 501 General Booth Boulevard (Rudee Heights), Phone: 425-5614, business owner for 30-years. expressed concern re city spending (Phase IV Town Center, Norfolk-Southern right-of-way, Laskin Road project re 3rt Street). John D. Moss, 4109 Richardson Road, Phone: 363-7745, spoke re the Virginia Beach Taxpayers Alliance Pro Prosperity Agendafor beachfamilies and businesses. Family and businesses lack the financial capacity in terms of discretionary income, purchasing power and liquidity. The biggest impediment for restoring the financial capacity of families and businesses at the local level is excessive City spending. Lonald S. Casino, 5613 William and Mary Court, Phone: 490-1260, Board Member ofa rather large Homeowners Association. This year, there have been an abnormally large number of individuals late in their investment. The number of houses in the neighborhood have changed from "For Sale" to "For Rent". Carl Wright, 1144 Mondrian Loop, Phone: 235-5596, spoke re the City's most prized possessions, the children. Mr. Wright spoke about the lack of recreation in the Baker Corridor of Virginia Beach. Mr. Wright advised the recreational facility would take between seven to ten years, if the funding was approved. $800,000 was expended for design. Georgia F. Allen, 4649 Merrimac Lane, Phone: 439-3390, President- Virginia Beach Branch of the NAACP (National Associationfor the Advancement of Colored People), expressed concern re the Baker Road Corridor and the lack of a Recreation Center. Her niece was shot and killed last year. Sandy Linkous, 5225 South Lake Road, Phone: 464-1947, Member - Virginia Beach Taxpayers Alliance, advised she would continue reading Robert Dean's remarks. Road construction funds are being derived from the rainy day fund to finance the vision of a private developer re Thirty-first Street. Ms. Linkous invited all to attend Virginia Beach Taxpayers' Alliance meeting on the Fourth Saturday of every month, 9:00 A.M at the Marion Manor Retirement Center. There being no further speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. April 28, 2009 I, I - 37 - Item H.2. PUBLIC HEARING ITEM # 58739 Mayor Sessoms DECLARED A PUBLIC HEARING: OPEN AIR CAFE LEASES - Resort Area City-owned properties There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. II I Apri/28,2009 II I, II i - 38 - Item H.3. PUBLIC HEARING ITEM # 58740 Mayor Sessoms DECLARED A PUBLIC HEARING: INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easement 1601 Nanneys Creek Road There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. April 28, 2009 II - 39 - Item V-L ADOPT AGENDA FOR FORMAL SESSION ITEM # 58741 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION April 28, 2009 II II II I - 40- Item V-K. ORDINANCES/RESOLUTIONS ITEM # 58742 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1, 2,3,4,5 a-n, 6a/b, 7 a-h, 8, 9 and 10 of the 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 Councilman DeSteph DISCLOSED and will ABSTAIN pursuant to Section 2.2-3115(E), Code of Virginia, re Item K.3 (William R., Jr. and Cheryl L. Sanford re ARP easement) Councilman DeSteph will ABSTAIN as it affects the value of property he owns. Councilman Uhrin DISCLOSED and will ABSTAIN pursuant to Section 2.2-3115(E), Code of Virginia re Item K.5.1 (Seashore Management, tla Laverne's). This is an ordinance to grant franchise agreements for open air cafes (Item K.5). Councilman Uhrin advised this Disclosure and Abstention is only with respect to the franchise for Seashore Management, tla Laverne's for operation of a Connector Park Cafe' at 701 Atlantic Avenue. Councilman Uhrin is an employee of Burlage Management Corporation, located at 801 Atlantic Avenue. The applicant, Seashore Management, is an affiliate of Burlage Management Corporation. Councilman Uhrin's correspondence of April 28, 2009, is hereby made a part of the record April 28, 2009 II II, II - 41 - Item V-K.1. ORDINANCES/RESOLUTIONS ITEM # 58743 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AMEND Section 2-5 of the City Code re the Historic Preservation Commission by adding two high school students as non- voting members. 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 April 28, 2009 II II III 1 AN ORDINANCE TO AMEND SECTION 2-5 2 OF THE CITY CODE PERTAINING TO THE 3 VIRGINIA BEACH HISTORIC 4 PRESERVATION COMMISSION 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 9 That Section 2-5 of the City Code is hereby amended and reordained to read as 10 follows: 11 12 Sec. 2-5. Historic preservation commission. 13 14 (a) There is hereby created the Virginia Beach Historic Preservation Commission for 15 the purpose of advising city council and the departments of museums and planning on 16 all issues related to the preservation of historic buildings, structures, and sites located in 17 the City of Virginia Beach. The mission of the commission shall be to preserve, protect 18 and maintain the historic identity of Virginia Beach and the former Princess Anne 19 County through a program of advocacy and increased public awareness and 20 involvement. 21 22 (b) The commission shall consist of at least nine (9), but not more than fifteen (15), 23 members, with expertise in the fields of architecture, archaeology, and history. The 24 commission shall include at least one (1) representative from the Princess Anne 25 CountyNirginia Beach Historical Society. The commission also shall include two (2) 26 Virainia Beach hiah school students who shall be non-votina members. The 27 commission shall interview candidates for the student membership positions and make 28 recommendations to city council, which shall make the appointments. The votina 29 members of the commission shall be appointed by the city council to serve terms of 30 three (3) years, and the student members shall be appointed to terms of one (1) year. 31 pro):ided, hO'.\lever, that the initial appointments shall be made as follolNS: throe (3) 32 members shall be appointed for a term of one (1) year, throe (3) members for a term of 33 (2) yearc, and the remaining memberc for a term of throe (3) years. 34 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 28th day of April, 2009. I; II II APPROVED AS TO LEGAL SUFFICIENCY: ;::P~ ~ City Attorney's Office CA11119 R-2 April 17, 2009 II II II - 42- Item V-K.2. ORDINANCES/RESOLUTIONS ITEM # 58744 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE the acquisition of 13.583 acres of the Lake Lawson Phase II property from the City of Norfolk for open space and a 4.4-acre portion of the property to be used perpetually as a public outdoor recreation area and APPROPRIATE $2,860,000 for this purchase 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 April 28, 2009 II II II 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF APPROXIMATELY 13.583 3 ACRES OF REAL PROPERTY LOCATED 4 ADJACENT TO LAKE LAWSON IN VIRGINIA 5 BEACH FOR $2,860,000 FROM THE CITY OF 6 NORFOLK 7 8 WHEREAS, the City of Norfolk ("Norfolk") owns 13.583 acres of real property 9 located adjacent to Lake Lawson in the City of Virginia Beach, Virginia (the "Property"); 10 11 WHEREAS, Norfolk desires to sell the Property to the City of Virginia Beach (the 12 "City"); 13 14 WHEREAS, the purchase price of the Property is $2,860,000; 15 16 WHEREAS, the City's Open Space Advisory Committee has identified the Property 17 as a parcel to be considered for acquisition as part of the City's Open Space initiative, and 18 has recommended that the Property be acquired for such purposes; 19 20 WHEREAS, the City Council of the City of Virginia Beach, Virginia (the "City 21 Council") is of the opinion that the acquisition of the Property would further the City's Open 22 Space initiative; and 23 24 WHEREAS, funding for this acquisition is available in the Open Space Acquisition 25 CIP account (CIP 4-004). 26 27 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 28 VIRGINIA: 29 30 1 . That the City Council authorizes the acquisition of the Property pursuant to 31 915.2-1800 of the Code of Virginia (1950), as amended, which Property is shown as the 32 "Lake Lawson Phase II Property" on Exhibit A attached hereto. 33 34 2. That the City Manager or his designee is further authorized to execute all 35 documents that may be necessary or appropriate in connection with the purchase of the 36 Property, so long as such documents are in accordance with the Summary of Terms 37 attached hereto as Exhibit B and made a part hereof, and such other terms and conditions 38 deemed necessary and sufficient by the City Manager and in a form deemed satisfactory 39 by the City Attorney. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of 42 Apri 1 ,2009. i i I II APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Dep~tion CA-11 011 V '\applications\citylawprod\cycom3 2\ WpdocslDO 15\P004\00009363 .DOC R1 April 16, 2009 II II III EXHIBIT B SUMMARY OF TERMS AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF APPROXIMATELY 13.583 ACRES OF REAL PROPERTY LOCATED ADJACENT TO LAKE LAWSON IN VIRGINIA BEACH FOR $2,860,000 FROM THE CITY OF NORFOLK OWNER: City of Norfolk ("Norfolk") BUYER: City of Virginia Beach (the "City") ZONING: R-40 AICUZ: N/A SALE PRICE: $2,860,000 at Settlement by certified check or wired funds DEPOSIT: $5,000 due upon the City's execution of the Purchase Agreement DUE DILIGENCE PERIOD: Period of 90 days immediately following full execution of the Purchase Agreement. City shall have the right to terminate the Purchase Agreement (and receive a refund of the Deposit) if Norfolk does not cure any unsatisfactory items discovered by the City during the Due Diligence Period. SETTLEMENT DATE: 60 days after expiration of the Due Diligence Period (which is equal to approximately 150 days after full execution of the Purchase Agreement) SOURCE OF FUNDS: CIP 4-004 Open Space Program Site Acquisition Project SPECIAL TERMS AND CONDITIONS: · Norfolk shall have the right to repurchase the property if the City proposes to sell the Property to an independent third party or accepts a proposal to acquire the Property from an independent third party. The purchase price for Norfolk would be the same as the respective proposal. II I II I . Property must be conveyed free and clear of all leases, tenancies and rights of possession of any and all parties other than the City. . Norfolk shall retain a 25-foot buffer area around the edge of Lake Lawson, as well as a permanent Access Easement across the Property for ongoing maintenance to Lake Lawson by Norfolk. V :\applications\citylawprod\cycom32\ WpdocslDO 15\P004\00009364 .DOC II I III - 43 - Item V-K.3. ORDINANCES/RESOLUTIONS ITEM # # 58745 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to execute an Installment Purchase Agreement with William R., Jr. and Cheryl L. Sanford re an Agricultural Land Preservation (ARP) easement at 1601 Nanneys Creek Road. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, 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 DeSteph DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), Code of Virginia, re Item K.3. (William R., Jr. and Cheryl L. Sanford re ARP easement) Councilman DeSteph ABSTAINED as it affects the value of the property he owns. April 28, 2009 i II II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $159,729. (PROPERTY OF WILLIAM R. SANFORD, JR. AND CHERYL L. SANFORD) WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been presented to the City Council a request for approval of an Installment Purchase Agreement (the form and standard provisions of which have been previously approved by the City Council, a summary of the material terms of which is hereto attached, and a true copy of which is on file in the City Attorney's Office) for the acquisition of the Development Rights (as defined in the Installment Purchase Agreement) on certain property located in the City and more fully described in Exhibit B of the Installment Purchase Agreement for a purchase price of $159,729; and WHEREAS, the aforesaid Development Rights shall be acquired through the acquisition of a perpetual agricultural land preservation easement, as defined in, and in compliance with, the requirements of the Ordinance; and WHEREAS, the City Council has reviewed the proposed terms and conditions of the purchase as evidenced by the Installment Purchase Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council hereby determines and finds that the proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance, and the City Manager or his designee is hereby authorized to approve, upon or before the execution and delivery of the Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal balance of the purchase price set forth hereinabove as the greater of 2.9200% per annum or the per annum rate which is equal to the yield on United States Treasury STRIPS purchased by the City to fund such unpaid principal balance; provided, however, that such rate of interest shall not exceed 4.9200% unless the approval of the City Council by resolution duly adopted is first obtained. 2. The City Council hereby further determines that funding is available for the acquisition of the Development Rights pursuant to the Installment Purchase Agreement on the terms and conditions set forth therein. 3. The City Council hereby expressly approves the Installment Purchase Agreement and, subject to the determination of the City Attorney that there are no defects in title to the property or other restrictions or encumbrances thereon which may, in the II 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence ofthe indebtedness represented by the issuance and delivery ofthe Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 Adoption requires an affirmative vote of a majority of all members of the City 62 Council. 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on this 28th day of 65 April ,2009. CA11006 V:lapplicationslcilylawprodlcycom321WpdocsIDOO7\P005100008586. DOC R-1 DATE: April 9, 2009 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: jJf~ Agriculture Department I1IL {t; ~ VV 10r/-I ()v'/ City Attorney Office CERTIFIED AS TO AVAILABILITY OF FUNDS: qatMeuL ~~(j,( Director of Finance ~ 2 II I AGRICUL TURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2009-92 SUMMARY OF MATERIAL TERMS SELLER: SANFORD, Jr. William R. & Cheryl L. PROPERTY LOCATION: 1601 Nanneys Creek Road, Princess Anne District PURCHASE PRICE: $159,729 EASEMENT AREA: 14.39 acres, more or less DEVELOPMENT POTENTIAL: 2 single-family dwelling sites (2 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 2.9200% (actual rate to be determined when STRIPS are purchased prior to execution of IP A). Rate may not exceed 4.9200% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IP A date RESTRICTIONS ON TRANSFER: IP A ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. ~ t:: CI) UJ Q.CI) o I.. .... (.) o..ca ,...... -aC\!a.. ....~o::: ONe( .... I I.. S:::"CO ca ca '+- . tnOfn -~e ~~ (.) ~. (I) CO CDCI)(7) .t:I..M OO~ tn~ ~~ E ~ ca ca -- Z - - -- 3: , II I I +-- } 3NN'VN i ~ h ~, II I II - 44- Item V-K4. ORDINANCES/RESOLUTIONS ITEM # 58746 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to execute all documents re a Right of Entry Agreement between the City and L. Carl Floyd, John J. DeVan and Vicki Morgan to enter onto City-owned property at Tuna Lane re construction of a bulkhead and pedestrian stairs over Tuna Lane 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 April 28, 2009 II II II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 AN ORDINANCE TO ALLOW ACCESS TO CITY PROPERTY FOR THE CONSTRUCTION OF A BULKHEAD AND PUBLIC ACCESS ACROSS TUNA LANE AND ACCEPTANCE OF DEDICATION OF THAT BULKHEAD UPON COMPLETION WHEREAS, L. Carl Floyd, John J. DeVan, and Vicki Morgan (collectively the "Applicants") have applied to the City of Virginia Beach Wetlands Board for a permit to construct bulkheads on the eastern edge of their properties at Sandbridge Beach; WHEREAS, a condition of approval of the Permit is that the Applicants construct a bulkhead across City owned right-of-way on the eastern end of Tuna Lane so that the bulkhead is continuous north and south of Tuna Lane; WHEREAS, upon completion of the bulkhead across Tuna Lane, along with stairs over the bulkhead to allow pedestrian access to the sandy beach to the east of the bulkhead (the "Improvements"), the Applicants shall dedicate the Improvements to the City; NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Manager or his designee is authorized to execute a Right of Entry Agreement between the City and L. Carl Floyd, John J. DeVan and Vicki Morgan (collectively, the "Applicants") or their agents to enter onto City-owned property at the eastern end of Tuna Lane for the purpose of constructing a bulkhead and pedestrian access stairs over Tuna Lane (the "Improvements") as shown on Exhibit A, attached hereto, so long as the Right of Entry Agreement is acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 2. That the City Manager or his designee is authorized to execute all documents necessary or appropriate in connection with the acceptance of the dedication of the Improvements, so long as such documents are acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day of ~pril' 2009. APPROVED AS TO LEGAL 7u City Attorney APPROVED AS TO CONTENT ~m&:/J J{. &atL Department of Planning Ii III CA11010 V'lapplicationslcitylawprodlcycom321 WpdocslDO 141P005100009297,DOC R-1 April 16, 2009 II I II I - 45 - Item V-K.5.a/b/dd/e/f/glh/i/j/klmln ORDINANCES/RESOLUTIONS ITEM # 58747 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to GRANT Franchise Agreements for Open Air Cafes in the Resort Area: a. Surfside Resort, Inc., tfa Fish Bones b. Fogg's Seafood Company, tfa Waterman's c. Tonic, Inc., tfa Waffletown USA d. Dunes Investment Associates, tfa the Beach Club e. First Fruits, LLC, tfa Tropical Smoothies f ISA, Inc., tfa Seaside Galley g. Baja Taco, tfa Baja Cantina h. Karpathos, Inc., tfa King of the Sea i. Ocean Beach Club Owner's Association, tfaTortugas j. Ocean Beach Club Owner's Association, tfaTortugas k. BBH Corporation, tfa 18h Street Cafe m. 1 th Street, LC, tfa 1 th Street Cafe n. 1 th Street, LC, tfa 1 th Street Cafe 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 April 28, 2009 II II II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 AN ORDINANCE GRANTING FOURTEEN FRANCHISE AGREEMENTS FOR OPEN AIR CAFES IN THE RESORT AREA WHEREAS, by resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Cafe Regulations, which have been amended from time to time, for the operation of open air cafes on public property; and WHEREAS, the regulations originally prohibited sidewalk cafes on Atlantic Avenue between 15th and 24th streets; and WHEREAS, Council adopted a resolution on March 23, 2004 establishing a pilot program to allow, on an experimental basis, open air cafes on Atlantic Avenue between 20th and 23rd Streets; and WHEREAS, based upon the success of the pilot program, Council adopted an ordinance on March 8, 2005 authorizing sidewalk cafes on Atlantic Avenue between 15th and 24th Streets; and WHEREAS, the City Council has traditionally granted initial franchises for one- year terms; and WHEREAS, if an open air cafe is successfully operated during the initial one- year term, the franchisee may return to Council and request a five-year franchise agreement; and WHEREAS, 11 th Street, LC t/a 11 th Street Cafe, is seeking two (2) one-year franchise agreements. The first is for the operation of an Atlantic Avenue Side Street Cafe, and the second is for the operation of a Boardwalk Cafe, both located at 1011 Atlantic Avenue; and WHEREAS, the following twelve (12) entities have successfully operated open air cafes pursuant to either one-year or five-year franchise agreements, and are seeking renewal of their franchise agreements for five year terms: (1) Surfside Resort, Inc., t/a Fish Bones, for operation of a Connector Park Cafe; (2) Foggs Seafood Company, t/a Waterman's, for operation of a Connector Park Cafe; (3) Tonic, Inc., t/a Waffletown USA, for operation of an Atlantic Avenue Sidewalk Cafe; (4) Dunes Investment Associates, t/a The Beach Club, for operation of a Boardwalk Cafe; (5) First Fruits, LLC, t/a Tropical Smoothies, for operation of an Atlantic Avenue Side Street Cafe; (6) ISA, Inc., t/a Seaside Galley, for operation of a Connector Park Cafe; (7) Baja Taco, t/a Baja Cantina, for operation of an Atlantic Avenue Side Street Cafe; (8) Karpathos, Inc., t/a King of the Sea, for operation of an Atlantic Avenue Side Street Cafe; (9) Ocean Beach Club Owner's Association, t/a Tortugas, for operation of a Boardwalk Cafe; (10) Ocean Beach Club Owners Association, t/a Tortugas, for operation of a Connector Park Cafe; (11) BBH Corporation, t/a 18th Street Cafe, for operation of a Boardwalk Cafe; and (12) Seashore Management, t/a Laverne's, for operation of a Connector Park Cafe; and II II II 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 WHEREAS, the Convention and Visitors Bureau recommends that the above- named entities be granted open air cafe franchise agreements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: 1. That the City Council hereby grants two (2) one-year franchise agreements to 11th Street, LC t/a 11th Street Cafe, for operation of an Atlantic Avenue Side Street Cafe and Boardwalk Cafe, subject to the terms and conditions of all ordinances, resolutions, and regulations applicable to open air cafes. 