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JULY 14, 2009 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS .JR., At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall- District] WILLIAM R. DeSTHPH, At-Large HARRY E. DIEZEL, Kempsville - DIStrict 2 ROBERTM. DYER" Centerville - District I BARBARA M. HENLEY, Prmces." Anne -- Dtstrlct 7 JOHN E. UHRIN, Beach District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER JAMES K. SPORE CITY ATTORNEY MARK D. STILES CI7Y ASSESSOR - JERALD BANAGAN CITY AUDITOR LYNDON S. RCMIAS CI7Y CLERK RU7H HODGES FRASER, MMC CITY COUNCIL AGENDA 14 JULY 2009 1. CITY COUNCIL BRIEFING: - Conference Room - A. BUSINESS ROUNDTABLE PRIORITIES James Flinchum, CFP Chair, Virginia Beach Chamber of Commerce II. CITY MANAGER'S BRIEFINGS: A. PLANNING ITEMS - Pending City Council Agenda Jack Whitney, Director - Planning B. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director - Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION ,I III I CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Clycncl@vbgov.com 2:30 PM 4:00 PM "11 VI. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Bishop Rudolph B. Lewis New Light Freewill Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES I. INFORMAL and FORMAL SESSIONS July 7, 2009 G. FORMAL SESSION AGENDA H. PUBLIC HEARING 1. REAL and PERSONAL PROPERTY TAX EXEMPTIONS I. CONSENT AGENDA J. ORDINANCESfRESOLUTION 1. Ordinances to EXEMPT certain organizations: a. From Real and Personal Property Taxes: 1. Mercy Medical Airlift 2. Virginia Baptist Children's Home and Family Services b. From Personal Property Taxes: 1. Faith Works Coalition 2. National Alliance on Mental Illness (NAMI) - Virginia Beach 3. Recovery for the City International 4. Tidewater Memorial Bicycle Park Fund, Inc. 5. Virginia Wild Horse Rescue III I' 2. Ordinances to AMEND and REORDAIN the City Code re: a. S 16-39 re spot blight abatement b. S 10-1 to allow absentee voting for November Elections and Presidential Primaries at three satellite locations: Courthouse Fire Station and both "full service" DMV offices 3. Ordinance to AUTHORIZE the City Manager to execute the Agreement for the purchase of mulching equipment from the Southeastern Public Service Authority (SPSA) in exchange for reducing the City's current loan to SPSA; and, TRANSFER $377,000 savings to Reserve for Contingencies. 4. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned property for Janelle A. Thomas and Jennifer A. Hedrick to maintain an existing bulkhead, construct and maintain a wharf, boat lift and floating dock at 2031 Echo Cove. DISTRICT 5 - L YNNHA VEN 5. Resolution to EXTEND the existence of the Bayfront Advisory Committee (BAC) to June 30, 2014 and CHANGE the composition to four (4) ex officio members: the Planning Commission and City Council Members representing the Bayside and Lynnhaven Districts plus eleven (11) citizen members. 6. Ordinance to AMEND the FY 2009-2010 Operating Budget of the Department of Housing and Neighborhood Preservation; APPROPRIATE and TRANSFER these funds from the U.S. Department of Housing and Urban Development (HUD) re the Housing Choice Voucher program. 7. Ordinances to ACCEPT, APPROPRIATE and TRANSFER Grant funds to the FY 2009-2010 Operating Budget of the Department of Juvenile Probation (Virginia Beach Court Service Unit) from the Department of Criminal Justice Services through the Juvenile Accountability Block Grant (JABG): a. $43,828 re a part-time employee to oversee detention initiatives and internal policy changes b. $13,360 re the purchase of electronic training equipment 8. Ordinance to TRANSFER $90,000 from the General Fund Reserve for Contingencies to the FY 2008-09 Operating Budget of the General District Court re court appointed attorney fees. K. PLANNING - NO ACTION 1. Application of AME UNITED, INC.lGREEN RUN SQUARE ASSOC., LLC for a Conditional Use Permit re a bar and nightclub at 3320 Holland Road, Suite 1118. DISTRICT 3 - ROSE HALL (Deferred by the Planning Commissionfor 30 days) III Ii L. PLANNING 1. Application of TRUTH FAITH & DELIVERANCE MINISTRIES/GREAT EASTERN RESORT CORPORATION for a Conditional Use Permit re a church at 3386 Holland Road. DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 2. Application of LIGHTHOUSE FELLOWSHIP CHURCH/James Harrell for a Conditional Use Permit re a church at 463 South Lynnhaven Road. DISTRICT 3 - ROSE HALL RECOMMENDA nON APPROV AL 3. Application of BLACKWATER BAPTIST CHURCH to MODIFY AND ADD Conditions (approved by City Council on August 17, 1981) for an Addition of a youth activity room and two classrooms at 6000 Blackwater Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDA nON APPROV AL 4. Application of HOWARD R. TABOR/DEEPAK PATEL for a Conditional Use Permit re motor vehicle sales at 300 S. Rosemont Road. DISTRICT 3 - ROSE HALL RECOMMENDA nON APPROV AL 5. Application of GARY W. and ANNA T. WYATT for a Conditional Use Permit re alterations to an existing residential kennel at 1817 Indian River Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROV AL 6. Application of ENDEA VOR ENTERPRISES, L.L.c. for a Change of Zoning District Classification from AG-l and AG-2 Agricultural Districts to Conditional B-IA Limited Business District and P-l Preservation District at Chestnut Oak Way. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPLICANT REQUESTS FURTHER DEFERRAL TO AUGUST 11, 2009 M. APPOINTMENTS HEALTH SERVICES ADVISORY BOARD PARKS and RECREATION COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT COUNCIL SCHEDULE FOR JULY AND AUGUST Planning Planning Virginia Beach City Council Will Host a PUBLIC MEETING 7:00-8:30 PM THURSDA V, AUGUST 13TH Virginia Beach Convention Center Purpose: 2010 General Assembly Legislative Agenda Thursday, November 12th ANNUAL JOINT MEETING City Council, General Assembly and School Board ******** 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 7/14/09gw www.vbgov.com "I III II IIII - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 14, 2009 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL BRIEFING re BUSINESS ROUNDTABLE PRIORITIES in the City Council Conference Room, Tuesday, July 14,2009, at 2:30 P.M Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Absent: Vice Mayor Louis R. Jones [Family Vacation} Ron A. Villanueva [Family Vacation} Rosemary Wilson [Entered: 3:40 P.M} James L. Wood [Family Vacation} July 14, 2009 III - 2 - CITY COUNCIL BRIEFING BUSINESS ROUNDTABLE PRIORITIES ITEM # 59020 2:30 P.M. Mayor Sessoms referenced his previous comments re the group of business representatives (Virginia Beach Roundtable) meeting and speaking re the City of Virginia Beach and their desire for future accomplishments. The Virginia Beach Roundtable will make this Roundtable Priorities presentation to the Council of Civic Organizations (CCO) in the very near future. Mayor Sessoms introduced James Flinched, CFP, and Chair - Virginia Beach Chamber of Commerce. James Flinchum advised it is his pleasure to serve as Chair of the Chamber of Commerce in Virginia Beach and that he is speaking for the Roundtable re their proposal to the City. Mr. Flinchum gave the history of Virginia Beach Roundtable, the organizations participating, process and priorities. Mr. Flinchum introduced representatives: Martha McClees - Virginia Beach Vision; Pete Kotarides - TBA; Margaret Ballard, Retail Alliance; John Wilson - Hampton Roads Chamber of Commerce and next year's Chair; Tuck Bowie, Vice Chair, Legislative Affairs; Aubrey Layne - Vision, Realtor's Association, HRACRE and Chair of Central Business District Association. Aubrey was just appointed by the Governor as the Hampton Roads District Representative on the Commonwealth Transportation Board. He also introduced Stephen R. Davis - President, Virginia Beach Vision, Inc. History of the Virginia Beach Roundtable . The Virginia Beach Roundtable is an informal affiliation of business and leadership groups that held its first meeting in 1999 . The group's first initiative was the development of a campaign that stressed the importance of economic development and visitor attraction in the Fall of 1999 . Other Roundtable activities have included: City Council candidate interviews, "Get Out the Vote campaigns", voter attitude research, involvement in the BRAC process and development of business priorities for City Council's consideration Organizations Participating In the Virginia Beach Roundtable . Central Business District Association . Hampton Roads Association Commercial Real Estate (HRACRE) . Hampton Roads Chambers of Commerce . Hampton Roads Realtors Association . Virginia Beach Hotel/Motel Association . Lynnhaven Business Association . Retail Alliance . Tidewater Builders Association (TBA) . Virginia Beach Vision . January - March: . April 16: . May 21: . May 28: . July 14: The 2009 Virginia Beach Roundtable Process One-on-one meetings with Members of City Council First 2009 Virginia Beach Roundtable meeting to discuss business priorities (( Green Light >> session to develop priorities and creates a list Consensus developed/five priorities selected Sub Committee appointed to refine priorities Communication to all participating organizations for approvals Presentation to Virginia Beach City Council July 14, 2009 "I III I' - 3 - CITY COUNCIL BRIEFING BUSINESS ROUNDTABLE PRIORITIES ITEM # 59020 (Continued) Business Roundtable Priorities for Virginia Beach City Council Consideration Regional Task Force on Transportation: . The business community and local governments in the Hampton Roads region agree that we have reached a point of crisis with regard to our transportation infrastructure. In order to provide a safe evacuation route for residents, provide adequate channels for the distribution of goods coming into our ports, to allow citizens to travel to andfrom work, school, and recreational events around the region in a reasonable amount of time and to encourage the attraction of new industry to the area, it is imperative that we seekfundingfor transportation improvements in Hampton Roads. . City Council should convene a Regional Task Force of local elected officials, business leaders and community leaders to determine a firm recommendation for a revenue source to support the region's transportation priorities. Once determined, the taskforce should design and implement a strategic plan to advocate for that revenue source to citizens through a grassroots initiative and to state legislators through coordinated advocacy in preparation for and during the 2010 General Assembly session. Higher Speed Rail extension to Hampton Roads: . With $8-BILLION in stimulus funds earmarked for higher speed rail projects across the nation, the possibility of a higher speed rail project from Washington D.C. to Hampton Roads has real potential to be funded. One of the current proposed routes would align the higher speed rail line along the current CSX/Amtrak route stopping on the Peninsula. South Hampton Roads has 70 percent of the 1.6-MILLION people in the region and 70 percent of its businesses. Most of the region's port facilities are in Norfolk and Portsmouth and the region's most popular resort area is in Virginia Beach, the state's largest city. Either the alternative route along Routes 460 and 58 continuing along the Norfolk Southern corridor or extending the line across the water into the Southside would both ensure the inclusion of these residents and businesses. . We urge the City Council to include extension of higher speed rail to Southside Hampton Roads as a top priority in their federal legislative agenda. Further, we encourage the Council to work with other local elected officials in Southside Hampton Roads to advocate to our Congressional Delegation that they ensure the higher speed rail line does not exclude Southside Hampton Roads. Light Rail extension from Newtown area to the Oceanfront . Virginia Beach City Council should aggressively continue efforts to secure the Norfolk Southern right-of-way necessary to support a mass transit corridor adjacent to the 1-264 alignment and pursue state and federal funding necessary to complete planning and project construction. The City should concurrently support efforts to study extension of the light rail line to the Norfolk Naval Base and for an expanded system that would ultimately serve as an alternative transportation system connecting major destinations throughout the greater Hampton Roads region. July 14, 2009 ,I III II - 4 - CITY COUNCIL BRIEFING BUSINESS ROUNDTABLE PRIORITIES ITEM # 59020 (Continued) Light Rail extension from Newtown area to the Oceanfront . City Council is encouraged to refrain from holding a public referendum. We have a representative form of government and our elected leaders should base their support for light rail on the findings of the Environmental Impact Study and their studied opinion on the direction best for the future of the City as a whole. Defined Contribution Retirement Option Under the Virginia Retirement System (VRS): . City Council should advocate enabling legislation in the 2010 General Assembly Session that would allow local option "defined contribution" retirement plans under VRS to be provided prospectively for new hires. . As recommended by the City's Blue Ribbon Tax, Fee and Spending Task Force, the City should gradually shift from "defined-benefits" to "defined-contributions". . In a period of just seven ( 7) years (2002 to 2009), the City's annual contribution per employee to the VRS pension and life insurance plan has increasedfromjust over $26,000 to almost $52,000. In 2003, the City's annual pension contribution was 11% of payroll; in 2009, it will exceed 18%. The significant growth in public debt obligations to support the current Defined Benefits Retirement Plan is unsustainable and out of sync with private sector practices where only 33% of all pension plans in 2005 were Defined Benefit Plans, down from 88% in 1975. Resort Development Initiatives: . Virginia Beach City Council should finalize contractual agreements for the redevelopment of the former Dome site, the development of a convention center headquarters hotel and complete infrastructure upgrades to support redevelopment of the 31st Street-Laskin Road Gateway corridor, all by the end of fiscal year 2010, if supported by economic analysis . Public investment in roads, parkingfacilities, water/sewer services, public gathering places and access can, when economic studies project a positive return on the City's investment, be an appropriate and essential ingredient in directing and fostering private investment. City Council should continue to identify public-private ventures where studies show joint participation will enhance the economic prosperity of the City, broaden its tax base and serve the interests of the citizens at large Margaret Ballard, Retail Alliance, advised a proposal in the planning stages with the Planning Department and other departments within the City would impact the Retailers in the business community. Before an ordinance is passed stakeholders should receive prior notification to meet with the various agencies in the Planning Departments before the ordinance is actually brought to City Council. This relationship exists with Chesapeake and extension notification is provided there, sometimes as much as six (6) months. The City of Portsmouth also advises the Alliance relative these proposals. Mr. Flinchum advised the Roundtable would support elimination of the Dillon Rule. A Transportation Forum was held approximately a year and a 'half ago. The Mayor will have staff provide information concerning scheduling. Discussion will continue during the City Council Retreat of August 3 and 4, 2009, relative the Virginia Beach Business Roundtable's Priorities July 14, 2009 .,1 III II - 5 - C IT Y MANA G E R 'S B R I E FIN G PLANNING ITEMS - Pending City Council Agenda 3:13 P.M. ITEM # 59021 Jack Whitney, Director - Planning, gave a brief synopsis of the Planning Items pending for the August 11, 2009, and August 25, 2009, City Council Sessions: August 11, 2009 Oceana Church of Christ Conditional Use Permit Beach District The applicant requests a Conditional Use Permit to allow a religious facility to operate in one of the units of an existing retail strip center. Church congregation consists of eight to ten members. Parking on the site is adequate. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (11-0) There was opposition. Consent agenda Brooks and Darcel Steohan Subdivision Variance Lynnhaven District The applicants request a Subdivision Variance for the purpose of creating a third lot from two (2) existing lots. The lots meet the requirements of the Zoning Ordinance with the exception of the width of proposed Lot 3, which is only 15 feet wide. The required width is 125 feet. The proposal has been reviewed and approved by the Chesapeake Bay Board. Evaluation and Recommendation Planning Staffrecommends approval Planning Commission recommends approval (11-0) There was opposition. Consent agenda July 14, 2009 "I III II - 6 - C IT Y MANA G E R 'S B R I E FIN G PLANNING ITEMS - Pending City Council Agenda ITEM # 59021 (Continued) August 11, 2009 Neptune Fitness Conditional Use Permit Princess Anne District The applicant requests a Conditional Use Permit to allow a fitness studio within an existing retail center. The fitness center is currently in operation. The most people in attendance at one time is ten. The applicant desires to have more than ten people which triggers the requirement for a Use Permit. Evaluation and Recommendation Planning Staffrecommends approval Planning Commission recommends approval (11-0) There was opposition. Consent agenda Citv of Vir1!inia Beach Wind Ener1!V Conversion Svstems Ordinance An Ordinance to establish City Zoning Ordinance regulations pertaining to Wind Energy Systems, including definitions, application requirements, locational and other requirements and Zoning Districts where permitted. Mr. Whitney advised these systems will either be roof or pole mounted. Some have a horizontal turbine. In some instances these would be allowed "by right". The City wishes to also recognize there are certain circumstances and applications of these technologies which they may have to review more carejitlly. 1000 Great Neck Road. LLC AKA Wave Church Modification of a Use Permit Lynnhaven District Since the site on which this church is located is zoned R-1 0 Residential, the Zoning Ordinance limits the maximum signage for the church to one 24-square foot sign per vehicular entrance and no signs are permitted on the building. Section 211 allows signagefor churches to be established through Use Permit. The applicant, therefore, is requesting Modification of the Use Permit to allow replacement of the existingfreestanding sign with a new sign (with LED faces) and to install a new building sign. July 14, 2009 ,;1 III II - 7 - C IT Y MANA G E R 'S B R IE FIN G PLANNING ITEMS - Pending City Council Agenda ITEM # 59021 (Continued) August 11,2009 1000 Great Neck Road, LLC AKA Wave Church Modification of a Use Permit (Continued) Evaluation and Recommendation Planning Staffrecommends approval Planning Commission recommends approval (6-5) There was opposition. Endeavor Enterprises. L.L. C. Change of Zoning Princess Anne District The applicant proposes to rezone a portion of AG for community-oriented commercial use and a natural area to be dedicated to the City of Virginia Beach. The development consists of 9,315 square feet of day care, 20,000 square feet of retail, 26,000 square feet of office and personal services and 5, 000 square feet of restaurant space. The project is in two phases, with the phases tied to the future widening of Holland Road. Evaluation and Recommendation Planning Staffrecommends denial Planning Commission recommends approval (9-1) There was opposition. Item had been Deferred on June 9 and the applicant now requests further Deferral until August II, 2009. August 25, 2009 Church of Jesus Christ of Latter-Dav Saints Change of Zoning and Conditional Use Permit Kempsville District The applicant requests a Change ofZoningfor an abandoned industrial site (1-2 Heavy Industrial to Conditional 0-1 Office) and a Use Permitfor a religious facility. The applicant proposes to develop the site for a church building and associated parking. The building is designed in traditional church style with exterior materials of brick and EIFS. July 14, 2009 "I III Ii - 8 - C IT Y MANA G E R 'S B R IE FIN G PLANNING ITEMS - Pending City Council Agenda ITEM # 59021 (Continued) August 25, 2009 Church of Jesus Christ of Latter-Dav Saints Change of Zoning and Conditional Use Permit (Continued) Evaluation and Recommendation Planning StafJrecommends approval Planning Commission recommends approval (J 1-0_ There was opposition. Consent Agenda Jennifer and Kellv Britt Conditional Use Permit Kempsville District The applicant requests a Conditional Use Permit to allow the continued use of a skateboard ramp, which is located in the rear yard of this single-family lot. The applicant has met with adjacent property owners and others in the surrounding area, and has signatures of support, Evaluation and Recommendation Planning StafJrecommends approval Planning Commission recommends approval (11-0) There was opposition. Consent Agenda. Richmond 20 Mhz Conditional Use Permit Princess Anne District The applicant requests a Modification of Conditions on a 1998 Use Permit that allowed a communications tower on the site The applicant wishes to increase the height of the tower by 17 feet for the purpose of adding antennas to the tower The proposal meets the provisions of Section 232 of the City Zoning Ordinance Evaluation and Recommendation Planning StafJrecommends approval Planning Commission recommends approval (J 1-0) There was opposition. Consent Agenda. July 14, 2009 hi III II - 9 - C IT Y MANA G E R 'S B R IE FIN G PLANNING ITEMS - Pending City Council Agenda ITEM # 59021 (Continued) August 25, 2009 Anthonv Cataldo Conditional Use Permit Beach District The applicant requests a Conditional Use Permit to allow use of a portion of the site as a bulk storage yard. The storage yard would be for the use of tenants located in the building on the site. Storage area dimensions are 35 feet (facing Virginia Beach Boulevard) by 75 feet. Area will be enclosed by a six-foot high white vinyl privacy fence. The gate will be located on the long side facing the building. Evaluation and Recommendation Planning Staffrecommends approval Planning Commission recommends approval (11-0) There was opposition. Consent Agenda. City of Virginia Beach - Town Center Block 9 Conditional Use Permit Lynnhaven District The applicant requests a Conditional Use Permit to allow development of219 dwelling units as part of a mixed-use building that will also include 162 lodging units and 26,000 square feet of retail. Only the dwelling units need a Use Permit. The proposed building is 15 stories in height and is designed in contemporary style. Parking will be provided in the surrounding parking garages. Evaluation and Recommendation Planning Staffrecommends approval Planning Commission recommends approval (10-0-1) There was opposition. Consent Agenda. July 14, 2009 "I III - 10 - C IT Y MANA G E R 'S B R I E FIN G PLANNING ITEMS - Pending City Council Agenda ITEM # 59021 (Continued) August 25, 2009 Cit of VirI!inia Beach - An Ordinance to Amend Section 201 of the Citv ZoninI! Ordinance PertinaininI! to Setbacks for Piers. Hamoton Roads Church of Christ Conditional Use Permit Princess Anne District The applicant requests a Modification of Conditions on a 1999 Use Permitfor a religious facility. The applicant desires to replace three portable classroom structures with one 1,544 square foot portable classroom structure. The location of the structure is behind the existing church located on the site and is well-screened by vegetation planted with the 1999 approval of the tree prior structures. Evaluation and Recommendation Planning Staffrecommends approval Planning Commission recommends approval (11-0) There was oppos ition Consent Agenda AME. aka MP Is/and Cafe Conditional Use Permit Rose Hall District (Expedited from August 12 Planning Commission) The applicant requests a Use Permit for a bar/nightclub. Applicant desires to increase the dance floor/standing space in an existing restaurant to more than 15 percent of the floor area. A Use Permit, therefore, is needed as the increase classifies the establishment as a bar/nightclub. Evaluation and Recommendation Planning Staff recommends denial On July 8, Planning Commission deferred the item to their August 12 hearing. There was opposition Consent Agenda Item is being expedited at the request of Councilman Davis Information concerning police related incidents shall be provided to Councilman DeSteph. July 14, 2009 1,1 III II - 11 - C IT Y MANA G E R 'S B R IE FIN G INTERIM FINANCIAL STATEMENT 3:30 P.M. ITEM # 59022 Patricia Phillips, Director of Finance, presented the Interim Financial Statements for July I, 2008, through June 30, 2009. Ms. Phillips recognized Don Barnett - Comptroller, and Jody D. Clark, who assisted in providing information for this Interim Financial Statement. Unaudited Financial Statements for all the funds will be presented September 22, 2009. The Audited Statements will be available during the last meeting in December. Overview ~ General Fund - Update FY 2009 Revenues FY 2009 Expenditures Projections ~ Next Steps FY2009 Year To Date General Fund Revenues Compared to Historic Trend ,June 30, 2009 100% 80% ;J 60% ::I c ! ~ 40% '0 .. C GI ~ 20% GI ... 