AUGUST 25, 2009
II II
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CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR WILUAl"f /J. SliSSOMS, JIi. A/-I,arRe
VICli MAYON U){!IS Ii. JONIiS, Hays/de - IJlStrlct-l
(i/.IiNN Ii. IJA VIS, N/lse Hall - IJ/slrict 3
WIU.lAM Ii. IJeSlliPH, A/-I,arRe
HARRY Ii. IJl/iZlil" Kempsville - IJlsl"" 2
1I0HFIIT M nYfiN, Cen/emlle - f),slnc/ I
HAIIHAIIA M. HFNU:T, Prmeess Anne l!is/rlel'
JOHN F. {!HIIIN, Reach f)lSIne/ (,
!ION A. VIUANliFVA, AI-I,/lrRe
NOS/:J"fANY WI/,SON, AI-l.arRI'
JAMI:S I, WOlif), 1,l'fInhal'en .1 hI/riel 5
CITY COUNCIL APPOINTEES
C 17Y MANAG/:R JAMliS K SPONF
CITY A 770NNFY MANK I) SJ1U:S
CITY ASSliSSON JliRAU) HANACiAN
('I7Y AI 1f)170R I,YNIX!N .1', RFMIAS
('/7Y CU:RK NI nH H()f)(iFS I'JiASfiR. MMC
CITY COUNCIL AGENDA
25 AUGUST 2009
I.
CITY COUNCIL BRIEFING:
- Conference Room -
A. GROMMET ISLAND PARK
John Uhrin, Council Member - Beach District
Bruce Thompson, President - PHR
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
IV. 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 I
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGllv'fA BEACH VIRGINIA 23456-8005
PHONE (757) 385-4303
FAX (757) 385-5669
/:.'- MAIL.' Ctycnc/@vbgov.com
2:00 PM
3:00 PM
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CITY COUNCIL BRIEFING
GROMMET ISLAND PARK
ITEM # 59114
2:00 P.M.
Mayor Sessoms requested Councilman Uhrin commence the Briefing re Grommet Island Park.
Councilman Uhrin advised the City has made many strides in creating access for the disabled. The access
to the City's Beaches are preferable to any on the East Coast. The Sandler Center has gone well beyond
the legal requirements re disability access. Virginia Beach is also the "home" of the only Dinner Cruise
Ship, located off Laskin Road, which is fully handicap accessible. Councilman Uhrin presented City
Council with an opportunity to do even better in terms of providing a handicapped accessible playground
directly on the sand in Virginia Beach. Bruce Thompson, President - PHR, developed the concept.
Bruce Thompson advised his son, Josh, had been diagnosed with Amyotrophic Lateral Sclerosis (A LS),
now commonly known as "Lou Gehrig's Disease ", inspired a record breaking fundraiser for ALS, the
"JT WALK AND BEA cn PAR TY" on October 19, 2008. The goal for $100,000,' was exceeded with
$1-MILLION raised. There were 7,000 participants. The proceeds were provided to John Hopkins and
shortly thereafter President Obama signed the legislation for "stem cells ". A substantial grant was
received for this research. Also a substantial grant was made to the local ALS Chapter. The first Multi-
Disciplinary Clinic was opened in Newport News where all the ALS patients can be provided medical
care in one place (Speech Pathologist, Neurologist, Social Worker, Occupational Therapist and Dentist).
These facilities were not previously available anywhere in the region. Mr. Thompson referenced The
New York Times article featuring his son on "Fighting for a Last Chance at Life", Sunday, May 17,
2009. This concerned the Family Access to an unproved drug developed in Richmond but not approved
by the Federal Drug Administration (FDA) in the United States. The Italian Minister of Health made this
drug available in Italy. There is legislation that is being considered today which will make experimental
drugs available to terminally ill patients.
Mr. Thompson advised the cost to maintain Josh's health is well over $1I4-MILL/ON a year, of which
much of this amount is not covered by insurance.
Mr. Thompson was requested to fund the building of a playground, which was built right behind the
Hilton to the right of the Neptune statue. Because of conflicts, he had to move the Park to the other side of
the Neptune Statue. However, as a result of the new location, the park is even larger and more improved.
While walking by the Park, his attention was brought to a small boy in a wheel chair looking through the
railings. He contacted Barry Frankenfield, Strategic Growth Area Manager (SGA) , who advised
playground equipment is available for individuals with disabilities. BifZv Almond, Landscape Architect,
advised if Mr. Thompson wished to assume this project he would assist with the design. Working with the
National ALS Association, local organizers of the JT Walk have agreed that 100% of sponsor donations
and 50% offunds raised by the Walk will be used toward the construction of JT's Grommet Island
Beach Park and Playgroundjor "everyone ". The remaining 50% offunds raised by the JT Walk will be
donated to the ALS Association to use for patient services. The location considered is Rudee Inlet.
Representatives of the surfing community were requested to attend a meeting re this location and
concurred with the site. Mr. Thompson di!;played a Bronze Sculpture entitled ("Anticipation "), which
will overlook the Park. This Sculpture was made from a family photograph featuring Josh mentoring his
younger brother in the art of surfing.
A young girl, thirteen years of age, Caroline Pennell, National spokesperson for Multiple Dystrophy, was
chosen as the Chair for the development of JT's Grommet Island Park. Unfortunately, she has a
progressive form of the disease but readily agreed to assist in the design of the Park. She will be on the
Jerry Lewis Telethon Memorial Day weekend and will discuss this proposed Virginia Beach Park.
Mr. Thompson displayed concepts of JT's Grommet Island Beach Park and Playground. Stacy Gibson.
Park Designer worked with Bil~v Almond and WTL.
August 25, 2009
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CITY COUNCIL BRIEFING
GROMMET ISLAND PARK
ITEM # 59114 (Continued)
JT's Grommet Island site consists of roughly 15,000 square feet of a paradise playground located at the
Atlantic Ocean Boardwalk between 1" and 2nd Streets in Virginia Beach. This one-ofa-kind playground
inspired by JT and his for surfing will front directly on the sand overlooking the popular surf spot for the
annual East Coast Surfing Championships. It also boasts the most accessible beach playground in the
region. Amenities, such as Beach Combers, Surf Cams and cutting-edge play structure integrate children
of all ages and of every physical ability level to play and imagine. At the very end of the Boardwalk, an
existing ramp and stairs provide the primary entrance. On the north side of the playground, a secondary
ramp provides additional wheelchair access. Extra wide ramps and features designed for universal
access truly make this a playground that will integrate children of all ability levels. The Tensile Canopy
consists of fabric stretched atop 20-foot poles which provides ample shade. These are easily remuvable
and may be hoisted daily during Summer months. There is accessible surfthemed play. "Beach
Combers" will be allowed accessible interaction with surf and beach activities. While some of the
features are freestanding, others may be integrated with the play system. Features, such as the Padding
Challenge, offer children the benefit of exercise while they test their big surf paddling skills. The
accessible play system's universal design accommodates use by all children. Accessible beach seating
provides a place for friends and family to experience the beach tOflether. Wood polymer decking provides
abundant accessible !;pace for viewing the East Coast Surfing Championships and other Oceanfront
beach events held every year.
The soft play structure consists of a pod of dolphins playfully welcoming visitors into the !;pace and
encourages toddler climbing This play zone is a safe distance from the more rambunctious play. but
close enough to encourage different age groups to integrate. A space along the secondary ramp allows
the opportunity of a municipal beach wheelchair rental program. Additional space under the ramp yields
storage for tensile canopies and beach umbrellas.
50% of the JTWALK and BEACH PARTY proceeds this year will go toward park construction and
100% of !;ponsorship donations will be used to build the park.
The website is jtwalk.org. Grommet is a Hawaiian term which means "little surfer".
August 25, 2009
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CITY COUNCIL COMMENTS
2:30 P.M.
ITEM # 59115
Councilman DeSteph distributed the announcement and certificate re the Veterans Day National
Committee selecting the City of Virginia Beach, Virginia, as a Regional Site for the observance of
Veterans Day 2009.
Councilman DeSteph advised Bill Muehleib, National Vice President of the local Pearl Harbor Survivors
Association, Inc. and a member of the Department of Veterans Affairs, Veterans Service Organization,
sponsored Virginia Beach as a candidate for consideration as a National Veterans Day Regional Site.
Mr. Meuhleib gave this request to Councilman DeSteph who has worked on this designation for
approximately a year.
ITEM # 59116
Councilman Villanueva referenced the Black Expo 2009 in Virginia Beach this past week with many
activities involved. 350 African American businesses participated. All the events were very well intended.
Councilman Villanueva welcomed the Black Expo 2009 at the Westin re the African American Business
Awards Breakfast on August 20, 2009. On Saturday, August 22, 2009, the 5th Annual Virginia Black
Expo was held at the Convention Center.
ITEM # 59117
Councilman Diezel advised the issue of International Seasonal Workers was examined afew years ago. A
citizen expressed concern re the treatment and disposition of these workers. Councilman Diezel advised
there are no hostels. Councilman Diezel requested a progress report
Councilman Uhrin advised the Hotel/Motel Association. in conjunction with several organizations at the
Oceanfront, has established a very intensive orientation program, which has assisted with the placement
of jobs, housing and various services i.e. including cell phones. There has been some commercial
development at the Ocearifront designed especially for exchange students.
Mayor Sessoms advised free computer time is provided for communication to the families, and the
students are provided bicycles.
ITEM # 59118
Councilman Uhrin referenced the accomplishments of the MEDAC (Military Economic Development
Advisory Committee). A new military website has been developed through Economic Development to
create links to contractors with potential military and government contracts and the private sector to hire
potential employees who are leaving the Military. Links are being created between future developments in
Burton Station and other governmental and military contractors. Councilman Uhrin believes successes
would be announced in the very near future. MEDAC has been working with the Commanding Officer of
Little Creek to introduce testing for a wind farm.
August 25, 2009
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CITY COUNCIL COMMENTS
ITEM # 59119
Councilman Uhrin referenced the New Construction Report for the Quarter Ending June 30, 2009,
provided by the Real Estate Assessor, Jerald Banagan. The current tax base is 15% commercial and 85%
residential. City Council set a goal to change this in terms of the value of new construction. The value of
new construction for the quarter ending June 30,2009, was $138,868,952. Of that amount, $43,190,800
or (31.1%) was commercial and $95,678,152 or 68.9% was residential. The total represents a decrease
of 44. 7% from the same quarter last year. Said report is hereby made a part of the record.
Council Lady Wilson advised in her review of the past four or five years, the percentage of residential to
commercial has really been in line with the City's goal,' however, the problem is that the residential
assessments rose so high that this balance was "knocked" off jar a while. The City has been absorbing a
lot more commercial to achieve the goal.
ITEM # 59120
Councilman Davis referenced the Sportsplex. The new turf was fully installed on Thursday, August 20,
2009. This turf is amazing and the premier turn jar the National Football League (NFL). It is amazing
just to walk on this turf The Sportsplex website shows the detailed laying of this turf The Ribbon
Cutting will be Thursday, August 27,2009, at 1:30 P.M One of the practices was delayed an hour and a
'half due to a big downpour of rain. Ocean Lakes and Princess Anne will have the "football game of the
week", this Friday, August 28,2009.
ITEM # 59121
The City Manger distributed notice re Phase I Laskin Gateway Construction Impact and Public Open
House notice. The PUBLIC OPEN HOUSE will be held on September 3, 2009 from 6:30 A.M to 8:30
P.M at the Virginia Beach Convention Center. Phase I is scheduled to begin September 8. Virginia
Beach Public Utilities will manage construction during this phase. New water and sanitary sewer lines
will be installed to replace aging systems, improve storm water facilities to improve drainage and
minimizeflooding and install electrical duct banks so we can remove overhead power lines over time.
ITEM # 59122
Council Lady Henley referenced e-mails concerning the light rail transit meetings sponsored by
Hampton Roads Transit. The City Manager advised these meetings will introduce the study and provide
citizens the opportunity to submit public comment.
September 9, 2009
September 10, 2009
Princess Anne High School
Convention Center
6:00 P.M. - 8.'00 P.M.
6..00 P.M. - 8..00 P.M.
August 25, 2009
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CITY COUNCIL COMMENTS
(AFTER CLOSED SESSION)
ITEM # 59123
Councilman Diezel advised City Council he, with the assistance of the City Attorney, had prepared a
DRAFT Ordinance re electronic billboards.
Councilman Diezel, the City Manager and City Attorney met with Adams Advertising to review the Draft
Ordinance and share their thoughts.
After that meeting, Deidra Fernandes - Virginian-Pilot Reporter, sent a FOIA request for the Ordinance.
Councilman Diezel apologized that the Ordinance was made public ahead of their perusal.
City Council discussed areas where the landscaping around billboards is in need of maintenance and that
some billboards in disrepair need to be replaced.
August 25, 2009
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AGE N DA REV IE W S E S S ION
ITEM # 59124
2:40 P.M.
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
M ORDINANCES/RESOLUTIONS
1. Ordinances to AMEND the City Code:
a. ~25-6 re: daily reports by Pawnbrokers, Secondhand Dealers and Junk
Dealers
b. ~'36-172 to eliminate the taxicab hourly rate for waiting time
2. Ordinances DECLARING property to be EXCESS and A UTHORIZING the City
Manager to sell the property at:
a. 224 Roselynn Lane to Don Danylyk
b. 1461 Bartow Place to Scot and Allison Willwerth
c. 400 North Oceana Boulevard to Thomas F. Owens, 111
3. Ordinance to AUTHORIZE the City Manager to execute a Deed conveying
the City's interest in the Seatack Elementary School site (912 S. Birdneck
Road) to the School Board.