2. That the City Council hereby grants five-year franchise agreements to Surfside Resort, Inc., t/a Fish Bones, for operation of a Connector Park Cafe; Foggs Seafood Company, t/a Waterman's, for operation of a Connector Park Cafe; Tonic, Inc., t/a Waffletown USA, for operation of an Atlantic Avenue Sidewalk Cafe; Dunes Investment Associates, t/a The Beach Club, for operation of a Boardwalk Cafe; First Fruits, LLC, t/a Tropical Smoothies, for operation of an Atlantic Avenue Side Street Cafe; ISA, Inc., t/a Seaside Galley, for operation of a Connector Park Cafe; Baja Taco, t/a Baja Cantina, for operation of an Atlantic Avenue Side Street Cafe; Karpathos, Inc., t/a King of the Sea, for operation of an Atlantic Avenue Side Street Cafe; Ocean Beach Club Owner's Association, t/a Tortugas, for operation of a Boardwalk Cafe; Ocean Beach Club Owners Association, t/a Tortugas, for operation of a Connector Park Cafe; BBH Corporation, t/a 18th Street Cafe, for operation of a Boardwalk Cafe; and Seashore Management, t/a Laverne's, for operation of a Connector Park Cafe, subject to the terms and conditions of all ordinances, resolutions, and regulations applicable to open air cafes. Adopted by the City Council of Virginia Beach, Virginia on this 28th day of April, 2009. Approved as to Content: Approved as to L 8gal Sufficiency: ~=ce ~ CA11075 R-2 April 7, 2009 II II III - 46- Item V-K.5.1. ORDINANCES ITEM # 58748 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to GRANT Franchise Agreement for an Open Air Cafe in the Resort Area: l. Seashore Management t/a Laverne's Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting l{ay: None Council Members Abstaining: John E. Uhrin Council Members Absent: None Councilman Uhrin DISCLOSED and will ABSTAIN pursuant to Section 2.2-3115(E), Code of Virginia re Item K5.1 (Seashore Management, t/a Laverne's). This is an ordinance to grant franchise agreements for open air cafes (Item K5). Councilman Uhrin advised this Disclosure and Abstention is only with respect to the franchise for Seashore Management, t/a Laverne's for operation of a Connector Park Cafe' at 701 Atlantic Avenue. Councilman Uhrin is an employee of Burlage Management Corporation, located at 801 Atlantic Avenue. The applicant, Seashore Management, is an affiliate of Burlage Management Corporation. Councilman Uhrin's correspondence of April 28, 2009, is hereby made a part of the record April 28, 2009 II I, II I City C)f Virgirl..iEl HeEleD VBgov.com JOHN E, UHRIN COUNCILMAN - DISTRICT 6 - BEACH PHONE: (757) 491-9388 JUHRIN@VBGOVCOM In Reply Refer to 0038747 April 28, 2009 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Fraser: Re: Abstnetion Pursuant to Conflict oflnterests Act S 2.2-3115 (E) Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on a portion of the ordinance to grant franchise agreements for open air cafes. The ordinance grants fourteen franchise agreements. This disclosure and abstention is with respect to one of those fourteen franchises: the franchise for Seashore Management, trading as Laverne's, for operation of a Connector Park Cafe at 701 Atlantic Avenue. 2. I have a personal interest in this transaction because I am an employee of Burlage Management Corporation, which is located at 801 Atlantic Avenue in Virginia Beach. The applicant, Seashore Management, is an affiliate of Burlage Management Corporation. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 515 DELAWARE AVENUE, VIRGINIA BEACH, VIRGINIA 23451 Mrs. Ruth Hodges Fraser -2- Re: Abstention Pursuant to Conflict of Interests Act S 2.2-3115 (E) Thank you for your assistance and cooperation in this matter. 1 E. Uhrin Councilmember JEU/RRI II April 28, 2009 II - 47- Item V-K.6.a/b. ORDINANCES/RESOLUTIONS ITEM # 58749 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to APPROPRIATE funds to Housing and Neighborhood Preservation's FY 2008-09 Operating Budget a. $1,109,599 from the American Recovery and Reinvestment Act (ARRA) to the Housing and Neighborhood Preservation's FY 2008-09 Operating Budget re homelessness and Rapid Re-Housing of homeless persons b. $55,698 from other local area cities' revenue re procuring a Regional Fair Housing Analysis Study 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 April 28, 2009 I i I II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE TO APPROPRIATE AMERICAN RECOVERY AND REINVESTMENT ACT FUNDS TO THE FY 2008-09 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $1,109,599 from the American Recovery and Reinvestment Act (ARRA) under the Emergency Shelter Grant Homeless Prevention and Rapid Re-Housing Program (ESG - HPRP) is hereby appropriated, with federal revenue increased accordingly, to the Department of Housing and Neighborhood Preservation's FY 2008- 09 Operating Budget to prevent and address homelessness and/or re-housing of homeless persons. Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day of April ,2009. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1j~Q. ~~~ Management Services CA11097 R-3 April 17, 2009 II Emergency Shelter Grant Homeless Prevention and Rapid Re-Housing Program FACT SHEET - April 28, 2009 Attachment to Agenda Request What? Funds allocated to the City under the American Recovery and Reinvestment Act (ARRA - the stimulus bill) under the Emergency Shelter Grant Homeless Prevention and Rapid Re-Housing Program (ESG - HPRP) How Much? $1,101,599 Type of One time funding Allowable Prevention of homelessness or re-housing of homeless persons; Uses includes assistance with rent, utilities, case management, location of housing, information, proqram evaluation and administration Time Frame 60% must be spent within two years of execution of the grant agreement; for 100% within three years; Expenditure Proposed (see chart below) Uses Who? The programs will primarily be operated by the Dept. of Housing and Neighborhood Preservation; some activities may be contracted out and/or may be part of a reqional project. Grant due May 18m, 2009 date to HUD Proposed Uses of Funds by Category % of Amount Grant Financial Assistance $764,916 75.7% Relocation & Stabilization (includes case management and locating housing) $188,051 18.6% Data collection & Evaluation $7,500 0.7% Administration $50,132 5.0% Total $1,010,599 100.0% Additional program information: The financial assistance will be provided through the Department of Housing's Rental Housing division, which is experienced in provided rental assistance as it already operates the Housing choice voucher program. The Relocation and Stabilization activities include staff to provide case management and assistance finding and obtaining housing. Also potentially included are a central intake project and a regional project to be determined based on consultation with the cities participating in the South Hampton Roads Task Force on Ending Homelessness. Administration costs include accounting, computers, office supplies, travel, phones, etc. Esg hprp fact sheet.doc I' II II I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO APPROPRIATE $55,698 IN OTHER LOCAL REVENUE TO THE FY 2008-09 DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION'S OPERATING BUDGET WHEREAS, an expenditure appropriation for the City's cost share for the Housing Analysis Study was included in the FY 2008-09 Department of Housing and Neighborhood Preservation's Operating Budget. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $55,698 in other local revenue from area cities is hereby appropriated to the Department of Housing and Neighborhood Preservation's FY 2008-09 Operating Budget to procure a Regional Fair Housing Analysis Study. Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day of April , 2009. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Er~Q-~Q~ Management Services 7~~ City Attorney's Office CA 11117 R-1 April 14, 2009 II II II Fair Housing Analysis of Impediments RFP/Scope of Services The Hampton Roads Community Housing Resource Board (HRCHRB) is a regional organization comprised of representatives from the cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk and Virginia Beach, the housing industry, and housing advocates. The HRCHRB promotes the Federal Fair Housing Law and Section 504 Program Accessibility requirements, which assures that all people regardless of their race, color, national origin, sex, religion, familial status, or handicap have an opportunity to choose the housing best suited to their needs. I. PURPOSE The purpose of this Request for Proposal (RFP) is to procure the services of a knowledgeable and experienced Offeror to conduct an Analysis of Impediments (AI) to Fair Housing Study that will be in full compliance with all federal regulatory guidelines and requirements. II. BACKGROUND The U.S. Department of Housing and Urban Development (HUD) requires certification that States and Entitlement jurisdictions receiving Community Development Block Grants, Home Investment Partnership (HOME), Housing Opportunities for People with AIDS (HOPWA), and Emergency Shelter Grant (ESG) funds are in compliance with 24CFR91.225. Among other requirements, 24CFR91.225 requires States and Entitlement jurisdictions to conduct an AI and to periodically update the AI report. The last AI report for Hampton Roads was released in December 2003. The primary function of the AI is to identify barriers to fair housing and to make recommendations to ameliorate those barriers by providing essential and detailed information to policymakers, administrative staff, and advocates of fair housing. This RFP is for an analysis only; no enforcement proposals will be considered. As HUD funded recipients, this RFP is being solicited as a cooperative procurement among the following seven (7) cities/localities: Virginia Beach, Norfolk, Portsmouth, Chesapeake, Suffolk, Hampton, and Newport News. The final contract will be awarded to one (1) Offeror. III. SCOPE OF WORK A. General Requirements Goals and Objectives: The participating cities/localities maintain a fundamental interest in ensuring fair housing opportunities for all residents of Hampton Roads. To this end, the seven cities are releasing this RFP with the following goals and objectives: 1. Assess impediments to fair housing in the Hampton Roads communities : i II II 2. of Virginia Beach, Norfolk, Portsmouth, Chesapeake, Suffolk, Hampton, and Newport News. Identify barriers in the sale and rental of housing in the private and public sectors for low and moderate income and minority families as well as the disabled population. Evaluate the role of government in promoting fair housing through the provision of fair housing services. Survey the availability of fair housing services in Hampton Roads. Develop regionally-based recommendations to address fair housing issues. Identify housing and fair housing trends occurring since the last AI study in 2003. Inventory of housing resources of affordable and accessible housing. Identify the impacts of foreclosure as it relates to high cost loans, vacancies and foreclosures in each participating jurisdiction regarding the socio-economics of the area (Census tract/block groups overlay: median family income, owner-occupied, African-Americans) and land- use areas (boundaries, residential, vacant lots, city properties and vacant lots, Section 8 or RHA properties, renters and non-residential use). 