0% Jul Aug ~p ~ N~ ~ Jan ~b ~r A~ M~ Jun .--......---....---.-.---.. .---..-.--..-............-..........-..---.-----.----..............-1 I -<>-Historic Trend -_Percent of FY09 Budget Official close-out of FY 2009 is August 14 Revenue applicable to 2009 will be accrued: Sales tax, Delinquent Real Estate and Personal Property, PPTRA and Telecommunications Tax. Therefore, there are still revenues to be collected. FY 2009 - General Fund Revenues ~ Total Revenues are $963.3-MILLION - 90% (Cash Basis) ~ Many items are on a 2-month lag ~ Interest rate environment ~ Economy Budf!et Actual Variance % of Bud~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) July 14, 2009 $600 $500 c: $400 ~ i ... .. " ~ $300 c: " > " 0:: $200 $100 $0 - 12 - CITY MANA GER 'SBRIEFING INTERIM FINANCIAL STATEMENT ITEM # 59022 (Continued) Real Estate Revenues June 30" 2005 - 2009 FAVORABLE TREND FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 III Budget _Actual Collection ~ . · Collections up 2.2% and Real Estate should be $7-MILLION plus over Budget. $100 $80 c: ~ i ... $60 .. " ~ c: ~ " 0:: $40 $20 $0 Personal Property Taxes - Local (excludes I'I'TIL\) June 30, 2005 - 2009 UNFA VORABLE TREND $80.2 FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 III Budget - Actual Collection =:J Projection is estimated to be $1 1. 5-MIiLION under budget ;;1 1111 July 14. 2009 1'1 III II - 13 - C IT Y MANA G E R 'S B R IE FIN G INTERIM FINANCIAL STATEMENT ITEM # 59022 (Continued) PERSONAL PROPERTY TAX RELIEF ACT (PPTRA) - STATE Budget for FY 2009 $ 53.4-MILLION Projected Schedule for FY 2009 rt Payment, November 15, 2008 $ 6.5-MILLION-.,j fa Payment, July 31,2009 $42.5-MILLION 3rd Payment, AUf!ust 15, 2009 $ 4.4-MILLION Risk General Sales Taxes June 30, 2005 - 2009 $100 $80 c ~ :i! .. $60 .. .. ~ > .. '" $40 $20 $0 FY 2006 UNFAVORABLE TREND FY 2006 FY 2007 FY 2008 FY 2009 cBudget _Actual Collectio~ General Sales Tax is expected to be approximately $4.5-MILLION under budget. July 14,2009 , II 1;1 III Ii - 14 - C IT Y MANA G E R 'S B R IE FIN G INTERIM FINANCIAL STATEMENT ITEM # 59022 (Continued) Utility Taxes .June 30. 2005 - 2009 $60 $50 c ~ $40 i .. " . ~ c ~ $30 . It: $20 510 $0 FY 2005 UNFAV(j~ABLt!!TRENjj... $49.3 $49.4 $49.0 FY 2006 FY 2007 FY 2008 FY 2009 I Ili Budget . Actual Collection I Includes Telecommunications Taxes. As of January 2007, Communication Taxes are received on a two month lag. Most recent estimate is $2.5-MILLION under budget due to dealer's discount and energy conservation. Business Licenses (BPOL) .J une 30, 2005 - 2009 $60 $50 c ~ $40 i .. " . ~ c 530 ~ ~ $20 510 50 UNFAVORABLE TREND FY 2006 III Budget FY 2007 .Actual Collection FY 2008 FY 2009 FY 2005 Unlikely to Change. This is approximately $2-MILLION under budget. July 14, 2009 - 15 - C IT Y MANA G E R 'S B R IE FIN G INTERIM FINANCIAL STATEMENT ITEM # 59022 (Continued) Hotel Room Taxes J one 30, 2005 - 2009 $35 $30 $25 " ~ :i1 .. $20 .. .. ~ " .. > .. $15 ~ $10 $5 $0 FY 2005 UNFA VORABLE TREND FY 2006 FY 2007 FY 2008 FY 2009 ElBudget .Actual Collection I Unlikely to change Restaurant Meal Taxes June 30, 2005 - 2009 $80 $70 $60 " ~ $50 :i1 .. .. .. $40 ~ " ~ .. ~ $30 $20 $10 $0 FY 2005 ACCEPTABLE TREND CASH BASIS FY 2006 FY 2007 FY 2008 FY 2009 I iii Budget .Actual Collection Unlikely to change - anticipate close to Budget. hi III II 12 July 14,2009 ,'I III II - 16 - C IT Y MANA G E R 'S B R IE FIN G INTERIM FINANCIAL STATEMENT ITEM # 59022 (Continued) Permits and Licenses June 30, 2005 - 2009 $7 UNFAVORABLE TREND $6 $5.8 $5.8 $5 c ~ i '" $4 " " ~ c " > " $3 a: $2 $1 $0 FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 I iii Budget . Actual Collection 13 City Tax on Deeds \June 30, 2005 - 2009 $16 UNFA VORABLE TREND $14 $12.3 $12 $10 $8 $6 $4 $2 $0 FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 III Budget .Actual Collection ] I. The FY 2009 General Fund Year End Projection (In Millions), indicate 2.6% Under Budget, July 14, 2009 II III I -.:t: t- ,,-... ,,-... ..... V) M 0 -o:i ..... ..... '-' '-' ,,-... M o '-' ,,-... ..... N '-' ,,-... 0; o '-' ,,-... ..... ,,-... C"! ..... '-' ,,-... ~ ..... '-' -.:t: o ,,-... C"! ..... ..... '-' -. - ~ N - ~ c ..c N o o ,,-... ..... N '-' "<T o ,,-... C"! N '--' ..... o ..... '-' = Q .".... \0 00 t; C"! ..... -.:t: ..... 00 00 t- ~ ~ N -.:t: M V) C"! go .. ~ \0 t- ..... t- V) ..... ..... V) t- V) M N -o:i M M ..... V) N 00 \0 V) N N "<T "<T N ..... V) 0 N \0 ~ QJ "<T ..... ~ .~ - Q .. ~ ~ = ~ .. ..-... N M 0 ..... -.:t: ~ N -.:t: t- \0 ..... C"! 00 -.:t: 0\ \0 -.:t: ~ III 0\ 00 \0 \0 V) M M V) 00 V) "<T M V) M N M \0 = = = t- t- V) N N "<T "<T N ..... 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OJ) ~ ~ "'C:l .s ~ 11) ..... 11) 0 11) '" ..... .- 11) ..... ..... 11) ~ ~ ~ ~ ~ u ~ ::z:: u ~ r:/:J r:/:J ~ 0 ~ III 111I - 17 - CITY MANA GER 'SBRIEFING INTERIM FINANCIAL STATEMENT ITEM # 59022 (Continued) FY2009 Year To Date General Fund Expenditures Compared to Historic Trend .June 30, 2009 20% 100% 2! 80% il :;; c X. .ll 60% 1! ~ .. o 1: 40% ~ cu ... 0% ~ ~ ~ w ~ ~ - ~ ~ ~ ~ ~ ......Historic Trend -x- Percent of FY09 Budget 16 General Fund FY 2009 Expenditures ~ Total at June 30.2009: $1, 106M. or 97.1% ~ Projected Expenditures at June 30,2009 = $1,107 M ~ Budgeted Expenditures = $1, 139M ~ Historical Comparison - Budget to Actual aVtn1(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 2009 (Projected) $ 32.3 2.8% $ 3.0 S. (1 MILLIONS) Expenditure Challenges ~ Targeted Saving met- $7.5-MILLION ~ Enabled increased costs to be met: Energy Tax Relieffor Elderly $11.2-MILLION in additional SPSA Costs - will also impact 2010 July 14, 2009 II III' - 18 - C IT Y MANA G E R 'S B R IE FIN G INTERIM FINANCIAL STATEMENT ITEM # 59022 (Continued) Recap General~'und Projections for June 30, 2009 At .July 9, 2009 (in millions) Revenues $1,071 $1.139 $1,043 <$28> Planned Reduction in <$68> Balance Projected Fund Balance (after reservations) FY2010 Revised Revenue Budget $1.107 $32 <$64> jL Expenditures & Encumbrances $89- $91 8.6% - 8.7% Policy 8-12% Reservations of Fund Balance General Fund (in millions) 2010 Capital Program (adopted) $33.9 2010 Operating Budget (adopted) 4.8 Loans (actual) 11.3 Carryforwards and Other Reservations (estimated) 6.6 Total $56.6 20 July 14, 2009 - 19 - C IT Y MANA G E R 'S B R IE FIN G INTERIM FINANCIAL STATEMENT ITEM # 59022 (Continued) Undesignated General Fund Balance 200 --..----.-......................-.... ...-...--.--.......-......... .................-......-........-......-... ..-... ........ .........._..._....m._................................................. 150 u; ~ 100 :E -; 50 .!! '0 o 0 2001 2002 2003 2004 2005 .. Undesi ated GF Balance Next Steps ~ FY 2009 Close-out: August 14 Briejing on unaudited statements: September 22 Audited statements: December 8, 2009 ~ FY 2010 Briejing onjirst quarter: October 27 16.0% 12..0% = ::J c: 8..0% ~ 0:: IL 4..0% ~ ~ III 0..0% -g lD ... o '!- II III I July 14, 2009 "I III II - 20 - CITY COUNCIL COMMENTS ITEM # 59023 3:42 P.M Councilman DeSteph referenced several events, He advised Saturday, July 11, 2009, was "Shore Drive Day" which ran over two hundredfifty (250) Bicyclistsfrom Lesner Bridge to 8~h Street. This was very well attended. Another event is scheduled on July 26, entitled "Tour Me Virginia Beach ", which involves Shore Drive Awareness and Bicyclists. Today, July 14, 2009, was the unveiling of a "palm oil driven engine" off Taylor Farms Road. There were many investors present. ITEM # 59024 Mayor Sessoms referenced correspondence .from Michael J. Byrnes, recommending to the Board of Directors of the Eastern Virginia Health Systems Agency, Inc. that they should suspend operations of the agency beginning July 1, 2009, due to a lack offundingfor the program. Correspondence .from Dr. Bernard I. Einhorn, Chairman - Board of Directors - EVMS to Dr. Karen Remley, State Health Commissioner, advising the Eastern Virginia Health Systems Agency, Inc. has suspended operations due to the lack of funding. Only $26,545.15 was provided the previous fiscal year. Mayor Sessoms requested the City Clerk, Ruth Hodges Fraser, confirm this suspension of operations. Mayor Sessoms will send letters of commendation to the Members for their services. ITEM # 59025 Council Lady Henley referenced the City Manager's response to the Health Safety position and asked if direction is necessary by the City Council. Mayor Sessoms has discussed this item with the City Manager and because of other budget issues forthcoming, has recommended things remain as is. He has requested the Fire Chief to find volunteers to assume this position. If this is not possible, then the position will have to remain. Council Lady Henley advised, in examining the budget, the City Council must decide what is necessary. Public Safety is at the top. ITEM # 59026 The City Manager referenced the decision made by City Council resulting in savings of $310,842. The Byproduct of these savings was the new City Page, the first edition to be "on-line" tomorrow, July 15, 2009. There are approximately 1,000 citizens who have registered to receive the new City Page electronically. This electronic format not only saves funds, but allows more information to be provided. The City Manager extended congratulations to the Media and Communications stafffor initiating this concept. July 14,2009 II III I, - 21 - AGE N DA REV IE W S E S S ION ITEM # 59027 4:00 P.M. 2. Ordinances to AMEND and REORDAIN the City Code re: b. S 10-1 to allow absentee votingfor November Elections and Presidential Primaries at three satellite locations: Courthouse Fire Station and both "full service" DMV offices Council Lady Henley expressed concern. The City Manager advised this is restricted to fourteen (J 4) days and would commence the Saturday prior to the election. Barry Shockley, Administrative Services Manager - Management Services, advised had been in conversation with the Fire Department for several weeks relative impacts. The Fire Station is a polling place, but the Registrar is also trying to utilize for the Absentee Voting. The Fire Department can move apparatus around and allow time for the absentee voting. Voting would be during normal business hours 8:00 A.M to 5:00 P.M, commencing Monday, October 19 through October 31, 2009 (Monday through Saturday) Sunday is not a voting day. ITEM # 59028 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J ORDINANCES/RESOLUTION 1. Ordinances to EXEMPT certain organizations: a. From Real and Personal Property Taxes: 1. Mercy Medical Airlift 2, Virginia Baptist Children's Home and Family Services b. From Personal Property Taxes: 1. Faith Works Coalition 2. National Alliance on Mental Illness (NAMI) - Virginia Beach 3. Recovery for the City International 4. Tidewater Memorial Bicycle Park Fund, Inc. 5. Virginia Wild Horse Rescue 2. Ordinances to AMEND and REORDAIN the City Code re: a. S 16-39 re spot blight abatement b. S 10-1 to allow absentee votingfor November Elections and Presidential Primaries at three satellite locations: Courthouse Fire Station and both ''full service" DMV offices July 14, 2009 i I III I - 22- AGE N DA REV IE W S E S S ION ITEM # 59028 (Continued) 3. Ordinance to AUTHORIZE the City Manager to execute the Agreementfor the purchase of mulching equipment from the Southeastern Public Service Authority (SPSA) in exchange for reducing the City's current loan to SPSA; and, TRANSFER $377,000 savings to Reservefor Contingencies. 4. Ordinance to A UTHORIZE a temporary encroachment into a portion of City- owned property for Janelle A. Thomas and Jennifer A. Hedrick to maintain an existing bulkhead, construct and maintain a wharf, boat lift andjloating dock at 2031 Echo Cove. DISTRICT 5 - LYNNHAVEN 5. Resolution to EXTEND the existence of the Bayfront Advisory Committee (BAC) to June 30,2014, and CHANGE the composition tofour (4) ex officio members: the Planning Commission and City Council Members representing the Bayside and Lynnhaven Districts plus eleven (J 1) citizen members. 6. Ordinance to AMEND the FY 2009-2010 Operating Budget of the Department of Housing and Neighborhood Preservation; APPROPRIATE and TRANSFER these funds from the Us. Department of Housing and Urban Development (HUD) re the Housing Choice Voucher program. 