4. Ordinance to A UTHORIZE the City Manager to execute a Lease of City-
owned property at 2089 Indian River Road to John Doe for less than five (5) years.
5. Ordinance to ACCEPT book collectionsjrom the Institute of Museum and
Library Services for the Francis Land House, Department of Museums.
6. Resolution to REFER to the Planning Commission an Ordinance
AMENDING ~lll and ADDING ~217 of the City Zoning Ordinance
(CZO) re: defining monument signs and electronic display signs
(requested by Councilman Villanueva)
7. Resolution to AUTHORIZE the FY2010 Performance Contract re: the
Community Services Board and the Commonwealth of Virginia.
8. Resolution to A UTHORIZE the City's support of the Green Jobs Alliance
(GJA) Mission and the applications for Federal Grants re: American Recovery
and Reinvestment Act (ARRA)
9. Resolution to AUTHORIZE a study of the Bikeways & Trails Plan to support
On-Road Bicycle Accommodations (requested by Council Lady Wilson)
August 25, 2009
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AGE N DA REV IE W S E S S ION
ITEM # 59124 (Continued)
10. Ordinance to A UTHORIZE the transfer of funds to provide a different
funding source re: a local Grant match for the Fire Department.
11. Ordinance to ACCEPT and APPROPRIATE State and Federal Funds to
the FY 2009-10 Operating Budget of the Department of Human Services
as follows:
a. $120,000 from the Virginia Department of Criminal Justice Services re:
investigations on defendants appearing in arraignment court
b. $47,500 in Federal pass-throughfundingfrom the Virginia Department
of Behavioral Health and Development Services re: providing mental
health services in the projects for assistance in transition from the
Homelessness program
c. two (2) additional full-time Pretrial Officers and one (1) additional
Mental Health/Mental Retardation Assistant
Item 6. Resolution to REFER to the Planning Commission an Ordinance AMENDING ~111 and
ADDING ~217 of the City Zoning Ordinance (CZO) re: defining monument signs and electronic
display signs is being REFERRED back to the Planning Commission to allow Public Comment.
August 25, 2009
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AGE N DA REV I E W S E S S ION
ITEM # 59125
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA."
N. PLANNING
1. Application of CHURCH OF JESUS CHRIST OF LATER-DAY SAINTS,jor a
Chan~e of Zoning District Classification from 1-2 Heavy Industrial District to
Conditional 0-1 Office District at 4873 and 4883 Bonney Road and a Conditional
Use Permit re: religiousfaci/ity.
DISTRiCT 2 - KEMPSVILLE
2. Application of HAMPTON ROADS CHURCH OF CHRIST for a Modification of
Condition Nos. 1 and 2 (approved by City Council on February 23, 1999) re:
temporary, portable structures.
DISTRiCT 7 - PRiNCESS ANNE
3. Application of RICHMOND 20MHZ, LLC, d/b/a NTELOS/ROBERT B. TIMMS
and C. ARTHUR RUTTER, III, TRUSTEES, for the Modification of Condition No.
1 (approved by City Council on January 13, 1998) re: extension of the existing tower
from 150-feet to 167 -feet.
DISTRiCT 7 - PRiNCESS ANNE
4. Application of TOWN CENTER ASSOCIATESfor a Conditional Use Permit re:
multi-family dwellings at Block 9 within Town Center.
DISTRiCT 5 - LYNNHAVEN
5. Application of ANTHONY CATALDO/CATALDO INDUSTRIES III, L.L.c.,jor a
Conditional Use Permit re: bulk storage at 317 Village Road.
DISTRiCT 6 - BEACH
6. Application of JENIFER and KELL Y BRITT. for a Conditional Use Permit re:
skateboard ramp at 825 Hanover Drive.
DISTRiCT 2 - KEMPSVILLE
7. Ordinance to AMEND J201 of the City Zoning Ordinance (CZO) re: setbackfor
piers.
Item N. 7 shall be DEFERRED, BY CONSENT, sixty (60) days until the City Council Session of
October 27, 2009. Mayor Sessoms referenced correspondence from Delegate Purkey and Karen
Forget, Executive Director - Lynnhaven River NOW, requesting DEFERRAL to allow further
research on this issue and provide comments. A Briefing shall be scheduled at a Workshop prior to
October 27,2009.
August 25, 2009
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ITEM # 59126
Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.2-3711 (A), Code of Virginia, as amended,jor 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
2.2-3711 (A}(l)
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: Princess Anne District
Centerville District
Beach District
Princess Anne 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
adverse~v affect the bargaining position or negotiating strategy of the
public body, pursuant to Section 2.2-3711 (A) (30)
Southeastern Public Service Authority
Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council voted to proceed
into CLOSED SESSION at 2:40 P.M.
August 25, 2009
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ITEM # 59126 (Continued)
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor
William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
(Closed Session.' 2:40 P.M. - 4:50 P.M.)
(Break:
3.'45 P.M. - 3:55 P.M.)
4: 50 P.M. - 5:50 P.M.)
(Dinner.'
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August 25, 2009
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FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
August 25, 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, August 25,2009, at 6:00 P.M
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel,
Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson
and James L. Wood
Council Members Absent:
Ron A. Villanueva
[Entered: 6:31 P.Mfamily emergency]
INVOCA TlON: Reverend James Bennett
Pastor, Avalon Church of Christ
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
!;pirit of the State and Local Government Conflict of Interests Act (the "Act'), it is his practice to
thoroughly review each City Council agenda to identify any matters in which he might have an actual or
potential conflict. If, during his review of an agenda, he identifies a matter in which he has a "personal
interest ", as defined by the Act, he will either abstain .from voting, or file the appropriate disclosure letter
with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of
March 24, 2009, is hereby made a part of the record.
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial") purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired .from the Board of Directors. Although, he is no longer a
Board Member. he owns stock in Fulton Financial, and that stock ownership causes him to have a
"personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the
record.
August 25,2009
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Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of
Goodman and Company and is directly and indirectly involved in many of Goodman and Company's
transactions. However, due to the size of Goodman and Company and the volume of transactions it
handles in any given year, Goodman and Company has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Coriflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. lj, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent a.ffiliated with Prudential
Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the
volume of transactions it handles in any given year, Prudential has an interest in numerous matters in
which she is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Coriflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. lj, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record.
August 25, 2009
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Item V-E.
CERTIFICATION
ITEM # 59127
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, 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 ident?fied in the motion
convening the Closed Session were heard, discussed or considered
by Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
August 25, 2009
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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 #59126, Page 10, and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 22-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOff, THEREFORE, BE IT RESOL VED: That the Virginia Beach City Council hereby certifies that,
to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
~~v'!~
uth Hodges Fraser, MMC
City Clerk
August 25, 2009
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Item V-F.1
ITEM # 59128
Upon motion by Councilman Dyer, seconded by Councilman Davis, City Council APPROVED the
MINUTES of the FORMAL SESSION of August 11,2009.
Voting: 9-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
William R. "Bill" DeSteph and Rosemary Wilson*
Council Members Absent:
Ron A. Villanueva
Councilman DeSteph ABSTAINED as he was out of the Country on family vacation.
*Council Lady Wilson ABSTAINED (as she was absentfor the Informal Session, but was in
attendance for the Formal Session)
August 25. 2009
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Item V-G.1.
ADOPT AGENDA
FOR FORMAL SESSION
BY CONSENSUS, City Council ADOPTED:
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ITEM # 59129
AGENDA FOR THE FORMAL SESSION
August 25, 2009
i I II
II ,;1
- 17 -
Item V-H.1.
MAYOR'S PRESENTATION
ITEM # 59130
Mayor Sessoms introduced Nancy Creech, President and Chief Executive Officer - Neptune Festival,
who advised there are many wonderful volunteers who produce the Neptune Festival. The citizens enjoy
the best community festival anywhere in the Commonwealth of Virginia. Ms. Creech introduced Matthew
Breitenberg, 2009 Festival Chair and owner of Straightpath Management, Inc. He is the "best of the
best. "
Chairman Breitenberg advised the Neptune Festival is entering the Thirty-sixth year of serving Virginia
Beach. The leadership of Virginia Beach Events, Unlimited, is comprised of men and women who are
actively engaged in supporting our community in many areas, including business, civic. cultural and
educational arenas. The Neptune Festival is recognized as one of the top festivals in the Country and the
largest special event in the Commonwealth of Virginia. Each year the Festival produces a significant
economic return to the City as well as a great time for citizens and visitors. There is truly something for
everyone ranging from activities appealing to children, Senior Citizens and all ages in between.
Chairman Breitenberg appreciates the support of the City Council and thanked them again for partnering
in this great community celebration. He expressed appreciation to the over 1,000 volunteers who assist in
producing the Festival. The Court is dedicated and proud to be part of Virginia Beach's largest and best
loved celebration.
Chairman Breitenberg PRESENTED King Neptune XXXVI and his Court:
2009 ROYAL COURT
KING NEPTUNE XXXVI
Randalph J. Sutton
PRINCESSES
Lauren Elizabeth Bradshaw
Olivia Mary-Liz Cheatham
Kristin Ifeanyi Emodi
Kaitlin Anne Mikatarian
Ashley M. Shah
Rachael Diane Spencer
PRINCESSES ROYAL
Heather Leigh Mytelka
Rebecca March Nelson
August 25, 2009
II II
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- 18 -
Item V-H.1.
MAYOR'S PRESENTATION
ITEM # 59130 (Continued)
TRITONS
John Edward Babb
Chief Executive Officer
Ocean Consulting
James William Raynor, III
Chief Operating Officer
Architectural Graphics, Inc.
Kevin Edward Riggins, CPA
McPhillips, Roberts and Deans, PLC
Prescott Sherrod
PEMCCO, Inc.
Stephen G. Test
Partner
Williams M ul/en P. C.
Stockton Tyler Watson Stockton
General Manager
LNC5
Arthur Glenn Webb
President/CEO
BCF
Councilman James L. Wood
Vice President
JD & W, Inc.
King Randalph J. Sutton, advised it was with great pleasure he comes forward as King Neptune XXXVI.
He is proud to be associated with Chairman Breitenberg, Chief Executive Officer Nancy Creech, his
Tritons and Princesses and, most especially, the Mayor and City Council. About five (5) years ago, he
was involved with the development of the King Neptune Statue at 31'/ Street Park. The organization is
comprised of a group of individuals who have dedicated their lives to this City. The Neptune Festival
commenced thirty-six (36) years ago as a means of extending the Resort Season by providing a
celebration to its citizens. The Neptune Festival has evolved into an organization that is now involved
with virtually every major charitable organization in the City.
Mayor Sessoms expressed appreciation to the members of the Neptune Festival. The Mayor and City
Council are extremely proud of them.
August 25, 2009
II II
II
- 19 -
Item V-H2.
MAYOR'S PRESENTATION ITEM 59131
WESTERN BA YSIDE SUMMER CAMPS.
Mayor Sessoms introduced Barbara A. Brinson, Youth Opportunities Coordinator, who recognized some
very exceptional individuals, the parents and youth participants of the Western Bayside Summer Camps
and the Freedom School (a literacy based Summer Camp operated by Parks and Recreation in
collaboration with the Children's Defense Fund) The City Council the Summer Camps from a Request
For Funding (RFP)in the Western Bayside area. Ms. Brinson advised: "They are all here to thank City
Council in their own very special way ". In the three (3) Western Bayside Summer Camp programs, over
one hundred fifty (150) elementary and middle school Western Bayside Youth had educational and
recreational opportunities, which they may not have otherwise had. One Program was administered by
Reaching our Communities in partnership with Heritage United Methodist Church and the other by
Enoch Baptist Church providing the space. Heritage United Methodist Church was represented by Board
Members Larry Zotzmann and Bill MaGaw (Reaching our Communities). Dr. Michael Daniels. Pastor,
represented Enoch Baptist Church. Harry Young oversees all "out of school" programs. Parents have a
vital role in assisting their children. Ms. Brinson requested all the parents of the Western Bayside
Community stand.
Representative attendees of the Summer Camp, a parent and Dr. Michael Daniels spoke expressing their
appreciation:
Aisha Mills - Youth (Parks and Recreation Freedom School)
Jonathan Hall - Youth (Enoch Baptist Church)
Shayla Mobley - Youth (Reaching our Communities)
Ms. Tomika White - Parent
Dr. Michael Daniels - Pastor, Enoch Baptist Church
Members of the Freedom School gave a presentation of appreciation to City Council.
Tiffany Zaya, Angela Cuffee, Michael Ogarepke, Stephen Ogarepke,
Phillip Patterson, Asia Timmons, Hunter James, Quanda Vines, and
Jeru Johnson
Mayor Sessoms expressed appreciation to Dr. Daniels and all involved in the success of the Western
Bayside Summer Camps. These partnerships are welcome and make our City better. This City Council
has supported public private partnerships for a number of years,' however, these partnerships are even
more important.
Vice Mayor Jones advised Western Bayside Summer Camps has been a tremendous success and is an
excellent example of what a new Western Bayside Recreation Center can accomplish for children in this
area.
Mayor Sessoms presented each student a City Seal pin.
August 25, 2009
i I II
II ,II
- 20 -
Item V-H 3.