3. 4. 5. 6. 7. 8. II II II - 48 - Item V-K. 7.aIb/c/d/e/f/g/h ORDINANCES/RESOLUTIONS ITEM # 58750 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to TRANSFER $13,480,623 in available School funds to the FY 2008-09 Operating and Capital Budgets re realignment of various categories: a. $2,984,000 b. $3,031,643 c. $ 831,980 d. $1,500,000 e. $2,085,000 f $ 198,000 g. $1,850,000 h. $1,000,000 Pupil Transportation Technology Operations and Maintenance Equipment Replacement Renovations and Replacements - HVAC Systems-Phase II Operating Budget Student Data Management System Instructional Technology 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 April 28, 2009 II II II I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE TO TRANSFER $13,480,623 IN AVAILABLE SCHOOL FUNDS IN THE FY 2008-09 OPERATING AND CAPITAL BUDGETS WHEREAS, on April 7, 2009, the School Board adopted a resolution formally requesting the categorical transfer of $13,480,623 in available funds. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: (1) That $10,843,227 in the Instructional Category be transferred from the FY 2008- 09 School Operating Budget in the amounts and for the purposes set forth below: (a) $2,984,000 to the Transportation Category; (b) $2,745,544 to the Technology Fund; (c) $753,683 to the Operations and Maintenance Category; (d) $1,500,000 to the School Equipment Replacement Fund; (e) $1,985,000 to Capital Improvement Project #1-103 Renovations and Replacements - HVAC Systems - Phase II; (f) $625,000 to Capital Improvement Project #1-195 Student Data Management System; (g) $250,000 to Capital Improvement Project #1-196 Instructional Technology. (2) That $509,099 in the Administration, Attendance, and Health Category be transferred from the FY 2008-09 School Operating Budget in the amounts and for the purposes set forth below: (a) 286,099 to the Technology Fund; (b) $198,000 to Capital Improvement Project #1-211 School Operating Budget Support; (c) $25,000 to Capital Improvement Project #1-195 Student Data Management System. (3) That $1,850,000 in the Operations and Maintenance Category be transferred from the FY 2008-09 School Operating Budget in the amounts and for the purposes set forth below: (a) $100,000 to Capital Improvement Project #1-103 Renovations and Replacements - HVAC Systems - Phase II; (b) $1,200,000 to Capital Improvement Project #1-195 Student Data Management System; (c) $550,000 to Capital Improvement Project #1-196 Instructional Technology. (4) That $200,000 in the Transportation Category be transferred to Capital Improvement Project #1-196 Instructional Technology. II II II 47 48 49 (5) That $78,297 in the Technology Fund be transferred to the Operations and Maintenance Category. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of April , 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Q-~ ~~r- City Attorney's Office CA 11118 R-1 April 15, 2009 II I SCHOOL BOARD Daniel D. Edwards Chairman Districll - Cenlerville 1513 Beachview Drive VA Beach. VA 23464 495-3551 (h)' 717-0259 (c) Rita Sweet Bellitto Vice Chairman At-Large P.O. Box 6448 VA Beach, VA 23456 418-0960 (cl William J. "Bill" Brunke, rv District 7 - Princess Anne 4099 Foxwood Drive, Suite 201 Virginia Beach, VA 23462 222-0134 (w) . 286-2772 (c) Todd C. Davidson At-Large 2424 Savannah Ttail VA Beach, VA 23456 427-3330 (wl . 285-9409 (cl Emma L "Em" Davis District 5 . Lynnhaven 1125 Michae!wood Drive VA Beach, VA 23452 340-8911 (hl Patricia G. Edmonson District 6 - Beach 1920 Centerville Turnpike VA Beach, VA 23454 1-888-687-4743 Dan R. Lowe District 4 - Bayside 4617 Red Coat Road VA Beach, VA 23455 490-3681 (h) Brent N. Mckenzie District 3 - Rose Hall 1400 Brookwood Place VA Beach, VA 23453 816-2736 (cl Patrick S. Salyer At-large 1741 Seaton Drive VA Beach, VA 23464 620-2141 (e) Sandra Smith.Jones District 2 - Kempsville 705 Rock Creek Court VA Beach, VA 23462 490-8167 (h) Carolyn D. Weems At-Large 1420 Claudia Drive VA Beach, VA 23455 464-6674 (h) SUPERINTENDENT James G. Mem1', Ed.D. 2512 George Mason Dlive VA Beach, VA 23456 263-1007 II IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE RESOLUTION REGARDING FY 2008/09 SPENDING PLAN AND REQUEST FOR CATEGORICAL TRANSFER WHEREAS, On April 7, 2009, the Administration presented to the School Board a mid-year review of the FY 08/09 Operating Budget which indicated that funds were available for categorical transfer to cover under budgeted unit codes and other budget priority needs; and WHEREAS, on April 7, 2009, the Administration made recommendations regarding the uses of the FY 08/09 available funds; and WHEREAS, the administration recommends that these funds be used for the following types of expenditures: . Under-budgeted unit codes . Replacement school buses, HVAC replacements (7 schools), lighting replacements (4 sites), project supplies, . Replacement for the School Administration Student Information System, critical system backup system, ceiling mounted classroom projectors, laptops for schools/staff, instructional software, instructional technology for new school, equipmentlhardware/assistive technology for special education program; and WHEREAS, the Board approves and affirms the recommended uses of the FY 2008/09 Operating funds as presented by the Administration; and WHEREAS, categorical transfers are necessary to cover projected under budgeted unit codes and to facilitate these purchases; and WHEREAS, any transfer of funds between categories must be approved by City Council prior to transfer and expenditure of funds by the School Board Now, therefore, be it RESOLVED: That the School Board approves and affirms the recommended uses of these funds; and be it FURTHER RESOLVED: That the School Board requests the City Council to approve categorical transfers as follows: . $ 2,984,000 from Instruction to Transportation . $ 2,745,544 from Instruction to Technology Fund 106 . $ 286,099 from Administration to Technology Fund 106 . $ 78,297 from Technology Fund 106 to Operations/Maintenance . $ 753,683 from Instruction to Operations/Maintenance . $ 1,500,000 from Instruction to School Equipment Replacement Fund - Fund 107 . $ 1,985,000 from Instruction to CIP #1103 . $ 100,000 from Operations/Maintenance to CIP #1103 . $ 198,000 from Administration/Attendance/Health to CIP #1211 . $ 1,200,000 from Operations/Maintenance to CIP #1195 . $ 625,000 from Instruction to CIP #1195 . $ 25,000 from Administration/Attendance/Health to CIP #1195 . $ 550,000 from Operations/Maintenance to CIP #1196 . $ 250,000 from Instruction to CIP #1196 . $ 200,000 from Transportation to CIP #1196 and be it FURTHER RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Vir . ia Beach . ATTEST: ih./J~- f Ui.vt~ Dianne P. Alexander, Clerk of the Board CERTIFIED TO BE A TRUE AND CORRECT COpy J-~-.v-7j) {J_J:'~>,~ - CI8rk,~ Cltvof~ School Administration Building' 2512 George Mason Drive. P.O. Box 6038 . Virginia Beach, VA 23456-0038 , II II - 49- Item V-K.8. ORDINANCES/RESOLUTIONS ITEM # 58751 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to ESTABLISH the Witchduck Road, Phase 1, right-of-way as an underground utility corridor and ACCEPT a fifty percent (50%) reimbursement of the costs from the Virginia Department of Transportation (VDOT) to the City re relocating the overhead utilities underground. 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 April 28, 2009 II II II 1 AN ORDINANCE TO ESTABLISH THE WITCHDUCK ROAD 2 RIGHT OF WAY BETWEEN 1-264 AND BONNEY ROAD AS 3 AN UNDERGROUND UTILITY CORRIDOR 4 5 6 WHEREAS, the Witchduck Road Phase I CIP 2-931, UPC 55200, the "Project," has 7 been approved by City Council in order to widen and improve the roadway between 1-264 8 and Bonney Road; 9 10 WHEREAS, the City of Virginia Beach also wishes to improve the safety and 11 aesthetics of this road for the benefit of the surrounding community and the traveling 12 public; 13 14 WHEREAS, the Council had previously requested the Virginia Department of 15 Transportation to program this project; 16 17 WHEREAS, the Department of Transportation has adopted a policy to pay 50% of 18 the additional costs to relocate existing overhead private utility lines underground, which 19 requires the City to adopt an ordinance to establish the limits of underground utility districts, 20 corridors or areas; 21 22 WHEREAS, City Council has appropriated sufficient funding, through the City of 23 Virginia Beach Capital Improvement Program, to pay the City's share of estimated cost to 24 relocate existing overhead utility lines underground. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. The Witchduck Road right-of-way between 1-264 and Bonney Road is hereby 30 designated as an underground corridor and all new utilities shall be installed within 31 the Witchduck Road right-of-way shall be placed underground; and 32 2. The Director of Public Works is hereby authorized to execute an agreement with the 33 Virginia Department of Transportation and the utility owners within the Witchduck 34 Road right of way for necessary utility relocations. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of 37 April, 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: p~~ City Attorney's Offic CA11096 R-2 April 10, 2009 I i I II II - 50- Item V-K.9. ORDINANCES/RESOLUTIONS ITEM # 58752 Ken Golden, 3425 Montgomery Place, Phone: 581-7499 spoke in SUPPORT of the "Honor and Remember" Flag. In 2003, while he and his daughter were serving in Iraq, he was very lucky he did not lose her. However, four (4) days after Christmas in 2005, George Lutz's son was killed in Fallujah, Iraq. There was nothing to Honor his son or any of the other fallen sons and daughters. Mr. Golden distributed a Pamphlet describing "Honor and Remember, a New National Symbol of Gratitude and Respect". Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution in SUPPORT of the "Honor and Remember" flag as an official symbol to recognize and honor members of the Armed Forces who have died in the line of duty 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 April 28, 2009 I' II II REQUESTED BY COUNCILMEMBER DeSTEPH 1 A RESOLUTION IN SUPPORT OF THE "HONOR AND 2 REMEMBER" FLAG AS AN OFFICIAL SYMBOL TO 3 RECOGNIZE AND HONOR MEMBERS OF THE ARMED 4 FORCES WHO HAVE DIED IN THE LINE OF DUTY 5 6 WHEREAS, since the Revolutionary War, more than one million members of the 7 United States armed forces have sacrificed their lives in the line of duty to preserve our 8 freedom; and 9 10 WHEREAS, there is no greater love than he who would lay down his life for his 11 fellow man; and 12 13 WHEREAS, the service and sacrifice of those fallen members of our armed 14 forces are deserving of national recognition; and 15 16 WHEREAS, at the present time, there is no officially recognized symbol to 17 acknowledge and honor members of our armed forces who have died in the line of duty; 18 and 19 20 WHEREAS, Congressman Randy Forbes has introduced House of 21 Representatives Bill 1 034, which proposes to amend Chapter 9 of Title 36 of the United 22 States Code to designate the "Honor and Remember" Flag created by Honor and 23 Remember, Inc., as an official symbol to recognize and honor members of our armed 24 forces who have died in the line of duty; and 25 26 WHEREAS, the "Honor and Remember" Flag will serve as a symbol of national 27 gratitude for all those members of the armed forces who have given their lives for our 28 freedom; will serve as a daily reminder for all Americans to acknowledge the ultimate 29 price of freedom; and will give comfort to the families who have lost loved ones during 30 military service. 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 That City Council hereby supports legislation to establish a national flag to honor 36 and remember those who have given their lives in military service for our great nation. 37 38 BE IT FURTHER RESOLVED that the United States Congress is urged to adopt 39 House of Representatives Bill 1034 to select the "Honor and Remember" Flag which 40 has been created by Honor and Remember, Inc., to serve as a national symbol. 41 42 BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the 43 Virginia's members of the United States Senate and House of Representatives. 44 I II II 45 Adopted by the City Council of the City of Virginia Beach, Virginia, this 28th 46 day of l\pril ,2009. APPROVED AS TO LEGAL SUFFICIENCY: ;:e~~ City Attorney's Office CA 11094, R-2, April 17, 2009 II II - 51 - Item V-K.I0. ORDINANCES/RESOLUTIONS ITEM # 58753 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to A UTHORIZE the distribution of funds under the Byrne JAG Grant, [part of the American Recovery Reinvestment Act (ARRA)}, as proposed by the Community Criminal Justice Board, and A UTHORIZE the City Manager to submit the application to the Department of Justice 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 April 28, 2009 II I II I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 A RESOLUTION APPROVING THE DISTRIBUTION OF FUNDS UNDER THE BYRNE JAG GRANT, A PART OF THE AMERICAN RECOVERY REINVESTMENT ACT, AS PROPOSED BY THE COMMUNITY CRIMINAL JUSTICE BOARD WHEREAS, under the American Recovery Reinvestment Act (ARRA), certain funds were allocated to the City of Virginia Beach for criminal justice purposes. These funds came under the Byrne JAG grant in the amount of $881,256; and WHEREAS, the Community Criminal Justice Board, which consists of the criminal justice agencies in the City, including the Sheriff, Police, Community Corrections, and courts have collaboratively identified how the funds should be distributed; and WHEREAS, the City Council was advised of this proposed distribution on April 10,2009; and WHEREAS, the City Council notification on April 10 met the requirement of the ARRA legislation that the governing body be notified 30 days before the application is due on May 18, 2009; and WHEREAS, the application will be submitted by City staff to the Department of Justice upon approval by the City Council. NOW THEREFORE, BE IT RESOLVED that City Council hereby approves the recommended distribution of the funds, as detailed in the attachment to this resolution, and authorizes the City Manager to submit the application to the Department of Justice. ADOPTED by the Council of the City of Virginia Beach, Virginia this ---28-t-IPay of April , 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Bw:ac -~ Management Services ~~~ City Attorney's Office CA 11113 R-3 April 17, 2009 II II II C=i1:y <>f -V-1rgi.rri.a.. Beach OFFICE OF THE CITY MANAGER (757) 385-4242 FAX (757) 427-5626 VRJ,,'Ov.com MUNICIPAL CENTER BUILDING 1, ROOM 234 2401 COURTHOUSE ORNE VIRGINIA BEACH, VA 23456-9001 April 10, 2009 The Honorable William D. Sessoms, Jr. Members of City Council Subject: Byrne JAG Grant Dear Mayor and Council Members: As part of the American Reinvestment and Recovery Act (ARRA), the City was awarded funds for law enforcement purposes. These funds under the Byrne JAG Grant amount to $881,256. The City staff must prepare an application for the funds and submit no later than May 18,2009. As part of the requirements, the governing body must be advised of the projects to be funded 30 days before the application is due. Please consider this your notification. Our Community Criminal Justice Board (CCJB), which is made up of individuals from all of our criminal justice agencies, including the Courts, Community Corrections, Police, Sheriff, Commonwealth Attorney, etc. have met several times to discuss the availability of these funds. The CCJB has agreed, after a lengthy process, that the funds should be awarded as follows: · Police PatroVDriving Course Vehicles Tasers Subtotal $122,636 $160,000 $282,636 · Sheriff Biometric Access System Security Control Center Accurint LE Search Program Subtotal $30,000 $170,000 $3,000 $203,000 · Commonwealth's Attorney Case Management Software $184,800 · Youth Opportunities Office Summer Youth Employment $88,864 II I · Community Corrections Pretrial Staffing Substance Abuse Services Printer and Scanner Subtotal $37,440 $18,750 $2,141 $58,331 · Circuit Court Multi Media Display System - 2 units Part-time Office Assistant (Circuit Court Clerk Office) Subtotal $22,000 $24,000 $46,000 · Court Service Unit Part-time Clerical Jolly Giant Software Subtotal $16,988 $637 $17,625 Total $881,256 Total Grant Balance $881,256 $0 As you can see from the distribution of funds, almost all of the criminal justice agencies were accorded at least some funding for their programs. One of the underlying conditions that the CCJB considered was that there was a need to limit the future liability of the City for employee costs. Therefore there are no full-time employee positions in this request. This item will come to City Council for a resolution approving the distribution at your April 28, 2009 meeting. Again, because of the rather short time frame to apply for these funds and the requirement that City Council be notified 30 days before the due date, please accept this letter as your notification. If you require any additional information, please contact Bob Matthias at (757) 385-8267. With Pride in Our City, JKSIRRM/amg cc: Community Criminal Justice Board II I - 52 - Item V-L. PLANNING ITEM # 58754 1. ROBERT BURKE NONCONFORMING STRUCTURE 2. SYL VIA ESTES VARIANCE 3. MCRJERS, LLC STREET CLOSURE 4. REFORMED BAPTIST CHURCH OF CONDITIONAL USE PERMIT VIRGINIA BEACH 5. THOMAS C. KAY, JR. CONDITIONAL USE PERMIT 6. BUDDHIST EDUCATION CENTER OF AMERICA,INC. MODIFICATION OF CONDITIONS (approved by City Council 8/28/2007) [Thanh Cong Doan] extend term and conditions 7. RICHARD S. DAILEY MODIFICATION OF COINDITION 2) (Approved By City Council on June 9, 1986 and August 14,1989) 8. VIRGINIA BEACH INK (Ben Johnson) MODIFICATION OF CONDITIONS (Approved by City Council September 23, 2008) 9. CHESAPEAKE BAY PRESERVATION AREA ORDINANCE AMEND including swimming pools as "impervious cover" re calculating Stormwater management and ESTABLISHING uniform buffer Mitigation standard! 10. NATIONAL FLOOD INSURANCE PROGRAM AMEND Appendix C, Site Plan Ordinance, Section 5B, re floodplains and comply with the requirements April 28, 2009 II II II - 53 - Item V-L.J. PLANNING ITEM # 58755 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in ONE MOTION Items 1, 2 (add Condition), 3 (DEFERRED INDEFINITELY), 4 (DEFERRED), 6, 7, 8 and 10 of the PLANNING BY CONSENT AGENDA. Item L.l (ROBERT BURKE) was DEFERRED, BY CONSENT, until the City Council Session of May 12, 2009 Item L.2 (SYL VIA ESTES) Condition No.3 was added, by CONSENT. Item L.3. (MCRJERS, LLC) WAS DEFERRED INDEFINTELY, BY CONSENT. Item L.4. (REFORMED BAPTIST CHURCH OF VIRGINIA BEACH) was DEFERRED, BY CONSENT, until the City Council Session of May 12, 2009. 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 April 28, 2009 III - 54- Item V-Ll. PLANNING ITEM # 58756 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED to May 12, 2009, the application of ROBERT BURKE for the Expansion of a Nonconforming Structure at 5504 Ocean Front Avenue re a second and third floor addition and an addition to the existing detached garage. RESOLUTION UPON APPLICATION OF ROBERT BURKE AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING STRUCTURE, 5504 OCEAN FRONT A VENUE Resolution upon application of ROBERT BURKE authorizing the enlargement of a Nonconforming Structure, on property located at 5504 Ocean Front Avenue (GPIN 24198065250000). DISTRICT 5 -LYNNHAVEN 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 April 28, 2009 II II III - 55 - Item V-L2. PLANNING ITEM # 58757 Attorney Edward L. Bourdon, Pembroke Office Park, Building 1, 281 Independence Boulevard, Phone: 499-8971, represented the applicant who proposed to place a private deed restriction on the Subdivision Plat, which will be recorded. This parcel to the front, which is intended to go with the building site on the back, must be owned by the owner of the lot or by the owner of the adjacent property to either the north or the south. Lot 2 is proposed as a non-buildable lot. Title cannot be held by a third party. Ownership must be held by one of those three (3) adjoining parcel owners. Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED the Variance to 94.