7. Ordinances to ACCEPT, APPROPRIATE and TRANSFER Grant funds to the FY 2009-2010 Operating Budget of the Department of Juvenile Probation (Virginia Beach Court Service Unit) from the Department of Criminal Justice Services through the Juvenile Accountability Block Grant (JABG): a. $43,828 re a part-time employee to oversee detention initiatives and internal policy changes b. $13,360 re the purchase of electronic training equipment 8. Ordinance to TRANSFER $90,000 from the General Fund Reserve for Contingencies to the FY 2008-09 Operating Budget of the General District Court re court appointed attorney fees. Item J.1a/b (Ordinances to EXEMPT certain organizations from Real and Personal Property Taxes will be DEFERRED, BY CONSENT. until the City Council Session of August 11, 2009, (due to lack of a 3/4 vote). Item 2.b. (Ordinances to EXEMPT certain organizations from Real and Personal Property Taxes), Council Lady Henley will vote a VERBAL NAY. July 14, 2009 ,I III I - 23 - AGE N DA REV IE W S E S S ION ITEM # 59029 K. PLANNING - NO ACTION 1. Application of AME UNITED, INC./GREEN RUN SQUARE ASSOC., LLC For a Conditional Use Permit re a bar and nightclub at 3320 Holland Road, Suite 1118. DISTRICT 3 - ROSE HALL (Deferred by the Planning Commissionfor 30 days) ITEM# 59030 BYCONSENSUS, thefollowing items shall compose the PLANNING BY CONSENT AGENDA: L. PLANNING 1. Application of TRUTH FAITH and DELIVERANCE MINISTRIES/GREAT EASTERN RESORT CORPORATION for a Conditional Use Permit re a church at 3386 Holland Road. DISTRICT 3 - ROSE HALL 2. Application of LIGHTHOUSE FELLOWSHIP CHURCH/James Harrel/for a Conditional Use Permit re a church at 463 South Lynnhaven Road. DISTRICT 3 - ROSE HALL 3. Application of BLACKWATER BAPTIST CHURCH to MODIFY AND ADD Conditions (approved by City Council on August 17, 1981) for an addition of a youth activity room and two classrooms at 6000 Blackwater Road. DISTRICT 7 - PRINCESS ANNE 4. Application of HOWARD R. TABOR/DEEPAK PATELfor a Conditional Use Permit re motor vehicle sales at 300 S. Rosemont Road. DISTRICT 3 - ROSE HALL 5. Application of GARY Wand ANNA T. WYATT for a Conditional Use Permit re alterations to an existing residential kennel at 1817 Indian River Road. DISTRICT 7 - PRINCESS ANNE 6. Application of ENDEA VOR ENTERPRISES, L.L. C. for a Change of Zoning District Classification from A G-I and A G-2 Agricultural Districts to Conditional B- IA Limited Business District and P-I Preservation District at Chestnut Oak Way, DISTRICT 7 - PRINCESS ANNE Item L.6. (ENDEA VOR ENTERPRISES, L.L.C.) will be DEFERRED, BY CONSENT, until the City Council Session of August 11, 2009. July 14, 2009 II III I - 24- ITEM # 59031 Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-371 I (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration oj. 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 2.2-37 11 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the. acquisition. or of the disposition of publicly-held property. where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of City Property: Beach District Beach District PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract. where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A) (30) Laskin Gateway Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 4: 12 P.M. July 14, 2009 II III I - 25 - ITEM # 59031 (Continued) Voting: 7-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer Barbara M Henley, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Harry E. Diezel, Vice Mayor Louis R. Jones, Ron A. Villanueva and James L. Wood (Closed Session: 4:20 P.M. - 5:10 P.M.) (Break: 4:14 P.M. - 4:20 P.M.) 5:10 P.M. - 6:00 P.M.) (Dinner: July 14, 2009 i II iii III II - 26- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL July 14, 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, July 14,2009, at 6:00 P.M Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Mayor William D. Sessoms, Jr. and John E. Uhrin, Council Members Absent: Vice Mayor Louis R. Jones [Family Vacation) Ron A. Villanueva [Family Vacation) Rosemary Wilson [Family Need - left after Closed Session.] James L. Wood [Family Vacation) INVOCA TION: Bishop Rudolph B. Lewis New Light Freewill Baptist 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. July 14, 2009 hi III II - 27 - Item V-E. CERTIFICATION ITEM # 59032 Upon motion by Councilman Dyer, seconded by Councilman DeSteph, 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: 7-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer Barbara M Henley, Mayor William D. Sessoms, Jr. and John E. Uhrin, Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones, Ron A. Villanueva, Rosemary Wilson and James L. Wood July 14, 2009 1,1 III II 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 #59031, 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. NOliY, 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. ~~~ City Clerk July 14, 2009 III III II - 28 - Item V-F.] ITEM # 59033 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the FORMAL SESSION of July 7,2009. Voting: 7-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer Barbara M Henley, Mayor William D. Sessoms, Jr. and John E. Uhrin, Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones, Ron A, Villanueva, Rosemary Wilson and James L. Wood July 14,2009 "I III I' - 29- Item V-G.l. ADOPT AGENDA FOR FORMAL SESSION ITEM # 59034 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION July 14, 2009 II III I - 30 - Item V-G.1. MAYOR'S RECOGNITION ITEM 59035 Mayor Sessoms RECOGNIZED the following Boy Scouts in attendance to earn their merit badges: Boy Scout Troop 63 Ashbury United Methodist Church Stephen Edelmann Christopher Lipscomb Mayor Sessoms presented each Scout with a City Seal Pin. July 14, 2009 - 31 - Item V-H.i. LEASE OF CITY PROPERTY ITEM # 59036 Mayor Sessoms DECLARED A PUBLIC HEARING: REAL and PERSONAL PROPERTY TAX EXEMPTIONS There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. 1,1 III July 14, 2009 II III I - 32 - Item V-J. ORDINANCES/RESOLUTIONS ITEM # 59037 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED in ONE MOTION Items la/b (DEFERRED) 2, 3, 4,5, 6, 7a/b and 8 of the CONSENT AGENDA. Voting: 7-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel. Robert M Dyer Barbara M Henley, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones, Ron A. Villanueva, Rosemary Wilson and James L. Wood Item J. I alb Ordinances to EXEMPT certain organizations from Real and Personal Property Taxes will be DEFERRED, BY CONSENT, until the City Council Session of August 11, 2009, (due to lack of attendance to provide a threejourth (3/4) (9 Votes). Item 2.b. Ordinance re absentee voting for November Elections and Presidential Primaries at three (3) satellite locations, Council Lady Henley will vote a VERBAL NA Y. July 14, 2009 iii III - 33 - Item V-J.1.aIb ORDINANCES/RESOLUTION ITEM # 59038 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council DEFERRED until the City Council Session of August 11, 2009 (due to lack of attendance to provide a three-fourth (3/4), (9 votes). Ordinances to EXEMPT certain organizations: a. From Real and Personal Property Taxes: 1. Mercy Medical Airlift 2. Virginia Baptist Children's Home and Family Services b. From Personal Property Taxes: 1. Faith Works Coalition 2. National Alliance on Mental Illness (NAMI) - Virginia Beach 3. Recovery for the City International 4. Tidewater Memorial Bicycle Park Fund, Inc. 5. Virginia Wild Horse Rescue Voting: 7-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer Barbara M Henley, Mayor William D. Sessoms, Jr. and John E. Uhrin, Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones, Ron A, Villanueva, Rosemary Wilson and James L. Wood July 14, 2009 II III' - 34 - Item V-J.2.a. ORDINANCES/RESOLUTION ITEM # 59039 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council ADOPTED: Ordinance to AMEND and REORDAIN the City Code re: a. 9 16-39 re spot blight abatement Voting: 7-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer Barbara M Henley, Mayor William D. Sessoms, Jr, and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones, Ron A. Villanueva, Rosemary Wilson and James L. Wood July 14, 2009 ,I III I 1 AN ORDINANCE TO AMEND SECTION 16-39 2 OF THE CITY CODE PERTAINING TO SPOT 3 BLIGHT ABATEMENT 4 5 Section Amended: 9 16-39 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 16-39 of the City Code is hereby amended and reordained to read 11 as follows: 12 13 Chapter 16 HOUSING AND BUILDING MAINTENANCE CODE 14 15 16 ARTICLE VI. HOUSING AND BUILDING MAINTENANCE CODE 17 18 Sec. 16-39. Spot blight abatement. 19 20 (a) The City of Virginia Beach, in accordance with Code of Virginia sections 21 36-49.1:1 et seq. may acquire or repair any blighted property, as defined in (b) below, 22 by exercise of the powers of eminent domain provided in title 25.1 of Code of Virginia, 23 and further, shall have the power to hold, clear, repair, manage, or dispose of such 24 property for purposes consistent with this section. In addition, the city may recover the 25 cost of any repair or disposal of such property from the owner, or owners of record at 26 their last known address as contained in the records of the treasurer or the current real 27 estate tax assessment records. 28 29 (b) "Blighted property" means any individual commercial, industrial, or 30 residential structure or improvement that endangers the public's health, safety, or 31 welfare because the structure or improvement upon the property is dilapidated, 32 deteriorated, or violates minimum health and safety standards, or any structure or 33 improvement previously designated as blighted under the process for determination of 34 "spot blight". 35 36 (c) The city manager or his designee shall make a preliminary determination 37 that a property is blighted in accordance with this section. The city manager or his 38 designee shall notify the owner, or owners of record as determined in (a) above, 39 specifying the reasons why the property is considered blighted. The owner or owners 40 shall have thirty (30) days from the date the notice is sent within which to respond in 41 writing with a spot blight abatement plan to address the blight within a reasonable time. 42 A spot blight abatement plan is a written plan prepared by the owner or owners of 43 record of the real property to address spot blight. 44 45 (d) If the owner or owners of record fail to respond within the thirty-day period 46 with a written spot blight abatement plan that is acceptable to the city manager or his 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 II III I designee, the city may (i) request the planning commission to conduct a public hearing :md make findings :md recommendations that shall be reported to city council concerning the repair or other disposition of the property in question and (ii) in the event 3 public hearing is scheduled, shall prepare 3 written spot blight abatoment plan for the repair or other disposition of the property may. by ordinance. declare the property bliqhted. (e) No spot blight abatement plan shall be effective until notice has been sent to the property owner or owners of record as determined in (a) above and an ordinance has been adopted by city council. Not less than three (3) '.veeks prior to the d3te of the public he3ring before the planning commission, the commission shall provide by regul3r 3nd certified m3il, notice of such hearing to (i) the owner of the blighted property or the 3gent designated by him for receipt of service of notices concerning the payment of real est3te t3xes within the locality; (ii) the abutting property O'Nners in each direction, including those property owners immediately across the street or road from the property; 3nd (iii) the representative neighborhood association, if any, for the immediate are3. The notice shall include the plan for the intended repair or other disposition of the property. The notice of the public hearing sh311 be published at least twice, with not less than six (6) days el3psing between the first and second publication in 3 nev.'spaper published or having general circulation in the locality in which the property is located. The notice also shall be posted on the property. The notice sh311 specify the time and pl3ce of the hearing 3t which persons 3ffected m3Y appear and present their views, not less than six (6) days nor more than ~Nenty one (21) days after the second public3tion. Written notice to the property owner shall be sent by