MA YOR'S RECOGNITION
ITEM 59132
Mayor Sessoms RECOGNIZED the following Boy Scouts in attendance to earn their merit badges for
Communications and Citizenship in the Community:
Boy Scout Troop 777
Church of the Holy Family
Kevin Garczynski
Kevin Quill, Jr.
Devon Leonard
Kevin O'Connor
Adult Leaders
Kevin Quill, Sr.
Danny O'Connor
Mayor Sessoms presented each Scout with a City Seal Pin.
August 25, 2009
II II
II
- 21 -
Item V-I.1.
PUBLIC BID OPENING
ITEM 59133
Mayor Sessoms advised.'
LEASE OF CITY PROPERTY - 408 Sandbridge Road
Cell Towers at Sandbridge Water Tank Site
Pursuant to Virginia Code Section 15.2-210, the Mayor summarized the bids received
for a proposed lease of a portion of the City property located at 408 Sandbridge Road
for use as a communications tower site.
One bid has been received, as follows:
Cingular Wireless PCS, LLC has bid:
Base rent:
Additional rent:
Annual increase:
$13,200 per year
5,400 per year for each co-locator
3%
The Mayor asked.' "Are there any other persons desiring to submit a bid at this time?"
There being no further bids, the biding closed.
The staff will evaluate the bid that has been received and make its recommendations to
the City Council concerning the proposed lease at a future meeting.
August 25, 2009
- 22 -
Item V-J.1.aIb/c.
PUBLIC HEARING
ITEM # 59134
Mayor Sessoms DECLARED A PUBLIC HEARING:
SALE OF EXCESS PROPERTY
a. 224 Roselynn Lane
b. 1461 Bartow Place
c. 400 N. Oceana Boulevard
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
II
August 25, 2009
II II
- 23 -
Item V-J.2.
PUBLIC HEARING
ITEM # 59135
Mayor Sessoms DECLARED A PUBLIC HEARING:
LEASE OF CITY OWNED PROPERTY
2089 Indian River Road
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
II
August 25, 2009
II II
- 24-
Item V-K.1.
PUBLIC COMMENT
ITEM # 59136
Mayor Sessoms INVITED PUBLIC COMMENT:
BEACH CENTRE
North 3rt Street between Pacific and Arctic Avenues
Thefollowing registered to speak in SUPPORT:
Attorney R. J. Nutter, 222 Central Park Avenue, Phone: 687-7500, represented Hi-Sea, LLC, and spoke re the Joint
Term Sheet. Bruce Thompson is a partner in Hi-Sea, LLC. This property has been owned in excess of twenty (20)
years, with the most recent acquisition ten (lO) years ago. The owners began acquiring property in the 1950 'so The
property coming before the City Council for redevelopment is a by-right activity. Mr. Thompson did not enter into
the transaction until 2007. This property is consistent with the Comprehensive Plan changes and the Capital
Improvement Program.
Billy Almond, 209 - 70'h Street, Phone: 422-9522, resident of the North End, represented the Resort Advisory
Commission, and the RAC Planning, Design and Review Subcommittee. Beach Centre, and the remaining six (6)
development blocks of the Laskin Gateway area, are vital to the convention and tourism business.
David Jester, 200 63rd Street, Phone: 422-0175, President - North Virginia Beach Civic League. Mr. Jester advised
Barry Frankenfield and his staff presented information a few weeks ago which was attended by a number of Civic
Leagues. The members were impressed with the presentation and he has not had any negative feedback.
Lawrence W Kliewer, 205 77th Street, Phone: 431-0033, member of the Resort Advisory Commission, Planning
and Design Review Committee, brought attention to the quality of this development of Hi-Sea, LLC and Gold Key
PHR.
The following issued concerns re traffic:
Ted Davis, 137 Pinewood Road, Phone: 282-9404, Treasurer - Linkhorn Park Civic League and Member of the
Citizens Action Committee re trqffic, advised concerns re traffic. Mr. Davis has attendedfive (5) meetings held by
City staff. Of those five (5) meetings, there was not one of them that was not contentious.
Joseph Pruecher, 126 Pinewood Road, Phone; 425-2031, resident of Linkhorn Park, supports the modernization of
the Beach and improvements to Laskin Road. Mr. Prueher believes some of the traffic issues must be resolved. The
information available to the residents re the Laskin Road plan and the effect on Hol~v and Pinewood Roads
indicates a large impact on the trafficflow in Linkhorn Park, Bay Colony and the North End of the Beach. The
proposed redirection of the traffic seems to ignore some issues, such as the periodic flooding of Pinewood Road
and the emergency vehicle ingress and egress.
Greg Battaglia, 1016 Abingdon, Phone: 713-5899, representative of Bay Colony Community League,
complimented the City re the initiative to improve the Laskin Road/3]'"1 Street Corridor. In the process of
developing this area, the residents wish to make sure their concerns are heard, especially re the flow and access to
andjrom their neighborhoods (safety and emergency vehicle access).
Priscilla Parcells, 617 Linkhorn Drive, Phone: 425-5715, former President - Linkhorn Park Civic League and
resident of over 35 years. Many of the residents of Bay Colony, Cavalier and Linkhorn Parks believe the City
Council is more concerned with the transient tourists than the residents. Because of poorly planned traffic patterns
and traffic light sequencing, it has become increasingly difficult to move around and through the Beach District.
Tom Coghill, 1125 York Lane, Phone: 422-3425, spoke in OPPOSITION. He believes the $30-MILLION would
be of better elsewhere to provide safe routes to schools and the Recreation Center in Bayside.
August 25, 2009
II ,I
- 25 -
Item V-M.
ORDINANCES/RESOLUTIONS
ITEM # 59/37
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE
MOTION Items lalb, 2a.h.c., 3, 4, 5, 6, 7,8,9,10 and llalhlc. of the CONSENT AGENDA.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms.
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
August 25. 2009
II II
II
- 26 -
Item V-M,l.
ORDINANCES/RESOLUTIONS
ITEM # 59138
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinances to AMEND the City Code:
a. 925-6 re: daily reports by Pawnbrokers, Secondhand Dealers and
Junk Dealers
b. 936-172 to eliminate the taxicab hourly rate for waiting time
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
August 25, 2009
II II
II 'I
1 AN ORDINANCE TO AMEND SECTION 25-6
2 OF THE CITY CODE PERTAINING TO DAILY
3 REPORTS BY PAWNBROKERS,
4 SECONDHAND DEALERS, AND JUNK
5 DEALERS
6
7 SECTION AMENDED: S 25-6
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11
12 That Section 25-6 of the Code of the City of Virginia Beach, Virginia, is hereby
13 amended and reordained to read as follows:
14
15 Sec. 25-6. Daily reports to chief of police.
16
17 (a) All pawnbrokers, secondhand dealers and junk dealers shall furnish daily, by
18 1 :00 p.m., to the chief of police or his desianee, a true and correct report, of all
19 merchandise or junk items purchased, sold, bartered or exchanged or otherwise coming
20 into his possession, during the preceding tv.'enty four (21) hours business day, except
21 such as is purchased at public auction,.:. desoribing the merchandise or junk Each item
22 shall be described as accurately as possible and shall include any brand name, model
23 number, serial number, initial or name or any other identifyina marks found on the item.
24 The report ~shall be presented submitted in either legible ,<witing or in an electronic
25 format as provided by the chief of police or his desianee.
26
27 (b) If the purchase. sale or acauisition occurs durina a weekend or holiday, then
28 the submittal of the electronic report reauired in subsection (a) above shall be made no
29 later than 1 :00 p.m. the next reaular business day.
30
31 (c) For each loan or transaction. a pawnbroker, iunk dealer or secondhand dealer
32 may charae a service fee for makina daily electronic reports as reauired above. Such
33 fee shall not exceed five percent (5%) of the amount of the loan or transaction, or three
34 dollars ($3.00). whichever is less.
35
36 t9t 1.Ql A violation of this section shall constitute a Class 4 misdemeanor.
37
38 The effective date of this ordinance shall be October 1, 2009.
39
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 25th
day of August, 2009.
II II II
1 AN ORDINANCE TO AMEND CITY CODE SECTION
2 36-172 TO ELIMINATE THE HOURLY RATE FOR
3 WAITING TIME
4
5 Section Amended: 936-172
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That Section 36-172 of the Code of the City of Virginia Beach is hereby amended
11 and reordained to read as follows:
12
13 Sec. 36-172. Maximum rates for taxicabs.
14
15 (a) No person owning, operating, controlling or driving a taxicab within the city
16 shall charge an amount to exceed the following rates of fare:
17
18 (1) For the first one-eighth of a mile or fraction thereof. . . $3.25
19 (2) For each succeeding one-eighth of a mile or fraction thereof. . . 0.30
20 (3) Trunk charge. . . 0.50
21 (4) For each minute of waiting time. . . 0.30
22
23 If hired on 3n hourly b3sis, the rate of thirteen dollars 3nd eighty cents ($13.80)
24 per hour sh311 3pply.
Adopted by the Council of the City of Virginia Beach, Virginia on the 25th day
of Allgm;t, 2009.
Approved as to Content:
Approved as to Legal
Sufficiency:
D
~~
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Item V-M.2.
ORDINANCES/RESOL UTIONS
ITEM # 59139
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinances DECLARING property to be EXCESS and
AUTHORIZING the City Manager to sell the property at:
a. 224 RoseZvnn Lane to Don Danylyk
b 1461 Bartow Place to Scot and Allison Willwerth
c. 400 North Oceana Boulevard to Thomas F. Ch'l'ens, III
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer.
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
August 25.2009
II II II
1 AN ORDINANCE DECLARING THE PROPERTY
2 LOCATED AT 224 ROSELYNN LANE TO BE IN
3 EXCESS OF THE CITY'S NEEDS AND
4 AUTHORIZING THE CITY MANAGER TO SELL
5 THE PROPERTY TO DON DANYL YK
6
7 WHEREAS, the City of Virginia Beach (the "City") is the owner of
8 that certain parcel of land located at 224 Roselynn Lane (GPIN 2417-05-3393)
9 (the "Property"), more particularly described on Exhibit "A" attached hereto and
10 made a part hereof;
11
12 WHEREAS, the City acquired the Property pursuant to the APZ-1
13 Acquisition Program;
14
15 WHEREAS, the City funded the acquisition of the Property through
16 a partnership with the Commonwealth of Virginia (the "Commonwealth"), with
17 each party contributing fifty percent (50%) of the funds;
18
19 WHEREAS, the Property is in the midst of other residences and at
20 the time of acquisition was improved with a residential dwelling;
21
22 WHEREAS, City Council has elected to allow the renovation of the
23 single-family home in order to maintain the integrity of the neighborhood; and
24
25 WHEREAS, a Request for Proposal ("RFP") was advertised for the
26 potential sale of the Property;
27
28 WHEREAS, Don Danylyk ("Danylyk") responded to the RFP with an
29 offer to purchase the Property;
30
31 WHEREAS, the APZ-1 Disposition Committee has recommended
32 that City Council declare the Property to be in excess of the City's needs and sell
33 the Property to Danylyk.;
34
35 WHEREAS, Danylyk will renovate the existing single-family home
36 on the Property to prescribed standards acceptable to the City, including
37 elevated noise attenuation standards, and will thereafter occupy the Property;
38
39 WHEREAS, Danylyk will purchase the Property in accordance with
40 the Summary of Terms attached hereto as Exhibit "B" and made a part hereof;
41
42 WHEREAS, the City Council is of the opinion that the Property is in
43 excess of the needs of the City of Virginia Beach.
44
45 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
46 THE CITY OF VIRGINIA BEACH, VIRGINIA:
I II
II ,I
47
48 That the Property located at 224 Roselynn Lane (GPIN 2417-05-
49 3393) is hereby declared to be in excess of the needs of the City of Virginia
50 Beach and that the City Manager is hereby authorized to execute any documents
51 necessary to convey the Property to Don Danylyk in substantial conformity with
52 the Summary of Terms attached hereto as Exhibit B and such other terms,
53 conditions or modifications as are deemed necessary and sufficient by the City
54 Manager and in a form deemed satisfactory by the City Attorney.
55
56 Further, that the revenue from the sale of the Property in the
57 amount of $51 ,600 shall be received and appropriated as follows:
58 1. $25,800 shall be appropriated to CIP #9-060, Oceana and
59 Interfacility Traffic Area Conformity and Acquisition, for the purpose of the City
60 Manager refunding the Commonwealth's portion in accordance with the
61 partnership agreement;
62 2. $25,800 shall be appropriated to CIP #3-368, Various Site
63 Acquisitions.
64
65 This ordinance shall be effective from the date of its adoption.
66
67 Adopted by the Council of the City of Virginia Beach, Virginia, on
68 the 25th day of Auqust ,2009.
69
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II II
II ,'I I
EXHIBIT A
224 Roselynn Lane (GPIN 2417-05-3393)
ALL THAT certain lot, piece or parcel of land, with the
improvements thereon, lying and being in the Oceana
Gardens, Lynnhaven Magisterial District, Virginia Beach,
Virginia, and known, numbered and designated as Lot 41
and the Southern one-half of Lot 40, on the Plat of
Hillcrest, which plat is duly recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia in
Map Book 13, page 8, reference to which is hereby made
for a more particular description of said land.
IT BEING the same property conveyed to the City of
Virginia Beach, by deed of Leslie Hall, Jr. and Becky Autry
Hall, dated September 22, 2008, and recorded in the
aforesaid Clerk's Office as Instrument No.
20081007001176050.