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for SYL VIA ESTES to create three lots on 34.05 acres at 1628 Mill Landing Variance to 94.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for SYL VIA ESTES to create three lots on 34.05 acres at 1628 Mill Landing. (GPIN: 2410440394) DISTRICT 7 - PRINCESS ANNE. The following conditions shall be required: 1. When the property is subdivided, it shall be in substantial conformance with the plan entitled, "Preliminary Subdivision of 37.97 Acre Tract, "prepared by Gallup Surveyors & Engineers, Ltd., dated November 24, 2008, which has been exhibited to the Virginia Beach City Council and is onfile in the Planning Department. 2. A private ingress/egress easement serving the proposed lots and utilizing the existing driveway shall be depicted on the final plat. 3. The final subdivision plat shall note that Proposed Lot 2 is not a buildable site. Furthermore, Lot 2 shall be conveyed only to the Owner of Lot 1 or the owner of Lot 3. 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 April 28, 2009 II I 1111 - 56 - Item V-L3. PLANNING ITEM # 58758 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY an Ordinance upon application MCRJERS, LLC for the closure of an unimproved right-of-way portion of Windsor Crescent, 3868 Jefferson Boulevard: ORDINANCE UPON APPLICATION OF MCRJERS, LLC, FOR THE CLOSURE OF A PORTION OF WINDSOR CRESCENT TO THE NORTH OF 3868 JEFFERSON BOULEVARD. Ordinance upon application of MCRJERS, LLC for the closure of a portion of Windsor Crescent to the north of 3868 Jefferson Boulevard. DISTRICT 4 - BAYSIDE 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 April 28, 2009 dl - 57 - Item V-L4. PLANNING ITEM # 58759 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED to May 12, 2009, Ordinance upon Application of REFORMED BAPTIST CHURCH OF VIRGINIA BEACH for a Conditional Use Permit re a church at portions of 2230, 2234 and 2240 Salem Road and a parcel abutting the rear property line. ORDINANCE UPON APPLICATION OF REFORMED BAPTIST CHURCH OF VIRGINIA BEACH, CONDITIONAL USE PERMIT. CHURCH, PORTIONS OF 2230, 2234 AND 2240 SALEM ROAD Ordinance upon application of REFORMED BAPTIST CHURCH OF VIRGINIA BEACH, Conditional Use Permit. church, portions of 2230, 2234 and 2240 Salem Road and a parcel abutting the rear property line. (GPIN:1484062581, 2.55 acres; GPIN- 1474963332, 0.21 acres; GPIN: 1484060288, 0.28 ACRES, GPIN: 148406112, 0.57 acres) PRINCESS ANNE DISTRICT 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 April 28, 2009 II I III - 58 - Item V-L.5. PLANNING ITEM # 58760 Karen Lasley, Zoning Administrator, displayed photographs of the site, reflecting complaints of the neighbors re firewood, debris and large tree stumps on the property. Ms. Lasley advised Mr. Kay has assured he will clean up the property. Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council DENIED Ordinance upon application of THOMAS C. KA Y, JR. for a Conditional Use Permit re firewood preparation at 1641 Princess Anne Road: ORDINANCE UPON APPLICATION OF THOMAS C. KAY, JR., FOR A CONDITIONAL USE PERMIT RE FIREWOOD PREPARATION FACILITY, 1641 PRINCESS ANNE ROAD Ordinance upon application of THOMAS C. KAY, JR., for a Conditional Use Permit re.JJ.Jirewood preparation facility, 1641 Princess Anne Road (GPIN: 2402875347) DISTRICT 7 - PRINCESS ANNE DISTRICT. Voting: 10-0 Council Members Voting Aye: 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: Glenn R. Davis Apri/28,2009 ! I I II - 59 - Item V-L. 6. PLANNING ITEM # 58761 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of BUDDHIST EDUCATION CENTER OF AMERICA, INC. for Modification of Conditions (approved by City Council on August 28, 2007 [Thanh Cong Doanj), to extend the term and conditions of the 2007 permit at 4177 West Neck Road re religious services ORDINANCE UPON APPLICATION OF BUDDHIST EDUCATION CENTER OF AMERICA, INC. FOR MODIFICATION OF CONDITIONS (APPROVED BY CITY COUNCIL ON AUGUST 28, 2007 [THANH CONG DOANj), TO EXTEND THE TERM AND CONDITIONS OF THE 2007 PERMIT BE IT HEREBY ORDINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BUDDHIST EDUCATION CENTER OF AMERICA, INC. for Modification of Conditions (approved by City Council on August 28, 2007 [Thanh Cong Doanj), to extend the term and conditions of the 2007 permit at 4177 West Neck Road re religious services. (GPIN:28001350000) DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. Meditation services are limited to Sundays between 10:00 A.M. to 2:00 P.M There shall be no more than 20 individuals on the property at anyone time during the services. In the event of the death of a temple member of their immediate family, the number of individuals on the site for the service on the Sunday following the death shall not exceed 30 individuals at anyone time. Applicants agree to use reasonable efforts to provide prior notice of any memorial service to the City's zoning office by telephoning the number provided by the City in order to avoid unnecessary zoning enforcement. It is understood that circumstances may arise when the applicant will not have advance notice of an increase in attendance for a memorial service and, therefore, may be unable to comply in advance with the notice provision. 2. Except as provided in paragraph 1 above, there shall be no religious assemblies, including, but not limited to special observances, festivals, special events or the like held on the property; there shall be no additional structures or facilities permitted on the site; there shall be no portable toilets or similar temporary facilities on the site and there shall be no charter buses permitted on the premises, save and except accessory structures, permitted by right under the City Zoning Ordinance. 3. The number and size of statues on the property shall not be increased All statues shall meet the required front yard, rear yard and side yard setbacks. 4. Existing landscaping on the property shall be maintained If the landscaping dies or is replaced, it shall be replaced with similar landscaping. 5. Failure to comply with the conditions contained herein may result in a revocation of the use permit under the procedures set forth in the City Zoning Ordinance. April 28, 2009 I I II - 60- Item V-L. 6. PLANNING ITEM # 58761 (Continued) 6. The applicants acknowledge and agree that any expansion of the use or intensity of the use allowed herein would be incompatible with existing land uses in the surrounding area and have an adverse impact upon the properties in the surrounding neighborhood. The City Attorney was directed to ensure enforcement of these conditions. 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 Twenty-eighth of April, 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 Council Members Voting Nay: None Council Members Absent: None April 28, 2009 II I - 61 - II II I Item V-L.7. PLANNING ITEM # 58762 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of RICHARD S. DAILEY for Modification of Condition No.2 (approved by City Council on June 9, 1986, September 14, 1987 and August 14, 1989) at 1094 Diamond Springs Road re enlarging the existing animal hospital. ORDINANCE UPON APPLICATION of RICHARD S. DAILEY FOR MODIFICATION OF CONDITION NO. 2 (APPROVED BY CITY COUNCIL ON JUNE 9, 1986, SEPTEMBER 14, 1987 AND AUGUST 14,1989) AT 1094 DIAMOND SPRINGS ROAD re ENLARGING THE EXISTING ANIMAL HOSPITAL BE IT HEREBY ORDINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of RICHARD S. DAILEY for Modification of Condition No. 2 (approved by City Council on June 9, 1986, September 14, 1987 and August 14, 1989) at 1094 Diamond Springs Road re enlarging the existing animal hospital. (GPIN: 14683844531) DISTRICT 4 - BAYSIDE The following conditions shall be required: 1. All conditions, with the exception of Number 2, attached to the Conditional Use Permit granted by the City Council on August 14, 1989, remain in affect. 2. Condition Number 2 of the August 14, 1989, Conditional Use Permit is deleted and replaced with the following: "When the Property is developed (a) the building shall have the architectural design and features substantially as depicted on the exhibit which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning, and (b) the site shall be developed substantially as shown on the exhibit entitled "SITE PLAN FOR SAJO FARMS VETERINARY CLINIC ADDITION 1094 DIAMOND SPRINGS ROAD VIRGINIA BEACH, VIRGINIA" dated 07/08/08, prepared by Land Design and Development, Inc. which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning (hereinafter referred to as the "Conceptual Site Plan). " This Ordinance shall be effective in accordance with Section 1 07 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of April, Two Thousand Nine April 28, 2009 II II II - 62- Item V-L. 7. PLANNING ITEM # 58762 (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 April 28, 2009 II II II - 63 - Item V-L.8. PLANNING ITEM # 58763 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon Application of VIRGINIA BEACH INK (Ben Johnson) for Modification of Conditions (Conditions 1 and 4 (approved by City Council on September 23, 2008) at 612 Nevan Road, Suite 114 to add body piercing and permanent make-up applications. ORDINANCE UPON APPLICATION OF VIRGINIA BEACH INK (BEN JOHNSON) FOR MODIFICATION OF CONDITIONS (CONDITIONS 1 AND 4 (APPROVED BY CITY COUNCIL ON SEPTEMBER 23,2008) AT 612 NEVAN ROAD, SUITE 114 TO ADD BODY PIERCING AND PERMANENT MAKE-UP APPLICATIONS BE IT HEREBY ORDINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of VIRGINIA BEACH INK (Ben Johnson) for Modification of Conditions (Conditions 1 and 4 (approved by City Council on September 23, 2008) at 612 Nevan Road, Suite 114 to add body piercing and permanent make-up applications. (GP IN: 240788554840000) DISTRICT 5 - LYNNHA VEN The following conditions shall be required: 1. All conditions, with the exception of Number 1 and 4 attached to the Conditional Use Permit granted by the City Council on September 23, 2008, remain in affect. 