reqular mail to the last address listed for the owner on the locality's assessment records for the property. toqether with a COpy of any spot bliqht abatement plan prepared by the city. (f) The planning commission, 3t this public hearing, sh311 determine 'A'hether: (1) The property is blighted; (2) The O'Nner h3s failed to cure the blight or present a reasonable plan to do so; (3) The plan for the repair or other disposition of the property is in accordance with the city's comprehensive plan, and the comprehensive zoning ordinances; and (4) The property is loc3ted '.vithin an are3 listed on the National Register of Historic Places. In such instances, the planning commission shall consult with the architectur31 review board, reg3rding the proposed repair or other disposition of the property by city council. ffi1 ill The pl3nning commission sh311 report its findings and recommendations concerning the property to city council. City council, upon receipt of such findings and recommendations, m3Y after an advertised public hearing, affirm, modify, or reject the planning commission's findings and recommendations. If the repair or other disposition of the property is approved, the city manager or his designee may carry out the II III I 92 approved plan to repair or acquire and dispose of the property in accordance with the 93 approved plan, the provisions of this section, and applicable law. 94 95 f9l If the ordinance is adopted by city council, the city shall have a lien on all 96 property so repaired or acquired under an approved spot blight abatement plan to 97 recover the cost of (i) improvements made by the city to bring the blighted property into 98 compliance with applicable building codes and (ii) disposal, if any. The lien on such 99 property shall bear interest at the leoal rate of interest. six (6) percent per annum. The 100 lien authorized by this section shall be filed in the circuit court of the City of Virginia 101 Beach and shall be subordinate to any prior liens of record. may be recorded as a lien 102 amono the land records of the Viroinia Beach Circuit Court. which lien shall be treated in 103 all respects as a tax lien and enforceable as such. City council may recover its costs of 104 repair from the owner or owners of record of the property when the repairs were made 105 at such time as the property is sold or disposed of by such owner or owners. If the 106 property is acquired by the city through eminent domain, the cost of repair may be 107 recovered when city council sells or disposes of the property. In either case, the costs of 108 repair shall be recovered from the proceeds of any such sale. 109 110 (h) If the blighted property is occupied for personal residential purposes, city 111 council, in approving the spot blight abatement plan, shall not acquire by eminent 112 domain such property if it would result in a displacement of the person or persons living 113 in the premises. The provisions of this subsection shall not apply to acquisitions, under 114 an approved spot blight abatement plan, by the city of property which has been 115 condemned for human habitation for more than one year. In addition, if the city is 116 exercising the powers of eminent domain in accordance with title 25.1 of Code of 117 Virginia, it may provide for temporary relocation of any person living in the blighted 118 property provided the relocation is within the financial means of such person. 119 120 (i) In lieu of the acquisition of blighted property by the exercise of eminent 121 domain and in lieu of the exercise of other powers granted in subsections (a) through 122 (g), city council by ordinance, may declare any blighted property to constitute a 123 nuisance, and thereupon abate the nuisance pursuant to Code of Virginia section 15.2- 124 900 or section 15.2-1115. Such ordinance shall be adopted only after written notice by 125 certified mail to the owner or owners of the property at the last known address of such 126 owner as shown on the current real estate tax assessment books or current real estate 127 tax assessment records. If the owner does not abate or remove the nuisance and the 128 city abates or removes the nuisance at its expense. the costs of the removal or 129 abatement shall be a lien on the property and such lien shall bear interest at the leoal 130 rate of interest. six (6) percent per annum. beoinnino on the date the removal or 131 abatement is completed throuoh the date on which the lien is paid. 132 133 0) The provisions of this section shall be cumulative and shall be in addition 134 to any remedies for spot blight abatement that may be authorized by law. 135 136 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of 137 July, 2009. 1,1 III II - 35 - Item V-J.2.b. ORDINANCES/RESOLUTION ITEM # 59040 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council ADOPTED: Ordinance to AMEND and REORDAIN the City Code re: b. ~10-1 to allow absentee votingfor November Elections and Presidential Primaries at three satellite locations: Courthouse Fire Station and both "full service" DMV offices ~ 16-39 re spot blight abatement Voting: 6-1 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Mayor William D. Sessoms, Jr. and John E. Uhrin, Council Members Voting Nay: Barbara M Henley Council Members Absent: Vice Mayor Louis R. Jones, Ron A. Villanueva, Rosemary Wilson and James L. Wood July 14, 2009 II III 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 TO AMEND SECTION 10-1 OF THE CITY CODE TO ALLOW ABSENTEE VOTING AT THE COURTHOUSE FIRE STATION AND BOTH FULL-SERVICE DEPARTMENT OF MOTOR VEHICLES LOCATIONS SECTION AMENDED: S 10-1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 10-1 of the City Code is hereby amended and reordained, to read as follows: Sec. 10-1. Establishment of precincts and polling places. There are hereby established in the city the following precincts and their respective polling places, as set forth below: Precinct Polling Place Alanton Elementary School Kemps Landing Magnet School Arrowhead Elementary School Avalon Church of Christ Ebenezer Baptist Church Bayside Elementary School Salem Middle School Blackwater Fire Station Virginia Beach Free Will Baptist Church Brandon Middle School Bow Creek Recreation Center Green Run Baptist Church Research and Enlightenment Building (Edgar Cayce Library) Back Bay Christian Assembly Centerville Elementary School Bayside Baptist Church College Park Elementary School Colonial Baptist Church Lynnhaven Colony Congregational Church Corporate Landing Middle School Courthouse Fire Station Creeds Fire Station Salem United Methodist Church Ocean Lakes High School Green Run High School 1 Alanton Aragona Arrowhead Avalon Baker Bayside Bellamy Blackwater Bonney Brandon Brookwood Buckner Cape Henry Capps Shop Centerville Chesapeake Beach College Park Colonial Colony Corporate Landing Courthouse Creeds Cromwell Culver Dahlia i I III I 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 Davis Corner Eastern Shore Edinburgh Edwin Fairfield Foxfire Glenwood Great Neck Green Run Haygood Hillcrest Precinct Holland Homestead Hunt Indian Lakes Kings Grant Kingston Lake Christopher Lake Joyce Lake Smith Landstown Larkspur Lexington Linkhorn Little Neck London Bridge Lynnhaven Magic Hollow Malibu Manor M1. Trashmore Newtown North Beach North Landing Ocean Lakes Ocean Park Oceana Old Donation Pembroke Pinewood Plaza Pleasant Hall Point O'View Red Wing Reon Rock Lake Bettie F. Williams Elementary School Eastern Shore Chapel S1. Aidan's Episcopal Church Kempsville Recreation Center Kempsville Presbyterian Church Princess Anne Middle School Glenwood Elementary School All Saints Episcopal Church Green Run Elementary School Haygood United Methodist Church Victory Baptist Church Holland Elementary School Providence Presbyterian Church Princess Anne Recreation Center Indian Lakes Elementary School S1. Nicholas Catholic Church King's Grant Presbyterian Church New Convenant Presbyterian Church Morning Star Baptist Church Bayside Church of Christ Landstown Community Church S1. Andrews United Methodist Church Kempsville Church of God Virginia Beach Community Chapel Lynnhaven United Methodist Church London Bridge Baptist Church Grace Bible Church Virginia Beach Moose Family Center Malibu Elementary School Providence Elementary School Windsor Woods Elementary School Good Samaritan Episcopal Church Galilee Episcopal Church Hope Haven Ocean Lakes Elementary School Bayside Community Recreation Center Scott Memorial United Methodist Church Old Donation Center for Gifted Pembroke Elementary School Lynnhaven Presbyterian Church Lynnhaven Elementary School Kempsville Baptist Church Pleasant Hall Annex Kempsville Church of Christ Fraternal Order of Police, Lodge #8 Woodstock Elementary School Salem Elementary School 2 . i II 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 Rosemont Forest Roundhill Rudee Seatack Shannon Shelburne Shell Shelton Park Sherry Park Sigma South Beach Stratford Chase Strawbridge Tallwood Thalia Thoroughgood Timberlake Trantwood Upton Village Windsor Oaks Witchduck Wolfsnare Central Absentee Voter Precinct Satellite Absentee Voter Precincts (onlv for November Elections and Presidential Primaries) II III I Rosemont Forest Elementary School Salem High School Virginia Beach Volunteer Rescue Squad Building Mount Olive Baptist Church Church of the Ascension Christopher Farms Elementary School Unity Church of Tidewater Shelton Park Elementary S1. Matthews Catholic Church Red Mill Elementary School Contemporary Art Center of Virginia Community United Methodist Church Strawbridge Elementary School Tallwood Elementary School Thalia Elementary School Independence Middle School White Oaks Elementary School Virginia Beach Christian Church Three Oaks Elementary School Thalia Lynn Baptist Church S1. Francis Episcopal Church Bayside Presbyterian Church Virginia Beach Christian Life Center AgricultureNoter Registrar Building Courthouse Fire Station. Department of Motor Vehicles Office-Donna Drive. Department of Motor Vehicles Office-Buckner Boulevard 122 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14th 123 day of July ,2009. APPROVED AS TO CONTENT: CA11236 R-3 July 6, 2009 APPROVED AS TO LEGAL SUFFICIENCY: Z~ City Attorney's OffiCer 3 II III I - 36 - Item V-J.3. ORDINANCES/RESOLUTION ITEM # 59041 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to execute the Agreement for the purchase of mulching equipment from the Southeastern Public Service Authority (SPSA) in exchange for reducing the City's current loan to SPSA; and, TRANSFER $377,000 savings to Reserve for Contingencies. Voting: 7-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer Barbara M Henley, Mayor William D. Sessoms, Jr. and John E. Uhrin, Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones, Ron A. Villanueva, Rosemary Wilson and James L. Wood July 14, 2009 i i II II III II 1 AN ORDINANCE TO APPROVE THE ACQUISITION OF 2 MULCHING EQUIPMENT FROM THE SOUTHEASTERN 3 PUBLIC SERVICE AUTHORITY (SPSA) AND PAYMENT 4 OF THE SALES PRICE BY A REDUCTION IN THE 5 AMOUNT SPSA OWES THE CITY 6 7 WHEREAS, the Southeastern Public Service Authority has terminated its 8 mulching operating at the Virginia Beach Landfill and has offered the remaining 9 mulching equipment to the City for $126,500 in exchange for reducing the City's current 10 loan to SPSA. 11 12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA, THAT: 14 15 1. The City Manager, or his designee, is hereby authorized to sign an 16 agreement to purchase mulching equipment at the Virginia Beach Landfill from the 17 Southeastern Public Service Authority; and 18 19 2. The purchase price ($126,500) shall be deducted from the amount of 20 funds SPSA owes the City in the General Fund reserve for loans. 21 22 3. The $377,000 savings shall be transferred to the Reserve for 23 Contingencies. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of July 2009. Approved as to Content: Approved as to Legal Sufficiency: L~i2t~ LManage e Services '------ c::~~ CA 11181 R-3 July 8, 2009 'I Iii II SUMMARY OF MATERIAL TERMS OF TRANSACTION Parties: City of Virginia Beach (City) and Southeastern Public Service Authority (SPSA) Purpose: SPSA proposes to sell a tub grinder, screener, and colorant pumping system to the City. Material Terms: . The assets are being sold to the City "as is/where is." . The sale price for the items will be netted against the current deferral of funds that SPSA owes to the City. . SPSA proposes a total cost of$126,500 for all three items (SPSA's acquisition cost for the three items was $605,922). ,I II III I - 37 - Item V-J.4. ORDINANCES/RESOL UTION ITEM # 59042 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council ADOPTED: Ordinance to A UTHORIZE a temporary encroachment into a portion of City-owned property for Janelle A. Thomas and Jennifer A. Hedrick to maintain an existing bulkhead, construct and maintain a wharf boat lift and floating dock at 2031 Echo Cove. DISTRICT 5 - LYNNHA VEN, subject to: The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee and that within thirty (30) days after the notice is given the Temporary Encroachment must be removed from the Encroachment Area by the Grantee and that the Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmles and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. It is further expressly understood and agreed that the granting of the Temporary Encroachment into the Encroachment Area (i.e. the City's public drainage easement) does not absolve the Grantee's obligation to obtain any necessary or required approvals and/or permits from other public and/or private entities. 7. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 8. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). July 14, 2009 II III II - 38 - Item V-J.4. ORDINANCES/RESOLUTION ITEM # 59042 (Continued) 9. It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of fifteen (15) feet in width landward from the shoreline, shall run the entire length of the shoreline and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer "). The Buffer shall not be established during the months of June, July or August so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security in an amount equal to the estimated cost of the required Buffer plantings to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection. Upon satisfactory completion of the Buffer, as determined by the City, the bond shall be released. An access path stabilized appropriately to prevent erosion through the Buffer to the shoreline is allowed. 10. It is further expressly understood and agreed that the Grantee must obtain and keep in force all- risk property insurance and general liability or such insurance as is deemed necessary by the City and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachment. 11. It isfurther expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. 12. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes, may require the Grantee to remove the Temporary Encroachment and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. July 14, 2009 ! II II III I' - 39 - Item V-J.4. ORDINANCES/RESOLUTION ITEM # 59042 (Continued) Voting: 7-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer Barbara M Henley, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones, Ron A, Villanueva, Rosemary Wilson and James L. Wood July 14, 2009 II II II III I 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PUBLIC DRAINAGE 6 EASEMENT LOCATED AT THE REAR 7 OF 2031 ECHO COVE, FOR JANELLE 8 A. THOMAS AND JENNIFER A. 9 HEDRICK 10 11 WHEREAS, Janelle A. Thomas and Jennifer A. Hedrick desire to maintain an 12 existing bulkhead and to construct and maintain a wharf, a boat lift, and a floating dock 13 into a public drainage easement located at the rear of 2031 Echo Cove, in the City of 14 Virginia Beach, Virginia. 15 16 WHEREAS, City Council is authorized pursuant to SS 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 City's easements subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That pursuant to the authority and to the extent thereof contained in SS 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Janelle A. Thomas and 24 Jennifer A. Hedrick, their heirs, assigns and successors in title are authorized to 25 maintain and to construct and maintain temporary encroachments for an existing 26 bulkhead, a wharf, a boat lift, and a floating dock into the public drainage easement as 27 shown on the map marked Exhibit "A" and entitled: "EXHIBIT "A" ENCROACHMENT 28 OF EXISTING BULKHEAD & PROPOSED WHARF, BOAT LIFT, AND FLOATING 29 DOCK INTO A PUBLIC DRAINAGE EASEMENT," a copy of which is on file in the 30 Department of Public Works and to which reference is made for a more particular 31 description; and 32 33 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 34 subject to those terms, conditions and criteria contained in the Agreement between the 35 City of Virginia Beach and Janelle A. Thomas and Jennifer A. Hedrick (the 36 "Agreement"), which is attached hereto and incorporated by reference; and 37 38 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 39 is hereby authorized to execute the Agreement; and 40 41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 42 time as Janelle A. Thomas and Jennifer A. Hedrick and the City Manager or his 43 authorized designee execute the Agreement. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day 46 of July ,2009. II III I CA-11035 X:\OIDlREAL ESTATE\Encroachments\PW Ordinances\CA11035 Thomas & Hedrick Ordiance.doc V:\applications\citylawprod\cycom32\Wpdocs\DO 18\P006\00016246. DOC R-1 PREPARED: 6/23/09 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM .\ (, (.\ V ' I - ( ~. \) . Lt~ -::l. JtJ\c\ Nell L. Ford, Special Council for the City Attorney PREPARED BY VIRGINIA BEACH CITY A TIORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this 23 day of J uN F, 2009, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JANELLE A. THOMAS and JENNIFER A. HEDRICK, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 39A" as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 39 & 40, BAYCLlFF, SECTION 3 (M.B. 90, Pg. 27) L YNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 94, at page 46, and being further designated, known, and described as 2031 Echo Cove, Virginia Beach, Virginia 23454; WHEREAS, it is proposed by the Grantee to maintain an existing bulkhead and to construct and maintain a wharf, a boat lift, and a floating dock, collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City public drainage easement, the "Encroachment Area"; and GPIN: 2409-31-3586-0000 II III II WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordan ce with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "EXHIBIT "A" ENCROACHMENT OF EXISTING BULKHEAD & PROPOSED WHARF, BOAT LIFT, AND FLOATING DOCK INTO PUBLIC DRAINAGE EASEMENT," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 II III 'I It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the granting of the Temporary Encroachment into the Encroachment Area (Le. the City's public drainage easement) does not absolve the Grantee's obligation to obtain any necessary or required approvals and/or permits from other public and/or private entities. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction with the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or 3 II III I August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or ot her security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any 4 II III I manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Janelle A. Thomas and Jennifer A. Hedrick, the said Grantee, have caused this agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 III III I CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2009, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk! Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2009, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 II III ,I Je~kL~:~ ~T:0~N~~~~.j)8Actl ,to-wit: The foregoing instrument was acknowledged before me this 2.:3 day of JUNe ,2009, by Janelle A. Thomas. tik~ ~.i~.,' 7T(SEAL) o ary Public Notary Registration Number: ! 93' 2r;Lf My Commission Expires: Yp 3/ cP (~ I . STATEOFVIRGIN~~ ,j CITY/OOUr{TY OF Q '11t!. , to-wit: The foregoing instrument was acknowledged before me this 2'\1 ..... VlIRt1T ... ,.... C._~ iii...,..... .... day of V <.I J.lE' , 2009, by Jennifer A. Hedrick. ~~~7r(SEAL) otary ublic Notary Registration Number: I 7:3 ,...~ rr:-~ My Commission Expires: ~ ~~ ~~ 7 fDWNID W. 81m' -., PuIlffc ColllU"", of VIrtIRfI ,.. ~fapha 31.lOtI II 1111 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~T'tR~CWS~ /LD /\ ( ,)~, { \. \ ~1 0 -" '~-I, < I I \t" X'-.. :.:f, ......J,,\ ( \ Neill. Ford, '> Special Counsel for the City Attorney Pro R'F~J [J.)tJ~ DEPARTMENT G:\USERS\SHARED\WP80\RE\Real Estate Forms\WORD DOCS\ENCROACHMENTS\ENCROACHMENT.AGREEMENT.doc 8 .." j- "- " EXISTING BULKHEAD 'J. - / / 88' LONG x 8. WIDE ,. PROPOSED 3' x 25' WHARF " PROPOSED 11' X 13' BOAT LIFT 40 80 ,. I " /' SCALE 1" = 40' .... l.U 6 () o :c u w f- o~ f-O -HQ.~ c>-- octa: ,..mo -- APPLICANT INFORMATION: JANELLE THOMAS & JENNIFER HEDRICK 2031 ECHO COVE VIRGINIA BEACH, VA 23454 10.5' 8.8' 25.8' .-- 3.0' 25.4' 3.4' 25.0' DIMENSION INSERT SCALE: 1>" = 20' T 10.0' L j--- 20.2' ---! 3,3' 5.1' o SBS'48'1S-C -- 222.02' LOT 38 NOW OR FORMERLY JANE H & LAWRENCE H JR WOODWARD 2029 ECHO COVE GPIN 2409-31-3649 M.B. 94. PG. 46 I -- -- I I ~I~ " II) t\j .... . " ~ ::: lOT 33 ~ NOW OR FORMERLY I ALFRED L. III & DANA L. HOW 1537 BAY POINT DRIVE GPIN 2409-31-5589 M.B. 94. PG. 46 PROPOSED 15' RIPARIAN BUFFER r I I NOW OR FORMERLY CITY OF VIRGINIA BEACH PUBLIC DRAINAGE EASEMENT EX IBIT HA" ENCROACHMENT OF EXISTING BULKHEAD & PROPOSED WHARF, BOAT LIFT, AND FLOATING DOCK INTO PUBLIC DRAINAGE EASEMENT ..._",'~'- -... ~~.- --.,- '~-'".' - .." ...... . -'--'-"",~,,,,,,-"'."".,....~,... ,.". -,-. - .,-.~.".~ ""~..~.'...' . FEBRUARY 5, 2009 .._-."::~f:~~~;f Civil Solutions L:... 1060 Ly,mhaven Parkway Suire III Virgln;Q BeQch VIrginia 23452 (7571 689-4840 (ax (757) 689.4841 LOT 39A BAYCLIFF 2031 ECHO COVE VIRGINIA BEACH, VA 23454 ME PROJECT #VB08.187 NAUTICAL LOCATION: MILL DAM CREEK A TRIBUTARY OF 8RO~D BAY VIRGINIA BEACH II III II - 40- Item V-J. 5. ORDINANCES/RESOLUTION ITEM # 59043 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council ADOPTED: Resolution to EXTEND the existence of the Bayfront Advisory Committee (BAC) to June 30, 2014, and CHANGE the composition to four (4) Ex Officio Members: the Planning Commission and City Council Members representing the Bayside and Lynnhaven Districts plus eleven (11) citizen members. Voting: 7-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer Barbara M Henley, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones, Ron A. Villanueva, Rosemary Wilson and James L. Wood July 14, 2009 I I II i I 1'1 I REQUESTED BY VICE-MAYOR LOUIS R. JONES AND COUNCILMEMBER JAMES L. WOOD 1 A RESOLUTION EXTENDING THE EXISTENCE AND 2 CHANGING THE COMPOSITION OF THE BAYFRONT 3 ADVISORY COMMITTEE 4 5 WHEREAS, in February 1998, the City Council established the Shore Drive 6 Advisory Committee; and 7 8 WHEREAS, pursuant to Resolution No. 3218, adopted on November 28, 2006, 9 the Shore Drive Advisory Committee was renamed the and its existence was extended 10 to June 30, 2009; and 11 12 WHEREAS, the Bayfront Advisory Committee (the "Committee") continues to 13 perform its duties and responsibilities and performs a vital function in assisting the 14 Council in determining the appropriate course of action to take with respect to the 15 Bayfront area; and 16 17 WHEREAS, the City Council, upon recommendation of the Committee, with 18 citizen participation, believes that the composition of the Committee should be changed; 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 1. That City Council hereby changes the composition of the Bayfront Advisory 24 Committee to four (4) ex officio members, who shall be the Planning Commissioners 25 and City Councilmembers from the Bayside and Lynnhaven Districts, and eleven (11) 26 citizen members. 27 28 2. That City Council hereby extends the existence of the Bayfront Advisory 29 Committee ("BAC'') to June 30, 2014. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the -1..liJxjay of 32 July , 2009. APPROVED AS TO LEGAU SUFFICIENCY: ~ . W~ City Attorney's fflce CA 1 0833/R..3/June 23, 2009 II 111;1 - 41 - Item V-J. 6. ORDINANCES/RESOLUTION ITEM # 59044 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council ADOPTED: Ordinance to AMEND the FY 2009-2010 Operating Budget of the Department of Housing and Neighborhood Preservation; APPROPRIATE and TRANSFER thesefundsfrom the Us. Department of Housing and Urban Development (HUD) re the Housing Choice Voucher program. Voting: 7-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer Barbara M Henley, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones, Ron A. Villanueva, Rosemary Wilson and James L. Wood July 14, 2009 ! II 'I 11I1 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 THE FY 2009-10 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Department of Housing and Neighborhood Preservation's FY 2009-10 Operating Budget is amended by the amounts and purposes set forth below: (A) Estimated federal revenue of $101,957 was not received for the CD Loan and Grant Fund, and as such, $101,957 of previously appropriated funds is hereby reduced within the CD Loan and Grant Fund; (B) Estimated federal revenue of $20,000 was not received for the Community Development Special Revenue Fund, and as such, $20,000 of previously appropriated funds is hereby reduced within the Community Development Special Revenue Fund; (C) Estimated federal revenue to the Federal Housing Assistance Grant Fund has increased by $138,521 and is hereby appropriated for the purpose of providing housing services; (D) Estimated federal revenue to the Grants Consolidated Special Revenue Fund has increased by $33,118 and is hereby appropriated for the purpose of providing housing services; (E) Estimated federal revenue of $1,429,711 was not received for the Section 8 Program Special Revenue Fund, and as such, $1,429,711 of previously appropriated funds is hereby reduced within the Federal Section 8 Program Special Revenue Fund; (F) $20,000 is hereby transferred from the Federal Section 8 Program Special Revenue Fund to the Community Development Special Revenue Fund to fund operational costs and ensure compliance with federal administrative cap requirements. (G) $38,849 is hereby transferred from the CD Loan and Grant Fund to the Community Development Special Revenue Fund to fund operational costs for a non- profit homeless facility in Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of July, 2009. Requires an affirmative vote by a majority of all the members of City Council. II Iii I' Il n' i jj~Q~ Management Services. APPROVED AS TO LEGAL SUFFICIENCY: APPROVED AS TO CONTENT: ~~ C . 's Office CA11184 R-2 July 1, 2009 i i II II III II Attachment to Ordinance to Amend Department of Housing's Operating Budget City Council July 14, 2009 Item Amount Comment Decrease estimated program income ($100,000) The housing downturn has severely impacted (repayment of loans) in the CD Loan refinancings and housing sales, thus reducing and Grant Fund (181) loan repayments. Staff expect this to continue in FY 2009-2010. Decrease estimated program income ($20,000) Reduction is based on actual FY 2008-09 in the Community Development experience with new fee collection for this Special Revenue Fund (180) program. Transfer appropriations from CD Loan $38,849 To fund operational costs for a homeless and Grant Fund (181) to the facility. Community Development Special Revenue Fund (180) Transfer General Fund appropriations $20,000 To fund operational costs and ensure from the Federal Section 8 Program compliance with Federal administrative cap Special Revenue Fund (147) to the requirements. Community Development Special Revenue Fund (180) Decrease grant revenue in the CD Loan ($1,957) This adjusts the grant revenue to the actual and Grant Fund (181) amount. Appropriate additional HOME program $150,063 This adjusts the grant revenue to the actual revenue in the Federal Housing amount. Assistance Grant Fund (182) Reduce American Dream Down- ($11,542) This program has been discontinued by HUD. payment Initiative Revenue in the Federal Housing Assistance Grant Fund (182) Appropriate additional HOPWA $34,215 This adjusts the grant revenue to the actual revenue in the Grants Special Revenue amount. Fund (183) Reduce Emergency shelter grant ($1,097) This adjusts the grant revenue to the actual revenue in the Grants Special Revenue amount. Fund (183) Increase Housing Choice Voucher $96,455 This is an updated estimate based on the actual Administrative Revenue in the Federal formula provided by HUD. Section 8 Program Special Revenue Fund (147) Decrease Housing choice Voucher ($1,526,166) This decrease is due to an administrative housing payment revenue in the change, which does not affect the number of Federal Section 8 Program Special persons assisted. This change is required to Revenue Fund (147) adjust utilization of available funding over time, and involves funding certain households with directly-received funding rather than obtaining payment from other housing authorities. . I II II III II Significant* Changes in the Use of Federal Funds from the Adopted Budget Project Name and Change Amount Comment Added a New Project: $370,000 This amount is partial funding set aside to begin Relocation/Replacement of the accumulating funding. The project is necessary Lighthouse Center in the CD Loan and due to potential future redevelopment. Grant Fund (181) Added a New Project: $47,530 This amount is for planning purposes to support The Healing Place in the CD Loan and the development of a regional facility for Grant Fund (181) homeless substance abusers. *The changes listed here are only those which involve the proposal of a new project. Multiple smaller changes and fund substitutions are being made but do not involve program or policy changes or new programs or facilities. II III - 42- Item V-J. 7. a. b. ORDINANCES/RESOLUTION ITEM # 59045 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council ADOPTED: Ordinances to ACCEPT, APPROPRIATE and TRANSFER Grant funds to the FY 2009-2010 Operating Budget of the Department of Juvenile Probation (Virginia Beach Court Service Unit) from the Department of Criminal Justice Services through the Juvenile Accountability Block Grant (JABG): a. $43,828 re a part-time employee to oversee detention initiatives and internal policy changes b. $13,360 re the purchase of electronic training equipment Voting: 7-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer Barbara M Henley, Mayor William D. Sessoms, Jr. and John E. Uhrin, Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones, Ron A. Villanueva, Rosemary Wilson and James L. Wood July 14, 2009 II 1111 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO THE FY 2009-10 OPERATING 3 BUDGET OF THE DEPARTMENT OF JUVENILE 4 PROBATION FOR THE PURPOSE OF PROMOTING A 5 SYSTEMATIC CHANGE IN THE LOCAL JUVENILE 6 JUSTICE SYSTEM 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 1. That $43,828 in grant funding is hereby accepted from the Department of 12 Criminal Justice Services through the Juvenile Accountability Block Grant and 13 appropriated to the FY 2009-10 Operating Budget of the Department of Juvenile 14 Probation for the purpose of funding a part-time FTE to oversee detention initiatives and 15 internal policy changes, with federal revenues increased accordingly. This position is to 16 dissolve once grant funds have been exhausted. 17 18 2. That $4,870 is hereby transferred within the FY 2009-10 Operating Budget 19 of the Department of Juvenile Probation for the required match. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of Jul v 2009. Approved as to Content: Approved as to Legal Sufficiency: .~)~ U . Management Services .~~ CA11182 R-2 July 1, 2009 II III I, . Systems Change Coordinator (SCe): o Will be responsible for developing internal processes, training, policies, collaborations, and identifying appropriate data collection strategies. . Systematic Change Coordinator will evaluate and focus on the following 5 areas for systematic change: o Education and Training. The SCC will work to train and education local court staff as well as community partners on the "What Works" research and evidence based practices. This education will change how community partners and the courts address the needs of youth within the juvenile justice system. o Appropriate Linkage to Services. Ensuring a Prescreening / full-screening of youth is implemented so that appropriate services are assigned to each youth based on risk level and need. o Mental Health/Substance Abuse Assessments: The SCC will coordinate with community service providers to find the most suitable treatment programs and to expedite the process for mental health and substance abuse evaluations. o Detention Alternatives: The SCC will focus on evaluating the juvenile detention population and to develop other less restrictive programs for appropriate youth. Alternative placements will be offered as opposed to blanketing minor/major offenses with the same punishment. o Length of Stay: The SCC will evaluate the current mechanisms and procedures that are used in tracking detained youth. The SCC will also identify disparities in the length of stay for juveniles (Le., why some are detained three times as long as others). If gaps are found in the processes the SCC will work to close the gaps and work with the necessary parties affected by the change. . Planned use of Grant Funds: o Salary/Fringe: $28,441 o Travel/Sub: $12,481 o Equipment: $ 452 o Supplies/Training Equip: $ 7,324 Total Cost $48,698 ,i II 1" III II 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO THE FY 2009-10 OPERATING 3 BUDGET OF THE DEPARTMENT OF JUVENILE 4 PROBATION FOR THE PURCHASE OF ELECTRONIC 5 TRAINING EQUIPMENT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 1. That $13,360 in grant funding is hereby accepted from the Department of 11 Criminal Justice Services through the Juvenile Accountability Block Grant and 12 appropriated to the FY 2009-10 Operating Budget of the Department of Juvenile 13 Probation for the purpose of purchasing electronic training equipment to accommodate 14 the special training needs of the department, with federal revenues increased 15 accordingly. 16 17 2. That $1,485 is hereby transferred within the FY 2009-10 Operating Budget 18 of the Department of Juvenile Probation for the required match. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of July 2009. Approved as to Content: Approved as to Legal Sufficiency: j)~~ ~ Management Services ) ];)ffl4--- . tt y's Office CA11183 R-2 July 1, 2009 II III II - 43 - Item V-J. 8. ORDINANCES/RESOLUTION ITEM # 59046 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council ADOPTED: Ordinance to TRANSFER $90,000 from the General Fund Reserve for Contingencies to the FY 2008-09 Operating Budget of the General District Court re court appointed attorney fees. Voting: 7-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer Barbara M Henley, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones, Ron A. Villanueva, Rosemary Wilson and James L. Wood July 14,2009 II III I 1 AN ORDINANCE TO TRANSFER FUNDS FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES IN 3 THE FY 2008-09 OPERATING BUDGET TO THE VIRGINIA 4 BEACH GENERAL DISTRICT COURT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $90,000 is hereby transferred from the General Fund Reserve for 10 Contingencies to the FY 2008-09 Operating Budget of the Virginia Beach General 11 District Court for court appointed attorney fees. 12 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14thday of July , 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 5J ;dC\ ~ 0./1 ~. I Management Services . J& ( ~---- ? 's Office CA11235 R-2 July 1, 2009 II 1'1 II - 44- Item V-KlL. ITEM # 59047 PLANNING - NO ACTION 1. AME UNITED, INC.I GREEN RUN ASSOC., LLC. CONDITIONAL USE PERMIT PLANNING 1. TR UTH FAITH and DELIVERANCE MINISTRIES/ GREAT EASTERN RESORT CORPORATION CONDITIONAL USE PERMIT 2. LIGHTHOUSE FELLOWSHIP CHURCH/ JAMES HARRELL CONDITIONAL USE PERMIT 3. BLACKWATER BAPTIST CHURCH MODIFY AND ADD Conditions (approved by City Council on August 17,1981) 4. HOWARD R. TABOR/DEEPACK PATEL CONDITIONAL USE PERMIT 5. GARY W. and ANNA T. WYATT CONDITIONAL USE PERMIT 6. ENDEA VOR ENTERPRISES, L.L.C. CONDITIONAL CHANGE OF ZONING July 14, 2009 Item V-K.1. - 45 - ITEM # 59048 PLANNING-NOACTION NO ACTION - Deferred by the Planning Commission for 30 days: Application of AME UNITED, INC.lGREEN RUN SQUARE ASSOC., LLC for a Conditional Use Permit re a bar and nightclub at 3320 Holland Road, Suite 1118. DISTRICT 3 - ROSE HALL iii III II July 14, 2009 1,1 III I' - 46 - Item V-L ITEM # 59049 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5 and 6 (DEFERRED August 11,2009) of the PLANNING BY CONSENT AGENDA. Voting: 7-0 (By Consent) Council Members Voting Aye: Glenn R, Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer Barbara M Henley, Mayor William D. Sessoms, Jr. and John E. Uhrin, Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones, Ron A. Villanueva, Rosemary Wilson and James L. Wood July 14, 2009 I i II hi III I - 47- Item V-L.1. ITEM # 59050 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council ADOPTED an Ordinance upon application of TRUTH FAITH and DELIVERANCE MINISTRIES/GREAT EASTERN RESORT CORPORATION for a Conditional Use Permit re a church at 3386 Holland Road. ORDINANCE UPON APPLICATION OF TRUTH FAITH AND DELIVERANCE MINISTRIES / GREAT EASTERN RESORT CORPORATION, FOR A CONDITIONAL USE PERMIT, RE A CHURCH R070935358 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of TRUTH FAITH and DELIVERANCE MINISTRIES / GREAT EASTERN RESORT CORPORATION, for a Conditional Use Permit, re a church, 3386 Holland Road. (GPIN: 14868270070001) DISTRICT 3 - ROSE HALL. The following condition shall be required: 1. The applicant shall obtain all necessary permits, inspections and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth of July, Two Thousand Nine Voting: 7-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer Barbara M Henley, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones, Ron A. Villanueva, Rosemary Wilson and James L. Wood July 14,2009 1'1 III II - 48 - Item V-L.2. PLANNING ITEM # 59051 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council ADOPTED an Ordinance upon application of LIGHTHOUSE FELLOWSHIP CHURCH/James Harrell for a Conditional Use Permit re a church at 463 South Lynnhaven Road ORDINANCE UPON APPLICATION OF LIGHTHOUSE FELLOWSHIP CHURCH/JAMES HARRELL FOR A CONDITIONAL USE PERMIT RE A CHURCH AT 463 SOUTH LYNNHA VEN ROAD R070935359 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of LIGHTHOUSE FELLOWSHIP CHURCH/James Harrell for a Conditional Use Permit re a church at 463 South Lynnhaven Road (GPIN: 14961835640000). DISTRICT 3 - ROSE HALL The following conditions shall be required: 1. The number of individuals attending anyone service shall not exceed the occupancy number established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 3. This Conditional Use Permit is validfor three years. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth of July, Two Thousand Nine Voting: 7-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer Barbara M Henley, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones, Ron A. Villanueva, Rosemary Wilson and James L. Wood July 14, 2009 II III II - 49- Item V-L.3. PLANNING ITEM # 59052 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council ADOPTED an Ordinance upon application of BLACKWATER BAPTIST CHURCH to MODIFY AND ADD Conditions (approved by City Council on August 17, 1981) for an addition of a youth activity room and two classrooms at 6000 Blackwater Road. ORDINANCE UPON APPLICATION OF BLACKWATER BAPTIST CHURCH TO MODIFY AND ADD CONDITIONS (APPROVED BY CITY COUNCIL ON AUGUST 17, 1981) FOR AN ADDITION OF A YOUTH ACTIVITY ROOM AND TWO CLASSROOMS AT 6000 BLACKWATER ROAD: BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BLACKWATER BAPTIST CHURCH to MODIFY AND ADD Conditions (approved by City Council on August 17, 1981) for an addition of a youth activity room and two classrooms at 6000 Blackwater Road. (GPIN 13982187120000): DISTRICT 7 - PRINCESS ANNE. The following conditions shall be required: 1. All conditions attached to the Conditional Use Permit granted by the City Council on August 17, 1981 remain in effect. 2. The following shall be considered additional conditions of the August 17, 1981, Conditional Use Permit: a. The site shall be developed in substantial conformance with the submitted plan, modified by hand, to show the "Proposed Addition" to the south side of the existing church entitled "Resubdivision of property for the Blackwater Baptist Church ", Sheet 1 of 1 prepared by Mel Smith & Associates, and dated January 25. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. b. Modifications to the site plan, as approved by the Director of Planning, may be made as necessary to address any changes that may result during detailed site plan review through the Development Services Center (DSC). c. The proposed building addition shall be constructed substantially in accordance with the submitted "Front and Right End Elevations" prepared by Mark Conboy General Contractor, Inc. Said elevations have been exhibited to the Virginia Beach City Council and are onfile with the Virginia Beach Planning Department July 14, 2009 hi 1'1 II - 50 - Item V-L.3. PLANNING ITEM # 59052 (Continued) This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth of July, Two Thousand Nine Voting: 7-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer Barbara M Henley, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones, Ron A. Villanueva, Rosemary Wilson and James L. Wood July 14, 2009 II III II - 51 - Item V-LA. PLANNING ITEM # 59053 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council ADOPTED an Ordinance upon application of HOWARD R. TABOR/DEEPAK PATEL for a Conditional Use Permit re motor vehicle sales at 300 S. Rosemont Road: ORDINANCE UPON APPLICATION OF HOWARD R. TABOR/DEEPAK PATEL FOR A CONDITIONAL USE PERMIT RE MOTOR VEHICLE SALES AT 300 S. ROSEMONT ROAD R070935360 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HOWARD R. TABOR/DEEPAK PATEL for a Conditional Use Permit re motor vehicle sales at 300 S. RosemontRoad (GPIN: 14876077750000) DISTRICT 3 - ROSE HALL The following conditions shall be required: 1. All conditions attached to the Conditional Use Permit granted by City Council on May 25, 1999, and the Modification of Conditions granted by City Council on January 13, 2009, shall remain in effect. 2. Vehicles for sale shall be limited to five (5) vehicles in defined parking spaces to be determined and located within an area designated for display within the paved parking lot. No vehicles shall be parked within any portion of the public right-of way. No vehicles shall be displayed on raised platforms, earthen berms or any other structure designed to display a vehicle higher than the elevation of the main parking area. 3. The landscaping shall be supplemented along Rosemont Road, South Plaza Trail and Victoria Drive. The applicant shall request an inspection of the landscapingfor approval by Planning Department staff (Current Planning / Zoning) before a business license is issued to operate automobile sales on the site. 4. The vehicular entrance on Victoria Drive, the westernmost access point on South Plaza Trail, the southernmost access point on Rosemont Road, shall be closed The applicant shall install curb and gutter, landscaping and sidewalk to match existing. 5. There shall be no pennants, streamers, balloons, portable signs or banners displayed on the site or the vehicles. 6. All containers shall be removed from the site. The applicant shall request an inspection of the landscaping for approval by the Planning Department staff (Current Planning / Zoning) before a business license is issued to operate automobile sales on the site. 7. All vehicle repairs shall be conducted inside the building. No outside storage of vehicles in a state of obvious disrepair shall be permitted Ijvehicles in this condition require storage, then such vehicles shall be stored within the building. July 14, 2009 I II III III I - 52 - Item V-L.4. PLANNING ITEM # 59053 (Continued) 8. There shall be no storage of tires, merchandise or debris of any kind outside of the building. 9. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded and focused away from adjoining property. 10. The additional conditions of the May 25, 1999, Use Permit, as modified by City Council on January 13, 2009, are deleted and replaced with the following: a. The monument sign proposed to be installed at the southwest corner of the site shall be substantially consistent with the submitted enhanced photo elevations of a light- emitting diode (LED) sign. The sign shall not have video playback capabilities nor have any audio capabilities. Said sign shall replace the existing sign at the same location and shall be no higher than eight (8) feet. A landscape plan for plantings around the base of the sign shall be submitted to the Current Planning Division of the Department of Planningfor approval. b. No such sign shall advertise or direct the attention of the general public to an establishment, business or service that is located on a separate site from the zoning lot on which the sign is located. c. The sign shall include a light-sensitive photocell feature that will reduce and increase the intensity of the LED output commensurate with the external ambient light level (LED output reduction for night and cloudy conditions and LED output increase for daytime sunny conditions). d. No portion of the material displayed by any such sign, including backgrounds. colors, pictures, lettering, pictures or other graphics. shall be changed more frequently than once every eight (8) seconds. This shall not, however. prohibit a single element on any static image from movement (as in a butterfly or bouncing ball moving across the screen during a static image message). e. Video displays or audio speakers on, or electronically connected to, such signs shall not be permitted. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth of July, Two Thousand Nine July 14. 2009 1'1 III II - 53 - Item V-LA. PLANNING ITEM # 59053 (Continued) Voting: 7-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer Barbara M Henley, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones, Ron A. Villanueva, Rosemary Wilson and James L. Wood July 14, 2009 hi III I - 54 - Item V-L.5. PLANNING ITEM # 59054 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council ADOPTED Ordinance upon application of GARY W. and ANNA T. WYATT for a Conditional Use Permit re alterations to an existing residential kennel at 1817 Indian River Road. ORDINANCE UPON APPLICATION OF GARY W. AND ANNA T. WYATT FOR A CONDITIONAL USE PERMIT RE ALTERATIONS TO AN EXISTING RESIDENTIAL KENNEL AT 1817 INDIAN RIVER ROAD R070935361 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of GARY W. and ANNA T. WYATT for a Conditional Use Permit re alterations to an existing residential kennel at 1817 Indian River Road. (GPIN:241331263700000) DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. No more than twelve (12) adult dogs (over six (6) months of age) shall be kept on the property at any time. 2. The applicant shall maintain the dogs in a current status for any required shots and shall properly license the dogs through the City of Virginia Beach. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth of July, Two Thousand Nine Voting: 7-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer Barbara M Henley, Mayor William D. Sessoms, Jr. and John E. Uhrin, Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones, Ron A. Villanueva, Rosemary Wilson and James L. Wood July 14, 2009 II III II - 55 - Item V-L.6. PLANNING ITEM # 59055 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council DEFERRED to the City Council Session of August 11, 2009, Ordinance upon application of ENDEA VOR ENTERPRISES, L.L.Cfor a Chansze of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional B-1A Limited Business District and P-1 Preservation District at Chestnut Oak Way. ORDINANCE UPON APPLICATION OF ENDEAVOR ENTERPRISES, L.L.C FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 AGRICULTURAL DISTRICTS TO CONDITIONAL B-1A LIMITED BUSINESS DISTRICT AND P-1 PRESERVATION DISTRICT AT CHESTNUT OAK WAY. Ordinance upon application of ENDEA VOR ENTERPRISES, L.L.C for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional B-1A Limited Business District and P-1 Preservation District at Chestnut Oak Way. DISTRICT 7 - PRINCESS ANNE Voting: 7-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer Barbara M Henley, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones, Ron A. Villanueva, Rosemary Wilson and James L. Wood July 14, 2009 ; I II - 56 - Item v.M.1. APPOINTMENTS ITEM # 59056 BY CONSENSUS, CITY COUNCIL RESCHEDULED the following APPOINTMENTS: HEALTH SERVICESADVISORY BOARD III III II July 14, 2009 II III II - 57 - Item V.M.2. APPOINTMENTS ITEM # 59057 Upon NOMINATION by Councilman DeSteph, City Council APPOINTED: Delana Smith, Junior Tal/wood High School 2 year term, 09/01/2009 - 06/30/2011 PARKS and RECREATION COMMISSION Voting: 7-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer Barbara M Henley, Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones, Ron A. Villanueva, Rosemary Wilson and James L. Wood July 14, 2009 III III II - 58 - Item v.P. ADJOURNMENT ITEM # 59058 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:09 P.M. al~_____?!:_7!qo~ Beverly 0. Hooks, CMC Chief Deputy City Clerk ~:-~~ ~;;ges Fraser, MMC City Clerk William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia July 14, 2009 ,; II :1 hi III II - 58 - Item v.P. ADJOURNMENT ITEM # 59058 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:09 P.M. (f~___,;2,_~~..0 Beverly 0. Hooks, CMC Chief Deputy City Clerk ~~ City Clerk City of Virginia Beach Virginia July 14, 2009