I II
II 'I
EXHIBIT B
SUMMARY OF TERMS
SALE OF EXCESS PROPERTY AT 224 ROSELYNN LANE
SELLER:
City of Virginia Beach
PURCHASER:
Don Danylyk
PROPERTY: 224 Roselynn Lane (GPIN 2417-05-3393)
LEGAL DESCRIPTION:
ALL THAT certain lot, piece or parcel of land, with the
improvements thereon, lying and being in the Oceana Gardens,
Lynnhaven Magisterial District, Virginia Beach, Virginia, and
known, numbered and designated as Lot 41 and the Southern
one-half of Lot 40, on the Plat of Hillcrest, which plat is duly
recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book 13, page 8, reference to
which is hereby made for a more particular description of said
land.
IT BEING the same property conveyed to the City of Virginia
Beach, by deed of Leslie Hall, Jr. and Becky Autry Hall, dated
September 22, 2008, and recorded in the aforesaid Clerk's Office
as Instrument No. 20081007001176050.
SALE PRICE:
$51,600
CONDITIONS OF SALE
. Property is purchased "As Is, Where Is."
. Purchaser, or any future owner, will be subject to a deed restriction
preventing participation in the APZ-1 Acquisition Program.
. Purchaser is to acknowledge receipt of lead pamphlet, "Renovate Right:
Important Lead Hazard Information for Families, Child Care Providers and
Schools". The Purchaser shall provide to the City a lead-based paint
clearance prior to occupying the property.
. Renovation and noise attenuation shall be started within 90 days of
settlement.
. Specific requirements of Code compiance and noise attenuation include:
. Replacement of the roof with a thicker, denser roof shingles with a 40 year
i I II
II
II I
warranty and 110 mph wind rating.
. Installation of gutters and downspouts, including concrete splash blocks.
. Replace exterior wood trim and woodwork where missing/damaged/rotten.
. Brick veneer, porch and steps need to be tuck-pointed in several areas that
are cracked or have openings.
. Replacement of foundation vents.
. Grade property for proper water run-off away from structure and not into
crawlspace thru foundation vents.
. Storage shed to be removed.
. Remove and properly dispose of the underground oil storage tan1e Fill
area and re-seed.
. Windows to be replaced with triple glazed vinyl or vinyl clad windows
with a listed STC 28 rating, properly sealed and caulked to include full
screen inserts. Style of new windows to match existing.
. Remove the bathroom window. Finish interior and exterior to match
existing. Brick shall be toothed-in.
. Doors to be replaced with solid insulated metal doors with a listed STC 28
rating, along with storm doors. Install new locksets and single cylinder
deadbolts.
. Front porch needs guard and handrails installed.
. Exterior woodwork, wood trim and doors of the house to be painted (may
elect to wrap all exterior woodwork).
. Seal all penetrations and openings through walls, ceilings, floors, attic and
crawlspace areas, i.e. electrical, plumbing, HV AC, etc., except roof and
foundation ventilation.
. Secure and caulk all interior wood trim.
. Repair all missing/damaged interior wood trim, ceilings and walls to
match existing.
. Seal and paint all interior wood trim, ceilings and walls.
. Secure and seal all plumbing fixtures.
. Correct all plumbing Code violations.
. Secure all electrical fixtures.
. Correct all electrical Code violations.
. Secure all cabinets, replace where water damaged.
. Replace all damaged floor coverings. Repair areas of old air supply and
returns in flooring.
. Installation of smoke detectors as per code.
. Insulation - Install R-40, sound attenuation rated insulation in the attic to
include the attic access. Install a minimum ofR-19 sound attenuation
rated insulation in the crawlspace.
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I II II "I
1 AN ORDINANCE DECLARING THE PROPERTY
2 lOCATED AT 1461 BARTOW PLACE TO BE IN
3 EXCESS OF THE CITY'S NEEDS AND
4 AUTHORIZING THE CITY MANAGER TO SEll THE
5 PROPERTY TO SCOT AND ALLISON WillWERTH.
6
7 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain
8 parcel of land located at 1461 Bartow Place (GPIN 2417-05-9136) (the "Property"),
9 more particularly described on Exhibit "A" attached hereto and made a part hereof;
10
11 WHEREAS, the City acquired the Property pursuant to the APZ-1
12 Acquisition Program;
13
14 WHEREAS, the City funded the acquisition of the Property through a
15 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party
16 contributing fifty percent (50%) of the funds;
17
18 WHEREAS, the Property is in the midst of other residences and at the
19 time of acquisition was improved with a residential dwelling;
20
21 WHEREAS, City Council has elected to allow the renovation of the single-
22 family home in order to maintain the integrity of the neighborhood; and
23
24 WHEREAS, a Request for Proposal ("RFP") was advertised for the
2 5 potential sale of the Property;
26
2 7 WHEREAS, Scot and Allison Willwerth responded to the RFP with an offer
28 to purchase the Property;
29
30 WHEREAS, the APZ-1 Disposition Committee has recommended that City
31 Council declare the Property to be in excess of the City's needs and sell the Property to
32 Mr. and Mrs. Willwerth;
33
34 WHEREAS, Mr. and Mrs. Willwerth will renovate the single-family home
35 on the Property to prescribed standards acceptable to the City, including elevated noise
36 attenuation standards, and will thereafter occupy the Property;
37
38 WHEREAS, Mr. and Mrs. Willwerth will purchase the Property in
39 accordance with the Summary of Terms attached hereto as Exhibit "B" and made a part
4 0 hereof;
41
4 2 WHEREAS, the City Council is of the opinion that the property is in excess
4 3 of the needs of the City of Virginia Beach.
44
45 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCil OF THE CITY
46 OF VIRGINIA BEACH, VIRGINIA:
47
48 That the Property located at 1461 Bartow Place (GPIN 2417-05-9136) is hereby
49 declared to be in excess of the needs of the City of Virginia Beach and that the City
i I II
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50 Manager is hereby authorized to execute any documents necessary to convey the
51 Property to Scot and Allison Willwerth, in substantial conformity with the Summary of
52 Terms attached hereto as Exhibit B and such other terms, conditions or modifications
53 as are deemed necessary and sufficient by the City Manager and in a form deemed
54 satisfactory by the City Attorney.
55
56 Further, that the revenue from the sale of the Property in the amount of
57 $70,000 shall be received and appropriated as follows:
58 1. $35,000 shall be appropriated to CIP #9-060, Oceana and Interfacility
59 Traffic Area Conformity and Acquisition, for the purpose of the City Manager refunding
60 the Commonwealth's portion in accordance with the partnership agreement;
61 2. $35,000 shall be appropriated to CIP #3-368, Various Site Acquisitions.
62
63 This ordinance shall be effective from the date of its adoption.
64
65 Adopted by the Council of the City of Virginia Beach, Virginia, on the
66 25thdayof :z\lHJll~t ,2009.
CA11031
R-1
8/7/2009
\\vbgov .com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d005\p005\00021 068.doc
APPROVED AS TO CONTENT
~!~ C ~~
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APPROVED AS TO LEGAL
SUFFICIENCY
APPROVED AS TO CON
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11'1
EXHIBIT A
1461 Bartow Place (GPIN 2417-05-9136)
ALL THAT certain lot, piece or parcel of land, with the buildings
and improvements thereon, situate in the City of Virginia
Beach, Virginia, and known, numbered and designated as Lot
Six (6), as shown on the plat entitled "Bartow Heights"
(erroneously referred to in Deed as Bartlow), which said plat is
duly recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, in Map Book 54, at Page 45.
IT BEING the same property conveyed to the City of Virginia
Beach, by deed of Edward J. Barry, Jr. and Danielle L. Barry,
dated October 22, 2008, and recorded in the aforesaid Clerk's
Office as Instrument No. 20081022001228130.
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EXHIBIT B
SUMMARY OF TERMS
SALE OF EXCESS PROPERTY AT 1461 BARTOW PLACE
SELLER:
City of Virginia Beach
PURCHASER:
Scot and Allison Willwerth
PROPERTY:
1461 Bartow Place (GPIN 2417-05-9136)
LEGAL DESCRIPTION:
ALL THAT certain lot, piece or parcel of land, with the buildings and
improvements thereon, situate in the City of Virginia Beach, Virginia,
and known, numbered and designated as Lot Six (6), as shown on the
plat entitled "Bartow Heights" (erroneously referred to in Deed as
Bartlow), which said plat is duly recorded in the Clerk's Office of the
Circuit Court ofthe City of Virginia Beach, Virginia, in Map Book 54, at
Page 45.
IT BEING the same property conveyed to the City of Virginia Beach,
by deed of Edward J. Barry, Jr. and Danielle L. Barry, dated October
22,2008, and recorded in the aforesaid Clerk's Office as Instrument
No. 20081022001228130.
SALE PRICE:
$70,000
CONDITIONS OF SALE
. Property is purchased "As Is, Where Is."
. Purchaser, or any future owner, will be subject to a deed restriction
preventing participation in the APZ-1 Acquisition Program.
. Purchaser is to acknowledge receipt of lead pamphlet, "Renovate Right:
Important Lead Hazard Information for Families, Child Care Providers and
Schools". The Purchaser shall provide to the City a lead-based paint
clearance prior to occupying the property.
. Renovation and noise attenuation shall be started within 90 days of
settlement.
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. Specific requirements of Code compliance and noise-attenuation include:
o Replacement of the roof with a thicker, denser roof shingles with a
40 year warranty and 110 mph wind rating.
o Installation of concrete splash blocks.
o Replace damaged areas of concrete driveway
o Replace wood trim and woodwork where missing/damaged/rotten
on house and garage.
o Replacement of the overhead garage door.
o Caulk, seal and paint the entire garage.
o Fireplace chimney will be properly flashed and capped.
o Replacement of foundation vents.
o Replace, secure and caulk all damaged/missing vinyl siding and
deluxe material.
o Windows to be replaced with triple glazed vinyl or vinyl clad
windows with a listed STC 28 rating, properly sealed and caulked
to include full screen inserts. Style of new windows to match
existing.
o Doors to be replaced with solid insulated metal doors with a listed
STC 28 rating, along with storm doors. Install new locksets and
single cylinder dead bolts.
o Seal all penetrations and openings through walls, ceilings, floors,
attic and crawlspace areas, Le. electrical, plumbing, HVAC, etc.,
except roof and foundation ventilation.
o Secure and caulk all interior wood trim.
o Repair all missing/damaged interior wood trim, ceilings and walls to
match existing.
o Seal and paint all interior wood trim, ceilings and walls where caulk
and/or repaired.
o Secure and seal all plumbing fixtures.
o Correct all plumbing Code violations.
o Secure all electrical fixtures and replace where missing.
o Correct all electrical Code violations.
o Replace all damaged floor coverings. Repair areas of old air
supply and returns in flooring.
o Installation of smoke detectors as per Code.
o Insulation - Install R-40, sound attenuation rated insulation in the attic
to include the attic access. Install a minimum of R-19 sound
attenuation rated insulation in the crawlspace.
o Replace HVAC system with a minimum 14 SEER and 8.2 HSPF
ratings.
I II
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1
2 AN ORDINANCE DECLARING THE PROPERTY
3 LOCATED AT 400 N. OCEANA BOULEVARD TO
4 BE IN EXCESS OF THE CITY'S NEEDS AND
5 AUTHORIZING THE CITY MANAGER TO SELL
6 THE PROPERTY TO THOMAS F. OWENS, III.
7
8 WHEREAS, the City of Virginia Beach (the "City") is the owner of that
9 certain parcel of land located at 400 N. Oceana Boulevard (GPIN 2417-06-6462) (the
10 "Property"), more particularly described on Exhibit "A" attached hereto and made a part
11 hereof;
12
13 WHEREAS, the City acquired the Property pursuant to the APZ-1
14 Acquisition Program;
15
16 WHEREAS, the City funded the acquisition of the Property through a
1 7 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party
18 contributing fifty percent (50%) of the funds;
19
20 WHEREAS, at the time of acquisition, the Property was improved with a
21 duplex which has subsequently been demolished;
22
23 WHEREAS, Thomas F. Owens, III ("Owens") owns the adjacent property
24 and he has requested to purchase the Property in order to utilize it in a manner
25 compatible with the APZ-1 Ordinance;
26
27 WHEREAS, Owens desires to purchase the Property in accordance with
28 the Summary of Terms attached hereto as Exhibit "B";
29
3 0 WHEREAS, the City Council is of the opinion that the property is in excess
31 of the needs of the City of Virginia Beach.
32
33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
34 OF VIRGINIA BEACH, VIRGINIA:
35
36 That the Property is hereby declared to be in excess of the needs of the
37 City of Virginia Beach and that the City Manager is hereby authorized to execute any
38 documents necessary to convey the Property to Thomas F. Owens, III, in accordance
39 with the Summary of Terms attached hereto and such other terms, conditions or
40 modifications deemed necessary and sufficient by the City Manager and in a form
41 deemed satisfactory by the City Attorney.
42
43 Further, that the revenue from the sale of the Property in the amount of
44 $7,000 shall be received and appropriated as follows:
45 1. $3,500 shall be appropriated to CIP #9-060, Oceana and Interfacility
46 Traffic Area Conformity and Acquisition, for the purpose of the City Manager refunding
47 the Commonwealth's portion in accordance with the partnership agreement;
48 2. $3,500 shall be appropriated to CIP #3-368, Various Site Acquisitions.