2. Condition Number 1 of the September 23,2008, Conditional Use Permit is deleted and replaced with the following: "The Conditional Use Permit for a tattoo establishment with body piercing and permanent make-up applications is approved for a period of one (1) year with an administrative review every year thereafter. " 3. Condition Number 4 of the September 23,2008, Conditional Use Permit is deleted and replaced with the following: "The actual tattooing operation, body piercing or permanent make-up application on a customer shall not be visible from any public right-of-way adjacent to the establishment. " 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 Twenty-eighth of April, Two Thousand Nine April 28, 2009 II I II - 64- Item V-L.8. PLANNING ITEM # 58763 (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 April 28, 2009 ! I I II - 65 - Item L.9 PLANNING ITEM # 58764 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AMEND the Chesapeake Bay Preservation Area Ordinance by including the surface area of swimming pools as "impervious cover" re calculating stormwater management requirements and ESTABLISHING uniform buffer mitigation standards. Voting: 10-1 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 and Rosemary Wilson Council Members Voting Nay: James L. Wood Council Members Absent: None April 28, 2009 I' II II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AN ORDINANCE TO AMEND THE CHESAPEAKE BAY PRESERVATION AREA ORDINANCE BY INCLUDING THE SURFACE AREA OF SWIMMING POOLS AS IMPERVIOUS COVER FOR PURPOSES OF CALCULATING STORMWATER MANAGEMENT REQUIREMENTS AND BY ESTABLISHING UNIFORM BUFFER RESTORATION STANDARDS Section Amended: Chesapeake Bay Preservation Area Ordinance Section 106 WHEREAS, the City of Virginia Beach originally adopted the Chesapeake Bay Preservation Area Ordinance (the "Ordinance") on November 6, 1990; and WHEREAS, the City's Ordinance has been one of the most successful Chesapeake Bay Ordinances in the State in accomplishing the goals of protecting and enhancing water quality of the Chesapeake Bay and its tributaries; and WHEREAS, in developing and implementing its Ordinance, the City chose to maximize water quality protection by: (1) including highly erodible soils as components of the Resource Protection Areas (RPA), notwithstanding the fact that the controlling statutes and regulations do not require the inclusion of highly erodible soils as an RPA feature; (2) by declining to designate certain areas of the City as Intensely Developed Areas (IDAs), in which development restrictions are substantially less stringent than in RPAs; and (3) by designating all lands within the Chesapeake Bay Watershed not within RPAs as Resource Management Areas (RMAs), thereby greatly expanding the land area within the City that is subject to the Ordinance; and WHEREAS, in September 2008, the Chesapeake Bay Local Assistance Board found the City's Ordinance to be in compliance with the Chesapeake Bay Preservation Area Designation And Management Regulations, except with respect to regulations that require that the surface area of swimming pools be considered as impervious surfaces; and WHEREAS, swimming pools intercept rainfall falling into them, thereby capturing such rainfall and preventing it from running off into adjacent waterways, and as a result are different from other impervious surfaces such as driveways and rooftops, which do not capture rainfall; and WHEREAS, the City Council acknowledges that, under applicable state regulations that are binding upon localities, swimming pools are impervious because they "significantly impede or prevent the natural infiltration of water into the soil underlying them," a process known as "groundwater recharge;" and II 45 WHEREAS, the City Council fully appreciates the importance of groundwater 46 recharge to the natural environment, including the Chesapeake Bay and its tributaries, 47 to-wit: groundwater recharge provides a sustainable water supply to trees and shrubs 48 located within Chesapeake Bay buffer areas, thereby helping to improve drought 49 tolerance and promote healthy plant growth; allows for soils to filter out excessive 50 nutrients, pesticides and other pollutants through chemical bonding to soil particles, 51 thereby reducing nutrient loads to adjoining waterways; and helps to intercept excessive 52 nutrients, pesticides and other pollutants in the soil before they reach the groundwater 53 table and begin to flow toward waterways; and 54 55 WHEREAS, it is the intention of the City Council that the City's Ordinance be fully 56 consistent with all applicable requirements of law; and 57 58 WHEREAS, the City Council reaffirms that it was not its intention in originally 59 adopting the Ordinance, and that it is not its intention in adopting this amendment to the 60 Ordinance, to preclude all reasonable development, including swimming pools, within 61 RPA buffers, but to fully protect water quality through appropriate and effective 62 mitigation measures; and 63 64 WHEREAS, it is the further intention of the City Council to establish uniform and 65 effective buffer restoration standards to be applied where RPA areas are developed 66 with impervious surfaces, including swimming pools and other impervious structures, so 67 that such development does not cause or contribute to a degradation of water quality; 68 69 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 70 OF VIRGINIA BEACH, VIRGINIA: 71 That Section 106 of the Chesapeake Bay Preservation Area Ordinance (City 72 Code Appendix F) is hereby amended and reordained to read as follows: 73 74 75 76 Sec. 106. Performance standards. 77 78 79 80 (A) General performance standards for development and redevelopment. 81 Except as otherwise provided herein, the following standards shall apply to all 82 development and redevelopment in both Resource Protection Areas and Resource 83 Management Areas of the Chesapeake Bay Preservation Area: 84 85 86 2 II I 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 {g II (8) For any development or redevelopment, stormwater runoff shall be controlled by the use of best management practices that achieve the following results: (d) Calculations involving the percentage of site area under impervious cover shall be based upon the lot area landward of mean low water and wetlands. Impervious cover shall Rat include the water surface area of a swimming pool. Buffer restoration standards. The followinq standards shall apply in cases in which buffer restoration is required pursuant to the provisions of this Ordinance as a result of development within a Resource Protection Area: (1) For new impervious cover: (a) Buffer restoration of an area equal to two (2) times the proposed impervious cover in the Resource Protection Area shall be provided. The City Manaqer or Board, as the case may be. shall allow a lesser area of buffer restoration if the property owner demonstrates that site conditions or structural treatment methods are such that a lesser buffer restoration area will adequately protect water quality; (b) Pool water surface. decks, pavers and qravel driveways shall be considered impervious for buffer restoration calculations; (c) In accordance with the Virqinia Department of Conservation and Recreation, Chesapeake Bay Local Assistance "Riparian Buffers Modification & Mitiqation Guidance Manual. 2003. Reprinted 2006, and all further amendments thereto and editions thereof (Guidance Manual), in order for the buffer to function as intended. it shall contain the full complement of veqetation that includes shade trees. understory trees. shrubs. and qround cover, whether the qround cover is veqetation. leaf litter, or mulch. The composition of the buffer restoration area shall be per Appendix D. Table A of the Guidance Manual; (d) Salt and flood tolerant plant species shall be planted below the 5-foot contour to ensure qreater survival of the plantinqs; 3 II II 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 II II (e) Trees shall not be planted within fifteen (15) feet of the shoreline where such plantinq would result in marsh shadinq or interference with the inteqrity of shoreline structures; (f) Buffer restoration shall be located in the Resource Protection Area, includinq in areas occupied by turf or where impervious cover is removed. To the extent possible, such restoration shall be located in the 50-foot seaward portion of the buffer. The City Manaqer may require a site evaluation to determine the location and extent of veqetation needed to meet this requirement where specific site conditions warrant includinq, but not limited to, the presence of steep slopes and existinq veqetation recommended for buffers in Appendix 0, Table A of the Guidance Manual; and (q) All trees, plants and qroundcover, required as buffer restoration shall be maintained and not removed or allowed to revert to turf. (2) For shoreline hardeninq proiects and replacement of upland retaininq walls, where construction disturbs veqetation in the Resource Protection Area, such veqetation shall be replaced and may be replaced in kind; provided that trees shall not be planted within fifteen (15) feet of the shoreline where such plantinq would result in marsh shadinq or interference with the inteqrity of shoreline structures. Adopted by the Council of the City of Virginia Beach, Virginia, on this 28th day of April, 2009. 4 II II II ~.......:"\..... ,:~\,,:'t ~~C~'l r;;..\:':1':-""":'~' ,'>' rO ' ."... .,~, ;E' ';:' (u: ;>, \~~(~:~~~.::.:,ljJ ........'-"'"'"4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to amend the Chesapeake Bay Preservation Area Ordinance by including the surface area of swimming pools as impervious cover for purposes of calculating stormwater management requirements and by establishing uniform buffer mitigation standards. MEETING DATE: April 28, 2009 . Background: The Commonwealth's Chesapeake Bay Local Assistance Board (CBLAB) is required by law to review local Chesapeake Bay programs to determine whether such programs are in compliance with all applicable State requirements. In June 2007, CBLAB found the City of Virginia Beach noncompliant with its implementation of the Chesapeake Bay Preservation Area (CBPA) Ordinance. The City was directed by CBLAB to comply with nine (9) enumerated recommendations from CBLAB by July 1, 2008 to have its implementation of the Ordinance found compliant. On June 24, 2008, the City Council adopted amendments to the City Code that moved the City toward compliance; however, a proposed amendment requiring swimming pools be considered impervious, was not adopted. Subsequently, in September 2008, CBLAB found the City's Ordinance to be in compliance with the Chesapeake Bay Preservation Area Designation and Management Regulations, except with respect to regulations that require that the surface area of swimming pools be considered as impervious surfaces. . Considerations: Since September, the City has been working with property owners, developers, professionals, representatives of the Tidewater Builders Association, the Chesapeake Bay Local Assistance Department (CBLAD) staff, and others to determine the best method to equitably regulate all impervious surfaces, including swimming pools. The result of that work are the attached