49
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50
51 This ordinance shall be effective from the date of its adoption.
52
53 Adopted by the Council of the City of Virginia Beach, Virginia, on the
54 25t19ayof AlllJllst ,2009.
CA11029
R-1
8/7/2009
\\vbgov .com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d022\p005\00016462.doc
APPROVED AS TO CONTENT
APPROVED AS TO CONTENT
~~~~
APPROVED AS TO LEGAL
SUFFICIENCY
Cit~
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II II
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EXHIBIT A
GPIN 2417-06-6462 (400 N. Oceana Boulevard):
ALL THAT certain lot, piece, or parcel of land, together with
buildings and improvements thereon, situate, lying and being in the
City of Virginia Beach, Virginia, more commonly known as 400 and
402 North Oceana Boulevard, Virginia Beach, Virginia 23454, and
being known, numbered and designated as Lot A-1 "Resubdivision
of Kenneth Cruiser", which said plat is duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, in
Map Book 121, at page 53. Reference to which plat is hereby
made for a more particular of description of said lot.
IT BEING the same property conveyed to the City of Virginia
Beach, by Deed from Howard E. Fawley, Jr. and Kevin D. Edwards,
husband and wife, dated June 19, 2007 and recorded as
Instrument No. 20070619000825700.
I 'I
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EXHIBIT B
SUMMARY OF TERMS
SALE OF EXCESS PROPERTY AT 400 N. OCEANA BOULEVARD
SELLER:
City of Virginia Beach
PURCHASER:
Thomas F. Owens, III
PROPERTY:
400 N. Oceana Boulevard [GPIN: 2417-06-6462]
LEGAL DESCRIPTION:
ALL THAT certain lot, piece, or parcel of land, together with
buildings and improvements thereon, situate, lying and being
in the City of Virginia Beach, Virginia, more commonly known
as 400 and 402 North Oceana Boulevard, Virginia Beach,
Virginia 23454, and being known, numbered and designated
as Lot A-1 "Resubdivision of Kenneth Cruiser", which said
plat is duly recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, in Map Book 121, at
page 53. Reference to which plat is hereby made for a more
particular of description of said lot.
IT BEING the same property conveyed to the City of Virginia
Beach, by Deed from Howard E. Fawley, Jr. and Kevin D.
Edwards, husband and wife, dated June 19, 2007 and
recorded as Instrument No. 20070619000825700.
SALE PRICE:
$7,000
CONDITIONS OF SALE
. Property is purchased "As Is, Where Is."
. Buyer has been advised of APZ-1 restrictions for use.
. Buyer may use the Property for accessory structures, or Buyer may otherwise
utilize the property for construction in conjunction with his adjacent property
upon Resubdivision to remove interior lot lines; however, Buyer may not add
any new dwelling units.
. Buyer shall resubdivide the Property at his expense should Buyer desire to
construct across the property line between the Property and Buyer's adjacent
property.
. Seller will record deed restrictions permanently preventing new dwelling units
prior to or simultaneous with conveyance.
V:\Applications\CityLawProd\cycom32\ Wpdocs\D029\P003\00047926.DOC
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- 28 -
Item V-M.3.
ORDINANCES/RESOLUTIONS
ITEM # 59140
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to AUTHORIZE the City Manager to execute a Deed
conveying the City's interest in the Seatack Elementary School site
(912 S. Birdneck Road) to the School Board.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
August 25, 2009
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,I I
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A DEED CONVEYING THE
3 CITY'S INTEREST IN THE SEATACK ELEMENTARY
4 SCHOOL SITE TO THE SCHOOL BOARD
5
6 WHEREAS, based upon a title examination performed on the Seatack
7 Elementary School site located at 912 S. Birdneck Road (GPIN: 2416-65-9171) (the
8 "School Site"), it was determined that the School Site is owned by the City of Virginia
9 Beach;
10
11 WHEREAS, Virginia Code 922.1-125 requires that title to all school property be
12 vested in the School Board absent an agreement between the School Board and the
13 City to the contrary; and
14
15 WHEREAS, it is appropriate that title to the School Site be transferred from the
16 City to the School Board.
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20
21 That the City Manager is hereby authorized to execute a deed conveying to the
22 School Board of the City of Virginia Beach, Virginia, the Seatack Elementary School
23 site.
24
25 Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day
26 of Allgll~t ,2009.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
CA-11192
\ \vbgov.com\dfs 1 \applications\citylawprod\cycom32\ Wpdocs\DO 12\PO06\00021894.DOC
R-1
August 25, 2009
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- 29 -
Item V-MA.
ORDINANCES/RESOLUTIONS
ITEM # 59141
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to A UTHORIZE the City Manager to execute a Lease of
City-owned property at 2089 Indian River Road to John Doe for less
than five (5) years.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
August 25. 2009
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26
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28
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32
33
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A lEASE FOR lESS THAN FIVE YEARS WITH JOHN
DOE FOR CITY OWNED PROPERTY lOCATED AT 2089 INDIAN
RIVER ROAD
WHEREAS, the City of Virginia Beach ("the City") is the owner of that
certain residential dwelling (the "Premises") located at 2089 Indian River Road
and shown on Exhibit A;
WHEREAS, John Doe (the "Tenant") has agreed to pay the City $825.00
monthly for the use of the Premises;
WHEREAS, the Police Department prefers to lease the property to a
police officer, and the Tenant is a police officer. For security reasons, the Police
Chief has requested that the name of the Tenant not be publicly released.
WHEREAS, the Tenant would like to enter into a formal lease
arrangement with the City for the Premises; and
WHEREAS, the Premises will be used as a residence, and for no other
purpose.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute a lease for a term
of less than five years between John Doe and the City for the Premises in
accordance with the Summary of Terms attached hereto and such other terms,
conditions or modifications deemed necessary and sufficient by the City Manager
and in a form satisfactory to the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia on the 25th
day of Auqust , 2009
CA 11191
R-1
8/13/09
\ \vbgov. com\dfs 1 \applications\citylawprod\cycom32\Wpdocs \D006\P005\00021327. DOC
VED AS TO LEGAL
IE CY AND FORM
APPROVED AS TO CONTENT
I)~ fL/~
Signature
.) /VtS / /Tic--' (,I t S ;t1rf
Departrient
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I I
EXHIBIT A
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SUMMARY OF TERMS
LESSOR: City of Virginia Beach
LESSEE: John Doe
PREMISES: Residential dwelling located at 2089 Indian River Road
TERM: Month to month, not to extend beyond May 31, 2014
RENT: $825.00 per month
RIGHTS AND RESPONSIBILITIES OF TENANT:
. Will use the Premises solely for a residence
. Will keep, repair, and maintain the Premises at its expense (except HV AC and electrical)
. Will maintain renter general liability insurance coverage with policy limits of not less
than $1,000,000 combined single limits per occurrence and will name City as additional
insured
. Will comply with all applicable laws, ordinances, and regulations in the performance of
its obligations under the Lease
TERMINATION:
Either party may terminate the Lease at any time without cause by giving
30 days written notice
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- 30 -
Item V-M.5.
ORDINANCES/RESOLUTIONS
ITEM # 59142
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED.'
Ordinance to ACCEPT book collections from the Institute of Museum
and Library Services for the Francis Land House, Department of
Museums
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
August 25,2009
I I
II
1 AN ORDINANCE TO ACCEPT BOOK COLLECTIONS
2 FROM THE INSTITUTE OF MUSEUM AND LIBRARY
3 SERVICES ON BEHALF OF THE DEPARTMENT OF
4 MUSEUMS
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 That the book collections from the Institute of Museum and Library Services and
10 the American Association for State and Local History through the "Connecting to
11 Collections Bookshelf' grant program are hereby accepted for the Francis Land House
12 on behalf of the Department of Museums.
Adopted by the Council of the City of Virginia Beach, Virginia on the 25th
day of Auqust , 2009.
Approved as to Content:
Approved as to Legal Sufficiency:
j)o:vjQD
Management Services
:211J!t0fTI';
CA11259
R-3
August 17,2009
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Item V-M.6.
ORDINANCES/RESOLUTIONS
ITEM # 59143
Upon motion by Vice Mayor Jones. seconded by Councilman Dyer, City Council ADOPTED.'
Resolution to REFER to the Planning Commission an Ordinance
AMENDING SIll and ADDING 9217 of the City Zoning Ordinance
(CZO) re: defining monument signs and electronic display signs
(requested by Councilman Villanueva)
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr.. John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
August 25. 2009
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11,1 .
1
REQUESTED BY COUNCILMEMBER RON A. VILLANUEVA
2
3
4
5
6
7
8
9
A RESOLUTION REFERRING TO THE PLANNING
COMMISSION AN ORDINANCE TO AMEND SECTION
111 AND ADD A NEW SECTION 217 TO THE CITY
ZONING ORDINANCE, DEFINING MONUMENT SIGNS
AND ELECTRONIC DISPLAY SIGNS AND ESTABLISHING
REQUIREMENTS FOR SUCH SIGNS
10 WHEREAS, the public convenience, general welfare and good zoning practice so
11 require;
12
13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA:
15 That there is hereby referred to the Planning Commission, for its consideration
16 and recommendation, an ordinance to amend Section 111 of the City Zoning Ordinance
17 and add a new Section 217, defining monument signs and electronic display signs and
18 establishing requirements for such signs.
19
20 A true copy of such proposed ordinance is attached hereto.
21
22
23 Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th
24 day of August , 2009.
APPROVED AS TO LEGAL SUFFICIENCY:
~~~./~/awf
City Attorney's Office
CA-11269
R-1
August 13, 2009
I il
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1 REQUESTED BY COUNCILMEMBER RON A. VILLANUEVA
2
3
4 AN ORDINANCE TO AMEND SECTION 111 AND ADD
5 NEW SECTION 217 TO THE CITY ZONING ORDINANCE,
6 DEFINING MONUMENT SIGNS AND ELECTRONIC
7 DISPLAY SIGNS AND ESTABLISHING REQUIREMENTS
8 FOR SUCH SIGNS
9
10 Section Amended: City Zoning Ordinance Section 111
11
12 Section Added: City Zoning Ordinance Sections 217
13 WHEREAS, the public necessity, convenience, general welfare and good zoning
14 practice so require;
15
16 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
17 BEACH, VIRGINIA:
18
19 That Section 111 of the City Zoning Ordinance is hereby amended and
20 reordained, and a new Section 217, pertaining to electronic display signs, is hereby
21 added, to read as follows:
22
23 Sec. 111. Definitions.
24 For the purpose of this ordinance, words used in the present tense shall include
25 the future; words used in the singular number include the plural and the plural the
26 singular; the use of any gender shall be applicable to all genders; the word "shall" is
27 mandatory; the word "may" is permissive; the word "land" includes only the area
28 described as being above mean sea level; and the word "person" includes an individual,
29 a partnership, association, or corporation.
30
31 In addition, the following terms shall be defined as herein indicated:
32
33 Sian. electronic disp/av. A sian containina liaht emittina diodes (LEOs), fiber
34 optics. liaht bulbs. plasma displav screens or other illumination devices. or a series of
35 vertical or horizontal slats or cvlinders that are capable of beina rotated at intervals. that
36 are used to chanae the messaaes. intensity of liaht or colors displayed by such sian.
37 The term shall not include sians on which liahts or other illumination devices display
38 only the temperature or time of day in alternatina cycles of not less than five (5)
39 seconds.
40
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Sign, monument. A freestanding sign supported primarily by internal structural
framework or integrated into landscaping or other solid structural features other than
support poles, and the base of which is at least seventy-five (75) percent of the total
width of the sign. Monument sians have the followina additional characteristics:
(a) The width of the base does not exceed twice the heiaht of the total sian
structure and does not extend more than one (1 ) foot beyond either outside edae of the
face of the sian;
(b) The heiaht of the base is between eiahteen (18) inches and four (4) feet:
and
(c) The maximum heiaht of the sian. as measured from around level. does not
exceed eiaht (8) feet.
COMMENT
The amendments in Lines 33-39 define the term "electronic display sign." Specifically
excluded from the definition are ordinary time/temperature signs that do not alternate cycles more
frequently than every five seconds. The remaining amendments to the section refine the definition
ofthe term "monument sign."
ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE
TO ALL DISTRICTS
B. SIGN REGULATIONS
Sec. 217. Electronic disolav sians.
(a) Electronic display sians shall be allowed only in the B-1A throuah B-4C
Business Districts and in coniunction with schools or other public uses in any zonina
district: provided. however. that no such sians shall be allowed in any Historic and
Cultural District. and provided further. that electronic display sians in public parks or in
the B-3A Pembroke Central Business Core District or the B-4C Central Business Mixed
Use District shall reauire the approval of the City Council.
(b) Electronic display sians shall conform to the provisions of this section and
to all applicable aeneral sian reaulations set forth in Part B of Article 2.
2
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128
11,1
(c) Electronic display sians shall conform to the followina reauirements:
(1) No more than one such sian shall be permitted on any zonina lot:
(2) No such sian shall exceed a heiaht of eiaht (8) feet or thirty-two
(32) sauare feet per face;
(3) Such sians shall be monument - style. as set forth in Section 111.
provided. however. that in the B-3A Pembroke Central Business
Core District and B-4C Central Business Mixed Use District. the
City Council may allow an establishment to have one (1) electronic
display sian in lieu of a buildina identification sian:
(4) No such sian shall advertise or direct the attention of the aeneral
public to an establishment. business or service that is located on a
separate site from the zonina lot on which the sian is located:
(5) No portion of the material displayed by any such sian. includina
backarounds. colors. pictures. letterina, pictures or other araphics.
shall be chanaed more freauently than once every five (5) seconds:
(6) Video displays or audio speakers on. or electronically connected to.
such sians shall not be permitted:
(7) Such sians shall not exceed a maximum illumination of five
thousand (5.000) candelas per sauare meter from sunrise to sunset
or five hundred (500) candelas per sauare meter between sunset
and sunrise. as measured from the sian face at maximum
briahtness. and shall be eauipped with a workina dimmer control
device capable of automatically reducina the illumination to the
reauired sunset-to-sunrise level.
(8) The electrical service lines providina power to such sians shall be
underaround.
COMMENT
The amendments allow electronic display signs only in conjunction with schools and other
public uses in all zoning districts and in the B-IA though B-4C Business Districts (i.e., all Business
Districts except the B-1 Neighborhood Business District and B-4K Historic Kempsville Area Mixed
Use District), and not within any Historic and Cultural District. Inasmuch as all freestanding signs
in the B-3A and B-4C Districts require the approval of the City Council under existing CZO
3
i I II
II
I I
129 Section 905 (d) (4), electronic display signs in those two districts would require City Council
130 approval. City Council approval would also required for electronic display signs in public parks.
131
132 The amendments also provide that electronic display signs must, in addition to the
133 provisions of this section, conform to the City's general sign regulations contained in Part B of
134 Article 2 of the City Zoning Ordinance.
135
136 In addition, there are a number of requirements specific to electronic display signs that
137 address the special characteristics of such signs. These requirements pertain to size, height,
138 frequency of message changes, wiring, sound and illumination. In addition, subdivision (c) (4)
139 prohibits electronic display signs from advertising or directing the attention of the general public to
140 an establishment, business or service that is located on a separate site from the sign. This provision
141 is consistent with the City's prohibition of billboards.
142
143
144
145 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of
146 , 2009.
APPROVED AS TO LEGAL
SUFFICIENCY:
/ )Jv~Mv! tv!/[W
City Attorney's Office
CA10718
R-10
August 13, 2009
4
II II
II
,I I
- 32 -
Item V-M. 7.
ORDINANCES/RESOLUTIONS
ITEM # 59144
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer. City Council ADOPTED:
Resolution to AUTHORIZE the FY20l0 Performance Contract re: the
Community Services Board and the Commonwealth of Virginia
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley. Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
August 25, 2009
II II
II II
1
2
3
4
5
6
7
8
9
10
11
12
13
A RESOLUTION APPROVING A CONTRACT BETWEEN
THE COMMUNITY SERVICES BOARD AND THE STATE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the City Council hereby approves the FY 2009-10 performance contract
between the City of Virginia Beach Community Service Board and the Virginia Department
of Behavioral Health and Developmental Services, which provides State-controlled
performance contract funding to the Community Services Board.
Adopted by the Council of the City of Virginia Beach, Virginia on the 25th day
of August 2009.
Approved as to Content:
Approved as to Legal Sufficiency:
H Vl^'QQ ~
Management Services
;?~~
City Attorney's Office
CA11257
R-2
August 11, 2009
!! II
II
e
City of Virginia Beach
DEPARTMENT OF HUMAN SERVICES
ADMINISTRATIVE DIVISION
(757) 437~100
F A:J( (757) 490-5736
TOO (757) 437~150
297 INDEPENDENCE BOULEVARD
PEMBROKE SIX, SUITE 208
VIRGINIA BEACH, VA 23462-2891
DATE:
June 23, 2009
TO:
Citizens of Virginia Beach ~ ~_ L _ I. _
Diana G. Ruchelman, Virginia ~Comm'u~i~~
FROM:
SUBJECT:
FY 2010 Community Services Performance Contract
This summary of the proposed SFY 2010 (July 1, 2009 - June 30, 2010) Community
Services Performance Contract that makes State/Federal funds available for locally
provided public mental health, mental retardation, and substance abuse services is
. provided for your review and comment.
The funding identified includes State General Funds, State Restricted Funds, Federal
Funds, required City Match Funds, Medicaid and other Fee Revenues. Estimated
numbers of consumers to be served are based solely on funds made available through
Medicaid, state and federal sources; services supported by local funding are not part of
the State Performance Contract and therefore are not reflected in the data.
The attached table is a summary of the core services and covered MR Waiver services
and funding levels projected to be paid for by funds provided and reported through the
Performance Contract.
.
i I II
II
,I I
e
FY 2010 C
. S
.
ommumtv ervices Performance Contract Pro[ osal Summarv
Proposed #of
Program Service Unit Funding Consumers
Mental Health
Outpatient Services $1,674,060 1,140
Case Management Services $2,088,526 1,510
Residential Crisis Stabilization Services $1,370,135 430
Day Treatment/Partial Hospitalization $1,070,769 351
Rehabilitation/Habilitation $2,433,651 443
Individual Supported Employment $109,646 25
Supervised Residential Services (551) $1,379,534 82
Supportive Residential Services (581) $638,945 175
Discharge Assistance Project (DAP) N/A 10
MH Child and Adolescent Services N/A 82
Initiative
Juvenile Detention Center N/A 236
Mental Retardation
Outpatient Services $104,526 19
Case Management Services $2,798,184 783
Rehabilitation $2,512,004 145
Supportive Residential Services $956,996 66
Intensive Residential $2,314,666 28
Group Supported Employment $436,786 55
Individual Supported Emolovment $303,530 75
Highly Intensive Residential $6,246.391 42
Substance Abuse
Outpatient $394,415 475
Day Treatment/Part, Hosp. $412,522 33
Highly Intensive Residential Services $1,130,137 266
Intensive Residential Services $266,574 80
Supportive Residential Services $359,551 25
e
I 'I
e
.
.
II
Proposed #of
Program Service Unit Funding Consumers
Prevention Services $1,399.572 N/A
Services Available Outside of a
Program Area
Emergency Services $1,372.717 2,000
Consumer Monitoring Services $23,414 244
Centralized Services $3,526.613 All
consumers
II
- 33 -
Item V-M.8.
ORDINANCES/RESOLUTIONS
ITEM # 59145
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED.'
Resolution to AUTHORIZE the City's support of the Green Jobs
Alliance (GJA) Mission and the applications for Federal Grants re:
American Recovery and Reinvestment Act (ARRA)
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin. Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
August 25,2009
: I II
II II
1 A RESOLUTION APPROVING THE CITY'S SUPPORT OF
2 THE GREEN JOBS ALLIANCE (uGJA") MISSION, AND THE
3 GJA'S APPLICATIONS FOR FEDERAL GRANTS UNDER
4 THE AMERICAN RECOVERY AND REINVESTMENT ACT
5 (UARRA")
6
7 WHEREAS, the Green Jobs Alliance (uGJA") is a national nonprofit partnership
8 created in response to the Green Jobs Act (included as Title X of Public Law 110-140,
9 Energy Independence and Security Act of 2007) and in anticipation of the passage of
10 the American Recovery and Reinvestment Act (UARRA"); and
11
12 WHEREAS, the GJA By-Laws and Articles of Incorporation are in alignment with
13 the Green Jobs Act; and
14
15 WHEREAS, the GJA has been designated a State Energy Training Partner by
16 the Commonwealth of Virginia; and
17
18 WHEREAS, the GJA is an organization formed by renewable energy industries
19 and labor organizations, that includes a coalition of higher educational institutions,
20 career and technical training schools, community service organizations, environmental
21 groups, workforce investment boards, green construction companies, sustainable small
22 businesses, and veteran's groups, who have partnered to provide education, green
23 workforce training, job placement, and career development; and
24
25 WHEREAS, the mission of the GJA is to coordinate the resourcing, training, and
26 associated support for the development of an evolving energy efficiency and renewable
27 energy industries workforce with a goal of economic independence for individual
28 workers, including unemployed and underemployed workers, veterans, at-risk youth,
29 workers affected by national environmental and energy policy, individuals in need of
30 updated training related to energy efficiency and renewable energy, and former
31 incarcerated, adjudicated, non-violent offenders, and those who seek a pathway out of
32 poverty; and
33
34 WHEREAS, the ARRA authorizes $500 million in competitive grants for green
35 workforce training, and
36
37 WHEREAS, the Department of Labor has split this funding into five separate
38 grant competitions for strategic partnerships and other entities to prepare workers for
39 careers in energy efficiency and renewable energy industries; and
40
41 WHEREAS, the GJA is applying for an Energy Partnership Grant.
42
43 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
44 VIRGINIA BEACH, VIRGINIA:
II II II
45 That the City of Virginia Beach endorses the efforts of the GJA and this
46 application for a federal grant to provide green workforce training to the Hampton Roads
47 region and the Commonwealth of Virginia.
48
49 Adopted by the City Council of the City of Virginia Beach, Virginia, this ?t;t-h
50 day of August ,2009.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~"p~
City Manager's Office
~~~
City Attorney's Office
CA11272
R-2
August17,2008
II II
I"
, I
- 34 -
Item V-M. 9.
ORDINANCES/RESOLUTIONS
ITEM # 59146
Bruce Drees, 921 Winthrope Drive, Phone: 486-4489, spoke in SUPPORT and wished to express
appreciation on behalf of the cycling community. As the City continues to increase in density, other
options re Bikeways and Trails are necessary to support On-Road Bicycle Accommodations. Mr. Drees
requested all the cyclists' organizations in attendance to stand.
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Resolution to A UTHORIZE a study of the Bikeways & Trails Plan to
support On-Road Bicycle Accommodations (requested by Council Lady
Wilson)
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
August 25, 2009
I II
'I 'I;
REQUESTED BY COUNCILMEMBER WILSON
1 RESOLUTION SUPPORTING ON-ROAD BICYCLE ACCOMMODATIONS
2
3 WHEREAS, the City Council of the City of Virginia Beach desires to make
4 reasonable accommodations for the various users of the City's public roads, including
5 motor vehicles, pedestrians and bicyclists; and
6
7 WHEREAS, in 2004, City Council amended the Master Transportation Plan
8 component of the Comprehensive Plan to incorporate a Bikeways and Trails Plan;
9
10 WHEREAS, the Bikeways and Trails Plan calls for a comprehensive system of
11 bikeways and trails, including multi-modal accommodations, but it does not specifically
12 address on-road bicycle lanes;
13
14 WHEREAS, on-road bicycle accommodations include Bike Lanes, Wide Curb
15 Lanes, certain shoulder improvements, and certain signage and road markings for
16 shared-lane use, as well as other physical improvements and traffic control devices as
17 established in professional guidelines and standards issued by the American
18 Association of State Highway and Transportation Officials ("AASHTO"), the Virginia
19 Department of Transportation ("VDOT"), the Federal Highway Administration ("FHWA")
20 Manual for Uniform Traffic Control Devices ("MUTCD"), and other recognized
21 authorities;
22
23 WHEREAS, on-road bicycle accommodations, in particular bike lanes, are
24 preferred by many long-distance, sport, and higher speed cyclists, and dedicated
25 bicycle facilities better protect the safety of both bicyclists and motorists; and
26
27 WHEREAS, on-road bicycle accommodations not only could be incorporated into
28 certain roadway projects in addition to multi-modal accommodations and sidewalks, but,
29 in some instances, also could be included as part of roadway projects for which multi-
30 modal accommodations are not feasible.
31
32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
33 VIRGINIA BEACH, VIRGINIA:
34
35 That the City Manager or designee shall conduct a review of the Bikeways and
36 Trails Plan component of the Comprehensive Plan, in consultation with the Bikeways
37 and Trails Advisory Committee, with an emphasis on identifying existing and proposed
38 roadways that would be appropriate for the inclusion of on-road bicycle
39 accommodations, and, where feasible, incorporate such accommodations into existing
40 or planned road improvement projects.
1
I II
II
Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th
day of Zll1l}l1st ,2009.
APPROVED AS TO LEGAL
SUFFICIENCY:
??~~
City Attorney's Office
CA 11255 R-4 August 11, 2009
2
I II
II ,I
- 35 -
Item V-M.10.
ORDINANCES/RESOLUTIONS
ITEM # 59147
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to A UTHORIZE the transfer of funds to provide a different
funding source re: a local Grant match for the Fire Department.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
August 25, 2009
II
1 AN ORDINANCE TO TRANSFER FUNDS TO
2 PROVIDE A DIFFERENT FUNDING SOURCE FOR A
3 LOCAL GRANT MATCH FOR THE FIRE
4 DEPARTMENT
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
9 1) $102,000 is hereby transferred from the 2008 Assistance to Firefighters
10 Grant to the FY 2008-09 State Fire Programs Grant Fund.
11
12 2) $50,000 is hereby transferred from the FY 2009-10 Operating Budget of the
13 Department of Emergency Medical Services to the Fire Department as part
14 of the local match for the 2008 Assistance to Firefighters Grant for the
15 purpose of purchasing Electrocardiogram monitors.
16
17 3) $52,000 is hereby transferred from the FY 2009-10 General Fund Reserve
18 for Contingencies to the Fire Department as part of the local match for the
19 2008 Assistance to Firefighters Grant for the purchase of Electrocardiogram
20 monitors.
Adopted by the Council of the City of Virginia Beach, Virginia on the 25th day
of August , 2009.