amendments to Section 106 of the CBPA Ordinance, which provide a new set of buffer restoration standards that will apply to those cases where buffer restoration is required by the ordinance. The amendment to Subsection (A)(8)(d) [Line 96] makes it clear that the surface area of swimming pools is treated as impervious cover for purposes of stormwater management calculations in Chesapeake Bay Preservation Areas. II II ,II II CITY OF VIRGINIA BEACH - AMENDMENT TO CBPAO Page 2 of 2 The amendments in Subsection (C)(1) [Lines 100-150] set forth the standards for buffer restoration for new impervious surfaces in Resource Protection Areas. These standards are intended to make the restoration requirements more uniform and predictable. The remaining amendments [Lines 152-158] require that areas disturbed as the result of shoreline hardening projects (Le., bulkheads and riprap) must be restored with whatever vegetation was removed. They also provide that trees may not be planted within 15 feet of the shoreline where the trees would shade marshes or compromise the structural integrity of the bulkhead or other shoreline hardening structure. There was opposition to the proposed amendments. . Recommendations: The Planning Commission voted 10-0 for adoption of the amendments, with a proviso that the Green Ribbon Committee be tasked with the development of buffer mitigation standards and that those standards be reported back to the Planning Commission for consideration. . Attachments: Staff Review Planning Commission Minutes Ordinance Amendment Recommended Action: Staff recommended approval. Planning Commission recommended approval. Submitting Department/Agency: Planning Department \ \ \.. ') CityManag . k - G3~ I r II II II - 66- Item V-L.I0. PLANNING ITEM # 58765 Upon motion by Vice Mayor Jones. seconded by Councilman Dyer. City Council ADOPTED Ordinance to AMEND Appendix C, Site Plan Ordinance, Section 5B, re floodplains and comply with the requirements of the National Flood InsuranceProgranL 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 April 28, 2009 II II II I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE TO AMEND APPENDIX C, SITE PLAN ORDINANCE, SECTION 5B, PERTAINING TO FLOODPLAINS AND THE REQUIREMENTS OF THE NATIONAL FLOOD INSURANCE PROGRAM Section Amended: ~ 5B of Appendix C BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 5B of Appendix C of the City Zoning Ordinance is hereby amended and reordained to read as follows: Sec. 58. Floodplain regulations. 5B.2. Definitions. For the purpose of this section, the following terms shall be defined as herein indicated: Flood. A general and temporary condition of partial or complete inundation of normally dry land areas from: (a) The overflow of inland or tidal waters; (b) The unusual and rapid accumulation of runoff or surface waters from any source; or (c) Mudslides (i.e., mudflolNS) Mudflows which are proximately caused or precipitated by accumulations of water on or under the ground. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in (a) of this section. Flood insurance study. The flood insurance study for the City of Virginia Beach prepared by the United States Federal Emergency Management Agency, dated August 18, 1992 Mav 4. 2009, and subsequent revisions which is declared to be a part of this section and which shall be kept on file at the office of the city engineer. 5B.3. Establishing the floodplain areas. The floodplain shall include areas subject to inundation by waters of the one hundred (100) year flood. The basis for the II II 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 II I delineation of these areas shall be the Flood Insurance Study (FIS) and accompanying maps for the City of Virginia 8each prepared by the Federal Emergency Management Agency, dated December 5, 1996 May 4. 2009, or the most recent revision thereof. (a) The regulatory floodway is delineated for purposes of this section using the criteria that a certain area within the floodplain must be capable of carrying the waters of the one hundred (100) year flood without increasing the water surface elevation of that flood more than one (1) foot at any point. These areas are specifically defined in Table ~ I of the flood insurance study and shown on the accompanying flood insurance rate map, which is a part of the Flood Insurance Study. 58.4. Use regulations. Prior to any proposed alteration or relocation of any channel or of any watercourse, stream, etc., a permit shall be obtained from the United States Army Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission. A joint permit application is available from any of these agencies or the city. Further, notification of the proposal shall be given to all affected adjacent jurisdictions, the Division of Soil and 'Nater Conservation Division of Dam Safety and Floodplain Manaqement of the Virginia Department of Conservation and Recreation, and the Federal Insurance Administration. 58.5. Special requirements applicable to the floodplain: (b) Regulation of flood fringes and approximated floodplain. New construction or substantial improvements to existing structures permitted in the flood fringe and approximated floodplain shall be so located, elevated, and constructed so as to resist flotation and to offer minimum obstruction to flood flow. All development shall provide base flood elevations on any plan of development or final subdivision plat. Residential dwelling structures shall not be located within the floodplains subject to special restrictions set forth in section 58.5(c) of this ordinance on lots created after the effective date of this ordinance (October 23, 2001). (e) Lowest flood elevation/floodproofinq recorded. (1) When the base flood elevation data or floodway data have not been provided. the city enqineer shall obtain. review, and reasonably utilize any base flood elevation and floodway data available from a II II 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 II I federal. state. or any other source. in order to administer the provisions of Section 5B.5 of this section. When such base flood elevation data is utilized, the city enqineer shall obtain: (i) the elevation. based on the North American Vertical Datum of 1988 (NA VD 88), of the lowest floor (includinq the basement) of all new and substantially improved structures; and (ii) if the structure has been floodproofed in accordance with the requirements of this ordinance. the elevation based on NAVD 88 to which the structure has been floodproofed. (2) When the data is not available from any source the lowest floor of the structure shall be elevated to not less than 2 feet above the hiqhest adiacent qrade. 5B.8. Floodplain variances: (q) A variance within any floodway shall not cause an increase in the one hundred (100) year flood elevation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of April, 2009. II II II , ~~:'I ?~~..~ ......'$'2) !j7~. .:Xt}, (/:: .' .' f'" (~\~' ... :~~ \;"1.- . Ii" t:~~~~~:-y '\:\..\;,,:~~~~ "" '- CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: An Ordinance to Amend Appendix C, Site Plan Ordinance, Section 5B pertaining to floodplains and the requirements of the National Flood Insurance Program. MEETING DATE: APRIL 28, 2009 . Background: The Federal Emergency Management Agency (FEMA) has completed the modernization of the city's Flood Insurance Rate Maps (FIRM). Since the last update in 1996, technology has improved dramatically and has enabled FEMA to more accurately define the boundaries of flood zones in our city. . Considerations: The attached proposed amendments to Section 58 of the Site Plan are required to allow the City of Virginia 8each to continue its participation in the National Flood Insurance Program (NFIP). The revisions at lines 41 and 49 reflect the date of the new Flood Insurance Rate Maps. The other revisions bring the ordinance into compliance with the current NFIP regulations. . Recommendations: The Planning Commission placed this item on their Consent Agenda, voting 10-0 to approve the proposed amendments. . Attachments: Staff Review Ordinance Planning Commission Minutes Recommended Action: Staff recommended approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department 1\ \. '" \ CityManage~l,k,~@'L f" APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: PI A-, 01 Public VVorks - Engin ering City Attorney's Office CA11076 R-4 March 25, 2009 II #23 April 8, 2009 Public Hearing CITY OF VIRGINIA BEACH ZONING ORDINANCE AMENDMENT (FLOODPLAIN) REQUEST: An Ordinance to Amend Appendix C, Site Plan Ordinance, Section 5B pertaining to floodplains and the requirements of the National Flood Insurance Program. SUMMARY OF AMENDMENT The attached proposed amendments to Section 5B of the Site Plan are required to allow the City of Virginia Beach to continue its participation in the National Flood Insurance Program (NFIP). The revisions at lines 41 and 49 reflect the date of the new Flood Insurance Rate Maps. The other revisions bring the ordinance into compliance with the current NFIP regulations. RECOMMENDATION Staff recommends approval of the proposed amendments. CITY OF VIRGINIA BEACH - FLOODPLAIN Agenda Item 23 Page 1 II, II II I - 67- ITEM # 58766 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 Peiformance of Council Appointees Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 8:01 P.M. Voting: 10-0 Council Members Voting Aye: 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: Glenn R. Davis (Closed Session: 8:01 P.M. - 8:31 P.M.) April 28, 2009 I II ,II I - 68 - ITEM # 58767 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard., discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis. William R "Bill" DeSteph, 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 April 28, 2009 ,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 #58766, Page 67, 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. NOff, 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. ~~ th Hodges raser, MMC City Clerk April 28, 2009 II I II - 69- Item V. O. ADJOURNMENT ITEM # 58768 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 8:32 P.M. __~_J~~_Q_.)!..!..~({_bJ ._~",- Beverly 0. Hooks, CMC Chief Deputy City Clerk ~-- - - Ruth Hodges Fraser, MMC City Clerk William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia April 28, 2009 , I, - 69- Item V. O. ADJOURNMENT ITEM # 58768 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 8:32 P.M. CB~-_~J-_ZiAl_1V Beverly O':Hooks, CMC Chief Deputy City Clerk a~~ ~~dges Fraser, MMC City Clerk tiJ~- - William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia April 28. 2009