Approved as to Content:
Approved as to Legal
Sufficiency:
~Q
~~ce~
~
Management Services
CA11268
R-2
August12,2009
- 36 -
Item V-M.1 J.a.b.c
ORDINANCES/RESOLUTIONS
ITEM # 59148
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE State and Federal Funds
to the FY2009-10 Operating Budget of the Department of Human
Services as follows:
a. $120,000 from the Virginia Department of Criminal Justice
Services re: investigations on defendants appearing in
arraignment court
b. $47,500 in F edera/ pass-through funding from the Virginia
Department of Behavioral Health and Development
Services re: providing mental health services in the projects
for assistance in transition from the Homelessness program
c. two (2) additional full-time Pretrial Officers and one (1)
additional Mental Health/Mental Retardation Assistant
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer.
Barbara M Henley, Vice Mayor Louis R. Jones. Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
August 25, 2009
II II
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE
2 AND FEDERAL FUNDS TO THE FY 2009-10 OPERATING
3 BUDGET OF THE DEPARTMENT OF HUMAN SERVICES
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA THAT:
6
7 1. $120,000 from the Virginia Department of Criminal Justice Services is hereby
8 accepted and appropriated, with state revenues increased accordingly, to the FY
9 2009-10 Operating Budget of the Department of Human Services to perform
10 investigations on defendants appearing in arraignment court;
11
12 2. $47,570 in federal pass-through funding from the Virginia Department of
13 Behavioral Health and Developmental Services is hereby accepted and
14 appropriated, with federal revenue increased accordingly, to the FY 2009-10
15 Operating Budget of the Department of Human Services to provide mental
16 health services in the Projects for Assistance in Transition from Homelessness
17 Program; and
18
19 3. The Department of Human Services is hereby increased by two additional full-
20 time Pretrial Officers (2 FTEs) and one additional Mental Health/Mental
21 Retardation Assistant (1 FTE), contingent upon continued federal and state
22 funding of these positions.
of
Adopted by the Council of the City of Virginia Beach, Virginia on the 25th
~llCJll~t- , 2009.
day
Requires an affirmative vote by a majority of all of the members of City Council.
Approved as to Content:
Approved as to Legal Sufficiency:
jj~ (A ~A
Management Services
-;e~ y-
City Attorney's Office
,
CA11258
R-2
August 11, 2009
- 37 -
N. PLANNING ITEM # 59149
1. CHURCH OF JESUS CHRIST OF
LATTER-DAY SAINTS CONDITIONAL CHANGE OF ZONING
2. HAMPTON ROADS CHURCH OF CHRIST MODIFICATION OF CONDITIONS
NOS. 1 AND 2 (APPROVED 212311999)
3. RICHMOND 20MHZ, LLC, d/bla MODIFICATION OF CONDITION NO.1
NTELOSIROBERTB.TIMMSand
C. ARTHUR RUTTER, Ill, TRUSTEES (APPROVED by City Council 111311998)
4. TOWN CENTER ASSOCIATES CONDITIONAL USE PERMIT
5. ANTHONY CA T ALDOl CONDITIONAL USE PERMIT
CATALDO INDUSTRIES, III, L.L.C.
6. JENIFER and KELLY BRITT CONDITIONAL USE PERMIT
7. CITY ZONING ORDINANCE (CZO) AMEND ~201 re: setback for piers
August 25, 2009
II II
- 38 -
Item V-No
PLANNING
ITEM # 59150
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE
MOTION Items 1,2,4,5,6 and 7 (DEFERRED) of the PLANNING BY CONSENT AGENDA.
Item 7 (City Zoning Ordinance re setback for piers) shall be DEFERRED, BY CONSENT, sixty (60)
days until the City Council Session of (October 27, 2009)
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer.
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
August 25, 2009
i I II
"
, I
- 39 -
Item V-N.l.
PLANNING
ITEM # 59151
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED the
Ordinance upon application of CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, for a
Chanf!e of Zoning District Classification from 1-2 Heavy Industrial District to Conditional 0-1 Office
District at 4873 and 4883 Bonney Road and a Conditional Use Permit re: religious facility:
APPL/CATION OF CHURCH OF JESUS CHRIST OF LATTER-DAY
SAINTS, FOR A CHANGE OF ZONING DISTRiCT CLASSIFICATION
FROM 1-2 HEAVY INDUSTRiAL DISTRiCT TO CONDITIONAL 0-1
OFFICE DISTRiCT AT 4873 AND 4883 BONNEY ROAD Z0809l227
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of CHURCH OF JESUS CHRIST OF
LATTER-DAY SAINTS, for a Change of Zoning District Classification
from 1-2 Heavy Industrial District to Conditional 0-1 Office District at
4873 and 4883 Bonney Road.
(GP IN: 14771086200000; 14772011860000,'14772000337000.)
DISTRiCT 2 - KEMPSVILLE
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the Clerk
of the Circuit Court and is hereby made a part of the record.
ORDINANCE UPON APPL/CATION OF CHURCH OF JESUS
CHRIST OF LATTER-DAY SAINTS, FOR A CONDITIONAL USE
PERMIT RE A REL/GIOUS FACIL/TY AT 4873 AND 4883 BONNEY
ROAD. R080935364
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of CHURCH OF JESUS CHRIST OF
LA TTER-DA Y SAINTS, for a Conditional Use Permit re a religious
facility at 4873 and 4883 Bonney Road.
(GPIN: 14771086200000,'14772011860000; 14772000337000)
DISTRiCT 2 - KEMPSVILLE
The following condition shall be required:
1. The existing sidewalk along Bonney Road shall be relocated when the proposed
right-turn lane is installed. A five-foot wide sidewalk along the frontage of
Bonney Road, designed in accordance with the City of Virginia Beach Public
Works Specifications and Standards, shall be required.
August 25, 2009
II il
- 40-
Item V-N.J.
PLANNING
ITEM # 59151 (Continued)
These Ordinances 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 Twenty-fifih of August, Two
Thousand Nine
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis. William R. "Bill" DeSteph, Harry E. Diezel. Robert M Dyer,
Barbara M Henley. Vice Mayor Louis R. Jones. Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
August 25, 2009
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-7406
FROM:
Mark D. Stiles 1"..... ~
B. Kay WilS~~
DATE: August 12, 2009
DEPT: City Attorney
DEPT: City Attorney
TO:
RE: Conditional Zoning Application; Corporation of the Presiding Bishop of the
Church of Jesus Christ of Latter-Day Saints
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on August 25, 2009. I have reviewed the subject proffer agreement, dated
March 26, 2009 and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
fu rthe r.
BKW /ka
Enclosure
cc: Kathleen Hassen /
Prepared By:
R. Joel Ankney, Esq.
R. Joel Ankney, Esq., P.c.
192 Ballard Ct., Suite 310
Virginia Beach, VA 23462 (757) 216-4578
PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS
BONNEY ROAD CHAPEL by the CORPORATION OF THE PRESIDING BISHOP OF THE
CHURCH OF JESUS CHRIST OF LA TTER-DA Y SAINTS, a Utah corporation Sole
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made as of the 26th day of March, 2009, by and between the
CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF
LATTER-DAY SAINTS, a Utah corporation Sole, Grantor, and the CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of that certain parcel of property located in the
Independence District of the City of Virginia Beach, Virginia, containing approximately 3.8948
acres and described in Exhibit "A" attached hereto and incorporated herein by this reference,
said property hereinafter referred to as the "Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the
City of Virginia Beach, by petition addressed to the Grantee so as to change the Zoning
Classification of the Property from 1-2 Industrial District to Conditional 0-1 Office District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development ofland
for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible
uses conflict and that in order to permit differing uses on and in the area of the Property and at
the same time to recognize the effects of change, and the need for various types of uses, certain
reasonable conditions governing the use of the Property for the protection of the community that
are not generally applicable to land similarly zoned are needed to cope with the situation to
which the Grantor's rezoning application gives rise; and
GPIN: 14772003370000, 14772011860000, 14771086200000
Page 1 of7
, :1
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to
the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map
with respect to the Property, the following reasonable conditions related to the physical
redevelopment, operation, and use of the Property to be adopted, as a part of said amendment to
the Zoning Map relative and applicable to the Property, which has a reasonable relation to the
rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, it's successors, personal representatives, assigns,
grantees, and other successors in title or interest, voluntarily and without any requirement by or
exaction from the Grantee or its governing body and without any element of compulsion or quid
pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes
the following declaration of conditions and restrictions which shall restrict and govern the
physical development, operation, and use of the Property and hereby covenants and agrees that
this declaration shall constitute covenants running with the Property, which shall be binding
upon the Property and upon all parties and persons claiming under or through the Grantor, it's
successors, personal representatives, assigns, grantees, and other successors in interest or title:
1. When the Property is redeveloped, it shall be redeveloped substantially as shown
on the exhibit entitled "'Existing Site Conditions & Demolition Plan", dated 11/18/08, prepared
by Dills Ainscough Duff Architects, which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as
the "Site Plan").
2. When the building depicted on the Site Plan is developed, its exterior appearance
shall be substantially similar in architectural features, details and building materials on the
exhibits entitled "Exterior Elevations," and "Heritage 98 Traditional," prepared by Dills
Ainscough Duff Architects, which have been exhibited to the Virginia Beach City Council and
are on file with the Virginia Beach Department of Planning.
3. When the Property is re-developed, the interior property lines of Parcels A, B, and
C shall be vacated, as shown on the Site Plan.
4. Further conditions may be required by the Grantee during detailed Site Plan
and/or Subdivision review and administration of applicable City Codes by all cognizant City
agencies and departments to meet all applicable City Code requirements.
GPIN: 14772003370000, 14772011860000, 14771086200000
Page 2 of6
I II
Ii
All references hereinabove to the 1-2 and 0-1 Districts and to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision
Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this
agreement by City Council, which are by this reference incorporated herein.
The above conditions, having been proffered by the Grantor and allowed and accepted by
the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and
effect until a subsequent amendment changes the zoning of the Property and specifically repeals
such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning
Ordinance even if the subsequent amendment is part of a comprehensive implementation of a
new or substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record
owner of the Property at the time of recordation of such instrument, provided that said instrument
is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee, after a public hearing before the
Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of
Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said
instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall
be void.
The Grantor covenants and agrees that:
(1) The Zoning administrator of the City of Virginia Beach, Virginia, shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions and restrictions, including the
authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and
(b) to bring legal action or suit to insure compliance with such conditions, including mandatory
or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny
the issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions, the Grantor shall petition the governing body for the review thereof prior to
instituting proceedings in court; and
GPIN: 14772003370000,14772011860000,14771086200000
Page 3 of6
(4) The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property, and the ordinances and the conditions may be
made readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the
Grantor and the Grantee.
WITNESS the following signature and seal:
Grantor:
CORPORA TION OF THE PRESIDING BISHOP OF THE
CHURCH OF JESUS CHRIST OF LATTER-DAY
SAINTS, a tah corpora. on Sole
AR
,
~EAL )
Terry Spa in
Director for Temporal Affairs
STATE OF ~
COUNTY OF ~ L.tt~~
, to-wit:
The foregoing instrument was acknowledged before me this.2Ll day of March, 2009, by
Terry Spallino, Director for Temporal Affairs of the Corporation of the Presiding Bishop of the
Church of Jesus Christ of Latter-Day Saints, a Utah corporation Sole, Grantor.
(i) OAWNA M. PETERSON
NOTARY PUBlIC. STATE OF UTAH
.11 SO EAST NORTH TEMPLE STREET
. . SALT lAKE cnv. us 84150-6912
'. Camm.. 1 19/2011
~~
Notary Public
My Commission Expires: J D /1'1 I ~O II
Notary Registration No.:
GP~: 14772003370000,14772011860000,14771086200000
Page 4 of6
,I II
EXHIBIT "A"
Legal Description
PARCEL A:
All that certain parcel ofland, designated as "Parcel 'A"', containing 2.1286 acres as shown on a
certain plat entitled "Survey of a Portion of Site No. 12, Map of A.W. Cornick's Kempsville
Farm (M.B. 9, P. 43), Kempsville Borough-Virginia Beach, Virginia for ALWAT
ASSOCIATES", made by Rouse-Sirine Associates, Ltd. which plat of survey is recorded in Map
Book 158 at page 36, and to which reference is hereby made for a more particular description.
PARCEL B:
All that certain parcel of land, designated as "PARCEL 'B''', containing 1.2802 acres, as shown
on a certain plat entitled "Survey of a Portion of Site No. 12, Map of A.W. Cornick's Kempsville
Farm (M.B. 9, P. 43) Kempsville Borough-Virginia Beach, Virginia for ALWAT
ASSOCIATES", made by Rouse-Sirine Associates, Ltd., which plat of survey is recorded in
Map Book 158 at page 36, and to which plat reference is hereby made for a more particular
description.
Less and except that portion of land taken by the City of Virginia Beach described in certificate
recorded in Deed Book 2802, Page 926, confirmed by order in Deed Book 2975, Page 593, and
shown on plats recorded in Deed Book 2794 at page 1925 and 1926, together with Virginia
Power easements, permanent drainage easements and temporary construction easements.
PARCEL C - Metes and Bounds:
All that certain lot, piece or parcel of land, lying in the City of Virginia Beach, Virginia, and
bounded and described as follows:
Beginning at a point in the southern line of Bonney Road which point is the northernmost comer
of the land of Alwat Associates; thence running in a southerly direction along the boundary of
said Alwat Associates and the extension thereof to the boundary line of Kempsville Lake, Phase
3, Part 2-B (M.B. 158, Page 52), thence turning and running in a northwesterly direction along
the line of Kempsville Lake, Phase 3, Part 2-B, and Kempsville Lake, Phase 9, (D.B. 2471, Pg.,
124-Plat) to a comer in the line of the property now or formerly belonging to Richard Cuffee et
ux.; thence running in a northerly direction along the line of said Cuffee and any extension
thereof to the southern line of Bonney Road; thence running in a southeasterly direction along
the southern line of Bonney Road a distance of253 feet, more or less to a point, the place of
beginning.
Less and Except that portion ofland taken by the City of Virginia Beach containing 0.579 acres,
as described in the Certificate recorded January 31, 1989, in the Clerk's office of the Circuit
Court of the City of Virginia Beach in Deed Book 2802 at page 926 and confirmed by order
dated March 26, 1991, in Deed Book 2975, page 593.
GP~: 14772003370000, 14772011860000, 14771086200000
Page 5 of6
11.1 "
IT BEING the same property conveyed to the Corporation of the Presiding Bishop of the Church
of Jesus Christ of Latter-Day Saints, a Utah corporation Sole, by General Warranty Deed from
AL W A T Associates, a Virginia General Partnership, dated December 23, 2008 and recorded on
January 5, 2009 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia
as Instrument No. 20090105000000670.
GP~: 14772003370000,14772011860000,14771086200000
GPIN: 14772003370000, 14772011860000,14771086200000
Page 6 of6
II
- 41 -
Item V-N.2.
PLANNING
ITEM # 59152
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED
application of HAMPTON ROADS CHURCH OF CHRIST re Modification of Conditions No.1 and 2
(approved by City Council on February 23, 1999) re temporary portable structures.
ORDINANCE UPON APPL/CATION OF HAMPTON ROADS
CHURCH OF CHRIST RE MODIFICATION OF CONDITIONS NO. 1
AND 2 (APPROVED BY CITY COUNCIL ON FEBRUARY 23, 1999) RE
TEMPORARY PORTABLE STRUCTURES.
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA
Ordinance upon application of HAMPTON ROADS CHURCH OF
CHRIST re Modification of Conditions No. 1 and 2 (approved by City
Council on February 23, 1999) re temporary portable structure, 2520
Holland Road, (GP IN: #14948745110000)
DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
1. All conditions, with the exception of Number 1 and Number 2 attached to the Conditional Use
Permit granted by the City Council on February 23, 1999, remain in effect.
2. Condition Number 1 and Number 2 of the February 23, 1999, Conditional Use Permit are
deleted and replaced with the following:
a. The proposed temporary structure plannedfor the site must be developed in
substantial conformance with the marked-up survey entitled "Physical Survey of Part
of Parcel A Resubdivision of Property of James G. Kollar & Marylou Kollar" by
Ward M Holmes and dated March 6, 2009. Said plan has been exhibited to the
Virginia Beach City Council and is onfile with the Virginia Beach Planning
Department.
b. The temporary structure is approvedfor a period offive (5) years from the date of
this Conditional Use Permit approval.
3. The following condition is added to the Conditional Use Permit granted by City Council on
February 23, 1999.
a. The applicant shall obtain all necessary permits and inspections from the
Department of Planning, Permits and Inspections Division. A Certificate of
Occupancy shall be obtained before occupancy of the structure
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 Twenty-fifth of August, Two
Thousand Nine
August 25, 2009
II
,;1 I
- 42-
Item V-N.2.
PLANNING ITEM # 59152 (Continued)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
August 25, 2009
II :11
- 43 -
Item V-N.3
PLANNING
ITEM # 59153
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of RICHMOND 20MHZ, LLC, d/b/a NTELOS/ROBERT B. TIMMS & c.
ARTHUR RUTTER, III, TRUSTEES, for the Modification of' Condition No.1 (approved by City
Council on January 13, 1998) re: extension of the existing tower from l50-feet to 1 67-feet.
ORDINANCE UPON APPL/CATION OF RiCHMOND 20MHZ, LLC,
D.B.A. NTELOS / ROBERT B. TIMMS & c. ARTHUR RUTTER, /II,
TRUSTEES, RE MODIFICATION OF CONDITION NO. 1,
(APPROVED BY CITY COUNCIL ON JANUARY 13, 1998), 2665
INDIAN RiVER ROAD.
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of RICHMOND 20MHZ, LLC, D.B.A.
NTELOS/ROBERT B. TIMMS AND C. ARTHUR RUTTER, III,
TRUSTEES, re Modification of' Condition No.1, previously approved
by City Council on January 13, 1998, 2665 Indian River Road (GP IN:
3149371420300000)
DISTRiCT 7 - PRiNCESS ANNE
The following conditions shall be required
1. The conditions of the Conditional Use Permit approved by City Council on January 13, 1998, shall
remain in effect with the exception of Condition 1 which shall be replaced with the following:
The communication tower shall be constructed in substantial coriformance with the plan entitled,
"NR-5437, Princess Anne, Sheet Number C-3, "prepared by All Pro Consulting Group, dated
03/17/09 ", which has been exhibited to City Council and is on file with the Department of Planning
2. In the event interference with any City emergency communications facilities results from the use of
this tower and antennas, the user(s) shall take all measures reasonably necessary to correct and
eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user
shall immediately cease operation to the extent necessary to stop the interference.
3. As required by Section 232(i)(4) of the City Zoning Ordinance (CZO), should the antennas cease to
be used for a period of more than one (1) year, the applicant shall remove the tower, antennas and
related equipment from the property.
4. No signs indicating the location of this facility are 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 Twenty-jifth of August, Two
Thousand Nine
August 25, 2009
II ,II
- 44-
Item V-N.3
PLANNING ITEM # 59153 (Continued)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
August 25, 2009
Ii
II ,I
- 45 -
Item V-N.4.
PLANNING
ITEM # 59154
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of TOWN CENTER ASSOCIA TES for a Conditional Use Permit re: multi-
family dwellings at Block 9 within Town Center
ORDINANCE UPON APPL/CATlON OF TOWN CENTER
ASSOCIATES, FOR A CONDITIONAL USE PERMIT, RE MULTI-
FAMILY DWELL/NGS, NORTH SIDE OF COLUMBUS STREET
BETWEEN MARKET STREET AND CENTRAL PARK A VENUE AT
BLOCK 9 WITHIN TOWN CENTER R080935365
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA
Ordinance upon application of TOWN CENTER ASSOCIATES, for a
Conditional Use Permit, re multi-family dwellings, north side of
Columbus Street between Market Street and Central Park Avenue at
Block 9 within Town Center (GPIN 1477541429).
DISTRICT 5 - LYNNHAVEN
The following conditions shall be required:
1. There shall be no more than 219 multi-family dwelling units within the
proposed building.
2. The exterior of the building shall substantially adhere to the submitted
renderings and elevations titled "The Town Center Block 9", prepared by
BH&A Architects, LLC. Said renderings have been exhibited to the Virginia
Beach City Council and are on file with the City of Virginia Beach Planning
Department.
3. All mechanical equipment, including generators, shall be screenedjrom the
public right-of-ways. The screening shall include solid walls that
complement the structure.
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 Twenty:fifth of August, Two
Thousand Nine
August 25, 2009
II
- 46-
Item V-N.4.
PLANNING ITEM # 59154 (Continued)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr.. John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
August 25, 2009
II
- 47-
Item V-N.5.
PLANNING
ITEM # 59155
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of ANTHONY CATALDO/CATALDO INDUSTRIES III, L.L.C, for a
Conditional Use Permit re: bulk storage at 317 Village Road:
ORDINANCE UPON APPL/CATION OF ANTHONY CATALDO /
CATALDO INDUSTRIES III, L.L.C, FOR A CONDITIONAL USE
PERMIT RE BULK STORAGE, 317 VILLAGE ROAD. R080935366
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of ANTHONY CA T ALDO / CA T ALDO
INDUSTRIES III, L.L.C,for a Conditional_Use Permit re bulk storage,
317 Village Road (GPIN # 24075623130000)
DISTRICT 6 ~BEACH
The following conditions shall be required:
1. Bulk storage of vehicles, materials and equipment related to the businesses shall be limited to the
area defined on the submitted plan entitled "Commerce Park ", page 6 of 15, prepared by WP L
civil engineers, land surveyors, planners and landscape architects, dated April 27,2005. Said
plan has been exhibited to the City of Virginia Beach City Council and is onfile in Planning
Department.
2. The applicant shall install additional, appropriate plantings approved by staff within the street
frontage land~caping area along the length of the fence facing Virginia Beach Boulevard.
3. All trucks, trailers and oversized vehicles shall be parked within the bulk storage area when not
in use.
4. The gates to the bulk storage area shall be closed at all times except when personnel are loading
or off-loading equipment and materials.
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 Twenty-fifth of A ugust, Two
Thousand Nine
August 25, 2009
II
II 'I
- 48 -
Item V-N.5.
PLANNING ITEM # 59155 (Continued)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
August 25, 2009
II ;11
- 49-
Item V-N.6.
PLANNING
ITEM # 59156
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of JENIFER and KELLY BRITT, for a Conditional Use Permit re:
skateboard ramp at 825 Hanover Drive:
ORDINANCE UPON APPLICATION OF JENIFER AND KELLY
BRITT, FOR A CONDITIONAL USE PERMIT RE: SKATEBOARD
RAMP AT 825 HANOVER DRIVE R080935367
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of JENIFER and KELLY BRITT, for a
Conditional Use Permit re: skateboard ramp at 825 Hanover Drive
(GPIN# 1476237724000)
DISTRICT 2 - KEMPSVILLE
The following conditions shall be required:
1. The skateboard ramp shall be relocated to meet required setback for accessory structures as set
forth in the City of Virginia's Zoning Ordinance (CZO) and retrofitted in compliance with the
cross section detail entitled, "Britt Ramp, "
2. Use of the ramp shall be limited to the hours between 10:00 A.M and dusk.
3. To reduce the level of sound emanatingfrom the ramp when in use, the following shall be utilized
in retrofitting the construction of the ramp: (a) the underside of the plywood beneath the skating
surface shall be insulated,' (2) the sides of the ramp shall be enclosed with wood; and, (3) roofing
paper shall be installed between the plywood and the skating surface of the ramp.
4, A chain shall be secured across the ramp when the ramp is not in use such that the ramp cannot
be used.
5. At least one adult shall be outside the house and present when the ramp is in use.
6. The Zoning Administrator shall annually evaluate whether the rules have been enforced and the
conditions above have been adhered to. If the evaluation reveals that the rules and conditions are
being met, the use permit shall be renewedfor an additional year, with an annual evaluation
thereafter. If the evaluation reveals that the rules and conditions are not being met, the Zoning
Administrator shall refer the use permit to the City Council for revocation.
August 25, 2009
II II
- 50 -
Item V-No 6.
PLANNING
ITEM # 59156
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 Twenty-.fifth of A ugust, Two
Thousand Nine
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
August 25, 2009
II
- 51 -
Item V-N.6.
PLANNING
ITEM # 59157
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED FOR sixty
(60) DAYS until the City Council Session of October 27,2009:
Ordinance to AMEND 9201 of the City Zoning Ordinance (CZO) re:
setback for piers.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel. Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
August 25, 2009
II iil
- 52 -
Item V.O.1.
APPOINTMENTS
ITEM # 59158
BY CONSENSUS, CITY COUNCIL RESCHEDULED the following APPOINTMENTS:
AGRICULTURAL ADVISORY COMMITTEE
HEALTH SERVICES BOARD
August 25, 2009
II ,II
- 53 -
Item V.O.2.
APPOINTMENTS
ITEM # 59159
Upon NOMINA nON by Vice Mayor Jones, City Council APPOINTED:
David Sparks
Stacey Patrick
3 year term
07/01/09 -06/30/12
BA YFRONT ADVISORY COMMITTEE
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
August 25, 2009
11111
- 54 -
Item V.O.3.
APPOINTMENTS
ITEM # 59160
Upon NOMINA TION by Vice Mayor Jones, City Council REAPPOINTED:
Judith Connors
5 Year Term
1/1/10-12/31/14
BOARD OF ZONING APPEALS - BZA
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer.
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
August 25, 2009
II
II >II;'
- 55 -
Item V. 0.4.
APPOINTMENTS
ITEM # 59161
Upon NOMINATION by Vice Mayor Jones, City Council:
Nominatedfor Governor's appointment
Warren Harris
Donald V. Jel/ig
Stephen R. Romine
Dorothy Wood
Two I-Year Appointments
1/1/09-12/31/09 and 1///10-12/31/10
HAMPTON ROADS ECONOMIC ALLIANCE - HREDA
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
August 25, 2009
i I
- 56 -
Item V. 0 5.
APPOINTMENTS
ITEM # 59162
Upon NOMINA TION by Vice Mayor Jones, City Council APPOINTED..
Jack Voss
4 Year Term
10/1/09-9/30/13
WORKFORCE HOUSING ADVISORY BOARD
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
August 25, 2009
II .11
- 57 -
Item V.R.
ADJOURNMENT
ITEM # 59163
Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6: 53 P.M.
~__J_.__<z0~!-J
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
~~
City Clerk
William D. Sessoms, Jr.
Mayor
City of Virginia Beach
Virginia
August 25. 2009
I:
II .II
- 57 -
Item v'R.
ADJOURNMENT
ITEM # 59163
Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6: 53 P.M.
a~____~:_~~-~
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
th Hodges Fraser, MMC
('ity Clerk
, ~
/AJdl~
William D. Sessoms, Jr.
Mayor
City of Virginia Beach
Virginia
August 25, 2009